82 FR 61745 - Order Renewing Order Temporarily Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 249 (December 29, 2017)

Page Range		61745-61751
FR Document		2017-28113

Federal Register, Volume 82 Issue 249 (Friday, December 29, 2017)

[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)]
[Notices]
[Pages 61745-61751]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-28113]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

Order Renewing Order Temporarily Denying Export Privileges

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 Al Naser Wings
Airline, 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, PO Box 113212 Citadel Tower, Floor-5,
Office #504, Business Bay, Dubai, United Arab Emirates; and
PO 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;

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

Order Renewing Order Temporarily Denying Export Privileges

Pursuant to Section 766.24 of the Export Administration
Regulations, 15 CFR parts 730-774 (2016) (``EAR'' or ``the
Regulations''),\1\ I hereby grant the request of the Office of Export
Enforcement (``OEE'') to renew the temporary denial order issued in
this matter on June 27, 2017, as recently modified on November 16,
2017. I find that renewal of this order, as recently modified, is
necessary in the public interest to prevent an imminent violation of
the EAR. I also find it necessary in connection with this renewal to
add ``Al Naser Wings Airline'' as an alias being used by respondent Al
Naser Airlines.
---------------------------------------------------------------------------

\1\ The Regulations, currently codified at 15 CFR parts 730-774
(2017), originally issued pursuant to the Export Administration Act
of 1979 (``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 39,005 (Aug. 16, 2017)) has continued
the Regulations in effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2012)).
---------------------------------------------------------------------------

I. Procedural History

On March 17, 2008, Darryl W. Jackson, the then-Assistant Secretary
of Commerce for Export Enforcement (``Assistant Secretary''), signed an
order denying Mahan Airways' export privileges for a period of 180 days
on the ground that issuance of the order was necessary in the public
interest to prevent an imminent violation of the Regulations. The order
also named as denied persons Blue Airways, of Yerevan, Armenia (``Blue
Airways of Armenia''), as well as the ``Balli Group Respondents,''
namely, Balli Group PLC, Balli Aviation, Balli Holdings, Vahid
Alaghband, Hassan Alaghband, Blue Sky One Ltd., Blue Sky Two Ltd., Blue
Sky Three Ltd., Blue Sky Four Ltd., Blue Sky Five Ltd., and Blue Sky
Six Ltd., all of the United Kingdom. The order was issued ex parte
pursuant to Section 766.24(a) of the Regulations, and went into effect
on March 21, 2008, the date it was published in the Federal Register.
This temporary denial order (``TDO'') was renewed in accordance
with Section 766.24(d) of the Regulations.\2\

[[Page 61746]]

Subsequent renewals also have issued pursuant to Section 766.24(d),
including most recently on June 27, 2017.\3\ Some of the renewal orders
and the modification orders that have issued between renewals have
added certain parties as respondents or as related persons, or effected
the removal of certain parties.\4\
---------------------------------------------------------------------------

\2\ Section 766.24(d) provides that BIS may seek renewal of a
temporary denial order for additional 180-day renewal periods, if it
believes that renewal is necessary in the public interest to prevent
an imminent violation. Renewal requests are to be made in writing no
later than 20 days before the scheduled expiration date of a
temporary denial order. Renewal requests may include discussion of
any additional or changed circumstances, and may seek appropriate
modifications to the order, including the addition of parties as
respondents or related persons, or the removal of parties previously
added as respondents or related persons. BIS is not required to seek
renewal as to all parties, and a removal of a party can be effected
if, without more, BIS does not seek renewal as to that party. Any
party included or added to a temporary denial order as a respondent
may oppose a renewal request as set forth in Section 766.24(d).
Parties included or added as related persons can at any time appeal
their inclusion as a related person, but cannot challenge the
underlying temporary denial order, either as initially issued or
subsequently renewed, and cannot oppose a renewal request. See also
note 4, infra.
\3\ The June 27, 2017 renewal order was effective upon issuance
and published in the Federal Register on July 3, 2017 (82 FR
30,823). Prior renewal orders issued on 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, and December 30, 2016, respectively. The August 24, 2011
renewal followed the issuance of a modification order that issued on
July 1, 2011, to add Zarand Aviation as a respondent. The July 13,
2015 renewal followed a modification order that issued May 21, 2015,
and added Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa
General Trading as respondents. Each of the renewal orders and each
of the modification orders referenced in this footnote or elsewhere
in this order has been published in the Federal Register.
\4\ Pursuant to Sections 766.23 and 766.24(c) of the
Regulations, any 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 be added as a ``related person'' to a temporary denial
order to prevent evasion of the order.
---------------------------------------------------------------------------

The September 11, 2009 renewal order continued the denial order as
to Mahan Airways, but not as to the Balli Group Respondents or Blue
Airways of Armenia.\5\ As part of the February 25, 2011 renewal order,
Pejman Mahmood Kosarayanifard (a/k/a Kosarian Fard), Mahmoud Amini, and
Gatewick LLC (a/k/a Gatewick Freight and Cargo Services, a/k/a Gatewick
Aviation Services) were added as related persons to prevent evasion of
the TDO.\6\ A modification order issued on July 1, 2011, adding Zarand
Aviation as a respondent in order to prevent an imminent violation.\7\
---------------------------------------------------------------------------

\5\ Balli Group PLC and Balli Aviation settled proposed BIS
administrative charges as part of a settlement agreement that was
approved by a settlement order issued on February 5, 2010. The
sanctions imposed pursuant to that settlement and order included,
inter alia, a $15 million civil penalty and a requirement to conduct
five external audits and submit related audit reports. The Balli
Group Respondents also settled related charges with the Department
of Justice and the Treasury Department's Office of Foreign Assets
Control.
\6\ See note 4, supra, concerning the addition of related
persons to a temporary denial order. Kosarian Fard and Mahmoud Amini
remain parties to the TDO. On August 13, 2014, BIS and Gatewick
resolved administrative charges against Gatewick, including a charge
for acting contrary to the terms of a BIS denial order (15 CFR
764.2(k)). In addition to the payment of a civil penalty, the
settlement includes a seven-year denial order. The first two years
of the denial period were active, with the remaining five years
suspended conditioned upon Gatewick's full and timely payment of the
civil penalty and its compliance with the Regulations during the
seven-year denial order period. This denial order, in effect,
superseded the TDO as to Gatewick, which was not included as part of
the January 16, 2015 renewal order. The Gatewick LLC Final Order was
published in the Federal Register on August 20, 2014. See 79 FR
49283 (Aug. 20, 2014).
\7\ Zarand Aviation's export privileges remained denied until
July 22, 2014, when it was not included as part of the renewal order
issued on that date.
---------------------------------------------------------------------------

As part of the August 24, 2011 renewal, Kerman Aviation, Sirjanco
Trading LLC, and Ali Eslamian were added as related persons. Mahan Air
General Trading LLC, Equipco (UK) Ltd., and Skyco (UK) Ltd. were added
as related persons by a modification order issued on April 9, 2012.
Mehdi Bahrami was added as a related person as part of the February 4,
2013 renewal order.
On May 21, 2015, a modification order issued adding Al Naser
Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading as
respondents. As detailed in that order and discussed further infra,
these respondents were added to the TDO based upon evidence that they
were acting together to, inter alia, obtain aircraft subject to the
Regulations for export or reexport to Mahan in violation of the
Regulations and the TDO. Sky Blue Bird Group and its chief executive
officer, Issam Shammout, were added as related persons as part of the
July 13, 2015 renewal order.\8\
---------------------------------------------------------------------------

\8\ The U.S. Department of the Treasury's Office of Foreign
Assets Control (``OFAC'') designated Sky Blue Bird and Issam
Shammout as Specially Designated Global Terrorists (``SDGTs'') on
May 21, 2015, pursuant to Executive Order 13324, for ``providing
support to Iran's Mahan Air.'' See 80 FR 30762 (May 29, 2015).
---------------------------------------------------------------------------

The June 27, 2017 renewal order continued the denial of the export
privileges of 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, as well as
Ali Eslamian, Equipco (UK) Ltd., and Skyco (UK) Ltd. On November 16,
2017, a modification order issued to remove Eslamian, Equipco, and
Skyco following a request by OEE for their removal.\9\
---------------------------------------------------------------------------

\9\ The November 16, 2017 modification was published in the
Federal Register on December 4, 2017. See 82 FR 57,203 (Dec. 4,
2017). On September 28, 2017, BIS and Ali Eslamian resolved an
administrative charge for acting contrary to the terms of the denial
order (15 CFR 764.2(k)) that was based upon Eslamian's violation of
the TDO after his addition to the TDO on August 24, 2011. Equipco
(UK) Ltd. and Skyco (UK) Ltd., two companies owned and operated by
Eslamian, also were parties to settlement agreement and were added
to the settlement order as related persons. In addition to other
sanctions, the settlement provides that Eslamian, Equipco, and Skyco
shall be subject to a conditionally-suspended denial order for a
period of four years from the date of the settlement order.
---------------------------------------------------------------------------

On November 28, 2017, BIS, through OEE, submitted a written request
for renewal of the TDO that issued on June 27, 2017, as modified on
November 16, 2017. The written request was made more than 20 days
before the TDO's scheduled expiration. Notice of the renewal request
was provided to Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay,
and Bahar Safwa General Trading in accordance with Sections 766.5 and
766.24(d) of the Regulations. No opposition to the renewal of the TDO
has been received. Furthermore, no appeal of the related person
determinations made as part of the September 3, 2010, February 25,
2011, August 24, 2011, April 9, 2012, February 4, 2013, and July 13,
2015 renewal or modification orders has been made by Kosarian Fard,
Mahmoud Amini, Kerman Aviation, Sirjanco Trading LLC, Mahan Air General
Trading LLC, Mehdi Bahrami, Sky Blue Bird Group, or Issam Shammout.\10\
---------------------------------------------------------------------------

\10\ A party named or added as a related person may not oppose
the issuance or renewal of the underlying temporary denial order,
but may file an appeal of the related person determination in
accordance with Section 766.23(c). See also note 2, supra.
---------------------------------------------------------------------------

II. Renewal of the TDO

A. Legal Standard

Pursuant to Section 766.24, BIS may issue or renew an order
temporarily denying a respondent's export privileges upon a showing
that the order is necessary in the public interest to prevent an
``imminent violation'' of the Regulations. 15 CFR 766.24(b)(1) and
766.24(d). ``A violation may be `imminent' either in time or degree of
likelihood.'' 15 CFR 766.24(b)(3). BIS may show ``either that a
violation is about to occur, or that the general circumstances of the
matter under investigation or case under criminal or administrative
charges demonstrate a likelihood of future violations.'' Id. As to the
likelihood of future violations, BIS may show that the violation under
investigation or charge ``is significant,

[[Page 61747]]

deliberate, covert and/or likely to occur again, rather than technical
or negligent [.]'' Id. A ``lack of information establishing the precise
time a violation may occur does not preclude a finding that a violation
is imminent, so long as there is sufficient reason to believe the
likelihood of a violation.'' Id.

B. The TDO and BIS's Request for Renewal

OEE's request for renewal is based upon the facts underlying the
issuance of the initial TDO, and the renewal and modification orders
subsequently issued in this matter, including the May 21, 2015
modification order and the renewal order issued on June 27, 2017, and
the evidence developed over the course of this investigation, which
indicate a blatant disregard of U.S. export controls and the TDO. The
initial TDO was issued as a result of evidence that showed that Mahan
Airways and other parties engaged in conduct prohibited by the EAR by
knowingly re-exporting to Iran three U.S.-origin aircraft, specifically
Boeing 747s (``Aircraft 1-3''), items subject to the EAR and classified
under Export Control Classification Number (``ECCN'') 9A991.b, without
the required U.S. Government authorization. Further evidence submitted
by BIS indicated that Mahan Airways was involved in the attempted re-
export of three additional U.S.-origin Boeing 747s (``Aircraft 4-6'')
to Iran.
As discussed in the September 17, 2008 renewal order, evidence
presented by BIS indicated that Aircraft 1-3 continued to be flown on
Mahan Airways' routes after issuance of the TDO, in violation of the
Regulations and the TDO itself.\11\ It also showed that Aircraft 1-3
had been flown in further violation of the Regulations and the TDO on
the routes of Iran Air, an Iranian Government airline. Moreover, as
discussed in the March 16, 2009, September 11, 2009 and March 9, 2010
renewal orders, Mahan Airways registered Aircraft 1-3 in Iran, obtained
Iranian tail numbers for them (EP-MNA, EP-MNB, and EP-MNE,
respectively), and continued to operate at least two of them in
violation of the Regulations and the TDO,\12\ while also committing an
additional knowing and willful violation when it negotiated for and
acquired an additional U.S.-origin aircraft. The additional acquired
aircraft was an MD-82 aircraft, which subsequently was painted in Mahan
Airways' livery and flown on multiple Mahan Airways' routes under tail
number TC-TUA.
---------------------------------------------------------------------------

\11\ Engaging in conduct prohibited by a denial order violates
the Regulations. 15 CFR 764.2(a) and (k).
\12\ The third Boeing 747 appeared to have undergone significant
service maintenance and may not have been operational at the time of
the March 9, 2010 renewal order.
---------------------------------------------------------------------------

The March 9, 2010 renewal order also noted that a court in the
United Kingdom (``U.K.'') had found Mahan Airways in contempt of court
on February 1, 2010, for failing to comply with that court's December
21, 2009 and January 12, 2010 orders compelling Mahan Airways to remove
the Boeing 747s from Iran and ground them in the Netherlands. Mahan
Airways and the Balli Group Respondents had been litigating before the
U.K. court concerning ownership and control of Aircraft 1-3. In a
letter to the U.K. court dated January 12, 2010, Mahan Airways'
Chairman indicated, inter alia, that Mahan Airways opposes U.S.
Government actions against Iran, that it continued to operate the
aircraft on its routes in and out of Tehran (and had 158,000 ``forward
bookings'' for these aircraft), and that it wished to continue to do so
and would pay damages if required by that court, rather than ground the
aircraft.
The September 3, 2010 renewal order discussed the fact that Mahan
Airways' violations of the TDO extended beyond operating U.S.-origin
aircraft and attempting to acquire additional U.S.-origin aircraft. In
February 2009, while subject to the TDO, Mahan Airways participated in
the export of computer motherboards, items subject to the Regulations
and designated as EAR99, from the United States to Iran, via the United
Arab Emirates (``UAE''), in violation of both the TDO and the
Regulations, by transporting and/or forwarding the computer
motherboards from the UAE to Iran. Mahan Airways' violations were
facilitated by Gatewick LLC, which not only participated in the
transaction, but also has stated to BIS that it acted as Mahan Airways'
sole booking agent for cargo and freight forwarding services in the
UAE.
Moreover, in a January 24, 2011 filing in the U.K. court, Mahan
Airways asserted that Aircraft 1-3 were not being used, but stated in
pertinent part that the aircraft were being maintained in Iran
especially ``in an airworthy condition'' and that, depending on the
outcome of its U.K. court appeal, the aircraft ``could immediately go
back into service . . . on international routes into and out of Iran.''
Mahan Airways' January 24, 2011 submission to U.K. Court of Appeal, at
p. 25, ]] 108, 110. This clearly stated intent, both on its own and in
conjunction with Mahan Airways' prior misconduct and statements,
demonstrated the need to renew the TDO in order to prevent imminent
future violations. Two of these three 747s subsequently were removed
from Iran and are no longer in Mahan Airways' possession. The third of
these 747s, with Manufacturer's Serial Number (``MSN'') 23480 and
Iranian tail number EP-MNE, remained in Iran under Mahan's control.
Pursuant to Executive Order 13324, it was designated a Specially
Designated Global Terrorist (``SDGT'') by the U.S. Department of the
Treasury's Office of Foreign Assets Control (``OFAC'') on September 19,
2012.\13\ Furthermore, as discussed in the February 4, 2013 Order, open
source information indicated that this 747, painted in the livery and
logo of Mahan Airways, had been flown between Iran and Syria, and was
suspected of ferrying weapons and/or other equipment to the Syrian
Government from Iran's Islamic Revolutionary Guard Corps. Open source
information showed that this aircraft had flown from Iran to Syria as
recently as June 30, 2013, and continues to show that it remains in
active operation in Mahan Airways' fleet.
---------------------------------------------------------------------------

\13\ See http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/pages/20120919.aspx.
---------------------------------------------------------------------------

In addition, as first detailed in the July 1, 2011 and August 24,
2011 orders, and discussed in subsequent renewal orders in this matter,
Mahan Airways also continued to evade U.S. export control laws by
operating two Airbus A310 aircraft, bearing Mahan Airways' livery and
logo, on flights into and out of Iran.\14\ At the time of the July 1,
2011 and August 24, 2011 orders, these Airbus A310s were registered in
France, with tail numbers F-OJHH and F-OJHI, respectively.\15\
---------------------------------------------------------------------------

\14\ The Airbus A310s are powered with U.S.-origin engines. The
engines are subject to the EAR and classified under Export Control
Classification (``ECCN'') 9A991.d. The Airbus A310s contain
controlled U.S.-origin items valued at more than 10 percent of the
total value of the aircraft and as a result are subject to the EAR.
They are classified under ECCN 9A991.b. The export or reexport of
these aircraft to Iran requires U.S. Government authorization
pursuant to Sections 742.8 and 746.7 of the Regulations.
\15\ OEE subsequently presented evidence that after the August
24, 2011 renewal, Mahan Airways worked along with Kerman Aviation
and others to de-register the two Airbus A310 aircraft in France and
to register both aircraft in Iran (with, respectively, Iranian tail
numbers EP-MHH and EP-MHI). It was determined subsequent to the
February 15, 2012 renewal order that the registration switch for
these A310s was cancelled and that Mahan Airways then continued to
fly the aircraft under the original French tail numbers (F-OJHH and
F-OJHI, respectively). Both aircraft apparently remain in Mahan
Airways' possession.
---------------------------------------------------------------------------

The August 2012 renewal order also found that Mahan Airways had
acquired another Airbus A310 aircraft subject to the Regulations, with
MSN 499 and

[[Page 61748]]

Iranian tail number EP-VIP, in violation of the TDO and the
Regulations.\16\ On September 19, 2012, all three Airbus A310 aircraft
(tail numbers F-OJHH, F-OJHI, and EP-VIP) were designated as SDGTs.\17\
---------------------------------------------------------------------------

\16\ See note 14, supra.
\17\ See http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/pages/20120919.aspx. Mahan Airways was previously
designated by OFAC as a SDGT on October 18, 2011. 77 FR 64,427
(October 18, 2011).
---------------------------------------------------------------------------

The February 4, 2013 renewal order laid out further evidence of
continued and additional efforts by Mahan Airways and other persons
acting in concert with Mahan, including Kral Aviation and another
Turkish company, to procure U.S.-origin engines--two GE CF6-50C2
engines, with MSNs 517621 and 517738, respectively--and other aircraft
parts in violation of the TDO and the Regulations.\18\ The February 4,
2013 order also added Mehdi Bahrami as a related person in accordance
with Section 766.23 of the Regulations. Bahrami, a Mahan Vice-President
and the head of Mahan's Istanbul Office, also was involved in Mahan's
acquisition of the original three Boeing 747s (Aircraft 1-3) that
resulted in the original TDO, and has had a business relationship with
Mahan dating back to 1997.
---------------------------------------------------------------------------

\18\ Kral Aviation was referenced in the February 4, 2013
renewal order as ``Turkish Company No. 1.'' Kral Aviation purchased
a GE CF6-50C2 aircraft engine (MSN 517621) from the United States in
July 2012, on behalf of Mahan Airways. OEE was able to prevent this
engine from reaching Mahan by issuing a redelivery order to the
freight forwarder in accordance with Section 758.8 of the
Regulations. OEE also issued Kral Aviation a redelivery order for
the second CF6-50C2 engine (MSN 517738) on July 30, 2012. The owner
of the second engine subsequently cancelled the item's sale to Kral
Aviation. In September 2012, OEE was alerted by a U.S. exporter that
another Turkish company (``Turkish Company No. 2'') was attempting
to purchase aircraft spare parts intended for re-export by Turkish
Company No. 2 to Mahan Airways. See February 4, 2013 renewal order.
On December 31, 2013, Kral Aviation was added to BIS's Entity
List, Supplement No. 4 to Part 744 of the Regulations. See 78
FR75458 (Dec. 12, 2013). Companies and individuals are added to the
Entity List for engaging in activities contrary to the national
security or foreign policy interests of the United States. See 15
CFR 744.11.
---------------------------------------------------------------------------

The July 31, 2013 renewal order detailed additional evidence
obtained by OEE showing efforts by Mahan Airways to obtain another GE
CF6-50C2 aircraft engine (MSN 528350) from the United States via
Turkey. Multiple Mahan employees, including Mehdi Bahrami, were
involved in or aware of matters related to the engine's arrival in
Turkey from the United States, plans to visually inspect the engine,
and prepare it for shipment from Turkey.
Mahan Airways sought to obtain this U.S.-origin engine through
Pioneer Logistics Havacilik Turizm Yonetim Danismanlik (``Pioneer
Logistics''), an aircraft parts supplier located in Turkey, and its
director/operator, Gulnihal Yegane, a Turkish national who previously
had conducted Mahan related business with Mehdi Bahrami and Ali
Eslamian. Moreover, as referenced in the July 31, 2013 renewal order, a
sworn affidavit by Kosol Surinanda, also known as Kosol Surinandha,
Managing Director of Mahan's General Sales Agent in Thailand, stated
that the shares of Pioneer Logistics for which he was the listed owner
were ``actually the property of and owned by Mahan.'' He further stated
that he held ``legal title to the shares until otherwise required by
Mahan'' but would ``exercise the rights granted to [him] exactly and
only as instructed by Mahan and [his] vote and/or decisions [would]
only and exclusively reflect the wills and demands of Mahan[.]'' \19\
---------------------------------------------------------------------------

\19\ Pioneer Logistics, Gulnihal Yegane, and Kosol Surinanda
also were added to the Entity List on December 12, 2013. See 78 FR
75458 (Dec. 12, 2013).
---------------------------------------------------------------------------

The January 24, 2014 renewal order outlined OEE's continued
investigation of Mahan Airways' activities and detailed an attempt by
Mahan, which OEE thwarted, to obtain, via an Indonesian aircraft parts
supplier, two U.S.-origin Honeywell ALF-502R-5 aircraft engines (MSNs
LF5660 and LF5325), items subject to the Regulations, from a U.S.
company located in Texas. An invoice of the Indonesian aircraft parts
supplier dated March 27, 2013, listed Mahan Airways as the purchaser of
the engines and included a Mahan ship-to address. OEE also obtained a
Mahan air waybill dated March 12, 2013, listing numerous U.S.-origin
aircraft parts subject to the Regulations--including, among other
items, a vertical navigation gyroscope, a transmitter, and a power
control unit--being transported by Mahan from Turkey to Iran in
violation of the TDO.
The July 22, 2014 renewal order discussed open source evidence from
the March-June 2014 time period regarding two BAE regional jets, items
subject to the Regulations, that were painted in the livery and logo of
Mahan Airways and operating under Iranian tail numbers EP-MOK and EP-
MOI, respectively.\20\ In addition, aviation industry resources
indicated that these aircraft were obtained by Mahan Airways in late
November 2013 and June 2014, from Ukrainian Mediterranean Airline, a
Ukrainian airline that was added to BIS's Entity List (Supplement No. 4
to Part 744 of the Regulations) on August 15, 2011, for acting contrary
to the national security and foreign policy interests of the United
States.\21\ Open source information indicates that at least EP-MOI
remains active in Mahan's fleet, and that the aircraft was being
operated on multiple flights within the last week.
---------------------------------------------------------------------------

\20\ The BAE regional jets are powered with U.S.-origin engines.
The engines are subject to the EAR and classified under ECCN
9A991.d. These aircraft contain controlled U.S.-origin items valued
at more than 10 percent of the total value of the aircraft and as a
result are subject to the EAR. They are classified under ECCN
9A991.b. The export or reexport of these aircraft to Iran requires
U.S. Government authorization pursuant to Sections 742.8 and 746.7
of the Regulations.
\21\ See 76 FR 50407 (Aug. 15, 2011). The July 22, 2014 renewal
order also referenced two Airbus A320 aircraft painted in the livery
and logo of Mahan Airways and operating under Iranian tail numbers
EP-MMK and EP-MML, respectively. OEE's investigation also showed
that Mahan obtained these aircraft in November 2013, from Khors Air
Company, another Ukrainian airline that, like Ukrainian
Mediterranean Airlines, was added to BIS's Entity List on August 15,
2011. Open source evidence indicates the two Airbus A320 aircraft
may be been transferred by Mahan Airways to another Iranian airline
in October 2014, and issued Iranian tail numbers EP-APE and EP-APF,
respectively.
---------------------------------------------------------------------------

The January 16, 2015 renewal order detailed evidence of additional
attempts by Mahan Airways to acquire items subject the Regulations in
further violation of the TDO. Specifically, in March 2014, OEE became
aware of an inertial reference unit bearing serial number 1231 (``the
IRU'') that had been sent to the United States for repair. The IRU is
subject to the Regulations, classified under ECCN 7A103, and controlled
for missile technology reasons. Upon closer inspection, it was
determined that IRU came from or had been installed on an Airbus A340
aircraft bearing MSN 056. Further investigation revealed that as of
approximately February 2014, this aircraft was registered under Iranian
tail number EP-MMB and had been painted in the livery and logo of Mahan
Airways.
The January 16, 2015 renewal order also described related efforts
by the Departments of Justice and Treasury to further thwart Mahan's
illicit procurement efforts. Specifically, on August 14, 2014, the
United States Attorney's Office for the District of Maryland filed a
civil forfeiture complaint for the IRU pursuant to 22 U.S.C. 401(b)
that resulted in the court issuing an Order of Forfeiture on December
2, 2014. EP-MMB remains listed as active in Mahan Airways' fleet and
has been used on flights into and out of Iran as recently as December
19, 2017.

[[Page 61749]]

Additionally, on August 29, 2014, OFAC blocked the property and
interests in property of Asian Aviation Logistics of Thailand, a Mahan
Airways affiliate or front company, pursuant to Executive Order 13224.
In doing so, OFAC described Mahan Airways' use of Asian Aviation
Logistics to evade sanctions by making payments on behalf of Mahan for
the purchase of engines and other equipment.\22\
---------------------------------------------------------------------------

\22\ See http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20140829.aspx. See 79 FR 55073 (Sep. 15, 2014).
OFAC also blocked the property and property interests of Pioneer
Logistics of Turkey on August 29, 2014. Id. Mahan Airways' use of
Pioneer Logistics in an effort to evade the TDO and the Regulations
was discussed in a prior renewal order, as summarized, supra, at 13-
14. BIS added both Asian Aviation Logistics and Pioneer Logistics to
the Entity List on December 12, 2013. See 78 FR 75458 (Dec. 12,
2013).
---------------------------------------------------------------------------

The May 21, 2015 modification order detailed the acquisition of two
aircraft, specifically an Airbus A340 bearing MSN 164 and an Airbus
A321 bearing MSN 550, that were purchased by Al Naser Airlines in late
2014/early 2015 and are currently located in Iran under the possession,
control, and/or ownership of Mahan Airways.\23\ The sales agreements
for these two aircraft were signed by Ali Abdullah Alhay for Al Naser
Airlines.\24\ Payment information reveals that multiple electronic
funds transfers (``EFT'') were made by Ali Abdullah Alhay and Bahar
Safwa General Trading in order to acquire MSNs 164 and 550. The May 21,
2015 modification order also laid out evidence showing the respondents'
attempts to obtain other controlled aircraft, including aircraft
physically located in the United States in similarly-patterned
transactions during the same recent time period. Transactional
documents involving two Airbus A320s bearing MSNs 82 and 99,
respectively, again showed Ali Abdullah Alhay signing sales agreements
for Al Naser Airlines.\25\ A review of the payment information for
these aircraft similarly revealed EFTs from Ali Abdullah Alhay and
Bahar Safwa General Trading that follow the pattern described for MSNs
164 and 550, supra. MSNs 82 and 99 were detained by OEE Special Agents
prior to their planned export from the United States.
---------------------------------------------------------------------------

\23\ Both of these aircraft are powered by U.S.-origin engines
that are subject to the Regulations and classified under ECCN
9A991.d. Both aircraft contain controlled U.S.-origin items valued
at more than 10 percent of the total value of the aircraft and as a
result are subject to the EAR regardless of their location. The
aircraft are classified under ECCN 9A991.b. The export or re-export
of these aircraft to Iran requires U.S. Government authorization
pursuant to Sections 742.8 and 746.7 of the Regulations.
\24\ The evidence obtained by OEE showed Ali Abdullah Alhay as a
25% owner of Al Naser Airlines.
\25\ Both aircraft were physically located in the United States
and therefore are subject to the Regulations pursuant to Section
734.3(a)(1). Moreover, these Airbus A320s are powered by U.S.-origin
engines that are subject to the Regulations and classified under
Export Control Classification Number ECCN 9A991.d. The Airbus A320s
contain controlled U.S.-origin items valued at more than 10 percent
of the total value of the aircraft and as a result are subject to
the EAR regardless of their location. The aircraft are classified
under ECCN 9A991.b. The export or re-export of these aircraft to
Iran requires U.S. Government authorization pursuant to Sections
742.8 and 746.7 of the Regulations.
---------------------------------------------------------------------------

The July 13, 2015 renewal order outlined evidence showing that Al
Naser Airlines' attempts to acquire aircraft on behalf of Mahan Airways
extended beyond MSNs 164 and 550 to include a total of nine
aircraft.\26\ Four of the aircraft, all of which are subject to the
Regulations and were obtained by Mahan from Al Naser Airlines, had been
issued the following Iranian tail numbers: EP-MMD (MSN 164), EP-MMG
(MSN 383), EP-MMH (MSN 391) and EP-MMR (MSN 416), respectively.\27\
Publicly available flight tracking information provided evidence that
at the time of the July 13, 2015 renewal, both EP-MMH and EP-MMR were
being actively flown on routes into and out of Iran in violation of the
TDO and Regulations.\28\ The January 7, 2016 renewal order discussed
evidence that Mahan Airways had begun actively flying EP-MMD on
international routes into and out of Iran, including from/to Bangkok,
Thailand. Additionally, the January 7, 2016 order described publicly
available aviation database and flight tracking information indicating
that Mahan Airways continued efforts to acquire Iranian tail numbers
and press into active service under Mahan's livery and logo at least
two more of the Airbus A340 aircraft it had obtained from or through Al
Naser Airlines: EP-MME (MSN 371) and EP-MMF (MSN 376), respectively.
Since January 2016, EP-MME has logged flights to and from Tehran, Iran
involving various destinations, including Guangzhou, China and Dubai,
United Arab Emirates, in further violation of the TDO and the
Regulations.
---------------------------------------------------------------------------

\26\ This evidence included a press release dated May 9, 2015,
that appeared on Mahan Airways' website and stated that Mahan
``added 9 modern aircraft to its air fleet [,]'' and that the newly
acquired aircraft included eight Airbus A340s and one Airbus A321.
See http://www.mahan.aero/en/mahan-air/press-room/44. The press
release was subsequently removed from Mahan Airways' website.
Publicly available aviation databases similarly showed that Mahan
had obtained nine additional aircraft from Al Naser Airlines in May
2015, including MSNs 164 and 550. As also discussed in the July 13,
2015 renewal order, Sky Blue Bird Group, via Issam Shammout, was
actively involved in Al Naser Airlines' acquisition of MSNs 164 and
550, and the attempted acquisition of MSNs 82 and 99 (which were
detained by OEE).
\27\ The Airbus A340s are powered by U.S.-origin engines that
are subject to the Regulations and classified under ECCN 9A991.d.
The Airbus A340s contain controlled U.S.-origin items valued at more
than 10 percent of the total value of the aircraft and as a result
are subject to the EAR regardless of their location. The aircraft
are classified under ECCN 9A991.b. The export or re-export of these
aircraft to Iran requires U.S. Government authorization pursuant to
Sections 742.8 and 746.7 of the Regulations.
\28\ There is some publicly available information indicating
that the aircraft Mahan Airways is flying under Iranian tail number
EP-MMR is now MSN 615, rather than MSN 416. Both aircraft are Airbus
A340 aircraft that Mahan acquired from Al Naser Airlines in
violation of the TDO and the Regulations. Moreover, both aircraft
were designated as SDGTs by OFAC on May 21, 2015, pursuant to
Executive Order 13324. See 80 FR 30762 (May 29, 2015).
---------------------------------------------------------------------------

The July 7, 2016 renewal order described Mahan Airways' acquisition
of a BAE Avro RJ-85 aircraft (MSN E2392) in violation of the TDO and
its subsequent registration under Iranian tail number EP-MOR.\29\ This
information was corroborated by publicly available information on the
website of Iran's civil aviation authority. The July 7, 2016 order also
outlined Mahan's continued operation of EP-MMF in violation of the TDO
on routes from Tehran, Iran to Beijing, China and Shanghai, China,
respectively.
---------------------------------------------------------------------------

\29\ The BAE Avro RJ-85 is powered by U.S.-origin engines that
are subject to the Regulations and classified under ECCN 9A991.d.
The BAE Avro RJ-85 contains controlled U.S.-origin items valued at
more than 10 percent of the total value of the aircraft and as a
result is subject to the EAR regardless of its location. The
aircraft is classified under ECCN 9A991.b, and its export or re-
export to Iran requires U.S. Government authorization pursuant to
Sections 742.8 and 746.7 of the Regulations.
---------------------------------------------------------------------------

The December 30, 2016 renewal order outlined Mahan's continued
operation of multiple Airbus aircraft, including EP-MMD (MSN 164), EP-
MMF (MSN 376), and EP-MMH (MSN 391), which were acquired from or
through Al Naser Airlines in violation of the TDO, as previously
detailed in pertinent part in the July 13, 2015 and January 7, 2016
renewal orders. Publicly available flight tracking information showed
that the aircraft were operated on flights into and out of Iran,
including from/to Beijing, China, Kuala Lumpur, Malaysia, and Istanbul,
Turkey.\30\
---------------------------------------------------------------------------

\30\ Specifically, on December 22, 2016, EP-MMD (MSN 164) flew
from Dubai, UAE to Tehran, Iran. Between December 20 and December
22, 2016, EP-MMF (MSN 376) flew on routes from Tehran, Iran to
Beijing, China and Istanbul, Turkey, respectively. Between December
26 and December 28, 2016, EP-MMH (MSN 391) flew on routes from
Tehran, Iran to Kuala Lumpur, Malaysia.
---------------------------------------------------------------------------

The June 27, 2017 renewal order included similar evidence regarding
Mahan Airways' violation of the TDO by operating multiple Airbus
aircraft

[[Page 61750]]

subject to the Regulations, including, but not limited to, aircraft
procured from or through Al Naser Airlines, on flights into and out of
Iran, including from/to Moscow, Russia, Shanghai, China and Kabul,
Afghanistan.\31\ The June 27, 2017 order also detailed evidence
concerning a suspected planned or attempted diversion to Mahan of an
Airbus A340 subject to the Regulations that had first been mentioned in
OEE's December 13, 2016 renewal request.
---------------------------------------------------------------------------

\31\ Publicly available flight tracking information shows that
on June 22, 2017, EP-MME (MSN 371) flew from Moscow, Russia to
Tehran, Iran. Additionally, between June 19, 2017, and June 20,
2017, EP-MMQ (MSN 449), an Airbus A430 also obtained from or through
Al Naser Airlines, flew on routes between Shanghai, China and
Tehran, Iran. Similar flight tracking information shows that on June
20, 2017, EP-MNK (MSN 618), an Airbus A300 originally acquired by
Mahan via a Ukrainian company, flew between Kabul, Afghanistan and
Mashhad, Iran.
---------------------------------------------------------------------------

OEE's November 28, 2017 renewal request presented evidence that a
Mahan employee attempted to initiate negotiations with a U.S. company
for the purchase of an aircraft subject to the Regulations and
classified under ECCN 9A610. The request also includes evidence
indicating that Mahan Airways continues to operate a number of aircraft
subject to the Regulations, including aircraft originally procured from
or through Al Naser Airlines, on flights into and out of Iran from/to
Lahore, Pakistan, Shanghai, China, Ankara, Turkey, Kabul, Afghanistan,
and Baghdad, Iraq, in violation of the TDO.\32\
---------------------------------------------------------------------------

\32\ For example, publicly available flight tracking information
shows that on December 17, 2017, EP-MNV (MSN 567) flew from Lahore,
Pakistan to Tehran, Iran. On December 18-19, 2017, EP-MMQ (MSN 449)
flew on routes between Istanbul, Turkey and Tehran, Iran.
Additionally, on December 17, 2017, EP-MNK (MSN 618), an Airbus A300
originally acquired by Mahan via a Ukrainian company, flew on routes
between Baghdad, Iraq and Mashhad, Iran.
---------------------------------------------------------------------------

Additionally, multiple open sources indicate that Al Naser Airlines
recently acquired, via lease, at least possession and/or control of a
Boeing 737 (MSN 25361), bearing tail number YR-SEB, and an Airbus A320
(MSN 357), bearing tail number YR-SEA, from a Romanian company.\33\
Publicly available flight tracking data shows, furthermore, that in
November 2017, YR-SEA was operated on international flights between
Baghdad and destinations including Beirut, Lebanon and Istanbul, Turkey
under the International Air Transport Association (``IATA'') designator
for Al Naser Airlines. These transactions thus violate the TDO.
OEE's investigation also shows that Al Naser Airlines is using the
additional alias ``Al Naser Wings Airline.''
---------------------------------------------------------------------------

\33\ The Airbus A320 is powered with U.S.-origin engines, which
are subject to the EAR and classified under Export Control
Classification (``ECCN'') 9A991.d. The engines are valued at more
than 10 percent of the total value of the aircraft, which
consequently is subject to the EAR. The aircraft is classified under
ECCN 9A991.b., and its export or reexport to Iran would require U.S.
Government authorization pursuant to Sections 742.8 and 746.7 of the
Regulations.
---------------------------------------------------------------------------

C. Findings

Under the applicable standard set forth in Section 766.24 of the
Regulations and my review of the entire record, I find that the
evidence presented by BIS convincingly demonstrates that the denied
persons have acted in violation of the Regulations and the TDO; that
such violations have been significant, deliberate and covert; and that
given the foregoing and the nature of the matters under investigation,
there is a likelihood of future violations. Therefore, renewal of the
TDO is necessary in the public interest to prevent imminent violation
of the Regulations and to give notice to companies and individuals in
the United States and abroad that they should continue to cease dealing
with Mahan Airways and Al Naser Airlines and the other denied persons
in connection with export and reexport transactions involving items
subject to the Regulations and in connection with any other activity
subject to the Regulations. I also find it necessary to add ``Al Naser
Wings Airline'' as an alias for Al Naser Airlines.

IV. 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; 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 AL NASER WINGS AIRLINE 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 in any other activity
subject to the EAR; or
C. Benefitting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the EAR, or in any other activity subject to the EAR.
Second, that no person may, directly or indirectly, do any of the
following:

[[Page 61751]]

A. Export or reexport to or on behalf of a Denied Person any item
subject to the EAR;
B. Take any action that facilitates the acquisition or attempted
acquisition by a Denied Person of the ownership, possession, or control
of any item subject to the EAR that has been or will be exported from
the United States, including financing or other support activities
related to a transaction whereby a Denied Person acquires or attempts
to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from a Denied Person of any item subject to
the EAR that has been exported from the United States;
D. Obtain from a Denied Person in the United States any item
subject to the EAR with knowledge or reason to know that the item will
be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the EAR
that has been or will be exported from the United States and which is
owned, possessed or controlled by a Denied Person, or service any item,
of whatever origin, that is owned, possessed or controlled by a Denied
Person if such service involves the use of any item subject to the EAR
that has been or will be exported from the United States. For purposes
of this paragraph, servicing means installation, maintenance, repair,
modification or testing.
Third, that, after notice and opportunity for comment as provided
in section 766.23 of the EAR, any other person, firm, corporation, or
business organization related to a Denied Person by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services may also be made subject to the provisions of
this Order.
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 for 180 days.

Dated: December 20, 2017.
Richard R. Majauskas,
Deputy Assistant Secretary of Commerce for Export Enforcement
performing the non-exclusive duties and functions of the Assistant
Secretary of Commerce for Export Enforcement.
[FR Doc. 2017-28113 Filed 12-28-17; 8:45 am]
BILLING CODE P

Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Notices 61745

objection, the Forest Service will DEPARTMENT OF COMMERCE Order Renewing Order Temporarily
attempt to verify the identity of the Denying Export Privileges
objector to confirm objection eligibility; Bureau of Industry and Security Pursuant to Section 766.24 of the
(2) Signature or other verification of Export Administration Regulations, 15
authorship upon request (a scanned Order Renewing Order Temporarily
CFR parts 730–774 (2016) (‘‘EAR’’ or
signature for electronic mail may be Denying Export Privileges
‘‘the Regulations’’),1 I hereby grant the
filed with the objection); request of the Office of Export
(3) Identification of the lead objector, Mahan Airways, Mahan Tower, No. 21,
Azadegan St., M.A. Jenah Exp. Way, Enforcement (‘‘OEE’’) to renew the
when multiple names are listed on an
Tehran, Iran; temporary denial order issued in this
objection. The Forest Service will
Pejman Mahmood Kosarayanifard, a/k/a matter on June 27, 2017, as recently
communicate to all parties to an
Kosarian Fard, P.O. Box 52404, Dubai, modified on November 16, 2017. I find
objection through the lead objector.
United Arab Emirates; that renewal of this order, as recently
Verification of the identity of the lead
Mahmoud Amini, G#22 Dubai Airport Free modified, is necessary in the public
objector must also be provided if
Zone, P.O. Box 393754, Dubai, United Arab interest to prevent an imminent
requested;
(4) The name of the forest plan Emirates; violation of the EAR. I also find it
amendment being objected to, and the and necessary in connection with this
name and title of the Responsible P.O. Box 52404, Dubai, United Arab renewal to add ‘‘Al Naser Wings
Official; Emirates; and Airline’’ as an alias being used by
(5) A statement of the issues and/or Mohamed Abdulla Alqaz Building, Al respondent Al Naser Airlines.
Maktoum Street, Al Rigga, Dubai, United
parts of the forest plan amendment to I. Procedural History
Arab Emirates;
which the objection applies; On March 17, 2008, Darryl W.
(6) A concise statement explaining the Kerman Aviation, a/k/a GIE Kerman
Aviation, 42 Avenue Montaigne 75008, Jackson, the then-Assistant Secretary of
objection and suggesting how the
Paris, France; Commerce for Export Enforcement
proposed plan decision may be
Sirjanco Trading LLC, P.O. Box 8709, Dubai, (‘‘Assistant Secretary’’), signed an order
improved. If the objector believes that
United Arab Emirates; denying Mahan Airways’ export
the forest plan amendment is
Mahan Air General Trading LLC, 19th Floor privileges for a period of 180 days on
inconsistent with law, regulation, or
Al Moosa Tower One, Sheik Zayed Road, the ground that issuance of the order
policy, an explanation should be
Dubai 40594, United Arab Emirates; was necessary in the public interest to
included;
(7) A statement that demonstrates the Mehdi Bahrami, Mahan Airways—Istanbul prevent an imminent violation of the
link between the objector’s prior Office, Cumhuriye Cad. Sibil Apt No: 101 Regulations. The order also named as
substantive formal comments and the D:6, 34374 Emadad, Sisli Istanbul, Turkey; denied persons Blue Airways, of
content of the objection, unless the Al Naser Airlines, a/k/a al-Naser Airlines, a/ Yerevan, Armenia (‘‘Blue Airways of
objection concerns an issue that arose k/a Al Naser Wings Airline, a/k/a Alnaser Armenia’’), as well as the ‘‘Balli Group
Airlines and Air Freight Ltd., Home 46, Al- Respondents,’’ namely, Balli Group
after the opportunities for formal
Karrada, Babil Region, District 929, St 21 PLC, Balli Aviation, Balli Holdings,
comment; and
(8) All documents referenced in the Beside Al Jadirya Private Hospital, Vahid Alaghband, Hassan Alaghband,
objection (a bibliography is not Baghdad, Iraq; and Blue Sky One Ltd., Blue Sky Two Ltd.,
sufficient), except that the following Al Amirat Street, Section 309, St. 3/H.20 Al Blue Sky Three Ltd., Blue Sky Four Ltd.,
need not be provided:
Mansour, Baghdad, Iraq; and Blue Sky Five Ltd., and Blue Sky Six
P.O. Box 28360, Dubai, United Arab Ltd., all of the United Kingdom. The
a. All or any part of a Federal law or
Emirates; and order was issued ex parte pursuant to
regulation, P.O. Box 911399, Amman 11191, Jordan;
b. Forest Service Directive System Section 766.24(a) of the Regulations,
Ali Abdullah Alhay, a/k/a Ali Alhay, a/k/a and went into effect on March 21, 2008,
documents and land management plans
Ali Abdullah Ahmed Alhay, Home 46, Al- the date it was published in the Federal
or other published Forest Service
Karrada, Babil Region, District 929, St 21, Register.
documents, Beside Al Jadirya Private Hospital,
c. Documents referenced by the Forest This temporary denial order (‘‘TDO’’)
Baghdad, Iraq; and was renewed in accordance with
Service in the planning documentation Anak Street, Qatif, Saudi Arabia 61177;
related to the proposal subject to Section 766.24(d) of the Regulations.2
Bahar Safwa General Trading, PO Box
objection, and 113212 Citadel Tower, Floor-5, Office 1 The Regulations, currently codified at 15 CFR
d. Formal comments previously #504, Business Bay, Dubai, United Arab parts 730–774 (2017), originally issued pursuant to
provided to the Forest Service by the Emirates; and the Export Administration Act of 1979 (‘‘EAA’’ or
objector during the plan amendment PO Box 8709, Citadel Tower, Business Bay, ‘‘the Act’’). Since August 21, 2001, the Act has been
comment period. Dubai, United Arab Emirates; in lapse and the President, through Executive Order
13222 of August 17, 2001 (3 CFR, 2001 Comp. 783
Responsible Official Sky Blue Bird Group, a/k/a Sky Blue Bird (2002)), which has been extended by successive
Aviation, a/k/a Sky Blue Bird Ltd, a/k/a Presidential Notices, the most recent being that of
The responsible official for the Santa Sky Blue Bird FZC, P.O. Box 16111, Ras Al August 15, 2017 (82 FR 39,005 (Aug. 16, 2017)) has
Fe’s Forest Plan Amendment for Khaimah Trade Zone, United Arab continued the Regulations in effect under the
Geothermal Leasing on the Santa Fe Emirates; International Emergency Economic Powers Act (50
U.S.C. 1701, et seq. (2012)).
National Forest is James Melonas, Forest Issam Shammout, a/k/a Muhammad Isam 2 Section 766.24(d) provides that BIS may seek
Supervisor, Santa Fe National Forest, 11 Muhammad Anwar Nur Shammout, a/k/a renewal of a temporary denial order for additional
ethrower on DSK3G9T082PROD with NOTICES

Forest Lane, Santa Fe, NM, 87508. Issam Anwar, Philips Building, 4th Floor, 180-day renewal periods, if it believes that renewal
Dated: December 15, 2017. Al Fardous Street, Damascus, Syria; and is necessary in the public interest to prevent an
Al Kolaa, Beirut, Lebanon 151515; and imminent violation. Renewal requests are to be
Glenn P. Casamassa, made in writing no later than 20 days before the
17–18 Margaret Street, 4th Floor, London,
Associate Deputy Chief, National Forest scheduled expiration date of a temporary denial
W1W 8RP, United Kingdom; and order. Renewal requests may include discussion of
System. Cumhuriyet Mah. Kavakli San St. Fulya, Cad. any additional or changed circumstances, and may
[FR Doc. 2017–28134 Filed 12–28–17; 8:45 am] Hazar Sok. No.14/A Silivri, Istanbul, seek appropriate modifications to the order,
BILLING CODE 3411–15–P Turkey Continued

VerDate Sep<11>2014 20:09 Dec 28, 2017 Jkt 244001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\29DEN1.SGM 29DEN1

61746 Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Notices

Subsequent renewals also have issued modification order issued on July 1, Eslamian, Equipco, and Skyco following
pursuant to Section 766.24(d), including 2011, adding Zarand Aviation as a a request by OEE for their removal.9
most recently on June 27, 2017.3 Some respondent in order to prevent an On November 28, 2017, BIS, through
of the renewal orders and the imminent violation.7 OEE, submitted a written request for
modification orders that have issued renewal of the TDO that issued on June
As part of the August 24, 2011
between renewals have added certain 27, 2017, as modified on November 16,
renewal, Kerman Aviation, Sirjanco
parties as respondents or as related 2017. The written request was made
Trading LLC, and Ali Eslamian were
persons, or effected the removal of more than 20 days before the TDO’s
added as related persons. Mahan Air
certain parties.4 scheduled expiration. Notice of the
General Trading LLC, Equipco (UK)
The September 11, 2009 renewal renewal request was provided to Mahan
order continued the denial order as to Ltd., and Skyco (UK) Ltd. were added as Airways, Al Naser Airlines, Ali
Mahan Airways, but not as to the Balli related persons by a modification order Abdullah Alhay, and Bahar Safwa
Group Respondents or Blue Airways of issued on April 9, 2012. Mehdi Bahrami General Trading in accordance with
Armenia.5 As part of the February 25, was added as a related person as part of Sections 766.5 and 766.24(d) of the
2011 renewal order, Pejman Mahmood the February 4, 2013 renewal order. Regulations. No opposition to the
Kosarayanifard (a/k/a Kosarian Fard), On May 21, 2015, a modification renewal of the TDO has been received.
Mahmoud Amini, and Gatewick LLC (a/ order issued adding Al Naser Airlines, Furthermore, no appeal of the related
k/a Gatewick Freight and Cargo Ali Abdullah Alhay, and Bahar Safwa person determinations made as part of
Services, a/k/a Gatewick Aviation General Trading as respondents. As the September 3, 2010, February 25,
Services) were added as related persons detailed in that order and discussed 2011, August 24, 2011, April 9, 2012,
to prevent evasion of the TDO.6 A further infra, these respondents were February 4, 2013, and July 13, 2015
added to the TDO based upon evidence renewal or modification orders has been
including the addition of parties as respondents or that they were acting together to, inter made by Kosarian Fard, Mahmoud
related persons, or the removal of parties previously Amini, Kerman Aviation, Sirjanco
added as respondents or related persons. BIS is not
alia, obtain aircraft subject to the
required to seek renewal as to all parties, and a Regulations for export or reexport to Trading LLC, Mahan Air General
removal of a party can be effected if, without more, Mahan in violation of the Regulations Trading LLC, Mehdi Bahrami, Sky Blue
BIS does not seek renewal as to that party. Any and the TDO. Sky Blue Bird Group and Bird Group, or Issam Shammout.10
party included or added to a temporary denial order
as a respondent may oppose a renewal request as its chief executive officer, Issam II. Renewal of the TDO
set forth in Section 766.24(d). Parties included or Shammout, were added as related
added as related persons can at any time appeal persons as part of the July 13, 2015 A. Legal Standard
their inclusion as a related person, but cannot renewal order.8
challenge the underlying temporary denial order,
Pursuant to Section 766.24, BIS may
either as initially issued or subsequently renewed, The June 27, 2017 renewal order issue or renew an order temporarily
and cannot oppose a renewal request. See also note continued the denial of the export denying a respondent’s export privileges
4, infra. upon a showing that the order is
3 The June 27, 2017 renewal order was effective privileges of Mahan Airways, Pejman
Mahmood Kosarayanifard, Mahmoud necessary in the public interest to
upon issuance and published in the Federal
Register on July 3, 2017 (82 FR 30,823). Prior Amini, Kerman Aviation, Sirjanco prevent an ‘‘imminent violation’’ of the
renewal orders issued on September 17, 2008, Trading LLC, Mahan Air General Regulations. 15 CFR 766.24(b)(1) and
March 16, 2009, September 11, 2009, March 9,
Trading LLC, Mehdi Bahrami, Al Naser 766.24(d). ‘‘A violation may be
2010, September 3, 2010, February 25, 2011, August ‘imminent’ either in time or degree of
24, 2011, February 15, 2012, August 9, 2012, Airlines, Ali Abdullah Alhay, Bahar
February 4, 2013, July 31, 2013, January 24, 2014, Safwa General Trading, Sky Blue Bird likelihood.’’ 15 CFR 766.24(b)(3). BIS
July 22, 2014, January 16, 2015, July 13, 2015,
Group, and Issam Shammout, as well as may show ‘‘either that a violation is
January 7, 2016, July 7, 2016, and December 30, about to occur, or that the general
2016, respectively. The August 24, 2011 renewal Ali Eslamian, Equipco (UK) Ltd., and
circumstances of the matter under
followed the issuance of a modification order that Skyco (UK) Ltd. On November 16, 2017,
issued on July 1, 2011, to add Zarand Aviation as investigation or case under criminal or
a modification order issued to remove
a respondent. The July 13, 2015 renewal followed administrative charges demonstrate a
a modification order that issued May 21, 2015, and likelihood of future violations.’’ Id. As
added Al Naser Airlines, Ali Abdullah Alhay, and to the TDO. On August 13, 2014, BIS and Gatewick
resolved administrative charges against Gatewick,
to the likelihood of future violations,
Bahar Safwa General Trading as respondents. Each
of the renewal orders and each of the modification including a charge for acting contrary to the terms BIS may show that the violation under
orders referenced in this footnote or elsewhere in of a BIS denial order (15 CFR 764.2(k)). In addition investigation or charge ‘‘is significant,
this order has been published in the Federal to the payment of a civil penalty, the settlement
Register. includes a seven-year denial order. The first two 9 The November 16, 2017 modification was
4 Pursuant to Sections 766.23 and 766.24(c) of the years of the denial period were active, with the published in the Federal Register on December 4,
Regulations, any person, firm, corporation, or remaining five years suspended conditioned upon 2017. See 82 FR 57,203 (Dec. 4, 2017). On
business organization related to a denied person by Gatewick’s full and timely payment of the civil September 28, 2017, BIS and Ali Eslamian resolved
affiliation, ownership, control, or position of penalty and its compliance with the Regulations an administrative charge for acting contrary to the
responsibility in the conduct of trade or related during the seven-year denial order period. This terms of the denial order (15 CFR 764.2(k)) that was
services may be added as a ‘‘related person’’ to a denial order, in effect, superseded the TDO as to based upon Eslamian’s violation of the TDO after
temporary denial order to prevent evasion of the Gatewick, which was not included as part of the his addition to the TDO on August 24, 2011.
order. January 16, 2015 renewal order. The Gatewick LLC Equipco (UK) Ltd. and Skyco (UK) Ltd., two
5 Balli Group PLC and Balli Aviation settled Final Order was published in the Federal Register companies owned and operated by Eslamian, also
proposed BIS administrative charges as part of a on August 20, 2014. See 79 FR 49283 (Aug. 20, were parties to settlement agreement and were
settlement agreement that was approved by a 2014). added to the settlement order as related persons. In
settlement order issued on February 5, 2010. The 7 Zarand Aviation’s export privileges remained
addition to other sanctions, the settlement provides
sanctions imposed pursuant to that settlement and denied until July 22, 2014, when it was not that Eslamian, Equipco, and Skyco shall be subject
ethrower on DSK3G9T082PROD with NOTICES

order included, inter alia, a $15 million civil included as part of the renewal order issued on that to a conditionally-suspended denial order for a
penalty and a requirement to conduct five external date. period of four years from the date of the settlement
audits and submit related audit reports. The Balli 8 The U.S. Department of the Treasury’s Office of order.
Group Respondents also settled related charges Foreign Assets Control (‘‘OFAC’’) designated Sky 10 A party named or added as a related person
with the Department of Justice and the Treasury Blue Bird and Issam Shammout as Specially may not oppose the issuance or renewal of the
Department’s Office of Foreign Assets Control. Designated Global Terrorists (‘‘SDGTs’’) on May 21, underlying temporary denial order, but may file an
6 See note 4, supra, concerning the addition of 2015, pursuant to Executive Order 13324, for appeal of the related person determination in
related persons to a temporary denial order. ‘‘providing support to Iran’s Mahan Air.’’ See 80 FR accordance with Section 766.23(c). See also note 2,
Kosarian Fard and Mahmoud Amini remain parties 30762 (May 29, 2015). supra.

VerDate Sep<11>2014 20:09 Dec 28, 2017 Jkt 244001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\29DEN1.SGM 29DEN1

61750 Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Notices

subject to the Regulations, including, Turkey under the International Air Babil Region, District 929, St 21, Beside
but not limited to, aircraft procured Transport Association (‘‘IATA’’) Al Jadirya Private Hospital, Baghdad,
from or through Al Naser Airlines, on designator for Al Naser Airlines. These Iraq, and Al Amirat Street, Section 309,
flights into and out of Iran, including transactions thus violate the TDO. St. 3/H.20, Al Mansour, Baghdad, Iraq,
from/to Moscow, Russia, Shanghai, OEE’s investigation also shows that Al and P.O. Box 28360, Dubai, United Arab
China and Kabul, Afghanistan.31 The Naser Airlines is using the additional Emirates, and P.O. Box 911399, Amman
June 27, 2017 order also detailed alias ‘‘Al Naser Wings Airline.’’ 11191, Jordan; ALI ABDULLAH ALHAY
evidence concerning a suspected C. Findings A/K/A ALI ALHAY A/K/A ALI
planned or attempted diversion to ABDULLAH AHMED ALHAY, Home
Mahan of an Airbus A340 subject to the Under the applicable standard set 46, Al-Karrada, Babil Region, District
Regulations that had first been forth in Section 766.24 of the 929, St 21, Beside Al Jadirya Private
mentioned in OEE’s December 13, 2016 Regulations and my review of the entire Hospital, Baghdad, Iraq, and Anak
renewal request. record, I find that the evidence Street, Qatif, Saudi Arabia 61177;
OEE’s November 28, 2017 renewal presented by BIS convincingly BAHAR SAFWA GENERAL TRADING,
request presented evidence that a demonstrates that the denied persons P.O. Box 113212, Citadel Tower, Floor-
Mahan employee attempted to initiate have acted in violation of the 5, Office #504, Business Bay, Dubai,
negotiations with a U.S. company for Regulations and the TDO; that such United Arab Emirates, and P.O. Box
the purchase of an aircraft subject to the violations have been significant, 8709, Citadel Tower, Business Bay,
Regulations and classified under ECCN deliberate and covert; and that given the Dubai, United Arab Emirates; SKY
9A610. The request also includes foregoing and the nature of the matters BLUE BIRD GROUP A/K/A SKY BLUE
evidence indicating that Mahan Airways under investigation, there is a likelihood BIRD AVIATION A/K/A SKY BLUE
continues to operate a number of aircraft of future violations. Therefore, renewal BIRD LTD A/K/A SKY BLUE BIRD FZC,
subject to the Regulations, including of the TDO is necessary in the public
P.O. Box 16111, Ras Al Khaimah Trade
aircraft originally procured from or interest to prevent imminent violation
Zone, United Arab Emirates; and ISSAM
through Al Naser Airlines, on flights of the Regulations and to give notice to
SHAMMOUT A/K/A MUHAMMAD
into and out of Iran from/to Lahore, companies and individuals in the
ISAM MUHAMMAD ANWAR NUR
Pakistan, Shanghai, China, Ankara, United States and abroad that they
SHAMMOUT A/K/A ISSAM ANWAR,
Turkey, Kabul, Afghanistan, and should continue to cease dealing with
Philips Building, 4th Floor, Al Fardous
Baghdad, Iraq, in violation of the TDO.32 Mahan Airways and Al Naser Airlines
Street, Damascus, Syria, and Al Kolaa,
Additionally, multiple open sources and the other denied persons in
Beirut, Lebanon 151515, and 17–18
indicate that Al Naser Airlines recently connection with export and reexport
Margaret Street, 4th Floor, London,
acquired, via lease, at least possession transactions involving items subject to
W1W 8RP, United Kingdom, and
and/or control of a Boeing 737 (MSN the Regulations and in connection with
Cumhuriyet Mah. Kavakli San St. Fulya,
25361), bearing tail number YR–SEB, any other activity subject to the
Cad. Hazar Sok. No.14/A Silivri,
and an Airbus A320 (MSN 357), bearing Regulations. I also find it necessary to
Istanbul, Turkey, and when acting for or
tail number YR–SEA, from a Romanian add ‘‘Al Naser Wings Airline’’ as an
on their behalf, any successors or
company.33 Publicly available flight alias for Al Naser Airlines.
assigns, agents, or employees (each a
tracking data shows, furthermore, that
IV. Order ‘‘Denied Person’’ and collectively the
in November 2017, YR–SEA was
It is therefore ordered: ‘‘Denied Persons’’) may not, directly or
operated on international flights
First, that MAHAN AIRWAYS, Mahan indirectly, participate in any way in any
between Baghdad and destinations
Tower, No. 21, Azadegan St., M.A. transaction involving any commodity,
including Beirut, Lebanon and Istanbul,
Jenah Exp. Way, Tehran, Iran; PEJMAN software or technology (hereinafter
31 Publicly available flight tracking information MAHMOOD KOSARAYANIFARD A/K/ collectively referred to as ‘‘item’’)
shows that on June 22, 2017, EP–MME (MSN 371) A KOSARIAN FARD, P.O. Box 52404, exported or to be exported from the
flew from Moscow, Russia to Tehran, Iran. Dubai, United Arab Emirates; United States that is subject to the
Additionally, between June 19, 2017, and June 20, Export Administration Regulations
2017, EP–MMQ (MSN 449), an Airbus A430 also
MAHMOUD AMINI, G#22 Dubai
obtained from or through Al Naser Airlines, flew on Airport Free Zone, P.O. Box 393754, (‘‘EAR’’), or in any other activity subject
routes between Shanghai, China and Tehran, Iran. Dubai, United Arab Emirates, and P.O. to the EAR including, but not limited to:
Similar flight tracking information shows that on Box 52404, Dubai, United Arab A. Applying for, obtaining, or using
June 20, 2017, EP–MNK (MSN 618), an Airbus A300 any license, License Exception, or
originally acquired by Mahan via a Ukrainian Emirates, and Mohamed Abdulla Alqaz
company, flew between Kabul, Afghanistan and Building, Al Maktoum Street, Al Rigga, export control document;
Mashhad, Iran. Dubai, United Arab Emirates; KERMAN B. Carrying on negotiations
32 For example, publicly available flight tracking
AVIATION A/K/A GIE KERMAN concerning, or ordering, buying,
information shows that on December 17, 2017, EP– receiving, using, selling, delivering,
MNV (MSN 567) flew from Lahore, Pakistan to
AVIATION, 42 Avenue Montaigne
Tehran, Iran. On December 18–19, 2017, EP–MMQ 75008, Paris, France; SIRJANCO storing, disposing of, forwarding,
(MSN 449) flew on routes between Istanbul, Turkey TRADING LLC, P.O. Box 8709, Dubai, transporting, financing, or otherwise
and Tehran, Iran. Additionally, on December 17, United Arab Emirates; MAHAN AIR servicing in any way, any transaction
2017, EP–MNK (MSN 618), an Airbus A300
originally acquired by Mahan via a Ukrainian GENERAL TRADING LLC, 19th Floor Al involving any item exported or to be
company, flew on routes between Baghdad, Iraq Moosa Tower One, Sheik Zayed Road, exported from the United States that is
and Mashhad, Iran. Dubai 40594, United Arab Emirates; subject to the EAR, or in any other
33 The Airbus A320 is powered with U.S.-origin
MEHDI BAHRAMI, Mahan Airways- activity subject to the EAR; or
ethrower on DSK3G9T082PROD with NOTICES

engines, which are subject to the EAR and classified
under Export Control Classification (‘‘ECCN’’)
Istanbul Office, Cumhuriye Cad. Sibil C. Benefitting in any way from any
9A991.d. The engines are valued at more than 10 Apt No: 101 D:6, 34374 Emadad, Sisli transaction involving any item exported
percent of the total value of the aircraft, which Istanbul, Turkey; AL NASER AIRLINES or to be exported from the United States
consequently is subject to the EAR. The aircraft is A/K/A AL–NASER AIRLINES A/K/A that is subject to the EAR, or in any
classified under ECCN 9A991.b., and its export or other activity subject to the EAR.
reexport to Iran would require U.S. Government
AL NASER WINGS AIRLINE A/K/A
authorization pursuant to Sections 742.8 and 746.7 ALNASER AIRLINES AND AIR Second, that no person may, directly
of the Regulations. FREIGHT LTD., Home 46, Al-Karrada, or indirectly, do any of the following:

VerDate Sep<11>2014 20:09 Dec 28, 2017 Jkt 244001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\29DEN1.SGM 29DEN1

Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Notices 61751

A. Export or reexport to or on behalf Sirjanco Trading LLC, Mahan Air publishing a notice of continuation of
of a Denied Person any item subject to General Trading LLC, Mehdi Bahrami, these orders.
the EAR; Sky Blue Bird Group, and/or Issam DATES: Effective December 29, 2017.
B. Take any action that facilitates the Shammout may, at any time, appeal FOR FURTHER INFORMATION CONTACT:
acquisition or attempted acquisition by their inclusion as a related person by Madeline Heeren, AD/CVD Operations,
a Denied Person of the ownership, filing a full written statement in support Office VI, Enforcement and Compliance,
possession, or control of any item of the appeal with the Office of the International Trade Administration,
subject to the EAR that has been or will Administrative Law Judge, U.S. Coast U.S. Department of Commerce, 1401
be exported from the United States, Guard ALJ Docketing Center, 40 South Constitution Avenue NW, Washington,
including financing or other support Gay Street, Baltimore, Maryland 21202– DC 20230; telephone (202) 482–9179.
activities related to a transaction 4022. SUPPLEMENTARY INFORMATION:
whereby a Denied Person acquires or In accordance with the provisions of
attempts to acquire such ownership, Section 766.24(d) of the EAR, BIS may Background
possession or control; seek renewal of this Order by filing a On June 2, 2017, the Department
C. Take any action to acquire from or written request not later than 20 days initiated five-year (sunset) reviews of
to facilitate the acquisition or attempted before the expiration date. A renewal the Orders 1 on butt-weld fittings
acquisition from a Denied Person of any request may be opposed by Mahan pursuant to section 751(c) of the Tariff
item subject to the EAR that has been Airways, Al Naser Airlines, Ali Act of 1930, as amended (the Act).2 On
exported from the United States; Abdullah Alhay, and/or Bahar Safwa June 1, 2017, the ITC instituted its
D. Obtain from a Denied Person in the General Trading as provided in Section review of the Orders.3 Commerce
United States any item subject to the 766.24(d), by filing a written submission
EAR with knowledge or reason to know conducted an expedited sunset review
with the Assistant Secretary of of the Orders. As a result of these sunset
that the item will be, or is intended to Commerce for Export Enforcement,
be, exported from the United States; or reviews, Commerce determined that
which must be received not later than revocation of the Orders would likely
E. Engage in any transaction to service seven days before the expiration date of
any item subject to the EAR that has lead to a continuation or recurrence of
the Order.
been or will be exported from the dumping and, therefore, notified the ITC
A copy of this Order shall be provided
United States and which is owned, of the magnitude of the dumping
to Mahan Airways, Al Naser Airlines,
possessed or controlled by a Denied Ali Abdullah Alhay, and Bahar Safwa margins likely to prevail should the
Person, or service any item, of whatever General Trading and each related orders be revoked, pursuant to sections
origin, that is owned, possessed or person, and shall be published in the 751(c)(1) and 752(c)(3) of the Act.4
controlled by a Denied Person if such On December 20, 2017, the ITC
Federal Register. This Order is effective
service involves the use of any item published its determination, pursuant to
immediately and shall remain in effect
subject to the EAR that has been or will section 751(c) and 752(a) of the Act, that
for 180 days.
be exported from the United States. For revocation of the Orders would likely
Dated: December 20, 2017. lead to continuation or recurrence of
purposes of this paragraph, servicing
Richard R. Majauskas, material injury to an industry in the
means installation, maintenance, repair,
Deputy Assistant Secretary of Commerce for United Sates within a reasonably
modification or testing. Export Enforcement performing the non-
Third, that, after notice and foreseeable time.5
exclusive duties and functions of the
opportunity for comment as provided in Assistant Secretary of Commerce for Export Scope of the Orders
section 766.23 of the EAR, any other Enforcement. For purposes of these Orders, the
person, firm, corporation, or business [FR Doc. 2017–28113 Filed 12–28–17; 8:45 am] product covered is certain stainless steel
organization related to a Denied Person BILLING CODE P butt-weld pipe fittings (butt-weld
by affiliation, ownership, control, or
fittings). Butt-weld fittings are under 14
position of responsibility in the conduct
inches in outside diameter (based on
of trade or related services may also be DEPARTMENT OF COMMERCE nominal pipe size), whether finished or
made subject to the provisions of this
unfinished. The product encompasses
Order. International Trade Administration
Fourth, that this Order does not all grades of stainless steel and
prohibit any export, reexport, or other
[A–475–828, A–557–809, A–565–801] ‘‘commodity’’ and ‘‘specialty’’ fittings.
transaction subject to the EAR where the Specifically excluded from the
Stainless Steel Butt-Weld Pipe Fittings
only items involved that are subject to From Italy, Malaysia, and the 1 See Antidumping Duty Orders: Stainless Steel
the EAR are the foreign-produced direct Philippines: Continuation of Butt-Weld Pipe Fittings from Italy, Malaysia, and
product of U.S.-origin technology. Antidumping Duty Orders the Philippines, 66 FR 11257 (February 23, 2001)
In accordance with the provisions of (Orders).
Sections 766.24(e) of the EAR, Mahan AGENCY: Enforcement and Compliance, 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 82

Airways, Al Naser Airlines, Ali International Trade Administration, FR 25599 (June 2, 2017) (Sunset Initiation).
3 See Stainless Steel Butt-Weld Pipe Fittings from
Abdullah Alhay, and/or Bahar Safwa Department of Commerce.
Italy, Malaysia, and the Philippines; Institution of
General Trading may, at any time, SUMMARY: The Department of Commerce Five-Year Reviews, 82 FR 25324 (June 1, 2017).
appeal this Order by filing a full written (Commerce) and the International Trade 4 Certain Stainless Steel Butt-Weld Pipe Fittings

statement in support of the appeal with Commission (the ITC) have determined from Italy, Malaysia, and the Philippines: Final
the Office of the Administrative Law that revocation of the antidumping duty Results of the Expedited Sunset Review of the
ethrower on DSK3G9T082PROD with NOTICES

Antidumping Duty Orders, 82 FR 46763 (October 6,
Judge, U.S. Coast Guard ALJ Docketing orders on stainless steel butt-weld pipe 2017), and accompanying Issues and Decision
Center, 40 South Gay Street, Baltimore, fittings (butt-weld fittings) from Italy, Memorandum.
Maryland 21202–4022. In accordance Malaysia, and the Philippines would 5 See Investigation No. 731–TA–865–867 (Third

with the provisions of Sections likely lead to a continuation or Review), 82 FR 60419 (December 20, 2017), and
USITC Publication 4751 (January 2018), entitled
766.23(c)(2) and 766.24(e)(3) of the EAR, recurrence of dumping and material Stainless Steel Butt-Weld Pipe Fittings from Italy,
Pejman Mahmood Kosarayanifard, injury to an industry in the United Malaysia, and the Philippines: Investigation Nos.
Mahmoud Amini, Kerman Aviation, States. Therefore, Commerce is 731–TA–865–867 (Third Review).

VerDate Sep<11>2014 20:09 Dec 28, 2017 Jkt 244001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\29DEN1.SGM 29DEN1

Document Created: 2018-01-03 13:16:38
Document Modified: 2018-01-03 13:16:38

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 61745

82 FR 61745 - Order Renewing Order Temporarily Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 249 (December 29, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security