[Federal Register Volume 76, Number 42 (Thursday, March 3, 2011)]
[Notices]
[Pages 11756-11757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4820]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Ali Amirnazmi; Order Denying 
Export Privileges

    In the Matter of: Ali Amirnazmi, Register <greek-i>63302-066, 
FCI Allenwood Low, Federal Correctional Institution, P.O. Box 1000, 
White Deer, PA 17887 and 547 Green Hill Lane, Berwyn, PA 19312.

    On January 11, 2010, in the U.S. District Court for the Eastern 
District of Pennsylvania, Ali Amirnazmi (``Amirnazmi'') was found 
guilty on three counts of violating the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq. (2000)) (``IEEPA''); one 
count of conspiracy to violate the IEEPA (18 U.S.C. 371 (2000)); three 
counts of making false statements to Federal officials (18 U.S.C. 1001 
(2000)), and three counts of bank fraud (18 U.S.C. 1344 (2000)). 
Amirnazmi, a citizen of both the United States and Iran, engaged in 
financial and business transactions with companies in Iran between 
November 1996 and June 2008 without obtaining the proper licenses from 
the U.S. Department of Treasury's Office of Foreign Assets Control. 
Amirnazmi was sentenced to a prison term of 48 months and ordered to 
pay restitution in the amount of $17,277.37. He will also serve five 
years of supervised release and forfeit $81,277.37.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director 
of the Office of Exporter Services, in consultation with the Director 
of the Office of Export Enforcement, may deny the export privileges of 
any person who has been convicted of a violation of the [Export 
Administration Act (``EAA'')], the EAR, or any order, license or 
authorization issued thereunder; any regulation, license, or order 
issued under the International Emergency Economic Powers Act (50 U.S.C. 
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal 
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms 
Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also 
Section 11(h) of the EAA, 50 U.S.C. app. section 2410(h). The denial of 
export privileges under this provision may be for a period of up to 10 
years from the date of the conviction. 15 CFR 766.25(d); see also 50 
U.S.C. app. section 2410(h). In addition, Section 750.8 of the 
Regulations states that the Bureau of Industry and Security's Office of 
Exporter Services may revoke any Bureau of Industry and Security 
(``BIS'') licenses previously issued in which the person had an 
interest in at the time of his conviction.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2010). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. app. 
sections 2401-2420 (2000)) (``EAA''). Since August 21, 2001, the EAA 
has been in lapse and the President, through Executive Order 13222 
of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been 
extended by successive Presidential Notices, the most recent being 
that of August 12, 2010 (75 FR 50,681, August 16, 2010), has 
continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq. (2000)).
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    I have received notice of Amirnazmi's conviction for violating 
IEEPA, and have provided notice and an opportunity for Amirnazmi to 
make a written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Amirnazmi. Based 
upon my review and consultations with BIS's Office of Export 
Enforcement, including its Director, and the facts available to BIS, I 
have decided to deny Amirnazmi's export privileges under the 
Regulations for a period of ten years from the date of Amirnazmi's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Amirnazmi had an interest at the 
time of his conviction.
    Accordingly, It is hereby ordered
    I. Until January 11, 2020, Ali Amirnazmi, with the last known 
addresses at: Register <greek-i>63302-066, FCI Allenwood Low, Federal 
Correctional Institution, P.O. Box 1000, White Deer, PA 17887, and 547 
Green Hill Lane, Berwyn, PA 19312, and when acting for or on behalf of 
Amirnazmi, his representatives, assigns, agents, or employees 
(collectively referred to hereinafter as 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 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 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.

[[Page 11757]]

    III. After notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to Amirnazmi by affiliation, 
ownership, control or position of responsibility in the conduct of 
trade or related services may also be subject to the provisions of this 
Order if necessary to prevent evasion of the Order.
    IV. 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.
    V. This Order is effective immediately and shall remain in effect 
until January 11, 2020.
    VI. In accordance with Part 756 of the Regulations, Amirnazmi 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.
    VII. A copy of this Order shall be delivered to the Amirnazmi. This 
Order shall be published in the Federal Register.

    Issued this 7th day February, 2011.
 Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2011-4820 Filed 3-2-11; 8:45 am]
BILLING CODE 3510-DT-P