6 September 2006
-----------------------------------------------------------------------
[Federal Register: September 6, 2006 (Volume 71, Number 172)]
[Rules and Regulations]
[Page 52426-52428]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se06-13]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 736
[Docket No. 060818222-6222-01]
RIN 0694-AD83
Amendment to General Order No. 3: Addition of Certain Entities
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security is revising the Export
Administration Regulations (EAR) by amending a general order published
on June 5, 2006 in the Federal Register to add nine additional entities
related to Mayrow General Trading. That general order imposed a license
requirement for exports and reexports of all items subject to EAR where
the transaction involved Mayrow General Trading or entities related, as
specified in that general order. The order also prohibited the use of
License Exceptions for exports or reexports of any items subject to the
EAR involving such entities. This rule will add the following entities
related to Mayrow General Trading to that general order: Akbar Ashraf
Vaghefi (Germany and the United Arab Emirates (UAE)), Neda Overseas
Electronics L.L.C. (UAE), Mostafa Salehi (UAE), IKCO Trading GmbH
(Germany), Pyramid Technologies (UAE), A.H. Shamnad (UAE), S. Basheer
(UAE), Hamed Athari (UAE), and Mayrow Technics Co. (UAE). In addition,
this rule will spell out the full name and provide a pseudonym of one
of the previous entities listed in the general order, F.N. Yaghmaei, as
Farrokh Nia Yaghmaei, a.k.a., Farrokh Nia Yaghmayi.
DATES: Effective Date: This rule is effective September 6, 2006.
FOR FURTHER INFORMATION CONTACT: Michael D. Turner, Director, Office of
Export Enforcement, Bureau of Industry and Security, Department of
Commerce, P.O. Box 273, Washington, DC 20044; Phone: (202) 482-1208,
x3; E-mail: rpd2@bis.doc.gov; Fax: (202) 482-0964.
SUPPLEMENTARY INFORMATION:
Background
The United States Government, including the United States
Department of Commerce, Bureau of Industry and Security (BIS), has come
into the possession of information giving reason to believe, based on
specific and articulable facts, that Akbar Ashraf Vaghefi (Germany and
the United Arab
[[Page 52427]]
Emirates (UAE)), Neda Overseas Electronics L.L.C. (UAE), Mostafa Salehi
(UAE), IKCO Trading GmbH (Germany), Pyramid Technologies (UAE), A.H.
Shamnad (UAE), S. Basheer (UAE), Hamed Athari (UAE), and Mayrow
Technics Co. (UAE) are affiliated or conducting business with Mayrow
General Trading and its related entities, and have acquired or
attempted to acquire electronic components and devices capable of being
used to construct Improvised Explosive Devices (IEDs). These electronic
components and devices (``the commodities'') have been, and may
continue to be, employed in IEDs or other explosive devices used
against Coalition Forces in Iraq and Afghanistan.
In order to protect Coalition Forces operating in Iraq and
Afghanistan, the Department of Commerce is amending General Order No.
3, set forth in Supplement No. 1 to part 736, to curtail the named
entities' acquisition of the commodities. Pursuant to 15 CFR parts 736
and 744 (2006), that order imposed a license requirement for exports
and reexports of all items subject to the Export Administration
Regulations (EAR) (15 CFR parts 730 through 774) (2006) to Mayrow
General Trading and entities related to or controlled by it.
Specifically, this rule adds nine additional entities to General Order
No. 3 that are related to Mayrow General Trading as follows:
Akbar Ashraf Vaghefi, Koburgerstr 10, D-10825, Berlin, Germany; and
Shop No. 3-4 Sharafia Ahmed Ali Building, Al Nakheel, Deira, Dubai,
U.A.E.;
Neda Overseas Electronics L.L.C., No. 308, 3rd Floor, Rafi Center,
Al Nakheel, Deira, Dubai, U.A.E.;
Mostafa Salehi, No. 308, 3rd Floor, Rafi Center, Al Nakheel, Deira,
Dubai, U.A.E.;
IKCO Trading GmbH, Schadowplatz 5, 40212 Dusseldorf, Germany;
Pyramid Technologies, P.O. Box 42340, Dubai, U.A.E.; and No. 3-4,
Sharafia Ahmed Ali Building, Al Nakheel, Deira, Dubai 396, U.A.E.;
A.H. Shamnad, P.O. Box 42340, Dubai, U.A.E.; and No. 3-4 Sharafia
Ahmed Ali Building, Al Nakheel, Deira, Dubai 396, U.A.E.;
S. Basheer, No. 3-4 Sharafia Ahmed Ali Building, Al Nakheel, Deira,
Dubai 396, U.A.E.;
Hamed Athari, No. 3-4 Sharafia Ahmed Ali Building, Al Nakheel,
Deira, Dubai 396, U.A.E.; and
Mayrow Technics Co, No. 3-4 Sharafia Ahmed Ali Building, Al
Nakheel, Deira, Dubai 396, U.A.E.
Under this order, a BIS license is required for the export or
reexport of any item subject to the EAR to any of the above-named
entities, including any transaction in which any of the above-named
entities will act as purchaser, intermediate consignee, ultimate
consignee, or end-user of the items. This order also prohibits the use
of License Exceptions (see part 740 of the EAR) for exports and
reexports of items subject to the EAR involving such entities.
This rule will spell out the full name and provide a pseudonym of
one of the entities that was listed in General Order No. 3 published on
June 5, 2006. F.N. Yaghmaei will now be listed as Farrokh Nia Yaghmaei,
a.k.a., Farrokh Nia Yaghmayi, in the general order to better assist the
public.
Consistent with section 6 of the Export Administration Act of 1979,
as amended (50 U.S.C. app. 2401-2420) (2000) (the ``Act''), a foreign
policy report was submitted to Congress on August 29, 2006, notifying
Congress of the imposition of a control in the form of a licensing
requirement for exports and reexports of all items subject to the EAR
destined to the nine additional entities related to Mayrow General
Trading that are added to General Order No. 3 with this final rule.
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 most recently by the Notice of August 3, 2006 (71
FR 44551 (August 7, 2006)), has continued the EAR in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706
(2000)) (``IEEPA''). BIS continues to carry out the provisions of the
Act, as appropriate and to the extent permitted by law, pursuant to
Executive Order 13222.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Total burden hours associated with the Paperwork Reduction
Act and Office and Management and Budget control number 0694-0088 are
expected to increase slightly as a result of this rule. Send comments
regarding these burden estimates or any other aspect of this collection
of information, including suggestions for reducing the burden, to David
Rostker, OMB Desk Officer, by e-mail at david_rostker@omb.eop.gov or
by fax to (202) 395-7285; and to the Regulatory Policy Division, Bureau
of Industry and Security, Department of Commerce, P.O. Box 273,
Washington, DC 20044, e-mail: publiccomments@bis.doc.gov.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States. (See 5 U.S.C. 553(a)(1)). Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et. seq., are not applicable.
List of Subjects in 15 CFR Part 736
Exports, foreign trade.
0
Accordingly, part 736 of the Export Administration Regulations (15 CFR
part 736) is amended as follows:
PART 736--[AMENDED]
0
1. The authority citation for 15 CFR part 736 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 2151 (note), Public Law 108-175; E.O. 12938, 59 FR 59099,
3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996
Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69
FR 26751, May 13, 2004; Notice of October 25, 2005, 70 FR 62027
(October 27, 2005); Notice of August 3, 2006, 71 FR 44551 (August 7,
2006).
0
2. General Order 3 to Supplement No. 1 to part 736, is amended:
0
a. By revising the heading, redesignating the text of paragraph (a) as
paragraph (a)(1) and revising the name
[[Page 52428]]
``F.N. Yaghmaei'' to read ``Farrokh Nia Yaghmaei, a.k.a., Farrokh Nia
Yaghmayi'';
0
b. By adding new paragraph (a)(2); and
0
c. By revising paragraph (b) to read as follows:
Supplement No. 1 to Part 736--General Orders
* * * * *
General Order No. 3 of June 5, 2006, as amended on September 6,
2006; Imposition of license requirement for exports and reexports of
items subject to the EAR to Mayrow General Trading and entities
related, as follows: Micatic General Trading; Majidco Micro
Electronics; Atlinx Electronics; Micro Middle East Electronics;
Narinco; Farrokh Nia Yaghmaei, a.k.a., Farrokh Nia Yaghmayi; H. Ghasir;
Akbar Ashraf Vaghefi, Neda Overseas Electronics L.L.C., Mostafa Salehi,
IKCO Trading GmbH, Pyramid Technologies, A.H. Shamnad, S. Basheer,
Hamed Athari, and Mayrow Technics Co. Mayrow General Trading and all
entities related are located in Dubai, United Arab Emirates; except for
Akbar Ashraf Vaghefi (located in Germany and Dubai, United Arab
Emirates) and IKCO Trading GmbH (located in Germany).
(a) License requirements. (1) Effective June 5, 2006, a license is
required to export or reexport any item subject to the EAR to Mayrow
General Trading or entities related, as follows: Micatic General
Trading; Majidco Micro Electronics; Atlinx Electronics; Micro Middle
East Electronics; Narinco; Farrokh Nia Yaghmaei, a.k.a., Farrokh Nia
Yaghmayi; and H. Ghasir. Mayrow General Trading and all entities
related described in paragraph (a)(1) are located in Dubai, United Arab
Emirates. This license requirement applies with respect to any
transaction in which any of the above-named entities will act as
purchaser, intermediate consignee, ultimate consignee, or end-user of
the items.
(2) Effective September 6, 2006, a license is required to export or
reexport any item subject to the EAR to these entities related to
Mayrow General Trading, as follows: Akbar Ashraf Vaghefi; Neda Overseas
Electronics L.L.C.; Mostafa Salehi; IKCO Trading GmbH; Pyramid
Technologies; A.H. Shamnad; S. Basheer; Hamed Athari; and Mayrow
Technics Co. All entities related to Mayrow General Trading described
in paragraph (a)(2) are located in Dubai, United Arab Emirates; except
for Akbar Ashraf Vaghefi (located in Germany and Dubai, United Arab
Emirates) and IKCO Trading GmbH (located in Germany). This license
requirement applies with respect to any transaction in which any of the
above-named entities will act as purchaser, intermediate consignee,
ultimate consignee, or end-user of the items.
(b) License Exceptions. No License Exceptions are available for
exports or reexports involving the entities described in paragraph
(a)(1) and (a)(2) of this General Order.
Dated: August 30, 2006.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. E6-14738 Filed 9-5-06; 8:45 am]
BILLING CODE 3510-33-P