[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Pages 60237-60239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23806]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Aviation Services 
International B.V.; Delta Logistics B.V.; Robert Kraaipoel; Niels 
Kraaipoel; T.P.C. B.V.; Mia Van Gemert; Mojir Trading; Reza Amidi; 
Lavantia, Ltd.; Mita Zarek

    In the Matter of:

Aviation Services International B.V., P.O. Box 418, Heerhugowaard, 
Netherlands 1 700AK;
Aviation Services International B.V., Fleming Straat 36, 
Heerhugowaard, Netherlands 1704SL;
Delta Logistics B.V., P.O. Box 418, Heerhugowaard, Netherlands 
1700AK;
Delta Logistics B.V., Fleming Straat 36, Heerhugowaard, Netherlands 
1704SL;
Robert Kraaipoel, P.O. Box 418, Heerhugowaard, Netherlands 1700AK;
Robert Kraaipoel, Fleming Straat 36, Heerhugowaard, Netherlands 
1704SL;
Niels Kraaipoel, P.O. Box 418, Heerhugowaard, Netherlands 1700AK;
Niels Kraaipoel, Fleming Straat 36, Heerhugowaard, Netherlands 
1704SL;
T.P.C. B.V., P.O. Box 418, Heerhugowaard, Netherlands 1700AK;
T.P.C. B.V., Fleming Straat 36, Heerhugowaard, Netherlands 1704SL;
T.P.C. B.V., P.O. Box 11, Heerhugowaard, Netherlands 1700AA;
Mia Van Gemert, P.O. Box 418, Heerhugowaard, Netherlands 1700AK;
Mia Van Gemert, Fleming Straat 36, Heerhugowaard, Netherlands 
1704SL;
Mojir Trading, PO Box 18118, Jabel-Ali Free Zone, Dubai-UAE;
Reza Amidi, P.O. Box 18118, Jabel-Ali Free Zone, Dubai-UAE;
Lavantia, Ltd., 16 Kyraikou Matsi Ave, 3rd Floor, 1082 Nicosia, 
Cyprus;
Lavantia, Ltd., Strovolou 77, Strovolos Center Suite 202, Strovolos 
P.C. 2018, Nicosia, Cyprus;
Mita Zarek, 16 Kyraikou Matsi Ave, 3rd Floor, 1082 Nicosia, Cyprus;
Mita Zarek, Strovolou 77, Strovolos Center Suite 202, Strovolos P.C. 
2018,
Nicosia, Cyprus, Respondents.

Order Renewing Temporary Denial Order

    Pursuant to Section 766.24(d) 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 renew for 180 days an Order 
temporarily denying the export privileges under the EAR (``TDO'') of:
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    \1\ The EAR are 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. Sec. Sec.  2401-2420 (2000)) 
(``EAA''). Since August 21, 2001, the EAA 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 July 23, 2008 
(73 FR 43603 (July 25, 2008)), has continued the Regulations in 
effect under the International Emergency Economic Powers Act (50 
U.S.C. 1701--1706 (2000)) (``IEEPA'').
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    (1) Aviation Services International B.V., P.O. Box 418, 
Heerhugowaard, Netherlands 1700AK, and Fleming Straat 36, 
Heerhugowaard, Netherlands 1704 SL.
    (2) Delta Logistics, B.V., P.O. Box 418, Heerhugowaard, Netherlands 
1700AK, and Fleming Straat 36, Heerhugowaard, Netherlands 1704 SL.
    (3) Robert Kraaipoel, P.O. Box 418, Heerhugowaard, Netherlands 
1700AK, and Fleming Straat 36, Heerhugowaard, Netherlands 1704SL.

[[Page 60238]]

    (4) Niels Kraaipoel, P.O. Box 418, Heerhugowaard, Netherlands 
1700AK, and Fleming Straat 36, Heerhugowaard, Netherlands 1704SL.
    (5) T.P.C., B.V., P.O. Box 418, Heerhugowaard, Netherlands 1700AK, 
and Fleming Straat 36, Heerhugowaard, Netherlands 1704SL, and P.O. Box 
11, Heerhugowaard, Netherlands 1700AA.
    (6) Mia Van Gemert, P.O. Box 418, Heerhugowaard, Netherlands 
1700AK, and Fleming Straat 36, Heerhugowaard, Netherlands 1704SL.
    (7) Mojir Trading, P.O. Box 18118, Jabel-Ali Free Zone, Dubai-UAE.
    (8) Reza Amidi, P.O. Box 18118, Jabel-Ali Free Zone, Dubai-UAE.
    (9) Lavantia, Ltd., 16 Kyraikou Matsi Ave., 3rd Floor, 1082 
Nicosia, Cyprus, and Strovolou 77, Strovolos Center Suite 202, 
Strovolos P.C. 2018, Nicosia, Cyprus.
    (10) Mita Zarek, 16 Kyraikou Matsi Ave., 3rd Floor, 1082 Nicosia, 
Cyprus, and Strovolou 77, Strovolos Center Suite 202, Strovolos P.C. 
2018, Nicosia, Cyprus (hereinafter collectively referred to as the 
``Respondents'') for 180 days.
    On October 1, 2007, I issued a TDO, rendered effective as of 
October 10, 2007, the date of publication in the Federal Register, 
against the above-named respondents based on a finding that the 
evidence presented by BIS demonstrated that the Respondents knowingly 
violated the EAR on multiple occasions between 2005 and 2007. 
Respondents' misconduct included making false statements regarding the 
end-user and country of ultimate destination involving the unlicensed 
export of items subject to the EAR from the United States. The evidence 
showed that Respondents concealed the true ultimate destination for the 
items which was Iran and that Respondents did not have the required 
U.S. Government authorization for the transactions. Additionally, in 
August 2007, Respondents Aviation Services International B.V. 
(``ASI''), Robert Kraaipoel, Delta Logistics B.V. (``Delta'') and 
T.P.C. B.V. (``TPC'') were criminally charged with five counts for 
similar misconduct involving the unlicensed export of U.S.-origin items 
to Iran, including criminal violations of IEEPA and false statements as 
well. The criminal charges against ASI, Robert Kraaipoel, Delta and TPC 
are still pending and there also is an outstandstanding arrest warrant 
for Robert Kraaipoel. I further found that such violations had been 
significant, deliberate and covert, and were likely to occur again, 
especially given the nature of the transactions. For these reasons, I 
found that an imminent violation existed within the meaning of Section 
766.24(b)(2).
    On April 4, 2007, I renewed the TDO for 180 days based on the 
original evidence and information that Respondents Lavantia Ltd. and 
Mita Zarek violated the TDO on more than one occasion and continued to 
engage in unauthorized transactions involving items subject to the EAR. 
Moreover, evidence was presented that Lavantia Ltd. and Mita Zarek were 
attempting to evade the TDO by using an alternate address to receive 
U.S.-origin goods.
    I find the facts and circumstances which led to the initial TDO and 
the April 2008 renewal order continue to show that renewal of the TDO 
for an additional 180 days is necessary and in the public interest, to 
prevent an imminent violation of the EAR. Furthermore, renewal of the 
Order 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. All parties 
to this TDO have been given notice of the request for renewal.
    It is therefore ordered:
    First, that the Respondents, Aviation Services International B.V., 
P.O. Box 418, Heerhugowaard, Netherlands 1700AK and Fleming Straat 36, 
Heerhugowaard, Netherlands 1704SL; Delta Logistics, B.V., P.O. Box 418, 
Heerhugowaard, Netherlands 1700AK and Fleming Straat 36, Heerhugowaard, 
Netherlands 1704SL; Robert Kraaipoel, Director and Principal Officer of 
Aviation Services International B.V., P.O. Box 418, Heerhugowaard, 
Netherlands 1700AK and Fleming Straat 36, Heerhugowaard, Netherlands 
1704SL; Niels Kraaipoel, Aviation Services International Sales Manager, 
P.O. Box 418, Heerhugowaard, Netherlands 1700AK, and Fleming Straat 36, 
Heerhugowaard, Netherlands 1704SL; T.P.C, B.V., P.O. Box 418, 
Heerhugowaard, Netherlands 1700AK, and Fleming Straat 36, 
Heerhugowaard, Netherlands 1704SL and P.O. Box 11, Heerhugowaard, 
Netherlands 1700AA; Mia Van Gemert, Managing Director of Aviation 
Services International, P.O. Box 418, Heerhugowaard, Netherlands 
1700AK, and Fleming Straat 36, Heerhugowaard, Netherlands 1704SL; Mojir 
Trading, P.O. Box 18118, Jabel-Ali Free Zone, Dubai-UAE; Reza Amidi, 
P.O. Box 18118, Jabel-Ali Free Zone, Dubai-UAE; Lavantia, Ltd., 16 
Kyraikou Matsi Ave, 3rd Floor, 1082 Nicosia, Cyprus, and Strovolou 77, 
Strovolos Center Suite 202, Strovolos P.C. 2018, Nicosia, Cyprus; and 
Mita Zarek, owner of Lavantia, Ltd., 16 Kyraikou Matsi Ave., 3rd Floor, 
1082 Nicosia, Cyprus, and Strovolou 77, Strovolos Center Suite 202, 
Strovolos P.C. 2018, Nicosia, Cyprus (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 the Denied Persons any 
item subject to the EAR;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Denied Persons 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 the Denied Persons 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 Persons of any item subject to 
the EAR that has been exported from the United States;
    D. Obtain from the Denied Persons 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 the Denied Persons, or service any 
item, of whatever origin, that is owned, possessed or controlled by the 
Denied Persons if such service involves the use of any item subject to 
the EAR that has

[[Page 60239]]

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 coniment as provided 
in section 766.23 of the EAR, any other person, firm, corporation, or 
business organization related to any of the Denied Persons 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, 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 with the 
Assistant Secretary not later than 20 days before the expiration date 
and serving the request on the Respondents. The Respondents may oppose 
a request to renew this Order by filing a written submission with the 
Assistant Secretary of Commerce 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 as of the date that it is signed and shall 
remain in effect for 180 days.

    Entered this 1st day of October 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E8-23806 Filed 10-9-08; 8:45 am]
BILLING CODE 3510-DT-M