[Federal Register Volume 85, Number 131 (Wednesday, July 8, 2020)]
[Notices]
[Pages 40966-40967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14597]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Mahin Mojtahedzadeh a.k.a. Mahin Toussi,
Mojtahedzadeh a.k.a. Mahin Mojtahedzadeh Toussi No 63, Aghaghia 3,
Milad 16, Sajjad BLVD, Mashhad. Iran; Order Denying Export Privileges
On January 30, 2020, in the U.S. District Court for the Northern
District of New York, Mahin Mojtahedzadeh, a.k.a. Mahin Toussi
Mojtahedzadeh, a.k.a. Mahin Mojtahedzadeh Toussi (``Mojtahedzadeh''),
was convicted of violating the International Emergency Economic Powers
Act (50 U.S.C. Sec. 1701, et seq. (2012)) (``IEEPA''). Specifically,
Mojtahedzadeh was convicted of violating IEEPA by conspiring to
unlawfully export gas turbine parts from the United States to Iran
without having first obtained the required U.S. Government
authorization. Mojtahedzadeh was sentenced to time served, a $100
special assessment and a fine of $5,000.
Pursuant to Section 1760(e) of the Export Control Reform Act
(``ECRA''),\2\ 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 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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\2\ ECRA was enacted 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. Mojtahedzadeh's conviction post-
dates ECRA's enactment on August 13, 2018.
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BIS received notice of Mojtahedzadeh's conviction for violating
IEEPA, and has provided notice and opportunity for Mojtahedzadeh 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.\3\ BIS has not received a written submission from
Mojtahedzadeh.
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\3\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR Parts 730-774 (2020). 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''). Section 1768 of ECRA, 50 U.S.C. 4826, 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. See note
1, supra.
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Based upon my review of the record and consultations with BIS's
Office of Export Enforcement, including its Director, and the facts
available to BIS, I have decided to deny Mojtahedzadeh's export
privileges under the Regulations for a period of 10 years from the date
of Mojtahedzadeh's conviction. I have also decided to revoke any BIS-
issued licenses in which Mojtahedzadeh had an interest at the time of
her conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until January 30, 2030, Mahin
Mojtahedzadeh, a.k.a. Mahin Toussi Mojtahedzadeh, a.k.a. Mahin
Mojtahedzadeh Toussi, with a last known address of No 63, Aghaghia 3,
[[Page 40967]]
Milad 16, Sajjad BLVD, Mashhad. Iran, and when acting for or on her
behalf, her 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.
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 Mojtahedzadeh 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,
Mojtahedzadeh 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 Mojtahedzadeh and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 30, 2030.
Issued this 1st day of July, 2020.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2020-14597 Filed 7-7-20; 8:45 am]
BILLING CODE 3510-DT-P