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)

[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]
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