Action Affecting Export Privileges; Ali Amirnazmi; Order Denying Export Privileges, 11756-11757 [2011-4820]

Download as PDF 11756 Federal Register / Vol. 76, No. 42 / Thursday, March 3, 2011 / Notices VIII. Adjourn. CONTACT PERSON FOR FURTHER INFORMATION: Lenore Ostrowsky, Acting Chief, Public Affairs Unit (202) 376– 8591. TDD: (202) 376–8116. Persons with a disability requiring special services, such as an interpreter for the hearing impaired, should contact Pamela Dunston at least seven days prior to the meeting at 202–376–8105. TDD: (202) 376–8116. Dated: March 1, 2011. Kimberly Tolhurst, Senior Attorney-Advisor. [FR Doc. 2011–4919 Filed 3–1–11; 4:15 pm] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Action Affecting Export Privileges; Ali Amirnazmi; Order Denying Export Privileges In the Matter of: Ali Amirnazmi, Register #63302–066, FCI Allenwood Low, Federal Correctional Institution, P.O. Box 1000, White Deer, PA 17887 and 547 Green Hill Lane, Berwyn, PA 19312. srobinson on DSKHWCL6B1PROD with NOTICES On January 11, 2010, in the U.S. District Court for the Eastern District of Pennsylvania, Ali Amirnazmi (‘‘Amirnazmi’’) was found guilty on three counts of violating the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq. (2000)) (‘‘IEEPA’’); one count of conspiracy to violate the IEEPA (18 U.S.C. 371 (2000)); three counts of making false statements to Federal officials (18 U.S.C. 1001 (2000)), and three counts of bank fraud (18 U.S.C. 1344 (2000)). Amirnazmi, a citizen of both the United States and Iran, engaged in financial and business transactions with companies in Iran between November 1996 and June 2008 without obtaining the proper licenses from the U.S. Department of Treasury’s Office of Foreign Assets Control. Amirnazmi was sentenced to a prison term of 48 months and ordered to pay restitution in the amount of $17,277.37. He will also serve five years of supervised release and forfeit $81,277.37. Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or ‘‘Regulations’’) 1 provides, in pertinent 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR Parts 730– 774 (2010). The Regulations issued pursuant to the Export Administration Act (50 U.S.C. app. sections 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)), which has been extended by successive Presidential Notices, the VerDate Mar<15>2010 16:47 Mar 02, 2011 Jkt 223001 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 766.25(a); see also Section 11(h) of the EAA, 50 U.S.C. app. section 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 766.25(d); see also 50 U.S.C. app. section 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. I have received notice of Amirnazmi’s conviction for violating IEEPA, and have provided notice and an opportunity for Amirnazmi to make a written submission to BIS, as provided in Section 766.25 of the Regulations. I have not received a submission from Amirnazmi. 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 Amirnazmi’s export privileges under the Regulations for a period of ten years from the date of Amirnazmi’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Amirnazmi had an interest at the time of his conviction. Accordingly, It is hereby ordered I. Until January 11, 2020, Ali Amirnazmi, with the last known addresses at: Register #63302–066, FCI Allenwood Low, Federal Correctional Institution, P.O. Box 1000, White Deer, PA 17887, and 547 Green Hill Lane, Berwyn, PA 19312, and when acting for or on behalf of Amirnazmi, 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 most recent being that of August 12, 2010 (75 FR 50,681, August 16, 2010), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq. (2000)). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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, 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. E:\FR\FM\03MRN1.SGM 03MRN1 Federal Register / Vol. 76, No. 42 / Thursday, March 3, 2011 / Notices 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 Amirnazmi by affiliation, ownership, control or position of responsibility in the conduct of trade or related services may also be 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 foreignproduced direct product of U.S.-origin technology. V. This Order is effective immediately and shall remain in effect until January 11, 2020. VI. In accordance with Part 756 of the Regulations, Amirnazmi 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 the Amirnazmi. This Order shall be published in the Federal Register. Issued this 7th day February, 2011. Bernard Kritzer, Director, Office of Exporter Services. [FR Doc. 2011–4820 Filed 3–2–11; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–965] Drill Pipe From the People’s Republic of China: Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (the ‘‘ITC’’), the Department is issuing an antidumping duty order on drill pipe from the People’s Republic of China (‘‘PRC’’). On February 24, 2011, the ITC notified the Department of its affirmative determination of threat of material injury to a U.S. industry, and its negative determination of critical circumstances. See Drill Pipe and Drill Collars from China (Investigation Nos. 701–TA–474 and 731–TA–1176 (Final), srobinson on DSKHWCL6B1PROD with NOTICES AGENCY: VerDate Mar<15>2010 16:47 Mar 02, 2011 Jkt 223001 USITC Publication 4213, February 2011). DATES: Effective Date: March 3, 2011. FOR FURTHER INFORMATION CONTACT: Toni Dach or Susan Pulongbarit, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–1655 or (202) 482–4031, respectively. SUPPLEMENTARY INFORMATION: Background On January 11, 2011, the Department published its affirmative final determination of sales at less than fair value in the antidumping duty investigation of drill pipe from the PRC. See Drill Pipe From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value and Critical Circumstances, 76 FR 1966 (January 11, 2011) (‘‘Final Determination’’). On February 8, 2011, the Department published its amended final determination of sales at less than fair value in antidumping duty investigation of drill pipe from the PRC. See Drill Pipe From the People’s Republic of China: Amended Final Determination of Critical Circumstances, 76 FR 6762 (February 8, 2011). On February 24, 2011, the ITC notified the Department of its final determination pursuant to section 735(b)(1)(A)(ii) of the Tariff Act of 1930, as amended (the ‘‘Act’’), that an industry in the United States is threatened with material injury by reason of less than fair value imports of subject merchandise from the PRC. See letter from the ITC to the Deputy Assistant Secretary of Commerce for Antidumping and Countervailing Duty Operations, dated February 24, 2011. In addition, the ITC notified the Department of its final determination that critical circumstances do not exist with respect to imports of subject merchandise from the PRC that are subject to the Department’s affirmative critical circumstances finding. Pursuant to section 736(a) of the Act, the Department is publishing an antidumping duty order on drill pipe from the PRC. Scope of the Order The products covered by the order are steel drill pipe, and steel drill collars, whether or not conforming to American Petroleum Institute (‘‘API’’) or non-API specifications. Included are finished drill pipe and drill collars without regard to the specific chemistry of the steel (i.e., carbon, stainless steel, or PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 11757 other alloy steel), and without regard to length or outer diameter. Also included are unfinished drill collars (including all drill collar green tubes) and unfinished drill pipe (including drill pipe green tubes, which are tubes meeting the following description: seamless tubes with an outer diameter of less than or equal to 65⁄8 inches (168.28 millimeters), containing between 0.16 and 0.75 percent molybdenum, and containing between 0.75 and 1.45 percent chromium). The scope does not include tool joints not attached to the drill pipe, nor does it include unfinished tubes for casing or tubing covered by any other antidumping or countervailing duty order. The subject products are currently classified in the following Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) categories: 7304.22.0030, 7304.22.0045, 7304.22.0060, 7304.23.3000, 7304.23.6030, 7304.23.6045, 7304.23.6060, 8431.43.8040 and may also enter under 8431.43.8060, 8431.43.4000, 7304.39.0028, 7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044, 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.49.0015, 7304.49.0060, 7304.59.8020, 7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040, 7304.59.8045, 7304.59.8050, and 7304.59.8055. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Antidumping Duty Order On February 24, 2011, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determination that an industry in the United States is threatened with material injury within the meaning of section 735(b)(1)(A)(ii) of the Act by reason of less-than-fair-value imports of drill pipe from the PRC. Because the ITC’s final determination is based on the threat of material injury and is not accompanied by a finding that injury would have resulted but for the imposition of suspension of liquidation of entries since the Department’s preliminary determination, section 736(b)(2) of the Act is applicable. Therefore, the Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to terminate the suspension of liquidation, and to liquidate without regard to antidumping duties, unliquidated entries of drill pipe from the PRC entered, or withdrawn from warehouse, for consumption prior to the publication E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 76, Number 42 (Thursday, March 3, 2011)]
[Notices]
[Pages 11756-11757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4820]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Ali Amirnazmi; Order Denying 
Export Privileges

    In the Matter of: Ali Amirnazmi, Register 63302-066, 
FCI Allenwood Low, Federal Correctional Institution, P.O. Box 1000, 
White Deer, PA 17887 and 547 Green Hill Lane, Berwyn, PA 19312.

    On January 11, 2010, in the U.S. District Court for the Eastern 
District of Pennsylvania, Ali Amirnazmi (``Amirnazmi'') was found 
guilty on three counts of violating the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq. (2000)) (``IEEPA''); one 
count of conspiracy to violate the IEEPA (18 U.S.C. 371 (2000)); three 
counts of making false statements to Federal officials (18 U.S.C. 1001 
(2000)), and three counts of bank fraud (18 U.S.C. 1344 (2000)). 
Amirnazmi, a citizen of both the United States and Iran, engaged in 
financial and business transactions with companies in Iran between 
November 1996 and June 2008 without obtaining the proper licenses from 
the U.S. Department of Treasury's Office of Foreign Assets Control. 
Amirnazmi was sentenced to a prison term of 48 months and ordered to 
pay restitution in the amount of $17,277.37. He will also serve five 
years of supervised release and forfeit $81,277.37.
    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 766.25(a); see also 
Section 11(h) of the EAA, 50 U.S.C. app. section 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 766.25(d); see also 50 
U.S.C. app. section 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.
---------------------------------------------------------------------------

    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2010). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. app. 
sections 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)), which has been 
extended by successive Presidential Notices, the most recent being 
that of August 12, 2010 (75 FR 50,681, August 16, 2010), has 
continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq. (2000)).
---------------------------------------------------------------------------

    I have received notice of Amirnazmi's conviction for violating 
IEEPA, and have provided notice and an opportunity for Amirnazmi to 
make a written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Amirnazmi. 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 Amirnazmi's export privileges under the 
Regulations for a period of ten years from the date of Amirnazmi's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Amirnazmi had an interest at the 
time of his conviction.
    Accordingly, It is hereby ordered
    I. Until January 11, 2020, Ali Amirnazmi, with the last known 
addresses at: Register 63302-066, FCI Allenwood Low, Federal 
Correctional Institution, P.O. Box 1000, White Deer, PA 17887, and 547 
Green Hill Lane, Berwyn, PA 19312, and when acting for or on behalf of 
Amirnazmi, 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, 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.

[[Page 11757]]

    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 Amirnazmi by affiliation, 
ownership, control or position of responsibility in the conduct of 
trade or related services may also be 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 January 11, 2020.
    VI. In accordance with Part 756 of the Regulations, Amirnazmi 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 the Amirnazmi. This 
Order shall be published in the Federal Register.

    Issued this 7th day February, 2011.
 Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2011-4820 Filed 3-2-11; 8:45 am]
BILLING CODE 3510-DT-P
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