Action Affecting Export Privileges; Ghashim Group, Inc. d.b.a. KZ Results; Mazen Ghashim; MNC Group International, Inc. d.b.a. Wearform, d.b.a. Sports Zone, d.b.a. Soccer Zone, 17645-17647 [05-6940]
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Federal Register / Vol. 70, No. 66 / Thursday, April 7, 2005 / Notices
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Safety and Inspection Service, 300 12th
Street, SW., Room 102, Cotton Annex,
Washington, DC 20730. All comments
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For Further Information About the
Codex Ad Hoc Intergovernmental Task
Force on Foods Derived From
Biotechnology, Contact: Bernice
Slutsky, Ph.D., Special Assistant to the
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the Secretary, USDA, 1400
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Washington, DC 20250; telephone: (202)
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bernice.slutsky@usda.gov.
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SUPPLEMENTARY INFORMATION:
Background
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and Agriculture Organization (FAO) and
the World Health Organization (WHO).
Codex is the major international
standard-setting organization for
protecting the health and economic
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adoption of food standards, codes of
practice, and other guidelines
developed by its committees, and by
promoting their adoption and
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manage and carry out U.S. Codex
activities.
The Codex Ad Hoc Intergovernmental
Task Force on Foods Derived from
Biotechnology develops standards,
guidelines, and recommendations for
foods derived from modern
biotechnology or for traits introduced
into foods by modern biotechnology.
The standards, guidelines, and
recommendations are developed on the
basis of scientific evidence and risk
analysis, having regard, where
VerDate jul<14>2003
18:22 Apr 06, 2005
Jkt 205001
appropriate, for other legitimate factors
relevant to the health of consumers and
the promotion of fair practices in the
food trade.
Public Meeting
At the April 7, 2005, public meeting,
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pose questions and offer comments on
draft U.S. responses to Codex Circular
Letter CL 2005/2–FBT: proposals for
new work to be undertaken by the
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Biotechnology. Written comments may
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Bernice Slutsky (see addresses). Written
comments should state that they relate
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CL 2005/2–FBT at https://
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Codex_cl05_02e.pdf.
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17645
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Customers can add or delete
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passwords.
Done at Washington, DC, on April 4, 2005.
F. Edward Scarbrough,
U.S. Manager for Codex Alimentarius.
[FR Doc. 05–7012 Filed 4–5–05; 11:36 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Ghashim Group, Inc. d.b.a. KZ Results;
Mazen Ghashim; MNC Group
International, Inc. d.b.a. Wearform,
d.b.a. Sports Zone, d.b.a. Soccer Zone
In the Matter of: Ghashim Group, Inc.,
d.b.a. KZ Results, 3334 Walnut Bend
Lane, Houston, Texas 77042 and Mazen
Ghashim, 10734 Overbrook Lane,
Houston, Texas 77042, Respondents,
and, MNC Group International, Inc.,
d.b.a. Wearform, d.b.a. Sports Zone,
d.b.a. Soccer Zone, 3334 Walnut Bend
Lane, Houston, Texas 77042; Related
Person.
Order Temporarily Denying Export
Privileges
Pursuant to Section 766.24 of the
Export Administration Regulations
(‘‘EAR’’),1 the Bureau of Industry and
Security (‘‘BIS’’), U.S. Department of
Commerce, through its Office of Export
Enforcement (‘‘OEE’’), has requested
that I issue an Order temporarily
denying the export privileges under the
EAR of: Ghashim Group, Inc. doing
business as (‘‘d.b.a.’’) KZ Results, 3334
Walnut Bend Lane, Houston, Texas
77042 (‘‘Ghashim Group’’) and Mazen
Ghashim, 10734 Overbrook Lane,
Houston, Texas 77042 (hereinafter
collectively referred to as the
‘‘Respondents’’); and related person
1 The EAR, which are currently codified at 15
CFR Parts 730–774 (2004), are issued under the
Export Administration Act of 1979, as amended (50
U.S.C. app. 2401–2420) (2000) (the ‘‘Act’’). From
August 21, 1994 through November 12, 2000, the
Act was in lapse. During that period, the President,
through Executive Order 12,924, which had been
extended by successive Presidential Notices, the
last of which was August 3, 2000 (3 CFR, 2000
Comp. 397 (2001)), continued the EAR in effect
under the International Emergency Economic
Powers Act (50 U.S.C. 1701–1707 (2000))
(‘‘IEEPA’’). On November 13, 2000, the Act was
reauthorized and remained in effect through August
20, 2001. Since August 21, 2001, the Act has been
in lapse and the President, through Executive Order
13,222 of August 17, 2001 (3 CFR, 2001 Comp. 783
(2002)), as extended by the Notice of August 6,
2004, (69 FR 48763 (August 10, 2004)), continued
the Regulations in effect under the IEEPA.
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17646
Federal Register / Vol. 70, No. 66 / Thursday, April 7, 2005 / Notices
MNC Group International, Inc. d.b.a.
Wearform, d.b.a. Sports Zone, and d.b.a.
Soccer Zone, 3334 Walnut Bend Lane,
Houston, Texas 77042 (‘‘MNC’’).
In its request, BIS has presented
evidence that shows that the
Respondents conspired to cause items
subject to the EAR to be illegally
exported to Syria directly and via
transshipments through the United Arab
Emirates (‘‘UAE’’) with knowledge that
violations of the EAR would occur, and
that they took actions intended to evade
the EAR.
Specifically, the evidence shows that,
from January 2003 through May 2004
and in November 2004, Respondents
conspired to export computers, items
that are included on the Commerce
Control List and controlled for national
security and anti-terrorism purposes,
from the United States to Syria without
the required BIS export licenses. The
evidence shows that, after learning of
the EAR requirements governing the
export of computers to Syria,
Respondents developed and
implemented a scheme to avoid the
requirements of the EAR by causing
these computers to be exported through
the UAE to Syria. More specifically,
between on or about February 26, 2003
and on or about December 13, 2003,
Ghashim Group exported personal
computers in fourteen shipments from
the United States to Syria without the
required BIS export licenses. The
President of Ghashim Group is Mazen
Ghashim.
After learning in December 2004 that
shipments of computers to Syria require
BIS export licenses, the Respondents
began arranging shipments to Syria
through the UAE. Between on or about
January 7, 2004 and on or about May 21,
2004, Ghashim Group exported
computers in eleven shipments from the
United States to the UAE without BIS
export licenses, knowing that they were
destined for Syria. On or about June 16,
2004 and on or about June 22, 2004,
Ghashim Group attempted to make two
additional shipments through the UAE
to Syria without the required BIS export
licenses, but these shipments were
detained by the U.S. Government.
Thereafter, the evidence shows that,
in November 2004, after the May 14,
2004 implementation of the Syria
Accountability and Lebanese
Sovereignty Restoration Act,2 Mazen
Ghashim and MNC conspired to export
garment samples, items that are subject
to the EAR, from the United States to
2 Pub. L. No. 108–175 (2003); Exec. Order 13,338
of May 11, 2004, 69 FR 26,751 (May 13, 2004); 15
CFR Supplement No. 1 to Part 736, General Order
No. 2(a).
VerDate jul<14>2003
18:22 Apr 06, 2005
Jkt 205001
Syria without the required BIS export
licenses. After May 14, 2004, export of
all products of the United States except
food and medicine to Syria was
prohibited.3
MNC is a Related Person pursuant to
15 CFR § 766.23 because it is owned and
operated by Mazen Ghashim, who is the
President of Ghashim Group. It is also
operated out of the same facilities as
Ghashim Group, and is therefore
affiliated with Mazen Ghashim and
Ghashim Group.
I find the evidence presented by BIS
demonstrates that the Respondents have
conspired to commit acts that violate
the EAR, that such violations have been
deliberate and covert, and that there is
a strong likelihood of future violations,
particularly given the nature of the
transactions and the elaborate steps that
have been taken by Respondents to
avoid detection by the U.S. Government
while knowing that their actions were in
violation of the EAR. As such, a
Temporary Denial Order (‘‘TDO’’) is
needed to give notice to persons and
companies in the United States and
abroad and that they should cease
dealing with the Respondents in export
transactions involving items subject to
the EAR. Such a TDO is consistent with
the public interest to preclude future
violations of the EAR.
Accordingly, I find that a TDO
naming Ghashim Group and Mazen
Ghashim as Respondents, and MNC as
a Related Person is necessary, in the
public interest, to prevent an imminent
violation of the EAR. This Order is
issued on an ex parte basis without a
hearing based upon BIS’s showing of an
imminent violation.
It is therefore ordered:
First, that the Respondents, Ghashim
Group, Inc. d.b.a. KZ Results, 3334
Walnut Bend Lane, Houston, Texas
77042, its successors or assigns, and
when acting for or on behalf of Ghashim
Group, Inc., its officers, representatives,
agents, or employees; Mazen Ghashim,
10734 Overbrook Lane, Houston, Texas
77042, and, when acting for or on behalf
of Mazen Ghashim, his representatives,
agents, assigns or employees; and
Related Person MNC Group
International, Inc. d.b.a. Wearform,
d.b.a. Sports Zone, and d.b.a. Soccer
Zone, 3334 Walnut Bend Lane, Houston,
Texas 77042, its successors or assigns,
and when acting for or on behalf of
MNC Group International, Inc., its
officers, representatives, agents, or
employees (collectively, the ‘‘Denied
Persons’’), may not, directly or
indirectly, participate in any way in any
transaction involving any commodity,
PO 00000
3 Id.
Frm 00003
Fmt 4703
Sfmt 4703
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Export Administration Regulations
(‘‘EAR’’), or in any other activity subject
to the EAR, including, but not limited
to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the EAR, or in any other
activity subject to the EAR; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the EAR, or in any
other activity subject to the EAR.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Persons any item subject
to the EAR;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Persons of the ownership,
possession, or control of any item
subject to the EAR that has been or will
be exported from the United States,
including financing or other support
activities related to a transaction
whereby the Denied Persons acquires or
attempts to acquire such ownership,
possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Persons of
any item subject to the EAR that has
been exported from the United States;
D. Obtain from the Denied Persons in
the United States any item subject to the
EAR with knowledge or reason to know
that the item will be, or is intended to
be, exported from the United States; or
E. Engage in any transaction to service
any item subject to the EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Persons, or service any item, of
whatever origin, that is owned,
possessed or controlled by the Denied
Persons if such service involves the use
of any item subject to the EAR that has
been or will be exported from the
United States. For purposes of this
paragraph, servicing means installation,
maintenance, repair, modification or
testing.
Third, that, after notice and
opportunity for comment as provided in
E:\FR\FM\07APN1.SGM
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Federal Register / Vol. 70, No. 66 / Thursday, April 7, 2005 / Notices
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to any of the
Respondents by affiliation, ownership,
control, or position of responsibility in
the conduct of trade or related services
may also be made subject to the
provisions of this Order.
Fourth, that this Order does not
prohibit any export, reexport, or other
transaction subject to the EAR where the
only items involved that are subject to
the EAR are the foreign-produced direct
product of U.S.-origin technology.
In accordance with the provisions of
Section 766.24(e) and Section 766.23(c)
of the EAR, the Respondents and the
Related Person, respectively, may, at
any time, appeal this Order by filing a
full written statement in support of the
appeal with the Office of the
Administrative Law Judge, U.S. Coast
Guard ALJ Docketing Center, 40 South
Gay Street, Baltimore, Maryland 21202–
4022.
In accordance with the provisions of
Section 766.24(d) and Section 766.23(c)
of the EAR, BIS may seek renewal of
this Order by filing a written request not
later than 20 days before the expiration
date. The Respondents and the Related
Person may oppose a request to renew
this Order by filing a written submission
with the Assistant Secretary for Export
Enforcement, which must be received
not later than seven days before the
expiration date of the Order.
A copy of this Order shall be served
on the Respondents and the Related
Person, and shall be published in the
Federal Register.
This Order is effective upon date of
publication in the Federal Register and
shall remain in effect for 180 days.
Entered this 1st day of April, 2005.
Wendy L. Wysong,
Acting Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. 05–6940 Filed 4–6–05; 8:45 am]
BILLING CODE 3510–OT–M
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18:22 Apr 06, 2005
Jkt 205001
17647
Department may treat a sunset review as
extraordinarily complicated if it is a
International Trade Administration
review of a transition order, as is the
[C–351–504, A–351–503, A–122–503, A–570– case in these proceedings. The
Department has determined, pursuant to
502, A–821–801, A–823–801, A–570–001]
section 751(c)(5)(C)(v) of the Act, that
Iron Construction Castings From
the sunset reviews of the antidumping
Brazil, Canada, and China; Solid Urea
duty orders on Iron Construction
From Russia and Ukraine, and
Casting from Brazil, Canada, and China,
Potassium Permanganate From China: Solid Urea from Russia and Ukraine,
Extension of Time Limit for the Final
Potassium Permanganate from China,
Results of Sunset Reviews of
and the countervailing duty order on
Antidumping and Countervailing Duty
Iron Construction Castings from Brazil,
Orders
are extraordinarily complicated and
require additional time for the
AGENCY: Import Administration,
Department to complete its analysis.
International Trade Administration,
Therefore, the Department will extend
Department of Commerce.
the deadlines in these proceedings and,
DATES: Effective Date: April 7, 2005.
as a result, intends to issue the final
FOR FURTHER INFORMATION CONTACT:
results of the sunset reviews on Iron
Martha Douthit at 202–482–5050, or
Constructions Casting from Brazil,
Hilary Sadler, Esq. at 202–482–4340,
Canada, and China, Solid Urea from
Import Administration, International
Russia, and Ukraine, and Potassium
Trade Administration, U.S. Department
Permanganate from China, on or about
of Commerce, 14th Street & Constitution Monday, May 2, 2005, 90 days from the
Avenue, NW., Washington, DC 20230.
original scheduled date of final results
of review. This notice is issued and
Background
published in accordance with sections
On October 1, 2004, the Department
751(c)(5)(B) and 751(c)(5)(C)(v) of the
initiated sunset reviews of the
Act.
antidumping orders on Iron
Dated: March 31, 2005.
Construction Castings from Brazil,
Canada, and China; Solid Urea from
Barbara E. Tillman,
Russia and Ukraine, and Potassium
Acting Deputy Assistant Secretary for Import
Permanganate from China, and the
Administration.
countervailing duty order on Iron
[FR Doc. E5–1610 Filed 4–6–05; 8:45 am]
Construction Casting from Brazil. Based BILLING CODE 3510–DS–P
on adequate responses from the
domestic interested parties and
inadequate responses from respondent
DEPARTMENT OF COMMERCE
interested parties, the Department of
International Trade Administration
Commerce (‘‘the Department’’) is
conducting expedited sunset reviews of [A–351–602, A–588–602, A–570–814, A–583–
the antidumping duty orders on Iron
605, A–549–807, A–475–703, A–588–707]
Construction Castings from Brazil,
Carbon Steel Butt-Weld Pipe Fittings
Canada, and China, Solid Urea from
From Brazil, Japan, the People’s
Russia and Ukraine, and Potassium
Republic of China, Taiwan, and
Permanganate from China, and the
Thailand, and Granular
countervailing duty on Iron
Polytetrafluoroethylene Resin From
Construction Castings from Brazil. The
Italy and Japan: Extension of Time
Department’s final results of these
Limit for the Final Results of Sunset
sunset reviews were originally
Reviews of Antidumping Duty Orders
scheduled for January 31, 2005. On
December 17, 2004, the Department
AGENCY: Import Administration,
extended the final results of these
International Trade Administration,
reviews until March 31, 2005.
U.S. Department of Commerce.
Extension of Time Limit for Final
DATES: Effective Date: April 7, 2005.
Results of Reviews
FOR FURTHER INFORMATION CONTACT:
In accordance with section
Martha Douthit at 202–482–5050, or
751(c)(5)(B) of the Tariff Act of 1930, as
Hilary Sadler, Esq. at 202–482–4340,
amended (‘‘the Act’’), the U.S.
Import Administration, International
Department of Commerce (‘‘the
Trade Administration, U.S. Department
Department’’) may extend the period of
of Commerce, 14th Street & Constitution
time for making its final determination
Avenue, NW., Washington, DC 20230.
in a sunset review by not more than 90
Background
days if it determines that the review is
extraordinarily complicated. As set forth
On December 1, 2004, the Department
in 751(c)(5)(C)(v) of the Act, the
initiated sunset reviews of the
DEPARTMENT OF COMMERCE
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
E:\FR\FM\07APN1.SGM
07APN1
Agencies
[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Notices]
[Pages 17645-17647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6940]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Ghashim Group, Inc. d.b.a. KZ
Results; Mazen Ghashim; MNC Group International, Inc. d.b.a. Wearform,
d.b.a. Sports Zone, d.b.a. Soccer Zone
In the Matter of: Ghashim Group, Inc., d.b.a. KZ Results, 3334
Walnut Bend Lane, Houston, Texas 77042 and Mazen Ghashim, 10734
Overbrook Lane, Houston, Texas 77042, Respondents, and, MNC Group
International, Inc., d.b.a. Wearform, d.b.a. Sports Zone, d.b.a. Soccer
Zone, 3334 Walnut Bend Lane, Houston, Texas 77042; Related Person.
Order Temporarily Denying Export Privileges
Pursuant to Section 766.24 of the Export Administration Regulations
(``EAR''),\1\ the Bureau of Industry and Security (``BIS''), U.S.
Department of Commerce, through its Office of Export Enforcement
(``OEE''), has requested that I issue an Order temporarily denying the
export privileges under the EAR of: Ghashim Group, Inc. doing business
as (``d.b.a.'') KZ Results, 3334 Walnut Bend Lane, Houston, Texas 77042
(``Ghashim Group'') and Mazen Ghashim, 10734 Overbrook Lane, Houston,
Texas 77042 (hereinafter collectively referred to as the
``Respondents''); and related person
[[Page 17646]]
MNC Group International, Inc. d.b.a. Wearform, d.b.a. Sports Zone, and
d.b.a. Soccer Zone, 3334 Walnut Bend Lane, Houston, Texas 77042
(``MNC'').
---------------------------------------------------------------------------
\1\ The EAR, which are currently codified at 15 CFR Parts 730-
774 (2004), are issued under the Export Administration Act of 1979,
as amended (50 U.S.C. app. 2401-2420) (2000) (the ``Act''). From
August 21, 1994 through November 12, 2000, the Act was in lapse.
During that period, the President, through Executive Order 12,924,
which had been extended by successive Presidential Notices, the last
of which was August 3, 2000 (3 CFR, 2000 Comp. 397 (2001)),
continued the EAR in effect under the International Emergency
Economic Powers Act (50 U.S.C. 1701-1707 (2000)) (``IEEPA''). On
November 13, 2000, the Act was reauthorized and remained in effect
through August 20, 2001. Since August 21, 2001, the Act has been in
lapse and the President, through Executive Order 13,222 of August
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), as extended by the Notice
of August 6, 2004, (69 FR 48763 (August 10, 2004)), continued the
Regulations in effect under the IEEPA.
---------------------------------------------------------------------------
In its request, BIS has presented evidence that shows that the
Respondents conspired to cause items subject to the EAR to be illegally
exported to Syria directly and via transshipments through the United
Arab Emirates (``UAE'') with knowledge that violations of the EAR would
occur, and that they took actions intended to evade the EAR.
Specifically, the evidence shows that, from January 2003 through
May 2004 and in November 2004, Respondents conspired to export
computers, items that are included on the Commerce Control List and
controlled for national security and anti-terrorism purposes, from the
United States to Syria without the required BIS export licenses. The
evidence shows that, after learning of the EAR requirements governing
the export of computers to Syria, Respondents developed and implemented
a scheme to avoid the requirements of the EAR by causing these
computers to be exported through the UAE to Syria. More specifically,
between on or about February 26, 2003 and on or about December 13,
2003, Ghashim Group exported personal computers in fourteen shipments
from the United States to Syria without the required BIS export
licenses. The President of Ghashim Group is Mazen Ghashim.
After learning in December 2004 that shipments of computers to
Syria require BIS export licenses, the Respondents began arranging
shipments to Syria through the UAE. Between on or about January 7, 2004
and on or about May 21, 2004, Ghashim Group exported computers in
eleven shipments from the United States to the UAE without BIS export
licenses, knowing that they were destined for Syria. On or about June
16, 2004 and on or about June 22, 2004, Ghashim Group attempted to make
two additional shipments through the UAE to Syria without the required
BIS export licenses, but these shipments were detained by the U.S.
Government.
Thereafter, the evidence shows that, in November 2004, after the
May 14, 2004 implementation of the Syria Accountability and Lebanese
Sovereignty Restoration Act,\2\ Mazen Ghashim and MNC conspired to
export garment samples, items that are subject to the EAR, from the
United States to Syria without the required BIS export licenses. After
May 14, 2004, export of all products of the United States except food
and medicine to Syria was prohibited.\3\
---------------------------------------------------------------------------
\2\ Pub. L. No. 108-175 (2003); Exec. Order 13,338 of May 11,
2004, 69 FR 26,751 (May 13, 2004); 15 CFR Supplement No. 1 to Part
736, General Order No. 2(a).
\3\ Id.
---------------------------------------------------------------------------
MNC is a Related Person pursuant to 15 CFR Sec. 766.23 because it
is owned and operated by Mazen Ghashim, who is the President of Ghashim
Group. It is also operated out of the same facilities as Ghashim Group,
and is therefore affiliated with Mazen Ghashim and Ghashim Group.
I find the evidence presented by BIS demonstrates that the
Respondents have conspired to commit acts that violate the EAR, that
such violations have been deliberate and covert, and that there is a
strong likelihood of future violations, particularly given the nature
of the transactions and the elaborate steps that have been taken by
Respondents to avoid detection by the U.S. Government while knowing
that their actions were in violation of the EAR. As such, a Temporary
Denial Order (``TDO'') is needed to give notice to persons and
companies in the United States and abroad and that they should cease
dealing with the Respondents in export transactions involving items
subject to the EAR. Such a TDO is consistent with the public interest
to preclude future violations of the EAR.
Accordingly, I find that a TDO naming Ghashim Group and Mazen
Ghashim as Respondents, and MNC as a Related Person is necessary, in
the public interest, to prevent an imminent violation of the EAR. This
Order is issued on an ex parte basis without a hearing based upon BIS's
showing of an imminent violation.
It is therefore ordered:
First, that the Respondents, Ghashim Group, Inc. d.b.a. KZ Results,
3334 Walnut Bend Lane, Houston, Texas 77042, its successors or assigns,
and when acting for or on behalf of Ghashim Group, Inc., its officers,
representatives, agents, or employees; Mazen Ghashim, 10734 Overbrook
Lane, Houston, Texas 77042, and, when acting for or on behalf of Mazen
Ghashim, his representatives, agents, assigns or employees; and Related
Person MNC Group International, Inc. d.b.a. Wearform, d.b.a. Sports
Zone, and d.b.a. Soccer Zone, 3334 Walnut Bend Lane, Houston, Texas
77042, its successors or assigns, and when acting for or on behalf of
MNC Group International, Inc., its officers, representatives, agents,
or employees (collectively, the ``Denied Persons''), may not, directly
or indirectly, participate in any way in any transaction involving any
commodity, software or technology (hereinafter collectively referred to
as ``item'') exported or to be exported from the United States that is
subject to the Export Administration Regulations (``EAR''), or in any
other activity subject to the EAR, including, but not limited to:
A. Applying for, obtaining, or using any license, License
Exception, or export control document;
B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the EAR, or in any other activity
subject to the EAR; or
C. Benefitting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the EAR, or in any other activity subject to the EAR.
Second, that no person may, directly or indirectly, do any of the
following:
A. Export or reexport to or on behalf of the Denied Persons any
item subject to the EAR;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Denied Persons of the ownership, possession, or
control of any item subject to the EAR that has been or will be
exported from the United States, including financing or other support
activities related to a transaction whereby the Denied Persons acquires
or attempts to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the Denied Persons of any item subject to
the EAR that has been exported from the United States;
D. Obtain from the Denied Persons in the United States any item
subject to the EAR with knowledge or reason to know that the item will
be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the EAR
that has been or will be exported from the United States and which is
owned, possessed or controlled by the Denied Persons, or service any
item, of whatever origin, that is owned, possessed or controlled by the
Denied Persons if such service involves the use of any item subject to
the EAR that has been or will be exported from the United States. For
purposes of this paragraph, servicing means installation, maintenance,
repair, modification or testing.
Third, that, after notice and opportunity for comment as provided
in
[[Page 17647]]
section 766.23 of the EAR, any other person, firm, corporation, or
business organization related to any of the Respondents by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services may also be made subject to the provisions of
this Order.
Fourth, that this Order does not prohibit any export, reexport, or
other transaction subject to the EAR where the only items involved that
are subject to the EAR are the foreign-produced direct product of U.S.-
origin technology.
In accordance with the provisions of Section 766.24(e) and Section
766.23(c) of the EAR, the Respondents and the Related Person,
respectively, may, at any time, appeal this Order by filing a full
written statement in support of the appeal with the Office of the
Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40
South Gay Street, Baltimore, Maryland 21202-4022.
In accordance with the provisions of Section 766.24(d) and Section
766.23(c) of the EAR, BIS may seek renewal of this Order by filing a
written request not later than 20 days before the expiration date. The
Respondents and the Related Person may oppose a request to renew this
Order by filing a written submission with the Assistant Secretary for
Export Enforcement, which must be received not later than seven days
before the expiration date of the Order.
A copy of this Order shall be served on the Respondents and the
Related Person, and shall be published in the Federal Register.
This Order is effective upon date of publication in the Federal
Register and shall remain in effect for 180 days.
Entered this 1st day of April, 2005.
Wendy L. Wysong,
Acting Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 05-6940 Filed 4-6-05; 8:45 am]
BILLING CODE 3510-OT-M