[Federal Register: April 2, 2003 (Volume 68, Number 63)]
[Notices]
[Page 15982-15983]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap03-27]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Yaudat Mustaffa Talyi, a.k.a.
Joseph Talyi, and International Business Services, Ltd. and Top Oil
Tools, Ltd.
In the matter of Yaudat Mustafa Talyi, a.k.a. Joseph Talyi, 888
Cross Gates Boulevard, Slidell, Louisiana 70458, and International
Business Services, Ltd. 700 Gause Boulevard, Suite 304, Slidell,
Louisiana 70458, and 41 Chamale Cove East, Slidell, Louisiana 70460,
and 2301 Covington Highway 190, Slidell, Louisiana 70460,
Respondents, and Top Oil Tools, Ltd., 41 Chamale Cove East, Slidell,
Louisiana 70460, related person.
Renewal of Order Temporarily Denying Export Privileges
Through the Office of Export Enforcement (``OEE''), the Bureau of
Industry and Security (``BIS''), U.S. Department of Commerce, has
requested that I renew an order issued on September 30, 2002, pursuant
to Sec. 766.24 of the Export Administration Regulations (currently
codified at 15 CFR parts 730-774(2002)) (``EAR''),\1\ temporarily
denying all U.S. export privileges of Yaudat Mustafa Talyi, a.k.a.
Joseph Talyi, 800 Cross Gates Boulevard, Slidell, Louisiana 70458
(``Talyi''), and International Business Services, Ltd., 700 Gause
Boulevard, Suite 304, Slidell, Louisiana 70458, 41 Chamale Cove East,
Slidell, Louisiana 70460, and 2301 Covington Highway 190, Slidell,
Louisiana 70460, (``IBS''). BIS has also requested, pursuant to
Sec. Sec. 766.24(c) and 766.23 of the EAR, that I continue the
temporary denial order (``TDO'') as to the following person who is
related to IBS and Talyi: Top Oil Tools, Ltd., 41 Chamale Cove East,
Slidell, Louisiana 70460. BIS states in its request that, based upon
evidence previously adduced that was the basis for the issuance of the
September 30, 2003, TDO and evidence developed since that time, it
believes that Talyi, acting through his company IBS, has continued to
export and participate in the attempted export of items in violation of
the TDO in such a manner that suggests a likelihood that violations
will occur again absent a renewal of the TDO. Specifically, the
evidence indicates that after the TDO was issued on September 30, 2002,
Talyi attempted to violate the terms of the TDO by attempting to engage
in an export transaction and making it as one in which he played no
role. See BIS's Request for TDO Renewal dated March 10, 2003, at 3-5
(``BIS's Request''). In fact, Talyi ordered and purchased the items,
had them shipped to the business address of IBS, and attempted to
conceal the items in a shipment of personal effects from a local gas
station owned by his brother to his sister in the United Arab Emirates.
See id; see also BIS's Response dated March 26, 2003, at 3-4 (``BIS's
Response''). The evidence also establishes that on at least three
occasions after the TDO was issued, Talyi attempted to convince a
Louisiana oil field equipment broker to coordinate and manage exports
of oil field parts on Talyi's behalf. See BIS's Request at 5-7; see
also e-mails from Talyi to George Fortenberry dated Oct. 22, 2002, Nov.
11, 2002; and Dec. 13, 2002. Finally, BIS's evidence revealed an
additional illegal export of oil field equipment in October of 2001.
See id. at 7; see also BIS's Response at 4-5.
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\1\ From August 21, 1994 through November 12, 2000, the Act was
in lapse. During that period, the President, through Executive order
12924, which has been extended by successive Presidential Notices,
the last of which was August 3, 2000 (3 CFR, 2000 Com. 397 (2001)),
continued the EAR in effect under the International Emergency
Economic Powers Act (50 U.S.C. 1701-1701 (2000)) (``IEEPA''). On
November 13, 2000, the Act was reauthorized and it remained in
effect through August 20, 2001. 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)), as extended by the
notice of August 14, 2002 (67 FR 53721 (August 16, 2002)), has
continued the EAR in effect under IEEPA.
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OEE established when the TDO was issued on September 30, 2002, that
Top Oil Tools, Ltd., 41 Chamale Cove East, Slidell, Louisiana 70460, is
related by its ownership, control, affiliation, and connection with
Talyi and IBS such that it should be considered a related person under
the terms of this order. See BIS's Request at 8; see also Articles of
Incorporation of Top Oil Tools dated Dec. 10, 1999. Top Oil Tools, Ltd.
is a business owned and operated by Talyi, it is located at the same
address, and it has participated in some of the transactions in this
matter. See id. This relationship continues to exist. See Certificate
of Incorporation of Top Oil Tools from Louisiana Secretary of State
dated Jan. 7, 2003. Consequently, it is necessary to continue to name
Top Oil Tools, Ltd. as a person related to Talyi and IBS in order to
prevent evasion of the terms and conditions of this order.
On March 24, 2003, an attorney representing Talyi filed a timely
opposition to OEE's request that I renew the TDO. See letter from Frank
G. DeSalvo to Lisa A. Prager dated March 24, 2003. that opposition
questioned the weight of OEE's evidence that Talyi had violated the TDO
and that Talyi has participated in a illegal export of oil field
equipment in October 2001. See id. Talyi's opposition was terse,
conclusory, and presented no evidence to rebut the need for a renewal
of the TDO. See id.
In light of the evidence cited above, OEE's investigation
demonstrates that Talyi, through his company IBS, has committed or
attempted to commit repeated violations of U.S. export control laws,
including the EAR and the TDO, that such violations have been
deliberate and covert, and that, given the nature of the items shipped,
future such violations could go undetected. In addition, a renewal of
the TDO is needed to give notice to companies in the United States and
abroad that they should cease dealing with Talyi or IBS in export
transactions involving U.S.-origin items. such a TDO is clearly
consistent with the public interest to preclude future violations of
the EAR.
Accordingly, I am renewing this order because I have concluded that
a TDO continues to be necessary, in the public interest, to prevent an
imminent violation of the EAR.
It is therefore ordered: First, that Yaudat Mustafa Talyi, a.k.a.
Joseph Talyi, 888 Cross Gates Boulevard,
[[Page 15983]]
Slidell, Louisiana 70458 (``Talyi''), and International Business
Services, Ltd., 700 Gause Boulevard, Suite 304, Slidell, Louisiana
70458, 41 Chamale Cove East, Slidell, Louisiana 70460, and 2301
Covington Highway 190, Slidell, Louisiana 70460 (``IBS'') (hereinafter
collectively referred to as the ``denied persons''); and the following
person subject to the Order by its relationship to the denied person,
Top Oil Tools, Ltd., 41 Chamale Cove East, Slidell, Louisiana 70460
(the ``related person'') (together, the denied persons and the related
person are ``persons subject to this Order'') 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 serving 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 person subject to this
Order any item subject to the EAR;
B. Take any action that facilitates the acquisition or attempted
acquisition by a person subject to this order 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 person subject to
this order 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 person subject to this order of any
item subject to the EAR that has been exported from the United States.
D. Obtain from a person subject to this order in the Untied 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 person subject to this order, or
service any item, of whatever origin, that is owned, possessed or
controlled by a person subject to this order is 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, in addition to the related person named above, 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 the 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.
Fourth, that this Order does not prohibit any export, reexport, or
other transaction subject to the EAR where the only items involved that
are subject to the EAR are the foreign-produced direct product of U.S.-
origin technology.
In accordance with the provisions of Sec. 766.24(e) of the EAR,
denied persons 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. A related person may
appeal to the Administrative Law Judge at the aforementioned address in
accordance with the provisions of Sec. 766.23(c) of the EAR.
This Order is effective immediately upon expiration of the order
issued on September 30, 2002, or March 29, 2003, and shall remain in
effect for 180 days.
In accordance with the provisions of Sec. 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. Talyi or IBS 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 Talyi, IBS, and Top Oil
Tools, Ltd., and shall be published in the Federal Register
Entered this 26th day of March, 2003.
Lisa A. Prager,
Acting Assistant Secretary for Export Enforcement.
[FR Doc. 03-7858 Filed 4-1-03; 8:45 am]