82_FR_28592 82 FR 28473 - Order Denying Export Privileges

82 FR 28473 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 119 (June 22, 2017)

Page Range28473-28474
FR Document2017-12857

Federal Register, Volume 82 Issue 119 (Thursday, June 22, 2017)
[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Notices]
[Pages 28473-28474]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12857]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

In the Matter of Ali Reza Parsa, Inmate Number: 71600-054, Moshannon 
Valley Correctional Institution, 555 Geo Drive, Philipsburg, PA 
16866, and 518 Starboard Crescent, Waterloo, Ontario, Canada, 
N2K4G5.

    On May 20, 2016, in the U.S. District Court for the Southern 
District of New York, Ali Reza Parsa (``Parsa'') was convicted of 
violating the International Emergency Economic Powers Act (50

[[Page 28474]]

U.S.C. 1701, et seq. (2012)) (``IEEPA''). Specifically, Parsa was 
convicted of knowingly and willfully conspiring to export, reexport, 
sell and supply from the United States electronic components to 
customers located in Iran, without the required U.S. Government 
authorization. Parsa was sentenced to 36 months of imprisonment and 
ordered to pay a $100 assessment.
    Section 766.25 of the Export Administration Regulation (``EAR'' or 
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director 
of the Office of Exporter Services, in consultation with the Director 
of the Office of Export Enforcement, may deny the export privileges of 
any person who has been convicted of a violation of the EAA [Export 
Administration Act], the EAR, or any order, license, or authorization 
issued thereunder; any regulation, license or order issued under the 
International Emergency Economic Powers Act (50 U.S.C. 1701-1706); 18 
U.S.C. 793, 794 or 798; section 4(b) of the Internal Security Act of 
1950 (50 U.S.C. 783(b))[;] or section 38 of the Arms Export Control Act 
(22 U.S.C. 2778).'' 15 CFR 766.25(a); see also Section 11(h) of the 
EAA, 50 U.S.C. 4610(h). The denial of export privileges under this 
provision may be for a period of up to 10 years from the date of the 
conviction. 15 CFR 766.25(d); see also 50 U.S.C. 4610(h). In addition, 
Section 750.8 of the Regulations states that BIS's Office of Exporter 
Services may revoke any BIS licenses previously issued pursuant to the 
Export Administration Act (``EAA'' or ``the Act'') or the Regulations 
in which the person had an interest at the time of his conviction.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2016). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. 
Sec. Sec.  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 4, 2016 (81 FR 52587 (Aug. 8, 2016)), has 
continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2012)).
---------------------------------------------------------------------------

    BIS has received notice of Parsa's conviction for violating IEEPA, 
and has provided notice and an opportunity for Parsa to make a written 
submission to BIS, as provided in Section 766.25 of the Regulations. 
BIS has received a submission from Parsa.
    Based upon my review and my consultations with BIS's Office of 
Export Enforcement, including its Director, and the facts available to 
BIS, I have decided to deny Parsa's export privileges under the 
Regulations for a period of 10 years from the date of Parsa's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Parsa had an interest at the time of 
his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until May 20, 2026, Ali Reza 
Parsa, Inmate Number: 71600-054, Moshannon Valley, Correctional 
Institution, 555 Geo Drive, Philipsburg, PA 16866, and 518 Starboard 
Crescent, Waterloo, Ontario, Canada, N2K4G5, and when acting for or on 
his behalf, his successors, assigns, employees, agents or 
representatives (the ``Denied Person''), may not, directly or 
indirectly, participate in any way in any transaction involving any 
commodity, software or technology (hereinafter collectively referred to 
as ``item'') exported or to be exported from the United States that is 
subject to the Regulations, including, but not limited to:
    A. Applying for, obtaining, or using any license, license 
exception, or export control document;
    B. Carrying on negotiations concerning, or ordering, buying, 
receiving, using, selling, delivering, storing, disposing of, 
forwarding, transporting, financing, or otherwise servicing in any way, 
any transaction involving any item exported or to be exported from the 
United States that is subject to the Regulations, or engaging in any 
other activity subject to the Regulations; or
    C. Benefitting in any way from any transaction involving any item 
exported or to be exported from the United States that is subject to 
the Regulations, or from any other activity subject to the Regulations.
    Second, no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport to or on behalf of the Denied Person any item 
subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Denied Person of the ownership, possession, or 
control of any item subject to the Regulations that has been or will be 
exported from the United States, including financing or other support 
activities related to a transaction whereby the Denied Person acquires 
or attempts to acquire such ownership, possession or control;
    C. Take any action to acquire from or to facilitate the acquisition 
or attempted acquisition from the Denied Person of any item subject to 
the Regulations that has been exported from the United States;
    D. Obtain from the Denied Person in the United States any item 
subject to the Regulations with knowledge or reason to know that the 
item will be, or is intended to be, exported from the United States; or
    E. Engage in any transaction to service any item subject to the 
Regulations that has been or will be exported from the United States 
and which is owned, possessed or controlled by the Denied Person, or 
service any item, of whatever origin, that is owned, possessed or 
controlled by the Denied Person if such service involves the use of any 
item subject to the Regulations that has been or will be exported from 
the United States. For purposes of this paragraph, servicing means 
installation, maintenance, repair, modification or testing.
    Third, after notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to Parsa by ownership, control, 
position of responsibility, affiliation, or other connection in the 
conduct of trade or business may also be made subject to the provisions 
of this Order in order to prevent evasion of this Order.
    Fourth, in accordance with Part 756 of the Regulations, Parsa may 
file an appeal of this Order with the Under Secretary of Commerce for 
Industry and Security. The appeal must be filed within 45 days from the 
date of this Order and must comply with the provisions of Part 756 of 
the Regulations.
    Fifth, a copy of this Order shall be delivered to Parsa and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until May 20, 2026.

    Issued this 7th day of June, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-12857 Filed 6-21-17; 8:45 am]
 BILLING P



                                                                                         Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Notices                                                                                    28473

                                                the program manager (challenge                                              evaluated by the submitting agency and                           additional information have been
                                                manager).                                                                   typically prizes (monetary and non-                              suggested to require a PRA review as
                                                   Need and Proposed Use of the                                             monetary) are awarded to the winning                             they represent structured data requests.
                                                Information: In 2011, Federal agencies                                      entries.                                                            There are three types of additional
                                                including DOC were given prize                                                 This clearance applies to challenges                          data that may routinely be requested.
                                                authority for administering challenges                                      posted on Challenge.gov, which uses a                            These include the following:
                                                and competitions. Section 105(a) of the                                     common platform for the solicitation of
                                                                                                                                                                                                Title and/or Subject of the
                                                America Competes Act, adds Section 24                                       challenges from the public. Each agency
                                                                                                                                                                                             submission. Due to the nature of the
                                                to the Stevenson-Wydler Technology                                          designs the criteria for its solicitations
                                                                                                                                                                                             submission and evaluation processes, it
                                                Innovation Act of 1980 (15 U.S.C. 3701                                      based on the goals of the challenge and
                                                                                                                                                                                             is important that a title and/or subject
                                                et seq.) that addresses provisions for                                      the specific needs of the agency. There
                                                                                                                                                                                             be requested and submitted for each
                                                challenges and competitions with prizes                                     is no standard submission format for
                                                                                                                                                                                             submission in order to ensure the
                                                conducted by Federal agencies.                                              solution providers to follow.
                                                Challenges and competitions enable                                             We anticipate that approximately 250                          solution is correctly identified with its
                                                DOC to tap into the expertise and                                           challenges would be issued each year by                          provider.
                                                creativity of the public in new ways.                                       DOC. It is expected that other federal                              Identification of data resources. In
                                                DOC has sponsored challenges and                                            agencies will issue a similar number of                          many cases, the solution to a problem
                                                competitions in a wide variety of areas                                     challenges. There is no set schedule for                         will require the solution provider to use
                                                to increase public participation and                                        the issuance of challenges; they are                             data resources. Often, the nature of the
                                                solicit new ideas on a wide array of                                        developed and issued on an ‘‘as needs’’                          data sets will be derived from Federal
                                                topics important to the agency’s                                            basis in response to issues the federal                          data resources, such as data.gov.
                                                mission. DOC’s goal is to engage a                                          agency wishes to solve. The respondents                          Evaluations of solutions will often
                                                broader number of stakeholders who are                                      to the challenges, who are participating                         depend on the understanding of the
                                                inspired to work on some of our most                                        voluntarily, are unlikely to reply to                            selection of the data resource(s) used in
                                                pressing issues.                                                            more than one or several of the                                  the solution.
                                                   The information collected will be                                        challenges.                                                         Description of methodology. For
                                                used to understand whether the                                                 Although in previous memoranda the                            effective judging and evaluation, a
                                                participant has met the technical                                           GSA and Office of Management and                                 description of the development methods
                                                requirements for the challenge, assist in                                   Budget (OMB) described circumstances                             for the solution to the challenge will be
                                                the technical review and judging of the                                     whereby OMB approval of a PRA                                    requested. For instance, a prize may be
                                                solutions that are provided, and                                            request is not needed, program officials                         awarded to the solution of a challenge
                                                understand the impact and                                                   at DOC have identified several sets of                           to develop an algorithm that enables
                                                consequences of administering the                                           information that will typically need to                          reliable prediction of a certain event. A
                                                competition and developing solutions                                        be requested of solution providers to                            responder could submit the correct
                                                for submission. Information may be                                          enable the solutions to be adequately                            algorithm, but without the methodology,
                                                collected during the competition or after                                   evaluated by the program office issuing                          the evaluation process could not be
                                                its completion. The submissions are                                         the challenge. These requests for                                adequately performed.

                                                                                                                           ESTIMATED ANNUALIZED BURDEN TABLE
                                                                                                                                                                                                                       Average
                                                                                                                                                                                           Number of
                                                                                                                                                                          Number of                                     burden                     Total
                                                                                                     Forms                                                                               responses per
                                                                                                                                                                         respondents                                  (in hours)               burden hours
                                                                                                                                                                                           respondent                per response

                                                Individuals or Households ...............................................................................                          500                        1                    10/60               83.3
                                                Organizations ...................................................................................................                  500                        1                    10/60               83.3
                                                Businesses .......................................................................................................                 500                        1                    10/60               83.3
                                                State, territory, tribal or local governments .....................................................                                 30                        1                    10/60                  5
                                                Federal government .........................................................................................                        30                        1                    10/60                  5

                                                      Total ..........................................................................................................           1,560   ........................   ........................            255



                                                  This information collection request                                       notice to OIRA_Submission@                                       DEPARTMENT OF COMMERCE
                                                may be viewed at www.reginfo.gov.                                           omb.eop.gov or fax to (202)395–5806.
                                                Follow the instructions to view                                                                                                              Bureau of Industry and Security
                                                                                                                            Sheleen Dumas,
                                                Department of Commerce collections
                                                                                                                            Departmental PRA Lead, Office of the Chief                       Order Denying Export Privileges
                                                currently under review by OMB.
                                                                                                                            Information Officer.
                                                  Written comments and                                                                                                                       In the Matter of Ali Reza Parsa, Inmate
                                                                                                                            [FR Doc. 2017–13001 Filed 6–21–17; 8:45 am]                        Number: 71600–054, Moshannon Valley
                                                recommendations for the proposed
                                                                                                                            BILLING CODE 3510–13–P                                             Correctional Institution, 555 Geo Drive,
                                                information collection should be sent                                                                                                          Philipsburg, PA 16866, and 518 Starboard
sradovich on DSK3GMQ082PROD with NOTICES




                                                within 30 days of publication of this                                                                                                          Crescent, Waterloo, Ontario, Canada,
                                                                                                                                                                                               N2K4G5.
                                                                                                                                                                                               On May 20, 2016, in the U.S. District
                                                                                                                                                                                             Court for the Southern District of New
                                                                                                                                                                                             York, Ali Reza Parsa (‘‘Parsa’’) was
                                                                                                                                                                                             convicted of violating the International
                                                                                                                                                                                             Emergency Economic Powers Act (50


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                                                28474                         Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Notices

                                                U.S.C. 1701, et seq. (2012)) (‘‘IEEPA’’).               period of 10 years from the date of                    Regulations with knowledge or reason
                                                Specifically, Parsa was convicted of                    Parsa’s conviction. I have also decided                to know that the item will be, or is
                                                knowingly and willfully conspiring to                   to revoke all licenses issued pursuant to              intended to be, exported from the
                                                export, reexport, sell and supply from                  the Act or Regulations in which Parsa                  United States; or
                                                the United States electronic components                 had an interest at the time of his                        E. Engage in any transaction to service
                                                to customers located in Iran, without the               conviction.                                            any item subject to the Regulations that
                                                required U.S. Government                                   Accordingly, it is hereby ordered:                  has been or will be exported from the
                                                authorization. Parsa was sentenced to 36                   First, from the date of this Order until            United States and which is owned,
                                                months of imprisonment and ordered to                   May 20, 2026, Ali Reza Parsa, Inmate                   possessed or controlled by the Denied
                                                pay a $100 assessment.                                  Number: 71600–054, Moshannon                           Person, or service any item, of whatever
                                                   Section 766.25 of the Export                         Valley, Correctional Institution, 555 Geo              origin, that is owned, possessed or
                                                Administration Regulation (‘‘EAR’’ or                   Drive, Philipsburg, PA 16866, and 518                  controlled by the Denied Person if such
                                                ‘‘Regulations’’) 1 provides, in pertinent               Starboard Crescent, Waterloo, Ontario,                 service involves the use of any item
                                                part, that ‘‘[t]he Director of the Office of            Canada, N2K4G5, and when acting for                    subject to the Regulations that has been
                                                Exporter Services, in consultation with                 or on his behalf, his successors, assigns,             or will be exported from the United
                                                the Director of the Office of Export                    employees, agents or representatives                   States. For purposes of this paragraph,
                                                Enforcement, may deny the export                        (the ‘‘Denied Person’’), may not, directly             servicing means installation,
                                                privileges of any person who has been                   or indirectly, participate in any way in               maintenance, repair, modification or
                                                convicted of a violation of the EAA                     any transaction involving any                          testing.
                                                [Export Administration Act], the EAR,                   commodity, software or technology                         Third, after notice and opportunity for
                                                or any order, license, or authorization                 (hereinafter collectively referred to as               comment as provided in Section 766.23
                                                issued thereunder; any regulation,                      ‘‘item’’) exported or to be exported from              of the Regulations, any other person,
                                                license or order issued under the                       the United States that is subject to the               firm, corporation, or business
                                                International Emergency Economic                        Regulations, including, but not limited                organization related to Parsa by
                                                Powers Act (50 U.S.C. 1701–1706); 18                    to:                                                    ownership, control, position of
                                                U.S.C. 793, 794 or 798; section 4(b) of                    A. Applying for, obtaining, or using                responsibility, affiliation, or other
                                                the Internal Security Act of 1950 (50                   any license, license exception, or export              connection in the conduct of trade or
                                                U.S.C. 783(b))[;] or section 38 of the                  control document;                                      business may also be made subject to
                                                Arms Export Control Act (22 U.S.C.                         B. Carrying on negotiations                         the provisions of this Order in order to
                                                2778).’’ 15 CFR 766.25(a); see also                     concerning, or ordering, buying,                       prevent evasion of this Order.
                                                Section 11(h) of the EAA, 50 U.S.C.                     receiving, using, selling, delivering,                    Fourth, in accordance with Part 756 of
                                                4610(h). The denial of export privileges                storing, disposing of, forwarding,                     the Regulations, Parsa may file an
                                                under this provision may be for a period                transporting, financing, or otherwise                  appeal of this Order with the Under
                                                of up to 10 years from the date of the                  servicing in any way, any transaction                  Secretary of Commerce for Industry and
                                                conviction. 15 CFR 766.25(d); see also                  involving any item exported or to be                   Security. The appeal must be filed
                                                50 U.S.C. 4610(h). In addition, Section                 exported from the United States that is                within 45 days from the date of this
                                                750.8 of the Regulations states that BIS’s              subject to the Regulations, or engaging                Order and must comply with the
                                                Office of Exporter Services may revoke                  in any other activity subject to the                   provisions of Part 756 of the
                                                any BIS licenses previously issued                      Regulations; or                                        Regulations.
                                                pursuant to the Export Administration                      C. Benefitting in any way from any                     Fifth, a copy of this Order shall be
                                                Act (‘‘EAA’’ or ‘‘the Act’’) or the                     transaction involving any item exported                delivered to Parsa and shall be
                                                Regulations in which the person had an                  or to be exported from the United States               published in the Federal Register.
                                                interest at the time of his conviction.                 that is subject to the Regulations, or                    Sixth, this Order is effective
                                                   BIS has received notice of Parsa’s                   from any other activity subject to the                 immediately and shall remain in effect
                                                conviction for violating IEEPA, and has                 Regulations.                                           until May 20, 2026.
                                                provided notice and an opportunity for                     Second, no person may, directly or                    Issued this 7th day of June, 2017.
                                                Parsa to make a written submission to                   indirectly, do any of the following:                   Karen H. Nies-Vogel,
                                                BIS, as provided in Section 766.25 of                      A. Export or reexport to or on behalf               Director, Office of Exporter Services.
                                                the Regulations. BIS has received a                     of the Denied Person any item subject to               [FR Doc. 2017–12857 Filed 6–21–17; 8:45 am]
                                                submission from Parsa.                                  the Regulations;                                       BILLING P
                                                   Based upon my review and my                             B. Take any action that facilitates the
                                                consultations with BIS’s Office of                      acquisition or attempted acquisition by
                                                Export Enforcement, including its                       the Denied Person of the ownership,                    DEPARTMENT OF COMMERCE
                                                Director, and the facts available to BIS,               possession, or control of any item
                                                I have decided to deny Parsa’s export                   subject to the Regulations that has been               International Trade Administration
                                                privileges under the Regulations for a                  or will be exported from the United
                                                                                                        States, including financing or other                   Notice of 10th Annual U.S. Industry
                                                  1 The  Regulations are currently codified in the      support activities related to a                        Program at the International Atomic
                                                Code of Federal Regulations at 15 CFR parts 730–                                                               Energy Agency (IAEA) General
                                                774 (2016). The Regulations issued pursuant to the
                                                                                                        transaction whereby the Denied Person
                                                Export Administration Act (50 U.S.C. §§ 4601–4623       acquires or attempts to acquire such                   Conference
                                                (Supp. III 2015) (available at http://                  ownership, possession or control;                      AGENCY: International Trade
sradovich on DSK3GMQ082PROD with NOTICES




                                                uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since         C. Take any action to acquire from or
                                                August 21, 2001, the Act has been in lapse and the                                                             Administration, U.S. Department of
                                                                                                        to facilitate the acquisition or attempted
                                                President, through Executive Order 13222 of August                                                             Commerce.
                                                17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which          acquisition from the Denied Person of
                                                                                                                                                               ACTION: Notice.
                                                has been extended by successive Presidential            any item subject to the Regulations that
                                                Notices, the most recent being that of August 4,        has been exported from the United
                                                2016 (81 FR 52587 (Aug. 8, 2016)), has continued
                                                                                                        States;                                                Mission Description
                                                the Regulations in effect under the International
                                                Emergency Economic Powers Act (50 U.S.C. 1701,             D. Obtain from the Denied Person in                   The United States Department of
                                                et seq. (2012)).                                        the United States any item subject to the              Commerce’s (DOC) International Trade


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Document Created: 2017-06-21 23:55:48
Document Modified: 2017-06-21 23:55:48
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 Citation82 FR 28473 

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