[Federal Register Volume 69, Number 58 (Thursday, March 25, 2004)]
[Notices]
[Pages 15292-15293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6690]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges: Uni-Arab Engineering and Oil 
Field Services

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 Section 766.24 of the 
Export Administration Regulations (currently codified at 15 CFR 730-774 
(2003)) (``EAR''),\1\ temporarily denying export privileges of Uni-Arab 
Engineering and Oil Field Services (``Uni-Arab''), P.O. Box 46112, Abu 
Dhabi, United Arab Emirates, and. Al-Gaith Tower, Hamden Street, Flat 
No. 1202, Abu Dhabi, United Arab Emirates (hereinafter referred to as 
the ``Respondent''). OEE has also requested that, in order to prevent 
evasion, this Order should be made applicable to Jaime Radi Mustafa, 
a.k.a. Radi Mustafa (``Radi Mustafa''), 888 Cross Gates Boulevard, 
Slidell, Louisiana 70458, and, Khalidiya, P.O. Box 46112, Abu Dhabi, 
United Arab Emirates; and Nureddin Shariff Sehweil, a.k.a. Dean Sehweil 
(``Dean Sehweil''), 888 Cross Gates Boulevard, Slidell, Louisiana 
70458, and 106 Everest Drive, Slidell, Louisiana 70461, and, Khalidiya, 
P.O. Box 46112, Abu Dhabi, United Arab Emirates (hereinafter 
collectively referred to as the ``Related Persons'').
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    \1\ The EAR, which are currently codified at 15 CFR parts 730-
774 (2003), are issued under the Export Administration Act of 1979, 
as amended (50 U.S.C. app 2401-2420 (2000)) (``EAA'') 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)), 
continued the Export Administration Regulations (``EAR'') in effect 
under the International Emergency Economic Powers Act (50 U.S.C. 
1701-1707 (2000)) (``IEEPA''). On November 13, 2000, the EAA was 
reauthorized and it remained in effect through August 20, 2001. 
Since August 21, 2001, the EAA 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 7, 2003 (68 FR 
47833, August 11, 2003), 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 that the Respondent has attempted to evade the terms 
of a temporary denial order dated September 30, 2002, that denied the 
export privileges of International Business Services, Ltd. (``IBS''), 
and its owner, Yaudat Mustafa Talyi, a.k.a. Joseph Talyi (``Talyi''), 
for 180 days. See 67 FR 62225. BIS states that it further believes that 
Respondent has, for more than ten years, engaged in the business of 
exporting U.S. origin items to Libya without the required U.S. 
Government authorization.
    In addition, OEE's investigation has determined that the Related 
Persons, Radi Mustafa and Dean Sehweil are, respectively, the Assistant 
Managing Director and the Managing Director of Uni-Arab and that it is 
appropriate to name them as Related Persons.
    I find the evidence presented by BIS demonstrates that the 
Respondent has conspired to commit repeated violations of U.S. export 
control laws, including the EAR, that such violations have been 
deliberate and covert, and that, given the nature of the items shipped 
and the manner in which they have been shipped in the past, such 
violations could go undetected in the future. As such, a Temporary 
Denial Order (``TDO'') is needed to give notice to companies in the 
United States and abroad that they should cease dealing with the 
Respondent and Related Persons in export transactions involving U.S.-
origin commodities, software or technology. Such a TDO is consistent 
with the public interest to preclude future violations of the EAR.
    Accordingly, I find that a TDO naming Uni-Arab as the respondent 
and Radi Mustafa and Dean Sehweil as related persons 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 of an imminent violation.
    It is Therefore Ordered:
    First, that the Respondent, Uni-Arab Engineering and Oil Field 
Services, P.O. Box 46112, Abu Dhabi, United Arab Emirates, and Al-Gaith 
Tower, Hamden Street, Flat No. 1202, Abu Dhabi, United Arab Emirates 
and Related Persons Jaime Radi Mustafa, a.k.a. Radi Mustafa, 888 Cross 
Gates Boulevard, Slidell, Louisiana 70458, and, Khalidiya, P.O. Box 
46112, Abu Dhabi, United Arab Emirates; and Nureddin Shariff Sehweil, 
a.k.a. Dean Sehweil, 888 Cross Gates Boulevard, Slidell, Louisiana 
70458, and, 106 Everest Drive, Slidell,

[[Page 15293]]

Louisiana 70461, and, Khalidiya, P.O Box 46112, Abu Dhabi, United Arab 
Emirates 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 the Respondent or Related 
Persons any item subject to the EAR;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Respondent or Related Persons 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 the Respondent or 
Related Persons 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 Respondent or Related persons of any 
item subject to the EAR that has been exported from the United States;
    D. Obtain from the Respondent or Related Persons 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 the Respondent or Related Persons, or 
service any item, of whatever origin, that is owned, possessed or 
controlled by the Respondent or Related Persons if such service 
involves the use of any time 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, after notice and opportunity to oppose such action, as 
provided in section 766.23 of the EAR, any other person, firm, 
corporation, or business organization related to the Respondent by 
affiliation, ownership, control, or position of responsibility in the 
conduct of trade or business 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 EAR, 
the Respondent 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.
    In accordance with the provisions of Section 766.23(c) of the EAR, 
the Related Persons 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.
    In accordance with the provisions of Section 766.24(d) of the EAR, 
BIS may seek renewal of this Order by filing a written request not 
later than 20 days before the expiration date. The Respondent may 
oppose a request to renew this Order by filing a written submission 
with the Assistant Secretary of Commerce 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 the Respondent and Related 
Persons and shall be published in the Federal Register.
    This Order is effective immediately and shall remain in effect for 
180 days.

    Entered this 19th day of March, 2004.
Julie L. Myers,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 04-6690 Filed 3-24-04; 8:45 am]
BILLING CODE 3510-DT-M