In the Matter of: Mojtaba Biria, Bassumer Strasse 65, 28816 Stuhr, Germany; Order Denying Export Privileges, 61869-61870 [2019-24737]
Download as PDF
<![CDATA[
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
the purpose of discussing the
Committee’s proposed forthcoming
topic of study: Voting Rights in
Washington.
DATES: The meetings will be held on
• Monday December 2, 2019, at 12:30
p.m. Pacific Time.
• Thursday December 19, 2019, at
1:30 p.m. Pacific Time.
Public Call Information: Dial: 800–
353–6461, Conference ID: 2306868.
FOR FURTHER INFORMATION CONTACT:
Melissa Wojnaroski, DFO, at
mwojnaroski@usccr.gov or 312–353–
8311.
SUPPLEMENTARY INFORMATION: Members
of the public may listen to the
discussion. This meeting is available to
the public through the above listed toll
free number. An open comment period
will be provided to allow members of
the public to make a statement as time
allows. The conference call operator
will ask callers to identify themselves,
the organization they are affiliated with
(if any), and an email address prior to
placing callers into the conference
room. Callers can expect to incur regular
charges for calls they initiate over
wireless lines, according to their
wireless plan. The Commission will not
refund any incurred charges. Callers
will incur no charge for calls they
initiate over land-line connections to
the toll-free telephone number. Persons
with hearing impairments may also
follow the proceedings by first calling
the Federal Relay Service at 1–800–877–
8339 and providing the Service with the
conference call number and conference
ID number.
Members of the public are also
entitled to submit written comments;
the comments must be received in the
regional office within 30 days following
the meeting. Written comments may be
mailed to the Regional Programs Unit
Office, U.S. Commission on Civil Rights,
230 S Dearborn, Suite 2120, Chicago, IL
60604. They may also be faxed to the
Commission at (312) 353–8324, or
emailed to Angelica Trevino at
atrevino@usccr.gov. Persons who desire
additional information may contact the
Regional Programs Unit Office at (312)
353–8311.
Records generated from this meeting
may be inspected and reproduced at the
Regional Programs Unit Office, as they
become available, both before and after
the meeting. Records of the meeting will
be available via www.facadatabase.gov
under the Commission on Civil Rights,
Washington Advisory Committee link.
Persons interested in the work of this
Committee are also directed to the
Commission’s website, https://
www.usccr.gov, or may contact the
VerDate Sep<11>2014
17:47 Nov 13, 2019
Jkt 250001
Regional Programs Unit office at the
above email or street address.
Agenda
Welcome and Roll Call
Discussion: Voting Rights in
Washington
Public Comment
Adjournment
Dated: November 7, 2019.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2019–24701 Filed 11–13–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Mojtaba Biria,
Bassumer Strasse 65, 28816 Stuhr,
Germany; Order Denying Export
Privileges
On August 14, 2019, in the U.S.
District Court for the Northern District
of New York, Mojtaba Biria (‘‘Biria’’)
was convicted of violating the
International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq.
(2012)) (‘‘IEEPA’’). Specifically, Biria
was convicted of violating IEEPA by
willfully conspiring to export and
causing to be exported from the United
States to Germany gas turbine parts,
with knowledge that such goods were
intended specifically for re-exportation
directly and indirectly to Iran, without
having first obtained the required U.S.
Government authorization. Biria was
sentenced to time served, a fine of
$5,000, and an assessment of $100.
The Export Administration
Regulations (‘‘EAR’’ or ‘‘Regulations’’)
are administered and enforced by the
U.S. Department of Commerce’s Bureau
of Industry and Security (‘‘BIS’’).1
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2019). The Regulations originally issued under
the Export Administration Act of 1979, as amended,
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13,222 of August 17, 2001
(3 CFR, 2001 Comp. 783 (2002)), which was
extended by successive Presidential Notices,
continued the Regulations in full force and effect
under the International Emergency Economic
Powers Act, 50 U.S.C. 1701, et seq. (2012)
(‘‘IEEPA’’). On August 13, 2018, the President
signed into law the John S. McCain National
Defense Authorization Act for Fiscal Year 2019,
which includes the Export Control Reform Act of
2018, 50 U.S.C. 4801–4852 (‘‘ECRA’’). While
Section 1766 of ECRA repeals the provisions of the
EAA (except for three sections which are
inapplicable here), Section 1768 of ECRA provides,
in pertinent part, that all rules and regulations that
were made or issued under the EAA, including as
continued in effect pursuant to IEEPA, and were in
effect as of ECRA’s date of enactment (August 13,
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
61869
Section 766.25 of the Regulations
provides, in pertinent part, that the
‘‘Director of [BIS’s] Office of Exporter
Services, in consultation with the
Director of [BIS’s] Office of Export
Enforcement, may deny the export
privileges of any person who has been
convicted of a violation of . . . the
International Emergency Economic
Powers Act (50 U.S.C 1701–1706).’’ 15
CFR 766.25(a). 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).2 In addition, pursuant to
Section 750.8 of the Regulations, BIS’s
Office of Exporter Services may revoke
any BIS-issued licenses in which the
person had an interest at the time of his/
her conviction.3
BIS received notice of Biria’s
conviction for violating IEEPA and,
pursuant to Section 766.25 of the
Regulations, provided notice and an
opportunity for Biria to make a written
submission to BIS. To date, BIS has not
received a written submission from
Biria.
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 Biria’s export
privileges under the Regulations for a
period of 10 years from the date of
Biria’s conviction. I have also decided to
revoke any BIS-issued licenses in which
Biria had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
August 14, 2029, Mojtaba Biria, with a
last known address at Bassumer Strasse
65, 28816 Stuhr, Germany, and when
acting for or on his behalf, his
successors, assigns, employees, agents
or representatives (‘‘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;
2018), shall continue in effect according to their
terms until modified, superseded, set aside, or
revoked through action undertaken pursuant to the
authority provided under ECRA.
2 See also Section 11(h) of the EAA, 50 U.S.C.
4610(h) (Supp. III 2015); Sections 1760(e) and 1768
of ECRA, 50 U.S.C. 4819 and 4826; and note 1,
supra.
3 See notes 1 and 2, supra.
E:\FR\FM\14NON1.SGM
14NON1
khammond on DSKJM1Z7X2PROD with NOTICES
61870
Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
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 engaging
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
from any other activity subject to the
Regulations.
Second, 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.
Third, 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 Biria by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
VerDate Sep<11>2014
17:47 Nov 13, 2019
Jkt 250001
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Biria 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.
Fifth, a copy of this Order shall be
delivered to Biria and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until August 14, 2029.
Issued this 7th day of November 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019–24737 Filed 11–13–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privilege:
Rasheed Al Jijakli; Correction
Summary: In the Federal Register of
Monday, October 7, 2019, the Bureau of
Industry and Security published an
Order denying the export privileges of
Rasheed Al Jijakli. The Order
inadvertently referenced the U.S.
District Court as the ‘‘U.S. District Court
for the Middle District of Georgia’’
instead of the ‘‘United States District
Court for the Central District of
California’’. This notice is being
published to correct the name of the
U.S. District Court.
Correction:
In the Federal Register of Monday,
October 7, 2019, in FR Doc. 2019–
21745, on page 53405, in the first full
paragraph of the third column, the
correct name of the U.S. District Court
should read as follows ‘‘. . . in the U.S.
District Court for the Central District of
California . . .’’
Issued this 7th day of November 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019–24738 Filed 11–13–19; 8:45 am]
BILLING CODE 3510–DT–P
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Case No. 18–BIS–0002]
In the Matter of: Ali Caby, a/k/a ‘‘Alex’’
Caby, Blvd. James Boucher 91, Apt.
13, Floor 4, Lozenets, Sofia, Bulgaria
1407, et al., Respondents; Order
Relating to Ali Caby, a/k/a ‘‘Alex’’ Caby
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’),
has notified Ali Caby, a/k/a ‘‘Alex’’
Caby, of Sofia, Bulgaria, that it has
initiated an administrative proceeding
against him pursuant to Section 766.3 of
the Export Administration Regulations
(the ‘‘Regulations’’),1 through the
issuance of a Charging Letter alleging
that Ali Caby, Arash Caby, Marjan Caby,
AW-Tronics LLC, (‘‘AW-Tronics’’) and
Arrowtronic, LLC (‘‘Arrowtronic’’)
(collectively, ‘‘Respondents’’) violated
the Regulations as follows:
Charge 1 15 CFR 764.2(d)—Conspiracy
Beginning as early as in or about
September 2013, and continuing through in
or about March 2014, Respondents conspired
and acted in concert with others, known and
unknown, to bring about one or more acts
that constitute a violation of the Regulations.
The purpose and object of the conspiracy was
to unlawfully export goods from the United
States through transshipment points to Syria,
including to Syrian Arab Airlines (‘‘Syrian
Air’’), the flag carrier airline of Syria and a
Specially Designated Global Terrorist
(‘‘SDGT’’), and in doing so evade the
prohibitions and licensing requirements of
the Regulations and avoid detection by U.S.
law enforcement.
1 The Regulations originally issued under the
Export Administration Act of 1979, as amended, 50
U.S.C. 4601–4623 (Supp. III 2015) (‘‘the EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13,222 of August 17, 2001
(3 CFR, 2001 Comp. 783 (2002)), which was
extended by successive Presidential Notices,
continued the Regulations in full force and effect
under the International Emergency Economic
Powers Act, 50 U.S.C. 1701, et seq. (2012)
(‘‘IEEPA’’). On August 13, 2018, the President
signed into law the John S. McCain National
Defense Authorization Act for Fiscal Year 2019,
which includes the Export Control Reform Act of
2018, 50 U.S.C. 4801–4852 (‘‘ECRA’’). While
Section 1766 of ECRA repeals the provisions of the
EAA (except for three sections which are
inapplicable here), Section 1768 of ECRA provides,
in pertinent part, that all rules and regulations that
were made or issued under the EAA, including as
continued in effect pursuant to IEEPA, and were in
effect as of ECRA’s date of enactment (August 13,
2018), shall continue in effect according to their
terms until modified, superseded, set aside, or
revoked through action undertaken pursuant to the
authority provided under ECRA. The Regulations
are currently codified in the Code of Federal
Regulations at 15 CFR parts 730–774 (2018). The
charged violation occurred in 2013–2014. The
Regulations governing the violation at issue are
found in the 2013–2014 versions of the Code of
Federal Regulations (15 CFR parts 730–774 (2013–
2014)). The 2019 Regulations set forth the
procedures that apply to this matter.
E:\FR\FM\14NON1.SGM
14NON1
]]>Agencies
[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Pages 61869-61870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24737]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Mojtaba Biria, Bassumer Strasse 65, 28816
Stuhr, Germany; Order Denying Export Privileges
On August 14, 2019, in the U.S. District Court for the Northern
District of New York, Mojtaba Biria (``Biria'') was convicted of
violating the International Emergency Economic Powers Act (50 U.S.C.
1701, et seq. (2012)) (``IEEPA''). Specifically, Biria was convicted of
violating IEEPA by willfully conspiring to export and causing to be
exported from the United States to Germany gas turbine parts, with
knowledge that such goods were intended specifically for re-exportation
directly and indirectly to Iran, without having first obtained the
required U.S. Government authorization. Biria was sentenced to time
served, a fine of $5,000, and an assessment of $100.
The Export Administration Regulations (``EAR'' or ``Regulations'')
are administered and enforced by the U.S. Department of Commerce's
Bureau of Industry and Security (``BIS'').\1\ Section 766.25 of the
Regulations provides, in pertinent part, that the ``Director of [BIS's]
Office of Exporter Services, in consultation with the Director of
[BIS's] Office of Export Enforcement, may deny the export privileges of
any person who has been convicted of a violation of . . . the
International Emergency Economic Powers Act (50 U.S.C 1701-1706).'' 15
CFR 766.25(a). 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).\2\ In addition, pursuant to Section 750.8 of the
Regulations, BIS's Office of Exporter Services may revoke any BIS-
issued licenses in which the person had an interest at the time of his/
her conviction.\3\
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2019). The Regulations
originally issued under the Export Administration Act of 1979, as
amended, 50 U.S.C. 4601-4623 (Supp. III 2015) (``EAA''), which
lapsed on August 21, 2001. The President, through Executive Order
13,222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which was
extended by successive Presidential Notices, continued the
Regulations in full force and effect under the International
Emergency Economic Powers Act, 50 U.S.C. 1701, et seq. (2012)
(``IEEPA''). On August 13, 2018, the President signed into law the
John S. McCain National Defense Authorization Act for Fiscal Year
2019, which includes the Export Control Reform Act of 2018, 50
U.S.C. 4801-4852 (``ECRA''). While Section 1766 of ECRA repeals the
provisions of the EAA (except for three sections which are
inapplicable here), Section 1768 of ECRA provides, in pertinent
part, that all rules and regulations that were made or issued under
the EAA, including as continued in effect pursuant to IEEPA, and
were in effect as of ECRA's date of enactment (August 13, 2018),
shall continue in effect according to their terms until modified,
superseded, set aside, or revoked through action undertaken pursuant
to the authority provided under ECRA.
\2\ See also Section 11(h) of the EAA, 50 U.S.C. 4610(h) (Supp.
III 2015); Sections 1760(e) and 1768 of ECRA, 50 U.S.C. 4819 and
4826; and note 1, supra.
\3\ See notes 1 and 2, supra.
---------------------------------------------------------------------------
BIS received notice of Biria's conviction for violating IEEPA and,
pursuant to Section 766.25 of the Regulations, provided notice and an
opportunity for Biria to make a written submission to BIS. To date, BIS
has not received a written submission from Biria.
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 Biria's export privileges under the Regulations
for a period of 10 years from the date of Biria's conviction. I have
also decided to revoke any BIS-issued licenses in which Biria had an
interest at the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until August 14, 2029, Mojtaba
Biria, with a last known address at Bassumer Strasse 65, 28816 Stuhr,
Germany, and when acting for or on his behalf, his successors, assigns,
employees, agents or representatives (``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;
[[Page 61870]]
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 engaging 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 from any other activity subject to the Regulations.
Second, 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.
Third, 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 Biria by ownership, control,
position of responsibility, affiliation, or other connection in the
conduct of trade or business may also be made subject to the provisions
of this Order in order to prevent evasion of this Order.
Fourth, in accordance with Part 756 of the Regulations, Biria 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.
Fifth, a copy of this Order shall be delivered to Biria and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until August 14, 2029.
Issued this 7th day of November 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019-24737 Filed 11-13-19; 8:45 am]
BILLING CODE P
