[Federal Register Volume 73, Number 107 (Tuesday, June 3, 2008)]
[Notices]
[Pages 31677-31678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12293]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Winter Aircraft Products SA 
and Iberair Lines; Order Making Denial of Export Privileges Applicable 
to Related Person

In the Matter of:

Winter Aircraft Products SA
a/k/a Ruf S. Lopez SA
C/Ferrocarril 41
1 DCHA
28045 Madrid, Spain

    Respondent

and

Iberair Lines
(a/k/a ``Desarrollos Ind. Iberair, SL'')
(a/k/a ``Desarrollos Empresariales Iberair L'')
Avda Mediterraneo No. 9
28007 Madrid, Spain

    Related Person.

    Pursuant to section 766.23 of the Export Administration Regulations 
(``EAR'' or ``Regulations''), the Bureau of Industry and Security 
(``BIS''), U.S. Department of Commerce, through its Office of Export 
Enforcement (``OEE''), has requested that I make the Denial Order that 
was imposed against Winter Aircraft Products SA (a/k/a Ruf S. Lopez SA) 
(``Winter Aircraft'') on May 24, 2007 (72 FR 29965) applicable to the 
following entity, as a person related to Winter Aircraft:
Iberair Lines
(a/k/a ``Desarrollos Ind. Iberair, SL''),
(a/k/a ``Desarrollos Empresariales Iberair L''),
Avda Mediterraneo No. 9,
28007 Madrid, Spain.
    Section 766.23 of the Regulations provides that ``[i]n order to 
prevent evasion, certain types of orders under this part may be made 
applicable not only to the respondent, but also to other persons then 
or thereafter related to the respondent by ownership, control, position 
of responsibility, affiliation, or other connection in the conduct of 
trade or business. Orders that may be made applicable to related 
persons include those that deny or affect export privileges . * * *'' 
15 CFR 766.23(a).
    On May 24, 2007, an Order pursuant to Part 766 of the Regulations 
imposing a ten-year denial of export privileges against Winter Aircraft 
Products SA, of Madrid Spain (a/k/a Ruf. Lopez SA), Rufina Sanchez 
Lopez, Principal of Winter Aircraft, and Jose Alberto Diaz Sanchez, 
President of Winter Aircraft, were published in the Federal Register to 
conclude administrative charges pending against these parties. See 72 
FR 29960, 29963, 29965 (June 6, 2005). Winter Aircraft was found to 
have taken actions with intent to evade the Regulations by acquiring 
aircraft parts, items subject to the Regulations and classified under 
Export Control Classification Number (``ECCN'') 9A991, from U.S. 
suppliers with intent to transship such items to Iran without the 
necessary license from the U.S. Government. The violations occurred 
from on or about on or about October 19, 2000, and on or about November 
22, 2000.
    The May 24, 2007 Order imposed against Winter Aircraft is an order 
that may be made applicable to related persons pursuant to section 
766.23 upon evidence that indicates that the person is related to 
Winter Aircraft by ownership, control, position of responsibility, 
affiliation, or other connection in the conduct of trade or business, 
and that it is necessary to add this entity to the Order imposed 
against Winter Aircraft in order to avoid evasion of that Order.
    BIS has presented evidence that Iberair Lines, Avda Mediterraneo 
No. 9, 28007 Madrid, Spain, also located at Calle Canarias No. 9, 28045 
Madrid, Spain (a/k/a ``Desarrollos Ind. Iberair, SL'') (a/k/a 
``Desarrollos Empresariales Iberair L'') (``Iberair Lines'') is related 
to Winter Aircraft by ownership, control, position of responsibility, 
affiliation, or other connection in the conduct of trade or business, 
and that it is necessary to add Iberair Lines to the Order imposed 
against Winter Aircraft in order to avoid evasion of that Order.
    BIS notified Iberair Lines of its plans to take this action through 
letters dated January 23, 2008, and March 5, 2008, in accordance with 
sections 766.5(b) and 766.23 of the Regulations. Iberair Lines 
submitted a letter to BIS dated March 14, 2008, opposing its addition 
to the Order.
    It is my belief based on all the evidence presented in this matter 
that Iberair Lines' relationship with Winter Aircraft meets the 
requirements of section 766.23 of the Regulations. Accordingly, I find 
that it is necessary to make the Order imposed against Winter Aircraft 
applicable to Iberair Lines in order to prevent the evasion of that 
Order.

It Is Now Therefore Ordered,

    First, that having been provided notice and opportunity for comment 
as provided in section 766.23 of the Regulations, Iberair Lines, Avda 
Mediterraneo No. 9, 28007 Madrid, Spain, also located at Calle Canarias 
No. 9, 28045 Madrid, Spain (a/k/a ``Desarrollos Ind. Iberair, SL'') (a/
k/a ``Desarrollos Empresariales Iberair L'') (``Related Person''), has 
been determined to be related to Winter Aircraft, Products SA, a/k/a 
Ruf S. Lopez SA, C/Ferrocarril 41, 1 DCHA, 28045 Madrid, Spain 
(``Winter Aircraft''), by affiliation, ownership, control, or position 
of responsibility in the conduct of trade or related services, and it 
has been deemed necessary to make the Order denying the export 
privileges of Winter Aircraft applicable to this Related Person in 
order to prevent evasion of the Order.
    Second, that the denial of export privileges described in the Order 
against Winter Aircraft, which was published in the Federal Register on 
May 24, 2007 at 72 FR 29965, shall be made applicable to the Related 
Person, as follows:
    I. The Related Person, its successors or assigns, and when acting 
for or on behalf of the Related Person, its officers, representatives, 
agents, or employees (collectively, ``Denied Person'') may not 
participate, directly or indirectly, 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:

[[Page 31678]]

    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.
    Third, that in accordance with the provisions of section 766.23(c) 
of the Regulations, the Related Person may, at any time, make an appeal 
related to 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.
    Fourth, that 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.
    Fifth, that this Order shall be published in the Federal Register 
and a copy provided to the Related Person.
    This Order is effective upon publication in the Federal Register.

    Entered this 19th day of May, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
 [FR Doc. E8-12293 Filed 6-2-08; 8:45 am]
BILLING CODE 3510-DT-P