80 FR 30435 -

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 102 (May 28, 2015)

Page Range		30435-30438
FR Document		2015-12851
Federal Register, Volume 80 Issue 102 (Thursday, May 28, 2015)
[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Notices]
[Pages 30435-30438]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12851]


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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:
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    \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.
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    \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.
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    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\
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    \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.
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    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.
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    \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.
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    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
30436 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices

Gatewick Freight and Cargo Services, deliberate, covert and/or likely to occur the aircraft that have been obtained from
a/k/a Gatewick Aviation Services), again, rather than technical or negligent the seller and show that Ali Abdullah
Mahmoud Amini, and Pejman [.]’’ Id. A ‘‘lack of information Alhay signed both agreements for Al
Mahmood Kosarayanifard (‘‘Kosarian establishing the precise time a violation Naser Airlines.
Fard’’) were added as related persons in may occur does not preclude a finding The sales agreement for Airbus A321
accordance with Section 766.23 of the that a violation is imminent, so long as (MSN 550) is dated November 24, 2014,
Regulations.4 On July 1, 2011, the TDO there is sufficient reason to believe the and lists a ‘‘Final Sale Date’’ of January
was modified by adding Zarand likelihood of a violation.’’ Id. 30, 2015. Payment information for the
Aviation as a respondent in order to B. OEE’s Request To Add Additional aircraft reveals that between November
prevent an imminent violation.5 As part Respondents to TDO 2014 and January 2015, Ali Abdullah
of the August 24, 2011 renewal, Kerman Alhay made two electronic funds
Aviation, Sirjanco Trading LLC, and Ali In support of its request to modify the transfers (‘‘EFT’’) in the amounts of
Eslamian were added to the TDO as January 16, 2015 Renewal Order, OEE $815,000 and $600,000 respectively.
related persons. Mahan Air General has presented evidence detailing The majority of the purchase price for
Trading LLC, Skyco (UK) Ltd., and apparent efforts by Al Naser Airlines this aircraft was then paid via a January
Equipco (UK) Ltd. were added as related and one of its principals, Ali Abdullah 20, 2015 EFT made by Bahar Safwa
persons on April 9, 2012. Mehdi Alhay, acting together with Bahar Safwa General Trading in the amount of $2.5
Bahrami was added to the TDO as a General Trading, to obtain aircraft million.
related person as part of the February 4, subject to the Regulations for export or The sales agreement for the Airbus
2013 renewal order. reexport directly or indirectly to Mahan A340 (MSN 164) is dated December 17,
On May 13, 2015, OEE submitted a Airways or to facilitate or support such 2014, and lists a ‘‘Final Sale Date’’ of
written request seeking to modify the activities in violation of the TDO and December 23, 2014. Payment
January 16, 2015 Renewal Order. OEE is the Regulations. The January 16, 2015 information also reveals a November 28,
specifically requesting that Al Naser Renewal Order, like the July 22, 2014 2014 EFT from Bahar Safwa General
Airlines (a/k/a al-Naser Airlines a/k/a Renewal Order (and the prior renewal Trading in the amount of $650,000.
Alnaser Airlines and Air Freight Ltd.), order and original TDO), provides inter Aviation industry databases indicate
Ali Abdullah Alhay (a/k/a Ali Alhay alia, that no person may, directly or that in or about May 2015, Mahan
a/k/a Ali Abdullah Ahmed Alhay), and indirectly, export or reexport to or on Airways acquired at least possession
Bahar Safwa General Trading be added behalf of Mahan Airways any item and/or control of MSNs 550 and 164,
to the TDO. subject to the EAR, or take any action and that both aircraft are now physically
that facilitates the acquisition or located in Tehran, Iran.
II. Modification of the January 16, 2015 attempted acquisition by Mahan of the The proposed respondents also have
Renewal Order ownership, possession, or control of any been attempting to obtain other
A. Legal Standard item subject to the EAR that has been or controlled aircraft, including aircraft
will be exported from the United States, physically located in the United States
Pursuant to Section 766.24, BIS may including financing or other support
issue or renew an order temporarily in similarly-patterned transactions
activities related to a transaction during the same recent time period
denying a respondent’s export privileges whereby Mahan acquires or attempts to
upon a showing that the order is involving two Airbus A320s bearing
acquire such ownership, possession or MSNs 82 and 99, respectively.7
necessary in the public interest to control. In addition, the export or
prevent an ‘‘imminent violation’’ of the Transactional documents OEE has
reexport of the aircraft at issue and obtained from the seller again show Ali
Regulations. 15 CFR 766.24(b)(1) and discussed further below requires U.S.
776.24(d). ‘‘A violation may be Abdullah Alhay signing all documents
Government authorization, including for Al Naser Airlines. Ali Abdullah
‘imminent’ either in time or degree of pursuant to Sections 742.8 and 746.7 of
likelihood.’’ 15 CFR 766.24(b)(3). BIS Alhay signed an October 19, 2014 Letter
the Regulations. of Intent for MSNs 82 and 99, as well
may show ‘‘either that a violation is OEE’s investigation indicates that at
about to occur, or that the general as subsequent sales agreements each
least two aircraft, specifically an Airbus
circumstances of the matter under dated February 19, 2015.8 Both sales
A321 bearing manufacturer’s serial
investigation or case under criminal or agreements list a ‘‘Final Sale Date’’ of
number (‘‘MSN’’) 550 and an Airbus
administrative charges demonstrate a March 6, 2015. A review of the payment
A340 bearing MSN 164, were purchased
likelihood of future violations.’’ Id. As information for these aircraft reveal
by Al Naser Airlines in late 2014/early
to the likelihood of future violations, three EFTs that follow the pattern
2015 and are currently located in Iran
BIS may show that the violation under under the possession, control, and/or 7 Both aircraft were physically located in the
investigation or charge ‘‘is significant, ownership of Mahan Airways.6 United States and therefore are subject to the
OEE has presented evidence that Ali Regulations pursuant to Section 734.3(a)(1).
4 As of January 16, 2015, Gatewick LLC was no Moreover, these Airbus A320s are powered by U.S.-
Abdullah Alhay is a twenty-five percent
longer subject to the TDO. On August 13, 2014, BIS origin engines that are subject to the Regulations
and Gatewick LLC resolved administrative charges
owner of Al Naser Airlines, and has and classified under Export Control Classification
against Gatewick, including a charge for acting presented copies of sales agreements for Number (‘‘ECCN’’) 9A991.d. The Airbus A320s
contrary to the terms of a BIS denial order (15 CFR contain controlled U.S.-origin items valued at more
764.2(k)). In addition to the payment of a civil 6 Both of these aircraft are powered by U.S.-origin than 10 percent of the total value of the aircraft and
penalty, the settlement includes a seven-year denial as a result are subject to the EAR regardless of the
asabaliauskas on DSK5VPTVN1PROD with NOTICES

engines that are subject to the Regulations and
order. The first two years of the denial period are classified under Export Control Classification their location. The aircraft are classified under
active, with the remaining five years suspended on Number (‘‘ECCN’’) 9A991.d. Both aircraft contain ECCN 9A991.b. The export or re-export of these
condition that Gatewick LLC pays the civil penalty controlled U.S.-origin items valued at more than 10 aircraft to Iran requires U.S. Government
in full and timely fashion and commits no further percent of the total value of the aircraft and as a authorization pursuant to Sections 742.8 and 746.7
violation of the Regulations during the seven-year result are subject to the EAR regardless of their of the Regulations.
denial period. The Gatewick LLC Final Order was location. The aircraft are classified under ECCN 8 The October 19, 2014 Letter of Intent signed by
published in the Federal Register on August 20, 9A991.b. The export or re-export of these aircraft to Ali Abdullah Alhay also indicated that Al Naser
2014. See 79 FR 49283 (Aug. 20, 2014). Iran requires U.S. Government authorization Airlines intended to purchase a third Airbus A320
5 As of July 22, 2014, Zarand Aviation was no pursuant to Sections 742.8 and 746.7 of the (MSN 317). This aircraft is not part of the sales
longer subject to the TDO. Regulations. agreements that have been obtained.

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30438 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices

appeal with the Office of the FOR FURTHER INFORMATION CONTACT: Records Unit, Room 7046 of the main
Administrative Law Judge, U.S. Coast Hermes Pinilla or Minoo Hatten, AD/ Department of Commerce building. In
Guard ALJ Docketing Center, 40 South CVD Operations, Office I, Enforcement addition, a complete version of the
Gay Street, Baltimore, Maryland 21202– and Compliance, International Trade Preliminary Decision Memorandum can
4022. Administration, U.S. Department of be found at http://
In accordance with the provisions of Commerce, 14th Street and Constitution www.enforcment.trade.gov/frn/.
Section 766.24(d) of the EAR, BIS may Avenue NW., Washington, DC 20230;
seek renewal of this Order by filing a telephone: (202) 482–3477 or (202) 482– Preliminary Rescission of Review
written request not later than 20 days 1690, respectively. Based on information placed on the
before the expiration date. A renewal SUPPLEMENTARY INFORMATION: record by interested parties in the
request may be opposed by Al Nasser context of this new shipper review, we
Airlines, Ali Abdullah Alhay, or Bahar Scope of the Order determine that Jianglong does not meet
Safwa General Trading as provided in The merchandise covered by the order the minimum requirements in its
Section 766.24(d), by filing a written includes all small diameter graphite request for a new shipper review under
submission with the Assistant Secretary electrodes of any length, whether or not 19 CFR 351.214(b)(2)(iv)(A) and (C).
of Commerce for Export Enforcement, finished, of a kind used in furnaces, Therefore, we preliminarily determine
which must be received not later than with a nominal or actual diameter of that it is appropriate to rescind the new
seven days before the expiration date of 400 millimeters (16 inches) or less, and shipper review with respect to
the Order. whether or not attached to a graphite Jianglong.4
A copy of this Order shall be provided pin joining system or any other type of
to Al Naser Airlines, Ali Abdullah joining system or hardware. The subject Disclosure and Public Comment
Alhay, and Bahar Safwa General merchandise is currently classifiable We will disclose analysis performed
Trading and shall be published in the under the Harmonized Tariff Schedule to parties to the proceeding, normally
Federal Register. This Order is effective of the United States (HTSUS) not later than ten days after the day of
immediately and shall remain in effect subheadings 8545.11.0010 2 and the public announcement of, or, if there
until July 14, 2015, unless renewed in 3801.10. The HTSUS numbers are is no public announcement, within five
accordance with Section 766.24(d) of provided for convenience and customs days after the date of publication of, this
the Regulations. purposes, but the written description of notice.5
the scope is dispositive. A full Interested parties are invited to
Dated: May 21, 2015.
description of the scope of the order is comment on these preliminary results
David W. Mills,
contained in the Preliminary Decision and submit written arguments or case
Assistant Secretary of Commerce for Export briefs within 30 days after the
Enforcement. Memorandum.3
publication of this notice, unless
[FR Doc. 2015–12851 Filed 5–27–15; 8:45 am] Methodology otherwise notified by the Department.6
BILLING CODE P We are conducting this new shipper Rebuttal briefs, limited to issues raised
review in accordance with section in the case briefs, will be due five days
751(a)(2)(B) of the Tariff Act of 1930, as later.7 Parties who submit case or
DEPARTMENT OF COMMERCE
amended (the Act), and 19 CFR 351.214. rebuttal briefs are requested to submit
International Trade Administration For a full description of the with each argument: (1) A statement of
methodology underlying our the issue; and (2) a brief summary of the
[A–570–929] conclusions, see Preliminary Decision argument. Parties are requested to
Memorandum. A list of topics discussed provide a summary of the arguments not
Small Diameter Graphite Electrodes
in the Preliminary Decision to exceed five pages and a table of
From the People’s Republic of China:
Memorandum is included as Appendix statutes, regulations, and cases cited.
Preliminary Rescission of Antidumping Any interested party who wishes to
I to this notice. The Preliminary
Duty New Shipper Review; 2014 request a hearing, or to participate if one
Decision Memorandum is a public
AGENCY: Enforcement and Compliance, document and is on file electronically is requested, must submit a written
International Trade Administration, via Enforcement and Compliance’s request within 30 dates after the day of
Department of Commerce. Antidumping and Countervailing Duty publication of this notice. A request
SUMMARY: On September 30, 2014, the Centralized Electronic Service System should contain: (1) The party’s name,
Department of Commerce (the (ACCESS). ACCESS is available to address, and telephone number; (2) the
Department) initiated the antidumping registered users at http:// number of participants; and (3) a list of
duty new shipper review of small access.trade.gov, and in the Central issues to be discussed.8 Issues raised in
diameter graphite electrodes from the the hearing will be limited to those
People’s Republic of China (PRC) for the 2 The scope described in the order refers to the raised in case briefs.
HTSUS subheading 8545.11.0000. We note that, We will issue the final rescission of
period of review (POR) of February 1, starting in 2010, imports of small diameter graphite
2014, through August 31, 2014, for electrodes are classified in the HTSUS under
this new shipper review or final results
Xuzhou Jianglong Carbon Products Co., subheading 8545.11.0010 and imports of large of this new shipper review, including
Ltd. (Jianglong).1 We preliminarily diameter graphite electrodes are classified under the results of our analysis of issues
subheading 8545.11.0020. raised in any briefs, within 90 days after
determine that Jianglong does not
asabaliauskas on DSK5VPTVN1PROD with NOTICES

3 See Memorandum from Christian Marsh, Deputy
qualify as a new shipper and we are Assistant Secretary for Antidumping and 4 We have not conducted a detailed bona fides
preliminarily rescinding this new Countervailing Duty Operations, to Ronald K.
analysis for these preliminary results due to the
shipper review. Lorentzen, Acting Assistant Secretary for
preliminary decision that Jianglong is not eligible
Enforcement and Compliance, ‘‘Decision
DATES: Effective date: May 28, 2015. Memorandum for Preliminary Results of
for a new shipper review. See Preliminary Decision
Memorandum.
Antidumping Duty New Shipper Review: Small 5 See 19 CFR 351.224(b)
1 See Small Diameter Graphite Electrodes From Diameter Graphite Electrodes from the People’s
6 See 19 CFR 351.309(c)(ii).
the People’s Republic of China: Initiation of Republic of China’’ (Preliminary Decision
7 See 19 CFR 351.309(d).
Antidumping Duty New Shipper Review, 79 FR Memorandum), dated concurrently with these
58742 (September 30, 2014) (Initiation Notice). results and hereby adopted by this notice. 8 See 19 CFR 351.310(c).

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Document Created: 2018-02-21 10:33:29
Document Modified: 2018-02-21 10:33:29
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 30435
80 FR 30435 -

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 80, Issue 102 (May 28, 2015)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
