Action Affecting Export Privileges; Islamic Republic of Iran Shipping Lines et al, 17166-17171 [E9-8533]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security
• Industry and Security Bureau

[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Notices]
[Pages 17166-17171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8533]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Islamic Republic of Iran 
Shipping Lines et al.

    In the Matter of:

Islamic Republic of Iran Shipping Lines, No. 37, Aseman Tower, 
Sayyade Shirazee Square, Pasdaran Avenue, P.O. Box 19395-1311, 
Tehran, Iran; No. 37, Corner of 7th Narenjestan, Sayad Shirazi 
Square, After

[[Page 17167]]

Noboyand Square, Pasdaran Avenue, Tehran, Iran;
Tadbir Sanaat Sharif Technology Development Center, First Floor, No. 
25, Shahid Siadat Boulevard, North Zanjan Street, Yadegar Emam 
Highway, Tehran, Iran; Icarus Marine (Pty) Ltd., 1 River Street, 
Rosebank, Cape Town, South Africa; Respondents.

Starry Shine International Limited, Suite B 12/F, Two Chinachem 
Plaza, 135 Des Voeux Road, Central, Hong Kong, Peoples Republic of 
China;
Ghasem Nabipour, Suite B 12/F, Two Chinachem Plaza, 135 Des Voeux 
Road, Central, Hong Kong, Peoples Republic of China; and No 143 
Shahid Lavasani Avenue, Farmanieh, Tehran, Iran;
Ahmad Sarkandi, Suite B 12/F, Two Chinachem Plaza, 135 Des Voeux 
Road, Central, Hong Kong, Peoples Republic of China; and No 143 
Shahid Lavasani Avenue, Farmanieh, Tehran, Iran; and 2 Abbey Road, 
Barking Essex 1G11 7AX, London, England;
Shawn Hugo de Villiers, 1 River Street, Rosebank, Cape Town, 7700, 
South Africa; and 39 Myburgii Street, Somerset West, Western Cape, 
South Africa;
Gunther Migeotte, Titangata 1, N-1630 Gamle Fredrikstad, Norway; and 
1 River Street, Rosebank, Cape Town, 7700, South Africa; and P.O. 
Box 36623, Menlo Park, 0102, South Africa; and 16 Manu Rua, 262 
Sprite Avenue, Faerie Glen, 0081, South Africa;
Icarus Design AS, Titangata 1, N-1630 Gamle Fredrikstad, Norway; 
Related Persons

Order Making Temporary Denial of Export Privileges Applicable to 
Related Persons

    Pursuant to Section 766.23 of the Export Administration Regulations 
(``EAR'' or ``Regulations''), the Bureau of Industry and Security 
(``BIS''), U.S. Department of Commerce, through its Office of Export 
Enforcement (``OEE''), has requested that I make the temporary denial 
order that was issued against the above-named Respondents Islamic 
Republic of Iran Shipping Lines (``IRISL''), Tadbir Sanaat Sharif 
Technology Development Center (``TSS''), and Icarus Marine (Pty) Ltd. 
(``Icarus Marine'') on January 23, 2009, and published in the Federal 
Register on February 6, 2009 (74 FR 6,465) (hereinafter referred to as 
the ``TDO'') applicable to the following entities and individuals, as 
persons related to the Respondent IRISL or Respondent Icarus Marine:

Starry Shine International Limited, Suite B 12/F, Two Chinachem 
Plaza, 135 Des Voeux Road, Central, Hong Kong, Peoples Republic of 
China;
Ghasem Nabipour, Suite B 12/F, Two Chinachem Plaza, 135 Des Voeux 
Road, Central, Hong Kong, Peoples Republic of China; and No 143 
Shahid Lavasani Avenue, Farmanieh, Tehran, Iran;
Ahmad Sarkandi, Suite B 12/F, Two Chinachem Plaza, 135 Des Voeux 
Road, Central, Hong Kong, Peoples Republic of China; and No 143 
Shahid Lavasani Avenue, Farmanieh, Tehran, Iran; and 2 Abbey Road, 
Barking Essex 1G11 7AX, London, England;
Shawn Hugo de Villiers, 1 River Street, Rosebank, Cape Town, 7700, 
South Africa; and 39 Myburgii Street, Somerset West, Western Cape, 
South Africa;
Gunther Migeotte, Titangata 1, N-1630 Gamle Fredrikstad, Norway; and 
1 River Street, Rosebank, Cape Town, 7700, South Africa; and P.O. 
Box 36623, Menlo Park, 0102, South Africa; and 16 Manu Rua, 262 
Sprite Avenue, Faerie Glen, 0081, South Africa;
Icarus Design AS, Titangata 1, N-1630 Gamle Fredrikstad, Norway.

I. Background

A. The TDO

    The TDO, effective upon issuance on January 23, 2009, denies the 
export privileges of Respondents IRISL, TSS, and Icarus Marine for 180 
days pursuant to Section 766.24 of the Regulations. The TDO issued 
based upon my review of the evidence and determination that issuance of 
the TDO was necessary in the public interest to prevent an imminent 
violation of the Regulations. As more fully set forth in the TDO, the 
evidence showed, inter alia, that the Respondents were about to violate 
the EAR by re-exporting a Bladerunner 51 powerboat, the ``Bradstone 
Challenger,'' to TSS in Iran for intended use by the Iranian 
Revolutionary Guard Corps (``IRGC'') Navy. The TDO also discussed 
evidence indicating that the vessel the M/V ``Diplomat'' (a/k/a the 
``Iran Diplomat'') was going to be used to effect that unlawful 
transaction by transporting the Bradstone Challenger from South Africa 
to Iran.
    The TDO was sent by fax to IRISL, TSS, and Icarus Marine on the 
same day that it was issued, January 23, 2009. In spite of the issuance 
of the TDO prohibiting the re-export of the Bradstone Challenger and 
broadly prohibiting any participation in the export or re-export of 
other items subject to the Regulations, the Respondents engaged in the 
re-export of the Bradstone Challenger from South Africa to Iran. 
Consistent with BIS's evidence and my findings in the TDO, the M/V 
Diplomat was used to complete the re-export, as the Bradstone 
Challenger was transported on the Diplomat beginning on or about 
January 24, 2009. In addition, subsequent to the issuance of the TDO, 
BIS received a letter from Respondent TSS on January 28, 2009, in which 
TSS admitted that it was the owner of the Bradstone Challenger. None of 
the Respondents has appealed or challenged the TDO.

B. Related Persons Notice Letters

    Pursuant to Section 766.23, BIS notified Ghasem Nabipour, Ahmad 
Sarkandi, and Starry Shine International Limited (``Starry Shine'') of 
its intent to add them as persons related to Respondent IRISL by 
ownership, control, position of responsibility, affiliation, or other 
connection in the conduct of trade or business, through letters dated 
February 2, 2009 and sent to them in accordance with Sections 766.5(b) 
and 766.23(b). BIS similarly notified Gunther Migeotte, Shawn Hugo de 
Villiers, and Icarus Design AS of its intent to add them as persons 
related to Respondent Icarus Marine, through letters dated and sent to 
them on February 12, 2009. Each of these six notice letters also 
requested that the respective person provide information to BIS 
concerning the recipients' role and contractual relationship with 
either IRISL or Icarus Marine. In addition, the letters requested 
information regarding affiliates and subsidiaries associated with the 
recipients and/or Respondents, as well as any other relevant mitigating 
information and supporting documentation.
    Mr. Nabipour and Mr. Sarkandi responded by letters dated February 
27, 2009, via a London-based law firm representing both of them. Mr. de 
Villiers responded by letter dated March 3, 2009, which he submitted on 
Icarus Marine letterhead and signed as Managing Director of Icarus 
Marine. No response has been received from Starry Shine, Icarus Design 
or Mr. Migeotte.

II. Related Persons Under Section 766.23

    Section 766.23(a) of the Regulations provides that:

    In order to prevent evasion, certain types of orders under [Part 
766] may be made applicable not only to the respondent, but also to 
other persons then or thereafter related to the respondent by 
ownership, control, position of responsibility, affiliation, or 
other connection in the conduct of trade or business. Orders that 
may be made applicable to related persons include those that deny or 
affect export privileges, including temporary denial orders, and 
those that exclude a respondent from practice before BIS. 15 CFR 
766.23(a).

    Section 766.23(b) provides, in pertinent part and in conjunction 
with Section 766.24, that upon a finding by the Assistant Secretary for 
Export Enforcement that a TDO should be made applicable to a related 
person or persons in order to prevent evasion of the TDO, the Assistant 
Secretary shall amend the

[[Page 17168]]

TDO by adding those related persons to the TDO. 15 CFR 766.23(b).

III. Findings

Starry Shine

    BIS requested that Starry Shine be added to the TDO as a Related 
Person to Respondent IRISL. BIS has presented evidence indicating, 
inter alia, that Starry Shine is listed as the owner of the M/V 
Diplomat, the vessel that was used to re-export the Bradstone 
Challenger to Iran in violation of the TDO and U.S. export control 
laws; that Starry Shine's only two directors are Ghasem Nabipour and 
Ahmad Sarkandi, who themselves are persons related to IRISL (as 
discussed further below); and that IRISL continues to manage and 
operate the M/V Diplomat. Starry Shine has not opposed being added to 
the TDO, either to challenge that it is related to IRISL or that adding 
it to the TDO is justified to prevent evasion.
    BIS also has presented evidence indicating, moreover, that 
beginning in 2008, Respondent IRISL has engaged in a pattern of evasive 
conduct with Starry Shine and other related entities, by transferring 
ownership (or at least nominal ownership) of the M/V Diplomat and other 
vessels subject to United States Government export restrictions to 
Starry Shine and other co-located entities established at or about the 
same time and under the direction of Mr. Nabipour and Mr. Sarkandi. 
Although listed ownership of these entities has been transferred and 
they no loner fly under an Iranian flag, IRISL has continued to manage 
and operate them. Furthermore, in published interviews, IRISL's 
Chairman has acknowledged the use of such methods to evade U.S. export 
control sanctions.
    For example, from 1985, when the vessel first took sail, until 
2008, the M/V Diplomat flew under an Iranian flag, was owned by IRISL, 
and was named the Iran Mufateh. This ship was added as a blocked vessel 
in September 2008 by the Department of the Treasury's Office of Foreign 
Assets Control (``OFAC'') to its list of specially designated nationals 
(``SDN''), at the same time Respondent IRISL became listed as an SDN. 
According to the Hong Kong Government corporate registry Web site, as 
of June 2008, the M/V Diplomat is owned by Starry Shine. Shortly before 
that listed transfer, Ghasem Nabipour and Ahmad Sarkandi had been 
appointed as directors of Starry Shine on the same day in March 2008. 
The M/V Diplomat sails under a Hong Kong flag, but is still operated 
and managed by IRISL.
    Besides the M/V Diplomat, Starry Shine owns two other vessels, the 
Delight and the Apollo, both of which, like the Diplomat, were owned by 
IRISL until 2008 and continue to be managed and operated by IRISL. The 
Delight was also designated as a blocked vessel by OFAC at the same 
time that the Diplomat was so designated.
    BIS also has presented evidence that Starry Shine's only two 
directors--Mr. Nabipour and Mr. Sarkandi--also are the only two 
directors of other entities formed and used for the same evasive 
purposes and co-located with Starry Shine, including at least Top 
Glacier Company Limited, Top Prestige Trading Limited and Ideal Success 
Investments Limited. Like Starry Shine, each of those entities is the 
nominal owner of at least one vessel designated as a blocked vessel by 
OFAC in September 2008, and, in the case of these three entities, IRISL 
remains the beneficial owner of those vessels.
    Furthermore, even in the short time since the issuance of TDO, 
IRISL has taken action in an effort to evade U.S. export control laws. 
In early March 2009, after issuance of the TDO in late January 2009, 
and its publication and the unlawful re-export of the Bradstone 
Challenger to Iran via the M/V Diplomat in February 2009, Starry Shine 
changed the name of the M/V Diplomat to M/V Amplify. Given the 
suspicious timing of this name change and the fact that it did not 
result from a change in ownership or management, the evidence indicates 
that Starry Shine intends to continue working in concert with IRISL and 
others to evade the TDO and the Regulations and to use the M/V Diplomat 
for that purpose as well.
    Based on the foregoing and the evidence as a whole in this matter, 
I find that Starry Shine is a person related to IRISL by ``ownership, 
control, position of responsibility, affiliation, or other connection 
in the conduct of trade or business'' pursuant to Section 766.23 of the 
Regulations, and that the TDO should be made applicable to Starry Shine 
in order to prevent evasion of that order.

Ghasem Nabipour

    BIS requested that Mr. Nabipour be added as a Related Person based 
on evidence that he is a person related to IRISL, a fact he has 
admitted in his response, as described in greater detail below. In 
addition, BIS has also now obtained and presented evidence indicating 
that Mr. Nabipour likewise is affiliated with other persons related to 
IRISL, further strengthening BIS's request to add him as a related 
person.
    In his response, Mr. Nabipour admits that he manages the day-to-day 
ship operations of IRISL and also admits that he ``holds a position of 
responsibility'' within IRISL. Mr. Nabipour nonetheless asserts, 
without supporting citation or authority, that he should not be added 
to the TDO, arguing that the Regulations cannot apply to any activities 
of IRISL or any of its employees and also that he is not in a position 
to contribute or assist in any possible evasion of the TDO.
    Mr. Nabipour's first argument is legally incorrect. The TDO 
discusses why the Bradstone Challenger and its re-export are subject to 
the Regulations, which presents just one example of various activities 
of IRISL and its employees that are or could be subject to the 
Regulations. His second argument is factually incorrect. His admitted 
relationship, role as shipping manager, and position of responsibility 
with IRISL show that he is well-positioned to contribute or assist in 
the evasion of the TDO. In fact, the unlawful re-export of the 
Bradstone Challenger occurred after IRISL had been served with a copy 
of the TDO and the re-export occurred via the M/V Diplomat, but Mr. 
Nabipour failed to take any action to prevent that unlawful re-export 
in violation of the TDO, and presumably participated in that unlawful 
conduct given his role and position at IRISL, as well as his role as 
director of Starry Shine.
    Mr. Nabipour's arguments do not address his role as director of 
Starry Shine, even though the TDO discusses evidence indicating the 
central role that BIS expected to be played by the M/V Diplomat, and 
was in fact played by that IRISL-Starry Shine vessel, in the unlawful 
re-export of the Bradstone Challenger. Nor does Mr. Nabipour address 
the evasive action taken in the re-naming of the M/V Diplomat in early 
March 2009, discussed in the Starry Shine section above, or his role in 
the broader evasion scheme also detailed in the preceding section above 
as director of Top Glacier Company Limited, Top Prestige Trading 
Limited and Ideal Success Investments Limited.
    Based on the foregoing and the evidence as a whole in this matter, 
I find that Ghasem Nabipour is a person related to IRISL by 
``ownership, control, position of responsibility, affiliation, or other 
connection in the conduct of trade or business'' pursuant to Section 
766.23 of the Regulations, and that the TDO should be made applicable 
to Ghasem Nabipour in order to prevent evasion of that order. The 
evidence also indicates that Ghasem Nabipour is a person related to 
Starry Shine, which is being

[[Page 17169]]

added to the TDO pursuant to Section 766.23 and this order.

Ahmad Sarkandi

    BIS also requested that Mr. Sarkandi be added as a Related Person 
to IRISL. BIS presented evidence that Mr. Sarkandi is the Managing 
Director of IRISL UK, a position he admits holding in his response, 
which he states owns and operates ships ``in international transport,'' 
and admits that he exercises a ``position of control'' within IRISL UK. 
He denies being a shareholder or director of IRISL (or a director of 
Icarus Marine or TSS), but has refused to indicate whether he holds any 
other position or role within IRISL. IRISL UK is in any event 
affiliated with IRISL, and Mr. Sarkandi admits that IRISL UK is a 
member of the ``IRISL group.'' BIS also introduced evidence that Mr. 
Sarkandi is Managing Director for IRISL's European Regional Office in 
the UK, where he has been stationed since 2004.
    Like Mr. Nabipour, Mr. Sarkandi mistakenly argues that the 
Regulations cannot apply in any way to IRISL UK or one of its 
directors. He also similarly argues that his position at IRISL UK 
renders him incapable of contributing or assisting in any possible 
evasion of the TDO. He asserts that his activities of IRISL UK are 
limited to ``managing and expending'' IRISL UK's business enterprises 
in the UK, Germany, Belgium, and Italy. He does not argue, however, 
that the shipping operations of these enterprises are limited to those 
countries, indicating instead that IRISL UK owns and operates ships in 
international transport. The record, in any event, suggests that 
IRISL's substantial fleet of vessels frequently call at European, as 
well as Middle Eastern and Asian ports. Mr. Sarkandi refuses to comment 
on his role at Starry Shine, though like Mr. Nabipour, he was notified 
of the role that the Starry Shine's M/V Diplomat played in the re-
export of the Bradstone Challenger to Iran for use by the IRGC Navy. 
His response also omitted his role at other entities organized with Mr. 
Nabipour, purchasing IRISL's blocked vessels, which were discussed 
above.
    Based on the foregoing and the evidence as a whole in this matter, 
I find that Ahmad Sarkandi is a person related to IRISL by ``ownership, 
control, position of responsibility, affiliation, or other connection 
in the conduct of trade or business'' pursuant to Section 766.23 of the 
Regulations, and that the TDO should be made applicable to Ahmad 
Sarkandi in order to prevent evasion of that order. The evidence also 
indicates that Ahmad Sarkandi is a person related to Starry Shine, 
which is being added to the TDO pursuant to Section 766.23 and this 
order.

Shawn Hugo de Villiers

    BIS requested that Shawn Hugo de Villiers be added as a Related 
Person to Respondent Icarus Marine. Mr. de Villiers is Managing 
Director of Icarus Marine, a fact he has admitted in various 
communications with BIS, along with the fact that he and Gunther 
Migeotte are the only two directors of Icarus Marine, where Mr. de 
Villiers is one of only four employees. He also has provided BIS 
evidence that his fellow director/officer, Mr. Migeotte, owns Icarus 
Design, which in turn owns half of Icarus Marine. Mr. de Villiers 
denies involvement by Icarus Marine in ``any dealings as described in 
the'' TDO, including denying knowing ``anything about the sale of this 
boat and that includes its current whereabouts.'' He does admit, 
however, that ``we [Icarus Marine] do know the company TSS * * *''. Mr. 
de Villiers does not elaborate on the nature of that relationship, but 
denies that Icarus Marine has supplied ``any boats or other equipment 
to TSS in the past 24 months.''
    Mr. de Villiers' denials are undermined by the evidence BIS 
submitted in connection with the issuance of the TDO and by additional 
evidence it has since obtained or presented indicating that the 
transaction occurred as described or alleged in the TDO. In addition, 
given Mr. de Villiers' admitted role at Icarus Marine and his statement 
concerning the company's small size, assertions that he lacks knowledge 
of Icarus Marine's dealings or involvement with the Bradstone 
Challenger, or a transaction as significant as that described in the 
TDO, are not credible.
    His denials are further undermined by TSS's January 28, 2009 letter 
claiming ownership of the Bradstone Challenger and by information until 
recently located on TSS's Web site. The TSS Web site, in a statement 
removed shortly after the TDO was published, stated that TSS has 
``prosperous cooperation'' with ``Icarus Design AS (Norway).'' The TSS 
Web site further described Icarus Design as ``an engineering and naval 
architecture company with offices in Alesund Norway and Cape Town[,] 
South Africa. * * *'' While Icarus Design does not have a listed office 
in South Africa, Icarus Marine's office is located in Cape Town, South 
Africa. TSS's admitted knowledge of and dealings with that South Africa 
office, which it apparently considered to be an Icarus Design office or 
branch office, is an additional indication that, contrary to Mr. de 
Villiers' denials, Icarus Marine was involved in the re-export of the 
Bradstone Challenger from South Africa to TSS in Iran for use by the 
IRGC Navy.
    Based on the foregoing and the evidence as a whole in this matter, 
I find that Shawn Hugo de Villiers is a person related to Icarus Marine 
by ``ownership, control, position of responsibility, affiliation, or 
other connection in the conduct of trade or business'' pursuant to 
Section 766.23 of the Regulations, and that the TDO should be made 
applicable to Shawn Hugo de Villiers in order to prevent evasion of 
that order.

Gunther Migeotte

    BIS also requested that Gunther Migeotte be added to the TDO as a 
Related Person to Respondent Icarus Marine. Mr. Migeotte has not filed 
any response opposing his addition to the TDO, or responded to BIS's 
request for information contained in the notice letter, nor has Icarus 
Design, of which Mr. Migeotte is the sole owner, Chairman, and Managing 
Director. I also note that Icarus Marine, which he also controls and 
manages, has not appealed the issuance of the TDO.
    BIS has presented open source evidence confirming that Mr. Migeotte 
is a principal officer and executive director of Icarus Marine. It also 
has obtained evidence from Shawn Hugo de Villiers, Managing Director of 
Icarus Marine, that he and Mr. Migeotte are the directors of Icarus 
Marine and that Mr. Migeotte also is the sole owner and director of 
Icarus Design, which owns 50 percent of Icarus Marine and maintains a 
substantial business relationship with Respondent TSS. Icarus Marine 
participated in and facilitated the sale and unlawful re-export of the 
Bradstone Challenger to Iran despite the TDO. Given his role at Icarus 
Marine, indicating that he either directly participated in or at the 
very least failed to take action to stop or prevent the violation of 
the TDO, there is a clear need to add him as a related person.
    Based on the foregoing and the evidence as a whole in this matter, 
I find that Gunther Migeotte is a person related to Icarus Marine by 
``ownership, control, position of responsibility, affiliation, or other 
connection in the conduct of trade or business'' pursuant to Section 
766.23 of the Regulations, and that the TDO should be made applicable 
to Gunther Migeotte in order to prevent evasion of that order. The 
evidence also indicates that Gunther Migeotte is a person related to 
Icarus Design AS, which is being added to the

[[Page 17170]]

TDO pursuant to Section 766.23 and this order (as discussed below).

Icarus Design, AS

    BIS requested that Icarus Design, AS be added as a Related Person 
to Respondent Icarus Marine. Icarus Design, like its director and owner 
Mr. Migeotte, has not opposed or otherwise responded to BIS's letter 
notifying Icarus Design of its intent to add Icarus Design as a related 
person. However, information supplied by Mr. de Villiers in his 
response letter, which he signed as Managing Director of Icarus Marine, 
substantiates evidence obtained by BIS that Icarus Marine and Icarus 
Design are related persons. Icarus Design owns half of Icarus Marine, 
the other half of which is owned by Icarus Marine Trust. Icarus 
Design's sole owner and sole director is Mr. Migeotte, who along with 
Mr. de Villiers, is one of only two directors of Icarus Marine. 
Moreover, I also note, that Icarus Design also has a business 
relationship with Respondent TSS.
    Based on the foregoing and the evidence as a whole in this matter, 
I find that Icarus Design, AS is a person related to Icarus Marine by 
``ownership, control, position of responsibility, affiliation, or other 
connection in the conduct of trade or business'' pursuant to Section 
766.23 of the Regulations, and that the TDO should be made applicable 
to Icarus Design AS in order to prevent evasion of that order.

IV. Order

    It is Therefore Ordered: First, that having been provided notice 
and opportunity for comment as provided in Section 766.23 of the 
Regulations, Starry Shine International Limited (located at Suite B 12/
F, Two Chinachem Plaza, 135 Des Voeux Road, Central, Hong Kong, Peoples 
Republic of China); Ghasem Nabipour (located at Suite B 12/F, Two 
Chinachem Plaza, 135 Des Voeux Road, Central, Hong Kong, Peoples 
Republic of China; and No 143 Shahid Lavasani Avenue, Farmanieh, 
Tehran, Iran); and Ahmad Sarkandi (located at Suite B 12/F, Two 
Chinachem Plaza, 135 Des Voeux Road, Central, Hong Kong, Peoples 
Republic of China; and No 143 Shahid Lavasani Avenue, Farmanieh, 
Tehran, Iran; and 2 Abbey Road, Barking Essex 1G11 7AX, London, 
England) (each a ``Related Person''), have been determined to be 
related to Respondent IRISL of Tehran, Iran, by affiliation, ownership, 
control, or position of responsibility in the conduct of trade or 
related services, and it has been deemed necessary to make the Order 
temporarily denying the export privileges of the Respondents applicable 
to these Related Persons in order to prevent evasion of the Order.
    Further, having been provided notice and opportunity for comment as 
provided in Section 766.23 of the Regulations, Shawn Hugo de Villiers 
(located at 1 River Street, Rosebank, Cape Town, 7700, South Africa; 
and 39 Myburgii Street, Somerset West, Western Cape, South Africa); 
Gunther Migeotte (located at Titangata 1, N-1630 Gamle Fredrikstad, 
Norway; and 1 River Street, Rosebank, Cape Town, 7700, South Africa; 
and P.O. Box 36623, Menlo Park, 0102, South Africa; and 16 Manu Rua, 
262 Sprite Avenue, Faerie Glen, 0081, South Africa); and Icarus Design 
(located at Titangata 1, N-1630 Gamle Fredrikstad, Norway) (each a 
``Related Person''), have been determined to be related to Respondent 
Icarus Marine (Pty) Ltd., of Cape Town, South Africa, by affiliation, 
ownership, control, or position of responsibility in the conduct of 
trade or related services, and it has been deemed necessary to make the 
Order temporarily denying the export privileges of the Respondents 
applicable to these Related Persons in order to prevent evasion of the 
Order.
    The individuals and entities designated above as a Related Person 
(Starry Shine International Limited, Ghasem Nabipour, Ahmad Sarkandi, 
Shawn Hugo de Villiers, Gunther Migeotte and Icarus Design, AS) are 
collectively the ``Related Persons.''
    Second, that the denial of export privileges described in the 
Orders against Respondents, which were issued on January 23, 2009, and 
published in the Federal Register on February 6, 2009 at 74 Fed. Reg. 
6465, shall be made applicable to each Related Person, as follows:
    I. The Related Person, its successors or assigns, and when acting 
for or on behalf of the Related Person, its officers, representatives, 
agents, or employees (collectively, ``Related Person'') 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 Regulations, or in any other 
activity subject to the Regulations, including, but not limited to:
    A. Applying for, obtaining, or using any license, License 
Exception, or export control document;
    B. Carrying on negotiations concerning, or ordering, buying, 
receiving, using, selling, delivering, storing, disposing of, 
forwarding, transporting, financing, or otherwise servicing in any way, 
any transaction involving any item exported or to be exported from the 
United States that is subject to the Regulations, or in any other 
activity subject to the Regulations; or
    C. Benefiting in any way from any transaction involving any item 
exported or to be exported from the United States that is subject to 
the Regulations, or in any other activity subject to the Regulations.
    II. No person may, directly or indirectly, do any of the following:
    A. Export or reexport to or on behalf of the Related Person any 
item subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Related Person of the ownership, possession, or 
control of any item subject to the Regulations that has been or will be 
exported from the United States, including financing or other support 
activities related to a transaction whereby the Related Person acquires 
or attempts to acquire such ownership, possession or control;
    C. Take any action to acquire from or to facilitate the acquisition 
or attempted acquisition from the Related Person of any item subject to 
the Regulations that has been exported from the United States;
    D. Obtain from the Related Person in the United States any item 
subject to the Regulations with knowledge or reason to know that the 
item will be, or is intended to be, exported from the United States; or
    E. Engage in any transaction to service any item subject to the 
Regulations that has been or will be exported from the United States 
and which is owned, possessed or controlled by the Related Person, or 
service any item, of whatever origin, that is owned, possessed or 
controlled by the Related Person if such service involves the use of 
any item subject to the Regulations that has been or will be exported 
from the United States. For purposes of this paragraph, servicing means 
installation, maintenance, repair, modification or testing.
    Third, that this Order does not prohibit any export, re-export, or 
other transaction subject to the Regulations where the only items 
involved that are subject to the Regulations are the foreign-produced 
direct product of U.S.-origin technology.
    Fourth, that in accordance with the provisions of Section 766.23(c) 
of the Regulations, the Related Persons may, at any time, make an 
appeal related to 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

[[Page 17171]]

South Gay Street, Baltimore, Maryland 21202-4022.
    This Order shall be published in the Federal Register and a copy 
provided to each Related Person.
    This Order is effective upon publication and shall remain in effect 
until the expiration of the TDO on July 22, 2009, unless renewed in 
accordance with the Regulations.

    Entered this 8th day of April 2009.
Kevin Delli-Colli,
Acting Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E9-8533 Filed 4-13-09; 8:45 am]
BILLING CODE 3510-DT-P