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USA V QIN 2018 AntiSubmarine Technology
USA V QIN 2018 AntiSubmarine Technology
Special Agent in Charge, New York, New York. Over the past 10
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U.S.C. § 1705.
the true end-user from the American supplier and causing false
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workers.
the United States for a period of two years. The EB-5 investor
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Although the Export Administration Act of 1979 (“EAA”), as
amended, 50 U.S.C. App. §§ 2401-2420 (1988), expired on August 20,
2001, Executive Order 13222, 66 Fed. Reg. 44025 (August 17, 2001),
which has been extended by successive annual Presidential Notices,
the most recent being that of August 15, 2017, 82 Fed. Reg. 39005,
has continued the EAR in effect under the International Emergency
Economic Powers Act, 50 U.S.C. §§1701-1706.
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promulgates the EAR and maintains the Commerce Control List, which
States. EAR controls are based not only on the nature of the item,
EAR.
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omission of any act required by the EAA, the EAR, or any other,
§764.2(b).
14. The EAR also prohibits any person from engaging in any
conduct that “is contrary to the EAA, the EAR, or any order,
acting “in concert with one or more persons in any manner or for
764.2(d).
15. The EAR further states that “[n]o person may order,
§764.2(e).
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to be filed in AES: (1) the name and address of the U.S. seller,
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(8) the value of the goods being exported in U.S. dollars, which
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interests.
from DOC for all U.S. origin goods except items classified as
EAR99 (that is, items that have only commercial applications and
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licenses have ever been granted to export any U.S. origin goods
to NWPU.
LINKOCEAN in the PRC and has served as its President since that
the PRC and include Chinese research institutes and the PLA
Navy. The PLA Navy is the naval warfare branch of the Chinese
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requested that the UCE provide him quotes for sonobuoys and
AUVs, QIN also instructed the UCE not to tell the U.S.
aware that AUVs are controlled for export to the PRC. Indeed,
the U.S. Supplier to whom QIN instructed the UCE to lie about
an LPR under the EB-5 program in July 2014 when his DS-260,
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you EVER committed any crime for which you were not arrested?”
export laws since 2012 by concealing his true end-user from U.S.
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advised that “he exports” products from the United States into
United States and imports into the PRC instruments for testing
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that the items that QIN failed to disclose to, and concealed
computer). QIN advised the CBP officers that these items were
U.S. export laws and smuggle parts from the United States to the
PRC for NWPU; (3) between in and about July 2015 and December
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Number 6A991; (5) QIN knew that U.S. law required export
to a U.S. company.
of an HSI Special Agent and FBI translator who are both fluent
below.
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August 20, 2015, US Supplier #2 advised QIN via e-mail that the
information about “how the product will be used and how it will
be maintained.”
into PRC from “overseas” if they were to tell the truth about
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things, QIN informed Conspirator #1 that they may need the seal
get it.
stated:
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further advised QIN to send him any edits to the certificate and
to the document.
end user has changed.” I have learned from the DOC that the
export license to ship them to the PRC. Because the actual end-
user for these parts was NWPU, which is designated on the DOC’s
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the United States to the PRC for NWPU (as described in paragraph
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***
x that the products will not be used in military
applications or transferred to any defense agency or
activity outside the United States without an export
license from the United States Department of State;
x that the products are not purchased for use in
nuclear, biological, chemical weapons, or missile
program;
x that we will not transfer, export, or re-export,
directly or indirectly to any party listed by the U.S.
Government or under any applicable law as prohibited
from receiving Products and we are not on, or under
control of anybody on, any such list;
x that we will comply with all applicable laws and
regulations and obtain all required export licenses
whenever we transfer, export, re-export Products
obtained from [US Supplier #2]; . . .
information. Indeed, QIN knew that the end-user NWPU was indeed
on or about December 18, 2015 (that is, the end-user was Xi’an
Overland but US Supplier #2 did not know that Xian Overland was
have confirmed with the DOC that no export license was ever
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CONCLUSION
__________________________
JON BENTSEN
Special Agent, HSI
_____________________________
DONALD L. CABELL
UNITED STATES MAGISTRATE JUDGE
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