78394 Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Notices 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2014). The Regulations issued pursuant to the 

Export Administration Act (50 U.S.C. app. §§ 2401– 

2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the 

EAA has been in lapse and the President, through 

Executive Order 13222 of August 17, 2001 (3 CFR, 

2001 Comp. 783 (2002)), which has been extended 

by successive Presidential Notices, the most recent 

being that of August 7, 2014 (79 FR 46959 (August 

11, 2014)), has continued the Regulations in effect 

under IEEPA. 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Order Denying Export Privileges 

In the Matter of: Zhifu Lin, Inmate 

Number: 08295–087, CI Moshannon Valley, 

555 Geo Drive, Philipsburg, PA 16866 

On November 15, 2013, in the U.S. 

District Court for the Eastern District of 

New York, Zhifu Lin (‘‘Lin’’) was 

convicted of violating Section 38 of the 

Arms Export Control Act (22 U.S.C. 

2778 (2012)). Specifically, Lin 

knowingly and willfully exported from 

the United States to China firearms and 

firearms barrels, including a Beretta 

9mm semi-automatic handgun, which 

were designated as defense articles on 

the United States Munitions List, 

without first obtaining the required 

license or written approval from the 

State Department. Lin was sentenced 

108 months of imprisonment, three 

years of supervised release, and fined a 

$200 assessment. 

Section 766.25 of the Export 

Administration Regulations (‘‘EAR’’ or 

‘‘Regulations’’) 1 provides, in pertinent 

part, that ‘‘[t]he Director of the Office of 

Exporter Services, in consultation with 

the Director of the Office of Export 

Enforcement, may deny the export 

privileges of any person who has been 

convicted of a violation of the Export 

Administration Act (‘‘EAA’’), the EAR, 

or any order, license or authorization 

issued thereunder; any regulation, 

license, or order issued under the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706); 18 

U.S.C. 793, 794 or 798; section 4(b) of 

the Internal Security Act of 1950 (50 

U.S.C. 783(b)), or section 38 of the Arms 

Export Control Act (22 U.S.C. 2778).’’ 15 

CFR 766.25(a); see also Section 11(h) of 

the EAA, 50 U.S.C. app. 2410(h). The 

denial of export privileges under this 

provision may be for a period of up to 

10 years from the date of the conviction. 

15 CFR 766.25(d); see also 50 U.S.C. 

app. § 2410(h). In addition, Section 

750.8 of the Regulations states that the 

Bureau of Industry and Security’s Office 

of Exporter Services may revoke any 

Bureau of Industry and Security (‘‘BIS’’) 

licenses previously issued in which the 

person had an interest in at the time of 

his conviction. 

BIS has received notice of Lin’s 

conviction for violating AECA, and in 

accordance with Section 766.25 of the 

Regulations, BIS has provided notice 

and an opportunity for Lin to make a 

written submission to BIS. BIS has not 

received a submission from Lin. 

Based upon my review and 

consultations with BIS’s Office of 

Export Enforcement, including its 

Director, and the facts available to BIS, 

I have decided to deny Lin’s export 

privileges under the Regulations for a 

period of 10 years from the date of Lin’s 

conviction. I have also decided to 

revoke all licenses issued pursuant to 

the Act or Regulations in which Lin had 

an interest at the time of his conviction. 

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

November 15, 2023, Zhifu Lin, with a 

last known address of Inmate Number: 

08295–087, CI Moshannon Valley, 555 

Geo Drive, Philipsburg, PA 16866, and 

when acting for or on his behalf, his 

successors, assigns, employees, agents 

or representatives (the ‘‘Denied 

Person’’), 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, 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. Benefitting 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. 

Second, no person may, directly or 

indirectly, do 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 

the 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 the 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. 

Third, after notice and opportunity for 

comment as provided in Section 766.23 

of the Regulations, any other person, 

firm, corporation, or business 

organization related to Lin by 

ownership, control, position of 

responsibility, affiliation, or other 

connection in the conduct of trade or 

business may also be made subject to 

the provisions of this Order in order to 

prevent evasion of this Order. 

Fourth, in accordance with Part 756 of 

the Regulations, Lin may file an appeal 

of this Order with the Under Secretary 

of Commerce for Industry and Security. 

The appeal must be filed within 45 days 

from the date of this Order and must 

comply with the provisions of Part 756 

of the Regulations. 

Fifth, a copy of this Order shall be 

delivered to the Lin. This Order shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until November 15, 2023. 

Issued this 22nd day of December 2014. 

Karen H. Nies-Vogel, 

Director, Office of Exporter Services . 

[FR Doc. 2014–30600 Filed 12–29–14; 8:45 am] 

BILLING CODE P 

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