Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Notices 63379 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR Parts 730– 

774 (2014). The charged violation occurred between 

2005 and 2012. The Regulations governing the 

violation at issue are found in the 2005–2012 

versions of the Code of Federal Regulations (15 CFR 

Parts 730–774). The 2014 Regulations set forth the 

procedures that apply to this matter. 

2 50 U.S.C. app. §§ 2401–2420 (2000). 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)), which 

has been extended by successive Presidential 

Notices, the most recent being that of August 7, 

2014 (79 Fed. Reg. 46959 (Aug. 11, 2014)), has 

continued the Regulations in effect under the 

International Emergency Economic Powers Act (50 

U.S.C. § 1701, et seq.) (2006 & Supp. IV 2010). 

3Pursuant to Section 734.2(b)(6) of the 

Regulations, the export of an item from the United 

States to a second country intended for 

transshipment to a third country is deemed to be 

an export to that third country. 

4 31 CFR Part 560 (2008–2012). Subsequent to the 

violation charged herein, OFAC changed the 

heading of 31 CFR Part 560 from the Iranian 

Transactions Regulations to the Iranian 

Transactions and Sanctions Regulations (‘‘ITSR’’), 

amended the renamed ITSR in part, and reissued 

them in their entirety. See 77 Fed. Reg. 64,664 (Oct. 

22, 2012). 31 CFR Part 560 remains the same in 

pertinent part. 

5Pursuant to Section 560.204 of the ITR, an 

export to a third country intended for 

transshipment to Iran was a transaction that 

required OFAC authorization at all times pertinent 

hereto. See also notes 3 and 4, supra. 

ADDRESSES: The meeting will be held at 

the Mystic Ranger District, 8221 South 

Highway 16, Rapid City, South Dakota. 

Written comments may be submitted as 

described under SUPPLEMENTARY

INFORMATION. All comments, including 

names and addresses, when provided, 

are placed in the record and available 

for public inspection and copying. The 

public may inspect comments received 

at the Black Hills National Forest 

Supervisor’s Office. Please call ahead to 

facilitate entry into the building. 

FOR FURTHER INFORMATION CONTACT: 

Scott Jacobson, Committee Coordinator, 

by phone at 605–673–9216, or by email 

at sjjacobson@fs.fed.us. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Standard Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: The 

purpose of the meeting is to provide: 

(1) Orientation to Forest Service 

funding, appropriations and trends; 

(2) Wildfire Risk Assessment and 

Prioritization Process (WRAPP) and use 

of prescribed fire; 

(3) Update on Northern Long Eared 

Bat (NLEB) listing; 

(4) Forest Health and Pine Beetle 

Response (PBR) monitoring report; 

(5) Update from the Recreational 

Facility working group. 

The meeting is open to the public. 

The agenda will include time for people 

to make oral statements of three minutes 

or less. Individuals wishing to make an 

oral statement should submit a request 

in writing by November 10, 2014 to be 

scheduled on the agenda. Anyone who 

would like to bring related matters to 

the attention of the Board may file 

written statements with the Board’s staff 

before or after the meeting. Written 

comments and time requests for oral 

comments must be sent to Scott 

Jacobson, Black Hills National Forest 

Supervisor’s Office, 1019 North Fifth 

Street, Custer, South Dakota 57730; by 

email to sjjacobson@fs.fed.us, or via 

facsimile to 605–673–9208. 

Meeting Accommodations: If you are 

a person requiring reasonable 

accommodation, please make requests 

in advance for sign language 

interpreting, assistive listening devices 

or other reasonable accommodation for 

access to the facility or proceedings by 

contacting the person listed in the 

section titled FOR FURTHER INFORMATION

CONTACT. All reasonable 

accommodation requests are managed 

on a case by case basis. 

Dated: October 9, 2014. 

Rhonda O’Byrne, 

Acting Deputy Forest Supervisor. 

[FR Doc. 2014–25220 Filed 10–22–14; 8:45 am] 

BILLING CODE 3411–15–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Order Relating to Borna Faizy, Touraj 

Ghavidel, and Signal Micro Systems, 

Inc. 

In the Matter of: 

Borna Faizya/k/a Brad Faizy, 4405 Newcastle 

Drive, Frisco, TX 75034 

Touraj Ghavidel, a/k/a Brent Dell, 6617 

Tamarron Lane, Plano, TX 75024 

Signal Micro Systems, Inc., d/b/a 

Techonweb, 16837 Addison Road, 

Addison, TX 75001; 

Respondents 

The Bureau of Industry and Security, 

U.S. Department of Commerce (‘‘BIS’’), 

has notified Borna Faizy a/k/a Brad 

Faizy, Touraj Ghavidel a/k/a Brent Dell, 

and Signal Micro Systems, Inc. d/b/a 

Techonweb (collectively, the 

‘‘Respondents’’) of its intention to 

initiate an administrative proceeding 

against Respondents pursuant to Section 

766.3 of the Export Administration 

Regulations (the ‘‘Regulations’’),1 and 

Section 13(c) of the Export 

Administration Act of 1979, as amended 

(the ‘‘Act’’),2 through the issuance of a 

Proposed Charging Letter to 

Respondents that alleges that each 

Respondent committed one violation of 

the Regulations. Specifically, the charge 

is: 

Charge 1 15 CFR § 764.2(d)—Conspiracy 

Beginning at least in 2008, and continuing 

through in or about January 2012, Faizy, 

Ghavidel and Techonweb conspired and 

acted in concert with others, known and 

unknown, to bring about an act that 

constitutes a violation of the Regulations. 

The purpose of the conspiracy was to bring 

about the export of computers, items 

classified as 5A992 on the Commerce Control 

List and valued at $1,015,757, by Techonweb 

from the United States through the United 

Arab Emirates (‘‘UAE’’) to Iran, without the 

required U.S. Government authorization.3

Items classified as 5A992 are subject to 

control for Anti-Terrorism reasons, and, 

pursuant to Section 742.8 and 746.7(a) of the 

Regulations, a license was required to export 

these items to Iran at all times pertinent 

hereto. The items were also subject to the 

Iranian Transaction Regulations (‘‘ITR’’) 4

administered by the Department of the 

Treasury’s Office of Foreign Assets Control 

(‘‘OFAC’’). The Regulations also prohibited 

the export or reexport to Iran, whether 

directly or transshipped through a third 

country, of any item subject to both the 

Regulations and the ITR, if the transaction 

was not authorized by OFAC.5 In order to 

avoid duplication, exporters and reexporters 

were not required under the Regulations to 

seek authorization from both BIS and OFAC 

for exports or reexports subject to both the 

EAR and the ITR, and accordingly an 

authorization granted by OFAC was 

considered authorization for purposes of the 

EAR as well. However, Faizy, Ghavidel, and 

Techonweb did not seek or obtain 

authorization from BIS, or from OFAC, in 

connection with any of the activities or 

transactions alleged herein. 

Specifically, in furtherance of the 

conspiracy, Faizy, Ghavidel and Techonweb, 

which was owned by Faizy and Ghavidel and 

for which Faizy served as President and 

Director and Ghavidel served as Chief 

Financial Officer and Director, participated 

in a scheme to export computers to Iran 

without the required licenses. In or about 

2008, Faizy and Ghavidel attended a 

computer trade show in Dubai, UAE, to 

recruit and obtain contact information from 

potential customers in Iran. After forming the 

conspiracy, Faizy and Ghavidel then 

communicated with their co-conspirators 

through electronic mail, instant messaging 

and other forms of electronic 

communication, using fictitious names and 

coded language to obscure the true identities 

and locations of the ultimate consignees. 

Faizy and Ghavidel, through Techonweb, 

obtained computers from various suppliers in 

the United States for the purposes of selling 

and exporting the computers to Iran. 

Additionally, in furtherance of the 

conspiracy, from December 2009 through 

March 2011, Faizy and Ghavidel, through 

Techonweb, exported 1,038 computers, 

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63380 Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Notices 

valued at $1,015,757, from the United States 

through the UAE to Iran. Faizy and Ghavidel, 

through Techonweb, filed or caused to be 

filed Electronic Export Information falsely 

stating that the computers were destined for 

ultimate consignees in Dubai, UAE. As 

alleged above, Faizy, Ghavidel, and 

Techonweb did not seek or obtain the 

required U.S. Government authorization in 

connection with any of the activities or 

transactions alleged herein. 

Whereas, BIS and Respondents have 

entered into a Settlement Agreement 

pursuant to Section 766.18(a) of the 

Regulations, whereby they agreed to 

settle this matter in accordance with the 

terms and conditions set forth therein; 

Whereas, I have approved of the terms 

of such Settlement Agreement; and 

Whereas, in doing so, I have taken 

into consideration the plea agreement 

that Faizy and Ghavidel have entered 

into with the U.S. Attorney’s Office for 

the Northern District of Texas; 

It is therefore ordered: FIRST, that for 

a period of ten (10) years from the date 

of this Order, Borna Faizy a/k/a Brad 

Faizy, with a last known address of 

4405 Newcastle Drive, Frisco, TX 75034, 

and when acting on his behalf, his 

successors, assigns, employees, agents 

or representatives, Touraj Ghavidel a/k/ 

a Brent Dell, with a last known address 

of 6617 Tamarron Lane, Plano, TX 

75024, and when acting for or on his 

behalf, his successors, assigns, 

employees, agents or representatives, 

and Signal Micro Systems, Inc. d/b/a 

Techonweb, with a last known address 

of 16837 Addison Road, Addison, TX 

75001, and when acting for or on its 

behalf, its successors, assigns, directors, 

officers, employees, agents or 

representatives (each a ‘‘Denied Person’’ 

and collectively the ‘‘Denied Persons’’), 

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, 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. 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. 

SECOND, that no person may, directly 

or indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of any of the Denied Persons any item 

subject to the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

any of the Denied Persons 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 any of the Denied 

Persons 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 any of the Denied 

Persons of any item subject to the 

Regulations that has been exported from 

the United States; 

D. Obtain from any of the Denied 

Persons 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 any of the 

Denied Persons, or service any item, of 

whatever origin, that is owned, 

possessed or controlled by any of the 

Denied Persons 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, after notice and 

opportunity for comment as provided in 

Section 766.23 of the Regulations, any 

person, firm, corporation, or business 

organization related to any of the 

Denied Persons 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 the Order. 

FOURTH, Respondents shall not take 

any action or make or permit to be made 

any public statement, directly or 

indirectly, denying the allegations in the 

Proposed Charging Letter or the Order. 

The foregoing does not affect 

Respondents’ testimonial obligations in 

any proceeding, nor does it affect their 

right to take legal or factual positions in 

civil litigation or other civil proceedings 

in which the U.S. Department of 

Commerce is not a party. 

FIFTH, that the Proposed Charging 

Letter, the Settlement Agreement, and 

this Order shall be made available to the 

public. 

SIXTH, that this Order shall be served 

on Respondents and shall be published 

in the Federal Register. 

This Order, which constitutes the 

final agency action in this matter, is 

effective immediately. 

Issued this 16th day of October, 2014. 

David W. Mills, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2014–25221 Filed 10–22–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Materials Technical Advisory 

Committee; Notice of Partially Closed 

Meeting 

The Materials Technical Advisory 

Committee will meet on November 13, 

2014, 10:00 a.m., Herbert C. Hoover 

Building, Room 3884, 14th Street 

between Constitution & Pennsylvania 

Avenues NW., Washington, DC. The 

Committee advises the Office of the 

Assistant Secretary for Export 

Administration with respect to technical 

questions that affect the level of export 

controls applicable to materials and 

related technology. 

Agenda 

Open Session 

1. Opening Remarks and 

Introductions. 

2. Remarks from Bureau of Industry 

and Security senior management. 

3. Report from Composite Working 

Group and other working groups. 

4. Report on regime-based activities. 

5. Public Comments and New 

Business. 

Closed Session 

6. Discussion of matters determined to 

be exempt from the provisions relating 

to public meetings found in 5 U.S.C. 

app. 2 §§ 10(a)(1) and 10(a)(3). 

The open session will be accessible 

via teleconference to 20 participants on 

a first come, first serve basis. To join the 

conference, submit inquiries to Ms. 

Yvette Springer at Yvette.Springer@

bis.doc.gov, no later than November 6, 

2014. 

A limited number of seats will be 

available during the public session of 

the meeting. Reservations are not 

accepted. To the extent time permits, 

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