[Federal Register Volume 78, Number 27 (Friday, February 8, 2013)]
[Notices]
[Pages 9359-9363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02867]
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DEPARTMENT OF COMMERCE
Bureau of Industry And Security
Order Renewing Order Temporarily Denying Export Privileges and
Making That Temporary Denial of Export Privilges Applicable to an
Additional Related Person
Mahan Airways, Mahan Tower, No. 21, Azadegan St., M.A. Jenah Exp.
Way, Tehran, Iran
Zarand Aviation, a/k/a GIE Zarand Aviation, 42 Avenue Montaigne,
75008 Paris, France and 112 Avenue Kleber, 75116 Paris, France
Gatewick LLC, a/k/a Gatewick Freight & Cargo Services, a/k/a/
Gatewick Aviation Services, G22 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;
Pejman Mahmood Kosarayanifard, a/k/a Kosarian Fard, P.O. Box 52404,
Dubai, United Arab Emirates; Mahmoud Amini, G22 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. P.O. Box 8709, Dubai, United Arab Emirates
Ali Eslamian, 4th Floor, 33 Cavendish Square, London, W1G0PW, United
Kingdom and 2 Bentinck Close, Prince Albert Road St. Johns Wood,
London NW87RY, United Kingdom
Mahan Air General Trading LLC, 19th Floor Al Moosa Tower One Sheik
Zayed Road, Dubai 40594, United Arab Emirates
Skyco (UK) Ltd., 4th Floor, 33 Cavendish Square, London, W1G 0PV,
United Kingdom
Equipco (UK) Ltd., 2 Bentinck Close, Prince Albert Road, London, NW8
7RY, United Kingdom
Mehdi Bahrami, Mahan Airways--Istanbul Office, Cumhuriye Cad. Sibil
Apt No: 101 D:6, 34374 Emadad, Sisli Istanbul, Turkey
Pursuant to Section 766.24 of the Export Administration
Regulations, 15 CFR parts 730-774 (2012) (``EAR'' or the
``Regulations''), I hereby grant the request of the Office of Export
Enforcement (``OEE'') to renew the August 9, 2012 Order Temporarily
Denying the Export Privileges of Mahan Airways, Zarand Aviation,
Gatewick LLC, Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman
Aviation, Sirjanco Trading LLC, Ali Eslamian, Mahan Air General Trading
LLC, Skyco (UK) Ltd., and Equipco (UK) Ltd. I find that renewal of the
Temporary Denial Order (``TDO'') is necessary in the public interest to
prevent an imminent violation of the EAR. Additionally, pursuant to
Section 766.23 of the Regulations, including the provisions of notice
and an opportunity to respond, I find it necessary to add the following
person as a related person in order to prevent evasion of the TDO:
Mehdi Bahrami, Mahan Airways--Istanbul Office, Cumhuriye Cad. Sibil
Apt No: 101 D:6, 34374 Emadad, Sisli Istanbul, Turkey
I. Procedural History
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 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 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 subsequently has been renewed in accordance with Section
766.24(d), including most recently on August 9, 2012, with
modifications and the additions of related persons having been made to
the TDO during 2010, 2011, and most recently on April 9, 2012.\1\ As of
March 9, 2010, the Balli Group Respondents and Blue Airways were no
longer subject to the TDO. As part of the February 25, 2011 TDO
renewal, Gatwick LLC, Mahmoud Amini, and Pejman Mahmood Kasarayanifard
(``Kosarian Fard'') were added as related persons in accordance with
Section 766.23 of the Regulations. On July 1, 2011, the TDO was
modified by adding Zarand Aviation as a respondent in order to prevent
an imminent violation. Specifically, Zarand Aviation owned an Airbus
A310 subject to the Regulations that was being operated for the benefit
of Mahan Airways in violation of both the TDO and the Regulations. As
part of the August 24, 2011 renewal, Kerman Aviation, Sirjanco Trading
LLC, and Ali Eslamian were added to the TDO as related persons. Mahan
Air General Trading LLC, Skyco (UK) Ltd., and Equipco (UK) Ltd. were
added as related persons on April 9, 2012.
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\1\ The August 9, 2012 Order was published in the Federal
Register on August 15, 2012. See 77 F.R. 48,960 (Aug. 15, 2012. The
TDO previously had been renewed on September 17, 2008, March 16,
2009, September 11, 2009, March 9, 2010, September 3, 2010, February
25, 2011, August 24, 2011, and February 15, 2012. The August 24,
2011 renewal followed the modification of the TDO on July 1, 2011,
which added Zarand Aviation as a respondent. Each renewal or
modification order was published in the Federal Register.
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On January 15, 2013, BIS, through its Office of Export Enforcement
(``OEE''), submitted a written request for renewal of the TDO. The
current TDO dated August 9, 2012, will expire on February 4, 2013,
unless renewed on or before that date. Notice of the renewal request
was provided to Mahan Airways and Zarand Aviation by delivery of a copy
of the request in accordance with Sections 766.5 and 766.24(d) of the
Regulations. No opposition to any aspect of the renewal of the TDO has
been received from either Mahan Airways or Zarand Aviation.
Furthermore, no appeal of the related
[[Page 9360]]
person determinations I made as part of the September 3, 2010, February
25, 2011, August 24, 2011, and April 9, 2012 renewal or modification
orders has been made by Gatewick LLC, Kosarian Fard, Mahmoud Amini,
Kerman Aviation, Sirjanco Trading LLC, Ali Eslamian, Mahan Air General
Trading LLC, Skyco (UK) Ltd., or Equipco (UK) Ltd.\2\
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\2\ 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).
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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
776.24(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 charges is significant, 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 TDO renewals in this matter and the
evidence developed over the course of this investigation indicating 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 TDO 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.\3\ 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 (including EP-MNA and EP-MNB), and
continued to operate at least two of them in violation of the
Regulations and the TDO,\4\ while also committing an additional knowing
and willful violation of the Regulations and the TDO 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.
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\3\ Engaging in conduct prohibited by a denial order violates
the Regulations. 15 CFR 764.2(a) and (k).
\4\ 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.
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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 in violation of the TDO 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 is 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.\5\
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\5\ Two of these three 747s have since been removed from Iran
and are no longer in Mahan Airways' possession. The third remains in
Iran under Mahan's control.
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More recently, as noted in the July 1, 2011 and August 24, 2011
Orders, Mahan Airways has continued to evade U.S. export control laws
by operating two Airbus A310 aircraft \6\ bearing Mahan Airways'
livery, colors and logo, on flights into and out of Iran. The aircraft
are owned, respectively, by Zarand Aviation and Kerman Aviation,
entities whose corporate registrations both list Mahan Air General
Trading as a member of their Groupement D'interet Economique
(``Economic Interest Group'').\7\
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\6\ 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 reexport of these
aircraft to Iran requires U.S. Government authorization pursuant to
Section 746.7 of the Regulations.
\7\ Kerman Aviation's corporate registration also lists Mahan
Aviation Services Company as an additional member of its Economic
Interest Group.
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At the time of the July 1, 2011 and August 24, 2011 Orders, these
Airbus
[[Page 9361]]
A310s were registered in France, with tail numbers F-OJHH and F-OJHI,
respectively. OEE subsequently presented evidence that after the August
24, 2011 renewal, Mahan Airways and Zarand Aviation worked in concert,
along with Kerman Aviation, 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 that the registration switch for these
A310s was cancelled; however, both aircraft continued to actively fly
for Mahan Airways under the original French tail numbers.
The August 2012 Renewal Order found that Mahan Airways had acquired
an additional Airbus A310 aircraft (Manufacturer Serial Number 499)
with the Iranian registered tail number EP-VIP, in violation of the
TDO.\8\ Open source information submitted by OEE indicated that an A310
with a German Air Force designation of 10-22 had served as the German
``presidential'' aircraft and had been sold in Germany as surplus in
late 2011, then re-sold shortly thereafter to what was identified as an
Eastern European investment group, and then re-sold again and
transported to Mahan Airways in Iran via the Ukraine. This acquisition
and reexport by and/or for Mahan Airways violated the TDO and the
Regulations.
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\8\ The Airbus A310 is powered with U.S.-origin engines. The
engines are subject to the EAR and classified under Export Control
Classification (``ECCN'') 9A991.d. The Airbus A310 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.
The aircraft is classified under ECCN 9A991.b. The reexport of this
aircraft to Iran requires U.S. Government authorization pursuant to
Section 746.7 of the Regulations.
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The August 2012 Renewal Order also discussed additional evidence
relating to efforts by related persons, including Ali Eslamian, to
procure aircraft and aircraft parts for Mahan Airways in violation of
the TDO and the Regulations. OEE's January 15, 2013 renewal request
similarly presents further evidence of continued and additional
violations, including continuing efforts by Mahan Airways and others
persons acting in concert with Mahan to procure U.S.-origin engines and
other aircraft parts subject to the Regulations.
OEE's current submission includes evidence showing that in July
2012, a Turkish company (``Turkish Company No. 1'') purchased a U.S.-
origin Turbojet aircraft engine (Serial Number 517-621) for Mahan
Airways from a U.S company. To prevent the engine from being delivered
to Mahan Airways, OEE issued a redelivery order to the freight
forwarder on July 25, 2012, in accordance with Section 758.8 of the
Regulations.\9\ The freight forwarder returned the item to the United
States from Turkey. In or about July and August 2012, Turkish Company
No. 1 attempted to acquire for reexport to Mahan another U.S.-origin
aircraft engine (Serial number 517-738), which had previously been
exported from the United States. OEE promptly issued a redelivery order
for this engine to Turkish Company No. 1 on July 30, 2012. Subsequent
to the August 2012 Renewal Order, the owner of that engine cancelled
the sale and retained the engine. 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.
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\9\ The renewal request that led to the renewal of this TDO on
August 9, 2012, was submitted before OEE detected this shipment and
issued the redelivery order.
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In addition to these similar, repeated attempts to evade the TDO
and obtain U.S.-origin aircraft engines and parts, Mahan Airways also
has continued to operate multiple aircraft in violation of the TDO and
the Regulations. The two A310s that bear the tail numbers F-OJHH and F-
OJHI and are owned by Zarand Aviation and Kerman Aviation,
respectively, remain listed in active operation in Mahan Airways'
fleet, and other recent open source information indicates that these
aircraft have continued to be flown in and out of Iran. On September
19, 2012, both aircraft were designated as Specially Designated Global
Terrorists (SDGT) by the U.S. Department of the Treasury's Office of
Foreign Assets Control (``OFAC'') pursuant to Executive Order 13324.
See http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/pages/20120919.aspx.\10\
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\10\ Mahan Airways was designated by OFAC as a SDGT on October
18, 2011. 77 Fed. Reg. 64,427 (October 18, 2011).
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A U.S.-origin Boeing 747 (MSN 23480) bearing the Iranian tail
number EP-MNE also remains listed in active operation in Mahan Airways'
fleet. Open source information indicates that this 747, which also was
designated by OFAC as a SDGT on September 19, 2012, is painted in the
livery and logo of Mahan Airways, has been flown between Iran and
Syria, and is suspected of ferrying weapons and/or other equipment to
the Syrian Government from Iran's Islamic Revolutionary Guard Corps.
The unlicensed reexport of this aircraft to Iran and Syria not only
violates both the TDO and the Regulations, but also further damages
U.S. national security and foreign policy interests to the extent this
misconduct has provided weapons or other support to the Assad regime in
Syria or advanced Iranian interests there or in the region.
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 Mahan Airways
has continually violated the EAR and the TDO, that such knowing
violations have been significant, deliberate and covert, and that there
is a likelihood of future violations. Additionally, Zarand Aviation's
Airbus A310 continues to be operated in violation of the TDO.
Therefore, renewal of the TDO is necessary to prevent imminent
violation of the EAR and to give notice to companies and individuals in
the United States and abroad that they should continue to cease dealing
with Mahan Airways, Zarand Aviation, and the other denied persons under
the TDO in export transactions involving items subject to the EAR.
III. Addition of Related Person
Pursuant to Sections 766.23 and 766.24(c) of the Regulations, OEE
has requested that Mehdi Bahrami be added to the TDO as related person
to Mahan Airways, in order to prevent evasion of the TDO.
A. Legal Standard
Section 766.23 of the Regulations provides that ``[i]n order to
prevent evasion, certain types of orders under this part may be made
applicable not only to the respondent, but also to other persons then
or thereafter related to the respondent by ownership, control, position
of responsibility, affiliation, or other connection in the conduct of
trade or business. Orders that may be made applicable to related
persons include those that deny or affect export privileges, including
temporary denial orders * * * .'' 15 CFR 766.23(a). See also 15 CFR
766.24(c) (``A temporary denial order may be made applicable to related
persons in accordance with Sec. 766.23 of this part.'').
B. Analysis and Findings
Via a notice letter sent in accordance with Section 766.23 of the
Regulations on December 31, 2012, OEE provided Mr. Bahrami with notice
of its intent to seek an order adding him to the TDO as a related
person to Mahan Airways, in
[[Page 9362]]
order to prevent evasion. No response has been received from Bahrami.
OEE has presented evidence that Bahrami is a Mahan Airways' Vice-
President and Regional Manager for Turkey and Europe, and is based in
Mahan Airways' Istanbul office. As discussed supra, Mahan Airways has
made repeated recent attempts to evade the TDO by procuring, via
Turkey, U.S.-origin aircraft engines and other aircraft parts in
violation of the TDO and the Regulations. In addition, as summarized
supra, Mahan Airways previously procured an A310 subject to the
Regulations from Germany, via the Ukraine.
OEE also has presented evidence showing that Bahrami was at least
aware of Ali Eslamian's attempt to procure a U.S.-origin aircraft
engine from Brazil, via Turkey, for Mahan Airways, as described in
detail in the August 9, 2012 Renewal Order.\11\ OEE also has obtained
and submitted a copy of a witness statement signed and dated by Bahrami
as of May 31, 2009, that was entered into evidence by Mahan Airways in
the U.K. litigation between Mahan and the Balli Group regarding
Aircraft 1-3. In that witness statement, Bahrami testified, inter alia,
that he had joined Mahan in Airways in 1997 and that, in addition to
his positions directly with Mahan Airways, he was the director and sole
shareholder of Blue Sky Aviation FZE, which he stated ``[was] and
always [had] been, for all purposes owned and controlled by Mahan
Air.'' Bahrami Witness Statement, at ]] 1-2, 4. He further testified
that Blue Sky Aviation FZE's ``role in the acquisition of three Boeing
747[s] is clear and obvious from all the documents signed on its
behalf[,]'' that it had ``acted at all times on the instructions of
senior management at Mahan and got full legal tile to the three Boeing
747 aircraft in October 2008[,]'' and thereafter had ``dry leased the
aircraft to Mahan Air[.]'' Id., at ]] 5-6.
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\11\ Among other things, Eslamian signed a letter of intent with
a Brazilian airline on November 20, 2009, and subsequently signed a
sales and purchase agreement for the engine in April 2010.
Eslamian's efforts to acquire the engine for Mahan Airways continued
at least as recently as December 2011.
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Given Bahrami's management position with regard to Mahan Airways'
operations in Turkey and Europe and Mahan's continuing efforts to
procure U.S.-origin aircraft and engines from or via Turkey and Europe,
as well as Bahrami's prior role in the acquisition and leasing to Mahan
of the three Boeing 747s (Aircraft 1-3) that originated this TDO, and
his demonstrated, long-standing willingness to act in concert with and
at the direction of Mahan's senior management in Tehran, it is clear
that he is a related person to Mahan and that a significant risk of
evasion and further violations exist absent his addition to the TDO.
In sum, I find pursuant to Section 766.23 that Mehdi Bahrami is a
related person to Mahan Airways and that his addition to the TDO is
necessary to prevent evasion of the TDO.
IV. Order
It is therefore ordered:
First, that MAHAN AIRWAYS, Mahan Tower, No. 21, Azadegan St., M.A.
Jenah Exp. Way, Tehran, Iran; ZARAND AVIATION A/K/A GIE ZARAND
AVIATION, 42 Avenue Montaigne, 75008 Paris, France, and 112 Avenue
Kleber, 75116 Paris, France; GATEWICK LLC, A/K/A GATEWICK FREIGHT &
CARGO SERVICES, A/K/A GATEWICK AVIATION SERVICE, G22 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;
PEJMAN MAHMOOD KOSARAYANIFARD A/K/A KOSARIAN FARD, P.O. Box 52404,
Dubai, United Arab Emirates; MAHMOUD AMINI, G22 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; ALI ESLAMIAN, 4th Floor, 33 Cavendish Square, London W1G0PW,
United Kingdom, and 2 Bentinck Close, Prince Albert Road St. Johns
Wood, London NW87RY, United Kingdom; MAHAN AIR GENERAL TRADING LLC,
19th Floor Al Moosa Tower One, Sheik Zayed Road, Dubai 40594, United
Arab Emirates; SKYCO (UK) LTD., 4th Floor, 33 Cavendish Square, London,
W1G 0PV, United Kingdom; EQUIPCO (UK) LTD., 2 Bentinck Close, Prince
Albert Road, London, NW8 7RY, United Kingdom; and MEDHI BAHRAMI,, Mahan
Airways- Istanbul Office, Cumhuriye Cad. Sibil Apt No: 101 D:6, 34374
Emadad, Sisli 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. Benefiting 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:
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,
[[Page 9363]]
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 and/or Zarand Aviation 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, Gatewick LLC, Mahmoud Amini, Kosarian Fard,
Kerman Aviation, Sirjanco Trading LLC, Ali Eslamian, Mahan Air General
Trading LLC, Skyco (UK) Ltd., Equipco (UK) Ltd., and/or Medhi Bahrami
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 and/or Zarand Aviation 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, Zarand
Aviation 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: February 4, 2013.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2013-02867 Filed 2-7-13; 8:45 am]
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