[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27418-27419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11267]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

In the Matter of:

Davoud Baniameri, a/k/a Davoud Baniamery, a/k/a David Baniameri, a/k/a 
David Baniamery currently incarcerated at: Inmate Number: 33905-112, 
CI-Taft, Correctional Institution, P.O. Box 7001, Taft, CA 93268,

and with an address at:

6531 Kessler Avenue, Woodland Hills, CA 91367-2712.

    On August 12, 2011, in the U.S. District Court, District of 
Illinois, Davoud Baniameri, a/k/a Davoud Baniamery, a/k/a David 
Baniameri, and a/k/a David Baniamery (``Baniameri'') was convicted of 
one count of violating the International Emergency Economic Powers Act 
(50 U.S.C.1701 et seq. (2000)) (``IEEPA'') and one count of violating 
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2000)) 
(``AECA''). Specifically, Baniameri was convicted of conspiring to 
export goods and technology to Iran, in violation of IEEPA. Baniameri 
also was convicted of knowingly and willfully attempting to export from 
the United States defense articles designated on the United States 
Munitions List, namely, ten connector adapters, without first having 
obtained the required license or other approval for such export, in 
violation of AECA. Baniameri was sentenced to 51 months in prison 
followed by three years supervised release.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, 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 the [Export 
Administration Act (``EAA'')], the EAR, or any order, license or 
authorization issued thereunder; any regulation, license, or order 
issued under the International Emergency Economic Powers Act (50 U.S.C. 
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal 
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms 
Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also 
Section 11(h) of the EAA, 50 U.S.C. app. Sec.  2410(h). The denial of 
export privileges under this provision may be for a period of up to 10 
years from the date of the conviction. 15 CFR 766.25(d); see also 50 
U.S.C. app. Sec.  2410(h). In addition, Section 750.8 of the 
Regulations states that the Bureau of Industry and Security's Office of 
Exporter Services may revoke any Bureau of Industry and Security 
(``BIS'') licenses previously issued in which the person had an 
interest in at the time of his conviction.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2011). The Regulations 
issued pursuant to the Export Administration Act (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)), which has 
been extended by successive Presidential Notices, the most recent 
being that of August 12, 2011 (76 FR 50661 (August 16, 2011)), has 
continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq. (2000)).
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    I have received notice of Baniameri's conviction for violating 
IEEPA and AECA, and have provided notice and an opportunity for 
Baniameri to make a written submission to BIS, as provided in Section 
766.25 of the Regulations. I have not received a submission from 
Baniameri. Based upon my review and consultations with BIS's Office of 
Export Enforcement, including its Director, and the facts available to 
BIS, I have decided to deny Baniameri's export privileges under the 
Regulations for a period of ten years from the date of Baniameri's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Baniameri had an interest at the 
time of his conviction.
    Accordingly, it is hereby ordered:
    I. Until August 12, 2021, Davoud Baniameri, a/k/a Davoud Baniamery 
a/k/a David Baniameri, and a/k/a/David Baniamery, with last known 
addresses at: Inmate Number: 33905-112, CI-Taft, Correctional 
Institution, P.O. Box 7001, Taft, CA 93268 and 6531 Kessler Avenue, 
Woodland Hills, CA 91367-2712, and when acting for or on behalf of 
Baniameri, his representatives, assigns, agents or employees (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'')

[[Page 27419]]

exported or to be exported from the United States that is 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. Benefitting 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 
Section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to Baniameri by affiliation, 
ownership, control or position of responsibility in the conduct of 
trade or related services may also be subject to the provisions of this 
Order if necessary to prevent evasion of the 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 the foreign-produced direct 
product of U.S.-origin technology.
    V. This Order is effective immediately and shall remain in effect 
until August 12, 2021.
    VI. In accordance with Part 756 of the Regulations, Baniameri 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 the 
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 the Baniameri. This 
Order shall be published in the Federal Register.

    Issued this 3rd day of May 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012-11267 Filed 5-9-12; 8:45 am]
BILLING CODE P