Action Affecting Export Privileges; Ghashim Group, Inc. and Mazen Ghashim and Related Person MNC Group International, Inc.; In the Matter of: Mazen Ghashim, 3334 Walnut Bend Lane, Houston, TX 77042, Respondent; Order Relating to Mazen Ghashim and Related Person MNC Group International, Inc. d.b.a. Wear form d.b.a. Sports Zone d.b.a. Soccer Zone, 55161-55163 [06-7877]
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Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Notices
maintained by USDA, AMS, Fruit and
Vegetable Programs.
AMS is considering revisions to the
voluntary United States Standards for
Grades of Pineapples using procedures
that appear in Part 36, Title 7 of the
Code of Federal Regulations (7 CFR part
36). These standards were last revised
on July 5, 1990.
Background
AMS has been reviewing the Fresh
Fruit and Vegetable grade standards for
usefulness in serving the industry. AMS
has identified the United States
Standards for Grades of Pineapples for
possible revision. Prior to undertaking
detailed work to develop the proposed
revisions to the standards, AMS is
soliciting comments on the proposed
revisions, to the United States Standards
for Grades of Pineapples that may be
necessary to better serve the industry.
AMS is proposing to revise the
tolerances by replacing Table I Shipping
Point and Table II En Route or at
Destination with numerical tolerances.
These tables utilize acceptance numbers
of fruit with maximum numbers of
defective permitted. These changes
would simplify the inspection process
and bring the pineapple standard in line
with other standards which use
numerical tolerances for defects.
This notice provides for a 60-day
comment period for interested parties to
comment on the proposed changes to
the United States Standards for Grades
of Pineapples. Should AMS conclude
that revisions are needed, it will
develop a proposed revised standard
that will be published in the Federal
Register with a request for comments in
accordance with 7 CFR part 36.
Authority: 7 U.S.C. 1621–1627.
Dated: September 14, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 06–7820 Filed 9–20–06; 8:45 am]
BILLING CODE 3410–02–P
Federal Advisory Committee Act (Pub.
L. 92–463) and under the Secure Rural
Schools and Community SelfDetermination Act of 2000 (Pub. L. 106–
393). The meeting is open to the public.
The meeting will be held on
September 26, 2006, 6:30 p.m.
The meeting will be held at
the Bitterroot National Forest,
Supervisor Office, 1801 N. First,
Hamilton, Montana. Send written
comments to Daniel G. Ritter, District
Ranger, Stevensville Ranger District, 88
Main Street, Stevensville, MT 59870, by
facsimile (406) 777–7423, or
electronically to dritter@fs.fed.us.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Daniel G. Ritter, Stevensville District
Ranger and Designated Federal Officer,
Phone: (406) 777–5461.
Dated: September 15, 2006.
David T. Bull,
Forest Supervisor.
[FR Doc. 06–7878 Filed 9–20–06; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Lincoln County Resource
Advisory Committee Meeting
AGENCY:
ACTION:
SUMMARY: Pursuant to the authorities in
the Federal Advisory Committee Act
(Pub. L. 92–463) and under the Secure
Rural Schools and Community SelfDetermination Act of 2000 (Pub. L. 106–
393) the Kootenai National Forest’s
Lincoln County Resource Advisory
Committee will meet on Monday
September 25, 2006 at 6 p.m. at the
Forest Supervisor’s Office in Libby,
Montana for a business meeting. The
meeting is open to the public.
Barbara Edgmon, Committee
Coordinator, Kootenai National Forest at
(406) 283–7764, or e-mail
bedgmon@fs.fed.us.
Forest Service, USDA.
Notice of meeting.
jlentini on PROD1PC65 with NOTICES
Jkt 208001
Agenda
topics include selection of alternate
project proposals, and receiving public
comment. If the meeting date or location
is changed, notice will be posted in the
local newspapers, including the Daily
Interlake based in Kalispell, Montana.
SUPPLEMENTARY INFORMATION:
The Ravalli County Resource
Advisory Committee will be meeting to
assign monitors on 2006 projects and
hold a short public forum (question and
answer session). The meeting is being
held pursuant to the authorities in the
SUMMARY:
16:30 Sep 20, 2006
September 25, 2006.
FOR FURTHER INFORMATION CONTACT:
AGENCY:
VerDate Aug<31>2005
Notice of meeting.
Forest Supervisor’s Office,
1101 US Hwy 2 West, Libby, Montana
Ravalli County Resource Advisory
Committee
ACTION:
Forest Service, USDA.
ADDRESSES:
Forest Service
Dated: September 15, 2006.
Paul Bradford,
Forest Supervisor.
[FR Doc. 06–7879 Filed 9–20–06; 8:45 am]
BILLING CODE 3410–11–M
DATES:
DATES:
DEPARTMENT OF AGRICULTURE
55161
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Ghashim Group, Inc. and Mazen
Ghashim and Related Person MNC
Group International, Inc.; In the Matter
of: Mazen Ghashim, 3334 Walnut Bend
Lane, Houston, TX 77042, Respondent;
Order Relating to Mazen Ghashim and
Related Person MNC Group
International, Inc. d.b.a. Wear form
d.b.a. Sports Zone d.b.a. Soccer Zone
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’)
has notified Mazen Ghashim
(‘‘Ghashim’’), of its intention to initiate
an administrative proceeding against
him pursuant to Section 766.3 of the
Export Administration Regulations
(currently codified at 15 CFR Parts 730–
774 (2006)) (the ‘‘Regulations’’),1 and
Section 13(c) of the Export
Administration Act of 1979, as amended
(50 U.S.C. app. 2401–2420 (2000)) (the
‘‘Act’’),2 through the issuance of a
proposed charging letter to Ghashim
that alleged that Ghashim committed 99
violations of the Regulations.
Specifically, the charges are:
Charge—15 CFR 764.2(d)—Conspiracy To
Export Items From the United State to Syria
Without the Required License
Beginning in or about February 2003 and
continuing through in or about June 2004,
Ghashim conspired and acted in concert with
others known and unknown, to violate the
Regulations and to bring acts constituting
violations of the Regulations. The purpose of
the conspiracy was to export computers from
the United States to Syria directly and by
transshipment through the United Arab
Emirates (‘‘U.A.E.’’). The computers were
items subject to the Regulations and
classified under Export Control Classification
1 The charged violations occurred during 2003
and 2004. The Regulations governing the violations
at issue are found in the 2003 and 2004 versions
of the Code of Federal Regulations (15 CFR Parts
740–774 (2003–2004)). The 2006 Regulations
established the procedures that apply to this matter.
2 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 successive Presidential Notices, the
most recent being that of August 3, 2006 (71 FR
44,551 (Aug. 7, 2006)), has continued the
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701–
1706 (2000)) (‘‘UEEOA’’). The Act and the
Regulations are available on the Government
Printing Office Web site at: https://
www.access.gpo.gov/bis/.
E:\FR\FM\21SEN1.SGM
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55162
Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Notices
Number (‘‘ECCN’’) 4A003 ECCN 4A994. As
set forth in Section 742.9 of the Regulations,
a Department of Commerce export license
was required before the computers could be
exported to Syria. To accomplish the
conspiracy, the conspirators, including
Ghashim, participated in a scheme to have
Ghashim purchase the computers from U.S.
distributors and manufacturers and to have
Ghashim export of the items to Syria directly
or by transshipment through the U.A.E.
without a Department of Commerce export
licenses. In so doing, Ghashim committed
one violation of Section 764.2(d) of the
Regulations.
Charges 2–15—15 CFR 764,2(a)—Engaging in
Prohibited Conduct by Exporting Computers
to Syria Without the Required License
On 14 occasions, between on or about
February 26, 2003 and on or about December
13, 2003, Ghashim engaged in conduct
prohibited by the Regulations by exporting
over 300 computers subject to the
Regulations and classified under ECCN
4A994 and one computer subject to the
Regulations and classified under ECCN
4A003 to Syria without the Department of
Commerce licenses required by Section 742.9
of the Regulations. In so doing, Ghashim
committed 14 violations of Section 764.2(a)
of the Regulations.
Charges 16–26—15 CFR 764.2(a)—Engaging
in Prohibited Conduct by Exporting
Computers to Syria Through the United
Arab Emirates Without the Required License
On 11 occasions, between on or about
January 7 2004 and May 21, 2004, Ghashim
engaged in conduct prohibited by the
Regulations by exporting over 400 computers
subject to the Regulations and classified
under ECCN 4A994 to Syria without the
Department of Commerce license required by
Section 742.9 of the Regulations.
Specifically, Ghashim transshipped these
computers to Syria through a shipping
consolidator and forwarder in the U.A.E. In
so doing, Ghashim committed 11 violations
of Section 764.2(a) of the Regulations.
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Charges 27–37—15 CFR 764.2(e)—Acting
With Knowledge of a Violation
On 11 occasions, between on or about
January 7, 2004 and May 21, 2004, in
connection with the transactions described in
Charges 16–26, above, Ghashim sold,
transferred or forwarded computers to Syria
by transshipment through the U.A.E. with
knowledge that violations of the Regulations
were occurring. Ghashim had knowledge that
violations were occurring because Ghashim
had been advised by the U.S. Government
and his computer suppliers that licenses
were required to export or transship these
items to Syria, and Ghashim had license
applications pending with BIS for exports to
Syria of similarly controlled items. In selling,
transferring or forwarding these computers
with knowledge that violations were
occurring, Ghashim committed 11 violations
of Section 764.2(e) of the Regulations.
VerDate Aug<31>2005
16:30 Sep 20, 2006
Jkt 208001
Charges 38–39—15 CFR 764.2(c)—
Attempting To Violate the Regulations by
Exporting Computers to Syria Through the
United Arab Emirates Without the Required
License
On two occasions, on or about June 16,
2004 and on or about June 22, 2004, Ghashim
attempted to violate the Regulations by
attempting to export over 10 computers
subject to the Regulations and classified
under ECCN 4A994 to Syria without the
Department of Commerce license required by
Section 742.9 of the Regulations.
Specifically, Ghashim attempted to export
these computers to Syria by transshipment
through a shipping consolidator and
forwarder in the U.A.E. In so doing, Ghashim
committed two violations of Section 764.2(a)
of the Regulations.
Charges 40–41—15 CFR 764.2(e)—Acting
With Knowledge of a Violation
On two occasions, on or about June 16,
2004 and on or about June 22, 2004, in
connection with the transactions described in
Charges 38–39, above Ghashim ordered,
bought, stored, sold, transferred or
transported computers with knowledge that
violations of the Regulations were about to
occur or were intended to occur in
connection with the items. Specifically,
Ghashim ordered, bought, stored, sold,
transferred or transported the items, which
Ghashim planned to export to Syria through
the U.A.E. without a Department of
Commerce license. Ghashim had knowledge
that violations were about to occur or were
intended to occur because he had been
advised by the U.S. Government and his
suppliers that licenses were required to
export or transship these items to Syria, and
he had license applications pending with BIS
for exports to Syria of similarly controlled
items. In so doing, Ghashim committed two
violations of Section 764.2(e) of the
Regulations.
Charges 42–66—15 CFR 764.2(g)—
Misrepresentation of Facts Through False
Statements on Shipper’s Export Declarations
On 25 occasions between on or about
February 26, 2003 and on or about May 21,
2004, in connection with the transactions
described in Charges 2–26, above, Ghashim
indirectly made false statements to the U.S.
Government in connection with the
submission of export control documents.
Specifically, Ghashim, through his freight
forwarder, field Shipper’s Export
Declarations (‘‘SEDs’’) with the U.S.
Government stating that the items that were
the subject of the SEDs qualified for exports
as ‘‘NLR,’’meaning that no license was
required for their export. Those
representations were false, as licenses were
required for the computers included in the
shipments. SEDs are export control
documents, as defined in Part 772 of the
Regulations. In filing, through his freight
forwarded, SEDs with the U.S. Government
that contained false statements of fact,
Ghashim committed 25 violations of Section
764.2(g) of the Regulations.
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Fmt 4703
Sfmt 4703
Charges 67–77—15 CFR 764.2(e)—Acting
With Knowledge of a False Statement Being
Made to the U.S. Government
On 11 occasions, between on or about
January 7, 2004 and on or about May 21,
2004, in connection with the 11 transactions
described in Charges 56–66, above, Ghashim
sold, transferred or forwarded computers
subject to the Regulations that were to be
exported from the United States with
knowledge that violations of the Regulations
would occur in connection with the export
of the computers. Specifically, Ghashim
knew that he indirectly had filed false SEDs
with the U.S. Government in connection with
his sale, transfer, or forwarding of the
computers. Ghashim knew that the items
required export licenses because he had been
advised by the U.S. Government and his
computer suppliers that licenses were
required to export or transship these items to
Syria, and he had license applications
pending with BIS for exports to Syria of
similarly controlled items. Nevertheless,
Ghashim informed his freight forwarder that
the computers did not require export licenses
and that the SEDS should indicate that no
license was required. In so doing, Ghashim
committed 11 violations of Section 764.2(e)
of the Regulations.
Charges 78–88—15 CFR 764.2(g)—
Misrepresentation of Facts Through False
Statements on Shipper’s Export Declarations
On 11 occasions between on or about
January 7, 2004 and on or about May 21,
2004, in connection with the transactions
described in Charges 16–26, above, Ghashim
indirectly made false statements to the U.S.
Government in connection with the
submission of export control documents.
Specifically, Ghashim, through his freight
forwarder, filed SEDs with the U.S.
Government stating that the U.A.E. was the
country of ultimate destination of the
computers that were the subject of the SEDs.
These representations were false, as the
country of ultimate destination of the items
being exported was Syria. SEDs are export
control documents, as defined in Part 772 of
the Regulations. In filing, through his freight
forwarder, SEDs with the U.S. Government
that contained false statements of fact,
Ghashim committed 11 violations of Section
764.2(g) of the Regulations.
Charges 89–99—15 CFR 764.2(e)—Acting
With Knowledge of a False Statement Being
Made to the U.S. Government
On 11 occasions, between on or about
January 7, 2004 and on or about May 21,
2004, in connection with the 11 transactions
described in Charges 78–88, above, Ghashim
sold, transferred or forwarded computers
subject to the Regulations that were to be
exported from the United States with
knowledge that violations of the Regulations
would occur in connection with the export
of the computers. Specifically, Ghashim
knew that he indirectly had filed false SEDs
with the U.S. Government in connection with
his sale, transfer or forwarding of the
computers. Ghashim knew that the country
of ultimate destination of the items was
Syria, but he informed his freight forwarder
that the country of ultimate destination was
E:\FR\FM\21SEN1.SGM
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Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Notices
jlentini on PROD1PC65 with NOTICES
the U.A.E. In so doing, Ghashim committed
11 violations of Section 764.2(e) the
Regulations.
Whereas, BIS and Ghashim have
entered into a Settlement Agreement
pursuant to Section 766.18(a) 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 a civil penalty of $1,089,000
is assessed against Ghashim. Ghashim
shall pay $22,000 to the Department of
Commerce as follows: $2,200 not later
than October 15, 2006; $2,200 not later
than November 15, 2006; $2,200 not
later than December 15, 2006; $2,200
not later than January 15, 2007; $2,200
not later than February 15, 2007; $2,200
not later than March 15, 2007; $2,200
not later than April 15, 2007; $2,200 not
later than May 15, 2007; $2,200 not later
than June 15, 2007; and $2,200 not later
than July 15, 2007. Payment shall be
made in the manner specified in the
attached instructions. Payment of the
remaining $1,067,000 shall be
suspended for a period of five years
from the date of entry of this Order and
thereafter shall be waived, provided that
during the period of suspension,
Ghashim has committed no violation of
the Act, or any regulation, order, or
license issued thereunder and has made
the payment of $22,000, described
above, in a timely manner.
Second, that, pursuant to the Debt
Collection Act of 1982, as amended (31
U.S.C. 3701–3720E (2000)), the civil
penalty owed under this Order accrues
interest as more fully described in the
attached Notice, and, if payment is not
made by the due date specified herein,
Ghashim will be assessed, in addition to
the full amount of the civil penalty and
interest, a penalty charge and an
administrative charge, as more fully
described in the attached Notice.
Third, that the timely payment of the
civil penalty set forth above is hereby
made a condition to the granting,
restoration, or continuing validity of any
export license, license exception,
permission, or privilege granted, or to be
granted, to Ghashim. Accordingly, if
Ghashim should fail to pay the civil
penalty in a timely manner, the
undersigned may enter an Order
denying all of Ghashim’s export
privileges under the Regulations for a
period of one year from the date of entry
of this Order.
Fourth, that for a period of twenty
years from the date of entry of this
Order, Mazen Ghashim, 3334 Walnut
Bend Lane, Houston, Texas 77042, and,
VerDate Aug<31>2005
16:30 Sep 20, 2006
Jkt 208001
when acting for or on behalf of
Ghashim, his representatives, agents,
assigns, or employees, including MNC
Group International, Inc. doing business
as Wearform, doing business as Sports
Zone, doing business as Soccer Zone,
3334 Walnut Bend Lane, Houston,
Texas, which is a person related to
Ghashim by ownership, control,
position of responsibility, and other
affiliation (‘‘Related Person’’)
(collectively, ‘‘Denied Person’’) may not
participate, directly or indirectly, 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. Benefiting 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.
Fifth, 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
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Sfmt 4703
55163
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,
maintenance, repair, modification or
testing.
Sixth, 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 Ghashim 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.
Seventh, 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.
Eighth, that the proposed charging
letter, the Settlement Agreement, and
this Order shall be made available to the
public.
Ninth, that this Order shall be served
on the Denied Person, the Related
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 12th day of September, 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 06–7877 Filed 9–20–06: 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Ghashim Group, Inc. and Mazen
Ghashim and Related Person MNC
Group International, Inc.; In the Matter
of Ghashim Group, Inc., d.b.a. KZ
Results, 8746 Westpark Drive,
Houston, TX 77063, Respondent Order
Relating to Ghashim Group, Inc. D.B.A.
KZ Results
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’)
has notified Ghashim Group, Inc., doing
business as KZ Results (‘‘KZ Results’’),
E:\FR\FM\21SEN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 183 (Thursday, September 21, 2006)]
[Notices]
[Pages 55161-55163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7877]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Ghashim Group, Inc. and Mazen
Ghashim and Related Person MNC Group International, Inc.; In the Matter
of: Mazen Ghashim, 3334 Walnut Bend Lane, Houston, TX 77042,
Respondent; Order Relating to Mazen Ghashim and Related Person MNC
Group International, Inc. d.b.a. Wear form d.b.a. Sports Zone d.b.a.
Soccer Zone
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS'') has notified Mazen Ghashim (``Ghashim''), of its intention to
initiate an administrative proceeding against him pursuant to Section
766.3 of the Export Administration Regulations (currently codified at
15 CFR Parts 730-774 (2006)) (the ``Regulations''),\1\ and Section
13(c) of the Export Administration Act of 1979, as amended (50 U.S.C.
app. 2401-2420 (2000)) (the ``Act''),\2\ through the issuance of a
proposed charging letter to Ghashim that alleged that Ghashim committed
99 violations of the Regulations. Specifically, the charges are:
---------------------------------------------------------------------------
\1\ The charged violations occurred during 2003 and 2004. The
Regulations governing the violations at issue are found in the 2003
and 2004 versions of the Code of Federal Regulations (15 CFR Parts
740-774 (2003-2004)). The 2006 Regulations established the
procedures that apply to this matter.
\2\ 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 successive Presidential
Notices, the most recent being that of August 3, 2006 (71 FR 44,551
(Aug. 7, 2006)), has continued the Regulations in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706
(2000)) (``UEEOA''). The Act and the Regulations are available on
the Government Printing Office Web site at: https://
www.access.gpo.gov/bis/.
---------------------------------------------------------------------------
Charge--15 CFR 764.2(d)--Conspiracy To Export Items From the United
State to Syria Without the Required License
Beginning in or about February 2003 and continuing through in or
about June 2004, Ghashim conspired and acted in concert with others
known and unknown, to violate the Regulations and to bring acts
constituting violations of the Regulations. The purpose of the
conspiracy was to export computers from the United States to Syria
directly and by transshipment through the United Arab Emirates
(``U.A.E.''). The computers were items subject to the Regulations
and classified under Export Control Classification
[[Page 55162]]
Number (``ECCN'') 4A003 ECCN 4A994. As set forth in Section 742.9 of
the Regulations, a Department of Commerce export license was
required before the computers could be exported to Syria. To
accomplish the conspiracy, the conspirators, including Ghashim,
participated in a scheme to have Ghashim purchase the computers from
U.S. distributors and manufacturers and to have Ghashim export of
the items to Syria directly or by transshipment through the U.A.E.
without a Department of Commerce export licenses. In so doing,
Ghashim committed one violation of Section 764.2(d) of the
Regulations.
Charges 2-15--15 CFR 764,2(a)--Engaging in Prohibited Conduct by
Exporting Computers to Syria Without the Required License
On 14 occasions, between on or about February 26, 2003 and on or
about December 13, 2003, Ghashim engaged in conduct prohibited by
the Regulations by exporting over 300 computers subject to the
Regulations and classified under ECCN 4A994 and one computer subject
to the Regulations and classified under ECCN 4A003 to Syria without
the Department of Commerce licenses required by Section 742.9 of the
Regulations. In so doing, Ghashim committed 14 violations of Section
764.2(a) of the Regulations.
Charges 16-26--15 CFR 764.2(a)--Engaging in Prohibited Conduct by
Exporting Computers to Syria Through the United Arab Emirates Without
the Required License
On 11 occasions, between on or about January 7 2004 and May 21,
2004, Ghashim engaged in conduct prohibited by the Regulations by
exporting over 400 computers subject to the Regulations and
classified under ECCN 4A994 to Syria without the Department of
Commerce license required by Section 742.9 of the Regulations.
Specifically, Ghashim transshipped these computers to Syria through
a shipping consolidator and forwarder in the U.A.E. In so doing,
Ghashim committed 11 violations of Section 764.2(a) of the
Regulations.
Charges 27-37--15 CFR 764.2(e)--Acting With Knowledge of a Violation
On 11 occasions, between on or about January 7, 2004 and May 21,
2004, in connection with the transactions described in Charges 16-
26, above, Ghashim sold, transferred or forwarded computers to Syria
by transshipment through the U.A.E. with knowledge that violations
of the Regulations were occurring. Ghashim had knowledge that
violations were occurring because Ghashim had been advised by the
U.S. Government and his computer suppliers that licenses were
required to export or transship these items to Syria, and Ghashim
had license applications pending with BIS for exports to Syria of
similarly controlled items. In selling, transferring or forwarding
these computers with knowledge that violations were occurring,
Ghashim committed 11 violations of Section 764.2(e) of the
Regulations.
Charges 38-39--15 CFR 764.2(c)--Attempting To Violate the Regulations
by Exporting Computers to Syria Through the United Arab Emirates
Without the Required License
On two occasions, on or about June 16, 2004 and on or about June
22, 2004, Ghashim attempted to violate the Regulations by attempting
to export over 10 computers subject to the Regulations and
classified under ECCN 4A994 to Syria without the Department of
Commerce license required by Section 742.9 of the Regulations.
Specifically, Ghashim attempted to export these computers to Syria
by transshipment through a shipping consolidator and forwarder in
the U.A.E. In so doing, Ghashim committed two violations of Section
764.2(a) of the Regulations.
Charges 40-41--15 CFR 764.2(e)--Acting With Knowledge of a Violation
On two occasions, on or about June 16, 2004 and on or about June
22, 2004, in connection with the transactions described in Charges
38-39, above Ghashim ordered, bought, stored, sold, transferred or
transported computers with knowledge that violations of the
Regulations were about to occur or were intended to occur in
connection with the items. Specifically, Ghashim ordered, bought,
stored, sold, transferred or transported the items, which Ghashim
planned to export to Syria through the U.A.E. without a Department
of Commerce license. Ghashim had knowledge that violations were
about to occur or were intended to occur because he had been advised
by the U.S. Government and his suppliers that licenses were required
to export or transship these items to Syria, and he had license
applications pending with BIS for exports to Syria of similarly
controlled items. In so doing, Ghashim committed two violations of
Section 764.2(e) of the Regulations.
Charges 42-66--15 CFR 764.2(g)--Misrepresentation of Facts Through
False Statements on Shipper's Export Declarations
On 25 occasions between on or about February 26, 2003 and on or
about May 21, 2004, in connection with the transactions described in
Charges 2-26, above, Ghashim indirectly made false statements to the
U.S. Government in connection with the submission of export control
documents. Specifically, Ghashim, through his freight forwarder,
field Shipper's Export Declarations (``SEDs'') with the U.S.
Government stating that the items that were the subject of the SEDs
qualified for exports as ``NLR,''meaning that no license was
required for their export. Those representations were false, as
licenses were required for the computers included in the shipments.
SEDs are export control documents, as defined in Part 772 of the
Regulations. In filing, through his freight forwarded, SEDs with the
U.S. Government that contained false statements of fact, Ghashim
committed 25 violations of Section 764.2(g) of the Regulations.
Charges 67-77--15 CFR 764.2(e)--Acting With Knowledge of a False
Statement Being Made to the U.S. Government
On 11 occasions, between on or about January 7, 2004 and on or
about May 21, 2004, in connection with the 11 transactions described
in Charges 56-66, above, Ghashim sold, transferred or forwarded
computers subject to the Regulations that were to be exported from
the United States with knowledge that violations of the Regulations
would occur in connection with the export of the computers.
Specifically, Ghashim knew that he indirectly had filed false SEDs
with the U.S. Government in connection with his sale, transfer, or
forwarding of the computers. Ghashim knew that the items required
export licenses because he had been advised by the U.S. Government
and his computer suppliers that licenses were required to export or
transship these items to Syria, and he had license applications
pending with BIS for exports to Syria of similarly controlled items.
Nevertheless, Ghashim informed his freight forwarder that the
computers did not require export licenses and that the SEDS should
indicate that no license was required. In so doing, Ghashim
committed 11 violations of Section 764.2(e) of the Regulations.
Charges 78-88--15 CFR 764.2(g)--Misrepresentation of Facts Through
False Statements on Shipper's Export Declarations
On 11 occasions between on or about January 7, 2004 and on or
about May 21, 2004, in connection with the transactions described in
Charges 16-26, above, Ghashim indirectly made false statements to
the U.S. Government in connection with the submission of export
control documents. Specifically, Ghashim, through his freight
forwarder, filed SEDs with the U.S. Government stating that the
U.A.E. was the country of ultimate destination of the computers that
were the subject of the SEDs. These representations were false, as
the country of ultimate destination of the items being exported was
Syria. SEDs are export control documents, as defined in Part 772 of
the Regulations. In filing, through his freight forwarder, SEDs with
the U.S. Government that contained false statements of fact, Ghashim
committed 11 violations of Section 764.2(g) of the Regulations.
Charges 89-99--15 CFR 764.2(e)--Acting With Knowledge of a False
Statement Being Made to the U.S. Government
On 11 occasions, between on or about January 7, 2004 and on or
about May 21, 2004, in connection with the 11 transactions described
in Charges 78-88, above, Ghashim sold, transferred or forwarded
computers subject to the Regulations that were to be exported from
the United States with knowledge that violations of the Regulations
would occur in connection with the export of the computers.
Specifically, Ghashim knew that he indirectly had filed false SEDs
with the U.S. Government in connection with his sale, transfer or
forwarding of the computers. Ghashim knew that the country of
ultimate destination of the items was Syria, but he informed his
freight forwarder that the country of ultimate destination was
[[Page 55163]]
the U.A.E. In so doing, Ghashim committed 11 violations of Section
764.2(e) the Regulations.
Whereas, BIS and Ghashim have entered into a Settlement Agreement
pursuant to Section 766.18(a) 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 a civil penalty of $1,089,000 is assessed against
Ghashim. Ghashim shall pay $22,000 to the Department of Commerce as
follows: $2,200 not later than October 15, 2006; $2,200 not later than
November 15, 2006; $2,200 not later than December 15, 2006; $2,200 not
later than January 15, 2007; $2,200 not later than February 15, 2007;
$2,200 not later than March 15, 2007; $2,200 not later than April 15,
2007; $2,200 not later than May 15, 2007; $2,200 not later than June
15, 2007; and $2,200 not later than July 15, 2007. Payment shall be
made in the manner specified in the attached instructions. Payment of
the remaining $1,067,000 shall be suspended for a period of five years
from the date of entry of this Order and thereafter shall be waived,
provided that during the period of suspension, Ghashim has committed no
violation of the Act, or any regulation, order, or license issued
thereunder and has made the payment of $22,000, described above, in a
timely manner.
Second, that, pursuant to the Debt Collection Act of 1982, as
amended (31 U.S.C. 3701-3720E (2000)), the civil penalty owed under
this Order accrues interest as more fully described in the attached
Notice, and, if payment is not made by the due date specified herein,
Ghashim will be assessed, in addition to the full amount of the civil
penalty and interest, a penalty charge and an administrative charge, as
more fully described in the attached Notice.
Third, that the timely payment of the civil penalty set forth above
is hereby made a condition to the granting, restoration, or continuing
validity of any export license, license exception, permission, or
privilege granted, or to be granted, to Ghashim. Accordingly, if
Ghashim should fail to pay the civil penalty in a timely manner, the
undersigned may enter an Order denying all of Ghashim's export
privileges under the Regulations for a period of one year from the date
of entry of this Order.
Fourth, that for a period of twenty years from the date of entry of
this Order, Mazen Ghashim, 3334 Walnut Bend Lane, Houston, Texas 77042,
and, when acting for or on behalf of Ghashim, his representatives,
agents, assigns, or employees, including MNC Group International, Inc.
doing business as Wearform, doing business as Sports Zone, doing
business as Soccer Zone, 3334 Walnut Bend Lane, Houston, Texas, which
is a person related to Ghashim by ownership, control, position of
responsibility, and other affiliation (``Related Person'')
(collectively, ``Denied Person'') may not participate, directly or
indirectly, 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. Benefiting 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.
Fifth, 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, maintenance, repair, modification or testing.
Sixth, 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 Ghashim 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.
Seventh, 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.
Eighth, that the proposed charging letter, the Settlement
Agreement, and this Order shall be made available to the public.
Ninth, that this Order shall be served on the Denied Person, the
Related 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 12th day of September, 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 06-7877 Filed 9-20-06: 8:45 am]
BILLING CODE 3510-DT-M
