國際新聞

有關台灣人在關島被捕案件

1.何類型之零組件乃美國禁止出口伊朗?
2.該INFOR我國相關貿易單位是否有讓廠商查悉?
3.未來如何預防?
4.如零件沒入境美國,如何建立案件審判權?
5.依據外國新聞,陳某似未獲得辯護人協助.
6.依據外電消息,陳某的EMAIL乃是經過南佛羅里達的法官核發搜索票而取得, 因此,搜索票可以執行境外搜索?
7.本件相關法源為何,依據新聞資料似為反恐有關法案 (USA PATRIOT Act (H.R. 3162) )



相關新聞:
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走私軍用零件至伊朗 台灣人在關島被捕
2010-02-06
資料來源: 中國時報
【鍾玉玨／綜合五日外電報導】
美國佛羅里達州聯邦檢察官表示，涉嫌走私美製軍用零件至伊朗的台灣男子陳宜蘭（Yi-Lan Chen，音）四日在關島被捕。
陳宜蘭被控走私飛彈零組件和可能有助伊朗研製無人駕駛軍機的引擎，如遭定罪，可能面臨廿年徒刑，另科一百萬美元罰鍰。.....昨天在太平洋的美國屬地關島被聯邦臥底人員設局拘捕。他先是放棄引渡，日後將押往邁阿密，接受當地司法審判。
　檢方表示，陳宜蘭自二○○七年開始，透過電郵接單，至少非法出貨了卅次至伊朗。這些貨多半是軍民兩用的科技產品，先出口至台灣或香港，再轉運至伊朗。
　邁阿密的聯邦檢察官史洛曼（Jeffrey Sloman）說：「本案中疑遭出口的雙用途產品可輕易用於研發飛彈，或作為其他的軍用零件，這種作法對我國的國家安全構成嚴重威脅。」
　檢方說，陳宜蘭被控輸往伊朗的產品包括兩具Ｐ２００渦輪引擎和備用零件，可用於模型飛機，但也能用於軍用無人駕駛飛機。
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FROM:THE BUFFALO NEWS
Taiwanese man charged in US with Iran exports
By CURT ANDERSON
AP Legal Affairs Writer
Updated: February 04, 2010, 4:45 pm /
Published: February 04, 2010, 4:40 pm
A Taiwanese man has been arrested on charges of exporting a series of prohibited items to Iran, including missile components and engines that can be used in unmanned military drones, federal prosecutors said Thursday.

Yi-Lan Chen, 40, arranged at least 30 banned shipments to Iran since 2007, according to an affidavit by a U.S. Commerce Department enforcement agent. Most involved "dual use" items that have both commercial and military applications.

"The dual use items allegedly exported in this case could easily be used in missile development and other military components," said acting U.S. Attorney Jeffrey Sloman.

Arrested this week in Guam, Chen waived extradition at a hearing Thursday and will be flown to Miami to face trial, prosecutors said. Court records did not show an attorney yet for Chen, who runs a company in Taiwan called Landstar Tech. ..........According to the complaint, investigators learned of Chen's activities after he tried to arrange for the export of 2,000 detonators through an unnamed California company. Search warrants were obtained for Chen's email accounts from South Florida judges.

The emails revealed that Chen had shipped two P200 Turbine engines and spare parts to Iran via Hong Kong in 2007, labeling them on an invoice as "a starter for a car and wheels." The engines can be used in model aircraft but also for military drones.

Other emails described deals for seals, sealing compounds, military-grade electrical connectors and other prohibited items, according to the affidavit.

The case involved a federal undercover agent who posed as a supplier for the electrical connectors, who described in emails with Chen how he was able to get around U.S. rules regarding the embargo against Iran. Chen mentioned at one point in a December 2009 email that he didn't want to try to obtain big-ticket items.

"What we want is to do the business by means of safe and low profile then nobody gets hurt," Chen wrote, according to the affidavit.

Chen was arrested after arranging to meet with the undercover agent in Guam on Wednesday. ...
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FROM: Radio Free Europe
http://www.rferl.org/content/US_Charges_Taiwan_Citizen_Over_Iran_Exports/1949100.html:
U.S. Charges Taiwan Citizen Over Iran Exports
February 04, 2010
MIAMI (Reuters) -- U.S. federal agents have arrested a Taiwan passport holder on charges of illegally exporting commodities for Iran's missile program in violation of U.S. sanctions, authorities in south Florida said.Yi-Lan Chen, 40, was arrested on February 3 in the U.S. Pacific territory of Guam on a warrant from the Southern District of Florida, the district's U.S. attorney said.The complaint charges that Chen, in violation of the U.S. embargo against Iran, facilitated the purchase and export of various dual-use goods from the United States to Iran by way of Taiwan and Hong Kong.Those goods included turbine engines and spare parts, sealing compound, glass-to-metal pin seals and circular hermetic connectors that could be used in Iran's military and aerospace industries, the U.S. complaint said."Iran has been designated a state sponsor of terrorism and remains subject to United States, United Nations and European Union economic sanctions and export controls because of its continued involvement in terrorism and its nuclear weapons ambitions," U.S. Attorney for the Southern District of Florida Jeffrey Sloman said in a statement."The dual use items allegedly exported in this case could easily be used in missile development and other military components. Such conduct poses a serious threat to our national security," he added.U.S. authorities said the investigation revealed that Chen's ultimate customers for the dual-use exports listed in the complaint were all in Iran.If convicted, Chen faces a sentence of up to 20 years' imprisonment and possible fines of up to $1 million.