[Federal Register Volume 66, Number 56 (Thursday, March 22, 2001)]
[Notices]
[Pages 16034-16035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7130]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Mahmood Reza Hashemi

Order

    In the Matter of: Mahmood Reza Hashemi 193 Route 46 Budd Lake, 
New Jersey 0728, Respondent.

    The Office of Export Enforcement, Bureau of Export Administration, 
United States Department of Commerce (BXA), having notified Mahmood 
Reza Hashemi (Hashemi) of its intention to initiate an administrative 
proceeding against Hashemi pursuant to Section 13(c) of the Export 
Administration Act of 1979, as amended (50 U.S.C.A. app. Secs. 2401-
2420 (1991, Supp. 2000 and Pub. L. No. 106-508)) (the Act), \1\ and the 
Export Administration Regulations (currently codified at 15 CFR Parts 
730-776 (2000)) (the Regulations), \2\ based on allegations that, on or 
about May 5, 1998 and on or about August 10, 1998, Hashemi attempted to 
export U.S.-origin Gastesters from the United States through Germany to 
Iran without obtaining the authorization required by Section 746.7 of 
the Regulations, in violation of Section 764.2(a) of the Regulations; 
and
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    \1\ During the time of the Act's lapse (August 20, 1994 through 
November 12, 2000), the President, through Executive Order 12924 (3 
CFR, 1994 Comp. 917 (1995)), which had been extended by successive 
Presidential Notices, the most recent being that of August 3, 2000 
(65 Fed. Reg. 48347, August 8, 2000), continued the Regulations in 
effect under the International Emergency Economic Powers Act (50 
U.S.C.A. Secs. 1701-1706 (1992 & Supp. 2000)).
    \2\ The Regulations governing the violations at issue are found 
in the 1998 version of the Code of Federal Regulations. Those 
Regulations are codified at 15 CFR parts 730-776 (1998) and, to the 
degree to which they pertain to this matter, are substantially the 
same as the 2000 version.
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    BXA and Hashemi having entered into a Settlement Agreement pursuant 
to Section 766.18(a) of the Regulations whereby they agreed to settle 
this matter in accordance with the terms and conditions set forth 
therein, and the terms of the Settlement Agreement having been approved 
by me;
    It Is Therefore Ordered:
    First, Mahmood Reza Hashemi, 193 Route 46, Budd Lake, New Jersey, 
and all of his successors and assigns, officers, representatives, 
agents and employees, may not, for a period of 10 years from the date 
of this Order, participate, directly or indirectly, 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 Regulations, or 
in any other activity subject to the Regulations, 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 Regulations, or in any other 
activity subject to the Regulations; 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 Regulations, or in any other activity subject to the Regulations.
    Second, that no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport to or on behalf of the denied person any item 
subject to the Regulations;
    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 Regulations 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 the denied person of any item subject to 
the Regulations that has been exported from the United states;
    D. Obtain from the denied person in the United States any item 
subject to the Regulations 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 
Regulations that has been or will be exported from the

[[Page 16035]]

United States that 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 Regulations 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 Regulations, any person, firm, corporation, or 
business organization related to the 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 as authorized by Section 766.18(c) of the Regulations, 
the last five years of the denial period set forth in paragraph FIRST 
shall be suspended for a period of five years beginning five years from 
the date of the entry of this Order and shall thereafter be waived, 
provided that during the period of suspension, Hashemi has committed no 
violation of the Act or any regulation, order or license issued 
thereunder.
    Fifth, that the proposed Charging Letter, the Settlement Agreement, 
and this Order shall be made available to the public.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.

    Entered this 12th day of March, 2001.
Lisa A. Prager,
Acting Assistant Secretary for Export Enforcement.
[FR Doc. 01-7130 Filed 3-21-01; 8:45 am]
BILLING CODE 3510-DT-M