“In the Matter of: Kue Sang Chun, currently incarcerated at: Register Number 56727-060, FCI Loretto, Federal Correctional Institution, P.O. Box 1,000, Loretto, PA 15940, and with an address at: 578 Treeside Lane, Avon Lake, OH 44012. On November 10, 2011, in the U.S. District Court, Northern District of Ohio, Kue Sang Chun (‘Chun’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2000)) (‘AECA’). Specifically, Chun was convicted of knowingly exporting and causing the export from the United States to South Korea of Infra Red Focal Plane Array detectors and Infra Red camera engines which are designated as defense articles on the United States Munitions List, without having first obtained from the Department of State a license for such export or written authorization for such export. Chun was sentenced to 14 months in prison followed by two years of supervised release. Chun is also listed on the U.S. Department of State Debarred List. Section 766.25 of the Export Administration Regulations (‘EAR’ or ‘Regulations’) provides, in pertinent part, that ‘the 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 licenses reviously issued in which the person had an interest in at the time of his conviction.”
77 FR 72322-23
Published 12-05-2012
