Action Affecting Export Privileges; Elham Abrishami; Order Denying Permission to Apply for or Use Export Licenses

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; Elham Abrishami; Order

Denying Permission to Apply for or Use Export Licenses

In the Matter of: Elham Abrishami, 271 Morrsarrat Drive, Dublin,

Ohio 43017.

On August 20, 1997, Elham Abrishami (Abrishami) was convicted in

the United States District Court for the Southern District of Ohio,

Eastern Division, on one count of violating the Export Administration

Act of 1979, as amended (currently codified at 50 U.S.C.A. app.

Secs. 2401-2420 (1991 & Supp. 1998)) (the Act),\1\ and one count of

violating Section 38 of the Arms Export Control Act (currently codified

at 22 U.S.C.A. Sec. 2278 (1990 & Supp. 1998)) (AECA). Specifically,

Abrishami was convicted of knowingly and willfully exporting and

causing to be exported radio communication equipment to the United Arab

Emirates, for transshipment of Iran, without first having obtained

authorization from the Department of Commerce, and of knowingly and

willfully attempting to export encryption modules from the United Arab

Emirates, for transshipment to Iran, without first having obtained an

export license or written authorization from the State Department.

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\1\ The Act expired on August 20, 1994. Executive Order 12924 (3

C.F.R., 1994 Comp. 917 (1995)), extended by Presidential Notices of

August 15, 1995 (3 CFR, 1995 Comp. 501 (1996)), August 14, 1996 (3

CFR , 1996 Comp. 298 (1997)), and August 13 1997 (62 FR 43629,

August 15, 1997), continued the Export Administration Regulations in

effect under the International Emergency Economic Powers Act (50

U.S.C.A. Secs. 1701-1706 (1991 & Supp. 1998)) (IEEPA).

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Section 11(h) of the Act provides that, at the discretion of the

Secretary of Commerce,\2\ no person convicted of violating the Act or

the AECA, or certain other provisions of the United States Code, shall

be eligible to apply for or use any license, including any License

Exception, issued pursuant to, or provided by, the Act or the Export

Administration Regulations (currently codified at 15 CFR Parts 730-774

(1998)) (the Regulations), for a period of up to 10 years from the date

of the conviction. In addition, any license issued pursuant to the Act

in which such a person had any interest at the time of conviction may

be revoked.

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\2\ Pursuant to appropriate delegations of authority, the

Director, Office of Exporter Services, in consultation with the

Director, Office of Export Enforcement, exercises the authority

granted to the Secretary by Section 11(h) of the Act.

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Pursuant to Sections 766.25 and 750.8(a) of the Regulations, upon

notification that a person had been convicted of violating the Act or

the AECA, the Director, Office of Export Services, in consultation with

the Director, Office of Export Enforcement, shall determine whether to

deny that person permission to apply for or use any license, including

any License Exception, issued pursuant to, or provided by, the Act or

the Regulations, and shall also determine whether to revoke any license

previously issued to such a person.

Having received notice of Abrishami's conviction for violating the

Act and the AECA, and following consultations with the Acting Director,

Office of Export Enforcement, I have decided to deny Abrishami

permission to apply for or use any license, including any License

Exception, issued pursuant to, or provided by, the Act and the

Regulations, for a period of 10 years from the date of her conviction.

The 10-year period ends on August 20, 2007. I have also decided to

revoke all licenses issued pursuant to the Act in which Abrishami had

an interest at the time of her conviction.

Accordingly, it is hereby

Ordered

I. Until August 20, 2007, Elham Abrishami, 271 Morrsarrat Drive,

Dublin, Ohio 43017, 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. Benefiting 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 do, directly or indirectly, any of the following:

A. Export or reexport to or in 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 State 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.

III. After notice and opportunity for comment as provided in

Section 766.23 of the Regulations, any person, firm, corporation, or

business organization related to Abrishami 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.

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 small remain in effect

until August 20, 2007.

VI. A copy of this Order shall be delivered to Abrishami. This

Order shall be published in the Federal Register.

[[Page 43371]]

Dated: August 3, 1998.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 98-21662 Filed 8-12-98; 8:45 am]

BILLING CODE 3510-DT-M