[Federal Register Volume 72, Number 185 (Tuesday, September 25, 2007)]
[Notices]
[Pages 54427-54428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4717]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Privileges; Mohammad Fazeli; In the Matter of: 
Mohammad Fazeli, 1439 Saltair Fazeli Ave., Los Angeles, CA 90025; and 
With an Address at: 112 West 9th Street, Suite 1115, Los Angeles, CA 
90015

Order Denying Export Privileges

A. Denial of Export Privileges of Mohammad Fazeli

    On August 7, 2006, in the U.S. District Court in the Central 
District of California, following a plea of guilty, Mohammad Fazeli 
(``Fazeli'') was convicted of violating the International Emergency 
Economic Powers Act (50 U.S.C. 1701-1705 (2000)) (``IEEPA''). Fazeli 
pled guilty to willfully attempting to export 103 Honeywell pressure 
sensors to Iran, through the United Arab Emirates, without the license 
required from the United States Department of Treasury, Office of 
Foreign Assets Control.
    Fazeli was sentenced to one year and a day of imprisonment followed 
by two years of supervised release and fined $3,000. He was released 
from prison on July 9, 2007.
    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 Regulation \2\ 
(``Regulations'') provide, in pertinent part, that ``[t]he Director of 
the Office of Exporter Services, in consultation with the Director of 
the Office of Export Enforcement, may deny the export privileges of any 
person who has been convicted of a violation of * * * any regulation, 
license or order issued under the International Emergency Economic 
Powers 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 Bureau of Industry's (``BIS'') 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 15, 2007 
(72 FR 46137, Aug. 16, 2007), 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 Fazeli's conviction for violating the 
IEEPA, and have provided notice and an opportunity for Fazeli 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 
Fazeli, I, following consultations with the Office of Export 
Enforcement, including the Director, Office of Export Enforcement, have 
decided to deny Fazeli's export privileges under the Regulations for a 
period of six years from the date of Fazeli's conviction.
    Accordingly, it is hereby ordered:
    I. Until August 7, 2012, Mohammad Fazeli, 1439 Saltair Fazeli Ave., 
Los Angeles, CA 90025, and with an address at: 112 West 9th Street, 
Suite 1115, Los Angeles, CA 90015 and when acting for or on behalf of 
Fazeli, 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,

[[Page 54428]]

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 Sec.  
766.23 of the Regulations, any other person, firm, corporation, or 
business organization related to Mohammad Fazeli by affiliation, 
ownership, control, or position of responsibility in the conduct of 
trade or related services may also be made subject to the provision 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 foreign-produced direct product 
of U.S.-origin technology.
    V. This Order is effective immediately and shall remain in effect 
until August 7, 2012.
    VI. In accordance with Part 756 of the Regulations, Fazeli 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 
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 Fazeli. This Order 
shall be published in the Federal Register.

    Dated: September 12, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07-4717 Filed 9-24-07; 8:45 am]
BILLING CODE 3510-DT-M