Order Relating to AW-Tronics LLC, 62502-62504 [2019-24824]

Download as PDF 62502 Notices Federal Register Vol. 84, No. 221 Friday, November 15, 2019 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request November 12, 2019. The Department of Agriculture will submit the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13 on or after the date of publication of this notice. Comments are requested regarding: (1) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency’s estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, Washington, DC; New Executive Office Building, 725 17th Street NW, Washington, DC 20503. Commenters are encouraged to submit their comments to OMB via email to: OIRA_Submission@omb.eop.gov or fax (202) 395–5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250– 7602. Dates: Comments regarding these information collections are best assured of having their full effect if received by December 16, 2019. Copies of the submission(s) may be obtained by calling (202) 720–8681. An agency may not conduct or sponsor a collection of VerDate Sep<11>2014 16:58 Nov 14, 2019 Jkt 250001 information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. National Agricultural Statistics Service (NASS) Title: Field Crops Production— County Estimates Survey—Row Crops— Substantive Change. OMB Control Number: 0535–0002. Summary of Collection: General authority for these data collection activities is granted under U.S. Code Title 7, Section 2204 which specifies that ‘‘The Secretary of Agriculture shall procure and preserve all information concerning agriculture which he can obtain . . . by the collection of statistics . . .’’. The primary objective of the National Agricultural Statistics Service (NASS) is to provide data users with timely and reliable agricultural production and economic statistics, as well as environmental and specialty agricultural related statistics. To accomplish this objective, NASS relies on the use of diverse surveys that show changes within the farming industry over time. Numerous surveys included in the Agricultural Surveys Program (0535– 0213) and the Field Crops Production docket (0535–0002) are used to set State and National estimates for numerous commodities. In order to publish data on a county level, much larger samples are needed. Within the Field Crops docket, are two surveys that collect supplemental data for the purpose of publishing county level data. Historically, the data collection costs for these two surveys has been partially funded through a cooperative agreement between NASS and the USDA Risk Management Agency (RMA). Due to program changes, RMA withdrew from this cooperative agreement this year. As a result, NASS is forced to reduce the County Estimates program. In the first step, NASS will reduce the number of commodities for which county level data will be made available. The commodities for which county level data will be discontinued are: Dry edible beans, flaxseed, hay (alfalfa and other), potatoes, sugarbeets, sugarcane, sunflower (non-oil and oil varieties) and PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 tobacco. In addition, NASS will discontinue county estimates based on irrigated/non-irrigated practices. In the second step, in early 2020 NASS will evaluate the need for potentially more cost savings to the county estimate programs. If additional savings are needed, changes to small grain county estimates will be published in the Federal Register. This substantive change resulted in an overall decrease in response burden of approximately 13,940 hours. The target sample size for enumerated questionnaires will be reduced by approximately 51,000. Need and Use of the Information: County estimates for field crops are used by the Farm Service Agency (FSA) to carry out their legislative mandates. The primary use of the data is to determine average yields by county, used in determining participating farmers’ compensation payments. The information is useful to the Natural Resources Conservation Service (NRCS) for administering programs. The information will also benefit the agricultural sector more generally by enabling the rental market for cropland to operate more competitively. Description of Respondents: Farms sampled for the County Estimates—Row Crops. Number of Respondents: 124,000. Frequency of Responses: Reporting: Once. Total Burden Hours: 33,894. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. 2019–24789 Filed 11–14–19; 8:45 am] BILLING CODE 3410–20–P DEPARTMENT OF COMMERCE Bureau of Industry and Security [Case No. 18–BIS–0002] Order Relating to AW-Tronics LLC In the Matter of: AW-Tronics LLC, 7405 SW 79CT, Miami, FL 33143, et al., Respondents The Bureau of Industry and Security, U.S. Department of Commerce (‘‘BIS’’), has notified AW-Tronics LLC, of Miami, Florida, (‘‘AW-Tronics’’) that it has initiated an administrative proceeding E:\FR\FM\15NON1.SGM 15NON1 Federal Register / Vol. 84, No. 221 / Friday, November 15, 2019 / Notices against it pursuant to Section 766.3 of the Export Administration Regulations (the ‘‘Regulations’’),1 through the issuance of a Charging Letter alleging that AW-Tronics, Ali Caby, Arash Caby, Marjan Caby, 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. Pursuant to Section 746.9 of the Regulations, a license is required for the export or reexport to Syria of all items subject to the Regulations, except food and medicine classified as EAR99. Furthermore, pursuant to Section 744.12 of the Regulations, a license is required to export or reexport items subject to the Regulations to SDGTs. Syrian Air was designated as an SDGT on May 16, 2013 (see 78 FR 32304, May 29, 2013), under authority granted to the Department of the Treasury by Executive Order 13,224, and was at all times pertinent hereto (and remains) listed as an SDGT. At all pertinent times, AW-Tronics and Arrowtronic were active limited liability companies incorporated in the State of 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. VerDate Sep<11>2014 16:58 Nov 14, 2019 Jkt 250001 Florida. Documentary evidence and email correspondence shows that AW-Tronics personnel represented to various transaction parties that AW-Tronics and Arrowtronic (collectively, ‘‘AW-Tronics/Arrowtronic’’) were the same company. Arash Caby was listed on Florida corporate records as a Managing Member of AW-Tronics at the time of the violations. From January 2014 until its most recent annual report in January 2017, Ali Caby was listed on Florida corporate records as the registered agent of AWTronics. AW-Tronics/Arrowtronic has maintained offices in Miami, Florida and Sofia, Bulgaria, as well as other locations. As part of the conspiracy, the coconspirators used electronic mail (email) and other forms of communication to communicate with each other between the United States, Bulgaria, United Arab Emirates (UAE), and Syria. Under their scheme, co-conspirators would purchase from U.S. suppliers or vendors items subject to the Regulations for export to Syrian Air in Syria, including aircraft parts and equipment, and would provide materially false or misleading documents and information to conceal the illegal exports. In furtherance of the conspiracy, they also would arrange for payment for the illegal exports to be made using third-party companies to transfer payments between the co-conspirators. Overall, between in or about September 2013 and in or about March 2014, Respondents engaged in multiple transactions with Syrian Air involving the export of aircraft parts and equipment subject to the Regulations from the Miami office of AW-Tronics/Arrowtronic to Syrian Air’s transshipment point in Dubai, United Arab Emirates. These items were actually intended for, and some or all were ultimately delivered to, Syrian Air in Syria. During the conspiracy, Ali Caby managed the Bulgaria office of AW-Tronics/ Arrowtronic, while Arash Caby managed its Miami office, and Marjan Caby was its internal auditor. In furtherance of the conspiracy, each of these respondents exchanged numerous emails with other AWTronics/Arrowtronic employees authorizing or otherwise discussing the above-described exports to Syrian Air. These email communications included, for example, instructions that were designed to prevent U.S. law enforcement from detecting the unlawful exports to Syria and to allow them to continue by changing the routing of exports from AW-Tronics/Arrowtronic’s Miami, Florida office. In March 2014, United States Customs and Border Protection seized a shipment of micro switches that, according to Electronic Export Information (EEI) filed in the Automated Export System, was destined for Syrian Air in the UAE, when, in fact, the ultimate destination was Syria. On March 5, 2014, Marjan Caby sent an email to AWTronics/Arrowtronic logistics employees, copying Alex Caby, that explained, ‘‘We will . . . have packages stopped by the US Customs and Border Control [and] have a case file like this for the same client[,]’’ and provided instructions stating, ‘‘NOTHING WILL BE SHIPPED TO CLIENTS IN THE MIDDLE EAST FROM THE USA OFFICE. WE HAVE TO SEND TO BG [Bulgaria] THEN TO CLIENT.’’ (Emphasis in original). ‘‘SYRIA’’ PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 62503 was specifically listed as one country for which Respondents would use Bulgaria as a transshipment point. (Same). In so doing, Ali Caby, a/k/a Alex Caby, Arash Caby, a/k/a ‘‘Axel’’ Caby, Marjan Caby, AW-Tronics, LLC, and Arrowtronic, LLC violated Section 764.2(d) of the Regulations, for which they are jointly and severally liable. Whereas, BIS and AW-Tronics have entered into a Settlement Agreement pursuant to Section 766.18(b) of the Regulations, whereby they agreed to settle this matter in accordance with the terms and conditions set forth therein; and Whereas, I have approved of the terms of the Settlement Agreement; It is therefore ordered: First, for the period of six (6) years from the date of this Order AW-Tronics LLC, with a last known address of 7405 SW 79CT, Miami, FL 33143, and when acting for or on its behalf, its successors, assigns, director, officers, representatives, agents, or employees (hereinafter collectively referred to as 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 to or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations, including, but not limited to: A. Applying for, obtaining, or using any license, license exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or 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 E:\FR\FM\15NON1.SGM 15NON1 62504 Federal Register / Vol. 84, No. 221 / Friday, November 15, 2019 / Notices 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, any licenses issued under the Regulations in which AW-Tronics has an interest as of the date of this Order shall be revoked by BIS. Fourth, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any person, firm, corporation, or business organization related to the Denied Person by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order. Fifth, AW-Tronics shall not take any action or make or permit to be made any public statement, directly or indirectly, denying the allegations in the Charging Letter or this Order. Sixth, the Charging Letter, the Settlement Agreement, and this Order shall be made available to the public. Seventh, this Order shall be served on AW-Tronics and shall be published in the Federal Register. This Order, which constitutes the final agency action in this matter related to AW-Tronics, is effective immediately. Dated: October 30, 2019. Douglas R. Hassebrock, Director, Office of Export Enforcement, performing the non-exclusive functions and duties of the Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2019–24824 Filed 11–14–19; 8:45 am] BILLING CODE 3510–33–P VerDate Sep<11>2014 16:58 Nov 14, 2019 Jkt 250001 DEPARTMENT OF COMMERCE International Trade Administration [A–552–817] Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain oil country tubular goods (OCTG) from the Socialist Republic of Vietnam (Vietnam) are being sold in the United States at less than normal value (NV) during the period of review (POR) September 1, 2017 through October 31, 2018. Interested parties are invited to comment on these preliminary results. DATES: Applicable November 15, 2019. FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2924. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 15, 2018, Commerce initiated an administrative review of the antidumping order on OCTG from Vietnam.1 The review covers SeAH Steel VINA Corporation (SSV) and its U.S. affiliate Pusan Pipe America, Inc. (PPA).2 Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018 through the resumption of operations on January 29, 2019.3 Commerce extended the deadline for the preliminary results until November 8, 2019.4 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 57411 (November 15, 2018) (Initiation Notice). 2 PPA is the importer of record for all of SSV’s shipments of subject merchandise to the United States during the POR. See SSV December 19, 2018 Section A Questionnaire Response at 1. 3 See Memorandum, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 4 See Memoranda, ‘‘Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review,’’ dated July 2, 2019; and ‘‘Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review,’’ dated October 9, 2019. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 For a full description of events that have occurred since the Initiation Notice, see the Preliminary Decision Memorandum.5 A list of topics included in the Preliminary Decision Memorandum is included as an appendix 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 http:// access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Order The merchandise covered by the order is certain OCTG. The merchandise subject to the order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 7306.29.81.50. The merchandise subject to the order may also enter under the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28, 7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 5 See Memorandum, ‘‘Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\15NON1.SGM 15NON1

Agencies

[Federal Register Volume 84, Number 221 (Friday, November 15, 2019)]
[Notices]
[Pages 62502-62504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24824]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Case No. 18-BIS-0002]


 Order Relating to AW-Tronics LLC

    In the Matter of:

AW-Tronics LLC, 7405 SW 79CT, Miami, FL 33143, et al.,

    Respondents

    The Bureau of Industry and Security, U.S. Department of Commerce 
(``BIS''), has notified AW-Tronics LLC, of Miami, Florida, (``AW-
Tronics'') that it has initiated an administrative proceeding

[[Page 62503]]

against it pursuant to Section 766.3 of the Export Administration 
Regulations (the ``Regulations''),\1\ through the issuance of a 
Charging Letter alleging that AW-Tronics, Ali Caby, Arash Caby, Marjan 
Caby, and Arrowtronic, LLC (``Arrowtronic'') (collectively, 
``Respondents'') violated the Regulations as follows:
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
    Pursuant to Section 746.9 of the Regulations, a license is 
required for the export or reexport to Syria of all items subject to 
the Regulations, except food and medicine classified as EAR99. 
Furthermore, pursuant to Section 744.12 of the Regulations, a 
license is required to export or reexport items subject to the 
Regulations to SDGTs. Syrian Air was designated as an SDGT on May 
16, 2013 (see 78 FR 32304, May 29, 2013), under authority granted to 
the Department of the Treasury by Executive Order 13,224, and was at 
all times pertinent hereto (and remains) listed as an SDGT.
    At all pertinent times, AW-Tronics and Arrowtronic were active 
limited liability companies incorporated in the State of Florida. 
Documentary evidence and email correspondence shows that AW-Tronics 
personnel represented to various transaction parties that AW-Tronics 
and Arrowtronic (collectively, ``AW-Tronics/Arrowtronic'') were the 
same company. Arash Caby was listed on Florida corporate records as 
a Managing Member of AW-Tronics at the time of the violations. From 
January 2014 until its most recent annual report in January 2017, 
Ali Caby was listed on Florida corporate records as the registered 
agent of AW-Tronics. AW-Tronics/Arrowtronic has maintained offices 
in Miami, Florida and Sofia, Bulgaria, as well as other locations.
    As part of the conspiracy, the co-conspirators used electronic 
mail (email) and other forms of communication to communicate with 
each other between the United States, Bulgaria, United Arab Emirates 
(UAE), and Syria. Under their scheme, co-conspirators would purchase 
from U.S. suppliers or vendors items subject to the Regulations for 
export to Syrian Air in Syria, including aircraft parts and 
equipment, and would provide materially false or misleading 
documents and information to conceal the illegal exports. In 
furtherance of the conspiracy, they also would arrange for payment 
for the illegal exports to be made using third-party companies to 
transfer payments between the co-conspirators. Overall, between in 
or about September 2013 and in or about March 2014, Respondents 
engaged in multiple transactions with Syrian Air involving the 
export of aircraft parts and equipment subject to the Regulations 
from the Miami office of AW-Tronics/Arrowtronic to Syrian Air's 
transshipment point in Dubai, United Arab Emirates. These items were 
actually intended for, and some or all were ultimately delivered to, 
Syrian Air in Syria.
    During the conspiracy, Ali Caby managed the Bulgaria office of 
AW-Tronics/Arrowtronic, while Arash Caby managed its Miami office, 
and Marjan Caby was its internal auditor. In furtherance of the 
conspiracy, each of these respondents exchanged numerous emails with 
other AW-Tronics/Arrowtronic employees authorizing or otherwise 
discussing the above-described exports to Syrian Air. These email 
communications included, for example, instructions that were 
designed to prevent U.S. law enforcement from detecting the unlawful 
exports to Syria and to allow them to continue by changing the 
routing of exports from AW-Tronics/Arrowtronic's Miami, Florida 
office. In March 2014, United States Customs and Border Protection 
seized a shipment of micro switches that, according to Electronic 
Export Information (EEI) filed in the Automated Export System, was 
destined for Syrian Air in the UAE, when, in fact, the ultimate 
destination was Syria. On March 5, 2014, Marjan Caby sent an email 
to AW-Tronics/Arrowtronic logistics employees, copying Alex Caby, 
that explained, ``We will . . . have packages stopped by the US 
Customs and Border Control [and] have a case file like this for the 
same client[,]'' and provided instructions stating, ``NOTHING WILL 
BE SHIPPED TO CLIENTS IN THE MIDDLE EAST FROM THE USA OFFICE. WE 
HAVE TO SEND TO BG [Bulgaria] THEN TO CLIENT.'' (Emphasis in 
original). ``SYRIA'' was specifically listed as one country for 
which Respondents would use Bulgaria as a transshipment point. 
(Same).
    In so doing, Ali Caby, a/k/a Alex Caby, Arash Caby, a/k/a 
``Axel'' Caby, Marjan Caby, AW-Tronics, LLC, and Arrowtronic, LLC 
violated Section 764.2(d) of the Regulations, for which they are 
jointly and severally liable.

    Whereas, BIS and AW-Tronics have entered into a Settlement 
Agreement pursuant to Section 766.18(b) of the Regulations, whereby 
they agreed to settle this matter in accordance with the terms and 
conditions set forth therein; and
    Whereas, I have approved of the terms of the Settlement Agreement;
    It is therefore ordered:
    First, for the period of six (6) years from the date of this Order 
AW-Tronics LLC, with a last known address of 7405 SW 79CT, Miami, FL 
33143, and when acting for or on its behalf, its successors, assigns, 
director, officers, representatives, agents, or employees (hereinafter 
collectively referred to as 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 to or to be exported from the United States that 
is subject to the Regulations, or in any other activity subject to the 
Regulations, including, but not limited to:
    A. Applying for, obtaining, or using any license, license 
exception, or export control document;
    B. Carrying on negotiations concerning, or ordering, buying, 
receiving, using, selling, delivering, storing, disposing of, 
forwarding, transporting, financing, or otherwise servicing in any way, 
any transaction involving any item exported or to be exported from the 
United States that is subject to the Regulations, or 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

[[Page 62504]]

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, any licenses issued under the Regulations in which AW-
Tronics has an interest as of the date of this Order shall be revoked 
by BIS.
    Fourth, after notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any person, firm, corporation, or 
business organization related to the Denied Person by affiliation, 
ownership, control, or position of responsibility in the conduct of 
trade or related services may also be made subject to the provisions of 
this Order.
    Fifth, AW-Tronics shall not take any action or make or permit to be 
made any public statement, directly or indirectly, denying the 
allegations in the Charging Letter or this Order.
    Sixth, the Charging Letter, the Settlement Agreement, and this 
Order shall be made available to the public.
    Seventh, this Order shall be served on AW-Tronics and shall be 
published in the Federal Register.
    This Order, which constitutes the final agency action in this 
matter related to AW-Tronics, is effective immediately.

    Dated: October 30, 2019.
Douglas R. Hassebrock,
Director, Office of Export Enforcement, performing the non-exclusive 
functions and duties of the Assistant Secretary of Commerce for Export 
Enforcement.
[FR Doc. 2019-24824 Filed 11-14-19; 8:45 am]
 BILLING CODE 3510-33-P