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.; Mita Zarek, 60237-60239 [E8-23806]
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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
Bag, Sand, Polypropylene, 26″ x 14″, Green
NSN: 8105–00–142–9345.
NPA: Southeast Vocational Alliance, Inc.,
Houston, TX.
Contracting Activity: DEFENSE LOGISTICS
AGENCY, DEFENSE SUPPLY CENTER
PHILADELPHIA.
Coverage: C-list for the remaining 50% of the
Defense Supply Center Philadelphia
requirement.
Services
Service Type/Location: Base Supply Center,
NAWS China Lake, 1 Administration
Circle, China Lake, CA.
NPA: The Lighthouse for the Blind, Inc.
(Seattle Lighthouse), Seattle, WA
Contracting Activity: DEPT OF THE NAVY,
FISC SAN DIEGO.
Service Type/Location: Custodial Services,
Depot Maintenance Activity Group,
Robins AFB, GA.
NPA: Good Vocations, Inc., Macon, GA.
Contracting Activity: DEPT OF THE AIR
FORCE, FA8501 WR ALC PKO.
Service Type/Location: Laundry Services,
FEMA—NETC, 16825 South Seton
Avenue, Emmitsburg, MD.
NPA: Jeanne Bussard Center, Inc., Frederick,
MD.
Contracting Activity: FEDERAL
EMERGENCY MANAGEMENT
AGENCY, NETC ACQUISITION
SECTION.
Barry S. Lineback,
Acting Director, Program Operations.
[FR Doc. E8–24148 Filed 10–9–08; 8:45 am]
BILLING CODE 6353–01–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Docket T–4–2008]
mstockstill on PROD1PC66 with NOTICES
Foreign-Trade Zone 267-Fargo, ND;
Application for Temporary/Interim
Manufacturing Authority; CNH
America, LLC (Construction
Equipment)
Dated: September 30, 2008.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E8–23889 Filed 10–9–08; 8:45 am]
An application has been submitted to
the Executive Secretary of the Foreign
Trade Zones Board (the Board) by the
Fargo Municipal Airport Authority,
grantee of FTZ 267, requesting
temporary/interim manufacturing (T/
IM) authority within FTZ 267 at the
CNH America, LLC (CNH) construction
equipment manufacturing facility
located in Fargo, North Dakota. The
application was filed on September 30,
2008.
The CNH facilities (about 800
employees) consist of a manufacturing
plant located at 3401 1st Avenue N. and
a warehouse located at 3000 Avenue N.,
within the Midtown Industrial Complex
(FTZ 267–Site 2). Under T/IM
procedures, CNH could produce up to
4,000 wheel loaders annually (HTSUS
VerDate Aug<31>2005
20:11 Oct 09, 2008
Jkt 217001
8429.51). Foreign-sourced components
(representing about 30% of material
value) that would be used in production
include: Vehicle glass (HTSUS 7007.11),
motor controls (8537.10), switches
(8536.50), and transmissions (8483.40).
T/IM authority could be granted for a
period of up to two years. CNH has also
submitted a request for permanent FTZ
manufacturing authority (for which
Board filing is pending), which also
includes the assembly of farm tractors
using similar foreign-sourced inputs.
FTZ procedures would exempt CNH
from customs duty payments on foreign
components used in export production
(estimated to be some 30 percent of the
plant’s shipments). On its domestic
shipments, CNH could defer duty until
the products are entered for
consumption, and choose the duty-free
rate that applies to the finished product
for the foreign components used in
production (duty rates ranging from
2.5% to 5.5%). The company may also
realize certain logistical/procedural
savings as well as savings on materials
that become scrap/waste during
manufacturing.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the following address:
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room 2111,
U.S. Department of Commerce, 1401
Constitution Avenue, NW., Washington,
DC 20230–0002. The closing period for
their receipt is November 10, 2008. A
copy of the application will be available
for public inspection at the Office of the
Foreign-Trade Zones Board’s Executive
Secretary at the address listed above.
BILLING CODE 3510–DS–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.; Mita Zarek
In the Matter of:
Aviation Services International B.V., P.O.
Box 418, Heerhugowaard, Netherlands 1
700AK;
Aviation Services International B.V., Fleming
Straat 36, Heerhugowaard, Netherlands
1704SL;
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
60237
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, PO 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
1704 SL.
(2) Delta Logistics, B.V., P.O. Box 418,
Heerhugowaard, Netherlands 1700AK,
and Fleming Straat 36, Heerhugowaard,
Netherlands 1704 SL.
(3) Robert Kraaipoel, P.O. Box 418,
Heerhugowaard, Netherlands 1700AK,
and Fleming Straat 36, Heerhugowaard,
Netherlands 1704SL.
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 July 23, 2008 (73 FR
43603 (July 25, 2008)), has continued the
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701—
1706 (2000)) (‘‘IEEPA’’).
E:\FR\FM\10OCN1.SGM
10OCN1
mstockstill on PROD1PC66 with NOTICES
60238
Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
(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,
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, JabelAli Free Zone, Dubai-UAE.
(9) Lavantia, Ltd., 16 Kyraikou 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 issued a TDO,
rendered effective as of October 10,
2007, the date of publication in the
Federal Register, against the abovenamed respondents based on a finding
that the evidence presented by BIS
demonstrated that the Respondents
knowingly violated the EAR on multiple
occasions between 2005 and 2007.
Respondents’ misconduct included
making false statements regarding the
end-user and country of ultimate
destination involving the unlicensed
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. The
criminal charges against ASI, Robert
Kraaipoel, Delta and TPC are still
pending and there also is an
outstandstanding arrest warrant for
Robert Kraaipoel. 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
VerDate Aug<31>2005
20:11 Oct 09, 2008
Jkt 217001
existed within the meaning of Section
766.24(b)(2).
On April 4, 2007, I renewed the TDO
for 180 days based on the original
evidence and information that
Respondents Lavantia Ltd. and Mita
Zarek violated the TDO on more than
one occasion and continued to engage in
unauthorized transactions involving
items subject to the EAR. Moreover,
evidence was presented that Lavantia
Ltd. and Mita Zarek were attempting to
evade the TDO by using an alternate
address to receive U.S.-origin goods.
I find the facts and circumstances
which led to the initial TDO and the
April 2008 renewal order continue to
show that renewal of the TDO for an
additional 180 days is necessary and in
the public interest, to prevent an
imminent violation of the EAR.
Furthermore, renewal of the Order 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. 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
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
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
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
E:\FR\FM\10OCN1.SGM
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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
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 coniment 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 1st day of October 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. E8–23806 Filed 10–9–08; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
mstockstill on PROD1PC66 with NOTICES
International Trade Administration
Stanford University; Notice of Decision
on Application for Duty-Free Entry of
Electron Microscopes
This is a decision pursuant to section
6(c) of the Educational, Scientific, and
Cultural Materials Importation Act of
VerDate Aug<31>2005
20:11 Oct 09, 2008
Jkt 217001
1966 (Pub. L. 89–651, as amended by
Pub. L. 106–36; 80 Stat. 897; 15 CFR
part 301). Related records can be viewed
between 8:30 a.m. and 5 p.m. in Room
2104, U.S. Department of Commerce,
14th and Constitution Avenue., NW.,
Washington, DC.
Docket Number: 08–047. Applicant:
Stanford University, Stanford, CA
943005–5126. Instrument: Electron
Microscope, Model Tecnai G2 F20
TWIN. Manufacturer: FEI Company, the
Netherlands. Intended Use: See notice at
73 FR 54560, September 22, 2008.
Comments: None received. Decision:
Approved. No instrument of equivalent
scientific value to the foreign
instrument, for such purposes as these
instruments are intended to be used,
was being manufactured in the United
States at the time the instruments were
ordered. Reasons: The foreign
instrument is an electron microscope
and is intended for research or scientific
educational uses requiring an electron
microscope. We know of no electron
microscope, or any other instrument
suited to these purposes, which was
being manufactured in the United States
at the time of order of each instrument.
Dated: October 6, 2008.
Faye Robinson,
Director, Statutory Import Programs Staff,
Import Administration.
[FR Doc. E8–24202 Filed 10–9–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
(A–475–818)
Certain Pasta from Italy: Notice of
Extension of Final Results of
Antidumping Duty Changed
Circumstances Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 10, 2008.
FOR FURTHER INFORMATION CONTACT: Eric
B. Greynolds, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, Room
4014, 14th Street and Constitution Ave.,
NW, Washington, DC 20230, telephone:
(202) 482–6071.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 19, 2007, the
Department of Commerce (the
Department) published its notice of
initiation of antidumping duty (AD)
changed circumstances review (CCR).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
60239
See Certain Pasta from Italy: Notice of
Initiation of Antidumping Duty Changed
Circumstances Review, 72 FR 65010
(November 19, 2007). On February 22,
2008, the Department published its
notice of preliminary results of AD CCR
and intent to reinstate the AD order. See
Certain Pasta from Italy: Notice of
Preliminary Results of Antidumping
Duty Changed Circumstances Review
and Intent to Reinstate the Antidumping
Duty Order, 73 FR 9769 (February 22,
2008). On August 12, 2008, the
Department extended the due date of
the final results of the AD CCR until
October 6, 2008. See Certain Pasta from
Italy: Notice of Extension of Final
Results of Antidumping Duty Changed
Circumstances Review, 73 FR 46871
(August 12, 2008). On September 17,
2008, Pasta Lensi S.r.L. (Lensi) and the
American Italian Pasta Company (AIPC)
requested to meet with officials from the
Department regarding the AD CCR. That
meeting is currently scheduled for
October 8, 2008, after the current due
date of the final results. On September
29, 2008, the Department placed on the
record of the AD CCR press releases
from the United States Attorney for the
Western District of Missouri and the
Securities and Exchange Administration
(SEC) regarding the AIPC. See the
Memorandum to the File from Eric B.
Greynolds, Program Manager, ‘‘Press
Release from Office of the United States
Attorney for the Western District of
Missouri and the Securities and
Exchange Commission Regarding the
American Italian Pasta Company’’
(September 29, 2008), a public
document on file in the Central Records
Unit (CRU), room 1117 of the main
Department building.
Extension of Time Limit for Final
Results
Under 19 CFR 351.216(e), the
Department will issue the final results
of a CCR within 270 days after the date
on which the Department initiates the
changed circumstances review.
Currently, the final results of the AD
CCR, which cover Lensi, a producer/
exporter of pasta from Italy, and AIPC,
Lensi’s corporate parent and importer of
subject merchandise produced by Lensi,
are due by October 6, 2008. As
explained above, the Department has
placed certain information regarding
Lensi on the record of the AD CCR. In
addition, Lensi and AIPC have
requested to meet with officials from the
Department regarding the AD CCR. See
Memorandum to the File from Eric B.
Greynolds, Program Manager, ‘‘Request
by Pasta Lensi S.r.L. for Meeting with
Assistant Secretary’’ (September 30,
2008), a public document on file in the
E:\FR\FM\10OCN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Pages 60237-60239]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23806]
-----------------------------------------------------------------------
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.; Mita Zarek
In the Matter of:
Aviation Services International B.V., P.O. Box 418, Heerhugowaard,
Netherlands 1 700AK;
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, PO 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 July 23, 2008
(73 FR 43603 (July 25, 2008)), 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., P.O. Box 418,
Heerhugowaard, Netherlands 1700AK, and Fleming Straat 36,
Heerhugowaard, Netherlands 1704 SL.
(2) Delta Logistics, B.V., P.O. Box 418, Heerhugowaard, Netherlands
1700AK, and Fleming Straat 36, Heerhugowaard, Netherlands 1704 SL.
(3) Robert Kraaipoel, P.O. Box 418, Heerhugowaard, Netherlands
1700AK, and Fleming Straat 36, Heerhugowaard, Netherlands 1704SL.
[[Page 60238]]
(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,
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 Kyraikou 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 issued a TDO, rendered effective as of
October 10, 2007, the date of publication in the Federal Register,
against the above-named respondents based on a finding that the
evidence presented by BIS demonstrated that the Respondents knowingly
violated the EAR on multiple occasions between 2005 and 2007.
Respondents' misconduct included making false statements regarding the
end-user and country of ultimate destination involving the unlicensed
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. The criminal charges against ASI, Robert Kraaipoel, Delta and TPC
are still pending and there also is an outstandstanding arrest warrant
for Robert Kraaipoel. 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).
On April 4, 2007, I renewed the TDO for 180 days based on the
original evidence and information that Respondents Lavantia Ltd. and
Mita Zarek violated the TDO on more than one occasion and continued to
engage in unauthorized transactions involving items subject to the EAR.
Moreover, evidence was presented that Lavantia Ltd. and Mita Zarek were
attempting to evade the TDO by using an alternate address to receive
U.S.-origin goods.
I find the facts and circumstances which led to the initial TDO and
the April 2008 renewal order continue to show that renewal of the TDO
for an additional 180 days is necessary and in the public interest, to
prevent an imminent violation of the EAR. Furthermore, renewal of the
Order 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. 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 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
[[Page 60239]]
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 coniment 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 1st day of October 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E8-23806 Filed 10-9-08; 8:45 am]
BILLING CODE 3510-DT-M
