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NoticeE8-237262008-10-09

Galaxy Aviation Trade Co. Ltd., et al.; Final Decision and Order

Commerce Department, Industry and Security Bureau

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Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce Bureau of Industry and Security This matter is before me upon a Recommended Decision and Order of the Administrative Law Judge (“AU”) issued on September 16, 2008. On August 27, 2008, the Appellants, Galaxy Aviation Trade Company Ltd, Hooshang Seddigh, Hamid Shakeri Hendi and Hossein Jahan Peyma (“Galaxy”), filed with the U.S. Coast Guard's Administrative Law Judge Docketing Center an appeal of a temporary denial order (“TDO”) issued by the Assistant Secretary for Export Enforcement on June 6, 2008, pursuant to section 766.24 of the Export Administration Regulations (“Regulations”). [ 1 ] The relevant facts are as follows. The Bureau of Industry and Security's (BIS) Office of Export Enforcement had obtained information that a Boeing 747 aircraft was about to be re-exported to Iran without the proper U.S. Government authorization. Based on the information before him, the Assistant Secretary issued an exparte Order on June 6, 2008, temporarily denying for 180 days the export privileges of Galaxy, as well as Iran Air (of Tehran, Iran), and Ankair (of Istanbul, Turkey), in accordance with Section 766.24 of the Regulations. The Order was published in the Federal Register on June 17, 2008 ( 73 FR 34249 ). On July 10, 2008, the Assistant Secretary issued a modified Order that expanded the scope of the denial as to Ankair, but did not modify the TDO as to Galaxy or Iran Air. The modified Order was likewise publish

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Citation: 73 FR 59599