Bureau of Industry and Security, 4250-4251 [2016-01438]

Agencies

• DEPARTMENT OF COMMERCE

[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4250-4251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01438]


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DEPARTMENT OF COMMERCE


Bureau of Industry and Security

Ribway Airlines Company Limited, 54 Kairaba Avenue, Kanifing 
Municipality, WRC, The Gambia
AF-Aviation Limited, Sebring House, 4 Newbridge Drive, 
Wolverhampton, WV6 ODF, United Kingdom
Andy Farmer, Sebring House, 4 Newbridge Drive, Wolverhampton, WV6 
ODF, United Kingdom
John Edward Meadows, 50 St. Leonards Road, Bexhill on Sea, East 
Sussex, TN40 1JB, United Kingdom
Jeffrey John James Ashfield, 50 St. Leonards Road, Bexhill on Sea, 
East Sussex, TN40 1JB, United Kingdom
Respondents

    Pursuant to Section 766.24 of the Export Administration Regulations 
(the ``Regulations'' or ``EAR''),\1\ the Bureau of Industry and 
Security (``BIS''), U.S. Department of Commerce, through its Office of 
Export Enforcement (``OEE''), has requested that I issue an Order 
temporarily denying, for a period of 180 days, the export privileges 
under the Regulations of: Ribway Airlines Company Limited, Af-Aviation 
Limited, Andy Farmer, John Edward Meadows, and Jeffrey John James 
Ashfield.
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    \1\ The EAR are currently codified at 15 CFR parts 730-774 
(2015). The EAR issued under the Export Administration Act of 1979, 
as amended (50 U.S.C. app. 2401-2420 (2000)) (``EAA''). 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, 2015 (80 FR 48,223 (Aug. 11, 
2015)), has continued the Regulations in effect under the 
International Emergency Economic Powers Act (50 U.S.C. 1701, et 
seq.) (2006 & Supp. IV 2010).
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    Pursuant to Section 766.24, BIS may issue 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.
    In its request, BIS has presented evidence that on or about 
December 30, 2015, Af-Aviation Limited, a United Kingdom company which 
holds itself out as providing aircraft ferry flight and trip planning 
services, intends to ferry/reexport two Boeing 737 aircraft, with 
manufacturer serial numbers 26458 and 26444, respectively, from Romania 
to Iran. \2\ Moreover, publically available aviation databases 
corroborate that MSNs 26458 and 26444 are destined to Iran, and 
specifically to Caspian Airlines.\3\ The reexport of these aircraft 
requires U.S. Government authorization

[[Page 4251]]

pursuant to Sections 742.8 and 746.7 of the Regulations. No U.S. 
Government authorization has been applied for or authorized for the 
reexport of these two aircraft to Iran. United Kingdom corporate 
registration documents list Andy Farmer as the director of Af-Aviation 
Limited. Both aircraft are currently registered in Gambia bearing tail 
numbers C5-AMH (MSN 26458) and C5-AND (MSN 26444) and according to the 
registration documents are currently owned by Ribway Airlines Company 
Limited.
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    \2\ Both Boeing 737s are subject to the EAR and are classified 
under Export Control Classification Number (``ECCN'') 9A991.b and 
are controlled for anti-terrorism reasons.
    \3\ Pursuant to Executive Order 13324, Caspian Airlines was 
designated a Specially Designated Global Terrorist (``SDGT'') by the 
U.S. Department of the Treasury's Office of Foreign Assets Control 
(``OFAC'') on August 29, 2014. See 79 FR 55,072 (Sep. 15, 2014).
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    Finally, both aircraft were insured under a policy issued by a 
United Kingdom insurance company. On December 30, 2015, those insurance 
contracts were cancelled and the insurance company notified John Edward 
Meadows and Jeffrey John James Ashfield, both United Kingdom citizens, 
of the cancellation. OEE's evidence indicates that John Meadows and 
Jeffrey Ashfield were both involved in brokering the sale of MSNs 26458 
and 26444 to Caspian Airlines. OEE's investigation also reveals prior 
business dealings between Meadows and Ashfield and Caspian Airlines.
    I find that the evidence presented by BIS demonstrates that a 
violation of the Regulations is imminent in both time and degree of 
likelihood. As such, a temporary denial order (``TDO'') is needed to 
give notice to persons and companies in the United States and abroad 
that they should cease dealing with Ribway Airlines Company Limited, 
Af-Aviation Limited, Andy Farmer, John Edward Meadows, and Jeffrey John 
James Ashfield in export or reexport transactions involving items 
subject to the EAR. Such a TDO is consistent with the public interest 
to preclude future violations of the EAR.
    Accordingly, I find that an Order denying the export privileges of 
Ribway Airlines Company Limited, Af-Aviation Limited, Andy Farmer, John 
Edward Meadows, and Jeffrey John James Ashfield is necessary, in the 
public interest, to prevent an imminent violation of the EAR.
    This Order is being issued 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.
    It is therefore ordered:
    First, that RIBWAY AIRLINES COMPANY LIMITED, 54 Kairaba Avenue, 
Kanifing Municipality, WCR, The Gambia; AF-AVIATION LIMITED, Sebring 
House, 4 Newbridge Drive, Wolverhampton, WV6 ODF, United Kingdom; ANDY 
FARMER, Sebring House, 4 Newbridge Drive, Wolverhampton, WV6 ODF, 
United Kingdom, JOHN EDWARD MEADOWS, 50 St. Leonards Road, Bexhill on 
Sea, East Sussex, TN40 1JB, United Kingdom; and JEFFREY JOHN JAMES 
ASHFIELD, 50 St. Leonards Road, Bexhill on Sea, East Sussex, TN40 1JB, 
United Kingdom, 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.
    In accordance with the provisions of Section 766.24(e) of the EAR, 
Respondents may, at any time, appeal this Order by filing a full 
written statement in support of the 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. Respondents may oppose a 
request to renew this Order by filing a written submission with the 
Assistant Secretary 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 served on Respondents and shall be 
published in the Federal Register.
    This Order is effective upon issuance and shall remain in effect 
for 180 days.

    Dated: January 19, 2016.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2016-01438 Filed 1-25-16; 8:45 am]
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