[Federal Register Volume 67, Number 47 (Monday, March 11, 2002)]
[Notices]
[Pages 10890-10892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5670]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Infocom Corporation, Inc., 
Tetrabal Corporation, Ihsan Medhat ``Sammy'' Elashi, Also Known as I. 
Ash and Haydee Herrera and Doing Business as Kayali Corp.; Abdulah Al 
Nasser, Maysson Al Kayali, Mynet. Net Corp. Bayan Medhat Elashi, 
Ghassan Elashi, Basman Medhat Elashi, Hazim Elashi, Fadwa Elafrangi; 
Renewal of Order Temporarily Denying Export Privileges

    In the Matter of: Infocom Corporation, Inc., 630 International 
Parkway, Suite 100, Richardson, Texas 75081; Tetrabal Corporation, 
Inc., 605 Trail Lake Drive, Richardson, Texas 75081, and 908 Audelia 
Road, Suite 200, PMB #245, Richardson, Texas 75081, and Ihsan Medhat 
``Sammy'' Elashi also known as: I. Ash and Haydee Herrera, and doing 
business as Kayali Corp., 605 Trail Lake Drive, Richardson, Texas 
75081 and 908 Audelia Road, Suite 200, PMB #245, Richardson, Texas 
75081; Respondents Abdulah Al Nasser, 605 Trail Lake Drive, 
Richardson, Texas 75081 and 908 Audelia Road, Suite 200, PMB #245, 
Richardson, Texas 75081; Maysoon Al Kayali, 605 Trail Lake Drive, 
Richardson, Texas 75081 and 908 Audelia Road, Suite 200, PMB #245, 
Richardson, Texas 75081; Mynet.Net Corp, Richardson, Texas 75081 and 
908 Audelia Road, Suite 200, PMB #245, Richardson, Texas 75081; 
Bayan Medhat Elashi, 1810 Auburn, Richardson, Texas 75081; Ghassan 
Elashi, 304 Town House Lane, Richardson, Texas 75081; Basman Medhat 
Elashi, 1506

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Willow Crest Drive, Richardson, Texas 75081; Hazim Elashi, 937 Stone 
Trail Drive, Plano, Texas 75023; Fadwa Elafrangi, 306 Town House 
Lane, Richardson, Texas 75081; Related persons.

    Through the Office of Export Enforcement (``OEE''), the Bureau of 
Export Administration (``BXA''), United States Department of Commerce, 
has asked me to renew and modify the order pursuant to Section 766.24 
of the Export Administration Regulations (currently codified at 15 CFR 
parts 730-774 (2001)) (``EAR'' or ``Regulations''),\1\ temporarily 
denying all United States export privileges to Infocom Corporation, 
Inc., 630 International Parkway, Suite 100, Richardson, Texas 75081 
(``Infocom'') that was issued on September 6, 2001.\2\ BXA has asked 
that I modify the order by naming Tetrabal Corporation, Inc. 
(``Tetrabal'') and Ihsan Medhat ``Sammy'' Elashi (``Ihsan Elashi'') as 
respondents rather than related persons, and that I list modified 
addresses and aliases as set out in the caption of this order. Further, 
BXA has asked that I add the following related persons: Abdulah Al 
Nasser; Maysoon Al Kayali; and Mynet.Net Corp, all with addreses at: 
605 Trail Lake Drive, Richardson, Texas 75081 and 908 Audelia Road, 
Suite 200, PMB #245, Richardson, Texas 75081.
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    \1\ The Regulations were issued pursuant to the Export 
Administration Act of 1979 (``Act''), 50 U.S.C. app. sections 2401-
2420 (1994 & Supp. IV 1998), as reauthorized by Act of November 13, 
2000, Pub. L. 106-508, 114 Stat. 2360. The Act lapsed on August 20, 
2001. Pursuant to the International Emergency Economic Powers Act 
(50 U.S.C. 1701-1706 (1994 & Supp. IV 1998)), the President, through 
Executive Order 13222 of August 17, 2001 (66 FR 44025 (August 22, 
2001)), has continued the Regulations in force.
    \2\ On February 27, 2002, Counsel for Infocom filed Opposition 
of Infocom Corporation, Inc., Bayan Medhat Elashi, Ghassan Elashi 
and Basman Medhat Elashi (``The Three Brothers'') to Renewal of 
Order Temporarily Denying Export Privileges. On March 1, 2002, 
counsel for OEE filed ``Response to Opposition of Infocom 
Corporation, Inc, et al. to Renewal Order Temporarily Denying Export 
Privileges (TDO)'' (``OEE Response''). The OEE Response argues that 
The Three Brothers lack standing because they are ``Related 
Persons'' in the September 6th Order and, as such, may not oppose 
Renewal of the Order. OEE cites Sec. 766.2(3)(c) of the EAR as 
authority for its position. I find the arguments raised by OEE on 
this issue, both in its pleadings and at oral argument, to be 
persuasive. Only Infocom has standing to oppose Renewal of the TDO.
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    In its request, BXA states that, based upon the evidence previously 
adduced and the continuing investigation by OEE, BXA believes that 
Infocom, Tetrabal, and Ihsan Elashi have violated the Regulations by 
shipping and attempting to ship goods to Libya and Syria without 
obtaining the necessary authorizations from BXA and further violated 
the Regulations by shipping goods in violation of the original denial 
order. Since the September 6 order, Ihsan Elashi has made at least 10 
exports of computer equipment that violated the order. Abdulah Al 
Nasser and Maysoon Al Kayali assisted Ihsan Elashi in making some of 
these exports in violation of the denial order. Additionally, Ihsan 
Elashi used Mynet.net as the exporter for at least one of the 
shipments. In several of these exports, Ihsan Elashi used concealment 
and subterfuge to attempt to conceal his exports which violated the 
terms of the September 6 order.
    The Assistant Secretary for Export Enforcement previously found the 
TDO was consistent with the public interest to preclude future 
violations of the Regulations. I find that the need for the TDO 
continues. The evidence that Infocom commited repeated violations of 
the Regulations that were deliberate and covert, that it actively 
sought to engage in further export transacitons, that, given the nature 
of the items shipped, future violations could go undetected makes it 
necessary to give notice to companies in the United States and abroad 
that they should cease dealing with the respondents in export 
transactions involving U.S.-origin items, and that Infocom has 
continued doing business with Ihsan Elashi and Tetrabal. The need for 
the continuation of the TDO and the naming of Ihsan Elashi and Tetrabal 
as denied persons is also established by the flagrant violations of the 
order that have ocurred more recently. A TDO that also names Ihsan 
Elashi and Tetrabal is clearly consistent with the public interest to 
preclude future violations of the Regulations.
    Accordingly, I am renewing this order with the amendments requested 
by BXA because I have concluded that a TDO is necessary, in the public 
interest, to prevent an imminent violation of the Regulations.
    It is therefore ordered: First, that Infocom Corporation, Inc., 630 
International Parkway, Suite 100, Richardson, Texas 75081, Tetrabal 
Corporation, Inc., 605 Trail Lake Drive, Richardson, Texas 75081 and 
908 Audelia Road, Suite 200, PMB #245, Richardson, Texas 75081, and 
Ihsan Medhat ``Sammy'' Elashi, also known as I. Ash and Haydee Herrera, 
same addresses as Tetrabal, (collectively, ``the denied persons'') and 
the following persons subject to the order by their relationship to the 
denied person Bayan Medhat Elashi, 810 Auburn, Richardson, Texas 75081; 
Ghassan Elashi, 304 Town House Lane, Richardson, Texas 75081; Basman 
Medhat Elashi, 1506 Willow Crest Drive, Richardson, Texas 75081; Hazim 
Elashi, 937 Stone Trail Drive, Plano, Texas 75023; Fadwa Elafrangi; 306 
Town House Lane; Richardson, Texas 75081, and Abdulah Al Nasser, 
Maysoon Al Kayali, and Mynet.net Corp, all three at the same addresses 
as Tetrabal, (``the related persons'') (together, the denied person and 
the related persons are ``persons subject to this order'') 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 person subject to this 
order any item subject to the EAR;
    B. Take any action that facilities the acquisition or attempted 
acquisition by a person subject to this order 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 person subject to 
this order 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 person subject to this order of any 
item subject to the EAR that has been exported from the United States;
    D. Obtain from a person subject to this order in the United States 
any item subject to the EAR with knowledge or reason to know that the 
item will be, or is intended to be, exported from the United States; or
    E. Engage in any transaction to service any item subject to the EAR 
that has been or will be exported from the United States and which is 
owned,

[[Page 10892]]

possessed or controlled by a person subject to this order, or service 
any item, of whatever origin, that is owned, possessed or controlled by 
a person subject to this order 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, in addition to the related persons named above, 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 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 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 Section 766.24(e) of the 
Regulations, Infocom, Tetrabal, or Ihsan Elashi 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. A related person may appeal to the Administrative Law Judge 
at the aforesaid address in accordance with the provisions of Section 
766.23(c) of the Regulations.
    This Order is effective on March 4, 2002 and shall remain in effect 
for 180 days.
    In accordance with the provisions of Section 766.24(d) of the 
Regulations, BXA may seek renewal of this Order by filing a written 
request not later than 20 days before the expiration date. Infocom, 
Tetrabal, or Ihsan Elashi may oppose a request to renew this Order by 
filing a written submission with the Assistant Secretary 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 served on Infocom, Tetrabal, and 
Ihsan Elashi and each related person and shall be published in the 
Federal Register.

    Entered this 4th day of March, 2002.
Lisa A. Prager,
Acting Assistant Secretary for Export Enforcement.
[FR Doc. 02-5670 Filed 3-8-02; 8:45 am]
BILLING CODE 3510-DT-M