Order Denying Export Privileges, 33905-33906 [2014-13834]

Download as PDF Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Notices 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 Amaya-Garcia 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 is effective immediately and shall remain in effect until March 16, 2023. V. In accordance with Part 756 of the Regulations, Amaya-Garcia 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. VI. A copy of this Order shall be delivered to the Amaya-Garcia. This Order shall be published in the Federal Register. Issued this 6th day of June 2014. Eileen M. Albanese, Acting Director, Office of Exporter Services. [FR Doc. 2014–13831 Filed 6–12–14; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges mstockstill on DSK4VPTVN1PROD with NOTICES In the Matter of: Seyed Mojtaba Atarodi), a/k/a Professor Mojtaba Atarodi, Electrical Engineering Department, Sharif University, Azadi Avenue, Tehran, Iran, and with an address at: 12955 Jollete Avenue, Granada Hills, CA 91344 On April 18, 2013, in the U.S. District Court, Northern District of California, Seyed Mojtaba Atarodi, a/k/a Professor Mojtaba Atarodi (‘‘Atarodi’’), was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)) (‘‘IEEPA’’). Specifically, Atarodi knowingly and willfully combine, conspired, confederated, and agreed with others known and unknown to the Grand Jury, to commit offenses against the United States, that is, to export and cause the exportation of goods from the United States to Iran in violation of the VerDate Mar<15>2010 18:01 Jun 12, 2014 Jkt 232001 embargo imposed upon that country by the United States, without having first obtained the required licenses and authorizations from the Office of Foreign Assets Control, United States Department of Treasury. Atarodi was sentenced to time served, three years of supervised release, and $1,700 assessment. 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. § 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 Atarodi’s conviction for violating the IEEPA, and have provided notice and an opportunity for Atarodi to make a written submission to BIS, as provided in Section 766.25 of the Regulations. I have not received a submission from Atarodi. 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 Atarodi’s export privileges under the Regulations for a 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2013). The Regulations issued pursuant to the Export Administration Act (50 U.S.C. app. §§ 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 8, 2013 (78 FR 49107 (August 12, 2013)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 33905 period of 10 years from the date of Atarodi’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Atarodi had an interest at the time of his conviction. Accordingly, it is hereby Ordered I. Until April 18, 2023, Seyed Mojtaba Atarodi, a/k/a Professor Seyed Mojtaba Atarodi, with last known addresses at: Electrical Engineering Department, Shariff University, Azadi Avenue, Tehran, Iran; and 12955 Jollete Avenue, Granada Hills, CA 91344, and when acting for or on behalf of Atarodi, his representatives, 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 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; E:\FR\FM\13JNN1.SGM 13JNN1 33906 Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Notices 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 Atarodi 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 is effective immediately and shall remain in effect until April 18, 2023. V. In accordance with Part 756 of the Regulations, Atarodi 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. VI. A copy of this Order shall be delivered to the Atarodi. This Order shall be published in the Federal Register. Issued this 6th day of June 2014. Eileen M. Albanese, Acting Director, Office of Exporter Services. [FR Doc. 2014–13834 Filed 6–12–14; 8:45 am] BILLING CODE DEPARTMENT OF COMMERCE International Trade Administration mstockstill on DSK4VPTVN1PROD with NOTICES [A–583–833] Polyester Staple Fiber From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2012– 2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an AGENCY: VerDate Mar<15>2010 18:01 Jun 12, 2014 Jkt 232001 administrative review of the antidumping duty order on polyester staple fiber (PSF) from Taiwan. The period of review (POR) is May 1, 2012, through April 30, 2013. The review covers two producers/exporters of the subject merchandise, Far Eastern New Century Corporation (FENC) and Nan Ya Plastics Corporation (Nan Ya). We preliminarily find that FENC has not sold subject merchandise at less than normal value and that Nan Ya had no shipments during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: June 13, 2013. FOR FURTHER INFORMATION CONTACT: Jerrold Freeman or Minoo Hatten, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0180, and (202) 482–1690, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the order is PSF. The PSF subject to the order is currently classifiable under subheadings 5503.20.00.40, 5503.20.00.45, 5503.20.00.60, and 5503.20.00.65 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS subheadings are provided for convenience and customs purposes.1 The written description is dispositive. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS is available to registered users at https:// iaaccess.trade.gov, and it is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at https:// enforcement.trade.gov/frn/. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. The signed Preliminary Decision 1 A full description of the scope of the order is contained in the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Polyester Staple Fiber from Taiwan’’ dated concurrently with this notice (Preliminary Decision Memorandum), which is hereby adopted by this notice. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Determination of No Shipments Nan Ya reported that it did not sell or export subject merchandise to the United States during the POR.2 Based on record evidence, we preliminarily find that Nan Ya had no shipments during the POR. Methodology The Department conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. Preliminary Results of Review As a result of this review, we preliminarily determine that a weighted-average dumping margin of 0.00 percent exists for FENC for the period May 1, 2012, through April 30, 2013. Disclosure and Public Comment We intend to disclose the calculations performed to parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit cases briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.3 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.4 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via IA ACCESS. An electronically filed document must be received successfully in its entirety by 2 See letter from Nan Ya to the Department, ‘‘Antidumping Duty Administrative Review on Polyester Staple Fiber from Taiwan for the period from May 1, 2012 to April 30, 2013’’ (August 8, 2013). 3 See 19 CFR 351.309(d). 4 Id., and 19 CFR 351.303 (for general filing requirements). E:\FR\FM\13JNN1.SGM 13JNN1

Agencies

[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Notices]
[Pages 33905-33906]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13834]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Seyed Mojtaba Atarodi), a/k/a Professor 
Mojtaba Atarodi, Electrical Engineering Department, Sharif 
University, Azadi Avenue, Tehran, Iran, and with an address at: 
12955 Jollete Avenue, Granada Hills, CA 91344

    On April 18, 2013, in the U.S. District Court, Northern District of 
California, Seyed Mojtaba Atarodi, a/k/a Professor Mojtaba Atarodi 
(``Atarodi''), was convicted of violating the International Emergency 
Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)) 
(``IEEPA''). Specifically, Atarodi knowingly and willfully combine, 
conspired, confederated, and agreed with others known and unknown to 
the Grand Jury, to commit offenses against the United States, that is, 
to export and cause the exportation of goods from the United States to 
Iran in violation of the embargo imposed upon that country by the 
United States, without having first obtained the required licenses and 
authorizations from the Office of Foreign Assets Control, United States 
Department of Treasury. Atarodi was sentenced to time served, three 
years of supervised release, and $1,700 assessment.
    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. 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 (2013). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. app. 
Sec. Sec.  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 8, 2013 (78 FR 49107 (August 12, 2013)), has 
continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. 
IV 2010)).
---------------------------------------------------------------------------

    I have received notice of Atarodi's conviction for violating the 
IEEPA, and have provided notice and an opportunity for Atarodi to make 
a written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Atarodi.
    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 Atarodi's export privileges under the Regulations 
for a period of 10 years from the date of Atarodi's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Atarodi had an interest at the time of his 
conviction.
    Accordingly, it is hereby
    Ordered
    I. Until April 18, 2023, Seyed Mojtaba Atarodi, a/k/a Professor 
Seyed Mojtaba Atarodi, with last known addresses at: Electrical 
Engineering Department, Shariff University, Azadi Avenue, Tehran, Iran; 
and 12955 Jollete Avenue, Granada Hills, CA 91344, and when acting for 
or on behalf of Atarodi, his representatives, 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 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;

[[Page 33906]]

    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 Atarodi 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 is effective immediately and shall remain in effect 
until April 18, 2023.
    V. In accordance with Part 756 of the Regulations, Atarodi 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.
    VI. A copy of this Order shall be delivered to the Atarodi. This 
Order shall be published in the Federal Register.

    Issued this 6th day of June 2014.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2014-13834 Filed 6-12-14; 8:45 am]
BILLING CODE
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