Action Affection Export Privileges: Orion Air S.L.; Syrian Pearl Airlines, 24786-24787 [E9-12046]
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Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices
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 Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied 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 Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied 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.
Fourth, that, after notice and
opportunity for comment as provided in
Section 766.23 of the Regulations, any
person, firm, corporation, or business
organization related to Ayadpoor 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.
Fifth, that the proposed charging
letter, the Settlement Agreement, and
this Order shall be made available to the
public.
Sixth, that this Order shall be served
on the Denied Person and on BIS, and
shall be published in the Federal
Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
Entered this 15th day of May, 2009.
Kevin Delli-Colli,
Acting Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. E9–12190 Filed 5–22–09; 8:45 am]
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20:08 May 22, 2009
Jkt 217001
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affection Export Privileges:
Orion Air S.L.; Syrian Pearl Airlines
In the Matter of:
Orion Air, S.L., Canada Real de Merinas, 7
Edificio 5, 3’A, Eissenhower Business
Center, 28042 Madrid, Spain.
Ad. de las Cortes Valencianas no 37, Esc.A
Puerta 45 46015 Valencia, Spain.
Syrian Pearl Airlines, Damascus International
Airport, Damascus, Syria. Respondents.
Order Temporarily Denying Export
Privileges
Pursuant to Section 766.24 of the Export
Administration Regulations (‘‘EAR’’),1 the
Bureau of Industry and Security (‘‘BIS’’), U.S.
Department of Commerce, through its Office
of Export Enforcement (‘‘OEE’’), has
requested that I issue an Order temporarily
denying, for a period of 180 days, the export
privileges under the EAR of:
1. Orion Air, S.L., Canada Real de Merinas,
7 Edificio 5, 3’A, Eissenhower Business
Center, 28042 Madrid, Spain and Ad. de
las Cortes Valencianas no 37, Esc.A
Puerta 45 46015 Valencia, Spain.
2. Syrian Pearl Airlines, Damascus
International Airport, Damascus, Syria.
BIS has presented evidence that on or
about May 1, 2009, Orion Air re-exported a
BAE 146–300 aircraft (tail number EC–JVO)
to Syria and specifically to Syrian Pearl
Airways without the U.S. Government
authorization required by General Order No.
2 of Supplement 1 to Part 736 of the EAR.
This re-export took place after Orion Air had
been directly informed of the export
licensing requirements by the U.S.
Government, and thus had actual as well as
constructive notice of those licensing
requirements, and occurred despite
assurances made by Orion Air that it would
put the transaction on hold based on the U.S.
Government’s concerns.
The aircraft is powered with four U.S.origin engines and also contains a U.S.-origin
auxiliary power unit (‘‘APU’’) and electronic
flight instrumentation system (‘‘EFIS’’), all of
which are items subject to the EAR. The
engines and APU are classified as Export
Control Classification Number (‘‘ECCN’’)
9A991.d and the EFIS is classified as ECCN
7A994. Because the aircraft contains greater
than a 10 percent de minimis of U.S.-origin
items, a fact Orion Air acknowledged, the
aircraft is also subject to the EAR if reexported to Syria and is classified as ECCN
9A991.b. No license was obtained from BIS
1 The EAR is currently codified at 15 CFR Parts
730–774 (2009). The EAR are issued under the
Export Administration Act of 1979, as amended (50
U.S.C. app. 2401–2420 (2000)) (‘‘EAA’’). Since
August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive presidential
notices, the most recent being that of 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’’).
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for export or re-export of the U.S.-origin parts
contained in the aircraft, nor the aircraft
itself. BIS has also produced evidence that
the re-exported aircraft bears the livery,
colors and logos of Syrian Pearl Airlines, a
national of Syria, a country group E:1
destination.
Moreover, BIS argues that future violations
of the EAR are imminent based on statements
by Orion Air to the U.S. Government that
Orion Air plans to re-export an additional
BAE 146–300 aircraft, currently located in
Spain, to Syria and specifically to Syrian
Pearl Airlines. This information is
corroborated by publically available
information in the Syrian press and
contained in industry data bases. Based on
this evidence, including Orion’s recent reexport to Syria in violation of the EAR, it is
highly likely that this additional aircraft will
be re-exported to Syria contrary to U.S.
export control laws.
I find that the evidence presented by BIS
demonstrates that a violation of the
Regulations is imminent in both time and
degree of likelihood. The conduct in this case
is deliberate, significant and likely to occur
again absent the issuance of a TDO. As such,
a TDO is needed to give notice to persons
and companies in the United States and
abroad that they should cease dealing with
the Respondents in export transactions
involving items subject to the EAR. Such a
TDO is consistent with the public interest to
preclude future violations of the EAR.
Accordingly, I find that a TDO naming
Orion Air and Syrian Pearl Airlines is
necessary, in the public interest, to prevent
an imminent violation of the EAR.
This Order is being issued on an ex parte
basis without a hearing based upon BIS’s
showing of an imminent violation.
It Is Therefore Ordered:
First, that, Orion Air, S.L., Canada Real de
Merinas, 7 Edificio 5, 3’A, Eissenhower
Business Center, 28042 Madrid, Spain, and
Ad. de las Cortes Valencianas no 37, Esc.A
Puerta 4546015 Valencia, Spain; and Syrian
Pearl Airlines, Damascus International
Airport, Damascus, Syria. (each a ‘‘Denied
Person’’ and collectively the ‘‘Denied
Persons’’) may not, directly or indirectly,
participate in any way in any transaction
involving any commodity, software or
technology (hereinafter collectively referred
to as ‘‘item’’) exported or to be exported from
the United States that is subject to the Export
Administration Regulations (‘‘EAR’’), or in
any other activity subject to the EAR
including, but not limited to:
A. Applying for, obtaining, or using any
license, license exception, or export control
document;
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.
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Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices
Second, that no person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf of any
Denied Person any item subject to the EAR;
B. Take any action that facilitates the
acquisition or attempted acquisition by any
Denied Person of the ownership, possession,
or control of any item subject to the EAR that
has been or will be exported from the United
States, including financing or other support
activities related to a transaction whereby
any Denied Person acquires or attempts to
acquire such ownership, possession or
control;
C. Take any action to acquire from or to
facilitate the acquisition or attempted
acquisition from any Denied Person of any
item subject to the EAR that has been
exported from the United States;
D. Obtain from any Denied Person in the
United States any item subject to the EAR
with knowledge or reason to know that the
item will be, or is intended to be, exported
from the United States; or
E. Engage in any transaction to service any
item subject to the EAR that has been or will
be exported from the United States and
which is owned, possessed or controlled by
any Denied Person, or service any item, of
whatever origin, that is owned, possessed or
controlled by any Denied Person if such
service involves the use of any item subject
to the EAR that has been or will be exported
from the United States. For purposes of this
paragraph, servicing means installation,
maintenance, repair, modification or testing.
Third, that after notice and opportunity for
comment as provided in section 766.23 of the
EAR, any other person, firm, corporation, or
business organization related to any of the
Respondents by affiliation, ownership,
control, or position of responsibility in the
conduct of trade or related services may also
be made subject to the provisions of this
Order.
Fourth, that this Order does not prohibit
any export, reexport, or other transaction
subject to the EAR where the only items
involved that are subject to the EAR are the
foreign-produced direct product of U.S.origin technology.
In accordance with the provisions of
Section 766.24(e) of the EAR, the
Respondents may, at any time, appeal this
Order by filing a full written statement in
support of the appeal with the Office of the
Administrative Law Judge, U.S. Coast Guard
ALJ Docketing Center, 40 South Gay Street,
Baltimore, Maryland 21202–4022.
In accordance with the provisions of
Section 766.24(d) of the EAR, BIS may seek
renewal of this Order by filing a written
request not later than 20 days before the
expiration date. The Respondents may
oppose a request to renew this Order by filing
a written submission with the Assistant
Secretary for Export Enforcement, which
must be received not later than seven days
before the expiration date of the Order.
A copy of this Order shall be served on the
Respondents and shall be published in the
Federal Register.
This Order is effective upon issuance and
shall remain in effect for 180 days.
VerDate Nov<24>2008
20:08 May 22, 2009
Jkt 217001
Entered this 7th day of May 2009.
Kevin Delli-Colli,
Acting Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. E9–12046 Filed 5–22–09; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice Requesting Nominations for the
Advisory Committee on Commercial
Remote Sensing (ACCRES)
AGENCY: U.S. Department of Commerce,
National Oceanic and Atmospheric
Administration.
SUMMARY: The Advisory Committee on
Commercial Remote Sensing (ACCRES)
was constituted to advise the Secretary
of Commerce through the Under
Secretary of Commerce for Oceans and
Atmosphere on matters relating to the
U.S. commercial remote sensing
industry and NOAA’s activities to carry
out responsibilities of the Department of
Commerce set forth in the Land Remote
Sensing Policy Act of 1992 (15 U.S.C.
Secs 5621–5625). The Committee is
composed of leaders in the commercial
space-based remote sensing industry,
space-based remote sensing data users,
government (federal, state, local), and
academia. The Department of Commerce
is seeking up to five highly qualified
individuals knowledgeable about the
commercial space-based remote sensing
industry and uses of space-based remote
sensing data to serve on the Committee.
DATES: Nominations must be
postmarked on or before June 25, 2009.
SUPPLEMENTARY INFORMATION: ACCRES
was established by the Secretary of
Commerce (Secretary) on May 21, 2002,
to advise the Secretary through the
Under Secretary of Commerce for
Oceans and Atmosphere on relating to
the U.S. commercial remote sensing
industry and NOAA’s activities to carry
out responsibilities of the Department of
Commerce set forth in the Land Remote
Sensing Policy Act of 1992 (15 U.S.C.
Secs 5621–5625).
The Committee meets twice a year.
Committee members serve in a
representative capacity for a term of two
years and may serve additional terms, if
reappointed. No more than 15
individuals may serve on the
Committee. Membership is comprised of
highly qualified individuals
representing the commercial spacebased remote sensing industry, spacebased remote sensing data users,
government (Federal, State, local), and
academia from a balance of geographical
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24787
regions. Nominations are encouraged
from all interested persons and
organizations representing interests
affected by the U.S. commercial space
based remote sensing industry.
Nominees must possess demonstrable
expertise in a field related to the spaced
based commercial remote sensing
industry or exploitation of space based
commercial remotely sensed data and be
able to attend committee meetings that
are held usually two times per year. In
addition, selected candidates must
apply for and obtain a security
clearance. Membership is voluntary,
and service is without pay.
Each nomination submission should
include the proposed committee
member’s name and organizational
affiliation, a cover letter describing the
nominee’s qualifications and interest in
serving on the Committee, a curriculum
vitae or resume of nominee, and no
more than three supporting letters
describing the nominee’s qualifications
and interest in serving on the
Committee. Self-nominations are
acceptable. The following contact
information should accompany each
submission: The nominee’s name,
address, phone number, fax number,
and e-mail address if available.
Nominations should be sent to
Director, Commercial Remote Sensing
Regulatory Affairs Office, 1335 East
West Highway, Room 8260, Silver
Spring, Maryland 20910. Nominations
must be received by June 25, 2009. The
full text of the Committee Charter and
its current membership can be viewed at
the Agency’s Web page at https://
www.accres.noaa.gov/.
FOR FURTHER INFORMATION CONTACT:
ACCRES Administration, NOAA
Commercial Remote Sensing Regulatory
Affairs Office, 1335 East West Highway,
Room 8119, Silver Spring, Maryland
20910; telephone (301) 713–1644, fax
(301) 713–0204, e-mail
CRSRA@noaa.gov.
Mary E. Kicza,
Assistant Administrator for Satellite and
Information Services.
[FR Doc. E9–12117 Filed 5–22–09; 8:45 am]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review;
Comment Request
The United States Patent and
Trademark Office (USPTO) will submit
to the Office of Management and Budget
(OMB) for clearance the following
proposal for collection of information
E:\FR\FM\26MYN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Pages 24786-24787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12046]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affection Export Privileges: Orion Air S.L.; Syrian Pearl
Airlines
In the Matter of:
Orion Air, S.L., Canada Real de Merinas, 7 Edificio 5, 3'A,
Eissenhower Business Center, 28042 Madrid, Spain.
Ad. de las Cortes Valencianas no 37, Esc.A Puerta 45 46015 Valencia,
Spain.
Syrian Pearl Airlines, Damascus International Airport, Damascus,
Syria. Respondents.
Order Temporarily Denying Export Privileges
Pursuant to Section 766.24 of the Export Administration
Regulations (``EAR''),\1\ the Bureau of Industry and Security
(``BIS''), U.S. Department of Commerce, through its Office of Export
Enforcement (``OEE''), has requested that I issue an Order
temporarily denying, for a period of 180 days, the export privileges
under the EAR of:
---------------------------------------------------------------------------
\1\ The EAR is currently codified at 15 CFR Parts 730-774
(2009). The EAR are issued under the Export Administration Act of
1979, as amended (50 U.S.C. app. 2401-2420 (2000)) (``EAA''). Since
August 21, 2001, the Act has been in lapse and the President,
through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp.
783 (2002)), which has been extended by successive presidential
notices, the most recent being that of 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. Orion Air, S.L., Canada Real de Merinas, 7 Edificio 5, 3'A,
Eissenhower Business Center, 28042 Madrid, Spain and Ad. de las
Cortes Valencianas no 37, Esc.A Puerta 45 46015 Valencia, Spain.
2. Syrian Pearl Airlines, Damascus International Airport, Damascus,
Syria.
BIS has presented evidence that on or about May 1, 2009, Orion
Air re-exported a BAE 146-300 aircraft (tail number EC-JVO) to Syria
and specifically to Syrian Pearl Airways without the U.S. Government
authorization required by General Order No. 2 of Supplement 1 to
Part 736 of the EAR. This re-export took place after Orion Air had
been directly informed of the export licensing requirements by the
U.S. Government, and thus had actual as well as constructive notice
of those licensing requirements, and occurred despite assurances
made by Orion Air that it would put the transaction on hold based on
the U.S. Government's concerns.
The aircraft is powered with four U.S.-origin engines and also
contains a U.S.-origin auxiliary power unit (``APU'') and electronic
flight instrumentation system (``EFIS''), all of which are items
subject to the EAR. The engines and APU are classified as Export
Control Classification Number (``ECCN'') 9A991.d and the EFIS is
classified as ECCN 7A994. Because the aircraft contains greater than
a 10 percent de minimis of U.S.-origin items, a fact Orion Air
acknowledged, the aircraft is also subject to the EAR if re-exported
to Syria and is classified as ECCN 9A991.b. No license was obtained
from BIS for export or re-export of the U.S.-origin parts contained
in the aircraft, nor the aircraft itself. BIS has also produced
evidence that the re-exported aircraft bears the livery, colors and
logos of Syrian Pearl Airlines, a national of Syria, a country group
E:1 destination.
Moreover, BIS argues that future violations of the EAR are
imminent based on statements by Orion Air to the U.S. Government
that Orion Air plans to re-export an additional BAE 146-300
aircraft, currently located in Spain, to Syria and specifically to
Syrian Pearl Airlines. This information is corroborated by
publically available information in the Syrian press and contained
in industry data bases. Based on this evidence, including Orion's
recent re-export to Syria in violation of the EAR, it is highly
likely that this additional aircraft will be re-exported to Syria
contrary to U.S. export control laws.
I find that the evidence presented by BIS demonstrates that a
violation of the Regulations is imminent in both time and degree of
likelihood. The conduct in this case is deliberate, significant and
likely to occur again absent the issuance of a TDO. As such, a TDO
is needed to give notice to persons and companies in the United
States and abroad that they should cease dealing with the
Respondents in export transactions involving items subject to the
EAR. Such a TDO is consistent with the public interest to preclude
future violations of the EAR.
Accordingly, I find that a TDO naming Orion Air and Syrian Pearl
Airlines is necessary, in the public interest, to prevent an
imminent violation of the EAR.
This Order is being issued on an ex parte basis without a
hearing based upon BIS's showing of an imminent violation.
It Is Therefore Ordered:
First, that, Orion Air, S.L., Canada Real de Merinas, 7 Edificio
5, 3'A, Eissenhower Business Center, 28042 Madrid, Spain, and Ad. de
las Cortes Valencianas no 37, Esc.A Puerta 4546015 Valencia, Spain;
and Syrian Pearl Airlines, Damascus International Airport, Damascus,
Syria. (each a ``Denied Person'' and collectively the ``Denied
Persons'') may not, directly or indirectly, participate in any way
in any transaction involving any commodity, software or technology
(hereinafter collectively referred to as ``item'') exported or to be
exported from the United States that is subject to the Export
Administration Regulations (``EAR''), or in any other activity
subject to the EAR including, but not limited to:
A. Applying for, obtaining, or using any license, license
exception, or export control document;
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.
[[Page 24787]]
Second, that no person may, directly or indirectly, do any of
the following:
A. Export or reexport to or on behalf of any Denied Person any
item subject to the EAR;
B. Take any action that facilitates the acquisition or attempted
acquisition by any Denied Person of the ownership, possession, or
control of any item subject to the EAR that has been or will be
exported from the United States, including financing or other
support activities related to a transaction whereby any Denied
Person acquires or attempts to acquire such ownership, possession or
control;
C. Take any action to acquire from or to facilitate the
acquisition or attempted acquisition from any Denied Person of any
item subject to the EAR that has been exported from the United
States;
D. Obtain from any Denied Person in the United States any item
subject to the EAR with knowledge or reason to know that the item
will be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the
EAR that has been or will be exported from the United States and
which is owned, possessed or controlled by any Denied Person, or
service any item, of whatever origin, that is owned, possessed or
controlled by any Denied Person if such service involves the use of
any item subject to the EAR that has been or will be exported from
the United States. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification or testing.
Third, that after notice and opportunity for comment as provided
in section 766.23 of the EAR, any other person, firm, corporation,
or business organization related to any of the Respondents by
affiliation, ownership, control, or position of responsibility in
the conduct of trade or related services may also be made subject to
the provisions of this Order.
Fourth, that this Order does not prohibit any export, reexport,
or other transaction subject to the EAR where the only items
involved that are subject to the EAR are the foreign-produced direct
product of U.S.-origin technology.
In accordance with the provisions of Section 766.24(e) of the
EAR, the Respondents may, at any time, appeal this Order by filing a
full written statement in support of the appeal with the Office of
the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center,
40 South Gay Street, Baltimore, Maryland 21202-4022.
In accordance with the provisions of Section 766.24(d) of the
EAR, BIS may seek renewal of this Order by filing a written request
not later than 20 days before the expiration date. The Respondents
may oppose a request to renew this Order by filing a written
submission with the Assistant Secretary for Export Enforcement,
which must be received not later than seven days before the
expiration date of the Order.
A copy of this Order shall be served on the Respondents and
shall be published in the Federal Register.
This Order is effective upon issuance and shall remain in effect
for 180 days.
Entered this 7th day of May 2009.
Kevin Delli-Colli,
Acting Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E9-12046 Filed 5-22-09; 8:45 am]
BILLING CODE 3510-DT-P
