[Federal Register Volume 68, Number 194 (Tuesday, October 7, 2003)]
[Notices]
[Pages 57868-57869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25390]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Reza Moghadam Pirasteh

ORDER

    The Bureau of Industry and Security, United States Department of 
Commerce (``BIS'') having notified Reza Moghadam Pirasteh 
(``Pirasteh'') of its intention to initiate an administrative 
proceeding against Pirasteh pursuant to Section 766.3 of the Export 
Administration regulations (currently codified at 15 CFR Parts 730-744 
(2003)) (``Regulations''), and Section 13(c) of the Export 
Administration Act of 1979, as amended (50 U.S.C. app. Sections 2401-
2420 (2000)) (``Act''),\1\ based on the proposed charging letter issued 
to Pirasteh that alleged Pirasteh committed four violations of the 
Regulations, by aiding and abetting exports of liquid injectors to 
Iran, items subject to the Regulations and the Iran Transactions 
Regulations, without authorization from the Office of Foreign Assets 
control, U.S. Department of Treasury (on two occasions); by acting to 
evade the Regulations by directing that the name of the country 
``Iran'' not be used in communications so as to conceal the ultimate 
destination of the exports; and by making a false statement to a BIS 
investigator.
---------------------------------------------------------------------------

    \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)), 
contineud the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701--1707 (2000)) 
(``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 last 
extended by the Notice of August 7, 2003 (68 FR 47833 (August 11, 
2003)), has continued the Regulations in effect under IEEPA.
---------------------------------------------------------------------------

    BIS and Pirasteh 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;

[[Page 57869]]

It Is Therefore Ordered:

    First, that a civil penalty of $4,500 is assessed against Pirasteh. 
Payment of the civil penalty shall be made in seven payments to the 
Department of Commerce. The first payment shall be of $300 and shall be 
paid within 30 days from the date of entry of this Order. The next six 
payments shall each be of $700 and shall be made on or before; April 1, 
2004, July 1, 2004, October 1, 2004, January 4, 2005, April 1, 2005, 
and July 1, 2005. Payments shall be made in the manner specified in the 
attached instructions.
    Second, that pursuant to the Debt Collection Act of 1982, as 
amended (31 U.S.C. Sec. Sec.  3701-3720E (2000)), the civil penalty 
owed under this Order accrues interest as more fully described in the 
attached notice, and, if a payment is not made by the due date 
specified herein, Pirasteh will be assessed, in addition to the full 
amount of the civil penalty and interest, a penalty charge and an 
administrative charge, as more fully described in the attached Notice.
    Third, that for a period of seven years from the date of this 
Order, Pirasteh, 2308 Arroyo Court, Plano, Texas 75074, his successors 
or assigns, and when acting for or on behalf of Pirasteh, his 
representatives, agents, or employees (``denied person'') 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 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. Benefiting 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.
    Fourth, 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 the 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 the 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 United States 
and which is owned, possessed or controlled by the denied person, or 
service any item, of whatever origin, that is owned, possessed or 
controlled by the 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 State. For purposes of this paragraph, servicing means 
installations, maintenance, repair, modification or testing.
    Fifth, 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 Pirasteh by affiliation, ownership, 
control, or position of responsibility in the conduct of trade or 
related services may also be subject to the provisions of this Order.
    Sixth, that 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.
    Seventh, 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 ion this 
matter, is effective immediately.

    Entered this 30th day of September 2003.
Lisa A. Prager,
Acting Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 03-25390 Filed 10-6-03; 8:45 am]
BILLING CODE 3510-DT-M