[Federal Register Volume 71, Number 137 (Tuesday, July 18, 2006)]
[Notices]
[Pages 40691-40692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6273]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Diaa Mohsen; In the Matter 
of: Diaa Mohsen, 927 Pavonia Avenue, Apartment 2, Jersey City, NJ 
07306; Order Denying Export Privileges

A. Denial of Export Privileges of Diaa Mohsen

    On February 15, 2002, in the U.S. District Court in the Southern 
District of Florida, following a plea of guilty, Diaa Mohsen 
(``Mohsen'') was convicted of violating section 38 of the Arms Export 
Control Act (22 U.S.C. 2778 (2000)) (``AECA''). Mohsen pled guilty of

[[Page 40692]]

knowingly and willfully attempting to export from the United States to 
Pakistan stinger missiles and night vision goggles, items designated as 
defense articles without obtaining the required approval from the U.S. 
Department of State. Mohsen was sentenced to 30 months imprisonment 
followed by three years of supervised release. He was released from 
prison on September 13, 2003 and will be released from U.S. Probation 
Office supervision on September 12, 2006.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(currently codified at 50 U.S.C. app. Sec. Sec.  2401-2420 (2000)) 
(``Act'') \1\ and Section 766.25 of the Export Administration 
Regulations \2\ (``Regulations'') provide, in pertinent part, that 
``[t]he Director of Exporter Services, in consultation with the 
Director of the Office of Export Enforcement, may deny export 
privileges of any person who has been convicted of a violation of * * * 
AECA,'' for a period not to exceed 10 years from the date of 
conviction. 15 CFR 766.25(a) and (d). In addition, Section 750.8 of the 
Regulations states that BIS's Office of Exporter Services may revoke 
any BIS licenses previously issued in which the person had an interest 
in at the time of his conviction.
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    \1\ 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 2, 2005 
(70 FR 45273, August 5, 2005), has continued the Regulations in 
effect under the International Emergency Economic Powers Act (50 
U.S.C. 1701-1706 (2000)) (``IEEPA'').
    \2\ The Regulations are currently codified at 15 CFR parts 730-
774 (2006).
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    I have received notice of Mohsen's indictment for violating the 
AECA, and have provided notice and an opportunity for Mohsen to make a 
written submission to the Bureau of Industry and Security as provided 
in Section 766.25 of Regulations. Mohsen made a telephone call to the 
Office of Chief Counsel for Industry and Security and was instructed to 
make a written submission as provided by the Regulations. Having 
received no submission from Mohsen, I, following consultations with the 
Export Enforcement, including the Director, Office of Export 
Enforcement, have decided to deny Mohsen's export privileges under the 
Regulations for a period of 10 years from the date of Mohsen's 
conviction.
    Accordingly, it is hereby Ordered:
    I. Until February 25, 2012, Diaa Mohsen, 927 Pavonia Avenue, 
Apartment 2, Jersey City, NJ 07306, and when acting for or on behalf of 
Mohsen, his representatives, assigns, agents, or employees, 
(collectively referred to hereinafter as 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 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. 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 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 States. For purposes of this paragraph, servicing means 
installation, maintenance, repair, modification or testing.
    III. After notice and opportunity for comment as provided in 
section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to Diaa Mohsen 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 February 15, 2012.
    VI. In accordance with part 756 of the Regulations, Mohsen may file 
an appeal of this Order with the Under Secretary of Commerce 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 Mohsen. This Order 
shall be published in the Federal Register.

    Dated: July 11, 2006.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 06-6273 Filed 7-17-06; 8:45 am]
BILLING CODE 3510-DT-M