[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Notices]
[Pages 33446-33447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2981]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Arif Ali Durrani; In the 
Matter of: Arif Ali Durrani, Registration 09027-014, 
Victorville Medium I, Federal Correctional Institute, P.O. Box 5300, 
Adelanto, CA 92301

Order Denying Export Privileges

A. Denial of Export Privileges of Arif Ali Durrani

    On June 5, 2005, in the U.S. District Court in the Southern 
District of California, Arif Ali Durrani (``Durrani'') was found guilty 
of four counts of violating Section 38 of the Arms Export Control Act 
(22 U.S.C. 2778 (2000)) (``AECA''). Specifically, the Court found that 
Durrani knowingly and willfully exported from the United States to 
Malaysia and Belgium controlled military aircraft parts which were 
designated as defense articles on the United States Munitions List, 
without having first obtained a license from the Department of State 
for such export, or

[[Page 33447]]

written authorization for such an export. In addition, Durrani was also 
found guilty on one count of conspiracy. Durrani was sentenced to 150 
months imprisonment followed by three years of supervised released.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(currently codified at 50 U.S.C. app. 2401-2420 (2000)) (``Act'') \1\ 
and Sec.  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 * * * Section 38 of the Arms Export 
Control Act,'' for a period not to exceed 10 years from the date of 
conviction. 15 CFR 766.25(a) and (d). In addition, Sec.  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 
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 3, 2006 
(71 FR 44551, August 7, 2006), 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 (2007).
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    I have received notice of Durrani's conviction for violating the 
AECA, and have provided notice and an opportunity for Durrani to make a 
written submission to the Bureau of Industry and Security as provided 
in Sec.  766.25 of the Regulations. Having received no submission from 
Durrani, I, following consultations with the Office of Export 
Enforcement, including its Director, have decided to deny Durrani's 
export privileges under the Regulations for a period of ten years from 
the date of Durrani's conviction.
    Accordingly, it is hereby Ordered:
    I. Until June 5, 2015, Arif Ali Durrani, Registration 
09027-014, Victorville Medium I, Federal Correctional 
Institute, P.O. Box 5300, Adelanto, CA 92301, and when acting for or on 
behalf of Durrani, 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. 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.
    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 766.203 of the Regulations, any other person, firm, 
corporation, or business organization related to ARIF Ali Durrani by 
affiliation, ownership, control, or position of responsibility in the 
conduct of trade or related services may also be made subject to the 
provisions or 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 June 5, 2015.
    VI. In accordance with Part 756 of the Regulations, Durrani 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 Durrani. This Order 
shall be published in the Federal Register.

    Dated: June 9, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07-2981 Filed 6-15-07; 8:45 am]
BILLING CODE 3510-DT-M