[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Pages 19195-19197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07278]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


RH International, LLC, 2531 West Maryland Avenue, Tampa, FL 
33629, Respondent, Mohammad Reza (a/k/a Ray) Hajian, 2531 West Maryland 
Avenue, Tampa, FL 33629, Related Person; Order Denying Export 
Privileges

A. Denial of Export Privileges of RH International, LLC

    On October 18, 2012, in the U.S. District Court, Middle District of 
Florida Tampa Division, RH International, LLC (``RH International'') 
was convicted of violating the International Emergency Economic Powers 
Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)) (``IEEPA''). 
Specifically, RH International was convicted of knowingly and willfully 
conspiring with other individuals to violate IEEPA and the Iranian 
Transactions Regulations (31 CFR 560.203, 560.204) by exporting 
computer and related equipment from the United States through the 
U.A.E. to Iran without first having obtained the required license from 
the Office of Foreign Assets Control. RH was sentenced to 12 months of 
unsupervised probation and a fine of $400.00.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent

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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 EAA, the EAR, of 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 (2012). The Regulations 
issued pursuant to the EAA (50 U.S.C. app. Sec. Sec.  2401-2420 
(2000)). Since August 21, 2001, the Export Administration Act 
(``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 15, 2012 (77 FR 49699, August 16, 2012), 
has continued the Regulations in effect under the IEEPA.
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    I have received notice of RH International's conviction for 
violating the IEEPA, and have provided notice and an opportunity for RH 
International to make a written submission to BIS, as provided in 
Section 766.25 of the Regulations. I have not received a submission 
from RH International. 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 RH International's 
export privileges under the Regulations for a period of 10 years from 
the date of RH International's conviction. I have also decided to 
revoke all licenses issued pursuant to the Act or Regulations in which 
RH International had an interest at the time of its conviction.

B. Denial of Export Privileges of Related Person

    Pursuant to Sections 766.25(h) and 766.23 of the Regulations, the 
Director of BIS's Office of Exporter Services, in consultation with the 
Director of BIS's Office of Export Enforcement, may take action to name 
persons related to a Respondent by ownership, control, position of 
responsibility, affiliation, or other connection in the conduct of 
trade or business in order to prevent evasion of a denial order. 
Mohammad Reza (a/k/a ``Ray'') Hajian (``Hajian'') is the owner and 
operator of RH International. Hajian pled guilty under 18 U.S.C. 371 to 
one count of conspiracy to violate IEEPA for his role in falsifying 
export control documents in relation to diverting U.S. origin items to 
Iran via the U.A.E. Hajian was sentenced to 48 months in prison, a $10 
million dollar judgment, a special assessment of $100, and one year of 
supervised probation. Hajian is also the owner and operator of P&P 
Computers and Nexiant, LLC, which were also convicted of the same crime 
as RH International in related matters. Therefore, Hajian is related to 
RH International by ownership, control, position of responsibility, 
affiliation, or other connection in the conduct of trade or business. 
BIS believes that naming Hajian as a related person to RH International 
is necessary to avoid evasion of the denial order against RH 
International.
    As provided in Section 766.23 of the Regulations, I gave notice to 
Hajian that his export privileges under the Regulations could be denied 
for up to 10 years due to his relationship with RH International and 
that BIS believes naming him as a person related to RH International 
would be necessary to prevent evasion of a denial order imposed against 
RH International. In providing such notice, I gave Hajian an 
opportunity to oppose his addition to the RH International Denial Order 
as a related party. Having received no submission from Hajian, I have 
decided, following consultations with BIS's Office of Export 
Enforcement, including its Director, to name Hajian as a Related Person 
to the RH International Denial Order, thereby denying his export 
privileges for 10 years from the date of RH International's conviction.
    I have also decided to revoke all licenses issued pursuant to the 
Act or Regulations in which the Related Person had an interest at the 
time of RH International's conviction. The 10 year denial period will 
end on October 18, 2022.
    Accordingly, it is hereby ordered
    I. Until October 18, 2022, RH International, LLC with last known 
addresses at: 2531 West Maryland Avenue, Tampa, FL 33629, and when 
acting for or on behalf of RH International, its successors or assigns, 
agents or employees (collectively referred to hereinafter as the 
``Denied Person''), and the following person related to the Denied 
Person as defined by Section 766.23 of the Regulations: Mohammad Reza 
(a/k/a ``Ray'') Hajian (``Hajian''), with a last known address at: 2531 
West Maryland Avenue, Tampa, FL 33629, and when acting for or on behalf 
of Hajian, his representatives, assigns, agents, or employees (``the 
Related Person'') (together, the Denied Person and the Related Person 
are ``Persons Subject to this Order''), 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 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. 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 Persons Subject to 
this Order any item subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Persons Subject to this Order 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 Persons 
Subject to this Order acquire or attempt to acquire such ownership, 
possession or control;
    C. Take any action to acquire from or to facilitate the acquisition 
or attempted acquisition from the Persons Subject to this Order of any 
item subject to the Regulations that has been exported from the United 
States;
    D. Obtain from the Persons Subject to this Order 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

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    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 Persons Subject to 
this Order, or service any item, of whatever origin, that is owned, 
possessed or controlled by the Persons Subject to this Order 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. In addition to the Related Person named above, 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 the Denied Person 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 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 October 18, 2022.
    VI. In accordance with Part 756 of the Regulations, RH 
International 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. In accordance with Part 756 of the Regulations, the Related 
Person may also 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.
    VIII. A copy of this Order shall be delivered to the Denied Person 
and the Related Person. This Order shall be published in the Federal 
Register.

    Issued this 21st day of March, 2013.
 Bernard Kritzer,
 Director, Office of Exporter Services.
[FR Doc. 2013-07278 Filed 3-28-13; 8:45 am]
BILLING CODE 3510-DT-P