Daily Rules, Proposed Rules, and Notices of the Federal Government
On July 6, 2011, in the U.S. District Court, Central District of California, Jirair Avanessian, a/k/a Jirair Hijiabadi Avanessian, a/k/a Jirair H. Avanessian, a/k/a Jerry Avanessian, and a/k/a Jerry Avanes ("Avanessian") was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701,
Section 766.25 of the Export Administration Regulations ("EAR" or "Regulations")
I have received notice of Avanessian's conviction for violating IEEPA, and have provided notice and an opportunity for Avanessian to make a written submission to BIS, as provided in Section 766.25 of the Regulations. I have not received a submission from Avanessian. Based upon my review and consultations with BIS's Office of Export Enforcement, including its Director, and the facts available to BIS, I have decided to deny Avanessian's export privileges under the Regulations for a period of 10 years from the date of Avanessian's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Avanessian had an interest at the time of his conviction.
Accordingly, it is hereby
I. Until July 6, 2021, Jirair Avanessian, a/k/a Jirair Hijiabadi Avanessian, a/k/a Jirair H. Avanessian, a/k/a Jerry Avanessian, and a/k/a Jerry Avanes, with a last known address at: 1156 Winchester Avenue, Glendale, CA 91201, and when acting for or on behalf of Avanessian, his representatives, assigns, agents or employees (the "Denied Person"), may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as "item") exported or to be exported from the United States that is subject to the Regulations, including, but not limited to:
A. Applying for, obtaining, or using any license, License Exception, or export control document;
B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations; or
C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations.
II. No person may, directly or indirectly, do any of the following:
A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States;
D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing.
III. After notice and opportunity for comment as provided in Section 766.23 of the Regulations, any other person, firm, corporation, or business organization related to Avanessian by affiliation, ownership, control or position of responsibility in the conduct of trade or related services may also be subject to the provisions of this Order if necessary to prevent evasion of the Order.
IV. This Order does not prohibit any export, reexport, or other transaction subject to the Regulations where the only items involved that are subject to the Regulations are the foreign-produced direct product of U.S.-origin technology.
V. This Order is effective immediately and shall remain in effect until July 6, 2021.
VI. In accordance with Part 756 of the Regulations, Avanessian may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of Part 756 of the Regulations.
VII. A copy of this Order shall be delivered to the Avanessian. This Order shall be published in the