Action Affecting Export Privileges; Mohammed Arastafar; Order Relating to Mohammed Arastafar, 37748-37749 [05-12871]

Download as PDF 37748 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Notices The petitions were submitted pursuant to section 251 of the Trade Act of 1974 (19 U.S.C. 2341). Consequently, the United States Department of Commerce has initiated separate investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each firm contributed importantly to total or partial separation of the firm’s workers, or threat thereof, and to a decrease in sales or production of each petitioning firm. Any party having a substantial interest in the proceedings may request a public hearing on the matter. A request for a hearing must be received by Trade Adjustment Assistance, Room 7812, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than the close of business of the tenth calendar day following the publication of this notice. The Catalog of Federal Domestic Assistance official program number and title of the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance. Dated: June 23, 2005. Anthony J. Meyer, Senior Program Analyst, Office of Strategic Initiatives. [FR Doc. 05–12894 Filed 6–29–05; 8:45 am] BILLING CODE 3510–24–P DEPARTMENT OF COMMERCE Bureau of Industry and Security [03–BIS–15] Action Affecting Export Privileges; Mohammed Arastafar; Order Relating to Mohammed Arastafar In the Matter of: Mr. Mohammed Arastafar, Westboschlaan, 151A, 2265 EN Leidschendam, The Netherlands, Respondent. The Bureau of Industry and Security, U.S. Department of Commerce (‘‘BIS’’) having initiated an administrative proceeding against Mohammed Arastafar, pursuant to Section 766.3 of the Export Administration Regulations (currently codified at 15 CFR parts 730– 774 (2005)) (‘‘Regulations’’),1 and Section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401–2420 (2000)) 1 The charged violations occurred in 2002 and 2003. The Regulations governing the violations at issue are found in the 2002 and 2003 versions of the Code of Federal Regulations (15 CFR parts 730– 774 (2002–2003)). The 2005 Regulations establish the procedures that apply to this matter. VerDate jul<14>2003 16:26 Jun 29, 2005 Jkt 205001 (‘‘Act’’),2 by issuing a charging letter to Mohammed Arastafar that alleged that Mohammed Arastafar committed two violations of the Regulation. Specifically, the charges are: 1. One Violation of 15 CFR 764.2(c)— Solicitation of the Unlicensed Export of Items to Iran: From on or about July 15, 2002 to on or about January 28, 2003, Mohammed Arastafar solicited the export of gas processor parts, items subject both to the Regulations (EAR99 3) and the Iranian Transactions Regulations of the Treasury Department’s Office of Foreign Assets Control (‘‘OFAC’’) and located in the United States, to Iran through the Netherlands without the authorization from OFAC required by Section 746.7 of the Regulations. 2. One Violation of 15 CFR 764.2(e)— Acting with Knowledge of a Violation: In connection with the solicitation referenced in paragraph 1 above, Mohammed Arastafar ordered the above-described items with knowledge that a violation of the Regulations was intended to occur in connection with the items. Mohammed Arastafar knew that U.S. government authorization was required for the purported export and would not be obtained. Whereas, BIS and Mohammed Arastafar have entered into a Settlement Agreement pursuant to Section 7661.8(b) of the Regulations whereby they agreed to settle this matter in accordance with the terms and conditions set forth therein; and Whereas, I have approved of the terms of such Settlement Agreement; It is Therefore Ordered: First, that for a period of five years from the date of entry of this Order, Mohammed Arastafar, Westboschlaan, 151A, 2265 EN Leidschendam, The Netherlands, and when acting for or on behalf of Mohammed Arastafar, his representatives, agents, assigns or employees (‘‘Denied Person’’) may not, directly or indirectly, participate in any 2 From August 21, 1994 through November 12, 2000, the Act was in lapse. During that period, the President, through Executive Order 12924, which had been extended by successive Presidential Notices, the last of which was August 3, 2000 (3 CFR, 2000 Comp. 397 (2001)), continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701– 1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the Act was reauthorized and it remained in effect through August 20, 2001. Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13222 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), has continued the Regulations in effect under the IEEPA. 3 The term ‘‘EAR99’’ refers to items subject to the Regulations that are not listed on the Commerce Control List. See 15 CFR 734.3(c). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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 Regulations, or in any other activity subject to the Regulations, 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 Regulations, or in any other activity subject to the Regulations; 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 Regulations, or in any other activity subject to the Regulations. Second, that no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person 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 Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations 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 Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, E:\FR\FM\30JNN1.SGM 30JNN1 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Notices maintenance, repair, modification or testing. Third, that, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any person, firm, corporation, or business organization related to Mohammed Arastafar 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 the Order. Fourth, that this Order does not prohibit any export, reexport, or other transaction subject to the Regulations where the only items involved that are subject to the Regulations are the foreign-produced direct product of U.S.origin technology. Fifth, that a copy of this Order shall be delivered to the United States Coast Guard ALJ Docketing Center, 40 Gay Street, Baltimore, Maryland 21202– 4022, notifying that office that this case is withdrawn from adjudication, as provided by Section 766.18 of the Regulations. Sixth, that the charging letter, the Settlement Agreement, and this Order shall be made available to the public and record of the case as described in Section 766.22 of the Regulations. Seventh, that this Order shall be served on the Denied Person and on BIS, and shall be published in the Federal Register. This Order, which constitutes the final agency action in this matter, is effective immediately. Entered this 23rd day of June 2005. Wendy L. Wysong, Acting Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 05–12871 Filed 6–29–05; 8:45 am] BILLING CODE 3510–OT–M DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of initiation of antidumping and countervailing duty administrative reviews. AGENCY: SUMMARY: The Department of Commerce has received requests to conduct administrative reviews of various 37749 antidumping and countervailing duty orders and findings with May anniversary dates. In accordance with the Department’s regulations, we are initiating those administrative reviews. EFFECTIVE DATE: June 30, 2005. FOR FURTHER INFORMATION CONTACT: Holly A. Kuga, Office of AD/CVD Enforcement, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482–4737. SUPPLEMENTARY INFORMATION: Background The Department has received timely requests, in accordance with 19 CFR 351.213(b) (2002), for administrative reviews of various antidumping and countervailing duty orders and findings with May anniversary dates. Initiation of Reviews: In accordance with 19 CFR 351.221(c)(1)(i), we are initiating administrative reviews of the following antidumping and countervailing duty orders and findings. We intend to issue the final results of these reviews not later than May 31, 2006. Period to be reviewed Antidumping Duty Proceedings Belgium: Stainless Steel Plate in Coils, A–423–808 ............................................................................................................................. Ugine & ALZ Belgium Canada: Certain Softwood Lumber, A–122–838 .................................................................................................................................. 465016 BC Ltd. 582912 BC Ltd. (dba Paragon Wood Products Lumby) Abitibi-Consolidated Company of Canada Abitibi-Consolidated Inc. Abitibi-LP Engineered Wood Inc. AJ Forest Products Ltd. Alberta Spruce Industries Ltd. Alexandre Cote Ltee. Allmac Lumber Sales Ltd. Allmar International Alpa Lumber Mills Inc. Alpine Forest Trading Inc. American Bayridge Corporation Andersen Pacific Forest Ltd. Anderson Pacific Forest Products Apex Forest Products, Inc. Apollo Forest Products Ltd. Aquila Cedar Products Ltd. Arbec Forest Products Inc. Arbutus Manufacturing Limited Armand Duhamel & Fils Inc. Aspen Planers Ltd. Atco Lumber Ltd. Atikokan Forest Products Ltd. Atlantic Warehousing Ltd. Atlas Lumber Alberta Ltd. AWL Forest Products B&L Forest Products Ltd. B.B. Pallets Inc. Bakerview Forest Products Inc. Bardeaux et Cedres St-Honore Inc. VerDate jul<14>2003 16:26 Jun 29, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1 5/1/04–4/30/05 5/1/04–4/30/05

Agencies

[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Notices]
[Pages 37748-37749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12871]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[03-BIS-15]


Action Affecting Export Privileges; Mohammed Arastafar; Order 
Relating to Mohammed Arastafar

    In the Matter of: Mr. Mohammed Arastafar, Westboschlaan, 151A, 2265 
EN Leidschendam, The Netherlands, Respondent.
    The Bureau of Industry and Security, U.S. Department of Commerce 
(``BIS'') having initiated an administrative proceeding against 
Mohammed Arastafar, pursuant to Section 766.3 of the Export 
Administration Regulations (currently codified at 15 CFR parts 730-774 
(2005)) (``Regulations''),\1\ and Section 13(c) of the Export 
Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420 
(2000)) (``Act''),\2\ by issuing a charging letter to Mohammed 
Arastafar that alleged that Mohammed Arastafar committed two violations 
of the Regulation. Specifically, the charges are:
---------------------------------------------------------------------------

    \1\ The charged violations occurred in 2002 and 2003. The 
Regulations governing the violations at issue are found in the 2002 
and 2003 versions of the Code of Federal Regulations (15 CFR parts 
730-774 (2002-2003)). The 2005 Regulations establish the procedures 
that apply to this matter.
    \2\ From August 21, 1994 through November 12, 2000, the Act was 
in lapse. During that period, the President, through Executive Order 
12924, which had been extended by successive Presidential Notices, 
the last of which was August 3, 2000 (3 CFR, 2000 Comp. 397 (2001)), 
continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000)) 
(``IEEPA''). On November 13, 2000, the Act was reauthorized and it 
remained in effect through August 20, 2001. Since August 21, 2001, 
the Act has been in lapse and the President, through Executive Order 
13222 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), has 
continued the Regulations in effect under the IEEPA.
---------------------------------------------------------------------------

    1. One Violation of 15 CFR 764.2(c)--Solicitation of the Unlicensed 
Export of Items to Iran: From on or about July 15, 2002 to on or about 
January 28, 2003, Mohammed Arastafar solicited the export of gas 
processor parts, items subject both to the Regulations (EAR99 \3\) and 
the Iranian Transactions Regulations of the Treasury Department's 
Office of Foreign Assets Control (``OFAC'') and located in the United 
States, to Iran through the Netherlands without the authorization from 
OFAC required by Section 746.7 of the Regulations.
---------------------------------------------------------------------------

    \3\ The term ``EAR99'' refers to items subject to the 
Regulations that are not listed on the Commerce Control List. See 15 
CFR 734.3(c).
---------------------------------------------------------------------------

    2. One Violation of 15 CFR 764.2(e)--Acting with Knowledge of a 
Violation: In connection with the solicitation referenced in paragraph 
1 above, Mohammed Arastafar ordered the above-described items with 
knowledge that a violation of the Regulations was intended to occur in 
connection with the items. Mohammed Arastafar knew that U.S. government 
authorization was required for the purported export and would not be 
obtained.
    Whereas, BIS and Mohammed Arastafar have entered into a Settlement 
Agreement pursuant to Section 7661.8(b) of the Regulations whereby they 
agreed to settle this matter in accordance with the terms and 
conditions set forth therein; and
    Whereas, I have approved of the terms of such Settlement Agreement;
    It is Therefore Ordered:
    First, that for a period of five years from the date of entry of 
this Order, Mohammed Arastafar, Westboschlaan, 151A, 2265 EN 
Leidschendam, The Netherlands, and when acting for or on behalf of 
Mohammed Arastafar, his representatives, agents, assigns or employees 
(``Denied Person'') 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 Regulations, or 
in any other activity subject to the Regulations, 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 Regulations, or in any other 
activity subject to the Regulations; 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 Regulations, or in any other activity subject to the Regulations.
    Second, that no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport to or on behalf of the Denied Person any item 
subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Denied Person of the ownership, possession, or 
control of any item subject to the Regulations that has been or will be 
exported from the United States, including financing or other support 
activities related to a transaction whereby the Denied Person 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 Person of any item subject to 
the Regulations that has been exported from the United States;
    D. Obtain from the Denied Person in the United States any item 
subject to the Regulations 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 
Regulations that has been or will be exported from the United States 
and which is owned, possessed or controlled by the Denied Person, or 
service any item, of whatever origin, that is owned, possessed or 
controlled by the Denied Person if such service involves the use of any 
item subject to the Regulations that has been or will be exported from 
the United States. For purposes of this paragraph, servicing means 
installation,

[[Page 37749]]

maintenance, repair, modification or testing.
    Third, that, after notice and opportunity for comment as provided 
in Section 766.23 of the Regulations, any person, firm, corporation, or 
business organization related to Mohammed Arastafar 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 
the Order.
    Fourth, that this Order does not prohibit any export, reexport, or 
other transaction subject to the Regulations where the only items 
involved that are subject to the Regulations are the foreign-produced 
direct product of U.S.-origin technology.
    Fifth, that a copy of this Order shall be delivered to the United 
States Coast Guard ALJ Docketing Center, 40 Gay Street, Baltimore, 
Maryland 21202-4022, notifying that office that this case is withdrawn 
from adjudication, as provided by Section 766.18 of the Regulations.
    Sixth, that the charging letter, the Settlement Agreement, and this 
Order shall be made available to the public and record of the case as 
described in Section 766.22 of the Regulations.
    Seventh, that this Order shall be served on the Denied Person and 
on BIS, and shall be published in the Federal Register.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.

    Entered this 23rd day of June 2005.
Wendy L. Wysong,
Acting Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 05-12871 Filed 6-29-05; 8:45 am]
BILLING CODE 3510-OT-M