[Federal Register Volume 69, Number 58 (Thursday, March 25, 2004)]
[Notices]
[Pages 15291-15292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6691]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Yaudat Mustafa Talyi

Renewal and Modification of Order Temporarily Denying Export Privileges

    Pursuant to Section 766.24 of the Export Administration Regulations 
(``EAR''),\1\ the Bureau of Industry and Security (``BIS''), U.S. 
Department of Commerce, through its Office of Export Enforcement 
(``OEE''), has requested that I renew and modify the order (``TDO'') 
issued on September 24, 2003, effective September 25, 2003, temporarily 
denying export privileges of Yaudat Mustafa Talyi, a.k.a. Joseph Talyi, 
41, Chamale Cove East, Slidell, Louisiana 70460 (``Talyi''), and 
International Business Services, Ltd., 700 Gause Boulevard, Suite 304, 
Slidell, Louisiana 70458, 41 Chamale Cove East, Slidell, Louisiana 
70460, and 2301 Covington Highway 190, Slidell, Louisiana 70460 
(``IBS''). Pursuant to Sections 766.23 and 766.24(c) of the EAR, the 
TDO also applies to the following as related persons to Talyi and IBS: 
Top Oil Tools, Ltd. (``Top Oil''), 41 Chamale Cove East, Slidell, 
Louisiana 70460; 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; 
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.
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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) (the ``Act''). 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)), 
continued the EAR 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 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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    BIS is requesting that the TDO be renewed as to Talyi for a period 
of 180 days. BIS is not requesting that the TDO be renewed against 
Talyi's two companies, Respondent IBS and related person Top Oil, as 
both were dissolved as corporate entities on February 16, 2004. 
Further, BIS is not asking that the TDO be renewed as to Uni-Arab, 
Mustafa and Sehweil as BIS intends to pursue other administrative 
action against them.

A. Basis for Renewal of the Order Temporarily Denying the Export 
Privileges of Yaudat Mustafa Talyi, a.k.a. Joseph Talyi

    In its March 2, 2004 request, BIS states that based upon new 
evidence and evidence previously adduced that was the basis for the 
issuance of the initial order temporarily denying Talyi and two of his 
companies export privileges on September 30, 2002 order and the March 
29, 2003 renewal (as modified on July 23, 2003 to add Uni-Arab, Radi 
Mustafa, and Dean Sehweil as related persons), it believes that renewal 
of the TDO as to Talyi is necessary to prevent further violations of 
U.S. export control laws. The new evidence is that Talyi has pled 
guilty to two violations of the International Emergency Economic Powers 
Act for his participation in illegal export transactions and Talyi has 
tentatively agreed to settle a related BIS administrative enforcement 
case against him. Specifically, on January 29, 2004, in the United 
States District Court for the Eastern District of Louisiana, pursuant 
to a plea agreement, Talyi pled guilty to two felony counts of 
violating the International Emergency Economic Powers Act for his 
participation in an export and attempted export of items subject to the 
EAR from the United States to the United Arab Emirates. Significantly, 
those export transactions were made after the initial TDO had been 
issued against Talyi and his two companies and after they had received 
notice of the denial of export privileges. Talyi's sentencing is 
schedule for April 28, 2004 and pending sentencing Talyi is free on 
bail.
    The evidence previously submitted by BIS in support its requests 
for orders temporarily denying export privileges proves that Talyi had 
exported or participated in the export of items to Libya in violation 
of the EAR and other U.S. export controls in a manner that was 
deliberate, covert, and suggested a likelihood that violations would 
occur again absent a TDO. See 67 FR 62225 (October 4, 2002) and BIS 
Request for Renewal of TDO, dated September 5, 2003, at 5-7.
    Accordingly, I am renewing the order temporarily denying the export 
privileges of Talyi for a period of 180 days, as I have concluded that 
a TDO against Talyi continues to be a necessary, in the public 
interest, to prevent an imminent violation of the EAR.
    It is Therefore Ordered: First, that Yaudat Mustafa Talyi, a.k.a. 
Joseph Talyi, 41 Chamale Cove East, Slidell, Louisiana 70460 
(``Talyi'') (the ``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 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 Denied Person any item 
subject to the EAR;

[[Page 15292]]

    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 EAR 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 EAR that has been exported from the United States;
    D. Obtain from the Denied Person 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 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 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 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 EAR, 
denied 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. A related person may 
appeal to the Administrative Law Judge at the aforementioned address in 
accordance with the provisions of Section 766.23(c) of the EAR.
    This Order is effective immediately and shall remain in effect for 
a period of 180 days. A copy of this Order shall be served on Talyi and 
shall be published in the Federal Register.

    Dated: Entered this 19th day of March 2004.
Julie L. Myers,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 04-6691 Filed 3-24-04; 8:45 am]
BILLING CODE 3510-DT-M