[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Rules and Regulations]
[Pages 52426-52428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14738]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 736

[Docket No. 060818222-6222-01]
RIN 0694-AD83


Amendment to General Order No. 3: Addition of Certain Entities

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security is revising the Export 
Administration Regulations (EAR) by amending a general order published 
on June 5, 2006 in the Federal Register to add nine additional entities 
related to Mayrow General Trading. That general order imposed a license 
requirement for exports and reexports of all items subject to EAR where 
the transaction involved Mayrow General Trading or entities related, as 
specified in that general order. The order also prohibited the use of 
License Exceptions for exports or reexports of any items subject to the 
EAR involving such entities. This rule will add the following entities 
related to Mayrow General Trading to that general order: Akbar Ashraf 
Vaghefi (Germany and the United Arab Emirates (UAE)), Neda Overseas 
Electronics L.L.C. (UAE), Mostafa Salehi (UAE), IKCO Trading GmbH 
(Germany), Pyramid Technologies (UAE), A.H. Shamnad (UAE), S. Basheer 
(UAE), Hamed Athari (UAE), and Mayrow Technics Co. (UAE). In addition, 
this rule will spell out the full name and provide a pseudonym of one 
of the previous entities listed in the general order, F.N. Yaghmaei, as 
Farrokh Nia Yaghmaei, a.k.a., Farrokh Nia Yaghmayi.

DATES: Effective Date: This rule is effective September 6, 2006.

FOR FURTHER INFORMATION CONTACT: Michael D. Turner, Director, Office of 
Export Enforcement, Bureau of Industry and Security, Department of 
Commerce, P.O. Box 273, Washington, DC 20044; Phone: (202) 482-1208, 
x3; E-mail: [email protected]; Fax: (202) 482-0964.

SUPPLEMENTARY INFORMATION:

Background

    The United States Government, including the United States 
Department of Commerce, Bureau of Industry and Security (BIS), has come 
into the possession of information giving reason to believe, based on 
specific and articulable facts, that Akbar Ashraf Vaghefi (Germany and 
the United Arab

[[Page 52427]]

Emirates (UAE)), Neda Overseas Electronics L.L.C. (UAE), Mostafa Salehi 
(UAE), IKCO Trading GmbH (Germany), Pyramid Technologies (UAE), A.H. 
Shamnad (UAE), S. Basheer (UAE), Hamed Athari (UAE), and Mayrow 
Technics Co. (UAE) are affiliated or conducting business with Mayrow 
General Trading and its related entities, and have acquired or 
attempted to acquire electronic components and devices capable of being 
used to construct Improvised Explosive Devices (IEDs). These electronic 
components and devices (``the commodities'') have been, and may 
continue to be, employed in IEDs or other explosive devices used 
against Coalition Forces in Iraq and Afghanistan.
    In order to protect Coalition Forces operating in Iraq and 
Afghanistan, the Department of Commerce is amending General Order No. 
3, set forth in Supplement No. 1 to part 736, to curtail the named 
entities' acquisition of the commodities. Pursuant to 15 CFR parts 736 
and 744 (2006), that order imposed a license requirement for exports 
and reexports of all items subject to the Export Administration 
Regulations (EAR) (15 CFR parts 730 through 774) (2006) to Mayrow 
General Trading and entities related to or controlled by it. 
Specifically, this rule adds nine additional entities to General Order 
No. 3 that are related to Mayrow General Trading as follows:
    Akbar Ashraf Vaghefi, Koburgerstr 10, D-10825, Berlin, Germany; and 
Shop No. 3-4 Sharafia Ahmed Ali Building, Al Nakheel, Deira, Dubai, 
U.A.E.;
    Neda Overseas Electronics L.L.C., No. 308, 3rd Floor, Rafi Center, 
Al Nakheel, Deira, Dubai, U.A.E.;
    Mostafa Salehi, No. 308, 3rd Floor, Rafi Center, Al Nakheel, Deira, 
Dubai, U.A.E.;
    IKCO Trading GmbH, Schadowplatz 5, 40212 Dusseldorf, Germany;
    Pyramid Technologies, P.O. Box 42340, Dubai, U.A.E.; and No. 3-4, 
Sharafia Ahmed Ali Building, Al Nakheel, Deira, Dubai 396, U.A.E.;
    A.H. Shamnad, P.O. Box 42340, Dubai, U.A.E.; and No. 3-4 Sharafia 
Ahmed Ali Building, Al Nakheel, Deira, Dubai 396, U.A.E.;
    S. Basheer, No. 3-4 Sharafia Ahmed Ali Building, Al Nakheel, Deira, 
Dubai 396, U.A.E.;
    Hamed Athari, No. 3-4 Sharafia Ahmed Ali Building, Al Nakheel, 
Deira, Dubai 396, U.A.E.; and
    Mayrow Technics Co, No. 3-4 Sharafia Ahmed Ali Building, Al 
Nakheel, Deira, Dubai 396, U.A.E.
    Under this order, a BIS license is required for the export or 
reexport of any item subject to the EAR to any of the above-named 
entities, including any transaction in which any of the above-named 
entities will act as purchaser, intermediate consignee, ultimate 
consignee, or end-user of the items. This order also prohibits the use 
of License Exceptions (see part 740 of the EAR) for exports and 
reexports of items subject to the EAR involving such entities.
    This rule will spell out the full name and provide a pseudonym of 
one of the entities that was listed in General Order No. 3 published on 
June 5, 2006. F.N. Yaghmaei will now be listed as Farrokh Nia Yaghmaei, 
a.k.a., Farrokh Nia Yaghmayi, in the general order to better assist the 
public.
    Consistent with section 6 of the Export Administration Act of 1979, 
as amended (50 U.S.C. app. 2401-2420) (2000) (the ``Act''), a foreign 
policy report was submitted to Congress on August 29, 2006, notifying 
Congress of the imposition of a control in the form of a licensing 
requirement for exports and reexports of all items subject to the EAR 
destined to the nine additional entities related to Mayrow General 
Trading that are added to General Order No. 3 with this final rule.
    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 most recently by the Notice of August 3, 2006 (71 
FR 44551 (August 7, 2006)), has continued the EAR in effect under the 
International Emergency Economic Powers Act (50 U.S.C. 1701-1706 
(2000)) (``IEEPA''). BIS continues to carry out the provisions of the 
Act, as appropriate and to the extent permitted by law, pursuant to 
Executive Order 13222.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes 
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor be subject to a penalty for failure to 
comply with a collection of information, subject to the requirements of 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid Office 
of Management and Budget (OMB) Control Number. This regulation involves 
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour 
estimate of 58 minutes to prepare and submit form BIS-748. 
Miscellaneous and recordkeeping activities account for 12 minutes per 
submission. Total burden hours associated with the Paperwork Reduction 
Act and Office and Management and Budget control number 0694-0088 are 
expected to increase slightly as a result of this rule. Send comments 
regarding these burden estimates or any other aspect of this collection 
of information, including suggestions for reducing the burden, to David 
Rostker, OMB Desk Officer, by e-mail at [email protected] or 
by fax to (202) 395-7285; and to the Regulatory Policy Division, Bureau 
of Industry and Security, Department of Commerce, P.O. Box 273, 
Washington, DC 20044, e-mail: [email protected].
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a military or foreign affairs function 
of the United States. (See 5 U.S.C. 553(a)(1)). Further, no other law 
requires that a notice of proposed rulemaking and an opportunity for 
public comment be given for this rule. Because a notice of proposed 
rulemaking and an opportunity for public comment are not required to be 
given for this rule by 5 U.S.C. 553, or by any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et. seq., are not applicable.

List of Subjects in 15 CFR Part 736

    Exports, foreign trade.


0
Accordingly, part 736 of the Export Administration Regulations (15 CFR 
part 736) is amended as follows:

PART 736--[AMENDED]

0
1. The authority citation for 15 CFR part 736 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 2151 (note), Public Law 108-175; E.O. 12938, 59 FR 59099, 
3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 
Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 
FR 26751, May 13, 2004; Notice of October 25, 2005, 70 FR 62027 
(October 27, 2005); Notice of August 3, 2006, 71 FR 44551 (August 7, 
2006).


0
2. General Order 3 to Supplement No. 1 to part 736, is amended:
0
a. By revising the heading, redesignating the text of paragraph (a) as 
paragraph (a)(1) and revising the name

[[Page 52428]]

``F.N. Yaghmaei'' to read ``Farrokh Nia Yaghmaei, a.k.a., Farrokh Nia 
Yaghmayi'';
0
b. By adding new paragraph (a)(2); and
0
c. By revising paragraph (b) to read as follows:

Supplement No. 1 to Part 736--General Orders

* * * * *
    General Order No. 3 of June 5, 2006, as amended on September 6, 
2006; Imposition of license requirement for exports and reexports of 
items subject to the EAR to Mayrow General Trading and entities 
related, as follows: Micatic General Trading; Majidco Micro 
Electronics; Atlinx Electronics; Micro Middle East Electronics; 
Narinco; Farrokh Nia Yaghmaei, a.k.a., Farrokh Nia Yaghmayi; H. Ghasir; 
Akbar Ashraf Vaghefi, Neda Overseas Electronics L.L.C., Mostafa Salehi, 
IKCO Trading GmbH, Pyramid Technologies, A.H. Shamnad, S. Basheer, 
Hamed Athari, and Mayrow Technics Co. Mayrow General Trading and all 
entities related are located in Dubai, United Arab Emirates; except for 
Akbar Ashraf Vaghefi (located in Germany and Dubai, United Arab 
Emirates) and IKCO Trading GmbH (located in Germany).
    (a) License requirements. (1) Effective June 5, 2006, a license is 
required to export or reexport any item subject to the EAR to Mayrow 
General Trading or entities related, as follows: Micatic General 
Trading; Majidco Micro Electronics; Atlinx Electronics; Micro Middle 
East Electronics; Narinco; Farrokh Nia Yaghmaei, a.k.a., Farrokh Nia 
Yaghmayi; and H. Ghasir. Mayrow General Trading and all entities 
related described in paragraph (a)(1) are located in Dubai, United Arab 
Emirates. This license requirement applies with respect to any 
transaction in which any of the above-named entities will act as 
purchaser, intermediate consignee, ultimate consignee, or end-user of 
the items.
    (2) Effective September 6, 2006, a license is required to export or 
reexport any item subject to the EAR to these entities related to 
Mayrow General Trading, as follows: Akbar Ashraf Vaghefi; Neda Overseas 
Electronics L.L.C.; Mostafa Salehi; IKCO Trading GmbH; Pyramid 
Technologies; A.H. Shamnad; S. Basheer; Hamed Athari; and Mayrow 
Technics Co. All entities related to Mayrow General Trading described 
in paragraph (a)(2) are located in Dubai, United Arab Emirates; except 
for Akbar Ashraf Vaghefi (located in Germany and Dubai, United Arab 
Emirates) and IKCO Trading GmbH (located in Germany). This license 
requirement applies with respect to any transaction in which any of the 
above-named entities will act as purchaser, intermediate consignee, 
ultimate consignee, or end-user of the items.
    (b) License Exceptions. No License Exceptions are available for 
exports or reexports involving the entities described in paragraph 
(a)(1) and (a)(2) of this General Order.

    Dated: August 30, 2006.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. E6-14738 Filed 9-5-06; 8:45 am]
BILLING CODE 3510-33-P