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28540 Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Notices

Evaluate ways to enhance the quality, the foreign-status materials/components General Trading LLC, 19th Floor utility, and clarity of the information to noted below and in the existing scope Al Moosa One, Sheik Zayed Road, be collected; and (d) Minimize the of authority, AbbVie would be able to Dubai 40594, United Arab ; Mehdi Bahrami, Mahan Airways— reporting burden on those who are to choose the duty rates during customs Office, Cumhuriye Cad. Sibil Apt No: 101 respond, including the use of automated entry procedures that applies to ® D:6, 34374 Emadad, Sisli Istanbul, ; collection techniques or other forms of IMBRUVICA capsules and tablets Al Naser Airlines, a/k/a al-Naser Airlines, a/ information technology. (duty-free). AbbVie would be able to k/a Al Naser Wings Airline, a/k/a Alnaser Comments that you submit in avoid duty on foreign-status Airlines and, Air Freight Ltd., Home 46, response to this notice are a matter of components which become scrap/waste. Al-Karrada, Babil Region, District 929, St public record. We will include or Customs duties also could possibly be 21, Beside Al Jadirya Private Hospital, summarize each comment in our request deferred or reduced on foreign-status , , and Al Amirat Street, Section 309, St. 3/H.20, Al Mansour, to OMB to approve this ICR. Before production equipment. Baghdad, Iraq, and P.O. Box 28360, Dubai, including your address, phone number, The material sourced from abroad is , and P.O. Box email address, or other personal Ibrutinib active pharmaceutical 911399, 11191, ; identifying information in your ingredient (duty rate 6.5%). The request Ali Abdullah Alhay, a/k/a Ali Alhay, a/k/a comment, you should be aware that indicates that Ibrutinib is subject to Ali Abdullah Ahmed Alhay, Home 46, Al- your entire comment—including your duties under Section 301 of the Trade Karrada, Babil Region, District 929, St 21, personal identifying information—may Act of 1974 (Section 301), depending on Beside Al Jadirya Private Hospital, Baghdad, Iraq, and Anak Street, Qatif, be made publicly available at any time. the country of origin. The applicable 61177; While you may ask us in your comment Section 301 decisions require subject Bahar Safwa General Trading, P.O. Box to withhold your personal identifying merchandise to be admitted to FTZs in 113212 Citadel Tower, Floor-5, Office information from public review, we privileged foreign status (19 CFR #504, Business Bay, Dubai, United Arab cannot guarantee that we will be able to 146.41). Emirates, and P.O. Box 8709, Citadel do so. Public comment is invited from Tower, Business Bay, Dubai, United Arab interested parties. Submissions shall be Emirates; Sheleen Dumas, addressed to the Board’s Executive Sky Blue Bird Group, a/k/a Sky Blue Bird Aviation, a/k/a Sky Blue Bird Ltd., a/k/a Department PRA Clearance Officer, Office of Secretary and sent to: [email protected]. The the Chief Information Officer, Commerce Sky Blue Bird FZC, P.O. Box 16111, Ras Al Department. closing period for their receipt is July 6, Khaimah Trade Zone, United Arab 2021. [FR Doc. 2021–11250 Filed 5–26–21; 8:45 am] Emirates; A copy of the notification will be Issam Shammout, a/k/a Muhammad Isam BILLING CODE 3510–34–P available for public inspection in the Muhammad Anwar Nur Shammout, a/k/a ‘‘Reading Room’’ section of the Board’s Issam Anwar, Philips Building, 4th Floor, Al Fardous Street, , , and Al DEPARTMENT OF COMMERCE website, which is accessible via www.trade.gov/ftz. Kolaa, , 151515, and 17–18 Margaret Street, 4th Floor, , W1W Foreign-Trade Zones Board For further information, contact 8RP, , and Cumhuriyet Christopher Wedderburn at Mah. Kavakli San St. Fulya, Cad. Hazar [B–41–2021] [email protected]. Sok. No.14/A Silivri, Istanbul, Turkey. Foreign-Trade Zone (FTZ) 7— Dated: May 21, 2021. Pursuant to Section 766.24 of the Mayaguez, Puerto Rico; Notification of Elizabeth Whiteman, Export Administration Regulations, 15 Proposed Production Activity; AbbVie Acting Executive Secretary. CFR parts 730–774 (2021) (‘‘EAR’’ or Ltd. (Pharmaceutical Products), [FR Doc. 2021–11170 Filed 5–26–21; 8:45 am] ‘‘the Regulations’’), I hereby grant the Barceloneta, Puerto Rico BILLING CODE 3510–DS–P request of the Office of Export Enforcement (‘‘OEE’’) to renew the AbbVie Ltd. (AbbVie), submitted a temporary denial order issued in this notification of proposed production DEPARTMENT OF COMMERCE matter on November 24, 2020. I find that activity to the FTZ Board for its facility renewal of this order, as modified, is in Barceloneta, Puerto Rico. The Bureau of Industry and Security necessary in the public interest to notification conforming to the prevent an imminent violation of the requirements of the regulations of the Order Renewing Order Temporarily Regulations.1 FTZ Board (15 CFR 400.22) was Denying Export Privileges received on May 19, 2021. 1 Washington, DC 20230 The Regulations, currently codified at 15 CFR AbbVie already has authority to parts 730–774 (2021), originally issued pursuant to produce pharmaceutical products Mahan Airways, Mahan Tower, No. 21, the Export Administration Act (50 U.S.C. 4601– within Subzone 7I. The current request Azadegan St., M.A. Jenah Exp. Way, 4623 (Supp. III 2015)) (‘‘EAA’’), which lapsed on , ; August 21, 2001. The President, through Executive would add a finished product and a Pejman Mahmood Kosarayanifard, a/k/a Order 13222 of August 17, 2001 (3 CFR, 2001 foreign status material to the scope of Kosarian Fard, P.O. Box 52404, Dubai, Comp. 783 (2002)), as extended by successive authority. Pursuant to 15 CFR 400.14(b), United Arab Emirates; Presidential Notices, continued the Regulations in effect under the International Emergency Economic additional FTZ authority would be Mahmoud Amini, G#22 Dubai Airport Free Powers Act (50 U.S.C. 1701, et seq. (2012)) limited to the specific foreign-status Zone, P.O. Box 393754, Dubai, United Arab (‘‘IEEPA’’). On August 13, 2018, the President material and specific finished product Emirates, and P.O. Box 52404, Dubai, signed into law the John S. McCain National described in the submitted notification United Arab Emirates, and Mohamed Defense Authorization Act for Fiscal 2019, Abdulla Alqaz Building, Al Maktoum which includes the Export Control Reform Act of (as described below) and subsequently 2018, 50 U.S.C. 4801–4852 (‘‘ECRA’’). While authorized by the FTZ Board. Street, Al Rigga, Dubai, United Arab Emirates; Section 1766 of ECRA repeals the provisions of the Production under FTZ procedures Aviation, a/k/a GIE Kerman EAA (except for three sections which are could exempt AbbVie from customs inapplicable here), Section 1768 of ECRA provides, Aviation, 42 Avenue Montaigne 75008, in pertinent part, that all orders, rules, regulations, duty payments on the foreign-status , France; and other forms of administrative action that were materials/components used in export Sirjanco Trading LLC, P.O. Box 8709, Dubai, made or issued under the EAA, including as production. On its domestic sales, for United Arab Emirates; continued in effect pursuant to IEEPA, and were in

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I. Procedural History Some of the renewal orders and the Trading LLC, and Ali Eslamian were On March 17, 2008, Darryl W. modification orders that have issued added as related persons. Mahan Air Jackson, the then-Assistant Secretary of between renewals have added certain General Trading LLC, Equipco (UK) Commerce for Export Enforcement parties as respondents or as related Ltd., and Skyco (UK) Ltd. were added as (‘‘Assistant Secretary’’), signed an order persons, or effected the removal of related persons by a modification order 4 denying Mahan Airways’ export certain parties. issued on April 9, 2012. Mehdi Bahrami privileges for a period of 180 days on The September 11, 2009 renewal was added as a related person as part of the ground that issuance of the order order continued the denial order as to the February 4, 2013 renewal order. was necessary in the public interest to Mahan Airways, but not as to the Balli On May 21, 2015, a modification Group Respondents or Blue Airways of order issued adding Al Naser Airlines, prevent an imminent violation of the 5 Regulations. The order also named as . As part of the February 25, Ali Abdullah Alhay, and Bahar Safwa denied persons Blue Airways, of 2011 renewal order, Pejman Mahmood General Trading as respondents. As , Armenia (‘‘Blue Airways of Kosarayanifard (a/k/a Kosarian Fard), detailed in that order and discussed Armenia’’), as well as the ‘‘Balli Group Mahmoud Amini, and Gatewick LLC (a/ further infra, these respondents were Respondents,’’ namely, Balli Group k/a Gatewick Freight and Cargo added to the TDO based upon evidence PLC, Balli Aviation, Balli Holdings, Services, a/k/a Gatewick Aviation that they were acting together to, inter Services) were added as related persons alia, obtain aircraft subject to the Vahid Alaghband, Hassan Alaghband, 6 Blue Sky One Ltd., Blue Sky Two Ltd., to prevent evasion of the TDO. A Regulations for export or reexport to Blue Sky Three Ltd., Blue Sky Four Ltd., modification order issued on July 1, Mahan in violation of the Regulations Blue Sky Five Ltd., and Blue Sky Six 2011, adding Zarand Aviation as a and the TDO. respondent in order to prevent an Sky Blue Bird Group and its chief Ltd., all of the United Kingdom. The 7 order was issued ex parte pursuant to imminent violation. executive officer, Issam Shammout, As part of the August 24, 2011 Section 766.24(a) of the Regulations, were added as related persons as part of renewal, Kerman Aviation, Sirjanco 8 and went into effect on March 21, 2008, the July 13, 2015 renewal order. On the date it was published in the Federal November 16, 2017, a modification November 24, 2020, respectively. The August 24, order issued to remove Ali Eslamian, Register. 2011 renewal followed the issuance of a This temporary denial order (‘‘TDO’’) modification order that issued on July 1, 2011, to Equipco (UK) Ltd., and Skyco (UK) Ltd. was renewed in accordance with add Zarand Aviation as a respondent. The July 13, as related persons following a request by Section 766.24(d) of the Regulations.2 2015 renewal followed a modification order that OEE for their removal.9 issued May 21, 2015, and added Al Naser Airlines, The , 2018 renewal order Subsequent renewals also have issued Ali Abdullah Alhay, and Bahar Safwa General pursuant to Section 766.24(d), including Trading as respondents. Each of the renewal orders continued the denial of the export most recently on November 24, 2020.3 and each of the modification orders referenced in privileges of Mahan Airways, Pejman this footnote or elsewhere in this order has been Mahmood Kosarayanifard, Mahmoud published in the Federal Register. Amini, Kerman Aviation, Sirjanco effect as of ECRA’s date of enactment (August 13, 4 2018), shall continue in effect according to their Pursuant to Sections 766.23 and 766.24(c) of the Regulations, any person, firm, corporation, or Trading LLC, Mahan Air General terms until modified, superseded, set aside, or Trading LLC, Mehdi Bahrami, Al Naser revoked through action undertaken pursuant to the business organization related to a denied person by authority provided under ECRA. Moreover, Section affiliation, ownership, control, or position of Airlines, Ali Abdullah Alhay, Bahar 1761(a)(5) of ECRA authorizes the issuance of responsibility in the conduct of trade or related Safwa General Trading, Sky Blue Bird temporary denial orders. services may be added as a ‘‘related person’’ to a temporary denial order to prevent evasion of the Group, and Issam Shammout. 2 Section 766.24(d) provides that BIS may seek order. On April 27, 2021, BIS, through OEE, renewal of a temporary denial order for additional 5 180-day renewal periods, if it believes that renewal Balli Group PLC and Balli Aviation settled submitted a written request for renewal is necessary in the public interest to prevent an proposed BIS administrative charges as part of a of the TDO that issued on November 24, imminent violation. Renewal requests are to be settlement agreement that was approved by a 2020. The written request was made settlement order issued on February 5, 2010. The made in writing no later than 20 days before the more than 20 days before the TDO’s scheduled expiration date of a temporary denial sanctions imposed pursuant to that settlement and order. Renewal requests may include discussion of order included, inter alia, a $15 million civil scheduled expiration. Notice of the any additional or changed circumstances, and may penalty and a requirement to conduct five external renewal request was provided to Mahan seek appropriate modifications to the order, audits and submit related audit reports. The Balli Airways, Al Naser Airlines, Ali Group Respondents also settled related charges including the addition of parties as respondents or Abdullah Alhay, and Bahar Safwa related persons, or the removal of parties previously with the Department of Justice and the Treasury added as respondents or related persons. BIS is not Department’s Office of Foreign Assets Control. required to seek renewal as to all parties, and a 6 See note 4, supra, concerning the addition of 8 The U.S. Department of the Treasury’s Office of removal of a party can be effected if, without more, related persons to a temporary denial order. Foreign Assets Control (‘‘OFAC’’) designated Sky BIS does not seek renewal as to that party. Any Kosarian Fard and Mahmoud Amini remain parties Blue Bird and Issam Shammout as Specially party included or added to a temporary denial order to the TDO. On August 13, 2014, BIS and Gatewick Designated Global Terrorists (‘‘SDGTs’’) on May 21, as a respondent may oppose a renewal request as resolved administrative charges against Gatewick, 2015, pursuant to Executive Order 13224, for set forth in Section 766.24(d). Parties included or including a charge for acting contrary to the terms ‘‘providing support to Iran’s Mahan Air.’’ See 80 FR added as related persons can at any time appeal of a BIS denial order (15 CFR 764.2(k)). In addition 30762 (May 29, 2015). their inclusion as a related person, but cannot to the payment of a civil penalty, the settlement 9 The November 16, 2017 modification was challenge the underlying temporary denial order, includes a seven-year denial order. The first two published in the Federal Register on December 4, either as initially issued or subsequently renewed, of the denial period were active, with the 2017. See 82 FR 57203 (Dec. 4, 2017). On and cannot oppose a renewal request. See also note remaining five years suspended conditioned upon September 28, 2017, BIS and Ali Eslamian resolved 4, infra. Gatewick’s full and timely payment of the civil an administrative charge for acting contrary to the 3 The November 24, 2020 renewal order was penalty and its compliance with the Regulations terms of the denial order (15 CFR 764.2(k)) that was effective upon issuance and published in the during the seven-year denial order period. This based upon Eslamian’s violation of the TDO after Federal Register on December 1, 2020 (85 FR denial order, in effect, superseded the TDO as to his addition to the TDO on August 24, 2011. 77,147). Prior renewal orders issued on September Gatewick, which was not included as part of the Equipco (UK) Ltd. and Skyco (UK) Ltd., two 17, 2008, March 16, 2009, September 11, 2009, January 16, 2015 renewal order. The Gatewick LLC companies owned and operated by Eslamian, also March 9, 2010, September 3, 2010, February 25, Final Order was published in the Federal Register were parties to the settlement agreement and were 2011, August 24, 2011, February 15, 2012, August on August 20, 2014. See 79 FR 49283 (Aug. 20, added to the settlement order as related persons. In 9, 2012, February 4, 2013, July 31, 2013, January 24, 2014). addition to other sanctions, the settlement provides 2014, July 22, 2014, January 16, 2015, July 13, 2015, 7 Zarand Aviation’s export privileges remained that Eslamian, Equipco, and Skyco shall be subject January 7, 2016, July 7, 2016, December 30, 2016, denied until July 22, 2014, when it was not to a conditionally-suspended denial order for a June 27, 2017, December 20, 2017, June 14, 2018, included as part of the renewal order issued on that period of four years from the date of the settlement December 11, 2018, June 5, 2019, May 29, 2020, and date. order.

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General Trading in accordance with prohibited by the EAR by knowingly re- 158,000 ‘‘forward bookings’’ for these Sections 766.5 and 766.24(d) of the exporting to Iran three U.S.-origin aircraft), and that it wished to continue Regulations. No opposition to the aircraft, specifically Boeing 747s to do so and would pay damages if renewal of the TDO has been received. (‘‘Aircraft 1–3’’), items subject to the required by that court, rather than Furthermore, no appeal of the related EAR and classified under Export ground the aircraft. Control Classification Number person determinations made as part of The September 3, 2010 renewal order (‘‘ECCN’’) 9A991.b, without the required the September 3, 2010, February 25, discussed the fact that Mahan Airways’ U.S. Government authorization. Further 2011, August 24, 2011, April 9, 2012, violations of the TDO extended beyond February 4, 2013, and July 13, 2015 evidence submitted by BIS indicated operating U.S.-origin aircraft and renewal or modification orders has been that Mahan Airways was involved in the attempting to acquire additional U.S.- made by Kosarian Fard, Mahmoud attempted re-export of three additional origin aircraft. In February 2009, while Amini, Kerman Aviation, Sirjanco U.S.-origin Boeing 747s (‘‘Aircraft 4–6’’) subject to the TDO, Mahan Airways Trading LLC, Mahan Air General to Iran. participated in the export of computer Trading LLC, Mehdi Bahrami, Sky Blue As discussed in the September 17, Bird Group, or Issam Shammout.10 2008 renewal order, evidence presented motherboards, items subject to the by BIS indicated that Aircraft 1–3 Regulations and designated as EAR99, II. Renewal of the TDO continued to be flown on Mahan from the United States to Iran, via the A. Legal Standard Airways’ routes after issuance of the United Arab Emirates (‘‘UAE’’), in TDO, in violation of the Regulations and violation of both the TDO and the Pursuant to Section 766.24, BIS may the TDO itself.11 It also showed that Regulations, by transporting and/or issue or renew an order temporarily Aircraft 1–3 had been flown in further forwarding the computer motherboards denying a respondent’s export privileges violation of the Regulations and the from the UAE to Iran. Mahan Airways’ upon a showing that the order is TDO on the routes of , an violations were facilitated by Gatewick necessary in the public interest to Iranian Government airline. Moreover, LLC, which not only participated in the prevent an ‘‘imminent violation’’ of the as discussed in the March 16, 2009, transaction, but also has stated to BIS Regulations. 15 CFR 766.24(b)(1) and September 11, 2009 and March 9, 2010 that it acted as Mahan Airways’ sole 766.24(d). ‘‘A violation may be renewal orders, Mahan Airways booking agent for cargo and freight ‘imminent’ either in time or degree of registered Aircraft 1–3 in Iran, obtained forwarding services in the UAE. likelihood.’’ 15 CFR 766.24(b)(3). BIS Iranian tail numbers for them (EP–MNA, Moreover, in a January 24, 2011 filing may show ‘‘either that a violation is EP–MNB, and EP–MNE, respectively), in the U.K. court, Mahan Airways about to occur, or that the general and continued to operate at least two of asserted that Aircraft 1–3 were not being circumstances of the matter under them in violation of the Regulations and investigation or case under criminal or the TDO,12 while also committing an used, but stated in pertinent part that administrative charges demonstrate a additional knowing and willful the aircraft were being maintained in likelihood of future violations.’’ Id. As violation when it negotiated for and Iran ‘‘in an airworthy condition’’ and to the likelihood of future violations, acquired an additional U.S.-origin that, depending on the outcome of its BIS may show that the violation under aircraft. The additional acquired aircraft U.K. court appeal, the aircraft ‘‘could investigation or charge ‘‘is significant, was an MD–82 aircraft, which immediately go back into service . . . deliberate, covert and/or likely to occur subsequently was painted in Mahan on international routes into and out of again, rather than technical or negligent Airways’ livery and flown on multiple Iran.’’ Mahan Airways’ January 24, 2011 [.]’’ Id. A ‘‘lack of information Mahan Airways’ routes under tail submission to U.K. Court of Appeal, at establishing the precise time a violation number TC–TUA. p. 25, ¶¶ 108, 110. This clearly stated may occur does not preclude a finding The March 9, 2010 renewal order also intent, both on its own and in that a violation is imminent, so long as noted that a court in the United conjunction with Mahan Airways’ prior there is sufficient reason to believe the Kingdom (‘‘U.K.’’) had found Mahan misconduct and statements, likelihood of a violation.’’ Id. Airways in contempt of court on demonstrated the need to renew the , 2010, for failing to comply TDO in order to prevent imminent B. The TDO and BIS’s Requests for with that court’s December 21, 2009 and future violations. Two of these three Renewal January 12, 2010 orders compelling 747s subsequently were removed from OEE’s request for renewal is based Mahan Airways to remove the Boeing Iran and are no longer in Mahan upon the facts underlying the issuance 747s from Iran and ground them in the Airways’ possession. The third of these of the initial TDO, and the renewal and Netherlands. Mahan Airways and the 747s remained in Iran under Mahan’s modification orders subsequently issued Balli Group Respondents had been control. Pursuant to Executive Order in this matter, including the May 21, litigating before the U.K. court 13224, this 747 was designated a 2015 modification order and the concerning ownership and control of Specially Designated Global Terrorist renewal order issued on November 24, Aircraft 1–3. In a letter to the U.K. court (‘‘SDGT’’) by the U.S. Department of the 2020, and the evidence developed over dated January 12, 2010, Mahan Airways’ Treasury’s Office of Foreign Assets the course of this investigation, which Chairman indicated, inter alia, that Control (‘‘OFAC’’) on September 19, indicate a blatant disregard of U.S. Mahan Airways opposes U.S. 2012.13 Furthermore, as discussed in the export controls and the TDO. The initial Government actions against Iran, that it February 4, 2013 Order, open source TDO was issued as a result of evidence continued to operate the aircraft on its information indicated that this 747, that showed that Mahan Airways and routes in and out of Tehran (and had painted in the livery and logo of Mahan other parties engaged in conduct Airways, had been flown between Iran 11 Engaging in conduct prohibited by a denial and Syria, and was suspected of ferrying 10 A party named or added as a related person order violates the Regulations. 15 CFR 764.2(a) and weapons and/or other equipment to the may not oppose the issuance or renewal of the (k). underlying temporary denial order, but may file an 12 The third appeared to have appeal of the related person determination in undergone significant service maintenance and may 13 See http://www.treasury.gov/resource-center/ accordance with Section 766.23(c). See also note 2, not have been operational at the time of the March sanctions/OFAC-Enforcement/pages/ supra. 9, 2010 renewal order. 20120919.aspx.

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Syrian Government from Iran’s Islamic 2013 order also added Mehdi Bahrami of Mahan Airways’ activities and Revolutionary Guard Corps. as a related person in accordance with detailed an attempt by Mahan, which In addition, as first detailed in the Section 766.23 of the Regulations. OEE thwarted, to obtain, via an July 1, 2011 and August 24, 2011 orders, Bahrami, a Mahan Vice-President and Indonesian aircraft parts supplier, two and discussed in subsequent renewal the head of Mahan’s Istanbul Office, U.S.-origin Honeywell ALF–502R–5 orders in this matter, Mahan Airways also was involved in Mahan’s aircraft engines (MSNs LF5660 and also continued to evade U.S. export acquisition of the original three Boeing LF5325), items subject to the control laws by operating two Airbus 747s (Aircraft 1–3) that resulted in the Regulations, from a U.S. company A310 aircraft, bearing Mahan Airways’ original TDO, and has had a business located in Texas. An invoice of the livery and logo, on flights into and out relationship with Mahan back to Indonesian aircraft parts supplier dated of Iran.14 At the time of the July 1, 2011 1997. March 27, 2013, listed Mahan Airways and August 24, 2011 orders, these The July 31, 2013 renewal order as the purchaser of the engines and Airbus A310s were registered in France, detailed additional evidence obtained included a Mahan ship-to address. OEE with tail numbers F–OJHH and F–OJHI, by OEE showing efforts by Mahan also obtained a Mahan air waybill dated respectively.15 The August 2012 Airways to obtain another GE CF6–50C2 March 12, 2013, listing numerous U.S.- renewal order also found that Mahan aircraft engine (MSN 528350) from the origin aircraft parts subject to the Airways had acquired another Airbus United States via Turkey. Multiple Regulations—including, among other A310 aircraft subject to the Regulations, Mahan employees, including Mehdi items, a vertical navigation gyroscope, a with MSN 499 and Iranian tail number Bahrami, were involved in or aware of transmitter, and a power control unit— EP–VIP, in violation of the matters related to the engine’s arrival in being transported by Mahan from Regulations.16 On September 19, 2012, Turkey from the United States, plans to Turkey to Iran in violation of the TDO. all three aircraft (tail visually inspect the engine, and prepare The July 22, 2014 renewal order numbers F–OJHH, F–OJHI, and EP–VIP) it for shipment from Turkey. discussed open source evidence from were designated as SDGTs.17 Mahan Airways sought to obtain this the March-June 2014 time period The February 4, 2013 renewal order U.S.-origin engine through Pioneer regarding two BAE regional jets, items laid out further evidence of continued Logistics Havacilik Turizm Yonetim subject to the Regulations, that were and additional efforts by Mahan Danismanlik (‘‘Pioneer Logistics’’), an painted in the livery and logo of Mahan Airways and other persons acting in aircraft parts supplier located in Turkey, Airways and operating under Iranian concert with Mahan, including Kral and its director/operator, Gulnihal tail numbers EP–MOI and EP–MOK, Aviation and another Turkish company, Yegane, a Turkish national who respectively.20 In addition, aviation to procure U.S.-origin engines—two GE previously had conducted Mahan industry resources indicated that these CF6–50C2 engines, with MSNs 517621 related business with Mehdi Bahrami aircraft were obtained by Mahan and 517738, respectively—and other and Ali Eslamian. Moreover, as Airways in late November 2013 and aircraft parts in violation of the TDO referenced in the July 31, 2013 renewal June 2014, from Ukrainian 18 and the Regulations. The February 4, order, a sworn affidavit by Kosol Mediterranean Airline, a Ukrainian Surinanda, also known as Kosol airline that was added to BIS’s Entity 14 The Airbus A310s are powered with U.S.-origin Surinandha, Managing Director of List (Supplement No. 4 to Part 744 of engines. The engines are subject to the Regulations Mahan’s General Sales Agent in and classified under Export Control Classification the Regulations) on August 15, 2011, for (‘‘ECCN’’) 9A991.d. The Airbus A310s contain , stated that the shares of acting contrary to the national security controlled U.S.-origin items valued at more than 10 Pioneer Logistics for which he was the and foreign policy interests of the percent of the total value of the aircraft and as a listed owner were ‘‘actually the property United States.21 Open source result are subject to the Regulations. They are of and owned by Mahan.’’ He further classified under ECCN 9A991.b. The export or information indicated that at least EP– reexport of these aircraft to Iran requires U.S. stated that he held ‘‘legal title to the MOI remained active in Mahan’s fleet, Government authorization pursuant to Sections shares until otherwise required by and that the aircraft was being operated 742.8 and 746.7 of the Regulations. Mahan’’ but would ‘‘exercise the rights on multiple flights in July 2014. 15 OEE subsequently presented evidence that after granted to [him] exactly and only as the August 24, 2011 renewal, Mahan Airways The January 16, 2015 renewal order worked along with Kerman Aviation and others to instructed by Mahan and [his] vote and/ detailed evidence of additional attempts de-register the two Airbus A310 aircraft in France or decisions [would] only and and to register both aircraft in Iran (with, exclusively reflect the wills and 20 The BAE regional jets are powered with U.S.- respectively, Iranian tail numbers EP–MHH and demands of Mahan[.]’’ 19 origin engines. The engines are subject to the EAR EP–MHI). It was determined subsequent to the The January 24, 2014 renewal order and classified under ECCN 9A991.d. These aircraft February 15, 2012 renewal order that the outlined OEE’s continued investigation contain controlled U.S.-origin items valued at more registration switch for these A310s was cancelled than 10 percent of the total value of the aircraft and and that Mahan Airways then continued to fly the as a result are subject to the EAR. They are aircraft under the original French tail numbers (F– (MSN 517738) on July 30, 2012. The owner of the classified under ECCN 9A991.b. The export or OJHH and F–OJHI, respectively). Both aircraft second engine subsequently cancelled the item’s reexport of these aircraft to Iran requires U.S. apparently remain in Mahan Airways’ possession. sale to Kral Aviation. In September 2012, OEE was Government authorization pursuant to Sections 16 See note 14, supra. alerted by a U.S. exporter that another Turkish 742.8 and 746.7 of the Regulations. 17 See http://www.treasury.gov/resource-center/ company (‘‘Turkish Company No. 2’’) was 21 See 76 FR 50407 (Aug. 15, 2011). The July 22, sanctions/OFAC-Enforcement/pages/ attempting to purchase aircraft spare parts intended 2014 renewal order also referenced two Airbus 20120919.aspx. Mahan Airways was previously for re-export by Turkish Company No. 2 to Mahan A320 aircraft painted in the livery and logo of designated by OFAC as a SDGT on October 18, Airways. See February 4, 2013 renewal order. Mahan Airways and operating under Iranian tail 2011. 77 FR 64427 (October 18, 2011). On December 31, 2013, Kral Aviation was added numbers EP–MMK and EP–MML, respectively. 18 Kral Aviation was referenced in the February to BIS’s Entity List, Supplement No. 4 to Part 744 OEE’s investigation also showed that Mahan 4, 2013 renewal order as ‘‘Turkish Company No. 1.’’ of the Regulations. See 78 FR 75458 (Dec. 12, 2013). obtained these aircraft in November 2013, from Kral Aviation purchased a GE CF6–50C2 aircraft Companies and individuals are added to the Entity Khors Air Company, another Ukrainian airline that, engine (MSN 517621) from the United States in July List for engaging in activities contrary to the like Ukrainian Mediterranean Airlines, was added 2012, on behalf of Mahan Airways. OEE was able national security or foreign policy interests of the to BIS’s Entity List on August 15, 2011. Open to prevent this engine from reaching Mahan by United States. See 15 CFR 744.11. source evidence indicates the two Airbus A320 issuing a redelivery order to the freight forwarder 19 Pioneer Logistics, Gulnihal Yegane, and Kosol aircraft may have been transferred by Mahan in accordance with Section 758.8 of the Surinanda also were added to the Entity List on Airways to another Iranian airline in October 2014, Regulations. OEE also issued Kral Aviation a December 12, 2013. See 78 FR 75458 (Dec. 12, and issued Iranian tail numbers EP–APE and EP– redelivery order for the second CF6–50C2 engine 2013). APF, respectively.

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by Mahan Airways to acquire items The sales agreements for these two the aircraft, all of which are subject to subject the Regulations in further aircraft were signed by Ali Abdullah the Regulations and were obtained by violation of the TDO. Specifically, in Alhay for Al Naser Airlines.24 Payment Mahan from Al Naser Airlines, had been March 2014, OEE became aware of an information reveals that multiple issued the following Iranian tail inertial reference unit bearing serial electronic funds transfers (‘‘EFT’’) were numbers: EP–MMD (MSN 164), EP– number 1231 (‘‘the IRU’’) that had been made by Ali Abdullah Alhay and Bahar MMG (MSN 383), EP–MMH (MSN 391) sent to the United States for repair. The Safwa General Trading in order to and EP–MMR (MSN 416), IRU is a U.S.-origin item, subject to the acquire MSNs 164 and 550. respectively.27 Publicly available flight Regulations, classified under ECCN The May 21, 2015 modification order tracking information provided evidence 7A103, and controlled for missile also laid out evidence showing the that at the time of the July 13, 2015 technology reasons. Upon closer respondents’ attempts to obtain other renewal, both EP–MMH and EP–MMR inspection, it was determined that IRU controlled aircraft, including aircraft were being actively flown on routes into came from or had been installed on an physically located in the United States and out of Iran in violation of the aircraft bearing MSN 056. in similarly-patterned transactions Regulations.28 Further investigation revealed that as of during the same recent time period. The January 7, 2016 renewal order approximately February 2014, this Transactional documents involving two discussed evidence that Mahan Airways aircraft was registered under Iranian tail Airbus A320s bearing MSNs 82 and 99, had begun actively flying EP–MMD on number EP–MMB and had been painted respectively, again showed Ali international routes into and out of Iran. in the livery and logo of Mahan Abdullah Alhay signing sales Additionally, the January 7, 2016 order Airways. agreements for Al Naser Airlines.25 A described publicly available aviation The January 16, 2015 renewal order review of the payment information for database and flight tracking information also described related efforts by the these aircraft similarly revealed EFTs indicating that Mahan Airways Departments of Justice and Treasury to from Ali Abdullah Alhay and Bahar continued efforts to acquire Iranian tail further thwart Mahan’s illicit Safwa General Trading that follow the numbers and press into active service procurement efforts. Specifically, on pattern described for MSNs 164 and under Mahan’s livery and logo at least August 14, 2014, the United States 550, supra. MSNs 82 and 99 were two more of the Airbus A340 aircraft it Attorney’s Office for the District of detained by OEE Special Agents prior to had obtained from or through Al Naser Maryland filed a civil forfeiture their planned export from the : EP–MME (MSN 371) and EP– complaint for the IRU pursuant to 22 States. MMF (MSN 376), respectively. U.S.C. 401(b) that resulted in the court The July 13, 2015 renewal order The July 7, 2016 renewal order issuing an Order of Forfeiture on outlined evidence showing that Al described Mahan Airways’ acquisition December 2, 2014. EP–MMB remains Naser Airlines’ attempts to acquire of a BAE Avro RJ–85 aircraft (MSN listed as active in Mahan Airways’ fleet aircraft on behalf of Mahan Airways 2392) in violation of the Regulations extended beyond MSNs 164 and 550 to and its subsequent registration under and has been used on flights into and 29 out of Iran as recently as December 19, include a total of nine aircraft.26 Four of Iranian tail number EP–MOR. This 2017. information was corroborated by Additionally, on August 29, 2014, contain controlled U.S.-origin items valued at more publicly available information on the than 10 percent of the total value of the aircraft and website of Iran’s civil aviation authority. OFAC blocked the property and as a result are subject to the EAR regardless of their interests in property of Asian Aviation The July 7, 2016 order also outlined location. The aircraft are classified under ECCN Mahan’s continued operation of EP– Logistics of Thailand, a Mahan Airways 9A991.b. The export or re-export of these aircraft to affiliate or front company, pursuant to Iran requires U.S. Government authorization pursuant to Sections 742.8 and 746.7 of the involved in Al Naser Airlines’ acquisition of MSNs Executive Order 13224. In doing so, Regulations. 164 and 550, and the attempted acquisition of OFAC described Mahan Airways’ use of 24 The evidence obtained by OEE showed Ali MSNs 82 and 99 (which were detained by OEE). Asian Aviation Logistics to evade Abdullah Alhay as a 25% owner of Al Naser 27 The Airbus A340s are powered by U.S.-origin sanctions by making payments on behalf Airlines. engines that are subject to the Regulations and 25 Both aircraft were physically located in the classified under ECCN 9A991.d. The Airbus A340s of Mahan for the purchase of engines contain controlled U.S.-origin items valued at more 22 United States and therefore are subject to the and other equipment. Regulations pursuant to Section 734.3(a)(1). than 10 percent of the total value of the aircraft and The May 21, 2015 modification order Moreover, these Airbus A320s are powered by U.S.- as a result are subject to the EAR regardless of their detailed the acquisition of two aircraft, origin engines that are subject to the Regulations location. The aircraft are classified under ECCN specifically an Airbus A340 bearing and classified under Export Control Classification 9A991.b. The export or re-export of these aircraft to Number ECCN 9A991.d. The Airbus A320s contain Iran requires U.S. Government authorization MSN 164 and an bearing controlled U.S.-origin items valued at more than 10 pursuant to Sections 742.8 and 746.7 of the MSN 550, that were purchased by Al percent of the total value of the aircraft and as a Regulations. Naser Airlines in late 2014/early 2015 result are subject to the EAR regardless of their 28 There is some publicly available information and were under the possession, control, location. The aircraft are classified under ECCN indicating that the aircraft Mahan Airways is flying 23 9A991.b. The export or re-export of these aircraft to under Iranian tail number EP–MMR is now MSN and/or ownership of Mahan Airways. Iran requires U.S. Government authorization 615, rather than MSN 416. Both aircraft are Airbus pursuant to Sections 742.8 and 746.7 of the A340 aircraft that Mahan acquired from Al Naser 22 See http://www.treasury.gov/resource-center/ Regulations. Airlines in violation of the Regulations. Moreover, sanctions/OFAC-Enforcement/Pages/ 26 This evidence included a press release dated both aircraft were designated as SDGTs by OFAC 20140829.aspx. See 79 FR 55073 (Sep. 15, 2014). May 9, 2015, that appeared on Mahan Airways’ on May 21, 2015, pursuant to Executive Order OFAC also blocked the property and property website and stated that Mahan ‘‘added 9 modern 13224. See 80 FR 30762 (May 29, 2015). interests of Pioneer Logistics of Turkey on August aircraft to its air fleet [,]’’ and that the newly 29 The BAE Avro RJ–85 is powered by U.S.-origin 29, 2014. Id. Mahan Airways’ use of Pioneer acquired aircraft included eight Airbus A340s and engines that are subject to the Regulations and Logistics in an effort to evade the TDO and the one Airbus A321. See http://www.mahan.aero/en/ classified under ECCN 9A991.d. The BAE Avro RJ– Regulations was discussed in a prior renewal order, mahan-air/press-room/44. The press release was 85 contains controlled U.S.-origin items valued at as summarized, supra, at 14. BIS added both Asian subsequently removed from Mahan Airways’ more than 10 percent of the total value of the Aviation Logistics and Pioneer Logistics to the website. Publicly available aviation databases aircraft and as a result is subject to the EAR Entity List on December 12, 2013. See 78 FR 75458 similarly showed that Mahan had obtained nine regardless of its location. The aircraft is classified (Dec. 12, 2013). additional aircraft from Al Naser Airlines in May under ECCN 9A991.b, and its export or re-export to 23 Both of these aircraft are powered by U.S.- 2015, including MSNs 164 and 550. As also Iran requires U.S. Government authorization origin engines that are subject to the Regulations discussed in the July 13, 2015 renewal order, Sky pursuant to Sections 742.8 and 746.7 of the and classified under ECCN 9A991.d. Both aircraft Blue Bird Group, via Issam Shammout, was actively Regulations.

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MMF in violation of the Regulations on subsequently cancelled and the aircraft for the District of New Jersey involving routes from Tehran, Iran to , returned to their owner. the unlicensed exports of U.S.-origin and , China, The December 20, 2017 renewal order aircraft parts valued at over $2 million respectively. also included evidence indicating that to Iran, including to Mahan Airways. The December 30, 2016 renewal order Mahan Airways was continuing to The December 11, 2018 renewal order outlined Mahan’s continued operation operate a number of aircraft subject to detailed publicly available information of multiple Airbus aircraft, including the Regulations, including aircraft showing that Mahan Airways had EP–MMD (MSN 164), EP–MMF (MSN originally procured from or through Al continued operating a number of aircraft 376), and EP–MMH (MSN 391), which Naser Airlines, on flights into and out subject to the EAR, including, but not were acquired from or through Al Naser of Iran, including from/to , limited to, EP–MMB, EP–MME, EP– Airlines, as previously detailed in , Shanghai, China, , MMF, and EP–MMQ, on international pertinent part in the July 13, 2015 and Turkey, , , and flights into and out of Iran from/to January 7, 2016 renewal orders. Publicly Baghdad, Iraq. Istanbul, Turkey, , China, available flight tracking information The June 14, 2018 renewal order , Thailand, and Dubai, UAE.34 showed that the aircraft were operated outlined evidence that Mahan began It also discussed that OEE’s continued on flights into and out of Iran, including actively operating EP–MMT, an Airbus investigation of Mahan Airways and its from/to Beijing, China, , A340 aircraft (MSN 292) acquired in affiliates and agents had resulted in an , and Istanbul, Turkey.30 2017 and previously registered in October 2018 guilty plea by Arzu The June 27, 2017 renewal order under tail number UP– Sagsoz, a Turkish national, in the U.S. included similar evidence regarding A4003, on international flights into and District Court for the District of Mahan Airways’ operation of multiple out of Iran.32 It also discussed evidence Columbia, stemming from her Airbus aircraft subject to the that Mahan continued to operate a involvement in a conspiracy to export a Regulations, including, but not limited number of aircraft subject to the U.S.-origin aircraft engine, valued at to, aircraft procured from or through Al Regulations, including, but not limited approximately $810,000, to Mahan. Naser Airlines, on flights into and out to, EP–MME, EP–MMF, and EP–MMH, The December 11, 2018 order also of Iran, including from/to , on international flights into and out of noted OFAC’s September 14, 2018 Russia, Shanghai, China and Kabul, Iran, including from/to Beijing, China. designation of Mahan-related entities as Afghanistan. The June 27, 2017 order The June 14, 2018 renewal order also SDGTs pursuant to Executive Order also detailed evidence concerning a noted OFAC’s May 24, 2018 designation 13224, namely, My Aviation Company suspected planned or attempted of Otik Aviation, a/k/a Otik Havacilik Limited, of Thailand, and Mahan Travel diversion to Mahan of an Airbus A340 Sanayi Ve Ticaret Limited Sirketi, of and SDN BHD, a/k/a Mahan subject to the Regulations that had first Turkey, as an SDGT pursuant to Travel a/k/a Mihan Travel & Tourism been mentioned in OEE’s December 13, Executive Order 13224, for providing SDN BHD, of Malaysia.35 As general 2016 renewal request. material support to Mahan, as well as sales agents for Mahan Airways, these The December 20, 2017 renewal order OFAC’s designation as SDGTs of an companies sold cargo space aboard presented evidence that a Mahan additional twelve aircraft in which Mahan Airways’ flights, including on employee attempted to initiate Mahan has an interest.33 The June 14, flights to Iran, and provided other negotiations with a U.S. company for 2018 order also cited the April 2018 services to or for the benefit of Mahan the purchase of an aircraft subject to the arrest and arraignment of a U.S. citizen Airways and its operations.36 Regulations and classified under ECCN on a three-count criminal information The June 5, 2019 renewal order 9A610. Moreover, the order highlighted filed in the United States District Court highlighted Mahan’s continued Al Naser Airlines’ acquisition, via lease, violation of the TDO and the of at least possession and/or control of 32 The Airbus A340 is powered by U.S.-origin Regulations. An end-use check a Boeing 737 (MSN 25361), bearing tail engines that are subject to the Regulations and conducted by BIS in Malaysia in March classified under ECCN 9A991.d. The Airbus A340 number YR–SEB, and an Airbus A320 contains controlled U.S.-origin items valued at (MSN 357), bearing tail number YR– more than 10 percent of the total value of the 34 Flight tracking information showed that on SEA, from a Romanian company in aircraft and as a result is subject to the Regulations December 10, 2018, EP–MMB (MSN 56) flew from violation of the TDO and the regardless of its location. The aircraft is classified Istanbul, Turkey to Tehran, Iran, and EP–MME (MSN 371) flew from Guangzhou, China to Tehran, 31 under ECCN 9A991.b. The export or re-export of Regulations. Open source information this aircraft to Iran requires U.S. Government Iran. Additionally, on , 2018, EP–MMF indicates that after the December 20, authorization pursuant to Sections 742.8 and 746.7 (MSN 376) flew from Bangkok, Thailand to Tehran, 2017 renewal order publicly exposed Al of the Regulations. On June 4, 2018, EP–MMT (MSN Iran, and on December 9, 2018, EP–MMQ (MSN Naser’s acquisition of these two aircraft 292) flew from Bangkok, Thailand to Tehran, Iran. 449) flew on routes between Dubai, United Arab 33 Emirates and Tehran, Iran. (MSNs 25361 and 357), the leases were See 83 FR 27828 (June 14, 2018). OFAC’s related press release stated in part that ‘‘[o]ver the 35 See 83 FR 34301 (July 19, 2018) (designation last several years, Otik Aviation has procured and of Mahan Travel and Tourism SDN BHD on July 9, 30 Specifically, on December 22, 2016, EP–MMD delivered millions of dollars in aviation-related 2018), and 83 FR 53,359 (Oct. 22, 2018) (MSN 164) flew from Dubai, UAE to Tehran, Iran. spare and replacement parts for Mahan Air, some (designation of My Aviation Company Limited and Between December 20 and December 22, 2016, EP– of which are procured from the United States and updating of entry for Mahan Travel and Tourism MMF (MSN 376) flew on routes from Tehran, Iran the European Union. As recently as 2017, Otik SDN BHD on September 14, 2018). to Beijing, China and Istanbul, Turkey, respectively. Aviation continued to provide Mahan Air with 36 OFAC’s press release concerning its Between December 26 and December 28, 2016, EP– replacement parts worth well over $100,000 per designation of My Aviation Company Limited on MMH (MSN 391) flew on routes from Tehran, Iran shipment, such as aircraft brakes.’’ The twelve September 14, 2018, states in part that ‘‘[t]his to Kuala Lumpur, Malaysia. additional Mahan-related aircraft that were Thailand-based company has disregarded numerous 31 The Airbus A320 is powered with U.S.-origin designated are: EP–MMA (MSN 20), EP–MMB U.S. warnings, issued publicly and delivered engines, which are subject to the EAR and classified (MSN 56), EP–MMC (MSN 282), EP–MMJ (MSN bilaterally to the Thai government, to sever ties under Export Control Classification (‘‘ECCN’’) 526), EP–MMV (MSN 2079), EP–MNF (MSN 547), with Mahan Air.’’ My Aviation provides cargo 9A991.d. The engines are valued at more than 10 EP–MOD (MSN 3162), EP–MOM (MSN 3165), EP– services to Mahan Airways, including freight percent of the total value of the aircraft, which MOP (MSN 2257), EP–MOQ (MSN 2261), EP–MOR booking, and works with local freight forwarding consequently is subject to the EAR. The aircraft is (MSN 2392), and EP–MOS (MSN 2347). See https:// entities to ship cargo on regularly-scheduled Mahan classified under ECCN 9A991.b, and its export or home.treasury.gov/news/press-releases/sm0395. See Airways’ flights to Tehran, Iran. My Aviation has reexport to Iran would require U.S. Government also https://www.treasury.gov/resource-center/ also provided Mahan Airways with passenger authorization pursuant to Sections 742.8 and 746.7 sanctions/OFAC-Enforcement/Pages/ booking services. See https://home.treasury.gov/ of the Regulations. 20180524.aspx. news/press-releases/sm484.

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2019 uncovered evidence that, on software subject to the Regulations was other violations, conspiring to export approximately ten occasions, Mahan provided to a company in Turkey and aircraft and parts to Mahan in violation had caused, aided and/or abetted the subsequently used to facilitate and of export control laws and the embargo unlicensed export of U.S.-origin items service Mahan’s operations into and out on Iran beginning around August 2012 subject to the Regulations from the of Turkey in further violation of the through May 2015. United States to Iran via Malaysia. The Regulations. In addition to detailing the operation items included helicopter shafts, Additionally, open source of multiple aircraft in violation of the transmitters, and other aircraft parts, information, including flight tracking Regulations,44 the November 24, 2020 some of which are listed on the data and news articles published in renewal order discussed a related TDO Commerce Control List and controlled October 2019, showed that Mahan issued on August 19, 2020, denying for on anti-terrorism grounds. The June 5, Airways was now operating a U.S.- 180 days the export privileges of 2019 order also detailed publicly origin Boeing 747 on routes between -based PT MS Aero Support available flight tracking information Iranian airports in Tehran, Kish Island, (‘‘PTMS Aero’’), PT Antasena Kreasi showing that Mahan continued to and . This aircraft, bearing (‘‘PTAK’’), PT Kandiyasa Energi Utama unlawfully operate a number of aircraft Iranian tail number EP–MNB, appears to (‘‘PTKEU’’), Sunarko Kuntjoro, Triadi subject to the EAR on flights into and be one of the three aircraft that Mahan Senna Kuntjoro, and Satrio Wiharjo out of Iran, including on routes to and illegally acquired via Blue Airways of Sasmito based on their involvement in 37 from Damascus, Syria. Armenia and U.K.-based Balli Group the unlicensed export of aircraft parts to The June 5, 2019 order also described that resulted in the issuance of the Mahan Airways—often in coordination 41 actions taken by both BIS and OFAC to original TDO. See supra at 10–12. with Mustafa Ovieci, a Mahan thwart efforts by entities connected to or Evidence was also described in the executive.45 These parties also acting on behalf of Mahan Airways to December 2, 2019 renewal order facilitated the shipment of damaged violate U.S. export controls and showing that on or about November 11, Mahan parts to the United States for sanctions related to Iran. On May 14, 2019, Mahan caused, aided and/or repair and subsequent export back to 2019, BIS added Manohar Nair, Basha abetted the unlicensed export of a U.S.- Iran in further violation of U.S. laws. In Asmath Shaikh, and two co-located origin atomic absorption spectrometer, both instances, the fact that the items companies that they operate, Emirates an item subject to the Regulations, from were destined to Iran/Mahan was Hermes General Trading and Presto the United States to Iran via the UAE. concealed from U.S. companies, Freight International, LLC, to the Entity Finally, publicly available flight shippers, and freight forwarders.46 List pursuant to Section 744.11 of the tracking information showed that Regulations, including for engaging in Mahan continued to unlawfully operate The November 24, 2020 renewal order activities to procure U.S.-origin items on a number of aircraft subject to the EAR also includes actions taken by other U.S. Mahan’s behalf.38 On January 24, 2019, on flights into and out of Iran, including government agencies such as OFAC’s OFAC designated as SDGTs Flight on routes to and from Guangzhou, August 19, 2020 designation of UAE- Travel LLC, which is Mahan’s general China, Istanbul, Turkey, and Kuala based Cargo, its CEO Amin service agent in Yerevan, Armenia, and Lumpur, Malaysia.42 Mahdavi, and Delta Parts Supply FZC as Qeshm Air, an Iranian airline The May 29, 2020 renewal order cited SDGTs pursuant to Executive Order which operates two U.S.-origin Boeing Mahan’s operation of EP–MMD, EP– 13224 for providing ‘‘key parts and 747s 39 and is owned or controlled by MMF, and EP–MMI, aircraft originally logistics services for Mahan Air. . . .’’ Mahan, and also linked to the Islamic acquired from Al Naser Airlines, on The OFAC press release further states, Revolutionary Guard Corps-Qods Force international flights into and out of Iran in part, that Mahdavi ‘‘has directly 40 from/to Bangkok, Thailand, Dubai, UAE, coordinated the shipment of parts on (IRGC–QF). 47 The December 2, 2019 renewal order and Shanghai, China in violation of the behalf of Mahan Air.’’ In addition, noted that OEE’s on-going investigation TDO and EAR.43 The May 29, 2020 Mahdavi and Parthia Cargo were revealed that U.S.-origin passenger renewal order also detailed the indicted in the United States District flight and database management indictment of Ali Abdullah Alhay and Court for the District of Columbia for Issam Shammout, parties added to the violating sanctions on Iran.48 37 Specifically, on May 26, 2019, EP–MMJ (MSN TDO in May and July 2015, respectively, Moreover, in October 2020, the U.S. 526) flew from Damascus, Syria to Tehran, Iran. In in the United States District Court for District Court for the District of New addition, on May 24, 2019, EP–MNF (MSN 547) the District of Columbia. Alhay and flew on routes between Moscow, Russia and Jersey sentenced Joyce Eliasbachus to 18 Tehran, and on May 23, 2019, EP–MMF (MSN 376) Shammout were charged with, among months of confinement based on her flew from Dubai, UAE to Tehran. role in a conspiracy to export $2 million 38 See 84 FR 21233 (May 14, 2019). 41 The same open sources indicated this aircraft dollars’ worth of aircraft parts from the 39 These 747s are registered in Iran with tail continued to operate on flights within Iran to numbers EP–FAA and EP–FAB, respectively. include a May 11, 2020 flight from Tehran, Iran to 44 Publicly available flight tracking information 40 OFAC’s press release concerning these Kerman, Iran. shows that on November 13, 2020, EP–MMQ (MSN designations states that Qeshm Fars Air was being 42 Publicly available flight tracking information 449) flew on routes between Istanbul, Turkey and designated for ‘‘being owned or controlled by shows that on November 23, 2019, EP–MME (MSN Tehran, Iran, and on November 15, 2020, EP–MMI Mahan Air, as well as for assisting in, sponsoring, 371) flew from Guangzhou, China to Tehran, Iran, (MSN 416) flew on routes between , China or providing financial, material or technological and on November 21, 2019, EP–MMF (MSN 376) and Tehran. support for, or financial or other services to or in flew on routes between Istanbul, Turkey and 45 support of, the IRGC–QF,’’ and that Flight Travel Tehran, Iran. Additionally, on November 20, 2019, See 85 FR 52321 (Aug. 25, 2020). LLC was being designated for ‘‘acting for or on EP–MMQ (MSN 449) flew from Kuala Lumpur, 46 PTMS Aero, PTAK, PTKEU, and Sunarko behalf of Mahan Air.’’ It further states, inter alia, Malaysia, to Tehran, Iran. Kuntjoro were each indicted in December 2019 on that ‘‘Mahan Air employees fill Qeshm Fars Air 43 Publicly available flight tracking information multiple counts related to this conspiracy in the management positions, and Mahan Air provides shows that on May 8, 2020, EP–MMD (MSN 164) United States District Court for the District of technical and operational support for Qeshm Fars flew on routes between Bangkok, Thailand and Columbia. Air, facilitating the airline’s illicit operations.’’ See Tehran, Iran, and on May 10, 2020, EP–MMF (MSN 47 https://home.treasury.gov/news/press-releases/ https://home.treasury.gov/news/press-releases/ 376) flew on routes between Dubai, UAE and sm1098. sm590. See also https://www.treasury.gov/resource- Tehran. In addition, on May 9, 2020, EP–MMI 48 https://www.justice.gov/opa/pr/iranian- center/sanctions/OFAC-Enforcement/Pages/ (MSN 416) flew on routes between Shanghai, China national-and-uae-business-organization-charged- 20190124.aspx. and Tehran. criminal-conspiracy-violate-iranian.

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United States to Iran, including to the United States and abroad that they Street, Damascus, Syria, and Al Kolaa, Mahan Airways.49 should continue to avoid dealing with Beirut, Lebanon 151515, and 17–18 OEE’s on-going investigation since the Mahan Airways and Al Naser Airlines Margaret Street, 4th Floor, London, November 24, 2020 renewal order and the other denied persons, in W1W 8RP, United Kingdom, and further demonstrates the nature of connection with export and reexport Cumhuriyet Mah. Kavakli San St. Fulya, Mahan Airway’s prior actions and its transactions involving items subject to Cad. Hazar Sok. No.14/A Silivri, continued actions in violation of the the Regulations and in connection with Istanbul, Turkey, and when acting for or TDO and the Regulations, both directly any other activity subject to the on their behalf, any successors or and through its widespread network of Regulations. assigns, agents, or employees (each a procurement agents, front companies, ‘‘Denied Person’’ and collectively the III. Order and intermediaries. In particular, Mahan ‘‘Denied Persons’’) may not, directly or Airways continues to operate a number It is therefore ordered: indirectly, participate in any way in any of aircraft subject to the EAR, including, First, that MAHAN AIRWAYS, Mahan transaction involving any commodity, but not limited to, EP–MMH, EP–MMI, Tower, No. 21, Azadegan St., M.A. software or technology (hereinafter and EP–MMQ, on international flights Jenah Exp. Way, Tehran, Iran; PEJMAN collectively referred to as ‘‘item’’) into and out of Iran from/to Shanghai, MAHMOOD KOSARAYANIFARD A/K/ exported or to be exported from the China, and Dubai, United Arab A KOSARIAN FARD, P.O. Box 52404, United States that is subject to the EAR, Emirates, and Guangzhou, China, Dubai, United Arab Emirates; or in any other activity subject to the respectively. These flights have MAHMOUD AMINI, G#22 Dubai EAR including, but not limited to: continued since the April 27, 2021 Airport Free Zone, P.O. Box 393754, A. Applying for, obtaining, or using renewal request was submitted.50 Dubai, United Arab Emirates, and P.O. any license, license exception, or export Open source news reporting also Box 52404, Dubai, United Arab control document; indicates that after five years of Emirates, and Mohamed Abdulla Alqaz B. Carrying on negotiations maintenance, Mahan Air is now Building, Al Maktoum Street, Al Rigga, concerning, or ordering, buying, operating EP–MNE, a Boeing 747 on Dubai, United Arab Emirates; KERMAN receiving, using, selling, delivering, domestic flights within Iran.51 In AVIATION A/K/A GIE KERMAN storing, disposing of, forwarding, addition to this aircraft being one of the AVIATION, 42 Avenue Montaigne transporting, financing, or otherwise original three Boeing aircraft Mahan 75008, Paris, France; SIRJANCO servicing in any way, any transaction obtained in violation of the Regulations, TRADING LLC, P.O. Box 8709, Dubai, involving any item exported or to be any service or maintenance involving United Arab Emirates; MAHAN AIR exported from the United States that is parts subject to the EAR would further GENERAL TRADING LLC, 19th Floor Al subject to the EAR, or engaging in any violate the TDO. Moosa Tower One, Sheik Zayed Road, other activity subject to the EAR; or Through these prior and on-going Dubai 40594, United Arab Emirates; C. Benefitting in any way from any investigative efforts, OEE and its law MEHDI BAHRAMI, Mahan Airways- transaction involving any item exported enforcement partners are working to Istanbul Office, Cumhuriye Cad. Sibil or to be exported from the United States disrupt Mahan’s illicit acquisition of Apt No: 101 D:6, 34374 Emadad, Sisli that is subject to the EAR, or from any aircraft and parts as well as its role in Istanbul, Turkey; AL NASER AIRLINES other activity subject to the EAR. transporting or forwarding such items. A/K/A AL–NASER AIRLINES A/K/A Second, that no person may, directly AL NASER WINGS AIRLINE A/K/A or indirectly, do any of the following: C. Findings ALNASER AIRLINES AND AIR A. Export or reexport to or on behalf Under the applicable standard set FREIGHT LTD., Home 46, Al-Karrada, of a Denied Person any item subject to forth in Section 766.24 of the Babil Region, District 929, St 21, Beside the EAR; Regulations and my review of the entire Al Jadirya Private Hospital, Baghdad, B. Take any action that facilitates the record, I find that the evidence Iraq, and Al Amirat Street, Section 309, acquisition or attempted acquisition by presented by BIS convincingly St. 3/H.20, Al Mansour, Baghdad, Iraq, a Denied Person of the ownership, demonstrates that the denied persons and P.O. Box 28360, Dubai, United Arab possession, or control of any item have acted in violation of the Emirates, and P.O. Box 911399, Amman subject to the EAR that has been or will Regulations and the TDO; that such 11191, Jordan; ALI ABDULLAH ALHAY be exported from the United States, violations have been significant, A/K/A ALI ALHAY A/K/A ALI including financing or other support deliberate and covert; and that given the ABDULLAH AHMED ALHAY, Home activities related to a transaction foregoing and the nature of the matters 46, Al-Karrada, Babil Region, District whereby a Denied Person acquires or under investigation, there is a likelihood 929, St 21, Beside Al Jadirya Private attempts to acquire such ownership, of imminent violations. Therefore, Hospital, Baghdad, Iraq, and Anak possession or control; renewal of the TDO is necessary in the Street, Qatif, Saudi Arabia 61177; C. Take any action to acquire from or public interest to prevent imminent BAHAR SAFWA GENERAL TRADING, to facilitate the acquisition or attempted violation of the Regulations and to give P.O. Box 113212, Citadel Tower, Floor- acquisition from a Denied Person of any notice to companies and individuals in 5, Office #504, Business Bay, Dubai, item subject to the EAR that has been United Arab Emirates, and P.O. Box exported from the United States; 49 Eliasbachus’ arrest and arraignment were 8709, Citadel Tower, Business Bay, D. Obtain from a Denied Person in the detailed in the June 14, 2018 renewal order, as Dubai, United Arab Emirates; SKY United States any item subject to the described supra at 21. BLUE BIRD GROUP A/K/A SKY BLUE EAR with knowledge or reason to know 50 Publicly available flight tracking information BIRD AVIATION A/K/A SKY BLUE that the item will be, or is intended to shows that on May 14, 2021, EP–MMH (MSN 391) flew on routes between Shanghai, China and BIRD LTD A/K/A SKY BLUE BIRD FZC, be, exported from the United States; or Tehran, Iran, and on May 13, 2021, EP–MMI (MSN P.O. Box 16111, Ras Al Khaimah Trade E. Engage in any transaction to service 416) flew on routes between Dubai, United Arab Zone, United Arab Emirates; and ISSAM any item subject to the EAR that has Emirates and Tehran. In addition, on May 20, 2021, SHAMMOUT A/K/A MUHAMMAD been or will be exported from the EP–MMQ (MSN 346) flew on routes between Guangzhou, China and Tehran. ISAM MUHAMMAD ANWAR NUR United States and which is owned, 51 https://simpleflying.com/mahan-air-747-300- SHAMMOUT A/K/A ISSAM ANWAR, possessed or controlled by a Denied flies-again/. Philips Building, 4th Floor, Al Fardous Person, or service any item, of whatever

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origin, that is owned, possessed or person, and shall be published in the Scope of the Investigation controlled by a Denied Person if such Federal Register. service involves the use of any item This Order is effective immediately The products covered by this subject to the EAR that has been or will and shall remain in effect for 180 days. investigation are passenger tires from be exported from the United States. For Dated: May 21st, 2021. Thailand. For a complete description of the scope of this investigation, see purposes of this paragraph, servicing Kevin J. Kurland, Appendix I. means installation, maintenance, repair, Acting Assistant Secretary of Commerce for modification or testing. Export Enforcement. Third, that, after notice and Scope Comments [FR Doc. 2021–11194 Filed 5–26–21; 8:45 am] opportunity for comment as provided in BILLING CODE 3510–DT–P During the course of this section 766.23 of the EAR, any other investigation, Commerce received scope person, firm, corporation, or business comments from interested parties. organization related to a Denied Person DEPARTMENT OF COMMERCE Commerce issued a Preliminary Scope by ownership, control, position of Decision Memorandum to address these responsibility, affiliation or other International Trade Administration comments.3 We received comments connection in the conduct of trade or from interested parties on the business may also be made subject to [A–549–842] Preliminary Scope Decision the provisions of this Order. Passenger Vehicle and Light Truck Fourth, that this Order does not Memorandum, which we addressed in Tires From Thailand: Final Affirmative prohibit any export, reexport, or other the Final Scope Decision Determination of Sales at Less Than 4 transaction subject to the EAR where the Memorandum. With the exception of Fair Value only items involved that are subject to one revision to correct a typographical the EAR are the foreign-produced direct AGENCY: Enforcement and Compliance, error, Commerce is not modifying the product of U.S.-origin technology. International Trade Administration, scope language as it appeared in the In accordance with the provisions of Department of Commerce. correction to the Preliminary 5 Sections 766.24(e) of the EAR, Mahan SUMMARY: The Department of Commerce Determination. See Appendix I for the Airways, Al Naser Airlines, Ali (Commerce) determines that passenger final scope of the investigation. Abdullah Alhay, and/or Bahar Safwa vehicle and light truck tires (passenger Analysis of Comments Received General Trading may, at any time, tires) from Thailand are being, or are appeal this Order by filing a full written likely to be, sold in the United States at All issues raised in the case and statement in support of the appeal with less than fair value (LTFV) for the rebuttal briefs that were submitted by the Office of the Administrative Law period of investigation (POI) April 1, parties in this investigation are Judge, U.S. Coast Guard ALJ Docketing 2019, through March 31, 2020. addressed in the Issues and Decision Center, 40 South Gay Street, Baltimore, DATES: Applicable May 27, 2021. Memorandum. A list of the issues Maryland 21202–4022. In accordance FOR FURTHER INFORMATION CONTACT: Leo addressed in the Issues and Decision with the provisions of Sections Ayala or Myrna Lobo, AD/CVD Memorandum is attached to this notice 766.23(c)(2) and 766.24(e)(3) of the EAR, Operations, Office VII, Enforcement and Pejman Mahmood Kosarayanifard, at Appendix II. The Issues and Decision Compliance, International Trade Mahmoud Amini, Kerman Aviation, Memorandum is a public document and Administration, U.S. Department of Sirjanco Trading LLC, Mahan Air is on file electronically via Enforcement Commerce, 1401 Constitution Avenue General Trading LLC, Mehdi Bahrami, and Compliance’s Antidumping and NW, Washington, DC 20230; telephone: Sky Blue Bird Group, and/or Issam Countervailing Duty Centralized (202) 482–3945 or (202) 482–2371, Shammout may, at any time, appeal Electronic Service System (ACCESS). respectively. their inclusion as a related person by ACCESS is available to registered users filing a full written statement in support SUPPLEMENTARY INFORMATION: at https://access.trade.gov. In addition, a complete version of the Issues and of the appeal with the Office of the Background Administrative Law Judge, U.S. Coast Decision Memorandum can be accessed Guard ALJ Docketing Center, 40 South On January 6, 2021, Commerce directly at http://enforcement.trade.gov/ Gay Street, Baltimore, Maryland 21202– published in the Federal Register its frn. 4022. preliminary affirmative determination In accordance with the provisions of in the LTFV investigation of passenger Determination in the Less-Than-Fair-Value Section 766.24(d) of the EAR, BIS may tires from Thailand, in which we also Investigation of Passenger Vehicle and Light Truck seek renewal of this Order by filing a postponed the final determination until Tires from Thailand,’’ dated concurrently with, and May 21, 2021.1 We invited interested herby adopted by, this notice (Issues and Decision written request not later than 20 days Memorandum). before the expiration date. A renewal parties to comment on the Preliminary 3 See Memorandum, ‘‘Passenger Vehicle and request may be opposed by Mahan Determination. A summary of the events Light Truck Tires from the Republic of Korea, Airways, Al Naser Airlines, Ali that occurred since Commerce , Thailand, and the Socialist Republic of published the Preliminary : Preliminary Scope Comments Decision Abdullah Alhay, and/or Bahar Safwa Memorandum.’’ dated December 29, 2020 General Trading as provided in Section Determination may be found in the (Preliminary Scope Decision Memorandum). 2 766.24(d), by filing a written submission Issues and Decision Memorandum. 4 See Memorandum, ‘‘Passenger Vehicle and with the Assistant Secretary of Light Truck Tires from the Republic of Korea, 1 Commerce for Export Enforcement, See Passenger Vehicle and Light Truck Tires Taiwan, Thailand, and the Socialist Republic of from the Republic of Thailand: Preliminary Vietnam: Scope Comments Final Decision which must be received not later than Affirmative Determination of Sales at Less Than Memorandum.’’ dated concurrently with this notice seven days before the expiration date of Fair Value, Postponement of Final Determination, (Final Scope Decision Memorandum). the Order. and Extension of Provisional Measures, 86 FR 517 5 See Passenger Vehicle and Light Truck Tires A copy of this Order shall be provided (January 6, 2021) (Preliminary Determination), and from the Republic of Korea, Taiwan, Thailand, and accompanying Preliminary Decision Memorandum the Socialist Republic of Vietnam: Notice of to Mahan Airways, Al Naser Airlines, (PDM). Correction to Preliminary Determinations in Less- Ali Abdullah Alhay, and Bahar Safwa 2 See Memorandum, ‘‘Issues and Decision Than-Fair-Value Investigations, 86 FR 7252 General Trading and each related Memorandum for the Final Affirmative (January 27, 2021).

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