82_FR_46668 82 FR 46476 - Order Denying Export Privileges

82 FR 46476 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 192 (October 5, 2017)

Page Range46476-46477
FR Document2017-21474

Federal Register, Volume 82 Issue 192 (Thursday, October 5, 2017)
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46476-46477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21474]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Shantia Hassanshahi, a/k/a Shantia Hassan Shahi, 
a/k/a Shahi, a/k/a Shantia Haas, a/k/a Sean Haas, Inmate Number: 65586-
112, USP Lompoc, U.S. Penitentiary, 3901 Klein Blvd., Lompoc, CA 93436.
    On December 12, 2016, in the U.S. District Court for the District 
of Columbia, Shantia Hassanshahi, a/k/a Shantia Hassan Shahi, a/k/a 
Shahi, a/k/a Shantia Haas, a/k/a Sean Haas (``Hassanshahi'') was 
convicted of

[[Page 46477]]

violating the International Emergency Economic Powers Act (50 U.S.C. 
1701, et seq. (2012)) (``IEEPA''). Specifically, Hassanshahi was 
convicted of willfully conspiring to export and cause the exportation 
of goods and technology from Canada to Iran, as well as services 
related thereto from the United States to Iran, without having first 
obtained the required license from the U.S. Department of the 
Treasury's Office of Foreign Assets Control. Hassanshahi was sentenced 
to 12 months in prison, one year of supervised release, 100 hours of 
community service, and a $100 assessment.
    Section 766.25 of the Export Administration Regulations (``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 the Bureau of Industry and 
Security's Office of Exporter Services may revoke any Bureau of 
Industry and Security (``BIS'') licenses previously issued pursuant to 
the Export Administration Act (``EAA'' or ``the Act''), or pursuant to 
the Regulations, in which the person had an interest at the time of 
his/her conviction.
---------------------------------------------------------------------------

    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2017). The Regulations 
issued pursuant to the Export Administration Act (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 15, 2017 (82 FR 39005 (Aug. 16, 2017)), 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 Hassanshahi's conviction for violating 
the IEEPA, and has provided notice and an opportunity for Hassanshahi 
to make a written submission to BIS, as provided in Section 766.25 of 
the Regulations. BIS has not received a submission from Hassanshahi.
    Based upon my review and consultations with BIS's Office of Export 
Enforcement, including its Director, and the facts available to BIS, I 
have decided to deny Hassanshahi's export privileges under the 
Regulations for a period of five (5) years from the date of 
Hassanshahi's conviction. I have also decided to revoke all licenses 
issued pursuant to the Act or Regulations in which Hassanshahi had an 
interest at the time of his conviction.
    Accordingly, it is hereby Ordered:
    First, from the date of this Order until December 12, 2021, Shantia 
Hassanshahi, a/k/a Shantia Hassan Shahi, a/k/a Shahi, a/k/a Shantia 
Haas, a/k/a Sean Haas, with a last known address of Inmate Number: 
65586-112, USP Lompoc, U.S. Penitentiary, 3901 Klein Blvd., Lompoc, CA 
93436, 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 Hassanshahi 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, Hassanshahi 
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 Hassanshahi, and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until December 12, 2021.

     Issued this 28th day of September, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-21474 Filed 10-4-17; 8:45 am]
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                                               46476

                                               Notices                                                                                                       Federal Register
                                                                                                                                                             Vol. 82, No. 192

                                                                                                                                                             Thursday, October 5, 2017



                                               This section of the FEDERAL REGISTER                    they initiate over land-line connections                Dated: October 2, 2017.
                                               contains documents other than rules or                  to the toll-free phone number.                        David Mussatt,
                                               proposed rules that are applicable to the                  Persons with hearing impairments                   Supervisory Chief, Regional Programs Unit.
                                               public. Notices of hearings and investigations,         may also follow the discussion by first               [FR Doc. 2017–21450 Filed 10–4–17; 8:45 am]
                                               committee meetings, agency decisions and
                                               rulings, delegations of authority, filing of
                                                                                                       calling the Federal Relay Service (FRS)               BILLING CODE P
                                               petitions and applications and agency                   at 1–800–977–8339 and provide the FRS
                                               statements of organization and functions are            operator with the Conference Call Toll-
                                               examples of documents appearing in this                 Free Number: 1–800–289–0548,                          DEPARTMENT OF COMMERCE
                                               section.                                                Conference ID: 9222878. Members of the
                                                                                                       public are invited to submit written                  Foreign-Trade Zones Board
                                                                                                       comments; the comments must be
                                               COMMISSION ON CIVIL RIGHTS                              received in the regional office by                    [B–41–2017]
                                                                                                       Monday, November 6, 2017. Written
                                               Agenda and Notice of Public Meeting                     comments may be mailed to the Rocky                   Foreign-Trade Zone (FTZ) 283—West
                                               of the South Dakota Advisory                            Mountain Regional Office, U.S.                        Tennessee Area; Authorization of
                                               Committee                                               Commission on Civil Rights, 1961 Stout                Production Activity; MTD Consumer
                                                                                                       Street, Suite 13–201, Denver, CO 80294,               Group Inc.; Subzone 283A;
                                               AGENCY:   Commission on Civil Rights.                                                                         (Landscaping Equipment and Off-Road
                                                                                                       faxed to (303) 866–1050, or emailed to
                                               ACTION:   Announcement of meetings.                                                                           Utility Vehicles); Martin, Tennessee
                                                                                                       Evelyn Bohor at ebohor@usccr.gov.
                                               SUMMARY:    Notice is hereby given,                     Persons who desire additional                           On June 1, 2017, MTD Consumer
                                               pursuant to the provisions of the rules                 information may contact the Rocky                     Group Inc. submitted a notification of
                                               and regulations of the U.S. Commission                  Mountain Regional Office at (303) 866–                proposed production activity to the FTZ
                                               on Civil Rights (Commission), and the                   1040.                                                 Board for its facility within Subzone
                                               Federal Advisory Committee Act                             Records and documents discussed                    283A, in Martin, Tennessee.
                                               (FACA), that an orientation and                         during the meeting will be available for                The notification was processed in
                                               planning meeting of the South Dakota                    public viewing as they become available               accordance with the regulations of the
                                               Advisory Committee to the Commission                    at https://database.faca.gov/committee/               FTZ Board (15 CFR part 400), including
                                               will convene at 2:00 p.m. (MDT) on                      meetings.aspx?cid=274 and clicking on                 notice in the Federal Register inviting
                                               Friday, October 6, 2017, via                            the ‘‘Meeting Details’’ and ‘‘Documents’’             public comment (82 FR 27796, June 19,
                                               teleconference. The purpose of the                      links. Records generated from this                    2017). On September 29, 2017, the
                                               meeting is to discuss next steps after the              meeting may also be inspected and                     applicant was notified of the FTZ
                                               subtle racism briefing in March 2017.                   reproduced at the Rocky Mountain                      Board’s decision that no further review
                                               DATES: Friday, October 6, 2017, at 2:00                 Regional Office, as they become                       of the activity is warranted at this time.
                                               p.m. (MDT)                                              available, both before and after the                  The production activity described in the
                                               ADDRESSES: To be held via
                                                                                                       meeting. Persons interested in the work               notification was authorized, subject to
                                               teleconference:                                         of this advisory committee are advised                the FTZ Act and the FTZ Board’s
                                                  Conference Call Toll-Free Number: 1–                 to go to the Commission’s Web site,                   regulations, including Section 400.14.
                                               800–289–0548, Conference ID: 9222878.                   www.usccr.gov, or to contact the Rocky                  Dated: October 2, 2017.
                                                  TDD: Dial Federal Relay Service 1–                   Mountain Regional Office at the above
                                                                                                                                                             Andrew McGilvray,
                                               800–977–8339 and give the operator the                  phone number, email or street address.
                                                                                                                                                             Executive Secretary.
                                               above conference call number and                        Agenda                                                [FR Doc. 2017–21467 Filed 10–4–17; 8:45 am]
                                               conference ID.
                                                                                                       • Welcome and Roll-call                               BILLING CODE 3510–DS–P
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       • Brief update on Commission and
                                               David Mussatt, DFO, dmussatt@
                                                                                                         Regional Activities
                                               usccr.gov, 312–353–8311.                                                                                      DEPARTMENT OF COMMERCE
                                                                                                       • Discuss next steps after briefing held
                                               SUPPLEMENTARY INFORMATION: Members
                                                                                                         in Aberdeen, SD, on March 24, 2017                  Bureau of Industry and Security
                                               of the public may listen to the
                                                                                                         Dr. Richard Braunstein, Chair, South
                                               discussion by dialing the following                                                                           Order Denying Export Privileges
                                                                                                            Dakota Advisory Committee
                                               Conference Call Toll-Free Number: 1–
                                               800–289–0548; Conference ID: 9222878.                   • Discuss Transcript, Sample Advisory                    In the Matter of: Shantia Hassanshahi,
                                               Please be advised that before being                       Memorandums, Yankton Sioux Tribe                    a/k/a Shantia Hassan Shahi, a/k/a
                                               placed into the conference call, the                      Chairman testimony                                  Shahi, a/k/a Shantia Haas, a/k/a Sean
                                               operator will ask callers to provide their              • Adjourn                                             Haas, Inmate Number: 65586–112, USP
                                               names, their organizational affiliations                  Exceptional Circumstance: Pursuant                  Lompoc, U.S. Penitentiary, 3901 Klein
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                                               (if any), and an email address (if                      to 41 CFR 102–3.150, the notice for this              Blvd., Lompoc, CA 93436.
                                               available) prior to placing callers into                meeting is given less than 15 calendar                   On December 12, 2016, in the U.S.
                                               the conference room. Callers can expect                 days prior to the meeting because of the              District Court for the District of
                                               to incur charges for calls they initiate                exceptional circumstance that an                      Columbia, Shantia Hassanshahi, a/k/a
                                               over wireless lines, and the Commission                 administrative error caused the previous              Shantia Hassan Shahi, a/k/a Shahi,
                                               will not refund any incurred charges.                   week’s noticed meeting to be cancelled                a/k/a Shantia Haas, a/k/a Sean Haas
                                               Callers will incur no charge for calls                  and rescheduled for the current date.                 (‘‘Hassanshahi’’) was convicted of


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                                                                            Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices                                                46477

                                               violating the International Emergency                   a written submission to BIS, as provided              support activities related to a
                                               Economic Powers Act (50 U.S.C. 1701,                    in Section 766.25 of the Regulations.                 transaction whereby the Denied Person
                                               et seq. (2012)) (‘‘IEEPA’’). Specifically,              BIS has not received a submission from                acquires or attempts to acquire such
                                               Hassanshahi was convicted of willfully                  Hassanshahi.                                          ownership, possession or control;
                                               conspiring to export and cause the                         Based upon my review and
                                                                                                       consultations with BIS’s Office of                       C. Take any action to acquire from or
                                               exportation of goods and technology
                                                                                                       Export Enforcement, including its                     to facilitate the acquisition or attempted
                                               from Canada to Iran, as well as services
                                               related thereto from the United States to               Director, and the facts available to BIS,             acquisition from the Denied Person of
                                               Iran, without having first obtained the                 I have decided to deny Hassanshahi’s                  any item subject to the Regulations that
                                               required license from the U.S.                          export privileges under the Regulations               has been exported from the United
                                               Department of the Treasury’s Office of                  for a period of five (5) years from the               States;
                                               Foreign Assets Control. Hassanshahi                     date of Hassanshahi’s conviction. I have                 D. Obtain from the Denied Person in
                                               was sentenced to 12 months in prison,                   also decided to revoke all licenses                   the United States any item subject to the
                                               one year of supervised release, 100                     issued pursuant to the Act or                         Regulations with knowledge or reason
                                               hours of community service, and a $100                  Regulations in which Hassanshahi had                  to know that the item will be, or is
                                               assessment.                                             an interest at the time of his conviction.            intended to be, exported from the
                                                  Section 766.25 of the Export                            Accordingly, it is hereby Ordered:                 United States; or
                                               Administration Regulations (‘‘EAR’’ or                     First, from the date of this Order until
                                               ‘‘Regulations’’) 1 provides, in pertinent               December 12, 2021, Shantia                               E. Engage in any transaction to service
                                               part, that ‘‘[t]he Director of the Office of            Hassanshahi, a/k/a Shantia Hassan                     any item subject to the Regulations that
                                               Exporter Services, in consultation with                 Shahi, a/k/a Shahi, a/k/a Shantia Haas,               has been or will be exported from the
                                               the Director of the Office of Export                    a/k/a Sean Haas, with a last known                    United States and which is owned,
                                               Enforcement, may deny the export                        address of Inmate Number: 65586–112,                  possessed or controlled by the Denied
                                               privileges of any person who has been                   USP Lompoc, U.S. Penitentiary, 3901                   Person, or service any item, of whatever
                                               convicted of a violation of the EAA                     Klein Blvd., Lompoc, CA 93436, and                    origin, that is owned, possessed or
                                               [Export Administration Act], the EAR,                   when acting for or on his behalf, his                 controlled by the Denied Person if such
                                               or any order, license, or authorization                 successors, assigns, employees, agents                service involves the use of any item
                                               issued thereunder; any regulation,                      or representatives (‘‘the Denied                      subject to the Regulations that has been
                                               license or order issued under the                       Person’’), may not, directly or indirectly,           or will be exported from the United
                                               International Emergency Economic                        participate in any way in any                         States. For purposes of this paragraph,
                                               Powers Act (50 U.S.C. 1701–1706); 18                    transaction involving any commodity,                  servicing means installation,
                                               U.S.C. 793, 794 or 798; section 4(b) of                 software or technology (hereinafter                   maintenance, repair, modification or
                                               the Internal Security Act of 1950 (50                   collectively referred to as ‘‘item’’)                 testing.
                                               U.S.C. 783(b)); or section 38 of the Arms               exported or to be exported from the
                                               Export Control Act (22 U.S.C. 2778).’’ 15               United States that is subject to the                     Third, after notice and opportunity for
                                               CFR 766.25(a); see also Section 11(h) of                Regulations, including, but not limited               comment as provided in Section 766.23
                                               the EAA, 50 U.S.C. 4610(h). The denial                  to:                                                   of the Regulations, any other person,
                                               of export privileges under this provision                  A. Applying for, obtaining, or using               firm, corporation, or business
                                               may be for a period of up to 10 years                   any license, license exception, or export             organization related to Hassanshahi by
                                               from the date of the conviction. 15 CFR                 control document;                                     ownership, control, position of
                                               766.25(d); see also 50 U.S.C. 4610(h). In                  B. Carrying on negotiations                        responsibility, affiliation, or other
                                               addition, Section 750.8 of the                          concerning, or ordering, buying,                      connection in the conduct of trade or
                                               Regulations states that the Bureau of                   receiving, using, selling, delivering,                business may also be made subject to
                                               Industry and Security’s Office of                       storing, disposing of, forwarding,                    the provisions of this Order in order to
                                               Exporter Services may revoke any                        transporting, financing, or otherwise                 prevent evasion of this Order.
                                               Bureau of Industry and Security (‘‘BIS’’)               servicing in any way, any transaction
                                               licenses previously issued pursuant to                  involving any item exported or to be                     Fourth, in accordance with Part 756 of
                                               the Export Administration Act (‘‘EAA’’                  exported from the United States that is               the Regulations, Hassanshahi may file
                                               or ‘‘the Act’’), or pursuant to the                     subject to the Regulations, or engaging               an appeal of this Order with the Under
                                               Regulations, in which the person had an                 in any other activity subject to the                  Secretary of Commerce for Industry and
                                               interest at the time of his/her                         Regulations; or                                       Security. The appeal must be filed
                                               conviction.                                                C. Benefitting in any way from any                 within 45 days from the date of this
                                                  BIS has received notice of                           transaction involving any item exported               Order and must comply with the
                                               Hassanshahi’s conviction for violating                  or to be exported from the United States              provisions of Part 756 of the
                                               the IEEPA, and has provided notice and                  that is subject to the Regulations, or                Regulations.
                                               an opportunity for Hassanshahi to make                  from any other activity subject to the                   Fifth, a copy of this Order shall be
                                                                                                       Regulations.                                          delivered to Hassanshahi, and shall be
                                                  1 The Regulations are currently codified in the
                                                                                                          Second, no person may, directly or                 published in the Federal Register.
                                               Code of Federal Regulations at 15 CFR parts 730–        indirectly, do any of the following:
                                               774 (2017). The Regulations issued pursuant to the                                                               Sixth, this Order is effective
                                               Export Administration Act (50 U.S.C. 4601–4623             A. Export or reexport to or on behalf
                                               (Supp. III 2015) (available at http://                  of the Denied Person any item subject to              immediately and shall remain in effect
                                               uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since      the Regulations;                                      until December 12, 2021.
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                                               August 21, 2001, the Act has been in lapse and the         B. Take any action that facilitates the
                                               President, through Executive Order 13222 of August                                                              Issued this 28th day of September, 2017.
                                               17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which          acquisition or attempted acquisition by
                                                                                                                                                             Karen H. Nies-Vogel,
                                               has been extended by successive Presidential            the Denied Person of the ownership,
                                               Notices, the most recent being that of August 15,       possession, or control of any item                    Director, Office of Exporter Services.
                                               2017 (82 FR 39005 (Aug. 16, 2017)), has continued                                                             [FR Doc. 2017–21474 Filed 10–4–17; 8:45 am]
                                               the Regulations in effect under the International
                                                                                                       subject to the Regulations that has been
                                               Emergency Economic Powers Act (50 U.S.C. 1701,          or will be exported from the United                   BILLING CODE P
                                               et seq. (2012)).                                        States, including financing or other


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Document Created: 2017-10-05 00:53:59
Document Modified: 2017-10-05 00:53:59
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 46476 

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