[Federal Register Volume 61, Number 85 (Wednesday, May 1, 1996)]
[Notices]
[Pages 19257-19258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10716]



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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Mega Computer Corporation and 
Peng K. Lim and Payling Wang; Order Denying Permission to Related 
Persons To Apply for or Use Export Licenses

    In the matters of: Mega Computer Corporation, 10840 Thornmint 
Road, San Diego, California 92127 and Peng K. Lim, 10840 Thornmint 
Road, San Diego, California 92127 and Payling Wang, 10840 Thronmint 
Road, San Diego, California 92127.

    On August 10, 1994, Charles M. Guernieri, Acting Director, Office 
of Export Licensing, issued an Order denying Mega Computer Corporation 
(Mega Computer) permission to apply for or use any export license until 
March 23, 2002. 59 FR 42804 (August 19, 1994). The Order was based on 
Mega Computer's conviction of violating the Export Administration Act 
of 1979, as amended (50 U.S.C.A. app. Secs. 2401-2420 (1991 & Supp. 
1995)) (the Act).\1\ Section 11(h) of the Act provides that any person 
related, through affiliation, ownership, control, or position of 
responsibility, to a person who has been denied export privileges as a 
result of a conviction for violating the Act, may be denied export 
privileges as well. On June 6, 1995, Peng K. Lim and Payling Wang were 
notified that the Bureau of Export Administration, U.S. Department of 
Commerce, had reason to believe that they were related to Mega Computer 
through affiliation, ownership, control, or position of responsibility. 
They were also advised that, after consulting with the Acting Director, 
Office of Export Enforcement, I intended to deny them permission to 
apply for or use any export license, including any general license, 
because of their relationship to Mega Computer, as provided by the Act 
and Section 770.15(h) of the Export Administration Regulations 
(currently codified at 15 CFR Parts 768-799 (1995)) (the Regulations).
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    \1\ The Act expired on August 20, 1994. Executive Order 12924 (3 
C.F.R., 1994 Comp. 917 (1995)), extended by Presidential Notice on 
August 15, 1995 (60 Fed. Reg. 42767, August 17, 1995), continued the 
Regulations in effect under the International Emergency Economic 
Powers Act (50 U.S.C.A. Secs. 1701-1706 (1991)).
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    The notification also advised Peng K. Lim and Payling Wang of their 
right to request a hearing concerning their relationship to Mega 
Computer within 30 days. Although both Peng K. Lim and Payling Wang 
received notification, neither of them requested a hearing or made any 
written response.
    Therefore, I hereby find that Peng K. Lim and Payling Wang are 
related to Mega Computer, a party denied all U.S. export privileges 
until March 23, 2002, through affiliation, ownership, control, or 
position of responsibility.
    Accordingly, the Order of August 10, 1994 denying Mega Computer 
permission to apply for or use any export license, including any 
general license, is hereby amended as follows:
    It is ordered: I. All outstanding individual validated licenses in 
which Mega Computer or either of the related persons, Peng K. Lim or 
Payling Wang, appears or participates, in any manner or capacity, are 
hereby revoked and shall be returned forthwith to the Office of 
Exporter Services for cancellation. Further, all of Mega Computer's, 
Peng K. Lim's, and Payling Wang's privileges of participating, in any 
manner or capacity, in any special licensing procedure, including, but 
not limited to, distribution licenses, are hereby revoked.
    II. Until March 23, 2002, Mega Computer Corporation, 10840 
Thornmint Road, San Diego, California 92127; Peng K. Lim, 10840 
Thornmint Road, San Diego, California 92127; and Payling Wang, 10840 
Thornmint Road, San Diego, California 92127, hereby are denied all 
privileges of participating, directly or indirectly, in any manner or 
capacity, in any transaction in the United States or abroad involving 
any commodity or technical data exported or to be exported from the 
United States, in whole or in part, and subject to the Regulations. 
Without limiting the generality of the foregoing, participation, either 
in the United States or abroad, shall include participation, directly 
or indirectly, in any manner or capacity: (i) As a party or as a 
representative of a party to any export license application submitted 
to the Department; (ii) in preparing or filing with the Department any 
export license application or request for reexport authorization, or 
any document to be submitted therewith; (iii) in obtaining from the 
Department or using any validated or general export license, reexport 
authorization or other export control document; (iv) in carrying on 
negotiations with respect to, or in receiving, ordering, buying, 
selling, delivering, storing, using, or disposing of, in whole or in 
part, any commodities or technical data exported or to be exported from 
the United States, and subject to the Regulations; and (v) in 
financing, forwarding, transporting, or other servicing of such 
commodities or technical data.
    III. After notice and opportunity for comment as provided in 
Section 770.15(h) of the Regulations, any person, firm, corporation, or 
business organization related to Mega Computer, Peng K. Lim, or Payling 
Wang, 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. As provided in Section 787.12(a) of the Regulations, without 
prior disclosure of the facts to and specific authorization of the 
Office of Export Licensing,\2\ in consultation with the Office of 
Export Enforcement, no person may directly or indirectly, in any manner 
or capacity: (i) Apply for, obtain, or use any license, Shipper's 
Export Declaration, bill of lading, or other export control document 
relating to an export or reexport of commodities or technical data by, 
to, or for another person then subject to an order revoking or denying 
his export privileges or then excluded from practice before the Bureau 
of Export Administration; or (ii) order, buy, receive, use, sell, 
deliver, store, dispose of, forward, transport, finance, or otherwise 
service or participate: (a) in any transaction which may involve any 
commodity or technical data exported or to be exported from the United 
States; (b) in any reexport thereof; or (c) in any other transaction 
which is subject to the Regulations, if the person denied export 
privileges may obtain any benefit or have any interest in, directly or 
indirectly, any of these transactions.
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    \2\ Because of a recent Bureau of Export Administration 
reorganization, this responsibility now rests with the Director, 
Office of Exporter Services.

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[[Page 19258]]

    V. This Order is effective immediately and shall remain in effect 
until March 23, 2002.
    VI. A copy of this Order shall be delivered to Mega Computer and 
each of the related persons, Peng K. Lim and Payling Wang. This Order 
shall be published in the Federal Register.

    Entered this 19th day of April, 1996.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 96-10716 Filed 4-30-96; 8:45 am]
BILLING CODE 3510-DT-M