[Federal Register Volume 79, Number 145 (Tuesday, July 29, 2014)]
[Notices]
[Pages 44002-44006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17798]
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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
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 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
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 (2014) (``EAR'' or the
``Regulations''), I hereby grant the request of the Office of Export
Enforcement (``OEE'') to renew the January 24, 2014 Order Temporarily
Denying the Export Privileges of Mahan Airways, Gatewick LLC, Pejman
Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco
Trading LLC, Ali Eslamian, Mahan Air General Trading LLC, Skyco (UK)
Ltd., Equipco (UK) Ltd., and Mehdi Bahrami.\1\ I find that renewal of
the Temporary Denial Order (``TDO'') is necessary in the public
interest to prevent an imminent violation of the EAR.
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\1\ See note 3, infra.
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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
[[Page 44003]]
January 24, 2014.\2\ 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, Gatewick LLC, Mahmoud Amini, and Pejman
Mahmood Kosarayanifard (``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. 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. Mehdi Bahrami was added to the TDO as a
related person as part of the February 4, 2013 renewal order.
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\2\ The January 24, 2014 Order was published in the Federal
Register on January 30, 2014. 79 FR 4871 (Jan. 30, 2014). 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, February 15, 2012, August 9, 2012, February
4, 2013, and July 31, 2013. 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 July 1, 2014, BIS, through its Office of Export Enforcement
(``OEE''), submitted a written request for renewal of the TDO.\3\ The
current TDO dated January 24, 2014, will expire on July 22, 2014,
unless renewed on or before that date. Notice of the renewal request
was provided to Mahan Airways in accordance with Sections 766.5 and
766.24(d) of the Regulations. No opposition to the renewal of the TDO
has been received from Mahan. Furthermore, no appeal of the related
person determinations I made as part of the September 3, 2010, February
25, 2011, August 24, 2011, April 9, 2012, and February 4, 2013 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., Equipco (UK) Ltd., or
Mehdi Bahrami.\4\
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\3\ The July 1, 2014 renewal request sought renewal as to all
parties subject to the January 24, 2014 Order, including Zarand
Aviation. Upon further review and consideration, OEE has withdrawn
its request that the TDO be renewed as to Zarand Aviation. No other
aspect of the renewal request is affected by the withdrawal as to
Zarand.
\4\ 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 Sec. Sec.
766.24(b)(1) and 776.24(d). ``A violation may be `imminent' either in
time or degree of likelihood.'' 15 CFR Sec. 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,
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 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.\5\ 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,\6\ 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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\5\ Engaging in conduct prohibited by a denial order violates
the Regulations. 15 CFR Sec. Sec. 764.2(a) and (k).
\6\ 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
[[Page 44004]]
only participated in the transaction, but also has stated to BIS that
it acts 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 Airway's possession. The third of
these 747s, with Manufacturer's Serial Number (``MSN'') 23480 and
Iranian tail number EP-MNE, remains 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.\7\ Furthermore, as discussed in the February 4, 2013 Order, open
source information indicated that this 747, which is painted in the
livery and logo of Mahan Airways, has 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 remained in active
operation in Mahan Airways' fleet and had flown from Iran to Syria as
recently as June 30, 2013.
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\7\ See http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/pages/20120919.aspx.
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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,
colors and logo, on flights into and out of Iran.\8\ 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.\9\
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\8\ 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.
\9\ 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).
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The August 2012 renewal order also found that Mahan Airways had
acquired another Airbus A310 aircraft subject to the Regulations,\10\
with MSN 499 and Iranian tail number EP-VIP, in violation of the TDO
and the Regulations. On September 19, 2012, all three Airbus A310
aircraft (tail numbers F-OJHH, F-OJHI, and EP-VIP) were designated as
SDGTs.\11\
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\10\ See note 8, supra.
\11\ 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).
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The February 4, 2013 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 (MSNs 517621 and 517738) and
other aircraft parts in violation of the TDO and the Regulations.\12\
The February 4, 2013 renewal 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.
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\12\ Kral Aviation was referenced in the February 4, 2013 Order
as ``Turkish Company No. 1.'' Kral Aviation purchased a GE CF6-50C2
aircraft engine (MSN517621) 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 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 Sec. 744.11.
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The July 31, 2013 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 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 has
conducted Mahan related business with Mehdi Bahrami and Ali Eslamian.
Moreover, as referenced in the July 31, 2013 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 is the listed owner are ``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[.]'' \13\
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\13\ 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).
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The January 24, 2014 Order outlines 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, including, but not limited to, a vertical navigation gyroscope,
a transmitter, and a power control unit, items subject to the
[[Page 44005]]
Regulations, being transported by Mahan from Turkey to Iran in
violation of the TDO.
OEE's on-going investigation and current renewal request include
evidence discovered or obtained after the January 24, 2014 Order was
issued that further establishes Mahan Airways' efforts to obtain and
operate aircraft subject to the EAR in violation of the TDO and the
Regulations. Open source evidence from the March-June 2014 time period
shows two BAE regional jets painted in the livery and logo of Mahan
Airways and operating under Iranian tail numbers EP-MOK and EP-MOI,
respectively. In addition, aviation industry resources indicate 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 on August 15, 2011, for acting
contrary to the national security and foreign policy interests of the
United States.\14\ These BAE jets are subject to the EAR and their
acquisition and/or operation by Mahan Airways violates the TDO.\15\
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\14\ Supplement No. 4 to Part 744 of the Regulations. See 76 FR
50407 (Aug. 15, 2011).
\15\ 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 reexport of these aircraft to Iran requires U.S.
Government authorization pursuant to Section 746.7 of the
Regulations.
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Open source evidence from the April-June 2014 time period likewise
shows two Airbus 320 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 shows 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, for acting contrary to the national
security and foreign policy interests of the United States.\16\ These
Airbus 320 aircraft are also subject to the EAR.\17\
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\16\ Supplement No. 4 to Part 744 of the Regulations. See 76 FR
50407 (Aug. 15, 2011).
\17\ The Airbus A320s 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
reexport of these aircraft to Iran requires U.S. Government
authorization pursuant to Section 746.7 of the Regulations.
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This evidence shows that Mahan Airways has continued its pattern of
acquiring and attempting to acquire, via third countries, both U.S.-
origin jet aircraft and other jet aircraft subject to the Regulations
with the intent to own, control and/or operate the aircraft in
violation of both the TDO and Regulations. Mahan Airways similarly
continues to publically list a number of other such aircraft including
at least one Boeing 747 and Airbus 310s in its active fleet.
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. OEE's on-going investigation
continues to reveal or discover additional attempts by Mahan to acquire
items subject to the Regulations through its extensive network of
agents and affiliates in third countries. 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 and the
other denied persons under the TDO in export transactions involving
items subject to the EAR.
IV. ORDER
It is therefore ordered: First, that MAHAN AIRWAYS, Mahan Tower,
No. 21, Azadegan St., M.A. Jenah Exp. Way, Tehran, Iran; 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 MEHDI 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. 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:
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
[[Page 44006]]
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 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, Pejman Mahmood Kosarayanifard, Kerman
Aviation, Sirjanco Trading LLC, Ali Eslamian, Mahan Air General Trading
LLC, Skyco (UK) Ltd., Equipco (UK) Ltd., and/or Mehdi 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 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 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: July 22, 2014.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2014-17798 Filed 7-28-14; 8:45 a.m.]
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