[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4250-4251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01438]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Ribway Airlines Company Limited, 54 Kairaba Avenue, Kanifing
Municipality, WRC, The Gambia
AF-Aviation Limited, Sebring House, 4 Newbridge Drive,
Wolverhampton, WV6 ODF, United Kingdom
Andy Farmer, Sebring House, 4 Newbridge Drive, Wolverhampton, WV6
ODF, United Kingdom
John Edward Meadows, 50 St. Leonards Road, Bexhill on Sea, East
Sussex, TN40 1JB, United Kingdom
Jeffrey John James Ashfield, 50 St. Leonards Road, Bexhill on Sea,
East Sussex, TN40 1JB, United Kingdom
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 Regulations of: Ribway Airlines Company Limited, Af-Aviation
Limited, Andy Farmer, John Edward Meadows, and Jeffrey John James
Ashfield.
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\1\ The EAR are currently codified at 15 CFR parts 730-774
(2015). The EAR 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 7, 2015 (80 FR 48,223 (Aug. 11,
2015)), 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 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 on or about
December 30, 2015, Af-Aviation Limited, a United Kingdom company which
holds itself out as providing aircraft ferry flight and trip planning
services, intends to ferry/reexport two Boeing 737 aircraft, with
manufacturer serial numbers 26458 and 26444, respectively, from Romania
to Iran. \2\ Moreover, publically available aviation databases
corroborate that MSNs 26458 and 26444 are destined to Iran, and
specifically to Caspian Airlines.\3\ The reexport of these aircraft
requires U.S. Government authorization
[[Page 4251]]
pursuant to Sections 742.8 and 746.7 of the Regulations. No U.S.
Government authorization has been applied for or authorized for the
reexport of these two aircraft to Iran. United Kingdom corporate
registration documents list Andy Farmer as the director of Af-Aviation
Limited. Both aircraft are currently registered in Gambia bearing tail
numbers C5-AMH (MSN 26458) and C5-AND (MSN 26444) and according to the
registration documents are currently owned by Ribway Airlines Company
Limited.
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\2\ Both Boeing 737s are subject to the EAR and are classified
under Export Control Classification Number (``ECCN'') 9A991.b and
are controlled for anti-terrorism reasons.
\3\ Pursuant to Executive Order 13324, Caspian Airlines was
designated a Specially Designated Global Terrorist (``SDGT'') by the
U.S. Department of the Treasury's Office of Foreign Assets Control
(``OFAC'') on August 29, 2014. See 79 FR 55,072 (Sep. 15, 2014).
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Finally, both aircraft were insured under a policy issued by a
United Kingdom insurance company. On December 30, 2015, those insurance
contracts were cancelled and the insurance company notified John Edward
Meadows and Jeffrey John James Ashfield, both United Kingdom citizens,
of the cancellation. OEE's evidence indicates that John Meadows and
Jeffrey Ashfield were both involved in brokering the sale of MSNs 26458
and 26444 to Caspian Airlines. OEE's investigation also reveals prior
business dealings between Meadows and Ashfield and Caspian Airlines.
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 temporary denial order (``TDO'') is needed to
give notice to persons and companies in the United States and abroad
that they should cease dealing with Ribway Airlines Company Limited,
Af-Aviation Limited, Andy Farmer, John Edward Meadows, and Jeffrey John
James Ashfield in export or reexport 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 an Order denying the export privileges of
Ribway Airlines Company Limited, Af-Aviation Limited, Andy Farmer, John
Edward Meadows, and Jeffrey John James Ashfield 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 RIBWAY AIRLINES COMPANY LIMITED, 54 Kairaba Avenue,
Kanifing Municipality, WCR, The Gambia; AF-AVIATION LIMITED, Sebring
House, 4 Newbridge Drive, Wolverhampton, WV6 ODF, United Kingdom; ANDY
FARMER, Sebring House, 4 Newbridge Drive, Wolverhampton, WV6 ODF,
United Kingdom, JOHN EDWARD MEADOWS, 50 St. Leonards Road, Bexhill on
Sea, East Sussex, TN40 1JB, United Kingdom; and JEFFREY JOHN JAMES
ASHFIELD, 50 St. Leonards Road, Bexhill on Sea, East Sussex, TN40 1JB,
United Kingdom, 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,
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. 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 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 19, 2016.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2016-01438 Filed 1-25-16; 8:45 am]
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