[Federal Register Volume 67, Number 193 (Friday, October 4, 2002)]
[Notices]
[Pages 62225-62226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25221]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Yaudat Mustafa Talyi, and 
International Business Services, Ltd. and Top Oil Tools, Ltd.; Order 
Temporarily Denying Export Privileges

    Through the Office of Export Enforcement (``OEE,''), the Bureau of 
Industry and Security (``BIS''), U.S. Department of Commerce, has 
requested that I issue an order pursuant to Sec.  766.24 of the Export 
Administration Regulations (currently codified at 15 CFR 730-774 
(2002)) (``EAR''),\1\ temporarily denying all U.S. export privileges of 
Yuadat Mustafa Talyi, a.k.a. Joseph Talyi, 888 Cross Gates Boulevard, 
Slidell, Louisiana 70458 (``Talyi''), and International Business 
Services, Ltd., 700 Gause Boulevard, Suite 304, Slidell, Louisiana 
70458, and, 41 Chamale Cove East, Slidell, Louisiana 70460 (``IBS''). 
BIS has also requested that, pursuant to Sec. Sec.  766.24(c) and 
766.23 of the EAR, the order apply to the following person who is 
related to IBS and Talyi: Top Oil Tools, Ltd., 41 Chamale Cove East, 
Slidell, Louisiana 70460.
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    \1\ From August 21, 1994 through November 12, 2000, the Act was 
in lapse. During that period, the President, through Executive Order 
12924, which had been extended by successive Presidential Notices, 
the last of which was August 3, 2000 (3 CFR, 2000 Comp. 397 (2001)), 
continue the EAR in effect under the International Emergency 
Economic Powers Act (50 U.S.C. 1701-1706 (1994 & Supp. V 1999)) 
(``IEEPA''). On November 13, 2000, the Act was reauthorized and it 
remained in effect through August 20, 2001. 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)), as extended 
by the Notice of August 14, 2002 (67 FR 53721 (August 16, 2002)), 
has continued the EAR in effect under IEEPA.
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    In its request, BIS states that, based upon an investigation by 
OEE, it believes the Talyi, acting through his company IBS, has 
repeatedly attempted to export U.S.-origin items to Libya and Sudan 
over the past nine years by misrepresenting, deceiving, and lying to 
suppliers of the U.S.-origin items regarding the ultimate destination 
and end-user of the items, and despite repeated advice from several 
U.S. suppliers that his proposed activity would be a violation of U.S. 
export control laws. BIS further states that the evidence establishes 
that on at least three occasions, Talyi exported or participated in the 
export of U.S.-origin items, through his company IBS, to Libya and 
Sudan without obtaining the necessary authorizations from BIS or the 
Treasury Department's Office of Foreign Assets Control (``OFAC'').

[[Page 62226]]

    Thus, OEE's investigation demonstrates that Talyi, through IBS, has 
repeatedly attempted to export items to Libya and Sudan by 
misrepresenting, deceiving, or lying to U.S. equipment supplies 
regarding the ultimate destination of end-user since as far back as 
1993, in clear violation of U.S. export control laws, and, that Talyi 
has exported or participated in the export of U.S.-origin items without 
obtaining necessary authorizations from BIS or the Treasury 
Department's OFAC.
    OEE's investigation has disclosed the Top Oil Tools, Ltd., 41 
Chamale Cove East, Slidell, Louisiana 70460, is related by its 
ownership, control, affiliation, and connection with Talyi and IBS such 
that it should be considered a related person under the terms of this 
order. Top Oil Tools, Ltd. is a business owned and operated by Talyi, 
it is located at the same address, and it has participated in some of 
the transactions referenced herein. Consequently, it is necessary to 
name Top Oil Tools, Ltd. as a person related to Talyi and IBS in order 
to prevent evasion of the terms and conditions of this order.
    In light of the evidence cited above, OEE's investigation 
demonstrates that Talyi has committed or attempted to commit repeated 
violations of U.S. export control laws, including the EAR, through his 
company IBS, that such violations have been deliberate and covert, and 
that, given the nature of the items shipped, future such violations 
could go undetected. In addition, a temporary denial order is needed to 
give notice to companies in the United States and abroad that they 
should cease dealing with Talyi or IBS in export transactions involving 
U.S.-origin items. Such a temporary denial order is clearly consistent 
with the public interest to preclude future violations of the EAR.
    Accordingly, I find that a TDO is necessary, in the public 
interest, to prevent an imminent violation of the EAR. This order is 
issued on an ex parte basis without a hearing based upon BIS's showing 
that expedited action is required.
    It is therefore ordered: First, that Yaudat Mustafa Talyi, a.k.a. 
Joseph Talyi, 888 Cross Gates Boulevard, Slidell, Louisiana 70458 
(``Talyi''), and International Business Services, Ltd., 700 Gause 
Boulevard, Suite 304, Slidell, Louisiana 70458, and 41 Chamale Cove 
East, Slidell, Louisiana 70460 (``IBS'') (hereinafter collectively 
referred to as the ``denied persons''); and the following person 
subject to the Order by its relationship to the denied person, Top Oil 
Tools, Ltd., 41 Chamale Cove East, Slidell, Louisiana 70460 (the 
``related person'') (together, the denied persons and the related 
person 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. 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 person subject to this 
Order any item subject to the EAR;
    B. Take any action that facilitates 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, 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 person named above, after 
notice and opportunity for comments as provided in Sec.  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 Sec.  766.24(e) of the EAR, 
Talyi or IBS 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 Sec.  766.23(c) of the EAR.
    This Order is effective immediately and shall remain in effect for 
180 days.
    In accordance with the provisions of Sec.  766.24(d) of the EAR, 
BIS may seek renewal of this Order by filing a written request not 
later than 30 days before the expiration date. A respondent 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 Talyi and IBS and the 
related person and shall be published in the Federal Register.

    Entered this 30th day of September, 2002.
Michael J. Garcia,
Assistant Secretary for Export Enforcement.
[FR Doc. 02-25221 Filed 10-3-02; 8:45 am]
BILLING CODE 3510-DS-M