, 30435-30438 [2015-12851]

Download as PDF Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices The components sourced from abroad are: Battery management covers and bases (duty rate—1.7%). Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is July 7, 2015. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Pierre Duy at Pierre.Duy@trade.gov or (202) 482–1378. Dated: May 20, 2015. Andrew McGilvray, Executive Secretary. [FR Doc. 2015–12927 Filed 5–27–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE asabaliauskas on DSK5VPTVN1PROD with NOTICES Bureau of Industry and Security In the matter of: Mahan Airways, Mahan Tower, No. 21, Azadegan St., M.A. Jenah Exp. Way, Tehran, Iran; Pejman Mahmood Kosarayanifard, a/k/a Kosarian Fard, P.O. Box 52404, Dubai, United Arab Emirates; Mahmoud Amini, G#22 Dubai Airport Free Zone, P.O. Box 393754, Dubai, United Arab Emirates and P.O. Box 52404, Dubai, United Arab Emirates, and Mohamed Abdulla Alqaz Building, Al Maktoum Street, Al Rigga, Dubai, United Arab Emirates; Kerman Aviation, a/k/a GIE Kerman Aviation, 42 Avenue Montaigne 75008, Paris, France, Sirjanco Trading LLC, P.O. Box 8709, Dubai, United Arab Emirates, Ali Eslamian, 4th Floor, 33 Cavendish Square, London, W1G0PW, United Kingdom, and 2 Bentinck Close, Prince Albert Road St. Johns Wood, London NW87RY, United Kingdom, Mahan Air General Trading LLC, 19th Floor Al Moosa Tower One, Sheik Zayed Road, Dubai 40594, United Arab Emirates, Skyco (UK) Ltd., 4th Floor, 33 Cavendish Square, London, W1G 0PV, United Kingdom, Equipco (UK) Ltd., 2 Bentinck Close, Prince Albert Road, London, NW8 7RY, United Kingdom, VerDate Sep<11>2014 19:59 May 27, 2015 Jkt 235001 Mehdi Bahrami, Mahan Airways—Istanbul Office, Cumhuriye Cad. Sibil Apt No: 101 D:6, 34374 Emadad, Sisli Istanbul, Turkey, Al Naser Airlines, a/k/a al-Naser Airlines, a/ k/a Alnaser Airlines and Air Freight Ltd., Home 46, Al-Karrada, Babil Region, District 929, St 21, Beside Al Jadirya Private Hospital, Baghdad, Iraq and Al Amirat Street, Section 309, St. 3/H.20, Al Mansour, Baghdad, Iraq and P.O. Box 28360, Dubai, United Arab Emirates and P.O. Box 911399, Amman 11191, Jordan, Ali Abdullah Alhay, a/k/a Ali Alhay, a/k/a Ali Abdullah Ahmed Alhay, Home 46, AlKarrada, Babil Region, District 929, St 21, Beside Al Jadirya Private Hospital, Baghdad, Iraq and Anak Street, Qatif, Saudi Arabia 61177, Bahar Safwa General Trading, PO Box 113212, Citadel Tower, Floor-5, Office #504, Business Bay, Dubai, United Arab Emirates and PO Box 8709, Citadel Tower, Business Bay, Dubai, United Arab Emirates Modification of Temporary Denial Order To Add Additional Respondents Pursuant to Section 766.24 of the Export Administration Regulations, 15 CFR parts 730–774 (2015) (‘‘EAR’’ or the ‘‘Regulations’’),1 I hereby grant the request of the Office of Export Enforcement (‘‘OEE’’) to modify the January 16, 2015 Order Temporarily Denying the Export Privileges of Mahan Airways, Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco Trading LLC, Ali Eslamian, Mahan Air General Trading LLC, Skyco (UK) Ltd., Equipco (UK) Ltd., and Mehdi Bahrami.2 I find that modification of the Temporary Denial Order (‘‘TDO’’) is necessary in the public interest to prevent an imminent violation of the EAR. Specifically, I find it necessary to add the following persons as additional Respondents: Al Naser Airlines, a/k/a al-Naser Airlines, a/ k/a Alnaser Airlines and Air Freight Ltd., Home 46, Al-Karrada, Babil Region, 1 The Regulations, currently codified at 15 CFR parts 730–774 (2015), originally issued pursuant to the Export Administration Act of 1979, as amended (50 U.S.C. app. §§ 2401–2420 (2000)). 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 August 7, 2014 (79 FR 46,959 (Aug. 11, 2014)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)). 2 The January 16, 2015 Renewal Order was published in the Federal Register on January 23, 2015 (80 Fed Reg. 3552, Jan. 23, 2015). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 30435 District 929, St 21, Beside Al Jadirya Private Hospital, Baghdad, Iraq and Al Amirat Street, Section 309, St. 3/H.20, Al Mansour, Baghdad, Iraq and P.O. Box 28360, Dubai, United Arab Emirates, and P.O. Box 911399, Amman 11191, Jordan Ali Abdullah Alhay, a/k/a Ali Alhay, a/k/a Ali Abdullah Ahmed Alhay, Home 46, AlKarrada, Babil Region, District 929, St 21, Beside Al Jadirya Private Hospital, Baghdad, Iraq and Anak Street, Qatif, Saudia Arabia 61177 Bahar Safwa General Trading, PO Box 113212, Citadel Tower, Floor-5, Office #504, Business Bay, Dubai, United Arab Emirates, and P.O. Box 8709, Citadel Tower, Business Bay, Dubai, United Arab Emirates I. Procedural History On March 17, 2008, Darryl W. Jackson, the then-Assistant Secretary of Commerce for Export Enforcement (‘‘Assistant Secretary’’), signed a TDO denying Mahan Airways’ export privileges for a period of 180 days on the grounds that its issuance was necessary in the public interest to prevent an imminent violation of the Regulations. The TDO also named as denied persons Blue Airways, of Yerevan, Armenia (‘‘Blue Airways of Armenia’’), as well as the ‘‘Balli Group Respondents,’’ namely, Balli Group PLC, Balli Aviation, Balli Holdings, Vahid Alaghband, Hassan Alaghband, Blue Sky One Ltd., Blue Sky Two Ltd., Blue Sky Three Ltd., Blue Sky Four Ltd., Blue Sky Five Ltd., and Blue Sky Six Ltd., all of the United Kingdom. The TDO was issued ex parte pursuant to Section 766.24(a), and went into effect on March 21, 2008, the date it was published in the Federal Register. The TDO subsequently has been renewed in accordance with Section 766.24(d), including most recently on January 16, 2015.3 As of March 9, 2010, the Balli Group Respondents and Blue Airways were no longer subject to the TDO. As part of the February 25, 2011 TDO renewal, Gatewick LLC (a/k/a 3 The TDO was renewed or modified in accordance with Section 766.24 of the Regulations on September 17, 2008, March 16, 2009, September 11, 2009, March 9, 2010, September 3, 2010, February 25, 2011, July 1, 2014, August 24, 2011, February 15, 2012, August 9, 2012, February 4, 2013, July 31, 2013, January 24, 2014, July 22, 2014, and most recently on January 16, 2015. Each renewal or modification order was published in the Federal Register. E:\FR\FM\28MYN1.SGM 28MYN1 30436 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices Gatewick Freight and Cargo Services, a/k/a Gatewick Aviation Services), Mahmoud Amini, and Pejman Mahmood Kosarayanifard (‘‘Kosarian Fard’’) were added as related persons in accordance with Section 766.23 of the Regulations.4 On July 1, 2011, the TDO was modified by adding Zarand Aviation as a respondent in order to prevent an imminent violation.5 As part of the August 24, 2011 renewal, Kerman Aviation, Sirjanco Trading LLC, and Ali Eslamian were added to the TDO as related persons. Mahan Air General Trading LLC, Skyco (UK) Ltd., and Equipco (UK) Ltd. were added as related persons on April 9, 2012. Mehdi Bahrami was added to the TDO as a related person as part of the February 4, 2013 renewal order. On May 13, 2015, OEE submitted a written request seeking to modify the January 16, 2015 Renewal Order. OEE is specifically requesting that Al Naser Airlines (a/k/a al-Naser Airlines a/k/a Alnaser Airlines and Air Freight Ltd.), Ali Abdullah Alhay (a/k/a Ali Alhay a/k/a Ali Abdullah Ahmed Alhay), and Bahar Safwa General Trading be added to the TDO. II. Modification of the January 16, 2015 Renewal Order A. Legal Standard asabaliauskas on DSK5VPTVN1PROD with NOTICES Pursuant to Section 766.24, BIS may issue or renew an order temporarily denying a respondent’s export privileges upon a showing that the order is necessary in the public interest to prevent an ‘‘imminent violation’’ of the Regulations. 15 CFR 766.24(b)(1) and 776.24(d). ‘‘A violation may be ‘imminent’ either in time or degree of likelihood.’’ 15 CFR 766.24(b)(3). BIS may show ‘‘either that a violation is about to occur, or that the general circumstances of the matter under investigation or case under criminal or administrative charges demonstrate a likelihood of future violations.’’ Id. As to the likelihood of future violations, BIS may show that the violation under investigation or charge ‘‘is significant, 4 As of January 16, 2015, Gatewick LLC was no longer subject to the TDO. On August 13, 2014, BIS and Gatewick LLC resolved administrative charges against Gatewick, including a charge for acting contrary to the terms of a BIS denial order (15 CFR 764.2(k)). In addition to the payment of a civil penalty, the settlement includes a seven-year denial order. The first two years of the denial period are active, with the remaining five years suspended on condition that Gatewick LLC pays the civil penalty in full and timely fashion and commits no further violation of the Regulations during the seven-year denial period. The Gatewick LLC Final Order was published in the Federal Register on August 20, 2014. See 79 FR 49283 (Aug. 20, 2014). 5 As of July 22, 2014, Zarand Aviation was no longer subject to the TDO. VerDate Sep<11>2014 18:18 May 27, 2015 Jkt 235001 deliberate, covert and/or likely to occur again, rather than technical or negligent [.]’’ Id. A ‘‘lack of information establishing the precise time a violation may occur does not preclude a finding that a violation is imminent, so long as there is sufficient reason to believe the likelihood of a violation.’’ Id. B. OEE’s Request To Add Additional Respondents to TDO In support of its request to modify the January 16, 2015 Renewal Order, OEE has presented evidence detailing apparent efforts by Al Naser Airlines and one of its principals, Ali Abdullah Alhay, acting together with Bahar Safwa General Trading, to obtain aircraft subject to the Regulations for export or reexport directly or indirectly to Mahan Airways or to facilitate or support such activities in violation of the TDO and the Regulations. The January 16, 2015 Renewal Order, like the July 22, 2014 Renewal Order (and the prior renewal order and original TDO), provides inter alia, that no person may, directly or indirectly, export or reexport to or on behalf of Mahan Airways any item subject to the EAR, or take any action that facilitates the acquisition or attempted acquisition by Mahan 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 Mahan acquires or attempts to acquire such ownership, possession or control. In addition, the export or reexport of the aircraft at issue and discussed further below requires U.S. Government authorization, including pursuant to Sections 742.8 and 746.7 of the Regulations. OEE’s investigation indicates that at least two aircraft, specifically an Airbus A321 bearing manufacturer’s serial number (‘‘MSN’’) 550 and an Airbus A340 bearing MSN 164, were purchased by Al Naser Airlines in late 2014/early 2015 and are currently located in Iran under the possession, control, and/or ownership of Mahan Airways.6 OEE has presented evidence that Ali Abdullah Alhay is a twenty-five percent owner of Al Naser Airlines, and has presented copies of sales agreements for 6 Both of these aircraft are powered by U.S.-origin engines that are subject to the Regulations and classified under Export Control Classification Number (‘‘ECCN’’) 9A991.d. Both aircraft contain controlled U.S.-origin items valued at more than 10 percent of the total value of the aircraft and as a result are subject to the EAR regardless of their location. The aircraft are classified under ECCN 9A991.b. The export or re-export of these aircraft to Iran requires U.S. Government authorization pursuant to Sections 742.8 and 746.7 of the Regulations. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 the aircraft that have been obtained from the seller and show that Ali Abdullah Alhay signed both agreements for Al Naser Airlines. The sales agreement for Airbus A321 (MSN 550) is dated November 24, 2014, and lists a ‘‘Final Sale Date’’ of January 30, 2015. Payment information for the aircraft reveals that between November 2014 and January 2015, Ali Abdullah Alhay made two electronic funds transfers (‘‘EFT’’) in the amounts of $815,000 and $600,000 respectively. The majority of the purchase price for this aircraft was then paid via a January 20, 2015 EFT made by Bahar Safwa General Trading in the amount of $2.5 million. The sales agreement for the Airbus A340 (MSN 164) is dated December 17, 2014, and lists a ‘‘Final Sale Date’’ of December 23, 2014. Payment information also reveals a November 28, 2014 EFT from Bahar Safwa General Trading in the amount of $650,000. Aviation industry databases indicate that in or about May 2015, Mahan Airways acquired at least possession and/or control of MSNs 550 and 164, and that both aircraft are now physically located in Tehran, Iran. The proposed respondents also have been attempting to obtain other controlled aircraft, including aircraft physically located in the United States in similarly-patterned transactions during the same recent time period involving two Airbus A320s bearing MSNs 82 and 99, respectively.7 Transactional documents OEE has obtained from the seller again show Ali Abdullah Alhay signing all documents for Al Naser Airlines. Ali Abdullah Alhay signed an October 19, 2014 Letter of Intent for MSNs 82 and 99, as well as subsequent sales agreements each dated February 19, 2015.8 Both sales agreements list a ‘‘Final Sale Date’’ of March 6, 2015. A review of the payment information for these aircraft reveal three EFTs that follow the pattern 7 Both aircraft were physically located in the United States and therefore are subject to the Regulations pursuant to Section 734.3(a)(1). Moreover, these Airbus A320s are powered by U.S.origin engines that are subject to the Regulations and classified under Export Control Classification Number (‘‘ECCN’’) 9A991.d. The Airbus A320s contain controlled U.S.-origin items valued at more than 10 percent of the total value of the aircraft and as a result are subject to the EAR regardless of the their location. The aircraft are classified under ECCN 9A991.b. The export or re-export of these aircraft to Iran requires U.S. Government authorization pursuant to Sections 742.8 and 746.7 of the Regulations. 8 The October 19, 2014 Letter of Intent signed by Ali Abdullah Alhay also indicated that Al Naser Airlines intended to purchase a third Airbus A320 (MSN 317). This aircraft is not part of the sales agreements that have been obtained. E:\FR\FM\28MYN1.SGM 28MYN1 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices described for MSNs 550 and 164 as discussed supra. The first EFT was a $450,000 commitment fee payment made by Ali Abdullah Alhay pursuant to the October 19, 2014 Letter of Intent. Subsequent EFTs in the amounts of $2 million and $986,000, respectively, were wired by Bahar Safwa General Trading in late February 2015, and specifically referenced MSNs 82 and 99. Based on the risk of diversion to Iran, including specifically to Mahan Airways, both Airbus A320s were detained by OEE Special Agents prior to their planned export from the United States. This risk of diversion presented by these intended exports has been corroborated by the evidence presented in connection with the Airbus aircraft bearing MSNs 164 and 550 discussed, supra. In addition, recent reputable press reports have indicated that as many as seven other Airbus aircraft also were recently exported or reexported to Iran on behalf of or for the benefit of Mahan. asabaliauskas on DSK5VPTVN1PROD with NOTICES C. Findings I find that the evidence presented by OEE demonstrates continued efforts to evade the TDO and that additional violations are imminent. Adding Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading to the TDO is necessary to give notice to persons and companies in the United States and abroad that they should cease dealing with these parties in export and re-export transactions involving items subject to the EAR or other activities prohibited by the TDO. Doing so is consistent with the public interest to preclude future violations of the EAR and prevent Mahan Airways’ active efforts to evade the TDO. The export privileges of Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading are being temporarily denied on an ex parte basis without a hearing based upon BIS’s showing of an imminent violation in accordance with Section 766.24 of the Regulations. IV. ORDER It is therefore ordered: First, that MAHAN AIRWAYS, Mahan Tower, No. 21, Azadegan St., M.A. Jenah Exp. Way, Tehran, Iran; PEJMAN MAHMOOD KOSARAYANIFARD A/K/ A KOSARIAN FARD, P.O. Box 52404, Dubai, United Arab Emirates; MAHMOUD AMINI, G#22 Dubai Airport Free Zone, P.O. Box 393754, Dubai, United Arab Emirates, and P.O. Box 52404, Dubai, United Arab Emirates, and Mohamed Abdulla Alqaz Building, Al Maktoum Street, Al Rigga, Dubai, United Arab Emirates; KERMAN VerDate Sep<11>2014 18:18 May 27, 2015 Jkt 235001 AVIATION A/K/A GIE KERMAN AVIATION, 42 Avenue Montaigne 75008, Paris, France; SIRJANCO TRADING LLC, P.O. Box 8709, Dubai, United Arab Emirates; ALI ESLAMIAN, 4th Floor, 33 Cavendish Square, London W1G0PW, United Kingdom, and 2 Bentinck Close, Prince Albert Road St. Johns Wood, London NW87RY, United Kingdom; MAHAN AIR GENERAL TRADING LLC, 19th Floor Al Moosa Tower One, Sheik Zayed Road, Dubai 40594, United Arab Emirates; SKYCO (UK) LTD., 4th Floor, 33 Cavendish Square, London, W1G 0PV, United Kingdom; EQUIPCO (UK) LTD., 2 Bentinck Close, Prince Albert Road, London, NW8 7RY, United Kingdom; MEHDI BAHRAMI, Mahan AirwaysIstanbul Office, Cumhuriye Cad. Sibil Apt No: 101 D:6, 34374 Emadad, Sisli Istanbul, Turkey; AL NASER AIRLINES A/K/A AL–NASER AIRLINES A/K/A ALNASER AIRLINES AND AIR FREIGHT LTD., Home 46, Al-Karrada, Babil Region, District 929, St 21, Beside Al Jadirya Private Hospital, Baghdad, Iraq, and Al Amirat Street, Section 309, St. 3/H.20, Al Mansour, Baghdad, Iraq, and P.O. Box 28360, Dubai, United Arab Emirates; and P.O. Box 911399, Amman 11191, Jordan; ALI ABDULLAH ALHAY A/K/A ALI ALHAY A/K/A ALI ABDULLAH AHMED ALHAY, Home 46, Al-Karrada, Babil Region, District 929, St 21, Beside Al Jadirya Private Hospital, Baghdad, Iraq, and Anak Street, Qatif, Saudi Arabia 61177; and BAHAR SAFWA GENERAL TRADING, P.O. Box 113212, Citadel Tower, Floor5, Office #504, Business Bay, Dubai, United Arab Emirates, and P.O. Box 8709, Citadel Tower, Business Bay, Dubai, United Arab Emirates, and when acting for or on their behalf, any successors or assigns, agents, or employees (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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 30437 subject to the EAR, or in any other activity subject to the EAR; 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 EAR, or in any other activity subject to the EAR. Second, that no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of a Denied Person any item subject to the EAR; B. Take any action that facilitates the acquisition or attempted acquisition by a 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 a 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 a Denied Person of any item subject to the EAR that has been exported from the United States; D. Obtain from a 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 a Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by a 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 a 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. 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 Sections 766.24(e) of the EAR, Al Naser Airlines, Bahar Safwa General Trading, and/or Ali Abdullah Alhay may, at any time, appeal this Order by filing a full written statement in support of the E:\FR\FM\28MYN1.SGM 28MYN1 30438 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices 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. A renewal request may be opposed by Al Nasser Airlines, Ali Abdullah Alhay, or Bahar Safwa General Trading as provided in Section 766.24(d), by filing a written submission with the Assistant Secretary of Commerce 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 provided to Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect until July 14, 2015, unless renewed in accordance with Section 766.24(d) of the Regulations. Dated: May 21, 2015. David W. Mills, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2015–12851 Filed 5–27–15; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–570–929] Small Diameter Graphite Electrodes From the People’s Republic of China: Preliminary Rescission of Antidumping Duty New Shipper Review; 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 30, 2014, the Department of Commerce (the Department) initiated the antidumping duty new shipper review of small diameter graphite electrodes from the People’s Republic of China (PRC) for the period of review (POR) of February 1, 2014, through August 31, 2014, for Xuzhou Jianglong Carbon Products Co., Ltd. (Jianglong).1 We preliminarily determine that Jianglong does not qualify as a new shipper and we are preliminarily rescinding this new shipper review. DATES: Effective date: May 28, 2015. asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY: 1 See Small Diameter Graphite Electrodes From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review, 79 FR 58742 (September 30, 2014) (Initiation Notice). VerDate Sep<11>2014 18:18 May 27, 2015 Jkt 235001 FOR FURTHER INFORMATION CONTACT: Hermes Pinilla 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) 482–3477 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise covered by the order includes all small diameter graphite electrodes of any length, whether or not finished, of a kind used in furnaces, with a nominal or actual diameter of 400 millimeters (16 inches) or less, and whether or not attached to a graphite pin joining system or any other type of joining system or hardware. The subject merchandise is currently classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 8545.11.0010 2 and 3801.10. The HTSUS numbers are provided for convenience and customs purposes, but the written description of the scope is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.3 Methodology We are conducting this new shipper review in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. 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 (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and in the Central 2 The scope described in the order refers to the HTSUS subheading 8545.11.0000. We note that, starting in 2010, imports of small diameter graphite electrodes are classified in the HTSUS under subheading 8545.11.0010 and imports of large diameter graphite electrodes are classified under subheading 8545.11.0020. 3 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty New Shipper Review: Small Diameter Graphite Electrodes from the People’s Republic of China’’ (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at https:// www.enforcment.trade.gov/frn/. Preliminary Rescission of Review Based on information placed on the record by interested parties in the context of this new shipper review, we determine that Jianglong does not meet the minimum requirements in its request for a new shipper review under 19 CFR 351.214(b)(2)(iv)(A) and (C). Therefore, we preliminarily determine that it is appropriate to rescind the new shipper review with respect to Jianglong.4 Disclosure and Public Comment We will disclose analysis performed to parties to the proceeding, normally not later than ten days after the day of the public announcement of, or, if there is no public announcement, within five days after the date of publication of, this notice.5 Interested parties are invited to comment on these preliminary results and submit written arguments or case briefs within 30 days after the publication of this notice, unless otherwise notified by the Department.6 Rebuttal briefs, limited to issues raised in the case briefs, will be due five days later.7 Parties who submit case or rebuttal briefs are requested to submit with each argument: (1) A statement of the issue; and (2) a brief summary of the argument. Parties are requested to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. Any interested party who wishes to request a hearing, or to participate if one is requested, must submit a written request within 30 dates after the day of publication of this notice. A request should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed.8 Issues raised in the hearing will be limited to those raised in case briefs. We will issue the final rescission of this new shipper review or final results of this new shipper review, including the results of our analysis of issues raised in any briefs, within 90 days after 4 We have not conducted a detailed bona fides analysis for these preliminary results due to the preliminary decision that Jianglong is not eligible for a new shipper review. See Preliminary Decision Memorandum. 5 See 19 CFR 351.224(b) 6 See 19 CFR 351.309(c)(ii). 7 See 19 CFR 351.309(d). 8 See 19 CFR 351.310(c). E:\FR\FM\28MYN1.SGM 28MYN1

Agencies

[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Notices]
[Pages 30435-30438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12851]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security




    In the matter of:

Mahan Airways, Mahan Tower, No. 21, Azadegan St., M.A. Jenah Exp. 
Way, Tehran, Iran;
Pejman Mahmood Kosarayanifard, a/k/a Kosarian Fard, P.O. Box 52404, 
Dubai, United Arab Emirates;
Mahmoud Amini, G#22 Dubai Airport Free Zone, P.O. Box 393754, Dubai, 
United Arab Emirates
and

P.O. Box 52404, Dubai, United Arab Emirates,
and

Mohamed Abdulla Alqaz Building, Al Maktoum Street, Al Rigga, Dubai, 
United Arab Emirates;
Kerman Aviation, a/k/a GIE Kerman Aviation, 42 Avenue Montaigne 
75008, Paris, France,
Sirjanco Trading LLC, P.O. Box 8709, Dubai, United Arab Emirates,
Ali Eslamian, 4th Floor, 33 Cavendish Square, London, W1G0PW, United 
Kingdom,
and

2 Bentinck Close, Prince Albert Road St. Johns Wood, London NW87RY, 
United Kingdom,
Mahan Air General Trading LLC, 19th Floor Al Moosa Tower One, Sheik 
Zayed Road, Dubai 40594, United Arab Emirates,
Skyco (UK) Ltd., 4th Floor, 33 Cavendish Square, London, W1G 0PV, 
United Kingdom,
Equipco (UK) Ltd., 2 Bentinck Close, Prince Albert Road, London, NW8 
7RY, United Kingdom,
Mehdi Bahrami, Mahan Airways--Istanbul Office, Cumhuriye Cad. Sibil 
Apt No: 101 D:6, 34374 Emadad, Sisli Istanbul, Turkey,
Al Naser Airlines, a/k/a al-Naser Airlines, a/k/a Alnaser Airlines 
and Air Freight Ltd., Home 46, Al-Karrada, Babil Region, District 
929, St 21, Beside Al Jadirya Private Hospital, Baghdad, Iraq
and

Al Amirat Street, Section 309, St. 3/H.20, Al Mansour, Baghdad, Iraq
and

P.O. Box 28360, Dubai, United Arab Emirates
and

P.O. Box 911399, Amman 11191, Jordan,

Ali Abdullah Alhay, a/k/a Ali Alhay, a/k/a Ali Abdullah Ahmed Alhay, 
Home 46, Al-Karrada, Babil Region, District 929, St 21, Beside Al 
Jadirya Private Hospital, Baghdad, Iraq
and

Anak Street, Qatif, Saudi Arabia 61177,
Bahar Safwa General Trading, PO Box 113212, Citadel Tower, Floor-5, 
Office #504, Business Bay, Dubai, United Arab Emirates
and

PO Box 8709, Citadel Tower, Business Bay, Dubai, United Arab 
Emirates

Modification of Temporary Denial Order To Add Additional Respondents

    Pursuant to Section 766.24 of the Export Administration 
Regulations, 15 CFR parts 730-774 (2015) (``EAR'' or the 
``Regulations''),\1\ I hereby grant the request of the Office of Export 
Enforcement (``OEE'') to modify the January 16, 2015 Order Temporarily 
Denying the Export Privileges of Mahan Airways, Pejman Mahmood 
Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco Trading LLC, 
Ali Eslamian, Mahan Air General Trading LLC, Skyco (UK) Ltd., Equipco 
(UK) Ltd., and Mehdi Bahrami.\2\ I find that modification of the 
Temporary Denial Order (``TDO'') is necessary in the public interest to 
prevent an imminent violation of the EAR. Specifically, I find it 
necessary to add the following persons as additional Respondents:
---------------------------------------------------------------------------

    \1\ The Regulations, currently codified at 15 CFR parts 730-774 
(2015), originally issued pursuant to the Export Administration Act 
of 1979, as amended (50 U.S.C. app. Sec. Sec.  2401-2420 (2000)). 
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 August 7, 2014 (79 FR 46,959 
(Aug. 11, 2014)), has continued the Regulations in effect under the 
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. 
(2006 & Supp. IV 2010)).

    \2\ The January 16, 2015 Renewal Order was published in the 
Federal Register on January 23, 2015 (80 Fed Reg. 3552, Jan. 23, 
2015).

Al Naser Airlines, a/k/a al-Naser Airlines, a/k/a Alnaser Airlines 
and Air Freight Ltd., Home 46, Al-Karrada, Babil Region, District 
929, St 21, Beside Al Jadirya Private Hospital, Baghdad, Iraq
and

Al Amirat Street, Section 309, St. 3/H.20, Al Mansour, Baghdad, Iraq
and

P.O. Box 28360, Dubai, United Arab Emirates,
and

P.O. Box 911399, Amman 11191, Jordan

Ali Abdullah Alhay, a/k/a Ali Alhay, a/k/a Ali Abdullah Ahmed Alhay, 
Home 46, Al-Karrada, Babil Region, District 929, St 21, Beside Al 
Jadirya Private Hospital, Baghdad, Iraq
and

Anak Street, Qatif, Saudia Arabia 61177

Bahar Safwa General Trading, PO Box 113212, Citadel Tower, Floor-5, 
Office #504, Business Bay, Dubai, United Arab Emirates,
and

P.O. Box 8709, Citadel Tower, Business Bay, Dubai, United Arab 
Emirates

I. Procedural History

    On March 17, 2008, Darryl W. Jackson, the then-Assistant Secretary 
of Commerce for Export Enforcement (``Assistant Secretary''), signed a 
TDO denying Mahan Airways' export privileges for a period of 180 days 
on the grounds that its issuance was necessary in the public interest 
to prevent an imminent violation of the Regulations. The TDO also named 
as denied persons Blue Airways, of Yerevan, Armenia (``Blue Airways of 
Armenia''), as well as the ``Balli Group Respondents,'' namely, Balli 
Group PLC, Balli Aviation, Balli Holdings, Vahid Alaghband, Hassan 
Alaghband, Blue Sky One Ltd., Blue Sky Two Ltd., Blue Sky Three Ltd., 
Blue Sky Four Ltd., Blue Sky Five Ltd., and Blue Sky Six Ltd., all of 
the United Kingdom. The TDO was issued ex parte pursuant to Section 
766.24(a), and went into effect on March 21, 2008, the date it was 
published in the Federal Register.
    The TDO subsequently has been renewed in accordance with Section 
766.24(d), including most recently on January 16, 2015.\3\ As of March 
9, 2010, the Balli Group Respondents and Blue Airways were no longer 
subject to the TDO. As part of the February 25, 2011 TDO renewal, 
Gatewick LLC (a/k/a

[[Page 30436]]

Gatewick Freight and Cargo Services, a/k/a Gatewick Aviation Services), 
Mahmoud Amini, and Pejman Mahmood Kosarayanifard (``Kosarian Fard'') 
were added as related persons in accordance with Section 766.23 of the 
Regulations.\4\ On July 1, 2011, the TDO was modified by adding Zarand 
Aviation as a respondent in order to prevent an imminent violation.\5\ 
As part of the August 24, 2011 renewal, Kerman Aviation, Sirjanco 
Trading LLC, and Ali Eslamian were added to the TDO as related persons. 
Mahan Air General Trading LLC, Skyco (UK) Ltd., and Equipco (UK) Ltd. 
were added as related persons on April 9, 2012. Mehdi Bahrami was added 
to the TDO as a related person as part of the February 4, 2013 renewal 
order.
---------------------------------------------------------------------------

    \3\ The TDO was renewed or modified in accordance with Section 
766.24 of the Regulations on September 17, 2008, March 16, 2009, 
September 11, 2009, March 9, 2010, September 3, 2010, February 25, 
2011, July 1, 2014, August 24, 2011, February 15, 2012, August 9, 
2012, February 4, 2013, July 31, 2013, January 24, 2014, July 22, 
2014, and most recently on January 16, 2015. Each renewal or 
modification order was published in the Federal Register.
    \4\ As of January 16, 2015, Gatewick LLC was no longer subject 
to the TDO. On August 13, 2014, BIS and Gatewick LLC resolved 
administrative charges against Gatewick, including a charge for 
acting contrary to the terms of a BIS denial order (15 CFR 
764.2(k)). In addition to the payment of a civil penalty, the 
settlement includes a seven-year denial order. The first two years 
of the denial period are active, with the remaining five years 
suspended on condition that Gatewick LLC pays the civil penalty in 
full and timely fashion and commits no further violation of the 
Regulations during the seven-year denial period. The Gatewick LLC 
Final Order was published in the Federal Register on August 20, 
2014. See 79 FR 49283 (Aug. 20, 2014).
    \5\ As of July 22, 2014, Zarand Aviation was no longer subject 
to the TDO.
---------------------------------------------------------------------------

    On May 13, 2015, OEE submitted a written request seeking to modify 
the January 16, 2015 Renewal Order. OEE is specifically requesting that 
Al Naser Airlines (a/k/a al-Naser Airlines a/k/a Alnaser Airlines and 
Air Freight Ltd.), Ali Abdullah Alhay (a/k/a Ali Alhay a/k/a Ali 
Abdullah Ahmed Alhay), and Bahar Safwa General Trading be added to the 
TDO.

II. Modification of the January 16, 2015 Renewal Order

A. Legal Standard

    Pursuant to Section 766.24, BIS may issue or renew an order 
temporarily denying a respondent's export privileges upon a showing 
that the order is necessary in the public interest to prevent an 
``imminent violation'' of the Regulations. 15 CFR 766.24(b)(1) and 
776.24(d). ``A violation may be `imminent' either in time or degree of 
likelihood.'' 15 CFR 766.24(b)(3). BIS may show ``either that a 
violation is about to occur, or that the general circumstances of the 
matter under investigation or case under criminal or administrative 
charges demonstrate a likelihood of future violations.'' Id. As to the 
likelihood of future violations, BIS may show that the violation under 
investigation or charge ``is significant, deliberate, covert and/or 
likely to occur again, rather than technical or negligent [.]'' Id. A 
``lack of information establishing the precise time a violation may 
occur does not preclude a finding that a violation is imminent, so long 
as there is sufficient reason to believe the likelihood of a 
violation.'' Id.

B. OEE's Request To Add Additional Respondents to TDO

    In support of its request to modify the January 16, 2015 Renewal 
Order, OEE has presented evidence detailing apparent efforts by Al 
Naser Airlines and one of its principals, Ali Abdullah Alhay, acting 
together with Bahar Safwa General Trading, to obtain aircraft subject 
to the Regulations for export or reexport directly or indirectly to 
Mahan Airways or to facilitate or support such activities in violation 
of the TDO and the Regulations. The January 16, 2015 Renewal Order, 
like the July 22, 2014 Renewal Order (and the prior renewal order and 
original TDO), provides inter alia, that no person may, directly or 
indirectly, export or reexport to or on behalf of Mahan Airways any 
item subject to the EAR, or take any action that facilitates the 
acquisition or attempted acquisition by Mahan 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 Mahan acquires or 
attempts to acquire such ownership, possession or control. In addition, 
the export or reexport of the aircraft at issue and discussed further 
below requires U.S. Government authorization, including pursuant to 
Sections 742.8 and 746.7 of the Regulations.
    OEE's investigation indicates that at least two aircraft, 
specifically an Airbus A321 bearing manufacturer's serial number 
(``MSN'') 550 and an Airbus A340 bearing MSN 164, were purchased by Al 
Naser Airlines in late 2014/early 2015 and are currently located in 
Iran under the possession, control, and/or ownership of Mahan 
Airways.\6\
---------------------------------------------------------------------------

    \6\ Both of these aircraft are powered by U.S.-origin engines 
that are subject to the Regulations and classified under Export 
Control Classification Number (``ECCN'') 9A991.d. Both aircraft 
contain controlled U.S.-origin items valued at more than 10 percent 
of the total value of the aircraft and as a result are subject to 
the EAR regardless of their location. The aircraft are classified 
under ECCN 9A991.b. The export or re-export of these aircraft to 
Iran requires U.S. Government authorization pursuant to Sections 
742.8 and 746.7 of the Regulations.
---------------------------------------------------------------------------

    OEE has presented evidence that Ali Abdullah Alhay is a twenty-five 
percent owner of Al Naser Airlines, and has presented copies of sales 
agreements for the aircraft that have been obtained from the seller and 
show that Ali Abdullah Alhay signed both agreements for Al Naser 
Airlines.
    The sales agreement for Airbus A321 (MSN 550) is dated November 24, 
2014, and lists a ``Final Sale Date'' of January 30, 2015. Payment 
information for the aircraft reveals that between November 2014 and 
January 2015, Ali Abdullah Alhay made two electronic funds transfers 
(``EFT'') in the amounts of $815,000 and $600,000 respectively. The 
majority of the purchase price for this aircraft was then paid via a 
January 20, 2015 EFT made by Bahar Safwa General Trading in the amount 
of $2.5 million.
    The sales agreement for the Airbus A340 (MSN 164) is dated December 
17, 2014, and lists a ``Final Sale Date'' of December 23, 2014. Payment 
information also reveals a November 28, 2014 EFT from Bahar Safwa 
General Trading in the amount of $650,000.
    Aviation industry databases indicate that in or about May 2015, 
Mahan Airways acquired at least possession and/or control of MSNs 550 
and 164, and that both aircraft are now physically located in Tehran, 
Iran.
    The proposed respondents also have been attempting to obtain other 
controlled aircraft, including aircraft physically located in the 
United States in similarly-patterned transactions during the same 
recent time period involving two Airbus A320s bearing MSNs 82 and 99, 
respectively.\7\ Transactional documents OEE has obtained from the 
seller again show Ali Abdullah Alhay signing all documents for Al Naser 
Airlines. Ali Abdullah Alhay signed an October 19, 2014 Letter of 
Intent for MSNs 82 and 99, as well as subsequent sales agreements each 
dated February 19, 2015.\8\ Both sales agreements list a ``Final Sale 
Date'' of March 6, 2015. A review of the payment information for these 
aircraft reveal three EFTs that follow the pattern

[[Page 30437]]

described for MSNs 550 and 164 as discussed supra. The first EFT was a 
$450,000 commitment fee payment made by Ali Abdullah Alhay pursuant to 
the October 19, 2014 Letter of Intent. Subsequent EFTs in the amounts 
of $2 million and $986,000, respectively, were wired by Bahar Safwa 
General Trading in late February 2015, and specifically referenced MSNs 
82 and 99.
---------------------------------------------------------------------------

    \7\ Both aircraft were physically located in the United States 
and therefore are subject to the Regulations pursuant to Section 
734.3(a)(1). Moreover, these Airbus A320s are powered by U.S.-origin 
engines that are subject to the Regulations and classified under 
Export Control Classification Number (``ECCN'') 9A991.d. The Airbus 
A320s contain controlled U.S.-origin items valued at more than 10 
percent of the total value of the aircraft and as a result are 
subject to the EAR regardless of the their location. The aircraft 
are classified under ECCN 9A991.b. The export or re-export of these 
aircraft to Iran requires U.S. Government authorization pursuant to 
Sections 742.8 and 746.7 of the Regulations.
    \8\ The October 19, 2014 Letter of Intent signed by Ali Abdullah 
Alhay also indicated that Al Naser Airlines intended to purchase a 
third Airbus A320 (MSN 317). This aircraft is not part of the sales 
agreements that have been obtained.
---------------------------------------------------------------------------

    Based on the risk of diversion to Iran, including specifically to 
Mahan Airways, both Airbus A320s were detained by OEE Special Agents 
prior to their planned export from the United States. This risk of 
diversion presented by these intended exports has been corroborated by 
the evidence presented in connection with the Airbus aircraft bearing 
MSNs 164 and 550 discussed, supra. In addition, recent reputable press 
reports have indicated that as many as seven other Airbus aircraft also 
were recently exported or reexported to Iran on behalf of or for the 
benefit of Mahan.

C. Findings

    I find that the evidence presented by OEE demonstrates continued 
efforts to evade the TDO and that additional violations are imminent. 
Adding Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General 
Trading to the TDO is necessary to give notice to persons and companies 
in the United States and abroad that they should cease dealing with 
these parties in export and re-export transactions involving items 
subject to the EAR or other activities prohibited by the TDO. Doing so 
is consistent with the public interest to preclude future violations of 
the EAR and prevent Mahan Airways' active efforts to evade the TDO.
    The export privileges of Al Naser Airlines, Ali Abdullah Alhay, and 
Bahar Safwa General Trading are being temporarily denied on an ex parte 
basis without a hearing based upon BIS's showing of an imminent 
violation in accordance with Section 766.24 of the Regulations.

IV. ORDER

    It is therefore ordered:
    First, that MAHAN AIRWAYS, Mahan Tower, No. 21, Azadegan St., M.A. 
Jenah Exp. Way, Tehran, Iran; PEJMAN MAHMOOD KOSARAYANIFARD A/K/A 
KOSARIAN FARD, P.O. Box 52404, Dubai, United Arab Emirates; MAHMOUD 
AMINI, G#22 Dubai Airport Free Zone, P.O. Box 393754, Dubai, United 
Arab Emirates, and P.O. Box 52404, Dubai, United Arab Emirates, and 
Mohamed Abdulla Alqaz Building, Al Maktoum Street, Al Rigga, Dubai, 
United Arab Emirates; KERMAN AVIATION A/K/A GIE KERMAN AVIATION, 42 
Avenue Montaigne 75008, Paris, France; SIRJANCO TRADING LLC, P.O. Box 
8709, Dubai, United Arab Emirates; ALI ESLAMIAN, 4th Floor, 33 
Cavendish Square, London W1G0PW, United Kingdom, and 2 Bentinck Close, 
Prince Albert Road St. Johns Wood, London NW87RY, United Kingdom; MAHAN 
AIR GENERAL TRADING LLC, 19th Floor Al Moosa Tower One, Sheik Zayed 
Road, Dubai 40594, United Arab Emirates; SKYCO (UK) LTD., 4th Floor, 33 
Cavendish Square, London, W1G 0PV, United Kingdom; EQUIPCO (UK) LTD., 2 
Bentinck Close, Prince Albert Road, London, NW8 7RY, United Kingdom; 
MEHDI BAHRAMI, Mahan Airways- Istanbul Office, Cumhuriye Cad. Sibil Apt 
No: 101 D:6, 34374 Emadad, Sisli Istanbul, Turkey; AL NASER AIRLINES A/
K/A AL-NASER AIRLINES A/K/A ALNASER AIRLINES AND AIR FREIGHT LTD., Home 
46, Al-Karrada, Babil Region, District 929, St 21, Beside Al Jadirya 
Private Hospital, Baghdad, Iraq, and Al Amirat Street, Section 309, St. 
3/H.20, Al Mansour, Baghdad, Iraq, and P.O. Box 28360, Dubai, United 
Arab Emirates; and P.O. Box 911399, Amman 11191, Jordan; ALI ABDULLAH 
ALHAY A/K/A ALI ALHAY A/K/A ALI ABDULLAH AHMED ALHAY, Home 46, Al-
Karrada, Babil Region, District 929, St 21, Beside Al Jadirya Private 
Hospital, Baghdad, Iraq, and Anak Street, Qatif, Saudi Arabia 61177; 
and BAHAR SAFWA GENERAL TRADING, P.O. Box 113212, Citadel Tower, Floor-
5, Office #504, Business Bay, Dubai, United Arab Emirates, and P.O. Box 
8709, Citadel Tower, Business Bay, Dubai, United Arab Emirates, and 
when acting for or on their behalf, any successors or assigns, agents, 
or employees (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. Benefitting 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.
    Second, that no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport to or on behalf of a Denied Person any item 
subject to the EAR;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by a 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 a 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 a Denied Person of any item subject to 
the EAR that has been exported from the United States;
    D. Obtain from a 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 a Denied Person, or service any item, 
of whatever origin, that is owned, possessed or controlled by a 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 a 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.
    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 Sections 766.24(e) of the EAR, 
Al Naser Airlines, Bahar Safwa General Trading, and/or Ali Abdullah 
Alhay may, at any time, appeal this Order by filing a full written 
statement in support of the

[[Page 30438]]

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. A renewal request may be 
opposed by Al Nasser Airlines, Ali Abdullah Alhay, or Bahar Safwa 
General Trading as provided in Section 766.24(d), by filing a written 
submission with the Assistant Secretary of Commerce 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 provided to Al Naser Airlines, Ali 
Abdullah Alhay, and Bahar Safwa General Trading and shall be published 
in the Federal Register. This Order is effective immediately and shall 
remain in effect until July 14, 2015, unless renewed in accordance with 
Section 766.24(d) of the Regulations.

    Dated: May 21, 2015.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2015-12851 Filed 5-27-15; 8:45 am]
 BILLING CODE P
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