Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 / Notices 19895

1The Act expired on August 20, 1994. Executive

Order 12924 (3 C.F.R., 1994 Comp. 917 (1995)),

extended by Presidential Notices of August 15, 1995

(3 C.F.R., 1995 Comp. 501 (1996)), August 14, 1996

(3 C.F.R., 1996 Comp. 298 (1997)), and August 13,

1997 (62 F.R. 43629, August 15, 1997), continued

the Export Administration Regulations in effect

under the International Emergency Economic

Powers Act (50 U.S.C.A. Sections 1701–1706 (1991

& Supp. 1998)).

2Pursuant to appropriate delegations of authority,

the Director, Office of Exporter Services, in

consultation with the Director, Office of Export

Enforcement, exercises the authority granted to the

Secretary by Section 11(h) of the Act.

complexity of the businesses covered by

the response.

Estimated Total Annual Burden:

113,150 hours.

Estimated Total Annual Cost:

$3,394,500 (based on an estimated

reporting burden of 113,150 hours and

an estimated hourly cost of $30).

IV. Request for Comments

Comments are invited on: (a) Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information has practical

utility; (b) the accuracy of the agency’s

estimate of the burden (including hours

and cost) of the proposed collection of

information; (c) ways of enhance the

quality, utility, and clarity of the

information to be collected; and (d)

ways to minimize the burden of the

collection of information on

respondents, including through the use

of automated collection techniques or

other forms of information technology.

Comments submitted in response to

this notice will be summarized and/or

included in the request for OMB

approval of this information collection;

they also will become a matter of public

record.

Dated: April 16, 1998.

Linda Engelmeier,

Departmental Forms Clearance Officer, Office

of Management and Organization.

[FR Doc. 98–10669 Filed 4–21–98; 8:45 am]

BILLING CODE 3510–06–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges;

James Lee, Also Known as Li Jin;

Order Denying Permission To Apply

for or Use Export Licenses

In the Matter of: James Lee, also known as

Li Jin, 410 Auburn Way, No. 34, San Jose,

California 95129.

On January 14, 1998, James Lee, also

known as Li Jin (Lee), was convicted in

the United States District Court for the

Northern District of California of

violating Section 38 of the Arms Export

Control Act (currently codified at 22

U.S.C.A. 2778 (1990 & Supp. 1998)) (the

AECA). Specifically, Lee was convicted

of knowingly and willfully exporting

and attempting to export defense

articles to the People’s Republic of

China without obtaining the required

export license from the Department of

State.

Section 11(h) of the Export

Administration Act of 1979, as amended

(currently codified at 50 U.S.C.A. app.

sections 2401–2420 (1991 & Supp.

1997)) (the Act),1 provides that, at the

discretion of the Secretary of

Commerce,2 no person convicted of

violating the AECA, or certain other

provisions of the United States Code,

shall be eligible to apply for or use any

license, including any License

Exception, issued pursuant to, or

provided by, the Act or the Export

Administration Regulations (currently

codified at 15 CFR Parts 730–774

(1997)) (the Regulations) for a period of

up to 10 years from the date of the

conviction. In addition, any license

issued pursuant to the Act in which

such a person had any interest at the

time of conviction may be revoked.

Pursuant to Sections 766.25 and

750.8(a) of the Regulations, upon

notification that a person has been

convicted of violating the AECA, the

Director, Office of Exporter Services, in

consultation with the Director, Office of

Export Enforcement, shall determine

whether to deny that person permission

to apply for or use any license,

including any License Exception, issued

pursuant to, or provided by, the Act or

the Regulations, and shall also

determine whether to revoke any license

previously issued to such a person.

Having received notice of Lee’s

conviction for violating the AECA, and

following consultations with the Acting

Director, Office of Export Enforcement,

I have decided to deny Lee permission

to apply for or use any license,

including any License Exception, issued

pursuant to, or provided by, the Act and

the Regulations, for a period of 10 years

from the date of his conviction. The 10-

year period ends on January 14, 2008. I

have also decided to revoke all licenses

issued pursuant to the Act in which Lee

had an interest at the time of his

conviction.

Accordingly, it is hereby ordered:

I. Until January 14, 2008, James Lee,

also known as Li Jin, 410 Auburn Way,

No. 34, San Jose, California 95129, may

not, directly or indirectly, participate in

any way, in any transaction involving

any commodity, software or technology

(hereinafter collectively referred to as

‘‘item’’) exported or to be exported from

the United States, that is subject to the

Regulations, or in any other activity

subject to the Regulations, including but

not limited to:

A. Applying for, obtaining, or using

any license, License Exception, or

export control document;

B. Carrying on negotiations

concerning, or ordering, buying,

receiving, using, selling, delivering,

storing, disposing of, forwarding,

transporting, financing, or otherwise

servicing in any way, any transaction

involving any item exported or to be

exported from the United States that is

subject to the Regulations, or in any

other activity subject to the Regulations;

or

C. Benefiting in any way from any

transaction involving any item exported

or to be exported from the United States

that is subject to the Regulations, or in

any other activity subject to the

Regulations.

II. No person may do, directly or

indirectly, any of the following:

A. Export or reexport to or on behalf

of the denied person any item subject to

the Regulations;

B. Take any action that facilitates the

acquisition or attempted acquisition by

a denied person of the ownership,

possession, or control of any item

subject to the Regulations that has been

or will be exported from the United

States, including financing or other

support activities related to a

transaction whereby a denied person

acquires or attempts to acquire such

ownership, possession or control;

C. Take any action to acquire from or

to facilitate the acquisition or attempted

acquisition from the denied person of

any item subject to the Regulations that

has been exported from the United

States;

D. Obtain from the denied person in

the United States any item subject to the

Regulations with knowledge or reason

to know that the item will be, or is

intended to be, exported from the

United States; or

E. Engage in any transaction to service

any item subject to the Regulations that

has been or will be exported from the

United States and which is owned,

possessed or controlled by the denied

person, or service any item, of whatever

origin, that is owned, possessed or

controlled by the denied person if such

service involves the use of any item

subject to the Regulations that has been

or will be exported from the United

States. For purposes of this paragraph,

servicing means installation,

maintenance, repair, modification or

testing.
19896 Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 / Notices

1The Act expired on August 20, 1994. Executive

Order 12924 (3 CFR, 1994 Comp. 917 (1995)),

extended by Presidential Notices of August 15, 1995

(3 CFR, 1995 Comp. 501 (1996)), August 14, 1996

(3 CFR, 1996 Comp. 298 (1997)), and August 13,

1997 (62 FR 43629, August 15, 1997), continued the

Export Administration Regulations in effect under

the International Emergency Economic Powers Act

(50 U.S.C.A. sections 1701–1706 (1991 & Supp.

1998)).

2Pursuant to appropriate delegations of authority,

the Director, Office of Exporter Services, in

consultation with the Director, Office of Export

Enforcement, exercises the authority granted to the

Secretary by Section 11(h) of the Act.

III. After notice and opportunity for

comment as provided in Section 766.23

of the Regulations, any person, firm,

corporation, or business organization

related to Lee by affiliation, ownership,

control, or position of responsibility in

the conduct of trade or related services

may also be subject to the provisions of

this Order.

IV. This Order does not prohibit any

export, reexport, or other transaction

subject to the Regulations where the

only items involved that are subject to

the Regulations are the foreignproduced direct product of U.S.-origin

technology.

V. This Order is effective immediately

and shall remain in effect until January

14, 2008.

VI. A copy of this Order shall be

delivered to Lee. This Order shall be

published in the Federal Register.

Dated: April 6, 1998.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 98–10695 Filed 4–21–98; 8:45 am]

BILLING CODE 3510–DT–M

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges;

Penny Ray, Also Known as Lei Ping;

Order Denying Permission To Apply

for or Use Export Licenses

In the Matter of: Penny Ray, also known as

Lei Ping, 7100 Rainbow Drive #30, San Jose,

California 95129.

On January 14, 1998, Penny Ray, also

known as Lei Ping (Ray), was convicted

in the United States District Court for

the Northern District of California of

violating Section 38 of the Arms Export

Control Act (currently codified at 22

U.S.C.A. 2778 (1990 & Supp. 1998)) (the

AECA). Specifically, Ray was convicted

of knowingly and willfully exporting

and attempting to export defense

articles to the People’s Republic of

China without obtaining the required

export license from the Department of

State.

Section 11(h) of the Export

Administration Act of 1979, as amended

(currently codified at 50 U.S.C.A. app.

sections 2401–2420 (1991 & Supp.

1997)) (the Act),1 provides that, at the

discretion of the Secretary of

Commerce,2 no person convicted of

violating the AECA, or certain other

provisions of the United States Code,

shall be eligible to apply for or use any

license, including any License

Exception, issued pursuant to, or

provided by, the Act or the Export

Administration Regulations (currently

codified at 15 CFR Parts 730–774

(1997)) (the Regulations) for a period of

up to 10 years from the date of the

conviction. In addition, any license

issued pursuant to the Act in which

such a person had any interest at the

time of conviction may be revoked.

Pursuant to Sections 766.25 and

750.8(a) of the Regulations, upon

notification that a person has been

convicted of violating the AECA, the

Director, Office of Exporter Services, in

consultation with the Director, Office of

Export Enforcement, shall determine

whether to deny that person permission

to apply for or use any license,

including any License Exception, issued

pursuant to, or provided by, the Act or

the Regulations, and shall also

determine whether to revoke any license

previously issued to such a person.

Having received notice of Ray’s

conviction for violating the AECA, and

following consultations with the Acting

Director, Office of Export Enforcement,

I have decided to deny Ray permission

to apply for or use any license,

including any License Exception, issued

pursuant to, or provided by, the Act and

the Regulations, for a period of 10 years

from the date of her conviction. The 10-

year period ends on January 14, 2008. I

have also decided to revoke all licenses

issued pursuant to the Act in which Ray

had an interest at the time of her

conviction.

Accordingly, it is hereby ordered

I. Until January 14, 2008, Penny Ray,

also known as Lei Ping, 7100 Rainbow

Drive #30, San Jose, California 95219,

may not, directly or indirectly,

participate in any way, in any

transaction involving any commodity,

software or technology (hereinafter

collectively referred to as ‘‘item’’)

exported or to be exported from the

United States, that is subject to the

Regulations, or in any other activity

subject to the Regulations, including but

not limited to:

A. Applying for, obtaining, or using

any license, License Exception, or

export control document;

B. Carrying on negotiations

concerning, or ordering, buying,

receiving, using, selling, delivering,

storing, disposing of, forwarding,

transporting, financing, or otherwise

servicing in any way, any transaction

involving any item exported or to be

exported from the United States that is

subject to the Regulations, or in any

other activity subject to the Regulations;

or

C. Benefiting in any way from any

transaction involving any item exported

or to be exported from the United States

that is subject to the Regulations, or in

any other activity subject to the

Regulations.

II. No person may do, directly or

indirectly, any of the following:

A. Export or reexport to or on behalf

of the denied person any item subject to

the Regulations;

B. Take any action that facilitates the

acquisition or attempted acquisition by

a denied person of the ownership,

possession, or control of any item

subject to the Regulations that has been

or will be exported from the United

States, including financing or other

support activities related to a

transaction whereby denied person

acquires or attempts to acquire such

ownership, possession or control;

C. Take any action to acquire from or

to facilitate the acquisition or attempted

acquisition from the denied person of

any item subject to the Regulations that

has been exported from the United

States;

D. Obtain from the denied person in

the United States any item subject to the

Regulations with knowledge or reason

to know that the item will be, or is

intended to be, exported from the

United States; or

E. Engage in any transaction to service

any item subject to the Regulations that

has been or will be exported from the

United States and which is owned,

possessed or controlled by the denied

person, or service any item, of whatever

origin, that is owned, possessed or

controlled by the denied person if such

service involves the use of any item

subject to the Regulations that has been

or will be exported from the United

States. For purposes of this paragraph,

servicing means installation,

maintenance, repair, modification or

testing.

III. After notice and opportunity for

comment as provided in Section 766.23

of the Regulations, any person, firm,

corporation, or business organization

related to Ray by affiliation, ownership,

control, or position of responsibility in

the conduct of trade or related services

may also be subject to the provisions of

this Order.

IV. This Order does not prohibit any

export, reexport, or other transaction