[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Notices]
[Pages 38290-38291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16250]



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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Ihsan Elashyi, also known as 
Ihsan Elashi and Sammy Elashyi, Tetrabal Corporation, Inc., Maysoon Al 
Kay Ali, Mynet.Net Corp, and Al Kayali Corporation

    In the Matter of: Ihsan Elashyi also known as Ihsan Elashi and 
Sammy Elashyi currently incarcerated at: USM No: 26265-177, FCI 
Seagoville, 2113 North Highway 175, Seagoville, Texas 75159 and with an 
address at: 605 Trail Lake Drive, Richardson, Texas 75081, Respondent, 
Tetrabal Corporation, Inc., 605 Trail Lake Drive, Richardson, Texas 
75081, Maysoon Al Kayali, 605 Trail Lake Drive, Richardson, Texas 
75081, Mynet.Net Corp, 605 Trail Lake Drive, Richardson, Texas 75081, 
Al Kayali Corporation, 605 Trail Lake Drive, Richardson, Texas 75081, 
Related Persons; Order Denying Export Privileges
    On October 23, 2002, a U.S. District Court in the Northern District 
of Texas convicted Ishan Elashyi, also known as Ihsan Elashi and Sammy 
Elashyi (``Elashyi'') of violating the International Emergency Economic 
Powers Act (50 U.S.C. 1701-1707 (2000)) (``IEEPA''), among other 
crimes. Specifically, the Court found that Elashyi knowingly and 
willfully violated a regulation and order of the United States 
Department of Commerce, to wit, the Temporary Denial Order of September 
6, 2001, by participating in a transaction involving the exporting and 
attempted exporting of goods and commodities that were subject to the 
Export Administration Regulations from the United States to Saudi 
Arabia.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(currently codified at 50 U.S.C. app. 2401-2420 (2000)) (``Act'') \1\ 
provides that, at the discretion of the Secretary of Commerce,\2\ no 
person convicted of violating any of a number of federal criminal 
statutes including the IEEPA shall be eligible to apply for or use any 
export license issued pursuant to, or provided by, the Act or the 
Export Administration Regulations (currently codified at 15 CFR parts 
730 through 774 (2003)) (``Regulations''), for a period of up to 10 
years from the date of the conviction. In addition, any license issued 
pursuant to the Act in which such a person had any interest at the time 
of conviction may be revoked.
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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 issued on August 3, 2000 (3 CFR 2000 Comp. 397 
(2001)), continued the Regulations 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 Regulations in effect under IEEPA.
    \2\ Pursuant to appropriate delegations of authority that are 
reflected in the Regulations, the Director, Office of Exporter 
Services, in consultation with the Director, Office of Export 
Enforcement, exercises the authority granted to the Secretary by 
section 11(h) of the Act.
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    Pursuant to Sec. Sec.  766.25 and 750.8(a) of the regulations, upon 
notification that a person has been convicted of violating the IEEPA, 
the Director, Office of Exporter Services, in consultation with the 
Director, Office of Export Enforcement, shall determine whether to deny 
that person's export privileges for a period of up to 10 years from the 
date of conviction and shall also determine whether to revoke any 
license previously issued to such a person.
    In addition, pursuant to Sec. Sec.  766.25(h) and 766.23 of the 
regulations, the Director, Office of Exporter Services, in consultation 
with the Director, Office of Export Enforcement, may take action to 
make applicable to related persons an order that is being sought or 
that has been issued (``related person'').
    Having received notice of Elashyi's conviction for violating the 
IEEPA, and after providing notice and an opportunity for Elashyi and 
the related persons to make a written submission to the Bureau of 
Industry and Security before issuing an Order denying Elashyi's export 
privileges, and naming Tetrabal Corporation, Inc., Maysoon Al Kayali, 
Mynet.net Corporation and Al Kayali Corporation as related persons, as 
provided in Sec.  766.25 of the regulations, and having read and 
carefully considered Elashyi's response of May 16, 2003, I, following 
consultations with the Director, Office of Export Enforcement, have 
decided to deny Elashyi's export privileges for a period of seven years 
from the date of Elashyi's conviction, and name Tetrabal Corporation, 
Inc., Maysoon Al Kayali, Mynet.net Corporation and Al Kayali 
Corporation as related persons. The seven-year period ends on October 
23, 2009. I have also decided to revoke all licenses issued pursuant to 
the Act in which Elashyi or the related persons had an interest at the 
time of Elashyi's conviction.
    Accordingly, it is hereby Ordered:
    I. Until October 23, 2009, Ishan Elashyi, also known as Ihsan 
Elashi and Sammy Elashyi, currently incarcerated at: USM No: 26265-177, 
FCI Seagoville, 2113 North Highway 175, Seagoville, Texas 75159, and 
with an address at 605 Trail Lake Drive, Richardson, Texas 75081, 
(``the denied person'') and the following persons subject to the order 
by their relationship to the denied person, Tetrabal Corporation, Inc., 
Maysoon Al Kayali, Mynet.net Corporation and Al Kayali Corporation, all 
at the same address of 605 Trail Lake Drive, Richardson, Texas 75081, 
(``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 Regulations, 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 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.
    II. 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 person subject to this order 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 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 Regulations that has been exported from the United 
States;

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    D. Obtain from a person subject to this order 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 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 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.
    III. In addition to the related persons named above, after notice 
and opportunity for comment as provided in Sec.  766.23 of the 
regulations, 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.
    IV. This Order does not prohibit any export, reexport, or other 
transaction subject to the Regulations where the only items involved 
that are subject to the Regulations are the foreign-produced direct 
product of U.S.-origin technology.
    V. This Order is effective immediately and shall remain in effect 
until October 23, 2009.
    VI. In accordance with Part 756 of the Regulations, Elashyi, and 
any of the related persons may file an appeal from this Order with the 
Under Secretary for Industry and Security. The appeal must be filed 
within 45 days from the date of this Order and must comply with the 
provisions of Part 756 of the Regulations.
    VII. A copy of this Order shall be delivered to Elashyi and each 
related person. This Order shall be published in the Federal Register.

    Dated: June 19, 2003.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 03-16250 Filed 6-26-03; 8:45 am]
BILLING CODE 3510-DT-M