[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Notices]
[Pages 1823-1824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00229]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Temporarily Denying Export Privileges
3K Aviation Consulting & Logistics, a/k/a 3K Havacilik Ve
Danismanlik SAN. TIC. LTD. ST., Biniciler Apt. Savas Cad. No. 18/5,
Sirinyali Mah. 07160, Antalya, Turkey
and
Sonmez Apt. No. 4/5 1523 Sokak, Sirinyali Mah. 07160, Antalya,
Turkey
Huseyin Engin Borluca, Biniciler Apt. Savas Cad. No. 18/5, Sirinyali
Mah. 07160, Antalya, Turkey
and
Sonmez Apt. No. 4/5 1523 Sokak, Sirinyali Mah. 07160, Antalya,
Turkey)
Adaero International Trade, LLC, 2326 17th Avenue, Rockford, IL
61104
and
IDTM B 1 Blok, Kat 14 No: 439, Yesilkoy, Istanbul, Turkey
Recep Sadettin Ilgin, 2326 17th Avenue, Rockford, IL 61104
and
IDTM B 1 Blok, Kat 14 No: 439, Yesilkoy, Istanbul, Turkey
Pouya Airline, a/k/a Pouya Air, Mehrebad Airport, Tehran, Iran
Respondents.
Pursuant to Section 766.24 of the Export Administration Regulations
(the ``Regulations'' or ``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: 3K Aviation Consulting & Logistics, also known as 3K
Havacilik Ve Danismanlik SAN. TIC. LTD. ST.; Huseyin Engin Boluca (3K
Aviation Consulting & Leasing's founder and director); Adaero
International Trade, LLC; Recep Sadettin Ilgin (Adaero International
Trade's managing director); and Pouya Airline, also known as Pouya Air.
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\1\ The EAR is currently codified at 15 CFR Parts 730-774
(2013). 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 8, 2013 (78 FR 49107
(Aug. 12, 2013)), has continued the Regulations in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701, et
seq.) (2006 & Supp. IV 2010).
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Pursuant to Section 766.24, BIS may issue an order temporarily
denying a respondent's export privileges upon a showing that the order
is necessary in the public interest to prevent an ``imminent
violation'' of the Regulations. 15 CFR 766.24(b)(1) and 776.24(d). ``A
violation may be `imminent' either in time or degree of likelihood.''
15 CFR 766.24(b)(3). BIS may show ``either that a violation is about to
occur, or that the general circumstances of the matter under
investigation or case under criminal or administrative charges
demonstrate a likelihood of future violations.'' Id. As to the
likelihood of future violations, BIS may show that the violation under
investigation or charge ``is significant, deliberate, covert and/or
likely to occur again, rather than technical or negligent[.]'' Id. A
``lack of information
[[Page 1824]]
establishing the precise time a violation may occur does not preclude a
finding that a violation is imminent, so long as there is sufficient
reason to believe the likelihood of a violation.'' Id.
In its request, BIS has presented evidence that, in December 2013,
two U.S.-origin General Electric CF6 aircraft engines \2\ bearing
manufacturer's serial numbers (``MSN'') 695244 and 705112 were
transported on behalf of Adaero International Trade, LLC to 3K Aviation
Consulting & Logistics (``3K Aviation''), which is located in Turkey.
Additionally, BIS has been notified that 3K Aviation is preparing to
immediately re-export the engines to Iran without the U.S. Government
authorization required by Section 746.7 of the EAR. BIS was further
notified that Pouya Airline, an Iranian cargo airline, is scheduled to
transport both engines from Turkey to Iran on January 7, 2014.
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\2\ The engines are items subject to the Regulations, classified
under Export Control Classification Number 9A991.d, and controlled
for anti-terrorism reasons.
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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 3K Aviation Consulting &
Logistics, Huseyin Engin Borluca, Adaero International Trade, Recep
Sadettin Ilgin, and Pouya Airline is necessary, in the public interest,
to prevent an imminent violation of the EAR.
This Order is being issued on an ex parte basis without a hearing
based upon BIS's showing of an imminent violation in accordance with
Section 766.24 of the Regulations.
It is therefore ordered:
First, that 3K AVIATION CONSULTING & LOGISTICS, A/K/A 3K HAVACILIK
VE DANISMANLIK SAN. TIC. LTD. ST., Biniciler Apt. Savas Cad. No. 18/5,
Sirinyali Mah. 07160, Antalya, Turkey, and Sonmez Apt. No. 4/5 1523
Sokak, Sirinyali Mah. 07160, Antalya, Turkey; HUSEYIN ENGIN BORLUCA,
Biniciler Apt. Savas Cad. No. 18/5, Sirinyali Mah. 07160, Antalya,
Turkey, and Sonmez Apt. No. 4/5 1523 Sokak, Sirinyali Mah. 07160,
Antalya, Turkey; ADAERO INTERNATIONAL TRADE, LLC, 2326 17th Avenue,
Rockford, IL 61104, and IDTM B1 Blok, KAT 14 No. 439, Ysilkoy,
Istanbul, Turkey; RECEP SADETTIN ILGIN, 2326 17th Avenue, Rockford, IL
61104, and IDTM B1 Blok, KAT 14 No. 439, Ysilkoy, Istanbul, Turkey; and
POUYA AIRLINE, a/k/a POUYA AIR, Mehrebad Airport, Tehran, Iran; and
when acting for or on their behalf, any successors or assigns, agents,
or employees (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. Benefitting 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 a Denied Person any item
subject to the EAR;
B. Take any action that facilitates the acquisition or attempted
acquisition by a 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 a 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 a Denied Person of any item subject to
the EAR that has been exported from the United States;
D. Obtain from a 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 a Denied Person, or service any item,
of whatever origin, that is owned, possessed or controlled by a 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 a 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.
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.
Dated: January 3, 2014.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2014-00229 Filed 1-9-14; 8:45 a.m.]
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