Action Affecting Export Privileges: Aviation Services International B.V.; Delta Logistics, B.V.; Robert Kraaipoel; Niels Kraaipoel; T.P.C B.V.; Mia Van Gemert; Mojir Trading; Reza Amidi; Lavantia, Ltd.; and Mita Zarek, 57520-57522 [07-4995]
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57520
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Notices
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: October 3, 2007.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E7–19858 Filed 10–9–07; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
rwilkins on PROD1PC63 with NOTICES
Action Affecting Export Privileges:
Aviation Services International B.V.;
Delta Logistics, B.V.; Robert Kraaipoel;
Niels Kraaipoel; T.P.C B.V.; Mia Van
Gemert; Mojir Trading; Reza Amidi;
Lavantia, Ltd.; and Mita Zarek
In the Matter of:
Aviation Services International B.V., P.O.
Box 418, Heerhugowaard, Netherlands
1700AK.
Aviation Services International B.V.,
Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL.
Delta Logistics B.V., Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL.
Delta Logistics B.V., P.O. Box 418,
Heerhugowaard, Netherlands 1700AK.
Robert Kraaipoel, P.O. Box 418,
Heerhugowaard, Netherlands 1700AK.
Robert Kraaipoel, Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL.
Robert Kraaipoel, P.O. Box 418,
Heerhugowaard, Netherlands 1700AK.
Niels Kraaipoel, Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL.
T.P.C.
B.V.,
P.O.
Box
418,
Heerhugowaard, Netherlands 1700AK.
T.P.C. B.V., Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL.
T.P.C. B.V., P.O. Box 11 1700AA,
Heerhugowaard, Netherland.
Mia Van Gemert, P.O. Box 418,
Heerhugowaard, Netherlands 1700AK.
Mia Van Gemert, Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL.
Mojir Trading, PO Box 18118, Jabel-Ali
Free Zone, Dubai-UAE.
Reza Amidi, PO Box 18118, Jabel-Ali
Free Zone, Dubai-UAE.
Lavantia Ltd., 16 Kyrakou Matsi Ave, 3rd
Floor, 1082 Nicosia, Cyprus.
Mita Zarek, 16 Kyrakou Matsi Ave, 3rd
Floor, 1082 Nicosia, Cyprus.
Respondents.
VerDate Aug<31>2005
17:08 Oct 09, 2007
Jkt 214001
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:
(1) AVIATION SERVICES
INTERNATIONAL B.V., Fleming Straat
36, 1704 SL, Heerhugowaard, the
Netherlands, and P.O. Box 418,
Heerhugowaard, Netherlands 1700
(‘‘ASI’’).
(2) TPC, B.V., Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL
and P.O. Box 11, 1700AA
Heerhugowaard, Netherlands and P.O.
Box 418, Heerhugowaard, Netherlands
1700AK.
(3) DELTA LOGISTICS, B.V., Fleming
Straat 36, Heerhugowaard, Netherlands
1704SL and P.O. Box 11, 1700AA
Heerhugowaard, Netherlands.
(4) ROBERT KRAAIPOEL, Fleming
Straat 36, Heerhugowaard, Netherlands
1704SL, and P.O. Box 418,
Heerhugowaard, Netherlands 1700AK.
(5) NIELS KRAAIPOEL, Fleming
Straat 36, Heerhugowaard, Netherlands
1704SL and P.O. Box 418,
Heerhugowaard, Netherlands 1700AK.
(6) MIA VAN GEMERT, Fleming
Straat 36, Heerhugowaard, Netherlands
1704SL and P.O. Box 418,
Heerhugowaard, Netherlands 1700AK.
(7) MOJIR TRADING, P.O. Box 18118,
Jabel-Ali Free Zone, Dubai-UAE.
(8) REZA AMIDI, P.O. Box 18118,
Jabel-Ali Free Zone, Dubai-UAE.
(9) LAVANTIA, Ltd., 16 Kyriakou
Matsi Ave., 3rd Floor, 1082 Nicosia,
Cyprus.
(10) MITA ZAREK, 16 Kyrakou Matsi
Ave., 3rd Floor, 1082 Nicosia, Cyprus.
(hereinafter collectively referred to as
the ‘‘Respondents’’) for 180 days.
On August 29, 2007, four of the
Respondents, Aviation Services
International, B.V. (‘‘ASI’’) and its
president, Robert Kraaipoel, and TPC,
B.V. and Delta Logistics, B.V., two
companies owned and operated by
Robert Kraaipoel and his son, Niels
Kraaipoel, were criminally charged with
1 The EAR are currently codified at 15 CFR Parts
730–774 (2007). The EAR are issued under the
Export Administration Act of 1979, as amended (50
U.S.C. app. §§2401–2420 (2000)) (‘‘EAA’’). Since
August 21, 2001, the EAA has been in lapse and the
President, through Executive Order 13222 of August
17, 2001 (3 C.F.R., 2001 Comp. 783 (2002)), as
extended by the Notice of August 15, 2007 (72 FR
46137 (Aug. 16, 2007)), has continued the
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701–
1706 (2000)) (‘‘IEEPA’’).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
five counts of violations encompassing
IEEPA, the Iranian Transactions
Regulations (‘‘ITR’’) 2 of the Treasury
Department’s Office of Foreign Assets
Control (‘‘OFAC’’), and 18 U.S.C. 1001
and 2. The criminal complaint alleged
that they participated in the willful
export and attempted export to Iran of
U.S. origin items during the 2006–2007
period without the required
authorization from OFAC and made
false statements in 2005 and 2006 to the
U.S. Government regarding end-use and
end-users in connection with the export
of U.S. origin items. The complaint also
alleged that Niels Kraaipoel, ASI’s sales
manager, was aware of the U.S. embargo
against Iran. The Respondents allegedly
exported or attempted to export items
through the Netherlands to Iran and
concealed the true identify of the endusers.
In its request, BIS has presented
evidence that shows that on two
occasions in 2005 and 2006, the
Respondents caused the export of items
subject to the EAR and set forth on the
Commerce Control List 3 from the
United States to Netherlands and made
false statements regarding end-use and
end-users in connection with these
transactions. Specifically, in November
2005 and January 2006, the Respondents
caused receivers and video transmitters
to be exported from the United States to
the Netherlands. These items are subject
to the EAR and are controlled for antiterrorism reasons (ECCN 4 5A991). The
Respondents falsely claimed that the
ultimate consignee was the Polish
Border Control Agency (‘‘PBCA’’) in
Poland and that the items would be
used by PBCA in Unmanned Air
Vehicles (‘‘UAVs’’). The U.S.
Government obtained information
indicating that the PBCA did not own
UAVs and therefore would have no
need for this type of equipment.
Further, the information demonstrated
that the PBCA had never contracted
with ASI for equipment of any kind. ASI
provided this false information to the
U.S. exporter who in turn included it on
the Shipper’s Export Declarations
(‘‘SEDs’’) it filed with the U.S.
Government.
Subsequently, as alleged in the
criminal complaint, in May 2007, in
response to a request from the U.S.
exporter for end-user information
regarding spare parts to be provided for
the electronic equipment previously
purchased by ASI, an employee of ASI
submitted an end-user statement from
2 31
CFR 560 (2007).
CFR Part 744, Supp.1 (2007).
4 ‘‘ECCN’’ refers to ‘‘Export Control Classification
Number.’’ See Supp. 1 to 15 CFR 774.
3 15
E:\FR\FM\10OCN1.SGM
10OCN1
rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Notices
Lavantia, Ltd., a business purportedly
located in Nicosia, Cyprus that is
believed to serve as a purchaser of U.S.origin items for Iranian businesses and
governmental agencies.
Additionally, BIS has presented
evidence that shows that the
Respondents made false statements
regarding end-use and end-users in
connection with the causing of an
attempted export of national securitycontrolled items to the Netherlands. The
criminal complaint alleges that this
shipment was actually an attempted
unlawful export to Iran in violation of
the ITR and IEEPA. Specifically, on or
about March 30, 2007, a U.S. company
attempted to ship polymide film, an
item subject to the EAR and controlled
for national security reasons (ECCN
1C008.A.3), to Delta Logistics in the
Netherlands. The shipment was
detained when it was discovered that
Delta Logistics was in fact ASI operating
under a different name. When asked by
the U.S. freight forwarder to provide an
end-user statement, ASI’s Robert
Kraaipoel refused. Robert Kraaipoel
subsequently represented to the U.S.
exporter that he had a buyer for the item
named Mojir Trading, located in Dubai,
UAE. On or about July 9, 2007, the U.S.
exporter received a purchase order and
end-user statement purportedly from
Mojir Trading’s managing director
stating that the polymide film was
destined for the UAE, and that the film
would be used for sealing large
electromotor fittings. The purchase
order demonstrated that Delta Logistics
B.V., a company owned by Niels
Kraaipoel and Robert Kraaipoel,
participated in this transaction.
Following repeated efforts to contact
Mojir Trading, the U.S. Government
determined that there was no listing in
the UAE for either the company or its
purported managing director.
I find that the evidence presented by
BIS demonstrates that the Respondents
have knowingly violated the EAR, that
such violations have been deliberate
and covert, and that there is a likelihood
of future violations, particularly given
the nature of the transactions. For these
reasons, I find that an imminent
violation exists within the meaning of
Section 766.24(b)(2). As such, a
Temporary Denial Order (‘‘TDO’’) is
needed to give notice to persons and
companies in the United States and
abroad that they should cease dealing
with the Respondents in export
transactions involving items subjects 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 Aviation Services International,
VerDate Aug<31>2005
17:08 Oct 09, 2007
Jkt 214001
B.V., T.P.C, B.V., and Delta Logistics,
B.V., in the Netherlands, and Lavantia,
Ltd. in Cyprus, and Mojir Trading in the
U.A.E., respectively, and Robert
Kraaipoel, Niels Kraaipoel, Mia Van
Gemert, Reza Amidi, and Mita Zarek, as
Respondents 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,
AVIATION SERVICES
INTERNATIONAL B.V., Fleming Straat
36, 1704 SL, Heerhugowaard, the
Netherlands, and P.O. Box 418,
Heerhugowaard, Netherlands 1700, and
T.P.C., B.V., Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL
and P.O. Box 11, 1700AA
Heerhugowaard, Netherlands and P.O.
Box 418, Heerhugowaard, Netherlands
1700AK; and DELTA LOGISTICS, B.V.,
Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL and P.O. Box 11,
1700AA Heerhugowaard, Netherlands;
and LAVANTIA, Ltd., 16 Kyriakou
Matsi Ave, 3rd Floor, 1082 Nicosia,
Cyprus; and ROBERT KRAAIPOEL,
Director and Principal Officer of
Aviation Services International B.V.,
Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL, and P.O. Box 418,
Heerhugowaard, Netherlands 1700AK;
and NIELS KRAAIPOEL, ASI Sales
Manager, Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL
and P.O. Box 418, Heerhugowaard,
Netherlands 1700AK; and MIA VAN
GEMERT, Managing Director of ASI,
Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL and P.O. Box 418,
Heerhugowaard, Netherlands 1700AK;
and MOJIR TRADING, PO Box 18118,
Jabel-Ali Free Zone, Dubai-UAE; and
REZA AMIDI, PO Box 18118, Jabel-Ali
Free Zone, Dubai-UAE; and MITA
ZAREK, owner of Lavantia Ltd., 16
Kyrakou Matsi Ave, 3rd Floor, 1082
Nicosia, Cyprus, (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,
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
57521
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. Benefiting 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 acquire or
attempt 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
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to any of the
Denied Persons 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.
E:\FR\FM\10OCN1.SGM
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57522
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Notices
In accordance with the provisions of
Section 766.24(e) of the EAR, the
Respondents 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) of the EAR, BIS may
seek renewal of this Order by filing a
written request with the Assistant
Secretary not later than 20 days before
the expiration date and serving the
request on the Respondents. The
Respondents may oppose a request to
renew this Order by filing a written
submission with the Assistant Secretary
of Commerce 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 shall be
published in the Federal Register.
This Order is effective upon date of
publication and shall remain in effect
for 180 days.
Entered this 1st day of October, 2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 07–4995 Filed 10–9–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; SaltonstallKennedy Grant Program (S–K
Program) Applications and Reports
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before December 10,
2007.
ADDRESSES: Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
rwilkins on PROD1PC63 with NOTICES
SUMMARY:
VerDate Aug<31>2005
17:08 Oct 09, 2007
Jkt 214001
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Stephen Aguzin, 301–713–
2358 or Stephen.Aguzin@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The S–K Program provides financial
assistance on a competitive basis for
research and development projects that
benefit the U.S. fishing industry
(commercial and recreational). In
addition to standard Federal
government grant application
requirements, S–K applicants must
provide a project narrative and a budget
narrative. Successful grant applicants
are required to submit semi-annual
progress reports plus a final report.
II. Method of Collection
All documents are submitted in
electronic format through NOAA’s grant
Web site https://
*grants*on*line*.rdc.noaa.gov/.
III. Data
OMB Number: 0648–0135.
Form Number: None.
Type of Review: Regular submission.
Affected Public: Not-for-profit
institutions; business or other for-profit
organizations; individuals or
households; and state, local or tribal
government.
Estimated Number of Respondents:
98.
Estimated Time per Response: 1 hour
for a project narrative; 1 hour for a
budget narrative; 2 hours and 30
minutes for a semi-annual progress
report; and 13 hours for a final report.
Estimated Total Annual Burden
Hours: 980.
Estimated Total Annual Cost to
Public: $0.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: October 3, 2007.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E7–19857 Filed 10–9–07; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Alaska License
Limitation Program for Groundfish,
Crab, and Scallops
National Oceanic and
Atmospheric Administration (NOAA).
ACTION: Notice.
AGENCY:
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before December 10,
2007.
Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instruments and instructions should be
directed to Patsy A. Bearden, 907–586–
7008 or patsy.bearden@noaa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Abstract
The License Limitation Program (LLP)
restricts access to the commercial
groundfish fisheries in the Exclusive
Economic Zone off Alaska except for
certain areas where alternative programs
exist. The LLP also restricts access to
the commercial crab fisheries for the
Bering Sea and Aleutian Islands (BSAI)
and access to the commercial scallop
fisheries off Alaska.
Applications for permits were a onetime process. An LLP application
E:\FR\FM\10OCN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 195 (Wednesday, October 10, 2007)]
[Notices]
[Pages 57520-57522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4995]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges: Aviation Services
International B.V.; Delta Logistics, B.V.; Robert Kraaipoel; Niels
Kraaipoel; T.P.C B.V.; Mia Van Gemert; Mojir Trading; Reza Amidi;
Lavantia, Ltd.; and Mita Zarek
------------------------------------------------------------------------
-------------------------------------------------------------------------
In the Matter of:
Aviation Services International B.V., P.O. Box 418, Heerhugowaard,
Netherlands 1700AK.
Aviation Services International B.V., Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL.
Delta Logistics B.V., Fleming Straat 36, Heerhugowaard, Netherlands
1704SL.
Delta Logistics B.V., P.O. Box 418, Heerhugowaard, Netherlands
1700AK.
Robert Kraaipoel, P.O. Box 418, Heerhugowaard, Netherlands 1700AK.
Robert Kraaipoel, Fleming Straat 36, Heerhugowaard, Netherlands
1704SL.
Robert Kraaipoel, P.O. Box 418, Heerhugowaard, Netherlands 1700AK.
Niels Kraaipoel, Fleming Straat 36, Heerhugowaard, Netherlands
1704SL.
T.P.C. B.V., P.O. Box 418, Heerhugowaard, Netherlands 1700AK.
T.P.C. B.V., Fleming Straat 36, Heerhugowaard, Netherlands 1704SL.
T.P.C. B.V., P.O. Box 11 1700AA, Heerhugowaard, Netherland.
Mia Van Gemert, P.O. Box 418, Heerhugowaard, Netherlands 1700AK.
Mia Van Gemert, Fleming Straat 36, Heerhugowaard, Netherlands
1704SL.
Mojir Trading, PO Box 18118, Jabel-Ali Free Zone, Dubai-UAE.
Reza Amidi, PO Box 18118, Jabel-Ali Free Zone, Dubai-UAE.
Lavantia Ltd., 16 Kyrakou Matsi Ave, 3rd Floor, 1082 Nicosia,
Cyprus.
Mita Zarek, 16 Kyrakou Matsi Ave, 3rd Floor, 1082 Nicosia, Cyprus.
Respondents.
------------------------------------------------------------------------
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:
---------------------------------------------------------------------------
\1\ The EAR are currently codified at 15 CFR Parts 730-774
(2007). The EAR are issued under the Export Administration Act of
1979, as amended (50 U.S.C. app. Sec. Sec. 2401-2420 (2000))
(``EAA''). Since August 21, 2001, the EAA has been in lapse and the
President, through Executive Order 13222 of August 17, 2001 (3
C.F.R., 2001 Comp. 783 (2002)), as extended by the Notice of August
15, 2007 (72 FR 46137 (Aug. 16, 2007)), has continued the
Regulations in effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706 (2000)) (``IEEPA'').
---------------------------------------------------------------------------
(1) AVIATION SERVICES INTERNATIONAL B.V., Fleming Straat 36, 1704
SL, Heerhugowaard, the Netherlands, and P.O. Box 418, Heerhugowaard,
Netherlands 1700 (``ASI'').
(2) TPC, B.V., Fleming Straat 36, Heerhugowaard, Netherlands 1704SL
and P.O. Box 11, 1700AA Heerhugowaard, Netherlands and P.O. Box 418,
Heerhugowaard, Netherlands 1700AK.
(3) DELTA LOGISTICS, B.V., Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL and P.O. Box 11, 1700AA Heerhugowaard, Netherlands.
(4) ROBERT KRAAIPOEL, Fleming Straat 36, Heerhugowaard, Netherlands
1704SL, and P.O. Box 418, Heerhugowaard, Netherlands 1700AK.
(5) NIELS KRAAIPOEL, Fleming Straat 36, Heerhugowaard, Netherlands
1704SL and P.O. Box 418, Heerhugowaard, Netherlands 1700AK.
(6) MIA VAN GEMERT, Fleming Straat 36, Heerhugowaard, Netherlands
1704SL and P.O. Box 418, Heerhugowaard, Netherlands 1700AK.
(7) MOJIR TRADING, P.O. Box 18118, Jabel-Ali Free Zone, Dubai-UAE.
(8) REZA AMIDI, P.O. Box 18118, Jabel-Ali Free Zone, Dubai-UAE.
(9) LAVANTIA, Ltd., 16 Kyriakou Matsi Ave., 3rd Floor, 1082
Nicosia, Cyprus.
(10) MITA ZAREK, 16 Kyrakou Matsi Ave., 3rd Floor, 1082 Nicosia,
Cyprus. (hereinafter collectively referred to as the ``Respondents'')
for 180 days.
On August 29, 2007, four of the Respondents, Aviation Services
International, B.V. (``ASI'') and its president, Robert Kraaipoel, and
TPC, B.V. and Delta Logistics, B.V., two companies owned and operated
by Robert Kraaipoel and his son, Niels Kraaipoel, were criminally
charged with five counts of violations encompassing IEEPA, the Iranian
Transactions Regulations (``ITR'') \2\ of the Treasury Department's
Office of Foreign Assets Control (``OFAC''), and 18 U.S.C. 1001 and 2.
The criminal complaint alleged that they participated in the willful
export and attempted export to Iran of U.S. origin items during the
2006-2007 period without the required authorization from OFAC and made
false statements in 2005 and 2006 to the U.S. Government regarding end-
use and end-users in connection with the export of U.S. origin items.
The complaint also alleged that Niels Kraaipoel, ASI's sales manager,
was aware of the U.S. embargo against Iran. The Respondents allegedly
exported or attempted to export items through the Netherlands to Iran
and concealed the true identify of the end-users.
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\2\ 31 CFR 560 (2007).
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In its request, BIS has presented evidence that shows that on two
occasions in 2005 and 2006, the Respondents caused the export of items
subject to the EAR and set forth on the Commerce Control List \3\ from
the United States to Netherlands and made false statements regarding
end-use and end-users in connection with these transactions.
Specifically, in November 2005 and January 2006, the Respondents caused
receivers and video transmitters to be exported from the United States
to the Netherlands. These items are subject to the EAR and are
controlled for anti-terrorism reasons (ECCN \4\ 5A991). The Respondents
falsely claimed that the ultimate consignee was the Polish Border
Control Agency (``PBCA'') in Poland and that the items would be used by
PBCA in Unmanned Air Vehicles (``UAVs''). The U.S. Government obtained
information indicating that the PBCA did not own UAVs and therefore
would have no need for this type of equipment. Further, the information
demonstrated that the PBCA had never contracted with ASI for equipment
of any kind. ASI provided this false information to the U.S. exporter
who in turn included it on the Shipper's Export Declarations (``SEDs'')
it filed with the U.S. Government.
---------------------------------------------------------------------------
\3\ 15 CFR Part 744, Supp.1 (2007).
\4\ ``ECCN'' refers to ``Export Control Classification Number.''
See Supp. 1 to 15 CFR 774.
---------------------------------------------------------------------------
Subsequently, as alleged in the criminal complaint, in May 2007, in
response to a request from the U.S. exporter for end-user information
regarding spare parts to be provided for the electronic equipment
previously purchased by ASI, an employee of ASI submitted an end-user
statement from
[[Page 57521]]
Lavantia, Ltd., a business purportedly located in Nicosia, Cyprus that
is believed to serve as a purchaser of U.S.-origin items for Iranian
businesses and governmental agencies.
Additionally, BIS has presented evidence that shows that the
Respondents made false statements regarding end-use and end-users in
connection with the causing of an attempted export of national
security-controlled items to the Netherlands. The criminal complaint
alleges that this shipment was actually an attempted unlawful export to
Iran in violation of the ITR and IEEPA. Specifically, on or about March
30, 2007, a U.S. company attempted to ship polymide film, an item
subject to the EAR and controlled for national security reasons (ECCN
1C008.A.3), to Delta Logistics in the Netherlands. The shipment was
detained when it was discovered that Delta Logistics was in fact ASI
operating under a different name. When asked by the U.S. freight
forwarder to provide an end-user statement, ASI's Robert Kraaipoel
refused. Robert Kraaipoel subsequently represented to the U.S. exporter
that he had a buyer for the item named Mojir Trading, located in Dubai,
UAE. On or about July 9, 2007, the U.S. exporter received a purchase
order and end-user statement purportedly from Mojir Trading's managing
director stating that the polymide film was destined for the UAE, and
that the film would be used for sealing large electromotor fittings.
The purchase order demonstrated that Delta Logistics B.V., a company
owned by Niels Kraaipoel and Robert Kraaipoel, participated in this
transaction. Following repeated efforts to contact Mojir Trading, the
U.S. Government determined that there was no listing in the UAE for
either the company or its purported managing director.
I find that the evidence presented by BIS demonstrates that the
Respondents have knowingly violated the EAR, that such violations have
been deliberate and covert, and that there is a likelihood of future
violations, particularly given the nature of the transactions. For
these reasons, I find that an imminent violation exists within the
meaning of Section 766.24(b)(2). As such, a Temporary Denial Order
(``TDO'') is needed to give notice to persons and companies in the
United States and abroad that they should cease dealing with the
Respondents in export transactions involving items subjects 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 Aviation Services
International, B.V., T.P.C, B.V., and Delta Logistics, B.V., in the
Netherlands, and Lavantia, Ltd. in Cyprus, and Mojir Trading in the
U.A.E., respectively, and Robert Kraaipoel, Niels Kraaipoel, Mia Van
Gemert, Reza Amidi, and Mita Zarek, as Respondents 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, AVIATION SERVICES INTERNATIONAL B.V.,
Fleming Straat 36, 1704 SL, Heerhugowaard, the Netherlands, and P.O.
Box 418, Heerhugowaard, Netherlands 1700, and T.P.C., B.V., Fleming
Straat 36, Heerhugowaard, Netherlands 1704SL and P.O. Box 11, 1700AA
Heerhugowaard, Netherlands and P.O. Box 418, Heerhugowaard, Netherlands
1700AK; and DELTA LOGISTICS, B.V., Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL and P.O. Box 11, 1700AA Heerhugowaard, Netherlands;
and LAVANTIA, Ltd., 16 Kyriakou Matsi Ave, 3rd Floor, 1082 Nicosia,
Cyprus; and ROBERT KRAAIPOEL, Director and Principal Officer of
Aviation Services International B.V., Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL, and P.O. Box 418, Heerhugowaard, Netherlands
1700AK; and NIELS KRAAIPOEL, ASI Sales Manager, Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL and P.O. Box 418, Heerhugowaard,
Netherlands 1700AK; and MIA VAN GEMERT, Managing Director of ASI,
Fleming Straat 36, Heerhugowaard, Netherlands 1704SL and P.O. Box 418,
Heerhugowaard, Netherlands 1700AK; and MOJIR TRADING, PO Box 18118,
Jabel-Ali Free Zone, Dubai-UAE; and REZA AMIDI, PO Box 18118, Jabel-Ali
Free Zone, Dubai-UAE; and MITA ZAREK, owner of Lavantia Ltd., 16
Kyrakou Matsi Ave, 3rd Floor, 1082 Nicosia, Cyprus, (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. Benefiting 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 acquire
or attempt 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 section 766.23 of the EAR, any other person, firm, corporation, or
business organization related to any of the Denied Persons 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.
[[Page 57522]]
In accordance with the provisions of Section 766.24(e) of the EAR,
the Respondents 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) of the EAR,
BIS may seek renewal of this Order by filing a written request with the
Assistant Secretary not later than 20 days before the expiration date
and serving the request on the Respondents. The Respondents may oppose
a request to renew this Order by filing a written submission with the
Assistant Secretary of Commerce 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 shall
be published in the Federal Register.
This Order is effective upon date of publication and shall remain
in effect for 180 days.
Entered this 1st day of October, 2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 07-4995 Filed 10-9-07; 8:45 am]
BILLING CODE 3510-DT-M
