82_FR_57434 82 FR 57203 - Modification of June 27, 2017 Renewal of Temporary Denial Order

82 FR 57203 - Modification of June 27, 2017 Renewal of Temporary Denial Order

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 231 (December 4, 2017)

Page Range57203-57205
FR Document2017-25964

Federal Register, Volume 82 Issue 231 (Monday, December 4, 2017)
[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Notices]
[Pages 57203-57205]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25964]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 Modification of June 27, 2017 Renewal of Temporary Denial Order

Mahan Airways, Mahan Tower, No. 21, Azadegan St., M.A. Jenah Exp. 
Way, Tehran, Iran
Pejman Mahmood Kosarayanifard, a/k/a Kosarian Fard, P.O. Box 52404, 
Dubai, United Arab Emirates;
Mahmoud Amini, G#22 Dubai Airport Free Zone, P.O. Box 393754, Dubai, 
United Arab Emirates; and
P.O. Box 52404, Dubai, United Arab Emirates; and
Mohamed Abdulla Alqaz Building, Al Maktoum Street, Al Rigga, Dubai, 
United Arab Emirates;
Kerman Aviation, a/k/a GIE Kerman Aviation, 42 Avenue Montaigne 
75008, Paris, France
Sirjanco Trading LLC, P.O. Box 8709, Dubai, United Arab Emirates
Mahan Air General Trading LLC, 19th Floor Al Moosa Tower One, Sheik 
Zayed Road, Dubai 40594, United Arab Emirates
Mehdi Bahrami, Mahan Airways-Istanbul Office, Cumhuriye Cad. Sibil 
Apt No: 101 D:6, 34374 Emadad, Sisli Istanbul, Turkey
Al Naser Airlines, a/k/a al-Naser Airlines, a/k/a Alnaser Airlines 
and, Air Freight Ltd., Home 46, Al-Karrada, Babil Region, District 
929, St 21, Beside Al Jadirya Private Hospital, Baghdad, Iraq; and
Al Amirat Street, Section 309, St. 3/H.20, Al Mansour, Baghdad, 
Iraq; and
P.O. Box 28360, Dubai, United Arab Emirates; and
P.O. Box 911399, Amman 11191, Jordan
Ali Abdullah Alhay, a/k/a Ali Alhay, a/k/a Ali Abdullah Ahmed Alhay, 
Home 46, Al-Karrada, Babil Region, District 929, St 21, Beside Al 
Jadirya Private Hospital, Baghdad, Iraq; and
Anak Street, Qatif, Saudi Arabia 61177, Bahar Safwa General Trading, 
P.O. Box 113212, Citadel Tower, Floor-5, Office #504, Business Bay, 
Dubai, United Arab Emirates; and
P.O. Box 8709, Citadel Tower, Business Bay, Dubai, United Arab 
Emirates, Sky Blue Bird Group, a/k/a Sky Blue Bird Aviation, a/k/a 
Sky Blue Bird Ltd, a/k/a Sky Blue Bird FZC, P.O. Box 16111, Ras Al 
Khaimah Trade Zone, United Arab Emirates; and
Issam Shammout, a/k/a Muhammad Isam Muhammad Anwar Nur Shammout, a/
k/a Issam Anwar, Philips Building, 4th Floor, Al Fardous Street, 
Damascus, Syria; and
Al Kolaa, Beirut, Lebanon 151515; and
17-18 Margaret Street, 4th Floor, London, W1W 8RP, United Kingdom; 
and
Cumhuriyet Mah. Kavakli San St. Fulya, Cad. Hazar Sok. No.14/A 
Silivri, Istanbul, Turkey

    Pursuant to Section 766.24 of the Export Administration 
Regulations, 15 CFR parts 730-774 (2017) (``EAR'' or the 
``Regulations''),\1\ I hereby grant the request of the Office of Export 
Enforcement (``OEE'') to modify the order that I issued on June 27, 
2017, renewing the temporary denial order (``TDO'') in this matter 
(``June 27, 2017 TDO Renewal Order'').
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    \1\ The Regulations, currently codified at 15 CFR parts 730-774 
(2017), originally issued pursuant to the Export Administration Act 
of 1979. Since August 21, 2001, the Act has been in lapse and the 
President, through Executive Order 13222 of August 17, 2001 (3 CFR, 
2001 Comp. 783 (2002)), which has been extended by successive 
Presidential Notices, the most recent being that of August 15, 2017 
(82 FR 39,005 (August 16, 2017)), has continued the Regulations in 
effect under the International Emergency Economic Powers Act (50 
U.S.C. 1701, et seq.) (2012).
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    OEE has requested that the following parties be removed from the 
TDO:

Ali Eslamian, 33 Cavendish Square, 4th Floor, London, W1G 0PW, 
United Kingdom; and
2 Bentinck Close, Prince Albert Road, St. Johns Wood, London NW8 
7RY, United Kingdom
Equipco (UK) Ltd., 2 Bentinck Close, Prince Albert Road, St. Johns 
Wood, London, NW8 7RY, United Kingdom
Skyco (UK) Ltd., 33 Cavendish Square, 4th Floor, London, W1G 0PW, 
United Kingdom

I. Pertinent Procedural History \2\
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    \2\ The June 27, 2017 TDO Renewal Order includes a more detailed 
procedural history relating to the TDO. See 82 FR 30,823 (July 3, 
2017).
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    On March 17, 2008, Darryl W. Jackson, the then-Assistant Secretary 
of Commerce for Export Enforcement (``Assistant Secretary''), signed a 
TDO denying Mahan Airways' export privileges for a period of 180 days 
on the grounds that its issuance was necessary in the public interest 
to prevent an imminent violation of the Regulations. The TDO was issued 
ex parte pursuant to Section 766.24(a), and went into effect on March 
21, 2008, the date it was published in the Federal Register (``the 
TDO''). The TDO subsequently has been renewed in accordance with 
Section 766.24(d), including most recently on June 27, 2017.\3\ Parties 
have been added to or

[[Page 57204]]

removed from the TDO at various times in renewal orders or though 
orders modifying or amending the TDO. As part of the August 24, 2011 
TDO renewal, Ali Eslamian was added to the TDO as a related person. 
Equipco (UK) Ltd. and Skyco (UK) Ltd. were subsequently added to the 
TDO as related persons through a modification order issued and 
effective on April 9, 2012.
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    \3\ The June 27, 2017 Order was effective upon issuance and was 
published in the Federal Register on July 3, 2017 (82 FR 30,823). 
The TDO previously had been renewed by orders issued and effective 
on, respectively, September 17, 2008, March 16, 2009, September 11, 
2009, March 9, 2010, September 3, 2010, February 25, 2011, August 
24, 2011, February 15, 2012, August 9, 2012, February 4, 2013, July 
31, 2013, January 24, 2014, July 22, 2014, January 16, 2015, July 
13, 2015, January 7, 2016, July 7, 2016, December 30, 2016, and June 
27, 2017. The August 24, 2011 renewal followed a modification of the 
TDO on July 1, 2011. The July 13, 2015 renewal followed a 
modification of the TDO on May 21, 2015. Each renewal or 
modification order also was effective upon issuance and published in 
the Federal Register.
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    On June 27, 2017, I signed a renewal order denying for an 
additional 180 days the export privileges of Ali Eslamian, Equipco (UK) 
Ltd., and Skyco (UK) Ltd., as well as Mahan Airways, Pejman Mahmood 
Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco Trading LLC, 
Mahan Air General Trading LLC, Mehdi Bahrami, Al Naser Airlines, Ali 
Abdullah Alhay, Bahar Safwa General Trading, Sky Blue Bird Group, and 
Issam Shammout. See 82 FR 30,823 (July 3, 2017). On September 28, 2017, 
I issued an order (``the Settlement Order'') approving a settlement 
agreement between BIS and Ali Eslamian, Equipco (UK) Ltd., and Skyco 
(UK) Ltd. (``the Settlement Agreement''), which, inter alia, resolves 
pursuant to that Order and the Settlement Agreement an administrative 
charge against Ali Eslamian for acting contrary to the terms of the 
TDO, in violation of Section 764.2(k) of the Regulations (``the 
Charging Letter''). In doing so, I found that the requirements of 
Section 766.23 of the Regulations had been met to include Equipco (UK) 
Ltd. and Skyco (UK) Ltd., two companies owned and operated by Ali 
Eslamian, in the Settlement Order as related persons.\4\ As part of the 
approved Settlement Agreement, OEE agreed to request that I remove Ali 
Eslamian, Equipco (UK) Ltd., and Skyco (UK) Ltd from the TDO. As 
indicated above, OEE has made that request.
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    \4\ Following issuance of the Settlement Order, a copy of that 
Order, the Settlement Agreement, and the Charging Letter were posted 
on the Electronic FOIA page on BIS's Web site and can be found at 
https://efoia.bis.doc.gov/index.php/electronic-foia/index-of-documents/7-electronic-foia/227-export-violations. In addition to 
other sanctions, the Settlement Order and Settlement Agreement 
provide that Ali Eslamian, Equipco (UK) Ltd., and Skyco (UK) Ltd. 
shall be subject to a conditionally-suspended denial order for a 
period of four years from the date of that Order.
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II. Findings

    Having considered OEE's request and the record herein, I find that 
Ali Eslamian, Equipco (UK) Ltd., and Skyco (UK) Ltd. should be removed 
from the TDO. The TDO shall remain in full force and effect as to Mahan 
Airways, Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, 
Sirjanco Trading LLC, Mahan Air General Trading LLC, Mehdi Bahrami, Al 
Naser Airlines, Ali Abdullah Alhay, Bahar Safwa General Trading, Sky 
Blue Bird Group, and Issam Shammout.

III. Order

    It is therefore ordered:
    First, that MAHAN AIRWAYS, Mahan Tower, No. 21, Azadegan St., M.A. 
Jenah Exp. Way, Tehran, Iran; PEJMAN MAHMOOD KOSARAYANIFARD A/K/A 
KOSARIAN FARD, P.O. Box 52404, Dubai, United Arab Emirates; MAHMOUD 
AMINI, G#22 Dubai Airport Free Zone, P.O. Box 393754, Dubai, United 
Arab Emirates, and P.O. Box 52404, Dubai, United Arab Emirates, and 
Mohamed Abdulla Alqaz Building, Al Maktoum Street, Al Rigga, Dubai, 
United Arab Emirates; KERMAN AVIATION A/K/A GIE KERMAN AVIATION, 42 
Avenue Montaigne 75008, Paris, France; SIRJANCO TRADING LLC, P.O. Box 
8709, Dubai, United Arab Emirates; MAHAN AIR GENERAL TRADING LLC, 19th 
Floor Al Moosa Tower One, Sheik Zayed Road, Dubai 40594, United Arab 
Emirates; and MEHDI BAHRAMI, Mahan Airways--Istanbul Office, Cumhuriye 
Cad. Sibil Apt No: 101 D:6, 34374 Emadad, Sisli Istanbul, Turkey; AL 
NASER AIRLINES A/K/A AL-NASER AIRLINES A/K/A ALNASER AIRLINES AND AIR 
FREIGHT LTD., Home 46, Al-Karrada, Babil Region, District 929, St 21, 
Beside Al Jadirya Private Hospital, Baghdad, Iraq, and Al Amirat 
Street, Section 309, St. 3/H.20, Al Mansour, Baghdad, Iraq, and P.O. 
Box 28360, Dubai, United Arab Emirates, and P.O. Box 911399, Amman 
11191, Jordan; ALI ABDULLAH ALHAY A/K/A ALI ALHAY A/K/A ALI ABDULLAH 
AHMED ALHAY, Home 46, Al-Karrada, Babil Region, District 929, St 21, 
Beside Al Jadirya Private Hospital, Baghdad, Iraq, and Anak Street, 
Qatif, Saudi Arabia 61177; BAHAR SAFWA GENERAL TRADING, P.O. Box 
113212, Citadel Tower, Floor-5, Office #504, Business Bay, Dubai, 
United Arab Emirates, and P.O. Box 8709, Citadel Tower, Business Bay, 
Dubai, United Arab Emirates; SKY BLUE BIRD GROUP A/K/A SKY BLUE BIRD 
AVIATION A/K/A SKY BLUE BIRD LTD A/K/A SKY BLUE BIRD FZC, P.O. Box 
16111, Ras Al Khaimah Trade Zone, United Arab Emirates; and ISSAM 
SHAMMOUT A/K/A MUHAMMAD ISAM MUHAMMAD ANWAR NUR SHAMMOUT A/K/A ISSAM 
ANWAR, Philips Building, 4th Floor, Al Fardous Street, Damascus, Syria, 
and Al Kolaa, Beirut, Lebanon 151515, and 17-18 Margaret Street, 4th 
Floor, London, W1W 8RP, United Kingdom, and Cumhuriyet Mah. Kavakli San 
St. Fulya, Cad. Hazar Sok. No.14/A Silivri, Istanbul, Turkey, and when 
acting for or on their behalf, any successors or assigns, agents, or 
employees (each a ``Denied Person'' and collectively the ``Denied 
Persons'') may not, directly or indirectly, participate in any way in 
any transaction involving any commodity, software or technology 
(hereinafter collectively referred to as ``item'') exported or to be 
exported from the United States that is subject to the Export 
Administration Regulations (``EAR''), or in any other activity subject 
to the EAR including, but not limited to:
    A. Applying for, obtaining, or using any license, license 
exception, or export control document;
    B. Carrying on negotiations concerning, or ordering, buying, 
receiving, using, selling, delivering, storing, disposing of, 
forwarding, transporting, financing, or otherwise servicing in any way, 
any transaction involving any item exported or to be exported from the 
United States that is subject to the EAR, or engaging 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 from 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,

[[Page 57205]]

possessed or controlled by a Denied Person, or service any item, of 
whatever origin, that is owned, possessed or controlled by a Denied 
Person if such service involves the use of any item subject to the EAR 
that has been or will be exported from the United States. For purposes 
of this paragraph, servicing means installation, maintenance, repair, 
modification or testing.
    Third, that, after notice and opportunity for comment as provided 
in section 766.23 of the EAR, any other person, firm, corporation, or 
business organization related to a Denied Person by affiliation, 
ownership, control, or position of responsibility in the conduct of 
trade or related services may also be made subject to the provisions of 
this Order.
    Fourth, that this Order does not prohibit any export, reexport, or 
other transaction subject to the EAR where the only items involved that 
are subject to the EAR are the foreign-produced direct product of U.S.-
origin technology.
    In accordance with the provisions of Sections 766.24(e) of the EAR, 
Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar 
Safwa General Trading may, at any time, appeal this Order by filing a 
full written statement in support of the appeal with the Office of the 
Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 
South Gay Street, Baltimore, Maryland 21202-4022. In accordance with 
the provisions of Sections 766.23(c)(2) and 766.24(e)(3) of the EAR, 
Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco 
Trading LLC, Mahan Air General Trading LLC, Mehdi Bahrami, Sky Blue 
Bird Group, and/or Issam Shammout may, at any time, appeal their 
inclusion as a related person by filing a full written statement in 
support of the appeal with the Office of the Administrative Law Judge, 
U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, 
Maryland 21202-4022.
    In accordance with the provisions of Section 766.24(d) of the EAR, 
BIS may seek renewal of this Order by filing a written request not 
later than 20 days before the expiration date. A renewal request may be 
opposed by Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or 
Bahar Safwa General Trading as provided in Section 766.24(d), by filing 
a written submission with the Assistant Secretary of Commerce for 
Export Enforcement, which must be received not later than seven days 
before the expiration date of the Order.
    A copy of this Order shall be provided to Mahan Airways, Al Naser 
Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading and each 
related person, and shall be published in the Federal Register.
    This Order is effective immediately and shall remain in effect 
until December 26, 2017, unless renewed in accordance with Section 
766.24(d) of the Regulations.

     Dated: November 16, 2017.
Richard R. Majauskas,
Acting Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2017-25964 Filed 12-1-17; 8:45 am]
BILLING CODE P



                                                                            Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Notices                                                   57203

                                                   Agency: Bureau of Economic Analysis                  notice to OIRA Submission@                            Cumhuriyet Mah. Kavakli San St. Fulya, Cad.
                                                (BEA), Commerce.                                        omb.eop.gov or fax to (202) 395–5806.                   Hazar Sok. No.14/A Silivri, Istanbul,
                                                                                                                                                                Turkey
                                                   Title: Quarterly Survey of Foreign                   Sheleen Dumas,
                                                Direct Investment in the United States—                                                                          Pursuant to Section 766.24 of the
                                                                                                        Departmental PRA Lead, Office of the Chief
                                                Transactions of U.S. Affiliate with                                                                           Export Administration Regulations, 15
                                                                                                        Information Officer.
                                                Foreign Parent.                                                                                               CFR parts 730–774 (2017) (‘‘EAR’’ or the
                                                                                                        [FR Doc. 2017–26010 Filed 12–1–17; 8:45 am]
                                                   OMB Control Number: 0608–0009.                                                                             ‘‘Regulations’’),1 I hereby grant the
                                                                                                        BILLING CODE 3510–06–P
                                                                                                                                                              request of the Office of Export
                                                   Form Number: BE–605.                                                                                       Enforcement (‘‘OEE’’) to modify the
                                                   Type of Request: Regular submission.                                                                       order that I issued on June 27, 2017,
                                                                                                        DEPARTMENT OF COMMERCE
                                                   Number of Responses: 17,200                                                                                renewing the temporary denial order
                                                annually.                                               Bureau of Industry and Security                       (‘‘TDO’’) in this matter (‘‘June 27, 2017
                                                   Average Hours per Response: One                                                                            TDO Renewal Order’’).
                                                                                                        Modification of June 27, 2017 Renewal                    OEE has requested that the following
                                                hour is the average, but may vary
                                                                                                        of Temporary Denial Order                             parties be removed from the TDO:
                                                considerably among respondents
                                                because of differences in company size                                                                        Ali Eslamian, 33 Cavendish Square, 4th
                                                                                                        Mahan Airways, Mahan Tower, No. 21,
                                                and complexity.                                                                                                 Floor, London, W1G 0PW, United
                                                                                                           Azadegan St., M.A. Jenah Exp. Way,
                                                                                                                                                                Kingdom; and
                                                   Estimated Total Annual Burden                           Tehran, Iran
                                                                                                                                                              2 Bentinck Close, Prince Albert Road, St.
                                                Hours: 17,200.                                          Pejman Mahmood Kosarayanifard, a/k/a
                                                                                                                                                                Johns Wood, London NW8 7RY, United
                                                                                                           Kosarian Fard, P.O. Box 52404, Dubai,                Kingdom
                                                   Needs and Uses: The Quarterly                           United Arab Emirates;
                                                Survey of Foreign Direct Investment in                                                                        Equipco (UK) Ltd., 2 Bentinck Close, Prince
                                                                                                        Mahmoud Amini, G#22 Dubai Airport Free                  Albert Road, St. Johns Wood, London,
                                                the United States—Transactions of U.S.                     Zone, P.O. Box 393754, Dubai, United Arab            NW8 7RY, United Kingdom
                                                Affiliate with Foreign Parent (Form BE–                    Emirates; and                                      Skyco (UK) Ltd., 33 Cavendish Square, 4th
                                                605) obtains quarterly data on                          P.O. Box 52404, Dubai, United Arab                      Floor, London, W1G 0PW, United
                                                transactions and positions between                         Emirates; and                                        Kingdom
                                                foreign-owned U.S. business enterprises                 Mohamed Abdulla Alqaz Building, Al
                                                and their ‘‘affiliated foreign groups’’                    Maktoum Street, Al Rigga, Dubai, United            I. Pertinent Procedural History 2
                                                                                                           Arab Emirates;
                                                (i.e., their foreign parents and foreign                                                                         On March 17, 2008, Darryl W.
                                                                                                        Kerman Aviation, a/k/a GIE Kerman
                                                affiliates of their foreign parents). The                  Aviation, 42 Avenue Montaigne 75008,               Jackson, the then-Assistant Secretary of
                                                survey is a sample survey that covers all                  Paris, France                                      Commerce for Export Enforcement
                                                U.S. affiliates above a size-exemption                  Sirjanco Trading LLC, P.O. Box 8709, Dubai,           (‘‘Assistant Secretary’’), signed a TDO
                                                level. The sample data are used to                         United Arab Emirates                               denying Mahan Airways’ export
                                                derive universe estimates of direct                     Mahan Air General Trading LLC, 19th Floor             privileges for a period of 180 days on
                                                investment transactions, positions, and                    Al Moosa Tower One, Sheik Zayed Road,              the grounds that its issuance was
                                                income in nonbenchmark years from                          Dubai 40594, United Arab Emirates                  necessary in the public interest to
                                                similar data reported in the BE–12,                     Mehdi Bahrami, Mahan Airways-Istanbul
                                                                                                                                                              prevent an imminent violation of the
                                                                                                           Office, Cumhuriye Cad. Sibil Apt No: 101
                                                Benchmark Survey of Foreign Direct                                                                            Regulations. The TDO was issued ex
                                                                                                           D:6, 34374 Emadad, Sisli Istanbul, Turkey
                                                Investment in the United States, which                  Al Naser Airlines, a/k/a al-Naser Airlines, a/        parte pursuant to Section 766.24(a), and
                                                is conducted every five years and will                     k/a Alnaser Airlines and, Air Freight Ltd.,        went into effect on March 21, 2008, the
                                                next be conducted for the fiscal year                      Home 46, Al-Karrada, Babil Region,                 date it was published in the Federal
                                                ending in 2017. The data collected                         District 929, St 21, Beside Al Jadirya             Register (‘‘the TDO’’). The TDO
                                                through the BE–605 survey are essential                    Private Hospital, Baghdad, Iraq; and               subsequently has been renewed in
                                                for the preparation of the U.S.                         Al Amirat Street, Section 309, St. 3/H.20, Al         accordance with Section 766.24(d),
                                                international transactions, national                       Mansour, Baghdad, Iraq; and                        including most recently on June 27,
                                                income and product, and input-output                    P.O. Box 28360, Dubai, United Arab
                                                                                                                                                              2017.3 Parties have been added to or
                                                                                                           Emirates; and
                                                accounts and the international
                                                                                                        P.O. Box 911399, Amman 11191, Jordan
                                                investment position of the United                       Ali Abdullah Alhay, a/k/a Ali Alhay, a/k/a
                                                                                                                                                                 1 The Regulations, currently codified at 15 CFR

                                                States. The data are needed to measure                                                                        parts 730–774 (2017), originally issued pursuant to
                                                                                                           Ali Abdullah Ahmed Alhay, Home 46, Al-             the Export Administration Act of 1979. Since
                                                the size and economic significance of                      Karrada, Babil Region, District 929, St 21,        August 21, 2001, the Act has been in lapse and the
                                                foreign direct investment in the United                    Beside Al Jadirya Private Hospital,                President, through Executive Order 13222 of August
                                                States, measure changes in such                            Baghdad, Iraq; and                                 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
                                                investment, and assess its impact on the                Anak Street, Qatif, Saudi Arabia 61177,               has been extended by successive Presidential
                                                                                                           Bahar Safwa General Trading, P.O. Box              Notices, the most recent being that of August 15,
                                                U.S. economy.                                                                                                 2017 (82 FR 39,005 (August 16, 2017)), has
                                                                                                           113212, Citadel Tower, Floor-5, Office
                                                   Affected Public: Businesses or other                    #504, Business Bay, Dubai, United Arab
                                                                                                                                                              continued the Regulations in effect under the
                                                for-profit organizations.                                                                                     International Emergency Economic Powers Act (50
                                                                                                           Emirates; and                                      U.S.C. 1701, et seq.) (2012).
                                                   Frequency: Quarterly.                                P.O. Box 8709, Citadel Tower, Business Bay,              2 The June 27, 2017 TDO Renewal Order includes
                                                                                                           Dubai, United Arab Emirates, Sky Blue              a more detailed procedural history relating to the
                                                   Respondent’s Obligation: Mandatory.
                                                                                                           Bird Group, a/k/a Sky Blue Bird Aviation,          TDO. See 82 FR 30,823 (July 3, 2017).
                                                   This information collection request                     a/k/a Sky Blue Bird Ltd, a/k/a Sky Blue               3 The June 27, 2017 Order was effective upon

                                                may be viewed at www.reginfo.gov.                          Bird FZC, P.O. Box 16111, Ras Al Khaimah           issuance and was published in the Federal Register
sradovich on DSK3GMQ082PROD with NOTICES




                                                Follow the instructions to view                            Trade Zone, United Arab Emirates; and              on July 3, 2017 (82 FR 30,823). The TDO previously
                                                                                                        Issam Shammout, a/k/a Muhammad Isam                   had been renewed by orders issued and effective
                                                Department of Commerce collections                                                                            on, respectively, September 17, 2008, March 16,
                                                currently under review by OMB.                             Muhammad Anwar Nur Shammout, a/k/a
                                                                                                                                                              2009, September 11, 2009, March 9, 2010,
                                                                                                           Issam Anwar, Philips Building, 4th Floor,          September 3, 2010, February 25, 2011, August 24,
                                                   Written comments and                                    Al Fardous Street, Damascus, Syria; and            2011, February 15, 2012, August 9, 2012, February
                                                recommendations for the proposed                        Al Kolaa, Beirut, Lebanon 151515; and                 4, 2013, July 31, 2013, January 24, 2014, July 22,
                                                information collection should be sent                   17–18 Margaret Street, 4th Floor, London,             2014, January 16, 2015, July 13, 2015, January 7,
                                                within 30 days of publication of this                      W1W 8RP, United Kingdom; and                                                                 Continued




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                                                57204                       Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Notices

                                                removed from the TDO at various times                   Eslamian, Equipco (UK) Ltd., and Skyco                Philips Building, 4th Floor, Al Fardous
                                                in renewal orders or though orders                      (UK) Ltd. should be removed from the                  Street, Damascus, Syria, and Al Kolaa,
                                                modifying or amending the TDO. As                       TDO. The TDO shall remain in full force               Beirut, Lebanon 151515, and 17–18
                                                part of the August 24, 2011 TDO                         and effect as to Mahan Airways, Pejman                Margaret Street, 4th Floor, London,
                                                renewal, Ali Eslamian was added to the                  Mahmood Kosarayanifard, Mahmoud                       W1W 8RP, United Kingdom, and
                                                TDO as a related person. Equipco (UK)                   Amini, Kerman Aviation, Sirjanco                      Cumhuriyet Mah. Kavakli San St. Fulya,
                                                Ltd. and Skyco (UK) Ltd. were                           Trading LLC, Mahan Air General                        Cad. Hazar Sok. No.14/A Silivri,
                                                subsequently added to the TDO as                        Trading LLC, Mehdi Bahrami, Al Naser                  Istanbul, Turkey, and when acting for or
                                                related persons through a modification                  Airlines, Ali Abdullah Alhay, Bahar                   on their behalf, any successors or
                                                order issued and effective on April 9,                  Safwa General Trading, Sky Blue Bird                  assigns, agents, or employees (each a
                                                2012.                                                   Group, and Issam Shammout.                            ‘‘Denied Person’’ and collectively the
                                                   On June 27, 2017, I signed a renewal                                                                       ‘‘Denied Persons’’) may not, directly or
                                                                                                        III. Order
                                                order denying for an additional 180                                                                           indirectly, participate in any way in any
                                                days the export privileges of Ali                          It is therefore ordered:                           transaction involving any commodity,
                                                Eslamian, Equipco (UK) Ltd., and Skyco                     First, that MAHAN AIRWAYS, Mahan                   software or technology (hereinafter
                                                (UK) Ltd., as well as Mahan Airways,                    Tower, No. 21, Azadegan St., M.A.                     collectively referred to as ‘‘item’’)
                                                Pejman Mahmood Kosarayanifard,                          Jenah Exp. Way, Tehran, Iran; PEJMAN                  exported or to be exported from the
                                                Mahmoud Amini, Kerman Aviation,                         MAHMOOD KOSARAYANIFARD A/K/                           United States that is subject to the
                                                Sirjanco Trading LLC, Mahan Air                         A KOSARIAN FARD, P.O. Box 52404,                      Export Administration Regulations
                                                General Trading LLC, Mehdi Bahrami,                     Dubai, United Arab Emirates;                          (‘‘EAR’’), or in any other activity subject
                                                Al Naser Airlines, Ali Abdullah Alhay,                  MAHMOUD AMINI, G#22 Dubai                             to the EAR including, but not limited to:
                                                Bahar Safwa General Trading, Sky Blue                   Airport Free Zone, P.O. Box 393754,                      A. Applying for, obtaining, or using
                                                Bird Group, and Issam Shammout. See                     Dubai, United Arab Emirates, and P.O.                 any license, license exception, or export
                                                82 FR 30,823 (July 3, 2017). On                         Box 52404, Dubai, United Arab                         control document;
                                                September 28, 2017, I issued an order                   Emirates, and Mohamed Abdulla Alqaz                      B. Carrying on negotiations
                                                (‘‘the Settlement Order’’) approving a                  Building, Al Maktoum Street, Al Rigga,                concerning, or ordering, buying,
                                                settlement agreement between BIS and                    Dubai, United Arab Emirates; KERMAN                   receiving, using, selling, delivering,
                                                Ali Eslamian, Equipco (UK) Ltd., and                    AVIATION A/K/A GIE KERMAN                             storing, disposing of, forwarding,
                                                Skyco (UK) Ltd. (‘‘the Settlement                       AVIATION, 42 Avenue Montaigne                         transporting, financing, or otherwise
                                                Agreement’’), which, inter alia, resolves               75008, Paris, France; SIRJANCO                        servicing in any way, any transaction
                                                                                                        TRADING LLC, P.O. Box 8709, Dubai,                    involving any item exported or to be
                                                pursuant to that Order and the
                                                                                                        United Arab Emirates; MAHAN AIR                       exported from the United States that is
                                                Settlement Agreement an administrative
                                                                                                        GENERAL TRADING LLC, 19th Floor Al                    subject to the EAR, or engaging in any
                                                charge against Ali Eslamian for acting
                                                                                                        Moosa Tower One, Sheik Zayed Road,                    other activity subject to the EAR; or
                                                contrary to the terms of the TDO, in
                                                                                                        Dubai 40594, United Arab Emirates; and                   C. Benefitting in any way from any
                                                violation of Section 764.2(k) of the
                                                                                                        MEHDI BAHRAMI, Mahan Airways—                         transaction involving any item exported
                                                Regulations (‘‘the Charging Letter’’). In
                                                                                                        Istanbul Office, Cumhuriye Cad. Sibil                 or to be exported from the United States
                                                doing so, I found that the requirements
                                                                                                        Apt No: 101 D:6, 34374 Emadad, Sisli                  that is subject to the EAR, or from any
                                                of Section 766.23 of the Regulations had
                                                                                                        Istanbul, Turkey; AL NASER AIRLINES                   other activity subject to the EAR.
                                                been met to include Equipco (UK) Ltd.
                                                                                                        A/K/A AL–NASER AIRLINES A/K/A                            Second, that no person may, directly
                                                and Skyco (UK) Ltd., two companies                      ALNASER AIRLINES AND AIR
                                                owned and operated by Ali Eslamian, in                                                                        or indirectly, do any of the following:
                                                                                                        FREIGHT LTD., Home 46, Al-Karrada,                       A. Export or reexport to or on behalf
                                                the Settlement Order as related                         Babil Region, District 929, St 21, Beside
                                                persons.4 As part of the approved                                                                             of a Denied Person any item subject to
                                                                                                        Al Jadirya Private Hospital, Baghdad,                 the EAR;
                                                Settlement Agreement, OEE agreed to                     Iraq, and Al Amirat Street, Section 309,                 B. Take any action that facilitates the
                                                request that I remove Ali Eslamian,                     St. 3/H.20, Al Mansour, Baghdad, Iraq,                acquisition or attempted acquisition by
                                                Equipco (UK) Ltd., and Skyco (UK) Ltd                   and P.O. Box 28360, Dubai, United Arab                a Denied Person of the ownership,
                                                from the TDO. As indicated above, OEE                   Emirates, and P.O. Box 911399, Amman                  possession, or control of any item
                                                has made that request.                                  11191, Jordan; ALI ABDULLAH ALHAY                     subject to the EAR that has been or will
                                                II. Findings                                            A/K/A ALI ALHAY A/K/A ALI                             be exported from the United States,
                                                                                                        ABDULLAH AHMED ALHAY, Home                            including financing or other support
                                                   Having considered OEE’s request and
                                                                                                        46, Al-Karrada, Babil Region, District                activities related to a transaction
                                                the record herein, I find that Ali
                                                                                                        929, St 21, Beside Al Jadirya Private                 whereby a Denied Person acquires or
                                                                                                        Hospital, Baghdad, Iraq, and Anak                     attempts to acquire such ownership,
                                                2016, July 7, 2016, December 30, 2016, and June 27,
                                                2017. The August 24, 2011 renewal followed a            Street, Qatif, Saudi Arabia 61177;                    possession or control;
                                                modification of the TDO on July 1, 2011. The July       BAHAR SAFWA GENERAL TRADING,                             C. Take any action to acquire from or
                                                13, 2015 renewal followed a modification of the         P.O. Box 113212, Citadel Tower, Floor-                to facilitate the acquisition or attempted
                                                TDO on May 21, 2015. Each renewal or                    5, Office #504, Business Bay, Dubai,
                                                modification order also was effective upon issuance                                                           acquisition from a Denied Person of any
                                                and published in the Federal Register.                  United Arab Emirates, and P.O. Box                    item subject to the EAR that has been
                                                  4 Following issuance of the Settlement Order, a       8709, Citadel Tower, Business Bay,                    exported from the United States;
                                                copy of that Order, the Settlement Agreement, and       Dubai, United Arab Emirates; SKY                         D. Obtain from a Denied Person in the
                                                the Charging Letter were posted on the Electronic       BLUE BIRD GROUP A/K/A SKY BLUE
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                                                                                                                                                              United States any item subject to the
                                                FOIA page on BIS’s Web site and can be found at
                                                https://efoia.bis.doc.gov/index.php/electronic-foia/
                                                                                                        BIRD AVIATION A/K/A SKY BLUE                          EAR with knowledge or reason to know
                                                index-of-documents/7-electronic-foia/227-export-        BIRD LTD A/K/A SKY BLUE BIRD FZC,                     that the item will be, or is intended to
                                                violations. In addition to other sanctions, the         P.O. Box 16111, Ras Al Khaimah Trade                  be, exported from the United States; or
                                                Settlement Order and Settlement Agreement               Zone, United Arab Emirates; and ISSAM                    E. Engage in any transaction to service
                                                provide that Ali Eslamian, Equipco (UK) Ltd., and
                                                Skyco (UK) Ltd. shall be subject to a conditionally-
                                                                                                        SHAMMOUT A/K/A MUHAMMAD                               any item subject to the EAR that has
                                                suspended denial order for a period of four years       ISAM MUHAMMAD ANWAR NUR                               been or will be exported from the
                                                from the date of that Order.                            SHAMMOUT A/K/A ISSAM ANWAR,                           United States and which is owned,


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                                                                            Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Notices                                                  57205

                                                possessed or controlled by a Denied                     Ali Abdullah Alhay, and Bahar Safwa                   preserve the integrity of the Privacy
                                                Person, or service any item, of whatever                General Trading and each related                      Shield program. More than 2,500 U.S.-
                                                origin, that is owned, possessed or                     person, and shall be published in the                 based organizations currently rely on
                                                controlled by a Denied Person if such                   Federal Register.                                     the Privacy Shield to transfer the
                                                service involves the use of any item                      This Order is effective immediately                 personal data from Europe to the United
                                                subject to the EAR that has been or will                and shall remain in effect until                      States necessary to do business across
                                                be exported from the United States. For                 December 26, 2017, unless renewed in                  the Atlantic. Such a data transfer
                                                purposes of this paragraph, servicing                   accordance with Section 766.24(d) of                  mechanism is critically important,
                                                means installation, maintenance, repair,                the Regulations.                                      because it underpins almost $300
                                                modification or testing.                                  Dated: November 16, 2017.                           billion in digitally deliverable services
                                                   Third, that, after notice and                                                                              traded across the Atlantic each year.
                                                                                                        Richard R. Majauskas,
                                                opportunity for comment as provided in                                                                           Affected Public: Private individuals.
                                                section 766.23 of the EAR, any other                    Acting Assistant Secretary of Commerce for
                                                                                                                                                                 Frequency: Recurrent, depending on
                                                                                                        Export Enforcement.
                                                person, firm, corporation, or business                                                                        the number of arbitrators required to
                                                organization related to a Denied Person                 [FR Doc. 2017–25964 Filed 12–1–17; 8:45 am]
                                                                                                                                                              retain an active list of 20 arbitrators.
                                                by affiliation, ownership, control, or                  BILLING CODE P                                           Respondent’s Obligation: Required to
                                                position of responsibility in the conduct                                                                     obtain or retain benefits.
                                                of trade or related services may also be                                                                         This information collection request
                                                made subject to the provisions of this                  DEPARTMENT OF COMMERCE                                may be viewed at reginfo.gov. Follow
                                                Order.                                                  Submission for OMB Review;                            the instructions to view Department of
                                                   Fourth, that this Order does not                                                                           Commerce collections currently under
                                                                                                        Comment Request
                                                prohibit any export, reexport, or other                                                                       review by OMB.
                                                transaction subject to the EAR where the                   The Department of Commerce will                       Written comments and
                                                only items involved that are subject to                 submit to the Office of Management and                recommendations for the proposed
                                                the EAR are the foreign-produced direct                 Budget (OMB) for clearance the                        information collection should be sent
                                                product of U.S.-origin technology.                      following proposal for collection of                  within 30 days of publication of this
                                                   In accordance with the provisions of                 information under the provisions of the               notice to OIRA_Submission@
                                                Sections 766.24(e) of the EAR, Mahan                    Paperwork Reduction Act (44 U.S.C.                    omb.eop.gov or fax to (202) 395–5806.
                                                Airways, Al Naser Airlines, Ali                         Chapter 35).
                                                Abdullah Alhay, and/or Bahar Safwa                                                                            Sheleen Dumas,
                                                                                                           Agency: International Trade
                                                General Trading may, at any time,                       Administration.                                       Departmental PRA Lead, Office of the Chief
                                                appeal this Order by filing a full written                                                                    Information Officer.
                                                                                                           Title: Proposed Information
                                                statement in support of the appeal with                 Collection; Comment Request; EU–U.S.                  [FR Doc. 2017–26081 Filed 12–1–17; 8:45 am]
                                                the Office of the Administrative Law                    Privacy Shield; Invitation for                        BILLING CODE 3510–DS–P
                                                Judge, U.S. Coast Guard ALJ Docketing                   Applications for Inclusion on the List of
                                                Center, 40 South Gay Street, Baltimore,                 Arbitrators.
                                                Maryland 21202–4022. In accordance                         OMB Control Number: 0625–0277.                     DEPARTMENT OF COMMERCE
                                                with the provisions of Sections                            Form Number(s): None.
                                                766.23(c)(2) and 766.24(e)(3) of the EAR,                  Type of Request: Regular submission                International Trade Administration
                                                Pejman Mahmood Kosarayanifard,                          (extension of a currently approved                    [A–533–838]
                                                Mahmoud Amini, Kerman Aviation,                         information collection).
                                                Sirjanco Trading LLC, Mahan Air                            Number of Respondents: 60.                         Carbazole Violet Pigment 23 From
                                                General Trading LLC, Mehdi Bahrami,                        Average Hours per Response: 240                    India: Preliminary Results of
                                                Sky Blue Bird Group, and/or Issam                       minutes.                                              Antidumping Duty Administrative
                                                Shammout may, at any time, appeal                          Burden Hours: 240 hours.                           Review; 2015–2016
                                                their inclusion as a related person by                     Needs and Uses: Under the Privacy
                                                                                                        Shield, the U.S. Department of                        AGENCY:   Enforcement and Compliance,
                                                filing a full written statement in support                                                                    International Trade Administration,
                                                of the appeal with the Office of the                    Commerce (DOC) and the European
                                                                                                        Commission have committed to                          Department of Commerce.
                                                Administrative Law Judge, U.S. Coast
                                                                                                        implement an arbitration mechanism to                 SUMMARY: The Department of Commerce
                                                Guard ALJ Docketing Center, 40 South
                                                Gay Street, Baltimore, Maryland 21202–                  provide European individuals with the                 (the Department) is conducting an
                                                4022.                                                   ability to invoke binding arbitration to              administrative review of the
                                                   In accordance with the provisions of                 determine, for residual claims, whether               antidumping duty order on carbazole
                                                Section 766.24(d) of the EAR, BIS may                   an organization has violated its                      violet pigment 23 (CVP 23) from India.
                                                seek renewal of this Order by filing a                  obligations under the Privacy Shield.                 The period of review (POR) is December
                                                written request not later than 20 days                  The DOC and the European Commission                   1, 2015, through November 30, 2016.
                                                before the expiration date. A renewal                   will work together to implement the                   The review covers one producer/
                                                request may be opposed by Mahan                         arbitration mechanism. Consistent with                exporter of the subject merchandise,
                                                Airways, Al Naser Airlines, Ali                         applicable law, DOC and the European                  Pidilite Industries Limited (Pidilite).
                                                Abdullah Alhay, and/or Bahar Safwa                      Commission will develop a list of at                  The Department preliminarily finds that
                                                General Trading as provided in Section                  least 20 arbitrators, chosen on the basis             subject merchandise has been sold in
                                                                                                        of independence, integrity, and                       the United States at prices below normal
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                                                766.24(d), by filing a written submission
                                                with the Assistant Secretary of                         expertise. Parties to a binding                       value (NV) during the POR.
                                                Commerce for Export Enforcement,                        arbitration under this Privacy Shield                 DATES: Applicable December 4, 2017.
                                                which must be received not later than                   mechanism may only select arbitrators                 FOR FURTHER INFORMATION CONTACT:
                                                seven days before the expiration date of                from this list. The arbitral mechanism is             Irene Gorelik or George Ayache, AD/
                                                the Order.                                              a critical component of the EU–U.S.                   CVD Operations, Office VIII,
                                                   A copy of this Order shall be provided               Privacy Shield Framework and must be                  Enforcement and Compliance,
                                                to Mahan Airways, Al Naser Airlines,                    implemented as soon as possible to                    International Trade Administration,


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Document Created: 2017-12-02 00:41:32
Document Modified: 2017-12-02 00:41:32
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 57203 

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