[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Pages 14600-14601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04823]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Mohammad Khazrai Shaneivar, 16 Udine Court, 
Richmond Hill, Ontario, L4C8C6, Canada; Order Denying Export Privileges

    On October 1, 2020, in the U.S. District Court for the Northern 
District of Ohio, Mohammad Khazrai Shaneivar (``Shaneivar''), was 
convicted of violating the International Emergency Economic Powers Act 
(50 U.S.C. 1701, et seq.) (``IEEPA''). Specifically, Shaneivar was 
convicted of exporting and causing to be exported goods from the United 
States to Iran without the required authorizations from the United 
States Department of the Treasury's Office of Foreign Assets Control. 
As a result of his conviction, the Court sentenced Shaneivar to 
$100,000 criminal fine in lieu of probation or imprisonment and a $100 
assessment.
    Pursuant to section 1760(e) of the Export Control Reform Act 
(``ECRA''),\1\ the export privileges of any person who has been 
convicted of certain offenses, including, but not limited to, IEEPA, 
may be denied for a period of up to ten (10) years from the date of 
his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). In addition, 
any Bureau of Industry and Security (BIS) licenses or other 
authorizations issued under ECRA, in which the person had an interest 
at the time of the conviction, may be revoked. Id.
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    \1\ ECRA was enacted on August 13, 2018, as part of the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019 and, 
as amended, is codified at 50 U.S.C. 4801-4852.
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    BIS received notice of Shaneivar's conviction for violating IEEPA, 
and has provided notice and opportunity for Shaneivar to make a written 
submission to BIS, as provided in section 766.25 of the Export 
Administration Regulations (``EAR'' or the ``Regulations''). 15 CFR 
766.25.\2\ BIS has received notice from counsel that Shaneiver does not 
intend to submit a written submission.
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    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2022).
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    Based upon my review of the record and consultations with BIS's 
Office of Exporter Services, including its Director, and the facts 
available to BIS, I have decided to deny Shaneivar's export privileges 
under the Regulations for a period of ten years from the date of 
Shaneivar's conviction. The Office of Exporter Services has also 
decided to revoke any BIS-issued licenses in which Shaneivar had an 
interest at the time of his conviction.\3\
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    \3\ The Director, Office of Export Enforcement, is the 
authorizing official for issuance of denial orders, pursuant to 
amendments to the Regulations (85 FR 73411, November 18, 2020).
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    Accordingly, it is hereby ordered:
    First, from the date of this Order until October 1, 2030, Mohammad 
Khazrai Shaneivar, with a last known address of 16 Udine Court, 
Richmond Hill, Ontario, L4C8C6, Canada, 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,

[[Page 14601]]

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, reexport, or transfer (in-country) 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, pursuant to section 1760(e) of the Export Control Reform Act 
(50 U.S.C. 4819(e)) and sections 766.23 and 766.25 of the Regulations, 
any other person, firm, corporation, or business organization related 
to Shaneivar 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, Shaneivar 
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 Shaneivar and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until October 1, 2030.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-04823 Filed 3-8-23; 8:45 am]
BILLING CODE 3510-DT-P