Jiang

I. FACTUAL & PROCEDURAL BACKGROUND

Jiang came to the United States to establish an export busi- ness. For several years, Jiang ran a small business out of his home in Northern California, primarily exporting computers and electronic products to commercial customers located in China. In 2001, Jiang entered into a contract with Hebei Far East (“Hebei”), to ship four custom-made microwave amplifi- ers to Hebei, which is located in China. After further negotia- tions, the order was subsequently expanded to nine amplifiers.

On March 10, 2002, Jiang received an import permit for the amplifiers from the Chinese government. On March 28, Jiang contracted with Narda DBS Microwave (“Narda”), a Califor- nia company, to produce the nine amplifiers, and on March 31, Jiang filed an export application with the U.S. Department of Commerce. The application identified Hebei, a commercial entity, as the end user. The Department of Commerce believed Hebei was at the same location as an entity known to be affiliated with the Chinese military. Skeptical that the amplifiers were going to be exported for commercial pur- poses, the U.S. Office of Export Enforcement opened a formal investigation into…