[Federal Register Volume 79, Number 218 (Wednesday, November 12, 2014)]
[Notices]
[Pages 67158-67159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26701]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 Order Denying Export Privileges; In the Matter of: Mohammad 
Hakim Hashemi, 29 The Cedars, Herons Lorde, London, England W138JF

    On December 16, 2013, in the U.S. District Court for the Southern 
District of California, Mohammad Hakim Hashemi (``Hashemi'') was 
convicted of violating the International Emergency Economic Powers Act 
(50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)) (``IEEPA''). 
Specifically, Hashemi knowingly and willfully agreed and conspired with 
others, known and unknown, to export and cause the exportation, sale, 
and supply, indirectly, of aircraft parts from the United States to 
Iran without having first obtained the required licenses and 
authorizations from the Office of Foreign Assets Control, United States 
Department of Treasury (``OFAC''), and to engage in transactions within 
the Unites States that evade and avoid, and have the purpose of evading 
and avoiding, the prohibition against exporting, reexporting, selling 
and supplying, directly and indirectly, aircraft parts from the United 
States to Iran without having first obtained the required licenses and 
authorizations from OFAC. Hashemi was sentenced to 27 months of 
imprisonment, three years of supervised release, and a $100 assessment.
    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. 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. 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 (2014). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. app. 
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 7, 2014 (79 FR 46959 (August 11, 2014)), 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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    BIS has received notice of Hashemi's conviction for violating the 
IEEPA and in accordance with Section 766.25 of the Regulations, BIS has 
provided notice and an opportunity for Hashemi to make a written 
submission to BIS. Subsequently, BIS granted Hashemi a 60-day extension 
until September 26, 2014 to submit a response. BIS has not received a 
submission from Hashemi.
    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 Hashemi's export privileges under the Regulations 
for a period of 10 years from the date of Hashemi's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Hashemi had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:

[[Page 67159]]

    First, from the date of this Order until December 16, 2023, 
Mohammad Hakim Hashemi, with a last known address of 29 The Cedars, 
Herons Lorde, London, England W138JF, and when acting for or on his 
behalf, his successors, assigns, employees, agents or representatives 
(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'') 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.
    Second, 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.
    Third, 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 Hashemi by ownership, control, 
position of responsibility, affiliation, or other connection in the 
conduct of trade or business may also be made subject to the provisions 
of this Order in order to prevent evasion of this Order.
    Fourth, in accordance with Part 756 of the Regulations, Hashemi 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.
    Fifth, a copy of this Order shall be delivered to the Hashemi. This 
Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until December 16, 2023.

    Issued this 5th day of November, 2014.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2014-26701 Filed 11-10-14; 8:45 am]
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