Notice2022-14936
In the Matter of: Hassan Ali Moshir-Fatemi, 290 Summit Road, Watsonville, CA 95076; Order Denying Export Privileges
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 13, 2022
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 87 Issue 133 (Wednesday, July 13, 2022)</title>
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[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41659-41660]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14936]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Hassan Ali Moshir-Fatemi, 290 Summit Road,
Watsonville, CA 95076; Order Denying Export Privileges
On January 28, 2021, in the U.S. District Court for the Northern
District of California, Hassan Ali Moshir-Fatemi (``Moshir-Fatemi''),
was convicted of violating the International Emergency Economic Powers
Act (50 U.S.C Sec. 1701, et seq.) (``IEEPA''). Specifically, Moshir-
Fatemi was convicted of knowingly and willfully conspiring and agreeing
to export, reexport, and supply, and causing to be exported,
reexported, and supplied, directly and indirectly, goods and services
from the United States to Iran; and engaging in transactions for the
purpose of avoiding and evading the Iranian Transaction Sanctions
Regulations, including financing and facilitating transactions by
foreign persons where such transactions are prohibited by United States
law, without having first obtained from the Department of the Treasury,
Office of Foreign Assets Control, the required license or written
authorization. As noted in his plea agreement, Mr. Moshir- Fatemi
agreed to the imposition of a ten-year Denial Order in exchange for an
agreement by BIS to not pursue administrative action against him. As a
result of his conviction, the Court sentenced Moshir-Fatemi to 12
months and one day imprisonment, three years of supervised release, a
$100 assessment and a fine of $50,000.
Pursuant to Section 1760(e) of the Export Control Reform Act
(``ECRA''),\1\ the export privileges of any person who has been
convicted of certain offenses, including, but not limited to, IEEPA,
may be denied for a period of up to ten (10) years from the date of
his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). In addition,
any Bureau of Industry and Security (BIS) licenses or other
authorizations issued under ECRA, in which the person had an interest
at the time of the conviction, may be revoked. Id.
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\1\ ECRA was enacted on August 13, 2018, as part of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 and,
as amended, is codified at 50 U.S.C. 4801-4852.
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BIS received notice of Moshir-Fatemi's conviction for violating
IEEPA, and has provided notice and opportunity for Moshir-Fatemi to
make a written submission to BIS, as provided in Section 766.25 of the
Export Administration Regulations (``EAR'' or the ``Regulations''). 15
CFR 766.25.\2\ BIS has not received a written submission from Moshir-
Fatemi.
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\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR Parts 730-774 (2022).
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Based upon my review of the record and consultations with BIS's
Office of Exporter Services, including its Director, and the facts
available to BIS, I have decided to deny Moshir-Fatemi's export
privileges under the Regulations for a period of 10 years from the date
of Moshir-Fatemi's conviction. The Office of Exporter Services has also
decided to revoke any BIS-issued licenses in which
[[Page 41660]]
Moshir-Fatemi had an interest at the time of his conviction.\3\
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\3\ The Director, Office of Export Enforcement, is the
authorizing official for issuance of denial orders, pursuant to
recent amendments to the Regulations (85 FR 73411, November 18,
2020).
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Accordingly, it is hereby Ordered:
First, from the date of this Order until January 28, 2031, Hassan
Ali Moshir-Fatemi, with a last known address of, 290 Summit Road,
Watsonville, CA 95076, and when acting for or on his behalf, his
successors, assigns, employees, agents or representatives (``the Denied
Person''), may not directly or indirectly participate in any way in any
transaction involving any commodity, software or technology
(hereinafter collectively referred to as ``item'') exported or to be
exported from the United States that is subject to the Regulations,
including, but not limited to:
A. Applying for, obtaining, or using any license, license
exception, or export control document;
B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the Regulations, or engaging 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 from any other activity subject to the Regulations.
Second, no person may, directly or indirectly, do any of the
following:
A. Export, reexport, or transfer (in-country) to or on behalf of
the Denied Person any item subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Denied Person of the ownership, possession, or
control of any item subject to the Regulations that has been or will be
exported from the United States, including financing or other support
activities related to a transaction whereby the Denied Person acquires
or attempts to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the Denied Person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from the Denied Person in the United States any item
subject to the Regulations with knowledge or reason to know that the
item will be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the
Regulations that has been or will be exported from the United States
and which is owned, possessed or controlled by the Denied Person, or
service any item, of whatever origin, that is owned, possessed or
controlled by the Denied Person if such service involves the use of any
item subject to the Regulations that has been or will be exported from
the United States. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification or testing.
Third, pursuant to Section 1760(e) of the Export Control Reform Act
(50 U.S.C. 4819(e)) and Sections 766.23 and 766.25 of the Regulations,
any other person, firm, corporation, or business organization related
to Moshir-Fatemi by ownership, control, position of responsibility,
affiliation, or other connection in the conduct of trade or business
may also be made subject to the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of the Regulations, Moshir-
Fatemi may file an appeal of this Order with the Under Secretary of
Commerce for Industry and Security. The appeal must be filed within 45
days from the date of this Order and must comply with the provisions of
Part 756 of the Regulations.
Fifth, a copy of this Order shall be delivered to Moshir-Fatemi and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 28, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-14936 Filed 7-12-22; 8:45 am]
BILLING CODE 3510-DT-P
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