Action Affecting Export Privileges; Balli Group PLC, Balli Aviation, Balli Holdings, Vahid Alaghband, Hassan Alaghband, Blue Sky One Ltd., Blue Sky Two Ltd., Blue Sky Three Ltd., Blue Sky Four Ltd., Blue Sky Five Ltd., Blue Sky Six Ltd., Blue Airways, and Mahan Airways, 15130-15132 [E8-5758]
Download as PDF
<![CDATA[
15130
Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
SUMMARY: The Committee is proposing
to add to the Procurement List a product
to be furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities, and to
delete a product and services previously
furnished by such agencies.
Comments Must be Received on or
Before: April 20, 2008.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, Jefferson Plaza 2, Suite 10800,
1421 Jefferson Davis Highway,
Arlington, Virginia, 22202–3259.
FOR FURTHER INFORMATION OR TO SUBMIT
COMMENTS CONTACT: Kimberly M. Zeich,
Telephone: (703) 603–7740, Fax: (703)
603–0655, or e-mail:
CMTEFedReg@jwod.gov.
This
notice is published pursuant to 41
U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed actions.
SUPPLEMENTARY INFORMATION:
Addition
If the Committee approves the
proposed addition, the entities of the
Federal Government identified in this
notice for each product or service will
be required to procure the product listed
below from nonprofit agencies
employing persons who are blind or
have other severe disabilities.
mstockstill on PROD1PC66 with NOTICES
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. If approved, the action will not
result in any additional reporting,
recordkeeping or other compliance
requirements for small entities other
than the small organizations that will
furnish the product to the Government.
2. If approved, the action will result
in authorizing small entities to furnish
the product to the Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in
connection with the product proposed
for addition to the Procurement List.
Comments on this certification are
invited. Commenters should identify the
statement(s) underlying the certification
on which they are providing additional
information.
End of Certification
The following product is proposed for
addition to Procurement List for
production by the nonprofit agencies
listed:
VerDate Aug<31>2005
18:33 Mar 20, 2008
Jkt 214001
Product
USCG Service/Name Tapes
NSN: 8455–00–NIB–0016—Name
Tapes.
NSN: 8455–00–NIB–0017—Service
Tapes.
NPA: Lions Industries for the Blind,
Inc., Kinston, NC.
Coverage: C—List for the requirements
of the U.S. Coast Guard, Woodbine,
NJ.
Contracting Activity: U.S. Coast Guard,
Uniform Distribution Center,
Woodbine, NJ.
Deletions
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. If approved, the action should not
result in additional reporting,
recordkeeping or other compliance
requirements for small entities.
2. If approved, the action may result
in authorizing small entities to furnish
the product and services to the
Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in
connection with the product and
services proposed for deletion from the
Procurement List.
Comments on this certification are
invited. Commenters should identify the
statement(s) underlying the certification
on which they are providing additional
information.
NSN: 8465–00–NIB–0094—Warrior
Black.
NSN: 8465–00–NIB–0095—Sierra
Woodland.
NSN: 8465–00–NIB–0096—Sierra
Desert.
NPA: The Lighthouse for the Blind, Inc.
(Seattle Lighthouse), Seattle, WA.
Contracting Activity: General Services
Administration, Office Supplies &
Paper Products Acquisition Ctr,
New York, NY.
Services
Service Type/Location: Custodial
Services, Social Security
Administration, 2401 Lind Street,
Quincy, IL.
NPA: Transitions of Western Illinois,
Inc., Quincy, IL.
Contracting Activity: General Services
Administration, Public Buildings
Service, Region 5, Chicago, IL.
Service Type/Location: Janitorial/
Custodial Services, U.S. Federal
Building and Post Office,
Wenatchee, WA.
NPA: Northwest Center, Seattle, WA.
Contracting Activity: General Services
Administration, Public Buildings
Service, Region 10.
Kimberly M. Zeich,
Director, Program Operations.
[FR Doc. E8–5766 Filed 3–20–08; 8:45 am]
BILLING CODE 6353–01–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Product
Action Affecting Export Privileges;
Balli Group PLC, Balli Aviation, Balli
Holdings, Vahid Alaghband, Hassan
Alaghband, Blue Sky One Ltd., Blue
Sky Two Ltd., Blue Sky Three Ltd.,
Blue Sky Four Ltd., Blue Sky Five Ltd.,
Blue Sky Six Ltd., Blue Airways, and
Mahan Airways
Hydration On-the-Move System
NSN: 8465–00–NIB–0071—Bravo
Woodland.
NSN: 8465–00–NIB–0072—Bravo
Desert.
NSN: 8465–00–NIB–0073—Bravo
Black.
NSN: 8465–00–NIB–0074—Delta
Woodland.
NSN: 8465–00–NIB–0075—Delta
Desert.
NSN: 8465–00–NIB–0076—Delta
Black.
NSN: 8465–00–NIB–0077—Alpha
Woodland.
NSN: 8465–00–NIB–0092—Warrior
Woodland.
NSN: 8465–00–NIB–0093—Warrior
Desert.
In the Matter of:
Balli Group PLC, 5 Stanhope Gate,
London, UK, W1K 1AH;
Balli Aviation, 5 Stanhope Gate,
London, UK, W1K 1AH;
Balli Holdings, 5 Stanhope Gate,
London, UK, W1K 1AH;
Vahid Alaghband, 5 Stanhope Gate,
London, UK, W1K 1AH;
Hassan Alaghband, 5 Stanhope Gate,
London, UK, W1K 1AH;
Blue Sky One Ltd., 5 Stanhope Gate,
London, UK, W1K 1AH;
Blue Sky Two Ltd., 5 Stanhope Gate,
London, UK, W1K 1AH;
Blue Sky Three Ltd, 5 Stanhope Gate,
London, UK, W1K 1AH;
Blue Sky Four Ltd, 5 Stanhope Gate,
London, UK, W1K 1AH;
End of Certification
The following product and services
are proposed for deletion from the
Procurement List:
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
Blue Sky Five Ltd., 5 Stanhope Gate,
London, UK, W1K 1AH;
Blue Sky Six Ltd., 5 Stanhope Gate,
London, UK, W1K 1AH;
Blue Airways, 8/3 D Angaght Street,
376009 Yerevan, Armenia;
Mahan Airways, Mahan Tower, No. 21,
Azadegan St., M.A. Jenah Exp. Way,
Tehran, Iran;
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:
mstockstill on PROD1PC66 with NOTICES
(1) Balli Group PLC, 5 Stanhope Gate,
London, UK, W1K 1AH.
(2) Balli Aviation, 5 Stanhope Gate,
London, UK, W1K 1AH.
(3) Balli Holdings, 5 Stanhope Gate,
London, UK, W1K 1AH.
(4) Vahid Alaghband, 5 Stanhope Gate,
London, UK, W1K 1AH.
(5) Hassan Alaghband, 5 Stanhope Gate,
London, UK, W1K 1AH.
(6) Blue Sky One Ltd., 5 Stanhope Gate,
London, UK, W1K 1AH.
(7) Blue Sky Two Ltd., 5 Stanhope Gate,
London, UK, W1K 1AH.
(8) Blue Sky Three Ltd., 5 Stanhope
Gate, London, UK, W1K 1AH.
(9) Blue Sky Four Ltd., 5 Stanhope Gate,
London, UK, W1K 1AH.
(10) Blue Sky Five Ltd., 5 Stanhope
Gate, London, UK, W1K 1AH.
(11) Blue Sky Six Ltd., 5 Stanhope Gate,
London, UK, W1K 1AH.
(12) Blue Airways, 8/3 D Angaght Street,
376009 Yerevan, Armenia.
(13) Mahan Airways, Mahan Tower, No.
21, Azadegan St., M.A. Jenah Exp.
Way, Tehran, Iran.
(hereinafter collectively referred to as
‘‘Respondents’’) for 180 days.
In its request, BIS has presented
evidence that Respondents knowingly
engaged in conduct prohibited by the
EAR by reexporting three U.S. origin
aircraft to Iran and that Respondents are
1 The EAR is 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 Act has been in lapse and the
President, through Executive Order 13222 of August
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive presidential
notices, the most recent being that of August 15,
2007 (72 FR 46137 (August 16, 2007)), has
continued the Regulations in effect under the
International Emergency Economic Powers Act (50
U.S.C. 1701–1706 (2000)) (‘‘IEEPA’’).
VerDate Aug<31>2005
18:33 Mar 20, 2008
Jkt 214001
preparing to reexport three additional
U.S. origin aircraft to Iran without the
U.S. Government authorization required
by Section 746.7 of the EAR.
Additionally, Respondents have made
false statements to BIS regarding the
ultimate destination and end-user of the
aircraft, and have failed to comply with
a BIS order to return three aircraft to the
U.S. False statements made to BIS
directly or indirectly constitute
violations of the EAR.
Specifically, BIS has produced
evidence that in or about 2006 the Balli
Group PLC, a United Kingdom
company, and Blue Sky One Ltd., Blue
Sky Two Ltd., and Blue Sky Three Ltd.,
all of which fall under the same parent
corporation, Balli Holdings, acquired
three U.S. origin aircraft, items subject
to the EAR and classified under Export
Control Classification Number
(‘‘ECCN’’) 9A991.b. Respondents allege
Blue Sky One Ltd., Blue Sky Two Ltd.
and Blue Sky Three Ltd., are used as
investment vehicles that each own one
aircraft for long term leases to airlines.
Respondents have stated to BIS that the
aircraft were leased to Blue Airways,
located in Armenia, and have not and
would not be subleased or otherwise
reexported to Mahan Air or any other
Iranian entity. Multiple open sources
contradict these statements and show
that the aircraft, identifiable by serial
number and tail number, are now
controlled and/or operated by Mahan
Airways, an Iranian company. No U.S.
Government authorization was obtained
for the reexport of these three aircraft.
Further, BIS’s investigation has
revealed that Respondents are
attempting to divert three additional
U.S. origin aircraft of the same type to
Mahan Airways. The aircraft are
currently located outside the United
States and are owned by Blue Sky Four
Ltd., Blue Sky Five Ltd. and Blue Sky
Six Ltd. No U.S. Government
authorization has been obtained for the
reexport of these three aircraft to Iran.
When questioned by BIS, Respondents
claimed that the aircraft are not destined
for Mahan Airways or any other Iranian
entity. On February 22, 2008, BIS
ordered the redelivery of these three
additional aircraft to the United States
in accordance with Section 758.8(b) of
the EAR. The Respondents have not
complied with this order and have
indicated that they will not cooperate.
Respondents’ failure to obey this order
is a violation of the EAR and is further
evidence that an imminent violation is
likely to occur absent the issuance of a
TDO.
I find that the evidence presented by
BIS demonstrates that the Respondents
have knowingly violated the EAR and
PO 00000
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Fmt 4703
Sfmt 4703
15131
that such violations are significant,
deliberate, covert and likely to occur
again absent the issuance of a TDO. I
also find that BIS has produced
evidence demonstrating that additional
violations are imminent in time as well.
As such, a 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 subject to
the EAR. Such a TDO is consistent with
the public interest to preclude future
violations of the EAR.
Accordingly, I find that a TDO
naming Balli Group PLC, Balli Aviation,
Balli Holdings, Vahid Alaghband,
Hassan Alaghband, Blue Sky One Ltd.,
Blue Sky Two Ltd., Blue Sky Three Ltd.,
Blue Sky Four Ltd., Blue Sky Five Ltd.,
Blue Sky Six Ltd., Blue Airways, and
Mahan Airways 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, BALLI
GROUP PLC, 5 Stanhope Gate, London,
UK, W1K 1AH; BALLI AVIATION, 5
Stanhope Gate, London, UK, W1K 1AH;
BALLI HOLDINGS, 5 Stanhope Gate,
London, UK, W1K 1AH; VAHID
ALAGHBAND, 5 Stanhope Gate,
London, UK, W1K 1AH; HASSAN
ALAGHBAND, 5 Stanhope Gate,
London, UK, W1K 1AH; BLUE SKY
ONE LTD., 5 Stanhope Gate, London,
UK, W1K 1AH; BLUE SKY TWO LTD.,
5 Stanhope Gate, London, UK, W1K
1AH; BLUE SKY THREE LTD., 5
Stanhope Gate, London, UK, W1K 1AH;
BLUE SKY FOUR LTD., 5 Stanhope
Gate, London, UK, W1K 1AH; BLUE
SKY FIVE LTD., 5 Stanhope Gate,
London, UK, W1K 1AH; BLUE SKY SIX
LTD., 5 Stanhope Gate, London, UK,
W1K 1AH; BLUE AIRWAYS, 8/3 D
Angaght Street, 376009 Yerevan,
Armenia; and MAHAN AIRWAYS,
Mahan Tower, No. 21, Azadegan St.,
M.A. Jenah Exp. Way, Tehran, Iran
(each a ‘‘Denied Person’’ and
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;
E:\FR\FM\21MRN1.SGM
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mstockstill on PROD1PC66 with NOTICES
15132
Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
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 any Denied Person any item subject
to the EAR;
B. Take any action that facilitates the
acquisition or attempted acquisition by
any Denied Person 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 any 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 any Denied Person of
any item subject to the EAR that has
been exported from the United States;
D. Obtain from any Denied Person 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 any Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by any Denied Person 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
Respondents by affiliation, ownership,
control, or position of responsibility in
the conduct of trade or related services
may also be made subject to the
provisions of this Order.
Fourth, that this Order does not
prohibit any export, reexport, or other
transaction subject to the EAR where the
only items involved that are subject to
VerDate Aug<31>2005
18:33 Mar 20, 2008
Jkt 214001
the EAR are the foreign-produced direct
product of U.S.-origin technology.
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 not later than 20 days
before the expiration date. The
Respondents may oppose a request to
renew this Order by filing a written
submission with the Assistant Secretary
for Export Enforcement, which must be
received not later than seven days
before the expiration date of the Order.
A copy of this Order shall be served
on the Respondents and shall be
published in the Federal Register.
This Order is effective upon date of
publication in the Federal Register and
shall remain in effect for 180 days.
Entered this 17th day of March, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. E8–5758 Filed 3–20–08; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–836]
Certain Cut–to-Length Carbon–Quality
Steel Plate Products From the
Republic of Korea: Final Results of
Antidumping Duty Administrative
Review and Rescission of
Administrative Review in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 23, 2007, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
cut-to-length carbon-quality steel plate
products (steel plate) from the Republic
of Korea. The period of review is
February 1, 2006, through January 31,
2007. We gave interested parties an
opportunity to comment on the
preliminary results. Based on our
analysis of the comments received and
an examination of our calculations, we
have made changes for the final results.
The final weighted-average dumping
margins are listed below in the ‘‘Final
AGENCY:
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Results of the Review’’ section of this
notice.
EFFECTIVE DATE: March 21, 2008.
FOR FURTHER INFORMATION CONTACT: Lyn
Johnson or Minoo Hatten, AD/CVD
Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230,
telephone: (202) 482–5287 and (202)
482–1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 23, 2007, the
Department published Certain Cut-toLength Carbon-Quality Steel Plate
Products from the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review and Intent
to Rescind Administrative Review in
Part, 72 FR 65701 (November 23, 2007)
(Preliminary Results), in the Federal
Register. The administrative review
covers three producers/exporters of the
subject merchandise.
We invited parties to comment on the
Preliminary Results. On December 26,
2007, we received a case brief from
Dongkuk Steel Mill Co., Ltd. (DSM),
producer and importer of the subject
merchandise. On January 3, 2008, we
received a rebuttal brief from Nucor
Corporation (Nucor), a domestic
producer and interested party. No
hearing was requested.
We have conducted this review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by the
antidumping duty order are certain hotrolled carbon-quality steel: (1) Universal
mill plates (i.e., flat-rolled products
rolled on four faces or in a closed box
pass, of a width exceeding 150 mm but
not exceeding 1250 mm, and of a
nominal or actual thickness of not less
than 4 mm, which are cut-to-length (not
in coils) and without patterns in relief),
of iron or non-alloy-quality steel; and (2)
flat-rolled products, hot-rolled, of a
nominal or actual thickness of 4.75 mm
or more and of a width which exceeds
150 mm and measures at least twice the
thickness, and which are cut-to-length
(not in coils). Steel products included in
the scope of the order are of rectangular,
square, circular, or other shape and of
rectangular or non-rectangular crosssection where such non-rectangular
cross-section is achieved subsequent to
the rolling process (i.e., products which
have been ‘‘worked after rolling’’)—for
example, products which have been
beveled or rounded at the edges. Steel
E:\FR\FM\21MRN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Notices]
[Pages 15130-15132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5758]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Balli Group PLC, Balli
Aviation, Balli Holdings, Vahid Alaghband, Hassan Alaghband, Blue Sky
One Ltd., Blue Sky Two Ltd., Blue Sky Three Ltd., Blue Sky Four Ltd.,
Blue Sky Five Ltd., Blue Sky Six Ltd., Blue Airways, and Mahan Airways
In the Matter of:
Balli Group PLC, 5 Stanhope Gate, London, UK, W1K 1AH;
Balli Aviation, 5 Stanhope Gate, London, UK, W1K 1AH;
Balli Holdings, 5 Stanhope Gate, London, UK, W1K 1AH;
Vahid Alaghband, 5 Stanhope Gate, London, UK, W1K 1AH;
Hassan Alaghband, 5 Stanhope Gate, London, UK, W1K 1AH;
Blue Sky One Ltd., 5 Stanhope Gate, London, UK, W1K 1AH;
Blue Sky Two Ltd., 5 Stanhope Gate, London, UK, W1K 1AH;
Blue Sky Three Ltd, 5 Stanhope Gate, London, UK, W1K 1AH;
Blue Sky Four Ltd, 5 Stanhope Gate, London, UK, W1K 1AH;
[[Page 15131]]
Blue Sky Five Ltd., 5 Stanhope Gate, London, UK, W1K 1AH;
Blue Sky Six Ltd., 5 Stanhope Gate, London, UK, W1K 1AH;
Blue Airways, 8/3 D Angaght Street, 376009 Yerevan, Armenia;
Mahan Airways, Mahan Tower, No. 21, Azadegan St., M.A. Jenah Exp. Way,
Tehran, Iran;
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 is 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 Act has been in lapse and the
President, through Executive Order 13222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), which has been extended by successive
presidential notices, the most recent being that of August 15, 2007
(72 FR 46137 (August 16, 2007)), has continued the Regulations in
effect under the International Emergency Economic Powers Act (50
U.S.C. 1701-1706 (2000)) (``IEEPA'').
(1) Balli Group PLC, 5 Stanhope Gate, London, UK, W1K 1AH.
(2) Balli Aviation, 5 Stanhope Gate, London, UK, W1K 1AH.
(3) Balli Holdings, 5 Stanhope Gate, London, UK, W1K 1AH.
(4) Vahid Alaghband, 5 Stanhope Gate, London, UK, W1K 1AH.
(5) Hassan Alaghband, 5 Stanhope Gate, London, UK, W1K 1AH.
(6) Blue Sky One Ltd., 5 Stanhope Gate, London, UK, W1K 1AH.
(7) Blue Sky Two Ltd., 5 Stanhope Gate, London, UK, W1K 1AH.
(8) Blue Sky Three Ltd., 5 Stanhope Gate, London, UK, W1K 1AH.
(9) Blue Sky Four Ltd., 5 Stanhope Gate, London, UK, W1K 1AH.
(10) Blue Sky Five Ltd., 5 Stanhope Gate, London, UK, W1K 1AH.
(11) Blue Sky Six Ltd., 5 Stanhope Gate, London, UK, W1K 1AH.
(12) Blue Airways, 8/3 D Angaght Street, 376009 Yerevan, Armenia.
(13) Mahan Airways, Mahan Tower, No. 21, Azadegan St., M.A. Jenah Exp.
Way, Tehran, Iran.
(hereinafter collectively referred to as ``Respondents'') for 180 days.
In its request, BIS has presented evidence that Respondents
knowingly engaged in conduct prohibited by the EAR by reexporting three
U.S. origin aircraft to Iran and that Respondents are preparing to
reexport three additional U.S. origin aircraft to Iran without the U.S.
Government authorization required by Section 746.7 of the EAR.
Additionally, Respondents have made false statements to BIS
regarding the ultimate destination and end-user of the aircraft, and
have failed to comply with a BIS order to return three aircraft to the
U.S. False statements made to BIS directly or indirectly constitute
violations of the EAR.
Specifically, BIS has produced evidence that in or about 2006 the
Balli Group PLC, a United Kingdom company, and Blue Sky One Ltd., Blue
Sky Two Ltd., and Blue Sky Three Ltd., all of which fall under the same
parent corporation, Balli Holdings, acquired three U.S. origin
aircraft, items subject to the EAR and classified under Export Control
Classification Number (``ECCN'') 9A991.b. Respondents allege Blue Sky
One Ltd., Blue Sky Two Ltd. and Blue Sky Three Ltd., are used as
investment vehicles that each own one aircraft for long term leases to
airlines. Respondents have stated to BIS that the aircraft were leased
to Blue Airways, located in Armenia, and have not and would not be
subleased or otherwise reexported to Mahan Air or any other Iranian
entity. Multiple open sources contradict these statements and show that
the aircraft, identifiable by serial number and tail number, are now
controlled and/or operated by Mahan Airways, an Iranian company. No
U.S. Government authorization was obtained for the reexport of these
three aircraft.
Further, BIS's investigation has revealed that Respondents are
attempting to divert three additional U.S. origin aircraft of the same
type to Mahan Airways. The aircraft are currently located outside the
United States and are owned by Blue Sky Four Ltd., Blue Sky Five Ltd.
and Blue Sky Six Ltd. No U.S. Government authorization has been
obtained for the reexport of these three aircraft to Iran. When
questioned by BIS, Respondents claimed that the aircraft are not
destined for Mahan Airways or any other Iranian entity. On February 22,
2008, BIS ordered the redelivery of these three additional aircraft to
the United States in accordance with Section 758.8(b) of the EAR. The
Respondents have not complied with this order and have indicated that
they will not cooperate. Respondents' failure to obey this order is a
violation of the EAR and is further evidence that an imminent violation
is likely to occur absent the issuance of a TDO.
I find that the evidence presented by BIS demonstrates that the
Respondents have knowingly violated the EAR and that such violations
are significant, deliberate, covert and likely to occur again absent
the issuance of a TDO. I also find that BIS has produced evidence
demonstrating that additional violations are imminent in time as well.
As such, a 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 subject to the EAR.
Such a TDO is consistent with the public interest to preclude future
violations of the EAR.
Accordingly, I find that a TDO naming Balli Group PLC, Balli
Aviation, Balli Holdings, Vahid Alaghband, Hassan Alaghband, Blue Sky
One Ltd., Blue Sky Two Ltd., Blue Sky Three Ltd., Blue Sky Four Ltd.,
Blue Sky Five Ltd., Blue Sky Six Ltd., Blue Airways, and Mahan Airways
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, BALLI GROUP PLC, 5 Stanhope Gate,
London, UK, W1K 1AH; BALLI AVIATION, 5 Stanhope Gate, London, UK, W1K
1AH; BALLI HOLDINGS, 5 Stanhope Gate, London, UK, W1K 1AH; VAHID
ALAGHBAND, 5 Stanhope Gate, London, UK, W1K 1AH; HASSAN ALAGHBAND, 5
Stanhope Gate, London, UK, W1K 1AH; BLUE SKY ONE LTD., 5 Stanhope Gate,
London, UK, W1K 1AH; BLUE SKY TWO LTD., 5 Stanhope Gate, London, UK,
W1K 1AH; BLUE SKY THREE LTD., 5 Stanhope Gate, London, UK, W1K 1AH;
BLUE SKY FOUR LTD., 5 Stanhope Gate, London, UK, W1K 1AH; BLUE SKY FIVE
LTD., 5 Stanhope Gate, London, UK, W1K 1AH; BLUE SKY SIX LTD., 5
Stanhope Gate, London, UK, W1K 1AH; BLUE AIRWAYS, 8/3 D Angaght Street,
376009 Yerevan, Armenia; and MAHAN AIRWAYS, Mahan Tower, No. 21,
Azadegan St., M.A. Jenah Exp. Way, Tehran, Iran (each a ``Denied
Person'' and 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;
[[Page 15132]]
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 any Denied Person any item
subject to the EAR;
B. Take any action that facilitates the acquisition or attempted
acquisition by any Denied Person 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 any 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 any Denied Person of any item subject to
the EAR that has been exported from the United States;
D. Obtain from any Denied Person 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 any Denied Person, or service any
item, of whatever origin, that is owned, possessed or controlled by any
Denied Person 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 Respondents by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services may also be made subject to the provisions of
this Order.
Fourth, that this Order does not prohibit any export, reexport, or
other transaction subject to the EAR where the only items involved that
are subject to the EAR are the foreign-produced direct product of U.S.-
origin technology.
In accordance with the provisions of Section 766.24(e) 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 not
later than 20 days before the expiration date. The Respondents may
oppose a request to renew this Order by filing a written submission
with the Assistant Secretary for Export Enforcement, which must be
received not later than seven days before the expiration date of the
Order.
A copy of this Order shall be served on the Respondents and shall
be published in the Federal Register.
This Order is effective upon date of publication in the Federal
Register and shall remain in effect for 180 days.
Entered this 17th day of March, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E8-5758 Filed 3-20-08; 8:45 am]
BILLING CODE 3510-DT-P
