81 FR 40655 - Ribway Airlines Company Limited, 54 Kairaba Avenue, Kanifing Municipality, WCR, The Gambia; John Edward Meadows, 50 St. Leonards Road, Bexhill on Sea, East Sussex, TN40 1JB, United Kingdom, Jeffrey John James Ashfield, 50 St. Leonards Road, Bexhill on Sea, East Sussex, TN40 1JB, United Kingdom; AC AVIATIE UK Limited, f/k/a Bin Vali Aviation Limited, 50 St. Leonard's Road, Bexhill on Sea, East Sussex, TN40 1JB, United Kingdom, Respondents; Modification of March 1, 2016 Amended Temporary Denial Order

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 81, Issue 120 (June 22, 2016)

Page Range		40655-40656
FR Document		2016-14748

Federal Register, Volume 81 Issue 120 (Wednesday, June 22, 2016)

[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40655-40656]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-14748]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

Ribway Airlines Company Limited, 54 Kairaba Avenue, Kanifing
Municipality, WCR, The Gambia; John Edward Meadows, 50 St. Leonards
Road, Bexhill on Sea, East Sussex, TN40 1JB, United Kingdom, Jeffrey
John James Ashfield, 50 St. Leonards Road, Bexhill on Sea, East Sussex,
TN40 1JB, United Kingdom; AC AVIATIE UK Limited, f/k/a Bin Vali
Aviation Limited, 50 St. Leonard's Road, Bexhill on Sea, East Sussex,
TN40 1JB, United Kingdom, Respondents; Modification of March 1, 2016
Amended Temporary Denial Order

Pursuant to Section 766.24 of the Export Administration Regulations
(the ``Regulations'' or ``EAR''),\1\ I hereby grant the request of the
Office of Export Enforcement (``OEE'') to modify the Temporary Denial
Order issued on January 19, 2016, as amended on March 1, 2016. OEE has
requested that the

[[Page 40656]]

following parties be removed from the TDO:
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\1\ The EAR are currently codified at 15 CFR parts 730-774
(2016). The EAR issued under the Export Administration Act of 1979,
as amended 50 U.S.C. 4601-4623 (Supp. III 2015) (available at http://uscode.house.gov) (``EAA'' or the ``Act''). 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)).

moreJet Ltd., 60 Brackendale Road, Bournemouth, BH8 9HZ, United
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Kingdom;

Castle Malwood, Minstead, Lyndhurst, Hampshire, SO43 7PE, United
Kingdom;

Stefan Piotr Kondak, a/k/a Stefan Peter Kondak, 150 Broadway,
Bournemouth, Dorset, BH6 4EC, United Kingdom;

60 Brackendale Road, Bournemouth, BH8 9HZ, United Kingdom;

Castle Malwood, Minstead, Lyndhurst, Hampshire, SO43 7PE, United
Kingdom.

On January 19, 2016, I signed the original TDO, denying for 180
days the export privileges of Ribway Airlines Company Limited (``Ribway
Airlines''), John Edward Meadows, Jeffrey John James Ashfield, Af-
Aviation Limited, and Andy Farmer (Af-Aviation's director). The TDO was
issued ex parte pursuant to Section 766.24(a) and went into effect upon
issuance on January 19, 2016.\2\
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\2\ The January 19, 2016 TDO was published in the Federal
Register on January 26, 2016. 81 FR 4250 (Jan. 26, 2016).
---------------------------------------------------------------------------

The TDO issued based upon evidence presented by OEE concerning an
attempt to ferry or reexport two Boeing 737 aircraft, with manufacturer
serial numbers 26444 and 26458, respectively, from Romania to Iran
without the U.S. Government authorization required by Sections 742.8
and 746.7 of the EAR.\3\ Subsequently, on March 1, 2016, I amended the
TDO by adding AC AVIATIE UK Limited, formerly known as Bin Vali
Aviation Limited, moreJet Ltd., and Stefan Piotr Kondak to the TDO as
additional respondents based upon evidence obtained by OEE subsequent
to original issuance of the TDO.\4\ The original TDO issued on January
19, 2016, and the amended TDO issued on March 1, 2016, are incorporated
herein by reference.
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\3\ Both Boeing 737s are subject to the EAR and are classified
under Export Control Classification Number (``ECCN'') 9A991.b and
are controlled for anti-terrorism reasons.
\4\ The March 1, 2016 amended TDO was published in the Federal
Register on March 9, 2016. 81 FR 12459 (March 9, 2016). The March 1,
2016 amended TDO also removed Af-Aviation Limited and Andy Farmer as
respondents.
---------------------------------------------------------------------------

Having considered OEE's request, I find that moreJet Ltd. and
Stefan Piotr Kondak should be removed from the TDO. The TDO shall
remain in full force and effect as to Ribway Airlines Company Limited,
John Edward Meadows, Jeffrey John James Ashfield, and AC AVIATIE UK
Limited.
It is therefore ordered:
First, that Ribway Airlines Company Limited, 54 Kairaba Avenue,
Kanifing Municipality, WCR, The Gambia; John Edward Meadows, 50 St.
Leonards Road, Bexhill on Sea, East Sussex, TN40 1JB, United Kingdom;
Jeffrey John James Ashfield, 50 St. Leonards Road, Bexhill on Sea, East
Sussex, TN40 1JB, United Kingdom; and AC Aviatie UK Limited, F/K/A BIN
Vali Aviation Limited, 50 St. Leonard's Road, Bexhill on Sea, East
Sussex, TN40 1JB, United Kingdom, and when acting for or on their
behalf, any successors or assigns, agents, or employees (each a
``Denied Person'' and collectively the ``Denied Persons'') may not,
directly or indirectly, participate in any way in any transaction
involving any commodity, software or technology (hereinafter
collectively referred to as ``item'') exported or to be exported from
the United States that is subject to the Export Administration
Regulations (``EAR''), or in any other activity subject to the EAR
including, but not limited to:
A. Applying for, obtaining, or using any license, License
Exception, or export control document;
B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the EAR, or in any other activity
subject to the EAR; or
C. Benefitting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the EAR, or in any other activity subject to the EAR.
Second, that no person may, directly or indirectly, do any of the
following:
A. Export or reexport to or on behalf of a Denied Person any item
subject to the EAR;
B. Take any action that facilitates the acquisition or attempted
acquisition by a Denied Person of the ownership, possession, or control
of any item subject to the EAR that has been or will be exported from
the United States, including financing or other support activities
related to a transaction whereby a Denied Person acquires or attempts
to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from a Denied Person of any item subject to
the EAR that has been exported from the United States;
D. Obtain from a Denied Person in the United States any item
subject to the EAR with knowledge or reason to know that the item will
be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the EAR
that has been or will be exported from the United States and which is
owned, possessed or controlled by a Denied Person, or service any item,
of whatever origin, that is owned, possessed or controlled by a Denied
Person if such service involves the use of any item subject to the EAR
that has been or will be exported from the United States. For purposes
of this paragraph, servicing means installation, maintenance, repair,
modification or testing.
Third, that, after notice and opportunity for comment as provided
in section 766.23 of the EAR, any other person, firm, corporation, or
business organization related to a Denied Person by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services may also be made subject to the provisions of
this Order.
In accordance with the provisions of Section 766.24(e) of the EAR,
the Respondents 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 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. The Respondents may
oppose a request to renew this Order by filing a written submission
with the Assistant Secretary 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 served on Ribway Airlines Company
Limited, John Edward Meadows, Jeffrey John James Ashfield, AC Aviatie
UK Limited, moreJet Ltd., and Stefan Piotr Kondak, and shall be
published in the Federal Register.
This Order is effective immediately and shall remain in effect
until July 17, 2016, unless renewed in accordance with Section
766.24(d) of the Regulations.

Dated: June 15, 2016.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2016-14748 Filed 6-21-16; 8:45 am]
BILLING CODE P

Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices 40655

part, that ‘‘[t]he Director of the Office of A. Applying for, obtaining, or using responsibility, affiliation, or other
Exporter Services, in consultation with any license, License Exception, or connection in the conduct of trade or
the Director of the Office of Export export control document; business may also be made subject to
Enforcement, may deny the export B. Carrying on negotiations the provisions of this Order in order to
privileges of any person who has been concerning, or ordering, buying, prevent evasion of this Order.
convicted of a violation of the Export receiving, using, selling, delivering, Fourth, in accordance with Part 756 of
Administration Act (‘‘EAA’’), the EAR, storing, disposing of, forwarding, the Regulations, Cocchiola may file an
or any order, license or authorization transporting, financing, or otherwise appeal of this Order with the Under
issued thereunder; any regulation, servicing in any way, any transaction Secretary of Commerce for Industry and
license, or order issued under the involving any item exported or to be Security. The appeal must be filed
International Emergency Economic exported from the United States that is within 45 days from the date of this
Powers Act (50 U.S.C. 1701–1706); 18 subject to the Regulations, or in any Order and must comply with the
U.S.C. 793, 794 or 798; section 4(b) of other activity subject to the Regulations; provisions of Part 756 of the
the Internal Security Act of 1950 (50 or Regulations.
U.S.C. 783(b)), or section 38 of the Arms C. Benefitting in any way from any Fifth, a copy of this Order shall be
Export Control Act (22 U.S.C. 2778).’’ 15 transaction involving any item exported delivered to the Cocchiola. This Order
CFR 766.25(a); see also Section 11(h) of or to be exported from the United States shall be published in the Federal
the EAA, 50 U.S.C. 4610(h). The denial that is subject to the Regulations, or in Register.
of export privileges under this provision any other activity subject to the Sixth, this Order is effective
may be for a period of up to 10 years Regulations. immediately and shall remain in effect
from the date of the conviction. 15 CFR Second, no person may, directly or until August 19, 2019.
766.25(d); see also 50 U.S.C. 4610(h). In indirectly, do any of the following:
A. Export or reexport to or on behalf Issued this 15 day of June 2016.
addition, Section 750.8 of the
Regulations states that the Bureau of of the Denied Person any item subject to Karen H. Nies-Vogel,
Industry and Security’s Office of the Regulations; Director, Office of Exporter Services.
Exporter Services may revoke any B. Take any action that facilitates the [FR Doc. 2016–14746 Filed 6–21–16; 8:45 am]
Bureau of Industry and Security (‘‘BIS’’) acquisition or attempted acquisition by BILLING CODE P
licenses previously issued in which the the Denied Person of the ownership,
person had an interest in at the time of possession, or control of any item
his conviction. subject to the Regulations that has been DEPARTMENT OF COMMERCE
BIS has received notice of Cocchiola’s or will be exported from the United
conviction for violating the AECA, and States, including financing or other Bureau of Industry and Security
has provided notice and an opportunity support activities related to a
transaction whereby the Denied Person Ribway Airlines Company Limited, 54
for Cocchiola to make a written
acquires or attempts to acquire such Kairaba Avenue, Kanifing Municipality,
submission to BIS, as provided in
ownership, possession or control; WCR, The Gambia; John Edward
Section 766.25 of the Regulations. BIS
has not received a submission from C. Take any action to acquire from or Meadows, 50 St. Leonards Road,
Cocchiola. to facilitate the acquisition or attempted Bexhill on Sea, East Sussex, TN40 1JB,
Based upon my review and acquisition from the Denied Person of United Kingdom, Jeffrey John James
consultations with BIS’s Office of any item subject to the Regulations that Ashfield, 50 St. Leonards Road, Bexhill
Export Enforcement, including its has been exported from the United on Sea, East Sussex, TN40 1JB, United
Director, and the facts available to BIS, States; Kingdom; AC AVIATIE UK Limited, f/k/
I have decided to deny Cocchiola’s D. Obtain from the Denied Person in a Bin Vali Aviation Limited, 50 St.
export privileges under the Regulations the United States any item subject to the Leonard’s Road, Bexhill on Sea, East
for a period of five (5) years from the Regulations with knowledge or reason Sussex, TN40 1JB, United Kingdom,
date of Cocchiola’s conviction. I have to know that the item will be, or is Respondents; Modification of March 1,
also decided to revoke all licenses intended to be, exported from the 2016 Amended Temporary Denial
issued pursuant to the Act or United States; or Order
Regulations in which Cocchiola had an E. Engage in any transaction to service
Pursuant to Section 766.24 of the
interest at the time of his conviction. any item subject to the Regulations that
Export Administration Regulations (the
Accordingly, it is hereby ordered: has been or will be exported from the
‘‘Regulations’’ or ‘‘EAR’’),1 I hereby
First, from the date of this Order until United States and which is owned,
grant the request of the Office of Export
August 19, 2019, Jose Orence Cocchiola, possessed or controlled by the Denied
Enforcement (‘‘OEE’’) to modify the
with a last known address of Register Person, or service any item, of whatever
Temporary Denial Order issued on
Number: 02247–104, McRae origin, that is owned, possessed or
January 19, 2016, as amended on March
Correctional Institution, P.O. Drawer controlled by the Denied Person if such
1, 2016. OEE has requested that the
55030, McRae Helena, GA 31055, and service involves the use of any item
when acting for or on his behalf, his subject to the Regulations that has been 1 The EAR are currently codified at 15 CFR parts
successors, assigns, employees, agents or will be exported from the United 730–774 (2016). The EAR issued under the Export
or representatives (the ‘‘Denied States. For purposes of this paragraph, Administration Act of 1979, as amended 50 U.S.C.
Person’’), may not, directly or indirectly, servicing means installation, 4601–4623 (Supp. III 2015) (available at http://
participate in any way in any maintenance, repair, modification or uscode.house.gov) (‘‘EAA’’ or the ‘‘Act’’). Since
mstockstill on DSK3G9T082PROD with NOTICES

August 21, 2001, the Act has been in lapse and the
transaction involving any commodity, testing. President, through Executive Order 13222 of August
software or technology (hereinafter Third, after notice and opportunity for 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
collectively referred to as ‘‘item’’) comment as provided in Section 766.23 has been extended by successive Presidential
exported or to be exported from the of the Regulations, any other person, Notices, the most recent being that of August 7,
2015 (80 FR 48,223 (Aug. 11, 2015)), has continued
United States that is subject to the firm, corporation, or business the Regulations in effect under the International
Regulations, including, but not limited organization related to Cocchiola by Emergency Economic Powers Act (50 U.S.C. 1701,
to: ownership, control, position of et seq. (2006 & Supp. IV 2010)).

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40656 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices

following parties be removed from the First, that Ribway Airlines Company E. Engage in any transaction to service
TDO: Limited, 54 Kairaba Avenue, Kanifing any item subject to the EAR that has
moreJet Ltd., 60 Brackendale Road, Municipality, WCR, The Gambia; John been or will be exported from the
Bournemouth, BH8 9HZ, United Edward Meadows, 50 St. Leonards United States and which is owned,
Kingdom; Road, Bexhill on Sea, East Sussex, TN40 possessed or controlled by a Denied
Castle Malwood, Minstead, Lyndhurst, 1JB, United Kingdom; Jeffrey John James Person, or service any item, of whatever
Hampshire, SO43 7PE, United Ashfield, 50 St. Leonards Road, Bexhill origin, that is owned, possessed or
Kingdom; on Sea, East Sussex, TN40 1JB, United controlled by a Denied Person if such
Stefan Piotr Kondak, a/k/a Stefan Peter Kingdom; and AC Aviatie UK Limited, service involves the use of any item
Kondak, 150 Broadway, F/K/A BIN Vali Aviation Limited, 50 St. subject to the EAR that has been or will
Bournemouth, Dorset, BH6 4EC, Leonard’s Road, Bexhill on Sea, East
be exported from the United States. For
United Kingdom; Sussex, TN40 1JB, United Kingdom, and
when acting for or on their behalf, any purposes of this paragraph, servicing
60 Brackendale Road, Bournemouth, means installation, maintenance, repair,
successors or assigns, agents, or
BH8 9HZ, United Kingdom; modification or testing.
employees (each a ‘‘Denied Person’’ and
Castle Malwood, Minstead, Lyndhurst, collectively the ‘‘Denied Persons’’) may Third, that, after notice and
Hampshire, SO43 7PE, United not, directly or indirectly, participate in opportunity for comment as provided in
Kingdom. any way in any transaction involving section 766.23 of the EAR, any other
On January 19, 2016, I signed the any commodity, software or technology person, firm, corporation, or business
original TDO, denying for 180 days the (hereinafter collectively referred to as organization related to a Denied Person
export privileges of Ribway Airlines ‘‘item’’) exported or to be exported from by affiliation, ownership, control, or
Company Limited (‘‘Ribway Airlines’’), the United States that is subject to the position of responsibility in the conduct
John Edward Meadows, Jeffrey John Export Administration Regulations
James Ashfield, Af-Aviation Limited, of trade or related services may also be
(‘‘EAR’’), or in any other activity subject made subject to the provisions of this
and Andy Farmer (Af-Aviation’s to the EAR including, but not limited to:
director). The TDO was issued ex parte Order.
A. Applying for, obtaining, or using
pursuant to Section 766.24(a) and went any license, License Exception, or In accordance with the provisions of
into effect upon issuance on January 19, export control document; Section 766.24(e) of the EAR, the
2016.2 B. Carrying on negotiations Respondents may, at any time, appeal
The TDO issued based upon evidence concerning, or ordering, buying, this Order by filing a full written
presented by OEE concerning an receiving, using, selling, delivering, statement in support of the appeal with
attempt to ferry or reexport two Boeing storing, disposing of, forwarding, the Office of the Administrative Law
737 aircraft, with manufacturer serial transporting, financing, or otherwise Judge, U.S. Coast Guard ALJ Docketing
numbers 26444 and 26458, respectively, servicing in any way, any transaction Center, 40 South Gay Street, Baltimore,
from Romania to Iran without the U.S. involving any item exported or to be Maryland 21202–4022.
Government authorization required by exported from the United States that is
Sections 742.8 and 746.7 of the EAR.3 In accordance with the provisions of
subject to the EAR, or in any other
Subsequently, on March 1, 2016, I Section 766.24(d) of the EAR, BIS may
activity subject to the EAR; or
amended the TDO by adding AC C. Benefitting in any way from any seek renewal of this Order by filing a
AVIATIE UK Limited, formerly known transaction involving any item exported written request not later than 20 days
as Bin Vali Aviation Limited, moreJet or to be exported from the United States before the expiration date. The
Ltd., and Stefan Piotr Kondak to the that is subject to the EAR, or in any Respondents may oppose a request to
TDO as additional respondents based other activity subject to the EAR. renew this Order by filing a written
upon evidence obtained by OEE Second, that no person may, directly submission with the Assistant Secretary
subsequent to original issuance of the or indirectly, do any of the following: for Export Enforcement, which must be
TDO.4 The original TDO issued on A. Export or reexport to or on behalf received not later than seven days
January 19, 2016, and the amended TDO of a Denied Person any item subject to before the expiration date of the Order.
issued on March 1, 2016, are the EAR;
A copy of this Order shall be served
incorporated herein by reference. B. Take any action that facilitates the
Having considered OEE’s request, I acquisition or attempted acquisition by on Ribway Airlines Company Limited,
find that moreJet Ltd. and Stefan Piotr a Denied Person of the ownership, John Edward Meadows, Jeffrey John
Kondak should be removed from the possession, or control of any item James Ashfield, AC Aviatie UK Limited,
TDO. The TDO shall remain in full force subject to the EAR that has been or will moreJet Ltd., and Stefan Piotr Kondak,
and effect as to Ribway Airlines be exported from the United States, and shall be published in the Federal
Company Limited, John Edward including financing or other support Register.
Meadows, Jeffrey John James Ashfield, activities related to a transaction This Order is effective immediately
and AC AVIATIE UK Limited. whereby a Denied Person acquires or and shall remain in effect until July 17,
It is therefore ordered: attempts to acquire such ownership, 2016, unless renewed in accordance
possession or control; with Section 766.24(d) of the
2 The January 19, 2016 TDO was published in the
C. Take any action to acquire from or Regulations.
Federal Register on January 26, 2016. 81 FR 4250 to facilitate the acquisition or attempted
(Jan. 26, 2016). Dated: June 15, 2016.
acquisition from a Denied Person of any
mstockstill on DSK3G9T082PROD with NOTICES

3 Both Boeing 737s are subject to the EAR and are

classified under Export Control Classification item subject to the EAR that has been David W. Mills,
Number (‘‘ECCN’’) 9A991.b and are controlled for exported from the United States; Assistant Secretary of Commerce for Export
anti-terrorism reasons. D. Obtain from a Denied Person in the Enforcement.
4 The March 1, 2016 amended TDO was
United States any item subject to the [FR Doc. 2016–14748 Filed 6–21–16; 8:45 am]
published in the Federal Register on March 9, 2016.
81 FR 12459 (March 9, 2016). The March 1, 2016
EAR with knowledge or reason to know BILLING CODE P
amended TDO also removed Af-Aviation Limited that the item will be, or is intended to
and Andy Farmer as respondents. be, exported from the United States; or

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Document Created: 2016-06-22 01:06:07
Document Modified: 2016-06-22 01:06:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 40655

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 81, Issue 120 (June 22, 2016)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security