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, 19809-19811 [E8-7683]
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Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Notices
mortality rates, and similar information
useful in the management of the billfish
fisheries.
Affected Public: Individuals or
households.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: David Rostker,
(202) 395–3897.
Copies of the above information
collection proposal can be obtained by
calling or writing Diana Hynek,
Departmental Paperwork Clearance
Officer, (202) 482–0266, Department of
Commerce, Room 6625, 14th and
Constitution Avenue, NW., Washington,
DC 20230 (or via the Internet at
dHynek@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to David Rostker, OMB Desk
Officer, Fax number (202) 395–7285, or
David_Rostker@omb.eop.gov.
Dated: April 7, 2008.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E8–7651 Filed 4–10–08; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
mstockstill on PROD1PC66 with NOTICES
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Prohibited Species Donation
Program.
Form Number(s): None.
OMB Approval Number: 0648–0316.
Type of Request: Regular submission.
Burden Hours: 535.
Number of Respondents: 21.
Average Hours Per Response:
Distributor application, 13 hours;
distributor list updates, 12 minutes;
distributor product tracking and records
retention, 12 minutes; processor product
tracking and records retention, 6
minutes; product packaging and
labeling, 4 minutes.
Needs and Uses: A prohibited species
donation (PSD) program for salmon and
halibut has effectively reduced
regulatory discard of salmon and halibut
by allowing fish that would otherwise
be discarded to be donated to needy
individuals through tax-exempt
VerDate Aug<31>2005
19:21 Apr 10, 2008
Jkt 214001
organizations. The vessels and
processing plants participating in the
donation program voluntarily retain and
process salmon and halibut bycatch. An
authorized, tax-exempt distributor,
chosen by National Marine Fisheries
Service (NMFS) is responsible for
monitoring the retention and processing
of fish donated by vessels and
processors. The authorized distributor
also coordinates the processing, storage,
transportation, and distribution of
salmon and halibut. The PSD program
requires a collection of information so
that NMFS can monitor the authorized
distributors’ ability to effectively
supervise program participants and
ensure that donated fish are properly
processed, stored, and distributed.
Affected Public: Not-for-profit
institutions.
Frequency: Every three years and on
occasion.
Respondent’s Obligation: Required to
obtain or retain benefits.
OMB Desk Officer: David Rostker,
(202) 395–3897.
Copies of the above information
collection proposal can be obtained by
calling or writing Diana Hynek,
Departmental Paperwork Clearance
Officer, (202) 482–0266, Department of
Commerce, Room 6625, 14th and
Constitution Avenue, NW., Washington,
DC 20230 (or via the Internet at
dHynek@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to David Rostker, OMB Desk
Officer, Fax number (202) 395–7285, or
David_Rostker@omb.eop.gov.
Dated: April 7, 2008.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E8–7652 Filed 4–10–08; 8:45 am]
BILLING CODE 3510–22–P
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
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
19809
1704SL; Delta Logistics B.V., P.O. Box 418,
Heerhugowaard, Netherlands 1700AK; Delta
Logistics B.V., Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL; Robert
Kraaipoel, P.O. Box 418, Heerhugowaard,
Netherlands 1700AK; Robert Kraaipoel,
Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL; Niels 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,
Heerhugowaard, Netherlands 1700AA; Mia
Van Gemert, P.O. Box 418, Heerhugowaard,
Netherlands 1700AK; Mia Van Gemert,
Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL; Mojir Trading, P.O. Box
18118 , Jabel-Ali Free Zone, Dubai-UAE; Reza
Amidi, P.O. Box 18118 , Jabel-Ali Free Zone,
Dubai-UAE; Lavantia, Ltd., 16 Kyraikou
Matsi Ave, 3rd Floor, 1082 Nicosia, Cyprus;
Lavantia, Ltd., Strovolou 77, Strovolos Center
Suite 202, Strovolos P.C. 2018, Nicosia,
Cyprus; Mita Zarek, 16 Kyraikou Matsi Ave,
3rd Floor, 1082 Nicosia, Cyprus; Mita Zarek,
Strovolou 77, Strovolos Center Suite 202,
Strovolos P.C. 2018, Nicosia, Cyprus;
Respondents.
Order Renewing Temporary Denial
Order
Pursuant to Section 766.24(d) 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 renew for 180 days an Order
temporarily denying the export
privileges under the EAR (‘‘TDO’’) of:
(1) AVIATION SERVICES
INTERNATIONAL B.V., P.O. Box 418,
Heerhugowaard, Netherlands 1700AK,
and Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL.
(2) DELTA LOGISTICS, B.V., P.O. Box
418, Heerhugowaard, Netherlands
1700AK, and Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL.
(3) ROBERT KRAAIPOEL, P.O. Box
418, Heerhugowaard, Netherlands
1700AK, and Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL.
(4) NIELS KRAAIPOEL, P.O. Box 418,
Heerhugowaard, Netherlands 1700AK,
and Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL.
(5) T.P.C., B.V., P.O. Box 418,
Heerhugowaard, Netherlands 1700AK,
1 The EAR are currently codified at 15 CFR Parts
730–774 (2008). 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 CFR, 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’’).
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Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Notices
and Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL, and P.O. Box 11,
Heerhugowaard, Netherlands 1700AA.
(6) MIA VAN GEMERT, P.O. Box 418,
Heerhugowaard, Netherlands 1700AK,
and Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL.
(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, and Strovolou 77, Strovolos
Center Suite 202, Strovolos P.C. 2018,
Nicosia, Cyprus.
(10) MITA ZAREK, 16 Kyraikou Matsi
Ave, 3rd Floor,1082 Nicosia, Cyprus,
and Strovolou 77, Strovolos Center
Suite 202, Strovolos P.C. 2018, Nicosia,
Cyprus.
(hereinafter collectively referred to as
the ‘‘Respondents’’) for 180 days.
On October 1, 2007, I found that the
evidence presented by BIS
demonstrated that the Respondents have
knowingly violated the EAR on multiple
occasions between 2005 and 2007, by
making false statements regarding the
end-user and country of ultimate
destination involving the export of
items subject to the EAR from the
United States. The evidence showed
that Respondents concealed the true
ultimate destination for the items,
which was Iran, and that Respondents
did not have the required U.S.
Government authorization for the
transactions. Additionally, in August
2007, Respondents Aviation Services
International B.V. (‘‘ASI’’), Robert
Kraaipoel, Delta Logistics B.V. (‘‘Delta’’)
and T.P.C. B.V. (‘‘TPC’’) were criminally
charged with five counts for similar
misconduct involving the unlicensed
export of U.S. origin items to Iran,
including criminal violations of IEEPA
and false statements as well. I further
found that such violations had been
significant, deliberate and covert, and
were likely to occur again, especially
given the nature of the transactions. For
these reasons, I found that an imminent
violation existed within the meaning of
Section 766.24(b)(2). As such, a
Temporary Denial Order (‘‘TDO’’) was
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. Issuance of the TDO, rendered
effective as of October 10, 2007, the date
of publication in the Federal Register,
was consistent with the public interest
to preclude future violations of the EAR.
OEE has presented additional
evidence showing that on multiple
occasions Lavantia, Ltd. and its owner,
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19:21 Apr 10, 2008
Jkt 214001
Mita Zarek, have knowingly violated the
TDO by continuing to engage in
unauthorized transactions involving
items subject to the EAR. Specifically,
evidence shows that on or about
November 26, 2007 and on or about
February 9, 2008, shipper’s export
declarations (‘‘SEDs’’) were filed in the
Automated Tracking System, listing
Lavantia, Ltd. as the ultimate consignee
for exports involving U.S. origin items
subject to the EAR. The SEDs show that
Respondents Lavantia, Ltd. and Mita
Zarek are using a different address in
Cyprus to receive the items. The new
address is Strovolou 77, Strovolos
Center Suite 202, Strovolos P.C. 2018,
Nicosia, Cyprus.
In addition, the criminal charges
against ASI, Robert Kraaipoel, Delta and
TPC are still pending, and an arrest
warrant is outstanding for Robert
Kraaipoel.
I now find, based on the
circumstances that led to the initial
issuance of the TDO and the additional
evidence supplied by OEE, that the
renewal of this TDO for a period of the
180 days is necessary and in the public
interest, to prevent an imminent
violation of the EAR. I also find it
necessary to add the additional address
for Respondents Lavantia, Ltd. and Mita
Zarek to the Order. All parties to this
TDO have been given notice of the
request for renewal.
It is therefore ordered:
First, that the Respondents,
AVIATION SERVICES
INTERNATIONAL B.V., P.O. Box 418,
Heerhugowaard, Netherlands 1700AK,
and Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL; DELTA
LOGISTICS, B.V., P.O. Box 418,
Heerhugowaard, Netherlands 1700AK,
and Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL; ROBERT
KRAAIPOEL, Director and Principal
Officer of Aviation Services
International B.V., P.O. Box 418,
Heerhugowaard, Netherlands 1700AK,
and Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL; NIELS
KRAAIPOEL, Aviation Services
International Sales Manager, P.O. Box
418, Heerhugowaard, Netherlands
1700AK, and Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL;
T.P.C., B.V., P.O. Box 418,
Heerhugowaard, Netherlands 1700AK,
and Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL, and P.O. Box 11,
Heerhugowaard, Netherlands 1700AA;
MIA VAN GEMERT, Managing Director
of Aviation Services International, P.O.
Box 418, Heerhugowaard, Netherlands
1700AK, and Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL;
MOJIR TRADING, P.O. Box 18118,
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Jabel-Ali Free Zone, Dubai-UAE; REZA
AMIDI, P.O. Box 18118, Jabel-Ali Free
Zone, Dubai-UAE; LAVANTIA, LTD., 16
Kyraikou Matsi Ave, 3rd Floor, 1082
Nicosia, Cyprus, and Strovolou 77,
Strovolos Center Suite 202, Strovolos
P.C. 2018, Nicosia, Cyprus; and MITA
ZAREK, owner of Lavantia, Ltd., 16
Kyraikou Matsi Ave, 3rd Floor,1082
Nicosia, Cyprus, and Strovolou 77,
Strovolos Center Suite 202, Strovolos
P.C. 2018, 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 acquires or
attempts to acquire such ownership,
possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Persons of
any item subject to the EAR that has
been exported from the United States;
D. Obtain from the Denied Persons in
the United States any item subject to the
EAR with knowledge or reason to know
that the item will be, or is intended to
be, exported from the United States; or
E. Engage in any transaction to service
any item subject to the EAR that has
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mstockstill on PROD1PC66 with NOTICES
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.
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 as of the date
that it is signed and shall remain in
effect for 180 days.
Entered this 4th day of April 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. E8–7683 Filed 4–10–08; 8:45 am]
BILLING CODE 3510–DT–P
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19:21 Apr 10, 2008
Jkt 214001
DEPARTMENT OF COMMERCE
International Trade Administration
A–533–838
Carbazole Violet Pigment 23 from
India: Final Results of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce
SUMMARY: On December 7, 2007, the
Department of Commerce published the
preliminary results of the administrative
review of the antidumping duty order
on carbazole violet pigment 23 from
India. The review covers exports of this
merchandise to the United States by
Alpanil Industries for the period of
review December 1, 2005, through
November 30, 2006. We gave interested
parties an opportunity to comment on
the preliminary results. Based on our
analysis of the comments we received
from interested parties and the
information we obtained after the
preliminary results, we have made
changes in the margin calculation for
the final results of this review. The final
weighted–average margin is listed below
in the Final Results of Review section of
this notice.
EFFECTIVE DATE: April 11, 2008.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun at (202) 482–5760 or
Richard Rimlinger at (202) 482–4477,
AD/CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 7, 2007, the Department
of Commerce (the Department)
published the preliminary results of
review on carbazole violet pigment 23
(CVP 23) from India and invited
interested parties to comment. See
Carbazole Violet Pigment 23 from India:
Preliminary Results of Antidumping
Duty Administrative Review, 72 FR
69184 (December 7, 2007) (Preliminary
Results). On January 10, 2008, Alpanil
Industries (Alpanil) filed a case brief in
which the company raised two
substantive issues. On January 15, 2008,
the petitioners1 and a domestic
interested party2 filed rebuttal briefs.
Scope of the Order
The merchandise subject to this
antidumping duty order is CVP 23
1 Nation Ford Chemical Company and Sun
Chemical Corporation.
2 Clariant Corporation.
PO 00000
Frm 00010
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19811
identified as Color Index No. 51319 and
Chemical Abstract No. 6358–30–1, with
the chemical name of diindolo [3,2 b:3
,2 -m]3 triphenodioxazine, 8,18–
dichloro–5, 15–diethyl–5, 15–dihydro-,
and molecular formula of
C34H22Cl2N4O2. The subject
merchandise includes the crude
pigment in any form (e.g., dry powder,
paste, wet cake) and finished pigment in
the form of presscake and dry color.
Pigment dispersions in any form (e.g.,
pigment dispersed in oleoresins,
flammable solvents, water) are not
included within the scope of the
investigation. The merchandise subject
to this antidumping duty order is
classifiable under subheading
3204.17.90.40 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of this order is dispositive.
Analysis of the Comments Received
All issues raised in the case and
rebuttal briefs by interested parties to
this review are addressed in the Issues
and Decision Memorandum (Decision
Memo) from Deputy Assistant Secretary
Stephen J. Claeys to Assistant Secretary
David M. Spooner dated April 7, 2008,
which is hereby adopted by this notice.
A list of the issues which parties have
raised and to which we have responded
in the Decision Memo is attached to this
notice as an Appendix. The Decision
Memo, which is a public document, is
on file in the Central Records Unit
(CRU), main Department of Commerce
building, Room 1117, and is accessible
on the Web at https://ia.ita.doc.gov/frn/
index.html. The paper copy and
electronic version of the Decision Memo
are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments
received and based on our own analysis
of the preliminary results, we have
made changes to the margin calculation
with respect to three issues.
Sales Analyzed
Data we obtained from U.S. Customs
and Border Protection (CBP) after we
received the case and rebuttal briefs
indicated that additional sales of subject
merchandise Alpanil reported in its U.S.
sales database entered the United States
3 The bracketed section of the product
description, [3,2-b:3 ,2 -m], is not businessproprietary information. In this case, the brackets
are simply part of the chemical nomenclature. See
Notice of Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order:
Carbazole Violet Pigment 23 From India, 69 FR
77988 (December 29, 2004) (Antidumping Duty
Order).
E:\FR\FM\11APN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Notices]
[Pages 19809-19811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7683]
-----------------------------------------------------------------------
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., P.O. Box 418, Heerhugowaard,
Netherlands 1700AK; Delta Logistics B.V., Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL; Robert Kraaipoel, P.O. Box 418,
Heerhugowaard, Netherlands 1700AK; Robert Kraaipoel, Fleming Straat
36, Heerhugowaard, Netherlands 1704SL; Niels 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,
Heerhugowaard, Netherlands 1700AA; Mia Van Gemert, P.O. Box 418,
Heerhugowaard, Netherlands 1700AK; Mia Van Gemert, Fleming Straat
36, Heerhugowaard, Netherlands 1704SL; Mojir Trading, P.O. Box 18118
, Jabel-Ali Free Zone, Dubai-UAE; Reza Amidi, P.O. Box 18118 ,
Jabel-Ali Free Zone, Dubai-UAE; Lavantia, Ltd., 16 Kyraikou Matsi
Ave, 3rd Floor, 1082 Nicosia, Cyprus; Lavantia, Ltd., Strovolou 77,
Strovolos Center Suite 202, Strovolos P.C. 2018, Nicosia, Cyprus;
Mita Zarek, 16 Kyraikou Matsi Ave, 3rd Floor, 1082 Nicosia, Cyprus;
Mita Zarek, Strovolou 77, Strovolos Center Suite 202, Strovolos P.C.
2018, Nicosia, Cyprus; Respondents.
Order Renewing Temporary Denial Order
Pursuant to Section 766.24(d) 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 renew for 180 days an Order
temporarily denying the export privileges under the EAR (``TDO'') of:
---------------------------------------------------------------------------
\1\ The EAR are currently codified at 15 CFR Parts 730-774
(2008). 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 CFR,
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'').
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(1) AVIATION SERVICES INTERNATIONAL B.V., P.O. Box 418,
Heerhugowaard, Netherlands 1700AK, and Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL.
(2) DELTA LOGISTICS, B.V., P.O. Box 418, Heerhugowaard, Netherlands
1700AK, and Fleming Straat 36, Heerhugowaard, Netherlands 1704SL.
(3) ROBERT KRAAIPOEL, P.O. Box 418, Heerhugowaard, Netherlands
1700AK, and Fleming Straat 36, Heerhugowaard, Netherlands 1704SL.
(4) NIELS KRAAIPOEL, P.O. Box 418, Heerhugowaard, Netherlands
1700AK, and Fleming Straat 36, Heerhugowaard, Netherlands 1704SL.
(5) T.P.C., B.V., P.O. Box 418, Heerhugowaard, Netherlands 1700AK,
[[Page 19810]]
and Fleming Straat 36, Heerhugowaard, Netherlands 1704SL, and P.O. Box
11, Heerhugowaard, Netherlands 1700AA.
(6) MIA VAN GEMERT, P.O. Box 418, Heerhugowaard, Netherlands
1700AK, and Fleming Straat 36, Heerhugowaard, Netherlands 1704SL.
(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, and Strovolou 77, Strovolos Center Suite 202, Strovolos P.C.
2018, Nicosia, Cyprus.
(10) MITA ZAREK, 16 Kyraikou Matsi Ave, 3rd Floor,1082 Nicosia,
Cyprus, and Strovolou 77, Strovolos Center Suite 202, Strovolos P.C.
2018, Nicosia, Cyprus.
(hereinafter collectively referred to as the ``Respondents'') for 180
days.
On October 1, 2007, I found that the evidence presented by BIS
demonstrated that the Respondents have knowingly violated the EAR on
multiple occasions between 2005 and 2007, by making false statements
regarding the end-user and country of ultimate destination involving
the export of items subject to the EAR from the United States. The
evidence showed that Respondents concealed the true ultimate
destination for the items, which was Iran, and that Respondents did not
have the required U.S. Government authorization for the transactions.
Additionally, in August 2007, Respondents Aviation Services
International B.V. (``ASI''), Robert Kraaipoel, Delta Logistics B.V.
(``Delta'') and T.P.C. B.V. (``TPC'') were criminally charged with five
counts for similar misconduct involving the unlicensed export of U.S.
origin items to Iran, including criminal violations of IEEPA and false
statements as well. I further found that such violations had been
significant, deliberate and covert, and were likely to occur again,
especially given the nature of the transactions. For these reasons, I
found that an imminent violation existed within the meaning of Section
766.24(b)(2). As such, a Temporary Denial Order (``TDO'') was 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. Issuance of the TDO,
rendered effective as of October 10, 2007, the date of publication in
the Federal Register, was consistent with the public interest to
preclude future violations of the EAR.
OEE has presented additional evidence showing that on multiple
occasions Lavantia, Ltd. and its owner, Mita Zarek, have knowingly
violated the TDO by continuing to engage in unauthorized transactions
involving items subject to the EAR. Specifically, evidence shows that
on or about November 26, 2007 and on or about February 9, 2008,
shipper's export declarations (``SEDs'') were filed in the Automated
Tracking System, listing Lavantia, Ltd. as the ultimate consignee for
exports involving U.S. origin items subject to the EAR. The SEDs show
that Respondents Lavantia, Ltd. and Mita Zarek are using a different
address in Cyprus to receive the items. The new address is Strovolou
77, Strovolos Center Suite 202, Strovolos P.C. 2018, Nicosia, Cyprus.
In addition, the criminal charges against ASI, Robert Kraaipoel,
Delta and TPC are still pending, and an arrest warrant is outstanding
for Robert Kraaipoel.
I now find, based on the circumstances that led to the initial
issuance of the TDO and the additional evidence supplied by OEE, that
the renewal of this TDO for a period of the 180 days is necessary and
in the public interest, to prevent an imminent violation of the EAR. I
also find it necessary to add the additional address for Respondents
Lavantia, Ltd. and Mita Zarek to the Order. All parties to this TDO
have been given notice of the request for renewal.
It is therefore ordered:
First, that the Respondents, AVIATION SERVICES INTERNATIONAL B.V.,
P.O. Box 418, Heerhugowaard, Netherlands 1700AK, and Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL; DELTA LOGISTICS, B.V., P.O. Box 418,
Heerhugowaard, Netherlands 1700AK, and Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL; ROBERT KRAAIPOEL, Director and
Principal Officer of Aviation Services International B.V., P.O. Box
418, Heerhugowaard, Netherlands 1700AK, and Fleming Straat 36,
Heerhugowaard, Netherlands 1704SL; NIELS KRAAIPOEL, Aviation Services
International Sales Manager, P.O. Box 418, Heerhugowaard, Netherlands
1700AK, and Fleming Straat 36, Heerhugowaard, Netherlands 1704SL;
T.P.C., B.V., P.O. Box 418, Heerhugowaard, Netherlands 1700AK, and
Fleming Straat 36, Heerhugowaard, Netherlands 1704SL, and P.O. Box 11,
Heerhugowaard, Netherlands 1700AA; MIA VAN GEMERT, Managing Director of
Aviation Services International, P.O. Box 418, Heerhugowaard,
Netherlands 1700AK, and Fleming Straat 36, Heerhugowaard, Netherlands
1704SL; MOJIR TRADING, P.O. Box 18118, Jabel-Ali Free Zone, Dubai-UAE;
REZA AMIDI, P.O. Box 18118, Jabel-Ali Free Zone, Dubai-UAE; LAVANTIA,
LTD., 16 Kyraikou Matsi Ave, 3rd Floor, 1082 Nicosia, Cyprus, and
Strovolou 77, Strovolos Center Suite 202, Strovolos P.C. 2018, Nicosia,
Cyprus; and MITA ZAREK, owner of Lavantia, Ltd., 16 Kyraikou Matsi Ave,
3rd Floor,1082 Nicosia, Cyprus, and Strovolou 77, Strovolos Center
Suite 202, Strovolos P.C. 2018, 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 acquires
or attempts to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the Denied Persons of any item subject to
the EAR that has been exported from the United States;
D. Obtain from the Denied Persons in the United States any item
subject to the EAR with knowledge or reason to know that the item will
be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the EAR
that has
[[Page 19811]]
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.
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 as of the date that it is signed and shall
remain in effect for 180 days.
Entered this 4th day of April 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E8-7683 Filed 4-10-08; 8:45 am]
BILLING CODE 3510-DT-P
