[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Notices]
[Pages 67427-67428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26487]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Oguzhan Aydin, Celepkoy Mahallesi Mikail 
Cikmazi No: 2/1, Catalca, Istanbul, Turkey; Order Denying Export 
Privileges

    On August 3, 2016, in the U.S. District Court for the District of 
Columbia, Oguzhan Aydin (``Aydin'') was convicted of violating the 
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. 
(2012)) (``IEEPA''). Specifically, Aydin was convicted of violating 
IEEPA by exporting, causing to be exported, and attempting to export 
and cause the export of a General Electric CF6-50c2 engine, bearing 
manufacture's serial number 517621, with the intention of directly or 
indirectly supplying this item to Iran, and specifically to Mahan 
Airways,\2\ via transshipment through Turkey, without having first 
obtained the required U.S. Government authorization. Aydin was 
sentenced to nine (9) months and ten (10) days in prison, three years 
of supervised release, and an assessment of $100. Aydin also was placed 
on the U.S. Department of State Debarred List.
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    \1\ Mahan Airways (``Mahan'') has been subject to a BIS-issued 
temporary denial order (TDO) issued on March 17, 2008, and effective 
upon publication in the Federal Register on March 21, 2008. See 73 
FR 15,130. The TDO remains in effect against Mahan Airways, having 
been renewed most recently on June 5, 2019. See 84 FR 27,233. 
Additionally, in October 2011, the Department of the Treasury's 
Office of Foreign Assets Control designated Mahan as a Specially 
Designated Global Terrorist pursuant to Executive Order 13,224.
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    The Export Administration Regulations (``EAR'' or ``Regulations'') 
are administered and enforced by the U.S. Department of Commerce's 
Bureau of Industry and Security (``BIS'').\3\ Section 766.25 of the 
Regulations provides, in pertinent part, that the ``Director of [BIS's] 
Office of Exporter Services, in consultation with the Director of 
[BIS's] Office of Export Enforcement, may deny the export privileges of 
any person who has been convicted of a violation of . . . the 
International Emergency Economic Powers Act (50 U.S.C. 1701-1706).'' 15 
CFR 766.25(a). 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).\4\ In addition, pursuant to Section 750.8 of the 
Regulations, BIS's Office of Exporter Services may revoke any BIS-
issued licenses in which the person had an interest at the time of his/
her conviction.\5\
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    \3\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2019). The Regulations 
originally issued under the Export Administration Act of 1979, as 
amended, 50 U.S.C. 4601-4623 (Supp. III 2015) (``EAA''), which 
lapsed on August 21, 2001. The President, through Executive Order 
13,222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which was 
extended by successive Presidential Notices, continued the 
Regulations in full force and effect under the International 
Emergency Economic Powers Act, 50 U.S.C. 1701, et seq. (2012) 
(``IEEPA''). On August 13, 2018, the President signed into law the 
John S. McCain National Defense Authorization Act for Fiscal Year 
2019, which includes the Export Control Reform Act of 2018, 50 
U.S.C. 4801-4852 (``ECRA''). While Section 1766 of ECRA repeals the 
provisions of the EAA (except for three sections which are 
inapplicable here), Section 1768 of ECRA provides, in pertinent 
part, that all rules and regulations that were made or issued under 
the EAA, including as continued in effect pursuant to IEEPA, and 
were in effect as of ECRA's date of enactment (August 13, 2018), 
shall continue in effect according to their terms until modified, 
superseded, set aside, or revoked through action undertaken pursuant 
to the authority provided under ECRA.
    \4\ See also Section 11(h) of the EAA, 50 U.S.C. 4610(h) (Supp. 
III 2015); Sections 1760(e) and 1768 of ECRA, 50 U.S.C. 4819 and 
4826; and note 1, supra.
    \5\ See notes 2 and 3, supra.
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    BIS received notice of Aydin's conviction for violating IEEPA and, 
pursuant to Section 766.25 of the Regulations, provided notice and an 
opportunity for Aydin to make a written submission to BIS. BIS has 
received a written submission from Aydin.
    Based upon my review of the record, including Aydin's written 
submission, and consultations with BIS's Office of Export Enforcement, 
including its Director, and the facts available to BIS, I have decided 
to deny Aydin's export privileges under the Regulations for a period of 
10 years from the date of Aydin's conviction. I have also decided to 
revoke any BIS-issued licenses in which Aydin had an interest at the 
time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until August 3, 2026, Oguzhan 
Aydin, with a last known address at Celepkoy Mahallesi Mikail Cikmazi 
No: 2/1, Catalca, Istanbul, Turkey, 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 engaging 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 from 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.

[[Page 67428]]

    Third, pursuant to Section 1760(e) of the Export Control Reform Act 
(50 U.S.C. 4820(e) and Sections 766.23 and 766.25 of the Regulations, 
any other person, firm, corporation, or business organization related 
to Aydin 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, Aydin 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 Aydin and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until August 3, 2026.

    Issued this 3rd day of December 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019-26487 Filed 12-9-19; 8:45 am]
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