81_FR_2171 81 FR 2161 - Order Renewing Order Temporarily Denying Export Privileges

81 FR 2161 - Order Renewing Order Temporarily Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 81, Issue 10 (January 15, 2016)

Page Range2161-2166
FR Document2016-00760

Federal Register, Volume 81 Issue 10 (Friday, January 15, 2016)
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Notices]
[Pages 2161-2166]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00760]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Renewing Order Temporarily Denying Export Privileges

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, 33 Cavendish Square, 4th Floor, 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., 33 Cavendish Square, 4th Floor, 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, 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;
Sky Blue Bird Group, a/k/a Sky Blue Bird Aviation, a/k/a Sky Blue 
Bird Ltd, a/k/a Sky Blue Bird FZC, P.O. Box 16111, Ras Al Khaimah 
Trade Zone, United Arab Emirates;
Issam Shammout, a/k/a Muhammad Isam Muhammad, Anwar Nur Shammout, a/
k/a Issam Anwar, Philips Building, 4th Floor, Al Fardous Street, 
Damascus, Syria and Al Kolaa, Beirut, Lebanon 151515 and 17-18 
Margaret Street, 4th Floor, London, W1W 8RP, United Kingdom and 
Cumhuriyet Mah. Kavakli San St. Fulya, Cad. Hazar Sok. No.14/A 
Silivri, Istanbul, Turkey.

    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 renew the July 13, 2015 Temporary Denial Order 
(the ``TDO''). The July 13, 2015 Order denied 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., Mehdi Bahrami, Al Naser 
Airlines, Ali Abdullah Alhay, Bahar Safwa General Trading, Sky Blue 
Bird Group, and Issam Shammout.\2\ I find that renewal of the TDO is 
necessary in the public interest to prevent an imminent violation of 
the EAR.
---------------------------------------------------------------------------

    \1\ The Regulations, currently codified at 15 CFR parts 730-774 
(2015), originally issued pursuant to the Export Administration Act 
of 1979. 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, 2015 
(80 FR 48,223 (Aug. 11, 2015)), 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\ See note 3, infra.
---------------------------------------------------------------------------

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.

[[Page 2162]]

    The TDO subsequently has been renewed in accordance with Section 
766.24(d), including most recently on July 13, 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 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.
---------------------------------------------------------------------------

    \3\ The July 13, 2015 Order was published in the Federal 
Register on July 28, 2015 (80 Fed Reg. 44,930, Jul. 28, 2015). The 
TDO previously had been renewed on September 17, 2008, March 16, 
2009, September 11, 2009, March 9, 2010, September 3, 2010, February 
25, 2011, August 24, 2011, February 15, 2012, August 9, 2012, 
February 4, 2013, July 31, 2013, January 24, 2014, July 22, 2014, 
and January 16, 2015. The August 24, 2011 renewal followed the 
modification of the TDO on July 1, 2011, which added Zarand Aviation 
as a respondent. The July 13, 2015 renewal followed the modification 
of the TDO on May 21, 2015, which added Al Naser Airlines, Ali 
Abdullah Alhay, and Bahar Safwa General Trading as respondents. Each 
renewal or modification order was published in the Federal Register.
    \4\ 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.
---------------------------------------------------------------------------

    On May 21, 2015, the TDO was modified to add Al Naser Airlines, Ali 
Abdullah Alhay, and Bahar Safwa General Trading as respondents. Sky 
Blue Bird Group and its chief executive officer Issam Shammout were 
added to the TDO as related persons as part of the July 13, 2015 
renewal order.\6\
---------------------------------------------------------------------------

    \6\ The U.S. Department of the Treasury's Office of Foreign 
Assets Control (``OFAC'') designated Sky Blue Bird and Issam 
Shammout as Specially Designated Global Terrorists (``SDGTs'') on 
May 21, 2015, pursuant to Executive Order 13324, for ``providing 
support to Iran's Mahan Air.'' See 80 FR 30762 (May 29, 2015).
---------------------------------------------------------------------------

    On December 18, 2015, BIS, through its Office of Export Enforcement 
(``OEE''), submitted a written request for renewal of the TDO. The 
written request was made more than 20 days before the scheduled 
expiration of the current TDO, which issued on July 13, 2015.\7\ Notice 
of the renewal request also was provided to Mahan Airways, Al Naser 
Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading in 
accordance with Sections 766.5 and 766.24(d) of the Regulations. No 
opposition to the renewal of the TDO has been received. Furthermore, no 
appeal of the related person determinations I made as part of the 
September 3, 2010, February 25, 2011, August 24, 2011, April 9, 2012, 
February 4, 2013, and July 13, 2015 renewal or modification orders has 
been made by Kosarian Fard, Mahmoud Amini, Kerman Aviation, Sirjanco 
Trading LLC, Ali Eslamian, Mahan Air General Trading LLC, Skyco (UK) 
Ltd., Equipco (UK) Ltd., Mehdi Bahrami, Sky Blue Bird Group, or Issam 
Shammout.\8\
---------------------------------------------------------------------------

    \7\ The May 21, 2015 modification order did not affect the 
expiration date of the January 16, 2015 Order.
    \8\ A party named or added as a related person may not oppose 
the issuance or renewal of the underlying temporary denial order, 
but may file an appeal of the related person determination in 
accordance with Section 766.23(c).
---------------------------------------------------------------------------

II. Renewal of the TDO

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. The TDO and BIS's Request for Renewal

    OEE's request for renewal is based upon the facts underlying the 
issuance of the initial TDO and the TDO renewals in this matter and the 
evidence developed over the course of this investigation indicating a 
blatant disregard of U.S. export controls and the TDO. The initial TDO 
was issued as a result of evidence that showed that Mahan Airways and 
other parties engaged in conduct prohibited by the EAR by knowingly re-
exporting to Iran three U.S.-origin aircraft, specifically Boeing 747s 
(``Aircraft 1-3''), items subject to the EAR and classified under 
Export Control Classification Number (``ECCN'') 9A991.b, without the 
required U.S. Government authorization. Further evidence submitted by 
BIS indicated that Mahan Airways was involved in the attempted re-
export of three additional U.S.-origin Boeing 747s (``Aircraft 4-6'') 
to Iran.
    As discussed in the September 17, 2008 renewal order, evidence 
presented by BIS indicated that Aircraft 1-3 continued to be flown on 
Mahan Airways' routes after issuance of the TDO, in violation of the 
Regulations and the TDO itself.\9\ It also showed that Aircraft 1-3 had 
been flown in further violation of the Regulations and the TDO on the 
routes of Iran Air, an Iranian Government airline. Moreover, as 
discussed in the March 16, 2009, September 11, 2009 and March 9, 2010 
Renewal Orders, Mahan Airways registered Aircraft 1-3 in Iran, obtained 
Iranian tail numbers for them (EP-MNA, EP-MNB, and EP-MNE, 
respectively), and continued to operate at least two of them in 
violation of the Regulations and the TDO,\10\ while also committing an 
additional knowing and willful violation when it negotiated for and 
acquired an additional U.S.-origin aircraft. The additional acquired 
aircraft was an MD-82 aircraft, which subsequently was painted in Mahan 
Airways' livery and flown on multiple Mahan Airways' routes under tail 
number TC-TUA.
---------------------------------------------------------------------------

    \9\ Engaging in conduct prohibited by a denial order violates 
the Regulations. 15 CFR 764.2(a) and (k).
    \10\ The third Boeing 747 appeared to have undergone significant 
service maintenance and may not have been operational at the time of 
the March 9, 2010 renewal order.
---------------------------------------------------------------------------

    The March 9, 2010 Renewal Order also noted that a court in the 
United Kingdom (``U.K.'') had found Mahan Airways in contempt of court 
on February 1, 2010, for failing to comply with that court's December 
21, 2009 and January 12, 2010 orders compelling Mahan Airways to remove 
the Boeing 747s from Iran and ground them in the Netherlands. Mahan 
Airways and the Balli Group Respondents had been litigating before the 
U.K. court

[[Page 2163]]

concerning ownership and control of Aircraft 1-3. In a letter to the 
U.K. court dated January 12, 2010, Mahan Airways' Chairman indicated, 
inter alia, that Mahan Airways opposes U.S. Government actions against 
Iran, that it continued to operate the aircraft on its routes in and 
out of Tehran (and had 158,000 ``forward bookings'' for these 
aircraft), and that it wished to continue to do so and would pay 
damages if required by that court, rather than ground the aircraft.
    The September 3, 2010 renewal order discussed the fact that Mahan 
Airways' violations of the TDO extended beyond operating U.S.-origin 
aircraft and attempting to acquire additional U.S.-origin aircraft. In 
February 2009, while subject to the TDO, Mahan Airways participated in 
the export of computer motherboards, items subject to the Regulations 
and designated as EAR99, from the United States to Iran, via the United 
Arab Emirates (``UAE''), in violation of both the TDO and the 
Regulations, by transporting and/or forwarding the computer 
motherboards from the UAE to Iran. Mahan Airways' violations were 
facilitated by Gatewick LLC, which not only participated in the 
transaction, but also has stated to BIS that it acted as Mahan Airways' 
sole booking agent for cargo and freight forwarding services in the 
UAE.
    Moreover, in a January 24, 2011 filing in the U.K. court, Mahan 
Airways asserted that Aircraft 1-3 were not being used, but stated in 
pertinent part that the aircraft were being maintained in Iran 
especially ``in an airworthy condition'' and that, depending on the 
outcome of its U.K. court appeal, the aircraft ``could immediately go 
back into service . . . on international routes into and out of Iran.'' 
Mahan Airways' January 24, 2011 submission to U.K. Court of Appeal, at 
p. 25, ]] 108, 110. This clearly stated intent, both on its own and in 
conjunction with Mahan Airways' prior misconduct and statements, 
demonstrated the need to renew the TDO in order to prevent imminent 
future violations. Two of these three 747s subsequently were removed 
from Iran and are no longer in Mahan Airway's possession. The third of 
these 747s, with Manufacturer's Serial Number (``MSN'') 23480 and 
Iranian tail number EP-MNE, remained in Iran under Mahan's control. 
Pursuant to Executive Order 13324, it was designated a Specially 
Designated Global Terrorist (``SDGT'') by the U.S. Department of the 
Treasury's Office of Foreign Assets Control (``OFAC'') on September 19, 
2012.\11\ Furthermore, as discussed in the February 4, 2013 Order, open 
source information indicated that this 747, painted in the livery and 
logo of Mahan Airways, had been flown between Iran and Syria, and was 
suspected of ferrying weapons and/or other equipment to the Syrian 
Government from Iran's Islamic Revolutionary Guard Corps. Open source 
information showed that this aircraft had flown from Iran to Syria as 
recently as June 30, 2013, and continues to show that it remains in 
active operation in Mahan Airways' fleet.
---------------------------------------------------------------------------

    \11\ See http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/pages/20120919.aspx.
---------------------------------------------------------------------------

    In addition, as first detailed in the July 1, 2011 and August 24, 
2011 orders, and discussed in subsequent renewal orders in this matter, 
Mahan Airways also continued to evade U.S. export control laws by 
operating two Airbus A310 aircraft, bearing Mahan Airways' livery and 
logo, on flights into and out of Iran.\12\ At the time of the July 1, 
2011 and August 24, 2011 Orders, these Airbus A310s were registered in 
France, with tail numbers F-OJHH and F-OJHI, respectively.\13\
---------------------------------------------------------------------------

    \12\ The Airbus A310s are powered with U.S.-origin engines. The 
engines are subject to the EAR and classified under Export Control 
Classification (``ECCN'') 9A991.d. The Airbus A310s 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. 
They are classified under ECCN 9A991.b. The export or reexport of 
these aircraft to Iran requires U.S. Government authorization 
pursuant to Sections 742.8 and 746.7 of the Regulations.
    \13\ OEE subsequently presented evidence that after the August 
24, 2011 renewal, Mahan Airways worked along with Kerman Aviation 
and others to de-register the two Airbus A310 aircraft in France and 
to register both aircraft in Iran (with, respectively, Iranian tail 
numbers EP-MHH and EP-MHI). It was determined subsequent to the 
February 15, 2012 renewal order that the registration switch for 
these A310s was cancelled and that Mahan Airways then continued to 
fly the aircraft under the original French tail numbers (F-OJHH and 
F-OJHI, respectively). Both aircraft apparently remain in Mahan 
Airways' possession.
---------------------------------------------------------------------------

    The August 2012 renewal order also found that Mahan Airways had 
acquired another Airbus A310 aircraft subject to the Regulations, with 
MSN 499 and Iranian tail number EP-VIP, in violation of the TDO and the 
Regulations.\14\ On September 19, 2012, all three Airbus A310 aircraft 
(tail numbers F-OJHH, F-OJHI, and EP-VIP) were designated as SDGTs.\15\
---------------------------------------------------------------------------

    \14\ See note 12, supra.
    \15\ See http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/pages/20120919.aspx. Mahan Airways was previously 
designated by OFAC as a SDGT on October 18, 2011. 77 FR 64,427 
(October 18, 2011).
---------------------------------------------------------------------------

    The February 4, 2013 Order laid out further evidence of continued 
and additional efforts by Mahan Airways and other persons acting in 
concert with Mahan, including Kral Aviation and another Turkish 
company, to procure U.S.-origin engines--two GE CF6-50C2 engines, with 
MSNs 517621 and 517738, respectively--and other aircraft parts in 
violation of the TDO and the Regulations.\16\ The February 4, 2013 
renewal order also added Mehdi Bahrami as a related person in 
accordance with Section 766.23 of the Regulations. Bahrami, a Mahan 
Vice-President and the head of Mahan's Istanbul Office, also was 
involved in Mahan's acquisition of the original three Boeing 747s 
(Aircraft 1-3) that resulted in the original TDO, and has had a 
business relationship with Mahan dating back to 1997.
---------------------------------------------------------------------------

    \16\ Kral Aviation was referenced in the February 4, 2013 Order 
as ``Turkish Company No. 1.'' Kral Aviation purchased a GE CF6-50C2 
aircraft engine (MSN 517621) from the United States in July 2012, on 
behalf of Mahan Airways. OEE was able to prevent this engine from 
reaching Mahan by issuing a redelivery order to the freight 
forwarder in accordance with Section 758.8 of the Regulations. OEE 
also issued Kral Aviation a redelivery order for the second CF6-50C2 
engine (MSN 517738) on July 30, 2012. The owner of the second engine 
subsequently cancelled the item's sale to Kral Aviation. In 
September 2012, OEE was alerted by a U.S. exporter that another 
Turkish company (``Turkish Company No. 2'') was attempting to 
purchase aircraft spare parts intended for re-export by Turkish 
Company No. 2 to Mahan Airways. See February 4, 2013 Order.
    On December 31, 2013, Kral Aviation was added to BIS's Entity 
List, Supplement No. 4 to Part 744 of the Regulations. See 78 FR 
75458 (Dec. 12, 2013). Companies and individuals are added to the 
Entity List for engaging in activities contrary to the national 
security or foreign policy interests of the United States. See 15 
CFR 744.11.
---------------------------------------------------------------------------

    The July 31, 2013 Order detailed additional evidence obtained by 
OEE showing efforts by Mahan Airways to obtain another GE CF6-50C2 
aircraft engine (MSN 528350) from the United States via Turkey. 
Multiple Mahan employees, including Mehdi Bahrami, were involved in or 
aware of matters related to the engine's arrival in Turkey from the 
United States, plans to visually inspect the engine, and prepare it for 
shipment from Turkey.
    Mahan sought to obtain this U.S.-origin engine through Pioneer 
Logistics Havacilik Turizm Yonetim Danismanlik (``Pioneer Logistics''), 
an aircraft parts supplier located in Turkey, and its director/
operator, Gulnihal Yegane, a Turkish national who previously had 
conducted Mahan related business with Mehdi Bahrami and Ali Eslamian. 
Moreover, as referenced in the July 31, 2013 Order, a sworn affidavit 
by Kosol Surinanda, also known as Kosol Surinandha, Managing Director 
of Mahan's General Sales Agent in Thailand, stated that the shares of 
Pioneer Logistics for which he was the

[[Page 2164]]

listed owner were ``actually the property of and owned by Mahan.'' He 
further stated that he held ``legal title to the shares until otherwise 
required by Mahan'' but would ``exercise the rights granted to [him] 
exactly and only as instructed by Mahan and [his] vote and/or decisions 
[would] only and exclusively reflect the wills and demands of 
Mahan[.]'' \17\
---------------------------------------------------------------------------

    \17\ Pioneer Logistics, Gulnihal Yegane, and Kosol Surinanda 
also were added to the Entity List on December 12, 2013. See 78 FR 
75458 (Dec. 12, 2013).
---------------------------------------------------------------------------

    The January 24, 2014 Order outlined OEE's continued investigation 
of Mahan Airways' activities and detailed an attempt by Mahan, which 
OEE thwarted, to obtain, via an Indonesian aircraft parts supplier, two 
U.S.-origin Honeywell ALF-502R-5 aircraft engines (MSNs LF5660 and 
LF5325), items subject to the Regulations, from a U.S. company located 
in Texas. An invoice of the Indonesian aircraft parts supplier dated 
March 27, 2013, listed Mahan Airways as the purchaser of the engines 
and included a Mahan ship-to address. OEE also obtained a Mahan air 
waybill dated March 12, 2013, listing numerous U.S.-origin aircraft 
parts subject to the Regulations--including, among other items, a 
vertical navigation gyroscope, a transmitter, and a power control 
unit--being transported by Mahan from Turkey to Iran in violation of 
the TDO.
    The July 22, 2014 Order discussed open source evidence from the 
March-June 2014 time period regarding two BAE regional jets, items 
subject to the Regulations, that were painted in the livery and logo of 
Mahan Airways and operating under Iranian tail numbers EP-MOK and EP-
MOI, respectively.\18\ In addition, aviation industry resources 
indicated that these aircraft were obtained by Mahan Airways in late 
November 2013 and June 2014, from Ukrainian Mediterranean Airline, a 
Ukrainian airline that was added to BIS's Entity List (Supplement No. 4 
to Part 744 of the Regulations) on August 15, 2011, for acting contrary 
to the national security and foreign policy interests of the United 
States.\19\ OEE's on-going investigation indicates that both BAE 
regional jets remain active in Mahan's fleet, with open source 
information showing EP-MOI being used on flights into and out of Iran 
as recently as January 12, 2015. The continued operation of these 
aircraft by Mahan Airways violates the TDO.
---------------------------------------------------------------------------

    \18\ The BAE regional jets are powered with U.S.-origin engines. 
The engines are subject to the EAR and classified under ECCN 
9A991.d. These 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. They are classified under ECCN 
9A991.b. The export or reexport of these aircraft to Iran requires 
U.S. Government authorization pursuant to Sections 742.8 and 746.7 
of the Regulations.
    \19\ See 76 FR 50407 (Aug. 15, 2011). The July 22, 2014 TDO 
renewal order also referenced two Airbus A320 aircraft painted in 
the livery and logo of Mahan Airways and operating under Iranian 
tail numbers EP-MMK and EP-MML, respectively. OEE's investigation 
also showed that Mahan obtained these aircraft in November 2013, 
from Khors Air Company, another Ukrainian airline that, like 
Ukrainian Mediterranean Airlines, was added to BIS's Entity List on 
August 15, 2011. Open source evidence indicates the two Airbus A320 
aircraft may be been transferred by Mahan Airways to another Iranian 
airline in October 2014, and issued Iranian tail numbers EP-APE and 
EP-APF, respectively.
---------------------------------------------------------------------------

    The January 16, 2015 Order detailed evidence of additional attempts 
by Mahan Airways to acquire items subject the Regulations in further 
violation of the TDO. Specifically, in March 2014, OEE became aware of 
an inertial reference unit bearing serial number 1231 (``the IRU'') 
that had been sent to the United States for repair. The IRU is subject 
to the Regulations, classified under ECCN 7A103, and controlled for 
missile technology reasons. Upon closer inspection, it was determined 
that IRU came from or had been installed on an Airbus A340 aircraft 
bearing MSN 056. Further investigation revealed that as of 
approximately February 2014, this aircraft was registered under Iranian 
tail number EP-MMB and had been painted in the livery and logo of Mahan 
Airways.
    The January 16, 2015 Order described related efforts by the 
Departments of Justice and Treasury to further thwart Mahan's illicit 
procurement efforts. Specifically, on August 14, 2014, the United 
States Attorney's Office for the District of Maryland filed a civil 
forfeiture complaint for the IRU pursuant to 22 U.S.C. 401(b) that 
resulted in the court issuing an Order of Forfeiture on December 2, 
2014. EP-MMB remains listed as active in Mahan Airways' fleet.
    Additionally, on August 29, 2014, OFAC blocked the property and 
interests in property of Asian Aviation Logistics of Thailand, a Mahan 
Airways affiliate or front company, pursuant to Executive Order 13224. 
In doing so, OFAC described Mahan Airway's use of Asian Aviation 
Logistics to evade sanctions by making payments on behalf of Mahan for 
the purchase of engines and other equipment.\20\
---------------------------------------------------------------------------

    \20\ See http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20140829.aspx. See 79 FR 55073 (Sep. 15, 2014). 
OFAC also blocked the property and property interests of Pioneer 
Logistics of Turkey on August 29, 2014. Id. Mahan Airways' use of 
Pioneer Logistics in an effort to evade the TDO and the Regulations 
was discussed in a prior renewal order, as summarized, supra, at 13-
14. BIS added both Asian Aviation Logistics and Pioneer Logistics to 
the Entity List on December 12, 2013. See 78 FR 75458 (Dec. 12, 
2013).
---------------------------------------------------------------------------

    The May 21, 2015 modification order detailed the acquisition of two 
aircraft, specifically an Airbus A340 bearing MSN 164 and an Airbus 
A321 bearing MSN 550, that 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.\21\ The sales agreements 
for these two aircraft were signed by Ali Abdullah Alhay for Al Naser 
Airlines.\22\ Payment information reveals that multiple electronic 
funds transfers (``EFT'') were made by Ali Abdullah Alhay and Bahar 
Safwa General Trading in order to acquire MSNs 164 and 550.
---------------------------------------------------------------------------

    \21\ Both of these aircraft are powered by U.S.-origin engines 
that are subject to the Regulations and classified under 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.
    \22\ Ali Abdullah Alhay is a 25% owner of Al Naser Airlines.
---------------------------------------------------------------------------

    The May 21, 2015 modification order also laid out evidence showing 
the respondents' attempts to obtain other controlled aircraft, 
including aircraft physically located in the United States in 
similarly-patterned transactions during the same recent time period. 
Transactional documents involving two Airbus A320s bearing MSNs 82 and 
99, respectively, again showed Ali Abdullah Alhay signing sales 
agreements for Al Naser Airlines.\23\ A review of the payment 
information for these aircraft similarly revealed EFTs from Ali 
Abdullah Alhay and Bahar Safwa General Trading that follow the pattern 
described for MSNs 164 and 550, supra. MSNs 82 and 99 were detained by 
OEE Special Agents prior to their planned export from the United 
States.
---------------------------------------------------------------------------

    \23\ 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.
---------------------------------------------------------------------------

    The July 13, 2015 Order outlined evidence showing that Al Naser 
Airlines' attempts to acquire aircraft on behalf of Mahan Airways 
extended

[[Page 2165]]

beyond MSNs 164 and 550 to include a total of nine aircraft.\24\ Four 
of the aircraft, all of which are subject to the Regulations and were 
obtained by Mahan from Al Naser Airlines, had been issued the following 
Iranian tail numbers: EP-MMD (MSN 164), EP-MMG (MSN 383), EP-MMH (MSN 
391) and EP-MMR (MSN 416), respectively.\25\ Publicly available flight 
tracking information provided evidence that at the time of the July 13, 
2015 renewal, both EP-MMH and EP-MMR were being actively flown on 
routes into and out of Iran in violation of the TDO and 
Regulations.\26\
---------------------------------------------------------------------------

    \24\ This evidence included a press release dated May 9, 2015, 
that appeared on Mahan Airways' Web site and stated that Mahan 
``added 9 modern aircraft to its air fleet[,]'' and that the newly 
acquired aircraft included eight Airbus A340s and one Airbus A321. 
See http://www.mahan.aero/en/mahan-air/press-room/44. The press 
release was subsequently removed from Mahan Airways' Web site. 
Publicly available aviation databases similarly showed that Mahan 
had obtained nine additional aircraft from Al Naser Airlines in May 
2015, including MSNs 164 and 550. As also discussed in the July 13, 
2015 renewal order, Sky Blue Bird Group, via Issam Shammout, was 
actively involved in Al Naser Airlines' acquisition of MSNs 164 and 
550, and the attempted acquisition of MSNs 82 and 99 (which were 
detained by OEE).
    \25\ The Airbus A340s are powered by U.S.-origin engines that 
are subject to the Regulations and classified under ECCN 9A991.d. 
The Airbus A340s 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.
    \26\ There is some publically available information indicating 
that the aircraft Mahan Airways is flying under Iranian tail number 
EP-MMR is now MSN 615, rather than MSN 416. Both aircraft are Airbus 
A340 aircraft that Mahan acquired from Al Naser Airlines in 
violation of the TDO and the Regulations. Moreover, both aircraft 
were designated as SDGTs by OFAC on May 21, 2015, pursuant to 
Executive Order 13324. See 80 FR 30762 (May 29, 2015).
---------------------------------------------------------------------------

    The December 18, 2015 renewal request highlights evidence that 
Mahan Airways continues to operate EP-MMH and EP-MMR on flights into 
and out of Iran in further violation of the TDO and Regulations. 
Evidence provided by OEE indicates that EP-MMD, another of the aircraft 
Mahan obtained from Al Naser Airlines as discussed in the July 13, 2015 
renewal order, also is now in active service with Mahan and flew from 
Tehran, Iran to Bangkok, Thailand on January 4, 2016, and back to Iran 
on January 5, 2016. Additionally, publically available aviation 
databases and flight tracking information indicate that Mahan has 
acquired Iranian tail numbers for at least two more of the Airbus A340 
aircraft it obtained from Al Naser Airlines: EP-MME (MSN 371) and EP-
MMF (MSN 376), respectively. Moreover, both aircraft now bear Mahan 
Airways livery and logo, and since January 1, 2016, EP-MME has logged 
flights to and from Tehran, Iran involving various destinations, 
including Guangzhou, China and Dubai, United Arab Emirates.

C. Findings

    Under the applicable standard set forth in Section 766.24 of the 
Regulations and my review of the entire record, I find that the 
evidence presented by BIS convincingly demonstrates that the denied 
persons have acted in violation of the EAR and the TDO, that such 
violations have been significant, deliberate and covert, and that there 
is a likelihood of future violations. Therefore, renewal of the TDO is 
necessary to prevent imminent violation of the EAR and to give notice 
to companies and individuals in the United States and abroad that they 
should continue to cease dealing with Mahan Airways and the other 
denied persons under the TDO in connection with export and reexport 
transactions involving items subject to the EAR.

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, 33 Cavendish Square, 
4th Floor, 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., 33 Cavendish 
Square, 4th Floor, London, W1G 0PV, United Kingdom; EQUIPCO (UK) LTD., 
2 Bentinck Close, Prince Albert Road, London, NW8 7RY, United Kingdom; 
and 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, 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; SKY BLUE BIRD GROUP A/K/A SKY BLUE BIRD AVIATION A/K/A SKY 
BLUE BIRD LTD A/K/A SKY BLUE BIRD FZC, P.O. Box 16111, Ras Al Khaimah 
Trade Zone, United Arab Emirates; and ISSAM SHAMMOUT A/K/A MUHAMMAD 
ISAM MUHAMMAD ANWAR NUR SHAMMOUT A/K/A ISSAM ANWAR, Philips Building, 
4th Floor, Al Fardous Street, Damascus, Syria, and Al Kolaa, Beirut, 
Lebanon 151515, and 17-18 Margaret Street, 4th Floor, London, W1W 8RP, 
United Kingdom, and Cumhuriyet Mah. Kavakli San St. Fulya, Cad. Hazar 
Sok. No.14/A Silivri, Istanbul, Turkey, 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.

[[Page 2166]]

    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, 
Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar 
Safwa General Trading may, at any time, appeal this Order by filing a 
full written statement in support of the 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 Sections 766.23(c)(2) and 766.24(e)(3) of the EAR, 
Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco 
Trading LLC, Ali Eslamian, Mahan Air General Trading LLC, Skyco (UK) 
Ltd., Equipco (UK) Ltd., Mehdi Bahrami, Sky Blue Bird Group, and/or 
Issam Shammout may, at any time, appeal their inclusion as a related 
person by filing a full written statement in support of the 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 Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/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 Mahan Airways, Al Naser 
Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading and each 
related person, and shall be published in the Federal Register. This 
Order is effective immediately and shall remain in effect for 180 days.

    Dated: January 7, 2016.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2016-00760 Filed 1-14-16; 8:45 am]
BILLING CODE P



                                                                                 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices                                                    2161

                                                  II. Method of Collection                                  Dated: January 12, 2016.                                Khaimah Trade Zone, United Arab
                                                                                                          Glenna Mickelson,                                         Emirates;
                                                     Electronic Information on Individual                                                                        Issam Shammout, a/k/a Muhammad Isam
                                                  ICRs for Which an Emergency Extension                   Management Analyst, Office of the Chief
                                                                                                                                                                    Muhammad, Anwar Nur Shammout, a/k/a
                                                  Is Requested:                                           Information Officer.                                      Issam Anwar, Philips Building, 4th Floor,
                                                     Title of Collections:                                [FR Doc. 2016–00718 Filed 1–14–16; 8:45 am]               Al Fardous Street, Damascus, Syria and Al
                                                     1. Simple Network Application                        BILLING CODE 3510–22–P                                    Kolaa, Beirut, Lebanon 151515 and 17–18
                                                  Process and Multi-purpose Application                                                                             Margaret Street, 4th Floor, London, W1W
                                                                                                                                                                    8RP, United Kingdom and Cumhuriyet
                                                  Form.
                                                                                                          DEPARTMENT OF COMMERCE                                    Mah. Kavakli San St. Fulya, Cad. Hazar
                                                     2. Offsets in Military Exports.                                                                                Sok. No.14/A Silivri, Istanbul, Turkey.
                                                     3. Licensing Exemptions and
                                                  Exclusions.                                             Bureau of Industry and Security                           Pursuant to Section 766.24 of the
                                                                                                                                                                 Export Administration Regulations, 15
                                                  III. Data                                               Order Renewing Order Temporarily                       CFR parts 730–774 (2015) (‘‘EAR’’ or the
                                                                                                          Denying Export Privileges                              ‘‘Regulations’’),1 I hereby grant the
                                                    1. Simple Network Application
                                                  Process and Multi-purpose Application                                                                          request of the Office of Export
                                                                                                          Mahan Airways, Mahan Tower, No. 21,                    Enforcement (‘‘OEE’’) to renew the July
                                                  Form.                                                     Azadegan St., M.A. Jenah Exp. Way,
                                                    OMB Control Number: 0694–0088.                                                                               13, 2015 Temporary Denial Order (the
                                                                                                            Tehran, Iran;
                                                    Form Number: None.                                                                                           ‘‘TDO’’). The July 13, 2015 Order denied
                                                                                                          Pejman Mahmood Kosarayanifard, a/k/a
                                                    Type of Review: Extension of a                          Kosarian Fard, P.O. Box 52404, Dubai,                the export privileges of Mahan Airways,
                                                  currently approved information                            United Arab Emirates;                                Pejman Mahmood Kosarayanifard,
                                                  collection.                                             Mahmoud Amini, G#22 Dubai Airport Free                 Mahmoud Amini, Kerman Aviation,
                                                    Affected Public: Non-profit                             Zone, P.O. Box 393754, Dubai, United Arab            Sirjanco Trading LLC, Ali Eslamian,
                                                  institutions; State, local, or tribal                     Emirates and P.O. Box 52404, Dubai,                  Mahan Air General Trading LLC, Skyco
                                                  government; business or other for-profit                  United Arab Emirates and Mohamed                     (UK) Ltd., Equipco (UK) Ltd., Mehdi
                                                  organizations.                                            Abdulla Alqaz Building, Al Maktoum                   Bahrami, Al Naser Airlines, Ali
                                                    Estimated Number of Respondents:                        Street, Al Rigga, Dubai, United Arab                 Abdullah Alhay, Bahar Safwa General
                                                                                                            Emirates;                                            Trading, Sky Blue Bird Group, and
                                                  64,612.                                                 Kerman Aviation, a/k/a GIE Kerman
                                                    Estimated Time per Response: 0.49                                                                            Issam Shammout.2 I find that renewal of
                                                                                                            Aviation, 42 Avenue Montaigne 75008,
                                                  hours.                                                                                                         the TDO is necessary in the public
                                                                                                            Paris, France;
                                                    Estimated Total Annual Burden                         Sirjanco Trading LLC, P.O. Box 8709, Dubai,
                                                                                                                                                                 interest to prevent an imminent
                                                  Hours: 31,833.                                            United Arab Emirates;                                violation of the EAR.
                                                    Estimated Total Annual Cost to                        Ali Eslamian, 33 Cavendish Square, 4th                 I. Procedural History
                                                  Public: $0.                                               Floor, London, W1G0PW, United Kingdom
                                                                                                            and 2 Bentinck Close, Prince Albert Road                On March 17, 2008, Darryl W.
                                                    2. Offsets in Military Exports.                                                                              Jackson, the then-Assistant Secretary of
                                                    OMB Control Number: 0694–0084.                          St. Johns Wood, London NW87RY, United
                                                                                                            Kingdom;                                             Commerce for Export Enforcement
                                                    Form Number: None.                                                                                           (‘‘Assistant Secretary’’), signed a TDO
                                                                                                          Mahan Air General Trading LLC, 19th Floor
                                                    Type of Review: Extension of a                          Al Moosa Tower One, Sheik Zayed Road,                denying Mahan Airways’ export
                                                  currently approved information                            Dubai 40594, United Arab Emirates;                   privileges for a period of 180 days on
                                                  collection.                                             Skyco (UK, Ltd., 33 Cavendish Square, 4th              the grounds that its issuance was
                                                    Affected Public: Business or other for-                 Floor, London, W1G 0PV, United                       necessary in the public interest to
                                                  profit organizations.                                     Kingdom;                                             prevent an imminent violation of the
                                                    Estimated Number of Respondents:                      Equipco (UK, Ltd., 2 Bentinck Close, Prince
                                                                                                                                                                 Regulations. The TDO also named as
                                                  30.                                                       Albert Road, London, NW8 7RY, United
                                                                                                            Kingdom;                                             denied persons Blue Airways, of
                                                    Estimated Time per Response: 12                                                                              Yerevan, Armenia (‘‘Blue Airways of
                                                  hours.                                                  Mehdi Bahrami, Mahan Airways—Istanbul
                                                                                                            Office, Cumhuriye Cad. Sibil Apt No: 101             Armenia’’), as well as the ‘‘Balli Group
                                                    Estimated Total Annual Burden
                                                                                                            D:6, 34374 Emadad, Sisli Istanbul, Turkey;           Respondents,’’ namely, Balli Group
                                                  Hours: 360 hours.                                       Al Naser Airlines, a/k/a al-Naser Airlines, a/         PLC, Balli Aviation, Balli Holdings,
                                                    Estimated Total Annual Cost to                          k/a Alnaser Airlines and Air Freight Ltd.,           Vahid Alaghband, Hassan Alaghband,
                                                  Public: $0.                                               Home 46, Al-Karrada, Babil Region,                   Blue Sky One Ltd., Blue Sky Two Ltd.,
                                                    3. License Exemptions and                               District 929, St 21, Beside Al Jadirya               Blue Sky Three Ltd., Blue Sky Four Ltd.,
                                                  Exclusions.                                               Private Hospital, Baghdad, Iraq and Al
                                                                                                            Amirat Street, Section 309, St. 3/H.20, Al
                                                                                                                                                                 Blue Sky Five Ltd., and Blue Sky Six
                                                    OMB Control Number: 0694–0137.                                                                               Ltd., all of the United Kingdom. The
                                                    Form Number: None.                                      Mansour, Baghdad, Iraq and P.O. Box
                                                                                                            28360, Dubai, United Arab Emirates and               TDO was issued ex parte pursuant to
                                                    Type of Review: Extension of a                          P.O. Box 911399, Amman 11191, Jordan;                Section 766.24(a), and went into effect
                                                  currently approved information                          Ali Abdullah Alhay, a/k/a Ali Alhay, a/k/a             on March 21, 2008, the date it was
                                                  collection.                                               Ali Abdullah Ahmed Alhay, Home 46, Al-               published in the Federal Register.
                                                    Affected Public: Non-profit                             Karrada, Babil Region, District 929, St 21,
                                                  institutions; State, local, or tribal                     Beside Al Jadirya Private Hospital,                     1 The Regulations, currently codified at 15 CFR

                                                  government; business or other for-profit                  Baghdad, Iraq and Anak Street, Qatif,                parts 730–774 (2015), originally issued pursuant to
                                                  organizations.                                            Saudi Arabia 61177;                                  the Export Administration Act of 1979. Since
                                                                                                          Bahar Safwa General Trading, P.O. Box                  August 21, 2001, the Act has been in lapse and the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    Estimated Number of Respondents:
                                                                                                            113212, Citadel Tower, Floor-5, Office               President, through Executive Order 13222 of August
                                                  19,738.                                                                                                        17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
                                                                                                            #504, Business Bay, Dubai, United Arab
                                                    Estimated Time per Response: 1.52                                                                            has been extended by successive Presidential
                                                                                                            Emirates and P.O. Box 8709, Citadel
                                                  hours.                                                    Tower, Business Bay, Dubai, United Arab
                                                                                                                                                                 Notices, the most recent being that of August 7,
                                                    Estimated Total Annual Burden                                                                                2015 (80 FR 48,223 (Aug. 11, 2015)), has continued
                                                                                                            Emirates;                                            the Regulations in effect under the International
                                                  Hours: 29,998.                                          Sky Blue Bird Group, a/k/a Sky Blue Bird               Emergency Economic Powers Act (50 U.S.C. 1701,
                                                    Estimated Total Annual Cost to                          Aviation, a/k/a Sky Blue Bird Ltd, a/k/a             et seq. (2006 & Supp. IV 2010)).
                                                  Public: $0.                                               Sky Blue Bird FZC, P.O. Box 16111, Ras Al               2 See note 3, infra.




                                             VerDate Sep<11>2014   20:01 Jan 14, 2016   Jkt 238001   PO 00000   Frm 00002   Fmt 4703   Sfmt 4703   E:\FR\FM\15JAN1.SGM   15JAN1


                                                  2162                           Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices

                                                    The TDO subsequently has been                            On December 18, 2015, BIS, through                  of the initial TDO and the TDO renewals
                                                  renewed in accordance with Section                      its Office of Export Enforcement                       in this matter and the evidence
                                                  766.24(d), including most recently on                   (‘‘OEE’’), submitted a written request for             developed over the course of this
                                                  July 13, 2015.3 As of March 9, 2010, the                renewal of the TDO. The written request                investigation indicating a blatant
                                                  Balli Group Respondents and Blue                        was made more than 20 days before the                  disregard of U.S. export controls and the
                                                  Airways were no longer subject to the                   scheduled expiration of the current                    TDO. The initial TDO was issued as a
                                                  TDO. As part of the February 25, 2011                   TDO, which issued on July 13, 2015.7                   result of evidence that showed that
                                                  TDO renewal, Gatewick LLC (a/k/a                        Notice of the renewal request also was                 Mahan Airways and other parties
                                                  Gatewick Freight and Cargo Services, a/                 provided to Mahan Airways, Al Naser                    engaged in conduct prohibited by the
                                                  k/a Gatewick Aviation Services),                        Airlines, Ali Abdullah Alhay, and Bahar                EAR by knowingly re-exporting to Iran
                                                  Mahmoud Amini, and Pejman                               Safwa General Trading in accordance                    three U.S.-origin aircraft, specifically
                                                  Mahmood Kosarayanifard (‘‘Kosarian                      with Sections 766.5 and 766.24(d) of the               Boeing 747s (‘‘Aircraft 1–3’’), items
                                                  Fard’’) were added as related persons in                Regulations. No opposition to the                      subject to the EAR and classified under
                                                  accordance with Section 766.23 of the                   renewal of the TDO has been received.                  Export Control Classification Number
                                                  Regulations.4 On July 1, 2011, the TDO                  Furthermore, no appeal of the related                  (‘‘ECCN’’) 9A991.b, without the required
                                                  was modified by adding Zarand                           person determinations I made as part of                U.S. Government authorization. Further
                                                  Aviation as a respondent in order to                    the September 3, 2010, February 25,                    evidence submitted by BIS indicated
                                                  prevent an imminent violation.5 As part                 2011, August 24, 2011, April 9, 2012,                  that Mahan Airways was involved in the
                                                  of the August 24, 2011 renewal, Kerman                  February 4, 2013, and July 13, 2015                    attempted re-export of three additional
                                                  Aviation, Sirjanco Trading LLC, and Ali                 renewal or modification orders has been                U.S.-origin Boeing 747s (‘‘Aircraft 4–6’’)
                                                  Eslamian were added to the TDO as                       made by Kosarian Fard, Mahmoud                         to Iran.
                                                  related persons. Mahan Air General                      Amini, Kerman Aviation, Sirjanco                          As discussed in the September 17,
                                                  Trading LLC, Skyco (UK) Ltd., and                       Trading LLC, Ali Eslamian, Mahan Air                   2008 renewal order, evidence presented
                                                  Equipco (UK) Ltd. were added as related                 General Trading LLC, Skyco (UK) Ltd.,                  by BIS indicated that Aircraft 1–3
                                                  persons on April 9, 2012. Mehdi                         Equipco (UK) Ltd., Mehdi Bahrami, Sky                  continued to be flown on Mahan
                                                  Bahrami was added to the TDO as a                       Blue Bird Group, or Issam Shammout.8                   Airways’ routes after issuance of the
                                                  related person as part of the February 4,                                                                      TDO, in violation of the Regulations and
                                                                                                          II. Renewal of the TDO                                 the TDO itself.9 It also showed that
                                                  2013 renewal order.
                                                    On May 21, 2015, the TDO was                          A. Legal Standard                                      Aircraft 1–3 had been flown in further
                                                  modified to add Al Naser Airlines, Ali                     Pursuant to Section 766.24, BIS may                 violation of the Regulations and the
                                                  Abdullah Alhay, and Bahar Safwa                         issue or renew an order temporarily                    TDO on the routes of Iran Air, an
                                                  General Trading as respondents. Sky                     denying a respondent’s export privileges               Iranian Government airline. Moreover,
                                                  Blue Bird Group and its chief executive                 upon a showing that the order is                       as discussed in the March 16, 2009,
                                                  officer Issam Shammout were added to                    necessary in the public interest to                    September 11, 2009 and March 9, 2010
                                                  the TDO as related persons as part of the               prevent an ‘‘imminent violation’’ of the               Renewal Orders, Mahan Airways
                                                  July 13, 2015 renewal order.6                           Regulations. 15 CFR 766.24(b)(1) and                   registered Aircraft 1–3 in Iran, obtained
                                                                                                          776.24(d). ‘‘A violation may be                        Iranian tail numbers for them (EP–MNA,
                                                     3 The July 13, 2015 Order was published in the
                                                                                                          ‘imminent’ either in time or degree of                 EP–MNB, and EP–MNE, respectively),
                                                  Federal Register on July 28, 2015 (80 Fed Reg.                                                                 and continued to operate at least two of
                                                  44,930, Jul. 28, 2015). The TDO previously had          likelihood.’’ 15 CFR 766.24(b)(3). BIS
                                                  been renewed on September 17, 2008, March 16,           may show ‘‘either that a violation is                  them in violation of the Regulations and
                                                  2009, September 11, 2009, March 9, 2010,                about to occur, or that the general                    the TDO,10 while also committing an
                                                  September 3, 2010, February 25, 2011, August 24,                                                               additional knowing and willful
                                                  2011, February 15, 2012, August 9, 2012, February       circumstances of the matter under
                                                  4, 2013, July 31, 2013, January 24, 2014, July 22,      investigation or case under criminal or                violation when it negotiated for and
                                                  2014, and January 16, 2015. The August 24, 2011         administrative charges demonstrate a                   acquired an additional U.S.-origin
                                                  renewal followed the modification of the TDO on
                                                                                                          likelihood of future violations.’’ Id. As              aircraft. The additional acquired aircraft
                                                  July 1, 2011, which added Zarand Aviation as a                                                                 was an MD–82 aircraft, which
                                                  respondent. The July 13, 2015 renewal followed the      to the likelihood of future violations,
                                                  modification of the TDO on May 21, 2015, which          BIS may show that the violation under                  subsequently was painted in Mahan
                                                  added Al Naser Airlines, Ali Abdullah Alhay, and        investigation or charge ‘‘is significant,              Airways’ livery and flown on multiple
                                                  Bahar Safwa General Trading as respondents. Each
                                                                                                          deliberate, covert and/or likely to occur              Mahan Airways’ routes under tail
                                                  renewal or modification order was published in the                                                             number TC–TUA.
                                                  Federal Register.                                       again, rather than technical or negligent
                                                                                                                                                                    The March 9, 2010 Renewal Order
                                                     4 On August 13, 2014, BIS and Gatewick LLC           [.]’’ Id. A ‘‘lack of information
                                                  resolved administrative charges against Gatewick,                                                              also noted that a court in the United
                                                                                                          establishing the precise time a violation
                                                  including a charge for acting contrary to the terms
                                                                                                          may occur does not preclude a finding                  Kingdom (‘‘U.K.’’) had found Mahan
                                                  of a BIS denial order (15 CFR 764.2(k)). In addition                                                           Airways in contempt of court on
                                                  to the payment of a civil penalty, the settlement       that a violation is imminent, so long as
                                                  includes a seven-year denial order. The first two       there is sufficient reason to believe the              February 1, 2010, for failing to comply
                                                  years of the denial period are active, with the         likelihood of a violation.’’ Id.                       with that court’s December 21, 2009 and
                                                  remaining five years suspended on condition that                                                               January 12, 2010 orders compelling
                                                  Gatewick LLC pays the civil penalty in full and         B. The TDO and BIS’s Request for                       Mahan Airways to remove the Boeing
                                                  timely fashion and commits no further violation of
                                                  the Regulations during the seven-year denial
                                                                                                          Renewal                                                747s from Iran and ground them in the
                                                  period. The Gatewick LLC Final Order was                  OEE’s request for renewal is based                   Netherlands. Mahan Airways and the
                                                  published in the Federal Register on August 20,                                                                Balli Group Respondents had been
                                                  2014. See 79 FR 49283 (Aug. 20, 2014).
                                                                                                          upon the facts underlying the issuance
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     5 As of July 22, 2014, Zarand Aviation was no
                                                                                                                                                                 litigating before the U.K. court
                                                                                                             7 The May 21, 2015 modification order did not
                                                  longer subject to the TDO.
                                                     6 The U.S. Department of the Treasury’s Office of    affect the expiration date of the January 16, 2015        9 Engaging in conduct prohibited by a denial

                                                  Foreign Assets Control (‘‘OFAC’’) designated Sky        Order.                                                 order violates the Regulations. 15 CFR 764.2(a) and
                                                  Blue Bird and Issam Shammout as Specially                  8 A party named or added as a related person may    (k).
                                                  Designated Global Terrorists (‘‘SDGTs’’) on May 21,     not oppose the issuance or renewal of the                 10 The third Boeing 747 appeared to have

                                                  2015, pursuant to Executive Order 13324, for            underlying temporary denial order, but may file an     undergone significant service maintenance and may
                                                  ‘‘providing support to Iran’s Mahan Air.’’ See 80 FR    appeal of the related person determination in          not have been operational at the time of the March
                                                  30762 (May 29, 2015).                                   accordance with Section 766.23(c).                     9, 2010 renewal order.



                                             VerDate Sep<11>2014   20:01 Jan 14, 2016   Jkt 238001   PO 00000   Frm 00003   Fmt 4703   Sfmt 4703   E:\FR\FM\15JAN1.SGM   15JAN1


                                                                                 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices                                                     2163

                                                  concerning ownership and control of                     September 19, 2012.11 Furthermore, as                  and other persons acting in concert with
                                                  Aircraft 1–3. In a letter to the U.K. court             discussed in the February 4, 2013 Order,               Mahan, including Kral Aviation and
                                                  dated January 12, 2010, Mahan Airways’                  open source information indicated that                 another Turkish company, to procure
                                                  Chairman indicated, inter alia, that                    this 747, painted in the livery and logo               U.S.-origin engines—two GE CF6–50C2
                                                  Mahan Airways opposes U.S.                              of Mahan Airways, had been flown                       engines, with MSNs 517621 and
                                                  Government actions against Iran, that it                between Iran and Syria, and was                        517738, respectively—and other aircraft
                                                  continued to operate the aircraft on its                suspected of ferrying weapons and/or                   parts in violation of the TDO and the
                                                  routes in and out of Tehran (and had                    other equipment to the Syrian                          Regulations.16 The February 4, 2013
                                                  158,000 ‘‘forward bookings’’ for these                  Government from Iran’s Islamic                         renewal order also added Mehdi
                                                  aircraft), and that it wished to continue               Revolutionary Guard Corps. Open                        Bahrami as a related person in
                                                  to do so and would pay damages if                       source information showed that this                    accordance with Section 766.23 of the
                                                  required by that court, rather than                     aircraft had flown from Iran to Syria as               Regulations. Bahrami, a Mahan Vice-
                                                                                                          recently as June 30, 2013, and continues               President and the head of Mahan’s
                                                  ground the aircraft.
                                                                                                          to show that it remains in active                      Istanbul Office, also was involved in
                                                     The September 3, 2010 renewal order                  operation in Mahan Airways’ fleet.                     Mahan’s acquisition of the original three
                                                  discussed the fact that Mahan Airways’                     In addition, as first detailed in the               Boeing 747s (Aircraft 1–3) that resulted
                                                  violations of the TDO extended beyond                   July 1, 2011 and August 24, 2011 orders,               in the original TDO, and has had a
                                                  operating U.S.-origin aircraft and                      and discussed in subsequent renewal                    business relationship with Mahan
                                                  attempting to acquire additional U.S.-                  orders in this matter, Mahan Airways                   dating back to 1997.
                                                  origin aircraft. In February 2009, while                also continued to evade U.S. export                       The July 31, 2013 Order detailed
                                                  subject to the TDO, Mahan Airways                       control laws by operating two Airbus                   additional evidence obtained by OEE
                                                  participated in the export of computer                  A310 aircraft, bearing Mahan Airways’                  showing efforts by Mahan Airways to
                                                  motherboards, items subject to the                      livery and logo, on flights into and out               obtain another GE CF6–50C2 aircraft
                                                  Regulations and designated as EAR99,                    of Iran.12 At the time of the July 1, 2011             engine (MSN 528350) from the United
                                                  from the United States to Iran, via the                 and August 24, 2011 Orders, these                      States via Turkey. Multiple Mahan
                                                  United Arab Emirates (‘‘UAE’’), in                      Airbus A310s were registered in France,                employees, including Mehdi Bahrami,
                                                  violation of both the TDO and the                       with tail numbers F–OJHH and F–OJHI,                   were involved in or aware of matters
                                                  Regulations, by transporting and/or                     respectively.13                                        related to the engine’s arrival in Turkey
                                                  forwarding the computer motherboards                       The August 2012 renewal order also                  from the United States, plans to visually
                                                  from the UAE to Iran. Mahan Airways’                    found that Mahan Airways had acquired                  inspect the engine, and prepare it for
                                                  violations were facilitated by Gatewick                 another Airbus A310 aircraft subject to                shipment from Turkey.
                                                  LLC, which not only participated in the                 the Regulations, with MSN 499 and                         Mahan sought to obtain this U.S.-
                                                                                                          Iranian tail number EP–VIP, in violation
                                                  transaction, but also has stated to BIS                                                                        origin engine through Pioneer Logistics
                                                                                                          of the TDO and the Regulations.14 On
                                                  that it acted as Mahan Airways’ sole                                                                           Havacilik Turizm Yonetim Danismanlik
                                                                                                          September 19, 2012, all three Airbus
                                                  booking agent for cargo and freight                                                                            (‘‘Pioneer Logistics’’), an aircraft parts
                                                                                                          A310 aircraft (tail numbers F–OJHH, F–
                                                  forwarding services in the UAE.                                                                                supplier located in Turkey, and its
                                                                                                          OJHI, and EP–VIP) were designated as
                                                     Moreover, in a January 24, 2011 filing                                                                      director/operator, Gulnihal Yegane, a
                                                                                                          SDGTs.15
                                                  in the U.K. court, Mahan Airways                           The February 4, 2013 Order laid out                 Turkish national who previously had
                                                  asserted that Aircraft 1–3 were not being               further evidence of continued and                      conducted Mahan related business with
                                                                                                          additional efforts by Mahan Airways                    Mehdi Bahrami and Ali Eslamian.
                                                  used, but stated in pertinent part that
                                                                                                                                                                 Moreover, as referenced in the July 31,
                                                  the aircraft were being maintained in
                                                                                                             11 See http://www.treasury.gov/resource-center/     2013 Order, a sworn affidavit by Kosol
                                                  Iran especially ‘‘in an airworthy
                                                                                                          sanctions/OFAC-Enforcement/pages/                      Surinanda, also known as Kosol
                                                  condition’’ and that, depending on the                  20120919.aspx.                                         Surinandha, Managing Director of
                                                  outcome of its U.K. court appeal, the                      12 The Airbus A310s are powered with U.S.-origin
                                                                                                                                                                 Mahan’s General Sales Agent in
                                                  aircraft ‘‘could immediately go back into               engines. The engines are subject to the EAR and
                                                                                                                                                                 Thailand, stated that the shares of
                                                  service . . . on international routes into              classified under Export Control Classification
                                                                                                          (‘‘ECCN’’) 9A991.d. The Airbus A310s contain           Pioneer Logistics for which he was the
                                                  and out of Iran.’’ Mahan Airways’                       controlled U.S.-origin items valued at more than 10
                                                  January 24, 2011 submission to U.K.                     percent of the total value of the aircraft and as a       16 Kral Aviation was referenced in the February

                                                  Court of Appeal, at p. 25, ¶¶ 108, 110.                 result are subject to the EAR. They are classified     4, 2013 Order as ‘‘Turkish Company No. 1.’’ Kral
                                                  This clearly stated intent, both on its                 under ECCN 9A991.b. The export or reexport of          Aviation purchased a GE CF6–50C2 aircraft engine
                                                                                                          these aircraft to Iran requires U.S. Government        (MSN 517621) from the United States in July 2012,
                                                  own and in conjunction with Mahan                       authorization pursuant to Sections 742.8 and 746.7     on behalf of Mahan Airways. OEE was able to
                                                  Airways’ prior misconduct and                           of the Regulations.                                    prevent this engine from reaching Mahan by issuing
                                                  statements, demonstrated the need to                       13 OEE subsequently presented evidence that after
                                                                                                                                                                 a redelivery order to the freight forwarder in
                                                  renew the TDO in order to prevent                       the August 24, 2011 renewal, Mahan Airways             accordance with Section 758.8 of the Regulations.
                                                                                                          worked along with Kerman Aviation and others to        OEE also issued Kral Aviation a redelivery order for
                                                  imminent future violations. Two of                      de-register the two Airbus A310 aircraft in France     the second CF6–50C2 engine (MSN 517738) on July
                                                  these three 747s subsequently were                      and to register both aircraft in Iran (with,           30, 2012. The owner of the second engine
                                                  removed from Iran and are no longer in                  respectively, Iranian tail numbers EP–MHH and          subsequently cancelled the item’s sale to Kral
                                                                                                          EP–MHI). It was determined subsequent to the           Aviation. In September 2012, OEE was alerted by
                                                  Mahan Airway’s possession. The third                    February 15, 2012 renewal order that the               a U.S. exporter that another Turkish company
                                                  of these 747s, with Manufacturer’s                      registration switch for these A310s was cancelled      (‘‘Turkish Company No. 2’’) was attempting to
                                                  Serial Number (‘‘MSN’’) 23480 and                       and that Mahan Airways then continued to fly the       purchase aircraft spare parts intended for re-export
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Iranian tail number EP–MNE, remained                    aircraft under the original French tail numbers (F–    by Turkish Company No. 2 to Mahan Airways. See
                                                                                                          OJHH and F–OJHI, respectively). Both aircraft          February 4, 2013 Order.
                                                  in Iran under Mahan’s control. Pursuant                 apparently remain in Mahan Airways’ possession.           On December 31, 2013, Kral Aviation was added
                                                  to Executive Order 13324, it was                           14 See note 12, supra.
                                                                                                                                                                 to BIS’s Entity List, Supplement No. 4 to Part 744
                                                  designated a Specially Designated                          15 See http://www.treasury.gov/resource-center/     of the Regulations. See 78 FR 75458 (Dec. 12, 2013).
                                                  Global Terrorist (‘‘SDGT’’) by the U.S.                 sanctions/OFAC-Enforcement/pages/                      Companies and individuals are added to the Entity
                                                                                                          20120919.aspx. Mahan Airways was previously            List for engaging in activities contrary to the
                                                  Department of the Treasury’s Office of                  designated by OFAC as a SDGT on October 18,            national security or foreign policy interests of the
                                                  Foreign Assets Control (‘‘OFAC’’) on                    2011. 77 FR 64,427 (October 18, 2011).                 United States. See 15 CFR 744.11.



                                             VerDate Sep<11>2014   20:01 Jan 14, 2016   Jkt 238001   PO 00000   Frm 00004   Fmt 4703   Sfmt 4703   E:\FR\FM\15JAN1.SGM   15JAN1


                                                  2164                            Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices

                                                  listed owner were ‘‘actually the property                on-going investigation indicates that                   The May 21, 2015 modification order
                                                  of and owned by Mahan.’’ He further                      both BAE regional jets remain active in               detailed the acquisition of two aircraft,
                                                  stated that he held ‘‘legal title to the                 Mahan’s fleet, with open source                       specifically an Airbus A340 bearing
                                                  shares until otherwise required by                       information showing EP–MOI being                      MSN 164 and an Airbus A321 bearing
                                                  Mahan’’ but would ‘‘exercise the rights                  used on flights into and out of Iran as               MSN 550, that were purchased by Al
                                                  granted to [him] exactly and only as                     recently as January 12, 2015. The                     Naser Airlines in late 2014/early 2015
                                                  instructed by Mahan and [his] vote                       continued operation of these aircraft by              and are currently located in Iran under
                                                  and/or decisions [would] only and                        Mahan Airways violates the TDO.                       the possession, control, and/or
                                                  exclusively reflect the wills and                           The January 16, 2015 Order detailed                ownership of Mahan Airways.21 The
                                                  demands of Mahan[.]’’ 17                                 evidence of additional attempts by                    sales agreements for these two aircraft
                                                     The January 24, 2014 Order outlined                   Mahan Airways to acquire items subject                were signed by Ali Abdullah Alhay for
                                                  OEE’s continued investigation of Mahan                   the Regulations in further violation of               Al Naser Airlines.22 Payment
                                                  Airways’ activities and detailed an                      the TDO. Specifically, in March 2014,                 information reveals that multiple
                                                  attempt by Mahan, which OEE                              OEE became aware of an inertial                       electronic funds transfers (‘‘EFT’’) were
                                                  thwarted, to obtain, via an Indonesian                   reference unit bearing serial number                  made by Ali Abdullah Alhay and Bahar
                                                  aircraft parts supplier, two U.S.-origin                 1231 (‘‘the IRU’’) that had been sent to              Safwa General Trading in order to
                                                  Honeywell ALF–502R–5 aircraft engines                    the United States for repair. The IRU is              acquire MSNs 164 and 550.
                                                  (MSNs LF5660 and LF5325), items                          subject to the Regulations, classified                  The May 21, 2015 modification order
                                                  subject to the Regulations, from a U.S.                  under ECCN 7A103, and controlled for                  also laid out evidence showing the
                                                  company located in Texas. An invoice                     missile technology reasons. Upon closer               respondents’ attempts to obtain other
                                                  of the Indonesian aircraft parts supplier                inspection, it was determined that IRU                controlled aircraft, including aircraft
                                                  dated March 27, 2013, listed Mahan                       came from or had been installed on an                 physically located in the United States
                                                  Airways as the purchaser of the engines                  Airbus A340 aircraft bearing MSN 056.                 in similarly-patterned transactions
                                                  and included a Mahan ship-to address.                    Further investigation revealed that as of             during the same recent time period.
                                                  OEE also obtained a Mahan air waybill                    approximately February 2014, this                     Transactional documents involving two
                                                  dated March 12, 2013, listing numerous                   aircraft was registered under Iranian tail            Airbus A320s bearing MSNs 82 and 99,
                                                  U.S.-origin aircraft parts subject to the                number EP–MMB and had been painted                    respectively, again showed Ali
                                                  Regulations—including, among other                       in the livery and logo of Mahan                       Abdullah Alhay signing sales
                                                  items, a vertical navigation gyroscope, a                Airways.                                              agreements for Al Naser Airlines.23 A
                                                  transmitter, and a power control unit—                      The January 16, 2015 Order described               review of the payment information for
                                                  being transported by Mahan from                          related efforts by the Departments of                 these aircraft similarly revealed EFTs
                                                  Turkey to Iran in violation of the TDO.                  Justice and Treasury to further thwart                from Ali Abdullah Alhay and Bahar
                                                     The July 22, 2014 Order discussed                     Mahan’s illicit procurement efforts.                  Safwa General Trading that follow the
                                                  open source evidence from the March–                     Specifically, on August 14, 2014, the                 pattern described for MSNs 164 and
                                                  June 2014 time period regarding two                      United States Attorney’s Office for the               550, supra. MSNs 82 and 99 were
                                                  BAE regional jets, items subject to the                  District of Maryland filed a civil                    detained by OEE Special Agents prior to
                                                  Regulations, that were painted in the                    forfeiture complaint for the IRU                      their planned export from the United
                                                  livery and logo of Mahan Airways and                     pursuant to 22 U.S.C. 401(b) that                     States.
                                                  operating under Iranian tail numbers                     resulted in the court issuing an Order of                The July 13, 2015 Order outlined
                                                  EP–MOK and EP–MOI, respectively.18                       Forfeiture on December 2, 2014. EP–                   evidence showing that Al Naser
                                                  In addition, aviation industry resources                 MMB remains listed as active in Mahan                 Airlines’ attempts to acquire aircraft on
                                                  indicated that these aircraft were                       Airways’ fleet.                                       behalf of Mahan Airways extended
                                                  obtained by Mahan Airways in late                           Additionally, on August 29, 2014,
                                                  November 2013 and June 2014, from                        OFAC blocked the property and                         Asian Aviation Logistics and Pioneer Logistics to
                                                  Ukrainian Mediterranean Airline, a                       interests in property of Asian Aviation               the Entity List on December 12, 2013. See 78 FR
                                                  Ukrainian airline that was added to                      Logistics of Thailand, a Mahan Airways                75458 (Dec. 12, 2013).
                                                                                                                                                                    21 Both of these aircraft are powered by U.S.-
                                                  BIS’s Entity List (Supplement No. 4 to                   affiliate or front company, pursuant to
                                                                                                                                                                 origin engines that are subject to the Regulations
                                                  Part 744 of the Regulations) on August                   Executive Order 13224. In doing so,                   and classified under ECCN 9A991.d. Both aircraft
                                                  15, 2011, for acting contrary to the                     OFAC described Mahan Airway’s use of                  contain controlled U.S.-origin items valued at more
                                                  national security and foreign policy                     Asian Aviation Logistics to evade                     than 10 percent of the total value of the aircraft and
                                                                                                           sanctions by making payments on behalf                as a result are subject to the EAR regardless of their
                                                  interests of the United States.19 OEE’s                                                                        location. The aircraft are classified under ECCN
                                                                                                           of Mahan for the purchase of engines                  9A991.b. The export or re-export of these aircraft to
                                                    17 Pioneer Logistics, Gulnihal Yegane, and Kosol       and other equipment.20                                Iran requires U.S. Government authorization
                                                  Surinanda also were added to the Entity List on                                                                pursuant to Sections 742.8 and 746.7 of the
                                                  December 12, 2013. See 78 FR 75458 (Dec. 12,             obtained these aircraft in November 2013, from        Regulations.
                                                  2013).                                                   Khors Air Company, another Ukrainian airline that,       22 Ali Abdullah Alhay is a 25% owner of Al Naser
                                                    18 The BAE regional jets are powered with U.S.-        like Ukrainian Mediterranean Airlines, was added      Airlines.
                                                  origin engines. The engines are subject to the EAR       to BIS’s Entity List on August 15, 2011. Open            23 Both aircraft were physically located in the
                                                  and classified under ECCN 9A991.d. These aircraft        source evidence indicates the two Airbus A320         United States and therefore are subject to the
                                                  contain controlled U.S.-origin items valued at more      aircraft may be been transferred by Mahan Airways     Regulations pursuant to Section 734.3(a)(1).
                                                  than 10 percent of the total value of the aircraft and   to another Iranian airline in October 2014, and       Moreover, these Airbus A320s are powered by U.S.-
                                                  as a result are subject to the EAR. They are             issued Iranian tail numbers EP–APE and EP–APF,        origin engines that are subject to the Regulations
                                                  classified under ECCN 9A991.b. The export or             respectively.                                         and classified under Export Control Classification
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  reexport of these aircraft to Iran requires U.S.            20 See http://www.treasury.gov/resource-center/    Number ECCN 9A991.d. The Airbus A320s contain
                                                  Government authorization pursuant to Sections            sanctions/OFAC-Enforcement/Pages/                     controlled U.S.-origin items valued at more than 10
                                                  742.8 and 746.7 of the Regulations.                      20140829.aspx. See 79 FR 55073 (Sep. 15, 2014).       percent of the total value of the aircraft and as a
                                                    19 See 76 FR 50407 (Aug. 15, 2011). The July 22,       OFAC also blocked the property and property           result are subject to the EAR regardless of the their
                                                  2014 TDO renewal order also referenced two Airbus        interests of Pioneer Logistics of Turkey on August    location. The aircraft are classified under ECCN
                                                  A320 aircraft painted in the livery and logo of          29, 2014. Id. Mahan Airways’ use of Pioneer           9A991.b. The export or re-export of these aircraft to
                                                  Mahan Airways and operating under Iranian tail           Logistics in an effort to evade the TDO and the       Iran requires U.S. Government authorization
                                                  numbers EP–MMK and EP–MML, respectively.                 Regulations was discussed in a prior renewal order,   pursuant to Sections 742.8 and 746.7 of the
                                                  OEE’s investigation also showed that Mahan               as summarized, supra, at 13–14. BIS added both        Regulations.



                                             VerDate Sep<11>2014   20:01 Jan 14, 2016   Jkt 238001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\15JAN1.SGM   15JAN1


                                                                                  Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices                                             2165

                                                  beyond MSNs 164 and 550 to include a                     Moreover, both aircraft now bear Mahan                 AND AIR FREIGHT LTD., Home 46, Al-
                                                  total of nine aircraft.24 Four of the                    Airways livery and logo, and since                     Karrada, Babil Region, District 929, St
                                                  aircraft, all of which are subject to the                January 1, 2016, EP–MME has logged                     21, Beside Al Jadirya Private Hospital,
                                                  Regulations and were obtained by                         flights to and from Tehran, Iran                       Baghdad, Iraq, and Al Amirat Street,
                                                  Mahan from Al Naser Airlines, had been                   involving various destinations,                        Section 309, St. 3/H.20, Al Mansour,
                                                  issued the following Iranian tail                        including Guangzhou, China and Dubai,                  Baghdad, Iraq, and P.O. Box 28360,
                                                  numbers: EP–MMD (MSN 164), EP–                           United Arab Emirates.                                  Dubai, United Arab Emirates, and P.O.
                                                  MMG (MSN 383), EP–MMH (MSN 391)                                                                                 Box 911399, Amman 11191, Jordan; ALI
                                                                                                           C. Findings
                                                  and EP–MMR (MSN 416),                                                                                           ABDULLAH ALHAY A/K/A ALI
                                                  respectively.25 Publicly available flight                  Under the applicable standard set                    ALHAY A/K/A ALI ABDULLAH
                                                  tracking information provided evidence                   forth in Section 766.24 of the                         AHMED ALHAY, Home 46, Al-Karrada,
                                                  that at the time of the July 13, 2015                    Regulations and my review of the entire                Babil Region, District 929, St 21, Beside
                                                  renewal, both EP–MMH and EP–MMR                          record, I find that the evidence                       Al Jadirya Private Hospital, Baghdad,
                                                  were being actively flown on routes into                 presented by BIS convincingly                          Iraq, and Anak Street, Qatif, Saudi
                                                  and out of Iran in violation of the TDO                  demonstrates that the denied persons                   Arabia 61177; BAHAR SAFWA
                                                  and Regulations.26                                       have acted in violation of the EAR and                 GENERAL TRADING, P.O. Box 113212,
                                                     The December 18, 2015 renewal                         the TDO, that such violations have been                Citadel Tower, Floor-5, Office #504,
                                                  request highlights evidence that Mahan                   significant, deliberate and covert, and                Business Bay, Dubai, United Arab
                                                  Airways continues to operate EP–MMH                      that there is a likelihood of future                   Emirates, and P.O. Box 8709, Citadel
                                                  and EP–MMR on flights into and out of                    violations. Therefore, renewal of the                  Tower, Business Bay, Dubai, United
                                                  Iran in further violation of the TDO and                 TDO is necessary to prevent imminent                   Arab Emirates; SKY BLUE BIRD GROUP
                                                  Regulations. Evidence provided by OEE                    violation of the EAR and to give notice                A/K/A SKY BLUE BIRD AVIATION A/
                                                  indicates that EP–MMD, another of the                    to companies and individuals in the                    K/A SKY BLUE BIRD LTD A/K/A SKY
                                                  aircraft Mahan obtained from Al Naser                    United States and abroad that they                     BLUE BIRD FZC, P.O. Box 16111, Ras
                                                  Airlines as discussed in the July 13,                    should continue to cease dealing with                  Al Khaimah Trade Zone, United Arab
                                                  2015 renewal order, also is now in                       Mahan Airways and the other denied                     Emirates; and ISSAM SHAMMOUT A/
                                                  active service with Mahan and flew                       persons under the TDO in connection                    K/A MUHAMMAD ISAM
                                                  from Tehran, Iran to Bangkok, Thailand                   with export and reexport transactions                  MUHAMMAD ANWAR NUR
                                                  on January 4, 2016, and back to Iran on                  involving items subject to the EAR.                    SHAMMOUT A/K/A ISSAM ANWAR,
                                                  January 5, 2016. Additionally,                           IV. Order                                              Philips Building, 4th Floor, Al Fardous
                                                  publically available aviation databases                                                                         Street, Damascus, Syria, and Al Kolaa,
                                                  and flight tracking information indicate                   It is therefore ordered:
                                                                                                             First, that MAHAN AIRWAYS, Mahan                     Beirut, Lebanon 151515, and 17–18
                                                  that Mahan has acquired Iranian tail                                                                            Margaret Street, 4th Floor, London,
                                                  numbers for at least two more of the                     Tower, No. 21, Azadegan St., M.A.
                                                                                                           Jenah Exp. Way, Tehran, Iran; PEJMAN                   W1W 8RP, United Kingdom, and
                                                  Airbus A340 aircraft it obtained from Al                                                                        Cumhuriyet Mah. Kavakli San St. Fulya,
                                                  Naser Airlines: EP–MME (MSN 371) and                     MAHMOOD KOSARAYANIFARD A/K/
                                                                                                           A KOSARIAN FARD, P.O. Box 52404,                       Cad. Hazar Sok. No.14/A Silivri,
                                                  EP–MMF (MSN 376), respectively.                                                                                 Istanbul, Turkey, and when acting for or
                                                                                                           Dubai, United Arab Emirates;
                                                     24 This evidence included a press release dated       MAHMOUD AMINI, G#22 Dubai                              on their behalf, any successors or
                                                  May 9, 2015, that appeared on Mahan Airways’             Airport Free Zone, P.O. Box 393754,                    assigns, agents, or employees (each a
                                                  Web site and stated that Mahan ‘‘added 9 modern          Dubai, United Arab Emirates, and P.O.                  ‘‘Denied Person’’ and collectively the
                                                  aircraft to its air fleet[,]’’ and that the newly        Box 52404, Dubai, United Arab                          ‘‘Denied Persons’’) may not, directly or
                                                  acquired aircraft included eight Airbus A340s and                                                               indirectly, participate in any way in any
                                                  one Airbus A321. See http://www.mahan.aero/en/           Emirates, and Mohamed Abdulla Alqaz
                                                  mahan-air/press-room/44. The press release was           Building, Al Maktoum Street, Al Rigga,                 transaction involving any commodity,
                                                  subsequently removed from Mahan Airways’ Web             Dubai, United Arab Emirates; KERMAN                    software or technology (hereinafter
                                                  site. Publicly available aviation databases similarly                                                           collectively referred to as ‘‘item’’)
                                                  showed that Mahan had obtained nine additional
                                                                                                           AVIATION A/K/A GIE KERMAN
                                                  aircraft from Al Naser Airlines in May 2015,             AVIATION, 42 Avenue Montaigne                          exported or to be exported from the
                                                  including MSNs 164 and 550. As also discussed in         75008, Paris, France; SIRJANCO                         United States that is subject to the
                                                  the July 13, 2015 renewal order, Sky Blue Bird           TRADING LLC, P.O. Box 8709, Dubai,                     Export Administration Regulations
                                                  Group, via Issam Shammout, was actively involved                                                                (‘‘EAR’’), or in any other activity subject
                                                  in Al Naser Airlines’ acquisition of MSNs 164 and
                                                                                                           United Arab Emirates; ALI ESLAMIAN,
                                                  550, and the attempted acquisition of MSNs 82 and        33 Cavendish Square, 4th Floor, London                 to the EAR including, but not limited to:
                                                  99 (which were detained by OEE).                         W1G0PW, United Kingdom, and 2                             A. Applying for, obtaining, or using
                                                     25 The Airbus A340s are powered by U.S.-origin
                                                                                                           Bentinck Close, Prince Albert Road St.                 any license, License Exception, or
                                                  engines that are subject to the Regulations and          Johns Wood, London NW87RY, United                      export control document;
                                                  classified under ECCN 9A991.d. The Airbus A340s
                                                  contain controlled U.S.-origin items valued at more      Kingdom; MAHAN AIR GENERAL                                B. Carrying on negotiations
                                                  than 10 percent of the total value of the aircraft and   TRADING LLC, 19th Floor Al Moosa                       concerning, or ordering, buying,
                                                  as a result are subject to the EAR regardless of the     Tower One, Sheik Zayed Road, Dubai                     receiving, using, selling, delivering,
                                                  their location. The aircraft are classified under        40594, United Arab Emirates; SKYCO                     storing, disposing of, forwarding,
                                                  ECCN 9A991.b. The export or re-export of these
                                                  aircraft to Iran requires U.S. Government                (UK) LTD., 33 Cavendish Square, 4th                    transporting, financing, or otherwise
                                                  authorization pursuant to Sections 742.8 and 746.7       Floor, London, W1G 0PV, United                         servicing in any way, any transaction
                                                  of the Regulations.                                      Kingdom; EQUIPCO (UK) LTD., 2                          involving any item exported or to be
                                                     26 There is some publically available information
                                                                                                                                                                  exported from the United States that is
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                           Bentinck Close, Prince Albert Road,
                                                  indicating that the aircraft Mahan Airways is flying                                                            subject to the EAR, or in any other
                                                  under Iranian tail number EP–MMR is now MSN
                                                                                                           London, NW8 7RY, United Kingdom;
                                                  615, rather than MSN 416. Both aircraft are Airbus       and MEHDI BAHRAMI, Mahan                               activity subject to the EAR; or
                                                  A340 aircraft that Mahan acquired from Al Naser          Airways- Istanbul Office, Cumhuriye                       C. Benefitting in any way from any
                                                  Airlines in violation of the TDO and the                 Cad. Sibil Apt No: 101 D:6, 34374                      transaction involving any item exported
                                                  Regulations. Moreover, both aircraft were
                                                  designated as SDGTs by OFAC on May 21, 2015,
                                                                                                           Emadad, Sisli Istanbul, Turkey; AL                     or to be exported from the United States
                                                  pursuant to Executive Order 13324. See 80 FR             NASER AIRLINES A/K/A AL–NASER                          that is subject to the EAR, or in any
                                                  30762 (May 29, 2015).                                    AIRLINES A/K/A ALNASER AIRLINES                        other activity subject to the EAR.


                                             VerDate Sep<11>2014    20:01 Jan 14, 2016   Jkt 238001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\15JAN1.SGM   15JAN1


                                                  2166                           Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices

                                                     Second, that no person may, directly                 Pejman Mahmood Kosarayanifard,                         Turkey (Turkey). The period of
                                                  or indirectly, do any of the following:                 Mahmoud Amini, Kerman Aviation,                        investigation is January 1, 2014, through
                                                     A. Export or reexport to or on behalf                Sirjanco Trading LLC, Ali Eslamian,                    December 31, 2014. We invite interested
                                                  of a Denied Person any item subject to                  Mahan Air General Trading LLC, Skyco                   parties to comment on this preliminary
                                                  the EAR;                                                (UK) Ltd., Equipco (UK) Ltd., Mehdi                    determination.
                                                     B. Take any action that facilitates the              Bahrami, Sky Blue Bird Group, and/or                   DATES: Effective Date: January 15, 2016.
                                                  acquisition or attempted acquisition by                 Issam Shammout may, at any time,                       FOR FURTHER INFORMATION CONTACT:
                                                  a Denied Person of the ownership,                       appeal their inclusion as a related                    Emily Halle or Gene Calvert, AD/CVD
                                                  possession, or control of any item                      person by filing a full written statement              Operations, Office VII, Enforcement and
                                                  subject to the EAR that has been or will                in support of the appeal with the Office               Compliance, International Trade
                                                  be exported from the United States,                     of the Administrative Law Judge, U.S.                  Administration, U.S. Department of
                                                  including financing or other support                    Coast Guard ALJ Docketing Center, 40                   Commerce, 14th Street and Constitution
                                                  activities related to a transaction                     South Gay Street, Baltimore, Maryland                  Avenue NW., Washington, DC 20230;
                                                  whereby a Denied Person acquires or                     21202–4022.                                            telephone (202) 482–0176, or (202) 482–
                                                  attempts to acquire such ownership,                        In accordance with the provisions of                3586, respectively.
                                                  possession or control;                                  Section 766.24(d) of the EAR, BIS may                  SUPPLEMENTARY INFORMATION:
                                                     C. Take any action to acquire from or                seek renewal of this Order by filing a
                                                  to facilitate the acquisition or attempted              written request not later than 20 days                 Scope of the Investigation
                                                  acquisition from a Denied Person of any                 before the expiration date. A renewal                    The products covered by this
                                                  item subject to the EAR that has been                   request may be opposed by Mahan                        investigation are hot-rolled steel
                                                  exported from the United States;                        Airways, Al Naser Airlines, Ali                        products from Turkey. For a complete
                                                     D. Obtain from a Denied Person in the
                                                                                                          Abdullah Alhay, and/or Bahar Safwa                     description of the scope of this
                                                  United States any item subject to the
                                                                                                          General Trading as provided in Section                 investigation, see Appendix II.
                                                  EAR with knowledge or reason to know
                                                                                                          766.24(d), by filing a written submission
                                                  that the item will be, or is intended to                                                                       Methodology
                                                                                                          with the Assistant Secretary of
                                                  be, exported from the United States; or                                                                           The Department is conducting this
                                                                                                          Commerce for Export Enforcement,
                                                     E. Engage in any transaction to service                                                                     countervailing duty (CVD) investigation
                                                                                                          which must be received not later than
                                                  any item subject to the EAR that has                                                                           in accordance with section 701 of the
                                                                                                          seven days before the expiration date of
                                                  been or will be exported from the                                                                              Tariff Act of 1930, as amended (the Act).
                                                                                                          the Order.
                                                  United States and which is owned,                                                                              For a full description of the
                                                                                                             A copy of this Order shall be provided
                                                  possessed or controlled by a Denied                                                                            methodology underlying our
                                                                                                          to Mahan Airways, Al Naser Airlines,
                                                  Person, or service any item, of whatever                                                                       preliminary conclusions, see the
                                                                                                          Ali Abdullah Alhay, and Bahar Safwa
                                                  origin, that is owned, possessed or                                                                            Preliminary Decision Memorandum. A
                                                                                                          General Trading and each related
                                                  controlled by a Denied Person if such                                                                          list of topics discussed in the
                                                                                                          person, and shall be published in the
                                                  service involves the use of any item                                                                           Preliminary Decision Memorandum is
                                                                                                          Federal Register. This Order is effective
                                                  subject to the EAR that has been or will                                                                       included as Appendix I to this notice.
                                                                                                          immediately and shall remain in effect
                                                  be exported from the United States. For                                                                        The Preliminary Decision Memorandum
                                                                                                          for 180 days.
                                                  purposes of this paragraph, servicing                                                                          is a public document and is on file
                                                  means installation, maintenance, repair,                  Dated: January 7, 2016.
                                                                                                                                                                 electronically via Enforcement and
                                                  modification or testing.                                David W. Mills,                                        Compliance’s Antidumping and
                                                     Third, that, after notice and                        Assistant Secretary of Commerce for Export             Countervailing Duty Centralized
                                                  opportunity for comment as provided in                  Enforcement.                                           Electronic Service System (ACCESS).
                                                  section 766.23 of the EAR, any other                    [FR Doc. 2016–00760 Filed 1–14–16; 8:45 am]            ACCESS is available to registered users
                                                  person, firm, corporation, or business                  BILLING CODE P                                         at http://access.trade.gov, and is
                                                  organization related to a Denied Person                                                                        available to all parties in the Central
                                                  by affiliation, ownership, control, or                                                                         Records Unit, Room B8024 of the main
                                                  position of responsibility in the conduct               DEPARTMENT OF COMMERCE                                 Department of Commerce building. In
                                                  of trade or related services may also be                                                                       addition, a complete version of the
                                                  made subject to the provisions of this                  International Trade Administration
                                                                                                                                                                 Preliminary Decision Memorandum can
                                                  Order.                                                  [C–489–827]                                            be accessed directly at http://
                                                     Fourth, that this Order does not                                                                            enforcement.trade.gov/frn/. The signed
                                                  prohibit any export, reexport, or other                 Countervailing Duty Investigation of                   Preliminary Decision Memorandum and
                                                  transaction subject to the EAR where the                Certain Hot-Rolled Steel Flat Products                 the electronic version are identical in
                                                  only items involved that are subject to                 From the Republic of Turkey:                           content.
                                                  the EAR are the foreign-produced direct                 Preliminary Negative Countervailing
                                                  product of U.S.-origin technology.                      Duty Determination and Alignment of                    Alignment
                                                     In accordance with the provisions of                 Final Determination With Final                           As noted in the Preliminary Decision
                                                  Sections 766.24(e) of the EAR, Mahan                    Antidumping Duty Determination                         Memorandum,1 in accordance with
                                                  Airways, Al Naser Airlines, Ali                                                                                section 705(a)(1) of the Act and 19 CFR
                                                  Abdullah Alhay, and/or Bahar Safwa                      AGENCY:   Enforcement and Compliance,                  351.210(b)(4), we are aligning the final
                                                  General Trading may, at any time,                       International Trade Administration,                    CVD determination in this investigation
                                                                                                          Department of Commerce.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  appeal this Order by filing a full written                                                                     with the final determination in the
                                                  statement in support of the appeal with                 SUMMARY: The Department of Commerce
                                                  the Office of the Administrative Law                    (the Department) preliminarily                           1 See Department Memorandum, ‘‘Decision

                                                  Judge, U.S. Coast Guard ALJ Docketing                   determines that de minimis                             Memorandum for the Preliminary Negative
                                                  Center, 40 South Gay Street, Baltimore,                 countervailable subsidies are being                    Countervailing Duty Determination: Countervailing
                                                                                                                                                                 Duty Investigation of Certain Hot-Rolled Steel Flat
                                                  Maryland 21202–4022. In accordance                      provided to producers and exporters of                 Products from the Republic of Turkey,’’ dated
                                                  with the provisions of Sections                         certain hot-rolled steel flat products                 concurrently with, and hereby adopted by, this
                                                  766.23(c)(2) and 766.24(e)(3) of the EAR,               (hot-rolled steel) from the Republic of                notice (Preliminary Decision Memorandum).



                                             VerDate Sep<11>2014   20:01 Jan 14, 2016   Jkt 238001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\15JAN1.SGM   15JAN1



Document Created: 2018-02-02 12:31:55
Document Modified: 2018-02-02 12:31:55
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 Citation81 FR 2161 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR