The Bureau of Industry and Security (“BIS””) issued an order today denying the appeal of U.K.-based Galaxy Aviation Trade Company Ltd of a Temporary Denial Order (“TDO”) without mentioning or responding to the grounds asserted by Galaxy for its appeal, although I suppose it’s possible that the Galaxy appeal was a procedurally inappropriate notice of appeal which asserted no specific grounds in support of the appeal.

Even so, the case in support of the TDO against, as set forth in the Administrative Law Judge’s Recommended Decision and Order upon which BIS relies, is several pebbles short of being rock solid. According to that decision, BIS presented evidence of contract of sale for the aircraft between Ankair and one Sam David Mahjoobi. Corporate records for Galaxy listed Mahjoobi as an officer of Galaxy. Additionally, one of Galaxy’s three shareholders has an address in the same building as Iran Air’s headquarters in Tehran. Another of the three shareholders had an office address in Tehran. Finally, the CEO of Act Air, which once owned the airplane, told a third party, who subsequently spoke to BIS, that the airplane in question was to be sold to Galaxy. The only direct evidence of Galaxy’s involvement is hearsay evidence from someone not necessarily even in a position to know that the sale was to Galaxy. The remaining evidence is suggestive but far from conclusive.

Two interesting things, however, emerge from the ALJ’s decision. First, BIS was using an Iranian “plane spotting” website to track the 747 in question and to confirm its delivery in Iran. (“Plane spotting” sites are sites where individuals can upload photographs of airplanes they have taken at various airports, usually with the tail identification number of the aircraft visible in the photograph). Second, BIS believes that there are two more 747s on their way to Iran Air.

Whaddya wanna bet that the Iranian plane spotting website, er, disappears?

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