80_FR_36438 80 FR 36317 - In the Matter of: Armin Shir Mohammadi, 22505 Rio Aliso Drive, Lake Forest, CA 92630-5514; Order Denying Export Privileges

80 FR 36317 - In the Matter of: Armin Shir Mohammadi, 22505 Rio Aliso Drive, Lake Forest, CA 92630-5514; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau Of Industry And Security

Federal Register Volume 80, Issue 121 (June 24, 2015)

Page Range36317-36318
FR Document2015-15497

Federal Register, Volume 80 Issue 121 (Wednesday, June 24, 2015)
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Pages 36317-36318]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15497]


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DEPARTMENT OF COMMERCE

Bureau Of Industry And Security


In the Matter of: Armin Shir Mohammadi, 22505 Rio Aliso Drive, 
Lake Forest, CA 92630-5514; Order Denying Export Privileges

    On June 21, 2013, in the U.S. District Court for the Southern 
District of California, Armin Shir Mohammadi (``Mohammadi'') was 
convicted of violating the International Emergency Economic Powers Act 
(50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)) (``IEEPA''). 
Specifically, Mohammadi knowingly and willfully conspired to export and 
caused the exportation, sale, and supply of satellite communication 
equipment, navigation equipment, and related goods from the United 
States to persons in third countries with knowledge that such goods 
were intended for supply, transshipment, and reexportation, to Iran 
without having first obtained the required authorization from the 
Secretary of Treasury. Mohammadi was sentenced one year and one day of 
imprisonment.
    Section 766.25 of the Export Administration Regulations (``EAR'' or

[[Page 36318]]

``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director 
of the Office of Exporter Services, in consultation with the Director 
of the Office of Export Enforcement, may deny the export privileges of 
any person who has been convicted of a violation of the Export 
Administration Act (``EAA''), the EAR, or any order, license or 
authorization issued thereunder; any regulation, license, or order 
issued under the International Emergency Economic Powers Act (50 U.S.C. 
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal 
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms 
Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also 
Section 11(h) of the EAA, 50 U.S.C. app. Sec.  2410(h). The denial of 
export privileges under this provision may be for a period of up to 10 
years from the date of the conviction. 15 CFR 766.25(d); see also 50 
U.S.C. app. Sec.  2410(h). In addition, Section 750.8 of the 
Regulations states that the Bureau of Industry and Security's Office of 
Exporter Services may revoke any Bureau of Industry and Security 
(``BIS'') licenses previously issued in which the person had an 
interest in at the time of his conviction.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2015). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. app. 
Sec. Sec.  2401-2420 (2000)) (``EAA''). Since August 21, 2001, the 
EAA 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 46959 (August 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)).
---------------------------------------------------------------------------

    BIS has received notice of Mohammadi's conviction for violating the 
IEEPA, and in accordance with Section 766.25 of the Regulations, BIS 
has provided notice and an opportunity for Mohammadi to make a written 
submission to BIS. BIS has not received a submission from Mohammadi.
    Based upon my review and consultations with BIS's Office of Export 
Enforcement, including its Director, and the facts available to BIS, I 
have decided to deny Mohammadi's export privileges under the 
Regulations for a period of 10 years from the date of Mohammadi's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Mohammadi had an interest at the 
time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until June 21, 2023, Armin Shir 
Mohammadi, with a last known address of 22505 Rio Aliso Drive, Lake 
Forest, CA 92630-5514, 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 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 in any other activity subject to the Regulations.
    Second, no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport to or on behalf of the Denied Person any item 
subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Denied Person of the ownership, possession, or 
control of any item subject to the Regulations that has been or will be 
exported from the United States, including financing or other support 
activities related to a transaction whereby the Denied Person acquires 
or attempts to acquire such ownership, possession or control;
    C. Take any action to acquire from or to facilitate the acquisition 
or attempted acquisition from the Denied Person of any item subject to 
the Regulations that has been exported from the United States;
    D. Obtain from the Denied Person in the United States any item 
subject to the Regulations with knowledge or reason to know that the 
item will be, or is intended to be, exported from the United States; or
    E. Engage in any transaction to service any item subject to the 
Regulations that has been or will be exported from the United States 
and which is owned, possessed or controlled by the Denied Person, or 
service any item, of whatever origin, that is owned, possessed or 
controlled by the Denied Person if such service involves the use of any 
item subject to the Regulations that has been or will be exported from 
the United States. For purposes of this paragraph, servicing means 
installation, maintenance, repair, modification or testing.
    Third, after notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to Mohammadi 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, Mohammadi 
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 the Mohammadi. 
This Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until June 21, 2023.

    Issued this 18th day of June, 2015.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2015-15497 Filed 6-23-15; 8:45 am]
 BILLING CODE P



                                                                           Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices                                                  36317

                                              that is designed to address and respond                 changes based on continued review of                   make recommendations in the future for
                                              to emerging issues and survey needs.                    the ACS content in an effort to address                this annual data collection. The ACS
                                              Over the next three years, the Methods                  respondent concerns and potentially                    Methods Panel testing, such as the 2015
                                              Panel may include testing methods for                   reduce respondent burden. Among other                  Mail Messaging Tests, 2016 Content
                                              increasing survey efficiencies, reducing                activities, the Census Bureau is                       Test, 2016 Mail Messaging Test, 2017
                                              survey cost, lessening respondent                       reviewing questions to determine if we                 Self-Response Test, and 2018 Self-
                                              burden, and improving response rates.                   can revise the wording in a way to make                Response Test, provide a mechanism to
                                              Testing may also include methods to                     them less burdensome for survey                        investigate ways to reduce or at least
                                              improve data quality.                                   respondents, especially for questions                  maintain data collection costs and
                                                 At this time, plans are in place to                  determined during the 2014 ACS                         improve the quality of the data.
                                              propose several tests: A summer 2015                    Content Review to be especially                          Affected Public: Individuals or
                                              mail messaging test, a fall 2015 mail                   sensitive, difficult, or time-consuming.               Households.
                                              messaging test, a 2016 ACS Content                      Proposed changes to content would be                     Frequency: Multiple one-time tests
                                              Test, a 2016 mail messaging test, a 2017                cognitively tested and then included in                over a 3-year period.
                                              self-response test with the potential to                a field test to assess the impact on both
                                              test both mail messaging as well as                                                                              Respondent’s Obligation: Mandatory.
                                                                                                      respondent burden and data quality.
                                              questionnaire content, a 2018 self-                        Third, in response to Federal                         Legal Authority: Title 13, United
                                              response test building on the previous                  agencies’ requests for new and revised                 States Code, sections 141 and 193.
                                              tests, as well as tests of Internet data                ACS questions, the Census Bureau plans                   This information collection request
                                              collection enhancements in 2017 and                     to conduct the 2016 ACS Content Test.                  may be viewed at www.reginfo.gov.
                                              2018. Since the ACS Methods Panel is                    Changes to the current ACS content and                 Follow the instructions to view
                                              designed to address emerging issues, we                 the addition of new content were                       Department of Commerce collections
                                              may conduct additional testing as                       identified through the OMB Interagency                 currently under review by OMB.
                                              needed. Any additional testing would                    Committee for the ACS, and must be                       Written comments and
                                              focus on methods for reducing data                      approved for testing by the OMB. The                   recommendations for the proposed
                                              collection costs, improving data quality,               objective of the 2016 ACS Content Test                 information collection should be sent
                                              revising content, or testing new                        is to determine the impact of changing                 within 30 days of publication of this
                                              questions that have an urgent need to be                question wording, response categories,                 notice to OIRA_Submission@
                                              included on the ACS. Please note that                   and redefinition of underlying                         omb.eop.gov or fax to (202) 395–5806.
                                              this proposal includes summer and fall                  constructs on the quality of the data
                                              2015 mail messaging tests, which were                                                                          Sheleen Dumas,
                                                                                                      collected. Revisions to twelve
                                              not included in the pre-submission                      questions/topics are proposed for                      Departmental PRA Lead, Office of the Chief
                                              notice.                                                                                                        Information Officer.
                                                                                                      inclusion in the 2016 ACS Content Test:
                                                 First, in response to respondent                                                                            [FR Doc. 2015–15532 Filed 6–23–15; 8:45 am]
                                              concerns about prominent references to                  * Telephone Service
                                                                                                                                                             BILLING CODE 3510–07–P
                                              the mandatory participation in the ACS,                 * Computer and Internet
                                              the Census Bureau plans to test methods                 * Relationship
                                              to soften the mandatory messages while                  * Race and Hispanic Origin                             DEPARTMENT OF COMMERCE
                                              emphasizing the benefits of                             * Health Insurance
                                              participation in the survey. In May of                  * Health Insurance Premium and                         Bureau Of Industry And Security
                                              2015, the Census Bureau is conducting                      Subsidies (new questions)
                                              a test to study the impact of removing                  * Journey to Work: Commuting Mode                      In the Matter of: Armin Shir
                                              the phrase, ‘‘YOUR RESPONSE IS                          * Journey to Work: Time Left for Work                  Mohammadi, 22505 Rio Aliso Drive,
                                              REQUIRED BY LAW’’ from the                              * Number of Weeks Worked                               Lake Forest, CA 92630–5514; Order
                                              envelopes used in the second and fourth                 * Class of Worker                                      Denying Export Privileges
                                              mailing to respondents. The summer                      * Industry and Occupation
                                                                                                      * Retirement Income                                       On June 21, 2013, in the U.S. District
                                              2015 test will advance the study of
                                                                                                         The Census Bureau proposes to                       Court for the Southern District of
                                              mandatory messaging by modifying the
                                                                                                      evaluate changes to the questions by                   California, Armin Shir Mohammadi
                                              messages included in several of the
                                                                                                      comparing the revised questions to the                 (‘‘Mohammadi’’) was convicted of
                                              mailings, including postcards and
                                                                                                      current ACS questions, or for new                      violating the International Emergency
                                              letters.
                                                 Second, in response to declining                     questions, to compare the performance                  Economic Powers Act (50 U.S.C. 1701,
                                              response rates and increasing costs, the                of question versions to each other as                  et seq. (2006 & Supp. IV 2010))
                                              Census Bureau plans to analyze                          well as to other well-known sources of                 (‘‘IEEPA’’). Specifically, Mohammadi
                                              methods to increase self-response, the                  such information.                                      knowingly and willfully conspired to
                                              least expensive mode of data collection,                   Fourth, the ACS began collecting data               export and caused the exportation, sale,
                                              especially Internet response. The tests                 using the Internet in January 2013. To                 and supply of satellite communication
                                              would include changes to messages                       date, the Web site used to collect the                 equipment, navigation equipment, and
                                              included in mail materials to motivate                  data is designed for a desktop computer                related goods from the United States to
                                              the public to respond to the ACS,                       screen. The Internet tests being                       persons in third countries with
                                              increase awareness of the ACS, as well                  proposed in 2017 and 2018 would                        knowledge that such goods were
                                              as changes to design elements of the                    evaluate Internet data collection via                  intended for supply, transshipment, and
                                                                                                                                                             reexportation, to Iran without having
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                                              materials, including color and graphics.                mobile devices, examine ways to reduce
                                              Tests would be conducted in 2015,                       Internet break-offs, email testing, as well            first obtained the required authorization
                                              2016, 2017, and 2018 building on                        as other improvements to Internet data                 from the Secretary of Treasury.
                                              previous tests’ findings.                               collection.                                            Mohammadi was sentenced one year
                                                 Additionally, as part of the mail                       Finally, we will continue to examine                and one day of imprisonment.
                                              messaging tests in 2017 and 2018, the                   the operational issues, research the data                 Section 766.25 of the Export
                                              Census Bureau may include content                       quality, collect cost information and                  Administration Regulations (‘‘EAR’’ or


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                                              36318                        Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices

                                              ‘‘Regulations’’) 1 provides, in pertinent               5514, and when acting for or on his                    subject to the Regulations that has been
                                              part, that ‘‘[t]he Director of the Office of            behalf, his successors, assigns,                       or will be exported from the United
                                              Exporter Services, in consultation with                 employees, agents or representatives                   States. For purposes of this paragraph,
                                              the Director of the Office of Export                    (the ‘‘Denied Person’’), may not, directly             servicing means installation,
                                              Enforcement, may deny the export                        or indirectly, participate in any way in               maintenance, repair, modification or
                                              privileges of any person who has been                   any transaction involving any                          testing.
                                              convicted of a violation of the Export                  commodity, software or technology                         Third, after notice and opportunity for
                                              Administration Act (‘‘EAA’’), the EAR,                  (hereinafter collectively referred to as               comment as provided in Section 766.23
                                              or any order, license or authorization                  ‘‘item’’) exported or to be exported from              of the Regulations, any other person,
                                              issued thereunder; any regulation,                      the United States that is subject to the               firm, corporation, or business
                                              license, or order issued under the                      Regulations, including, but not limited                organization related to Mohammadi by
                                              International Emergency Economic                        to:                                                    ownership, control, position of
                                              Powers Act (50 U.S.C. 1701–1706); 18                       A. Applying for, obtaining, or using                responsibility, affiliation, or other
                                              U.S.C. 793, 794 or 798; section 4(b) of                 any license, License Exception, or                     connection in the conduct of trade or
                                              the Internal Security Act of 1950 (50                   export control document;                               business may also be made subject to
                                              U.S.C. 783(b)), or section 38 of the Arms                  B. Carrying on negotiations                         the provisions of this Order in order to
                                              Export Control Act (22 U.S.C. 2778).’’ 15               concerning, or ordering, buying,                       prevent evasion of this Order.
                                              CFR 766.25(a); see also Section 11(h) of                receiving, using, selling, delivering,                    Fourth, in accordance with Part 756 of
                                              the EAA, 50 U.S.C. app. § 2410(h). The                  storing, disposing of, forwarding,                     the Regulations, Mohammadi may file
                                              denial of export privileges under this                  transporting, financing, or otherwise                  an appeal of this Order with the Under
                                              provision may be for a period of up to                  servicing in any way, any transaction                  Secretary of Commerce for Industry and
                                              10 years from the date of the conviction.               involving any item exported or to be                   Security. The appeal must be filed
                                              15 CFR 766.25(d); see also 50 U.S.C.                    exported from the United States that is                within 45 days from the date of this
                                              app. § 2410(h). In addition, Section                    subject to the Regulations, or in any                  Order and must comply with the
                                              750.8 of the Regulations states that the                other activity subject to the Regulations;             provisions of Part 756 of the
                                              Bureau of Industry and Security’s Office                or                                                     Regulations.
                                              of Exporter Services may revoke any                        C. Benefitting in any way from any                     Fifth, a copy of this Order shall be
                                              Bureau of Industry and Security (‘‘BIS’’)               transaction involving any item exported                delivered to the Mohammadi. This
                                              licenses previously issued in which the                 or to be exported from the United States               Order shall be published in the Federal
                                              person had an interest in at the time of                that is subject to the Regulations, or in              Register.
                                              his conviction.                                         any other activity subject to the                         Sixth, this Order is effective
                                                 BIS has received notice of                           Regulations.                                           immediately and shall remain in effect
                                              Mohammadi’s conviction for violating                       Second, no person may, directly or                  until June 21, 2023.
                                              the IEEPA, and in accordance with                       indirectly, do any of the following:
                                                                                                         A. Export or reexport to or on behalf                 Issued this 18th day of June, 2015.
                                              Section 766.25 of the Regulations, BIS                                                                         Karen H. Nies-Vogel,
                                              has provided notice and an opportunity                  of the Denied Person any item subject to
                                              for Mohammadi to make a written                         the Regulations;                                       Director, Office of Exporter Services.
                                                                                                         B. Take any action that facilitates the             [FR Doc. 2015–15497 Filed 6–23–15; 8:45 am]
                                              submission to BIS. BIS has not received
                                                                                                      acquisition or attempted acquisition by                BILLING CODE P
                                              a submission from Mohammadi.
                                                                                                      the Denied Person of the ownership,
                                                 Based upon my review and
                                                                                                      possession, or control of any item
                                              consultations with BIS’s Office of
                                                                                                      subject to the Regulations that has been               DEPARTMENT OF COMMERCE
                                              Export Enforcement, including its
                                                                                                      or will be exported from the United
                                              Director, and the facts available to BIS,                                                                      International Trade Administration
                                                                                                      States, including financing or other
                                              I have decided to deny Mohammadi’s
                                                                                                      support activities related to a                        [A–122–853, A–570–937, C–570–938]
                                              export privileges under the Regulations
                                                                                                      transaction whereby the Denied Person
                                              for a period of 10 years from the date of
                                                                                                      acquires or attempts to acquire such                   Citric Acid and Certain Citrate Salts
                                              Mohammadi’s conviction. I have also
                                                                                                      ownership, possession or control;                      From Canada and the People’s
                                              decided to revoke all licenses issued                      C. Take any action to acquire from or
                                              pursuant to the Act or Regulations in                                                                          Republic of China: Continuation of the
                                                                                                      to facilitate the acquisition or attempted             Antidumping Duty Orders on Canada
                                              which Mohammadi had an interest at                      acquisition from the Denied Person of
                                              the time of his conviction.                                                                                    and the People’s Republic of China,
                                                                                                      any item subject to the Regulations that               and Continuation of the Countervailing
                                                 Accordingly, it is hereby ordered:
                                                                                                      has been exported from the United                      Duty Order on the People’s Republic of
                                                 First, from the date of this Order until
                                                                                                      States;                                                China
                                              June 21, 2023, Armin Shir Mohammadi,                       D. Obtain from the Denied Person in
                                              with a last known address of 22505 Rio                  the United States any item subject to the              AGENCY:   Enforcement and Compliance,
                                              Aliso Drive, Lake Forest, CA 92630–                     Regulations with knowledge or reason                   International Trade Administration,
                                                1 The Regulations are currently codified in the
                                                                                                      to know that the item will be, or is                   Department of Commerce.
                                                                                                      intended to be, exported from the                      SUMMARY: The Department of Commerce
                                              Code of Federal Regulations at 15 CFR parts 730–
                                              774 (2015). The Regulations issued pursuant to the      United States; or                                      (the Department) determined that
                                              Export Administration Act (50 U.S.C. app. §§ 2401–         E. Engage in any transaction to service             revocation of the antidumping duty
                                              2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the      any item subject to the Regulations that               (AD) orders on citric acid and certain
                                              EAA has been in lapse and the President, through
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                                              Executive Order 13222 of August 17, 2001 (3 CFR,
                                                                                                      has been or will be exported from the                  citrate salts (citric acid) from Canada
                                              2001 Comp. 783 (2002)), which has been extended         United States and which is owned,                      and the People’s Republic of China
                                              by successive Presidential Notices, the most recent     possessed or controlled by the Denied                  (PRC) would likely lead to a
                                              being that of August 7, 2014 (79 FR 46959 (August       Person, or service any item, of whatever               continuation or recurrence of dumping,
                                              11, 2014)), has continued the Regulations in effect
                                              under the International Emergency Economic
                                                                                                      origin, that is owned, possessed or                    and that revocation of the
                                              Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.       controlled by the Denied Person if such                countervailing duty (CVD) order on
                                              IV 2010)).                                              service involves the use of any item                   citric acid from the PRC would likely to


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Document Created: 2015-12-15 14:08:51
Document Modified: 2015-12-15 14:08:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 36317 

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