Order Renewing Order Temporarily Denying Export Privileges

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>Bureau of Industry and Security</SUBAGY> <SUBJECT>Order Renewing Order Temporarily Denying Export Privileges</SUBJECT> <EXTRACT> <FP SOURCE="FP-1">Mahan Airways, Mahan Tower, No. 21, Azadegan St., M.A. Jenah Exp. Way, Tehran, Iran</FP> <FP SOURCE="FP-1">Pejman Mahmood Kosarayanifard, a/k/a Kosarian Fard, P.O. Box 52404, Dubai, United Arab Emirates;</FP> <FP SOURCE="FP-1">Mahmoud Amini, G#22 Dubai Airport Free Zone, P.O. Box 393754, Dubai, United Arab Emirates</FP> <FP SOURCE="FP-1">and</FP> <FP SOURCE="FP-1">P.O. Box 52404, Dubai, United Arab Emirates</FP> <FP SOURCE="FP-1">and</FP> <FP SOURCE="FP-1">Mohamed Abdulla Alqaz Building, Al Maktoum Street, Al Rigga, Dubai, United Arab Emirates;</FP> <FP SOURCE="FP-1">Kerman Aviation, a/k/a GIE Kerman Aviation, 42 Avenue Montaigne 75008, Paris, France</FP> <FP SOURCE="FP-1">Sirjanco Trading LLC, P.O. Box 8709, Dubai, United Arab Emirates</FP> <FP SOURCE="FP-1">Mahan Air General Trading LLC, 19th Floor Al Moosa Tower One, Sheik Zayed Road, Dubai 40594, United Arab Emirates</FP> <FP SOURCE="FP-1">Mehdi Bahrami, Mahan Airways-Istanbul Office, Cumhuriye Cad. Sibil Apt No: 101 D:6, 34374 Emadad, Sisli Istanbul, Turkey</FP> <FP SOURCE="FP-1">Al Naser Airlines, a/k/a al-Naser Airlines, a/k/a Al Naser Wings Airline, a/k/a Alnaser Airlines and, Air Freight Ltd., Home 46, Al-Karrada, Babil Region, District 929, St 21 Beside Al Jadirya Private Hospital, Baghdad, Iraq</FP> <FP SOURCE="FP-1">and</FP> <FP SOURCE="FP-1">Al Amirat Street, Section 309, St. 3/H.20 Al Mansour Baghdad, Iraq</FP> <FP SOURCE="FP-1">and</FP> <FP SOURCE="FP-1">P.O. Box 28360, Dubai, United Arab Emirates</FP> <FP SOURCE="FP-1">and</FP> <FP SOURCE="FP-1">P.O. Box 911399, Amman 11191, Jordan</FP> <FP SOURCE="FP-1">Ali Abdullah Alhay, a/k/a Ali Alhay, a/k/a Ali Abdullah Ahmed Alhay, Home 46, Al-Karrada, Babil Region, District 929, St 21, Beside Al Jadirya Private Hospital, Baghdad, Iraq</FP> <FP SOURCE="FP-1">and</FP> <FP SOURCE="FP-1">Anak Street, Qatif, Saudi Arabia 61177</FP> <FP SOURCE="FP-1">Bahar Safwa General Trading, P.O. Box 113212 Citadel Tower, Floor-5, Office #504, Business Bay, Dubai, United Arab Emirates</FP> <FP SOURCE="FP-1">and</FP> <FP SOURCE="FP-1">P.O. Box 8709, Citadel Tower, Business Bay, Dubai, United Arab Emirates</FP> <FP SOURCE="FP-1">Sky Blue Bird Group, a/k/a Sky Blue Bird Aviation, a/k/a Sky Blue Bird Ltd., a/k/a Sky Blue Bird FZC, P.O. Box 16111, Ras Al Khaimah Trade Zone, United Arab Emirates</FP> <FP SOURCE="FP-1">Issam Shammout, a/k/a Muhammad Isam Muhammad Anwar Nur Shammout, a/k/a Issam Anwar, Philips Building, 4th Floor, Al Fardous Street, Damascus, Syria</FP> <FP SOURCE="FP-1">and</FP> <FP SOURCE="FP-1">Al Kolaa, Beirut, Lebanon 151515</FP> <FP SOURCE="FP-1">and</FP> <FP SOURCE="FP-1">17-18 Margaret Street, 4th Floor, London, W1W 8RP, United Kingdom</FP> <FP SOURCE="FP-1">and </FP> <FP SOURCE="FP-1">Cumhuriyet Mah. Kavakli San St. Fulya, Cad. Hazar Sok. No.14/A Silivri, Istanbul, Turkey</FP> </EXTRACT> Pursuant to § 766.24 of the Export Administration Regulations, 15 CFR parts 730-774 (2024) (“EAR” or “the Regulations”), I hereby grant the request of the Office of Export Enforcement (“OEE”) to renew the temporary denial order issued in this matter on October 31, 2023. I find that renewal of this order, as modified, is necessary in the public interest to prevent an imminent violation of the Regulations and that renewal for an extended period is appropriate because Mahan Airways has engaged in a pattern of repeated, ongoing and/or continuous apparent violations of the EAR. <SU>1</SU> <FTREF/> <FTNT> <SU>1</SU>  The Regulations, currently codified at 15 CFR parts 730-774 (2023), originally issued pursuant to the Export Administration Act (50 U.S.C. 4601-4623 (Supp. III 2015)) (“EAA”), which lapsed on August 21, 2001. The President, through Executive Order 13222 of August 17, 2001 (3 CFR part 2001 Comp. 783 (2002)), as extended by successive Presidential Notices, continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, <E T="03">et seq.</E> (2012)) (“IEEPA”). On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which includes the Export Control Reform Act of 2018, 50 U.S.C. 4801-4852 (“ECRA”). While section 1766 of ECRA repeals the provisions of the EAA (except for three sections which are inapplicable here), section 1768 of ECRA provides, in pertinent part, that all orders, rules, regulations, and other forms of administrative action 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. Moreover, section 1761(a)(5) of ECRA authorizes the issuance of temporary denial orders. </FTNT> <HD SOURCE="HD1">I. Procedural History</HD> On March 17, 2008, Darryl W. Jackson, the then-Assistant Secretary of Commerce for Export Enforcement (“Assistant Secretary”), signed an order denying Mahan Airways' export privileges for a period of 180 days on the ground that issuance of the order was necessary in the public interest to prevent an imminent violation of the Regulations. The order also named as denied persons Blue Airways, of Yerevan, Armenia (“Blue Airways of Armenia”), as well as the “Balli Group Respondents,” namely, Balli Group PLC, Balli Aviation, Balli Holdings, Vahid Alaghband, Hassan Alaghband, Blue Sky One Ltd., Blue Sky Two Ltd., Blue Sky Three Ltd., Blue Sky Four Ltd., Blue Sky Five Ltd., and Blue Sky Six Ltd., all of the United Kingdom. The order was issued <E T="03">ex parte</E> pursuant to § 766.24(a of the Regulations, and went into effect on March 21, 2008, the date it was published in the <E T="04">Federal Register</E> . This temporary denial order (“TDO”) was renewed in accordance with § 766.24(d of the Regulations. <FTREF/> <SU>2</SU> Subsequent renewals also have issued pursuant to § 766.24(d), including most recently on October 31, 2023. <SU>3</SU> <FTREF/> Some of the renewal orders and the modification orders that have issued between renewals have added certain parties as respondents or as related persons, or effected the removal of certain parties. <SU>4</SU> <FTREF/> <FTNT> <SU>2</SU>  Section 766.24(d) provides that BIS may seek renewal of a temporary denial order for additional 180-day renewal periods, if it believes that renewal is necessary in the public interest to prevent an imminent violation. In cases demonstrating a pattern of repeated, ongoing and/or continuous apparent violations, BIS may request the renewal of a temporary denial order for an additional period not exceeding one year. Renewal requests are to be made in writing no later than 20 days before the scheduled expiration date of a temporary denial order. Renewal requests may include discussion of any additional or changed circumstances, and may seek appropriate modifications to the order, including the addition of parties as respondents or related persons, or the removal of parties previously added as respondents or related persons. BIS is not required to seek renewal as to all parties, and a removal of a party can be effected if, without more, BIS does not seek renewal as to that party. Any party included or added to a temporary denial order as a respondent may oppose a renewal request as set forth in § 766.24(d). Parties included or added as related persons can at any time appeal their inclusion as a related person, but cannot challenge the underlying temporary denial order, either as initially issued or subsequently renewed, and cannot oppose a renewal request. <E T="03">See also</E> note 4, <E T="03">infra.</E> </FTNT> <FTNT> <SU>3</SU>  The October 31, 2023 renewal order was effective upon issuance and published in the <E T="04">Federal Register</E> on November 3, 2023 (88 FR 75541. Prior renewal orders issued on September 17, 2008, March 16, 2009, September 11, 2009, March 9, 2010, September 3, 2010, February 25, 2011, August 24, 2011, February 15, 2012, August 9, 2012, February 4, 2013, July 31, 2013, January 24, 2014, July 22, 2014, January 16, 2015, July 13, 2015, January 7, 2016, July 7, 2016, December 30, 2016, June 27, 2017, December 20, 2017, June 14, 2018, December 11, 2018, June 5, 2019, May 29, 2020, November 24, 2020, May 21, 2021, November 17, 2021, May 13, 2022, November 8, 2022, May 5, 2023, and October 31, 2024, respectively. The August 24, 2011 renewal followed the issuance of a modification order that issued on July 1, 2011, to add Zarand Aviation as a respondent. The July 13, 2015 renewal followed a modification order that issued May 21, 2015, and added Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading as respondents. Each of the renewal orders and each of the modification orders referenced in this footnote or elsewhere in this order has been published in the <E T="04">Federal Register</E> . </FTNT> <FTNT> <SU>4</SU>  Pursuant to §§ 766.23 and 766.24(c of the Regulations, any person, firm, corporation, or business organization related to a denied person by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may be added as a “related person” to a temporary denial order to prevent evasion of the order. </FTNT> The September 11, 2009 renewal order continued the denial order as to Mahan Airways, but not as to the Balli Group Respondents or Blue Airways of Armenia. <SU>5</SU> <FTREF/> As part of the February 25, 2011 renewal order, Pejman Mahmood Kosarayanifard (a/k/a Kosarian Fard), Mahmoud Amini, and Gatewick LLC (a/k/a Gatewick Freight ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 81k characters. 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