In the Matter of: Mohammad Khazrai Shaneivar, 16 Udine Court, Richmond Hill, Ontario, L4C8C6, Canada; Order Denying Export Privileges, 14600-14601 [2023-04823]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 14600 Federal Register / Vol. 88, No. 46 / Thursday, March 9, 2023 / Notices 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; 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, reexport, or transfer (incountry) 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 VerDate Sep<11>2014 18:19 Mar 08, 2023 Jkt 259001 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, pursuant to section 1760(e) of the Export Control Reform Act (50 U.S.C. 4819(e)) and sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Mohamadi 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, Mohamadi 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 Mohamadi and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until September 10, 2029. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–04822 Filed 3–8–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Mohammad Khazrai Shaneivar, 16 Udine Court, Richmond Hill, Ontario, L4C8C6, Canada; Order Denying Export Privileges On October 1, 2020, in the U.S. District Court for the Northern District of Ohio, Mohammad Khazrai Shaneivar (‘‘Shaneivar’’), was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.) (‘‘IEEPA’’). Specifically, Shaneivar was convicted of exporting and causing to be exported goods from the United States to Iran without the required authorizations from the United States Department of the Treasury’s Office of Foreign Assets Control. As a result of his conviction, the Court sentenced Shaneivar to $100,000 criminal fine in lieu of probation or imprisonment and a $100 assessment. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Pursuant to section 1760(e) of the Export Control Reform Act (‘‘ECRA’’),1 the export privileges of any person who has been convicted of certain offenses, including, but not limited to, IEEPA, may be denied for a period of up to ten (10) years from the date of his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). In addition, any Bureau of Industry and Security (BIS) licenses or other authorizations issued under ECRA, in which the person had an interest at the time of the conviction, may be revoked. Id. BIS received notice of Shaneivar’s conviction for violating IEEPA, and has provided notice and opportunity for Shaneivar to make a written submission to BIS, as provided in section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’). 15 CFR 766.25.2 BIS has received notice from counsel that Shaneiver does not intend to submit a written submission. Based upon my review of the record and consultations with BIS’s Office of Exporter Services, including its Director, and the facts available to BIS, I have decided to deny Shaneivar’s export privileges under the Regulations for a period of ten years from the date of Shaneivar’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Shaneivar had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until October 1, 2030, Mohammad Khazrai Shaneivar, with a last known address of 16 Udine Court, Richmond Hill, Ontario, L4C8C6, Canada, 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; B. Carrying on negotiations concerning, or ordering, buying, 1 ECRA was enacted on August 13, 2018, as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 and, as amended, is codified at 50 U.S.C. 4801–4852. 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2022). 3 The Director, Office of Export Enforcement, is the authorizing official for issuance of denial orders, pursuant to amendments to the Regulations (85 FR 73411, November 18, 2020). E:\FR\FM\09MRN1.SGM 09MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 46 / Thursday, March 9, 2023 / Notices 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, reexport, or transfer (incountry) 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, pursuant to section 1760(e) of the Export Control Reform Act (50 U.S.C. 4819(e)) and sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Shaneivar 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 18:19 Mar 08, 2023 Jkt 259001 the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with part 756 of the Regulations, Shaneivar 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 Shaneivar and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until October 1, 2030. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–04823 Filed 3–8–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Edgar Ariel BernalGonzalez, 11932 Lake June Road, Balch Springs, TX 75180; Order Denying Export Privileges On June 10, 2021, in the U.S. District Court for the Southern District of Texas, Edgar Ariel Bernal-Gonzalez (‘‘BernalGonzalez’’) was convicted of violating 18 U.S.C. 554(a). Specifically, BernalGonzalez was convicted of smuggling and attempting to smuggle from the United States to Mexico, approximately 50 rounds of 9 mm ammunition, approximately 50 rounds of .38 caliber ammunition, one MEC–GAR Colt 38 magazine, one AK–47 Quad rail system and 12 rubber rifle rail guards. As a result of his conviction, the Court sentenced Bernal-Gonzalez to 10 months of confinement, three years supervised release and $100 assessment. Pursuant to section 1760(e) of the Export Control Reform Act (‘‘ECRA’’),1 the export privileges of any person who has been convicted of certain offenses, including, but not limited to, 18 U.S.C. 554, may be denied for a period of up to ten (10) years from the date of his/her conviction. 50 U.S.C. 4819(e). In addition, any Bureau of Industry and Security (‘‘BIS’’) licenses or other authorizations issued under ECRA, in which the person had an interest at the time of the conviction, may be revoked. Id. BIS received notice of BernalGonzalez’s conviction for violating 18 1 ECRA was enacted on August 13, 2018, as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, and as amended is codified at 50 U.S.C. 4801–4852. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 14601 U.S.C. 554. As provided in section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’), BIS provided notice and opportunity for Bernal-Gonzalez to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from BernalGonzalez. Based upon my review of the record and consultations with BIS’s Office of Exporter Services, including its Director, and the facts available to BIS, I have decided to deny BernalGonzalez’s export privileges under the Regulations for a period of five years from the date of Bernal-Gonzalez’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which BernalGonzalez had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until June 10, 2026, Edgar Ariel BernalGonzalez, with a last known address of 11932 Lake June Road, Balch Springs, TX 75180, 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; 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: 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2022). 3 The Director, Office of Export Enforcement, is the authorizing official for issuance of denial orders pursuant to amendments to the Regulations (85 FR 73411, November 18, 2020). E:\FR\FM\09MRN1.SGM 09MRN1

Agencies

[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Pages 14600-14601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04823]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Mohammad Khazrai Shaneivar, 16 Udine Court, 
Richmond Hill, Ontario, L4C8C6, Canada; Order Denying Export Privileges

    On October 1, 2020, in the U.S. District Court for the Northern 
District of Ohio, Mohammad Khazrai Shaneivar (``Shaneivar''), was 
convicted of violating the International Emergency Economic Powers Act 
(50 U.S.C. 1701, et seq.) (``IEEPA''). Specifically, Shaneivar was 
convicted of exporting and causing to be exported goods from the United 
States to Iran without the required authorizations from the United 
States Department of the Treasury's Office of Foreign Assets Control. 
As a result of his conviction, the Court sentenced Shaneivar to 
$100,000 criminal fine in lieu of probation or imprisonment and a $100 
assessment.
    Pursuant to section 1760(e) of the Export Control Reform Act 
(``ECRA''),\1\ the export privileges of any person who has been 
convicted of certain offenses, including, but not limited to, IEEPA, 
may be denied for a period of up to ten (10) years from the date of 
his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). In addition, 
any Bureau of Industry and Security (BIS) licenses or other 
authorizations issued under ECRA, in which the person had an interest 
at the time of the conviction, may be revoked. Id.
---------------------------------------------------------------------------

    \1\ ECRA was enacted on August 13, 2018, as part of the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019 and, 
as amended, is codified at 50 U.S.C. 4801-4852.
---------------------------------------------------------------------------

    BIS received notice of Shaneivar's conviction for violating IEEPA, 
and has provided notice and opportunity for Shaneivar to make a written 
submission to BIS, as provided in section 766.25 of the Export 
Administration Regulations (``EAR'' or the ``Regulations''). 15 CFR 
766.25.\2\ BIS has received notice from counsel that Shaneiver does not 
intend to submit a written submission.
---------------------------------------------------------------------------

    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2022).
---------------------------------------------------------------------------

    Based upon my review of the record and consultations with BIS's 
Office of Exporter Services, including its Director, and the facts 
available to BIS, I have decided to deny Shaneivar's export privileges 
under the Regulations for a period of ten years from the date of 
Shaneivar's conviction. The Office of Exporter Services has also 
decided to revoke any BIS-issued licenses in which Shaneivar had an 
interest at the time of his conviction.\3\
---------------------------------------------------------------------------

    \3\ The Director, Office of Export Enforcement, is the 
authorizing official for issuance of denial orders, pursuant to 
amendments to the Regulations (85 FR 73411, November 18, 2020).
---------------------------------------------------------------------------

    Accordingly, it is hereby ordered:
    First, from the date of this Order until October 1, 2030, Mohammad 
Khazrai Shaneivar, with a last known address of 16 Udine Court, 
Richmond Hill, Ontario, L4C8C6, Canada, 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;
    B. Carrying on negotiations concerning, or ordering, buying,

[[Page 14601]]

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, reexport, or transfer (in-country) 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, pursuant to section 1760(e) of the Export Control Reform Act 
(50 U.S.C. 4819(e)) and sections 766.23 and 766.25 of the Regulations, 
any other person, firm, corporation, or business organization related 
to Shaneivar 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, Shaneivar 
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 Shaneivar and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until October 1, 2030.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-04823 Filed 3-8-23; 8:45 am]
BILLING CODE 3510-DT-P

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