[Federal Register Volume 73, Number 141 (Tuesday, July 22, 2008)]
[Notices]
[Pages 42544-42545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16425]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; 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 Shaken 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 Modifying Temporary Denial of Export Privileges of Respondent 
Ankair

    On June 6, 2008, I issued an Order in accordance with Section 
766.24 of the Export Administration Regulations (``EAR'' or the 
``Regulations''), temporarily denying the export privileges for 180 
days of the following persons for all items subject to the EAR: Galaxy 
Aviation Trade Company Ltd. (``Galaxy''), Hooshang Seddigh, Hamid 
Shaken Hendi, Hossein Jahan Peyma (Galaxy's shareholders), and Iran 
Air. The temporary denial order (``TDO'') also denied certain export 
privileges under the EAR of Ankair, Yesilkoy Asfalti Istanbul No. 13/4, 
Florya, Istanbul, Turkey TR-34810 (``Ankair''), specifically, any 
transactions involving Boeing 747, manufacturer serial number 24134, 
tail number TC-AKZ. The TDO was published in the Federal Register on 
June 17, 2008 (73 FR 34249), and unless renewed in accordance with 
Section 766.24(d) of the Regulations, will expire on December 3, 2008.
    The TDO was issued based on evidence presented to me by the Office 
of Export Enforcement (``OEE'') that the Respondents were attempting to 
re-export a U.S. origin Boeing 747, manufacturer serial number 24134, 
tail number TC-AKZ, from Turkey to Iran without U.S. Government 
authorization and that it therefore was necessary in order to prevent 
an imminent violation of the Regulations.
    Subsequent to the issuance of the TDO, OEE has requested that I 
modify the TDO as to Ankair to cover all exports or re-exports of items 
subject to the EAR. I have been presented evidence indicating that 
Ankair has violated the TDO and that Ankair has engaged in and/or is 
about to engage in or attempt further violations of the EAR involving 
the re-export of additional U.S. origin aircraft to Iran without U.S. 
Government authorization. Modification of the TDO to cover all items 
subject to the EAR is necessary to prevent further evasion of the TDO 
and to give companies in the United States and abroad notice to cease 
dealing with the Ankair in U.S. origin items so as to reduce the 
likelihood of subsequent exports or re-exports contrary to export 
control requirements.
    It is therefore ordered:
    First, that Ankair, Yesilkov Asfalti Istanbul No. 13/4, Florya, 
Istanbul, Turkey, TR 34810 (``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 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 re-export 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 
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

[[Page 42545]]

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 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.
    Fourth, that this Order does not prohibit any export, re-export, 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, 
Ankair 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 AU 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 Ankair and shall be 
published in the Federal Register.
    This Order is effective upon publication in the Federal Register 
and shall remain in effect until the expiration of the TDO on December 
3, 2008, unless renewed in accordance with the Regulations.

    Entered this 10th day of July, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E8-16425 Filed 7-21-08; 8:45 am]
BILLING CODE 3510-DT-M