RH International, LLC, 2531 West Maryland Avenue, Tampa, FL 33629, Respondent, Mohammad Reza (a/k/a Ray) Hajian, 2531 West Maryland Avenue, Tampa, FL 33629, Related Person; Order Denying Export Privileges, 19195-19197 [2013-07278]
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Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Notices
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. § 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. § 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 P&P’s
conviction for violating the IEEPA, and
have provided notice and an
opportunity for P&P to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. I have
not received a submission from P&P.
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 P&P’s export
privileges under the Regulations for a
period of 10 years from the date of P&P’s
conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which P&P
had an interest at the time of its
conviction.
Accordingly, it is hereby ordered
I. Until October 18, 2022, P&P
Computers (‘‘P&P’’), with a last known
address at: 2531 West Maryland
Avenue, Tampa, FL 33629, and when
acting for or on behalf of P&P, its
successors or assigns, agents or
employees (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
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17:34 Mar 28, 2013
Jkt 229001
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 P&P 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
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Fmt 4703
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19195
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 October
18, 2022.
VI. In accordance with Part 756 of the
Regulations, P&P 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 P&P. This Order shall be
published in the Federal Register.
Issued this 22nd day of March, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013–07276 Filed 3–28–13; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
RH International, LLC, 2531 West
Maryland Avenue, Tampa, FL 33629,
Respondent, Mohammad Reza (a/k/a
Ray) Hajian, 2531 West Maryland
Avenue, Tampa, FL 33629, Related
Person; Order Denying Export
Privileges
A. Denial of Export Privileges of RH
International, LLC
On October 18, 2012, in the U.S.
District Court, Middle District of Florida
Tampa Division, RH International, LLC
(‘‘RH International’’) was convicted of
violating the International Emergency
Economic Powers Act (50 U.S.C. 1701,
et seq. (2006 & Supp. IV 2010))
(‘‘IEEPA’’). Specifically, RH
International was convicted of
knowingly and willfully conspiring
with other individuals to violate IEEPA
and the Iranian Transactions
Regulations (31 CFR 560.203, 560.204)
by exporting computer and related
equipment from the United States
through the U.A.E. to Iran without first
having obtained the required license
from the Office of Foreign Assets
Control. RH was sentenced to 12 months
of unsupervised probation and a fine of
$400.00.
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 (2012). The Regulations issued pursuant to the
EAA (50 U.S.C. app. §§ 2401–2420 (2000)). Since
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Continued
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19196
Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
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 EAA, the
EAR, of 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.
§ 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.
§ 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 RH
International’s conviction for violating
the IEEPA, and have provided notice
and an opportunity for RH International
to make a written submission to BIS, as
provided in Section 766.25 of the
Regulations. I have not received a
submission from RH International.
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 RH
International’s export privileges under
the Regulations for a period of 10 years
from the date of RH International’s
conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which RH
International had an interest at the time
of its conviction.
B. Denial of Export Privileges of Related
Person
Pursuant to Sections 766.25(h) and
766.23 of the Regulations, the Director
of BIS’s Office of Exporter Services, in
consultation with the Director of BIS’s
Office of Export Enforcement, may take
action to name persons related to a
Respondent by ownership, control,
August 21, 2001, the Export Administration Act
(‘‘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 15, 2012 (77 FR
49699, August 16, 2012), has continued the
Regulations in effect under the IEEPA.
VerDate Mar<15>2010
17:34 Mar 28, 2013
Jkt 229001
position of responsibility, affiliation, or
other connection in the conduct of trade
or business in order to prevent evasion
of a denial order. Mohammad Reza (a/
k/a ‘‘Ray’’) Hajian (‘‘Hajian’’) is the
owner and operator of RH International.
Hajian pled guilty under 18 U.S.C. 371
to one count of conspiracy to violate
IEEPA for his role in falsifying export
control documents in relation to
diverting U.S. origin items to Iran via
the U.A.E. Hajian was sentenced to 48
months in prison, a $10 million dollar
judgment, a special assessment of $100,
and one year of supervised probation.
Hajian is also the owner and operator of
P&P Computers and Nexiant, LLC,
which were also convicted of the same
crime as RH International in related
matters. Therefore, Hajian is related to
RH International by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business. BIS believes that naming
Hajian as a related person to RH
International is necessary to avoid
evasion of the denial order against RH
International.
As provided in Section 766.23 of the
Regulations, I gave notice to Hajian that
his export privileges under the
Regulations could be denied for up to 10
years due to his relationship with RH
International and that BIS believes
naming him as a person related to RH
International would be necessary to
prevent evasion of a denial order
imposed against RH International. In
providing such notice, I gave Hajian an
opportunity to oppose his addition to
the RH International Denial Order as a
related party. Having received no
submission from Hajian, I have decided,
following consultations with BIS’s
Office of Export Enforcement, including
its Director, to name Hajian as a Related
Person to the RH International Denial
Order, thereby denying his export
privileges for 10 years from the date of
RH International’s conviction.
I have also decided to revoke all
licenses issued pursuant to the Act or
Regulations in which the Related Person
had an interest at the time of RH
International’s conviction. The 10 year
denial period will end on October 18,
2022.
Accordingly, it is hereby ordered
I. Until October 18, 2022, RH
International, LLC with last known
addresses at: 2531 West Maryland
Avenue, Tampa, FL 33629, and when
acting for or on behalf of RH
International, its successors or assigns,
agents or employees (collectively
referred to hereinafter as the ‘‘Denied
Person’’), and the following person
related to the Denied Person as defined
by Section 766.23 of the Regulations:
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Mohammad Reza (a/k/a ‘‘Ray’’) Hajian
(‘‘Hajian’’), with a last known address
at: 2531 West Maryland Avenue,
Tampa, FL 33629, and when acting for
or on behalf of Hajian, his
representatives, assigns, agents, or
employees (‘‘the Related Person’’)
(together, the Denied Person and the
Related Person are ‘‘Persons Subject to
this Order’’), 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 Persons Subject to this Order any
item subject to the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Persons Subject to this Order 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 Persons Subject
to this Order acquire or attempt to
acquire such ownership, possession or
control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Persons Subject to
this Order of any item subject to the
Regulations that has been exported from
the United States;
D. Obtain from the Persons Subject to
this Order 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
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Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Notices
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 Persons
Subject to this Order, or service any
item, of whatever origin, that is owned,
possessed or controlled by the Persons
Subject to this Order 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. In addition to the Related Person
named above, 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 the
Denied Person 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 foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until October
18, 2022.
VI. In accordance with Part 756 of the
Regulations, RH International 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. In accordance with Part 756 of the
Regulations, the Related Person may
also 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.
VIII. A copy of this Order shall be
delivered to the Denied Person and the
Related Person. This Order shall be
published in the Federal Register.
Issued this 21st day of March, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013–07278 Filed 3–28–13; 8:45 am]
BILLING CODE 3510–DT–P
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17:34 Mar 28, 2013
Jkt 229001
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation
in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received
requests to conduct administrative
reviews of various antidumping and
countervailing duty orders and findings
with February anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews.
DATES: Effective Date: March 29, 2013.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with February
anniversary dates. With respect to the
antidumping duty orders on Certain
Frozen Warmwater Shrimp from India
and Thailand, the initiation of the
antidumping duty adminstrative review
for these cases will be published in a
separate initiation notice.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
the Department discussed below refer to
the number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (‘‘POR’’), it must notify the
Department within 60 days of
publication of this notice in the Federal
Register. All submissions must be filed
electronically at https://
iaaccess.trade.gov in accordance with
19 CFR 351.303. See Antidumping and
Countervailing Duty Proceedings:
Electronic Filing Procedures;
Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
Such submissions are subject to
verification in accordance with section
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
19197
782(i) of the Tariff Act of 1930, as
amended (‘‘Act’’). Further, in
accordance with 19 CFR
351.303(f)(3)(ii), a copy of each request
must be served on the petitioner and
each exporter or producer specified in
the request.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews,
the Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the POR. We intend to
release the CBP data under
Administrative Protective Order
(‘‘APO’’) to all parties having an APO
within seven days of publication of this
initiation notice and to make our
decision regarding respondent selection
within 21 days of publication of this
Federal Register notice. The
Department invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the applicable
review.
In the event the Department decides
it is necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, the Department has found
that determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, the Department
will not conduct collapsing analyses at
the respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this antidumping
proceeding (i.e., investigation,
administrative review, new shipper
review or changed circumstances
review). For any company subject to this
review, if the Department determined,
or continued to treat, that company as
collapsed with others, the Department
will assume that such companies
continue to operate in the same manner
and will collapse them for respondent
selection purposes. Otherwise, the
Department will not-collapse companies
for purposes of respondent selection.
Parties are requested to (a) identify
which companies subject to review
previously were collapsed, and (b)
provide a citation to the proceeding in
which they were collapsed. Further, if
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]]>Agencies
[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Pages 19195-19197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07278]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
RH International, LLC, 2531 West Maryland Avenue, Tampa, FL
33629, Respondent, Mohammad Reza (a/k/a Ray) Hajian, 2531 West Maryland
Avenue, Tampa, FL 33629, Related Person; Order Denying Export
Privileges
A. Denial of Export Privileges of RH International, LLC
On October 18, 2012, in the U.S. District Court, Middle District of
Florida Tampa Division, RH International, LLC (``RH International'')
was convicted of violating the International Emergency Economic Powers
Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)) (``IEEPA'').
Specifically, RH International was convicted of knowingly and willfully
conspiring with other individuals to violate IEEPA and the Iranian
Transactions Regulations (31 CFR 560.203, 560.204) by exporting
computer and related equipment from the United States through the
U.A.E. to Iran without first having obtained the required license from
the Office of Foreign Assets Control. RH was sentenced to 12 months of
unsupervised probation and a fine of $400.00.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent
[[Page 19196]]
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 EAA, the EAR, of 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. 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 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.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2012). The Regulations
issued pursuant to the EAA (50 U.S.C. app. Sec. Sec. 2401-2420
(2000)). Since August 21, 2001, the Export Administration Act
(``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 15, 2012 (77 FR 49699, August 16, 2012),
has continued the Regulations in effect under the IEEPA.
---------------------------------------------------------------------------
I have received notice of RH International's conviction for
violating the IEEPA, and have provided notice and an opportunity for RH
International to make a written submission to BIS, as provided in
Section 766.25 of the Regulations. I have not received a submission
from RH International. 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 RH International's
export privileges under the Regulations for a period of 10 years from
the date of RH International's conviction. I have also decided to
revoke all licenses issued pursuant to the Act or Regulations in which
RH International had an interest at the time of its conviction.
B. Denial of Export Privileges of Related Person
Pursuant to Sections 766.25(h) and 766.23 of the Regulations, the
Director of BIS's Office of Exporter Services, in consultation with the
Director of BIS's Office of Export Enforcement, may take action to name
persons related to a Respondent by ownership, control, position of
responsibility, affiliation, or other connection in the conduct of
trade or business in order to prevent evasion of a denial order.
Mohammad Reza (a/k/a ``Ray'') Hajian (``Hajian'') is the owner and
operator of RH International. Hajian pled guilty under 18 U.S.C. 371 to
one count of conspiracy to violate IEEPA for his role in falsifying
export control documents in relation to diverting U.S. origin items to
Iran via the U.A.E. Hajian was sentenced to 48 months in prison, a $10
million dollar judgment, a special assessment of $100, and one year of
supervised probation. Hajian is also the owner and operator of P&P
Computers and Nexiant, LLC, which were also convicted of the same crime
as RH International in related matters. Therefore, Hajian is related to
RH International by ownership, control, position of responsibility,
affiliation, or other connection in the conduct of trade or business.
BIS believes that naming Hajian as a related person to RH International
is necessary to avoid evasion of the denial order against RH
International.
As provided in Section 766.23 of the Regulations, I gave notice to
Hajian that his export privileges under the Regulations could be denied
for up to 10 years due to his relationship with RH International and
that BIS believes naming him as a person related to RH International
would be necessary to prevent evasion of a denial order imposed against
RH International. In providing such notice, I gave Hajian an
opportunity to oppose his addition to the RH International Denial Order
as a related party. Having received no submission from Hajian, I have
decided, following consultations with BIS's Office of Export
Enforcement, including its Director, to name Hajian as a Related Person
to the RH International Denial Order, thereby denying his export
privileges for 10 years from the date of RH International's conviction.
I have also decided to revoke all licenses issued pursuant to the
Act or Regulations in which the Related Person had an interest at the
time of RH International's conviction. The 10 year denial period will
end on October 18, 2022.
Accordingly, it is hereby ordered
I. Until October 18, 2022, RH International, LLC with last known
addresses at: 2531 West Maryland Avenue, Tampa, FL 33629, and when
acting for or on behalf of RH International, its successors or assigns,
agents or employees (collectively referred to hereinafter as the
``Denied Person''), and the following person related to the Denied
Person as defined by Section 766.23 of the Regulations: Mohammad Reza
(a/k/a ``Ray'') Hajian (``Hajian''), with a last known address at: 2531
West Maryland Avenue, Tampa, FL 33629, and when acting for or on behalf
of Hajian, his representatives, assigns, agents, or employees (``the
Related Person'') (together, the Denied Person and the Related Person
are ``Persons Subject to this Order''), 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 Persons Subject to
this Order any item subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Persons Subject to this Order 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 Persons
Subject to this Order acquire or attempt to acquire such ownership,
possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the Persons Subject to this Order of any
item subject to the Regulations that has been exported from the United
States;
D. Obtain from the Persons Subject to this Order 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
[[Page 19197]]
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 Persons Subject to
this Order, or service any item, of whatever origin, that is owned,
possessed or controlled by the Persons Subject to this Order 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. In addition to the Related Person named above, 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 the Denied Person 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 October 18, 2022.
VI. In accordance with Part 756 of the Regulations, RH
International 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. In accordance with Part 756 of the Regulations, the Related
Person may also 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.
VIII. A copy of this Order shall be delivered to the Denied Person
and the Related Person. This Order shall be published in the Federal
Register.
Issued this 21st day of March, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-07278 Filed 3-28-13; 8:45 am]
BILLING CODE 3510-DT-P
