[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Notices]
[Pages 34249-34250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13571]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Galaxy Aviation Trade Company 
Ltd.; Hooshang Seddigh; Hamid Shakeri Hendi; Hossein Jahan Peyma; Iran 
Air; Ankair

    In the Matter of:

Galaxy Aviation Trade Company Ltd., 15 Moreland Court, Lyndale 
Avenue, Finchley Road, London, UK, NW2 2PJ;
Hooshang Seddigh, 15 Moreland Court, Lyndale Avenue, Finchley Road, 
London, UK, NW2 2PJ;
Hamid Shakeri Hendi, 5th Floor, 23 Nafisi Avenue, Shahrak Ekbatan, 
Karaj Special Road, Tehran, Iran;
Hossein Jahan Peyma, 2/1 Makran Cross, Heravi Square, Moghan Ave, 
Pasdaran Cross, Tehran, Iran;
Iran Air, Second Floor, No. 23 Nafisi Avenue, Ekbatan, Tehran, Iran;
Ankair, Yesilkoy Asfalti Istanbul No. 13/4, Florya, Istanbul, Turkey 
TR-34810; Respondents.

Order Temporarily Denying Export Privileges

    Pursuant to Section 766.24 of the Export Administration Regulations 
(``EAR''),\1\ the Bureau of Industry and Security (``BIS''), U.S. 
Department of Commerce, through its Office of Export Enforcement 
(``OEE''), has requested that I issue an Order temporarily denying, for 
a period of 180 days, the export privileges under the EAR of:
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    \1\ The EAR is currently codified at 15 CFR Parts 730-774 
(2008). The EAR are issued under the Export Administration Act of 
1979, as amended (50 U.S.C. app. 2401-2420 (2000)) (``EAA''). 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)), which has been extended by successive presidential 
notices, the most recent being that of August 15, 2007 (72 FR 46137 
(August 16, 2007)), has continued the Regulations in effect under 
the International Emergency Economics Powers Act (50 U.S.C. 1701-
1706 (2000)) (``IEEPA'').
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    1. Galaxy Aviation Trade Company LTD, 15 Moreland Court, Lyndale 
Avenue, Finchley Road, London, UK, NW2 2PJ.
    2. Hooshang Seddigh, 15 Moreland Court, Lyndale Avenue, Finchley 
Road, London, UK, NW2 2PJ.
    3. Hamid Shakeri Hendi, 5th Floor, 23 Nafisi Avenue, Shahrak 
Ekbatan, Karaj Special Road, Tehran, Iran.
    4. Hossein Jahan Peyma, 2/1 Markran Cross, Heravi Square, Moghan 
Ave, Pasdaran Cross, Tehran, Iran.
    5. Iran Air, Second Floor, No. 23, Nafisi Avenue, Ekbatan, Tehran, 
Iran. BIS also has requested that I issue a non-standard Order 
temporarily denying, for a period of 180 days, certain export 
privileges under the EAR of:
    6. Ankair, Yesilkoy Asfalti Istanbul No. 13/4, Florya, Istanbul, 
Turkey TR-34810.
    Specifically, with regard to Ankair, BIS has requested that I 
temporarily deny, for a period of 180 days, the export privileges of 
Ankair relating to a Boeing 747 that has the manufacturer serial number 
24134, and current tail number TC-AKZ (``the Boeing 747'').
    In its request, BIS has presented evidence that Galaxy Aviation 
Trade Company Ltd. (``Galaxy'') is preparing to purchase immediately 
from Ankair, the Boeing 747, currently located in Turkey, for immediate 
re-export to Iran, and specifically to Iran Air in Tehran, Iran, 
without the U.S. Government authorization required by Section 746.7 of 
the EAR. Additional evidence provided through corporate registration 
information shows that Hooshang Seddigh is a director and principal 
shareholder of Galaxy. Hamid Shakeri Hendi also is a principal 
shareholder of Galaxy and has a listed address in the same building as 
Iran Air's headquarters in Tehran, Iran. Another Galaxy principal 
shareholder, Hossein Jahan Peyma, also lists a Tehran, Iran address. 
Open source information, including aviation Web sites, show the Boeing 
747 at issue is registered in Turkey and evidence presented by OEE 
indicates that Galaxy is seeking to purchase the Boeing 747 from Ankair 
in the immediate future.
    I find that the evidence presented by BIS demonstrates that a 
violation of the Regulations is imminent in both time and degree of 
likelihood. As such, a TDO is needed to give notice to persons and 
companies in the United States and abroad that they should cease 
dealing with the Respondents in export transactions involving items 
subject to the EAR. Such a TDO is consistent with the public interest 
to preclude future violations of the EAR.
    Accordingly, I find that a TDO naming Galaxy Aviation Trade Company 
Ltd., Hooshang Seddigh, Hamid Shakeri Hendi, Hossein Jahan Peyma, and 
Iran Air is necessary, in the public interest, to prevent an imminent 
violation of the EAR. In addition, I find that a non-standard TDO 
naming Ankair is necessary in the public interest to prevent an 
imminent violation of the EAR involving the Boeing 747.
    This Order is being issued on an ex parte basis without a hearing 
based upon BIS's showing of an imminent violation.
    It is therefore ordered:
    First, that, Galaxy Aviation Trade Company Ltd., 15 Moreland Court, 
Lyndale Avenue, Finchley Road, London, UK, NW2 2PJ; Hooshang Seddigh, 
15 Moreland Court, Lyndale Avenue, Finchley Road, London, UK, NW2 2PJ; 
Hamid Shakeri Hendi, 5th Floor, 23 Nafisi Avenue, Shahrak Ekbatan, 
Karaj Special Road, Tehran, Iran; Hossein Jahan Peyma, 2/1 Markran 
Cross, Heravi Square, Moghan Ave, Pasdaran Cross, Tehran, Iran; Iran 
Air, Second Floor, No. 23, Nafisi Avenue, Ekbatan, Tehran, Iran (each a 
``Denied Person'' and collectively the ``Denied Persons'') 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 Export Administration 
Regulations (``EAR''), or in any other activity subject to the EAR 
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 EAR, or in any other activity 
subject to the EAR; 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 EAR, or in any other activity subject to the EAR.
    Second, that no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport to or on behalf of any Denied Person any item 
subject to the EAR;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by any Denied Person of the ownership, possession, or 
control of any item subject to the EAR that has been or will be 
exported from the United States, including financing or other support

[[Page 34250]]

activities related to a transaction whereby any 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 any Denied Person of any item subject to 
the EAR that has been exported from the United States;
    D. Obtain from any Denied Person in the United States any item 
subject to the EAR 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 EAR 
that has been or will be exported from the United States and which is 
owned, possessed or controlled by any Denied Person, or service any 
item, of whatever origin, that is owned, possessed or controlled by any 
Denied Person if such service involves the use of any item subject to 
the EAR 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, Ankair, Yesilkoy Asfalti Istanbul No. 13/4, Florya, 
Istanbul, Turkey TR 34810, may not, directly or indirectly, participate 
in any way in any transaction involving the Boeing 747 (manufacturer 
serial number 24134, and current tail number TC-AKZ) including, but not 
limited to:
    A. Applying for, obtaining, or using any license, license 
exception, or export control document involving Boeing 747 
(manufacturer serial number 24134, and current tail number TC-AKZ);
    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 Boeing 747 (manufacturer serial number 24134, 
and current tail number TC-AKZ);
    C. Benefiting in any way from any transaction involving Boeing 747 
(manufacturer serial number 24134, and current tail number TC-AKZ)
    Fourth, that no person may, directly or indirectly, do any of the 
following:
    A. Export or re-export on behalf of Ankair the Boeing 747 
(manufacturer serial number 24134, and current tail number TC-AKZ); or
    B. Take any action to acquire from, lease, or otherwise facilitate 
the acquisition or attempted acquisition from Ankair of the Boeing 747 
(manufacturer serial number 24134, and current tail number TC-AKZ).
    Fifth, that after notice and opportunity for comment as provided in 
section 766.23 of the EAR, any other person, firm, corporation, or 
business organization related to any of the Respondents 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.
    Sixth, that this Order does not prohibit any export, reexport, or 
other transaction subject to the EAR where the only items involved that 
are subject to the EAR are the foreign-produced direct product of U.S.-
origin technology.
    In accordance with the provisions of Section 766.24(e) of the EAR, 
the Respondents may, at any time, appeal 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.
    In accordance with the provisions of Section 766.24(d) of the EAR, 
BIS may seek renewal of this Order by filing a written request not 
later than 20 days before the expiration date. The Respondents may 
oppose a request to renew this Order by filing a written submission 
with the Assistant Secretary for Export Enforcement, which must be 
received not later than seven days before the expiration date of the 
Order.
    A copy of this Order shall be served on the Respondents and shall 
be published in the Federal Register.
    This Order is effective upon issuance and shall remain in effect 
for 180 days.

    Entered this 6th day of June 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E8-13571 Filed 6-16-08; 8:45 am]
BILLING CODE 3510-DT-P