[Federal Register: February 13, 2007 (Volume 72, Number 29)]
[Notices]
[Page 6712-6713]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe07-18]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Petrom GmbH International
Trade and Majid Rahmanifar; Order Making Order Denying Export
Privileges of Petrom GmbH International Trade Applicable to Related
Person Majid Rahmanifar.
In the Matter of: Petrom GmbH International Trade, Maria-
Theresia Strasse 26, Munich 81675, Germany, Respondent, and Majid
Rahmanifar, Moehlstrasse 31, Munich 81675, Germany, Related Person.
Pursuant to section 766.23 of the Export Administration Regulations
(``EAR''), the Bureau of Industry and Security (``BIS''), U.S.
Department of Commerce, through its Office of Export Enforcement
(``OEE''), has requested that I make the Denial Order that was imposed
against Petrom GmbH International Trade (``Petrom GmbH'') on June 6,
2005 (70 FR 32743) applicable to the following individual (hereinafter,
the ``Related Person''), as a person related to Petrom GmbH: Majid
Rahmanifar, Moehlstrasse 31, Munich 81675, German.
Section 766.23 of the Export Administration Regulations (the
``Regulations'') provide that ``[i]n order to prevent evasion, certain
types of orders under this part may be made applicable not only to the
respondent, but also to other persons then or thereafter related to the
respondent by ownership, control, position of responsibility,
affiliation, or other connection in the conduct of trade or business.
Orders that may be made applicable to related persons include those
that deny or affect export privilages * * *'' 15 CFR 766.23(a).
On June 6, 2005, an Order pursuant to Part 766 of the Regulation
imposing a twenty-year denial of export privileges against Petrom GmbH
was published in
[[Page 6713]]
the Federal Register to conclude administrative charges pending against
Petrom GmbH. See 70 FR 32473 (June 6, 2005). Petrom GmbH was found to
have conspired and acted in concert with others, known and unknown, to
bring about acts that constitute violations of the Regulations by
arranging the export from the United States to Iran via Germany of
items subject to the Regulations and the Iranian Transactions
Regulations without the required U.S. government authorizations and to
have solicited on six separate occasions violations of the Regulations
by ordering the shipment of the items at issue from the United States
to Iran via Germany. Furthermore, in making each of these six unlawful
solicitations, Petrom GmbH acted with knowledge that violations of the
Regulations were intended to occur, as Iran was the intended ultimate
destination of the items. All violations occurred from on or about
March 1999 to on or about May 2000.
The Order against Petrom GmbH is an order that may be made
applicable to related persons pursuant to section 766.23 of the
Regulations upon evidence that indicates that the person is related to
Petrom GmbH by ownership, control, position of responsibility,
affiliation, or other connection in the conduct of trade or business,
and that it is necessary to add this person to the Denial Order imposed
against Petrom GmbH in order to avoid evasion of that Order. The
determination was based on evidence establishing that Majid Rahmanifar
is the sole owner of Petrom GmbH. As such, he overseas all activities
of the company. Rahmanifar holds all nominal capital related to Petrom
GmbH, which was formerly located at his home.
BIS notified the Related Person of its plans to take this action.
In January 2006, BIS sent a letter to Related Person by registered mail
notifying him of BIS's intent to add him as a related person to the May
26, 2005 Denial Order against Petrom GmbH. The Related Person signed
for the letter, thereby indicating that he received it. No response,
however, was ever returned to BIS by the Related Person.
Based upon the foregoing, it is my belief that Majid Rahmanifar is
related to Petrom GmbH ``by ownership, control, position of
responsibility, affiliation, or other connection in the conduct of
trade or business'' and I find that it is necessary to make the Order
imposed against Petrom GmbH applicable to the Related Person to prevent
the evasion of that Order.
It is now therefore ordered, First, that having been provided
notice and opportunity for comment as provided in section 766.23 of the
Regulations, Majid Rahmanifar, Moehlstrasse 31, Munich 81675. Germany
(``Related Person'') has been determined to be related to Petrom GmbH
International Trade, Maria-Theresia Strasse 26, Munich 81675, Germany
(a.k.a. Petrom GmbH) by affiliation, ownership, control, or position of
responsibility in the conduct of trade or related services, and it has
been deemed necessary to make the Order denying the export privileges
of Petrom GmbH applicable to this Related Person in order to prevent
evasion of the Order.
Second, that the denial of export privileges described in the Order
against Petrom GmbH, which was published in the Federal Register on
June 6, 2005 at 70 FR 32,743, shall be made applicable to the Related
Person until its expiration on June 6, 2025, as follows:
I. The Related Person and, when acting for or on behalf of the
Related Person, its representatives, agents, assigns, or employees
(collectively, ``Denied Person'') may not participate, directly or
indirectly, 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, or in any other activity 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 in any other
activity subject to the Regulations; or
C. Benefiting 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 in any other activity subject to the Regulations.
II. 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, that in accordance with the provisions of section 766.23(c)
of the Regulations, the Related Person may, at any time, make an appeal
related to 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.
Fourth, that this Order does not prohibit any export, reexport, or
other transaction subject to the Regulations where the only items
involved that are subject to the Regulations are the foreign-produced
direct product of U.S.-origin technology.
Fifth, this Order shall be published in the Federal Register and a
copy provided to the Related Person.
This Order is effective upon publication in the Federal Register.
Entered this 5th day of February, 2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 07-620 Filed 2-12-07; 8:45am]