“In the Matter of: Dan Tran Dang, 1010 W. Moore Street, Santa Ana, CA 92707; Order Denying Export Privileges. On April 17, 2012, in the U.S. District Court, Central District of California, Dan Tran Dang (‘Dang’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp. IV 2010)) (‘AECA’). Specifically, Dang was convicted of aiding and abetting and willfully exporting Generation 3 Night Vision Goggles, defense articles listed on the United States Munitions List, from the United States to Vietnam, without first obtaining from the U.S. Department of State a license or written authorization for such export. Dang was sentenced to one day of prison, (credit for time served), followed by three years of supervised release, and fined a special assessment of $500. Dang 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 ‘[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. Sec. 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. Sec. 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 previously issued in which the person had an interest in at the time of his conviction.”

78 FR 16650-51
Published 03-18-2013