Action Affecting Export Privileges; Afshin Rezaei, 8917-8918 [2010-3994]

Agencies

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

[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Notices]
[Pages 8917-8918]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3994]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Afshin Rezaei

    In the Matter of: Afshin Rezaei, 2310 Valley Brook Way, NE., 
Atlanta, GA 30319.

Order Denying Export Privileges

    On May 15, 2008, in the U.S. District Court for the Northern 
District of Georgia, Afshin Rezaei (``Rezaei'') pleaded guilty to 
violating the International Emergency Economic Powers Act (50 U.S.C. 
1701-1706 (2000)) (``IEEPA'') for knowingly and willfully exporting and 
causing to be exported laptop computers from the United States to Iran 
without having obtained the required authorization from the U.S. 
Department of the Treasury. Rezaei was sentenced to time

[[Page 8918]]

served, followed by three years of supervised release.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director 
of the Office of Exporter Services, in consultation with the Director 
of the Office of Export Enforcement, may deny the export privileges of 
any person who has been convicted of a violation of the [Export 
Administration Act (``EAA'')], the EAR, or any order, license or 
authorization issued thereunder; any regulation, license, or order 
issued under the International Emergency Economic Powers Act (50 U.S.C. 
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal 
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms 
Export Control Act (22 U.S.C. 2778).'' 15 CFR Section 766.25(a); see 
also Section 11(h) of the EAA, 50 U.S.C. app. Sec.  2410(h). The denial 
of export privileges under this provision may be for a period of up to 
10 years from the date of the conviction. 15 CFR Section 766.25(d); see 
also 50 U.S.C. app. Sec.  2410(h). In addition, Section 750.8 of the 
Regulations states that the Bureau of Industry and Security's Office of 
Exporter Services may revoke any Bureau of Industry and Security 
(``BIS'') licenses previously issued in which the person had an 
interest in at the time of his conviction.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2009). The Regulations 
are issued pursuant to the Export Administration Act (``EAA''), 
which is currently codified at 50 U.S.C. app. Sec. Sec.  2401-2420 
(2000). 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)), which has been extended by successive 
Presidential Notices, the most recent being that of August 13, 2009 
(74 FR 41,325 (August 14, 2009)), has continued the Regulations in 
effect under the International Emergency Economic Powers Act (50 
U.S.C. 1701-1706 (2000)).
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    I have received notice of Rezaei's conviction for violating IEEPA, 
and have provided notice and an opportunity for Rezaei to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Rezaei. Based upon 
my review and consultations with BIS's Office of Export Enforcement, 
including its Director, and the facts available to BIS, I have decided 
to deny Rezaei's export privileges under the Regulations for a period 
of ten years from the date of Rezaei's conviction. I have also decided 
to revoke all licenses issued pursuant to the Act or Regulations in 
which Rezaei had an interest at the time of his conviction.
    Accordingly, it is hereby
    Ordered.
    I. Until May 15, 2018, Afshin Rezaei, with a last known address at: 
2310 Valley Brook Way, NE., Atlanta, GA 30319, and when acting for or 
on behalf of Rezaei, his representatives, assigns, agents, or 
employees, (collectively referred to hereinafter as the ``Denied 
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. Benefitting 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 Denied Person any item 
subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Denied 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 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.
    III. After notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to Afshin Rezaei 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 if necessary to prevent evasion of the Order.
    IV. This Order does not prohibit any export, reexport, 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.
    V. This Order is effective immediately and shall remain in effect 
until May 15, 2018.
    VI. In accordance with Part 756 of the Regulations, Rezaei may file 
an appeal of this Order with the Under Secretary of Commerce for 
Industry and Security. The appeal must be filed within 45 days from the 
date of this Order and must comply with the provisions of Part 756 of 
the Regulations.
    VII. A copy of this Order shall be delivered to Rezaei. This Order 
shall be published in the Federal Register.

    Issued this February 18, 2010.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2010-3994 Filed 2-25-10; 8:45 am]
BILLING CODE 3510-DT-P