The Court of the District of Columbia, in the United States, granted the request presented last Thursday (20) by the local public prosecutor and ordered the seizure of the Boeing 747-300M which arrived in Argentina in June of this year, operating for EMTRASU. , the cargo subsidiary of the Venezuelan airline Conviasa.
As AEROIN reported last week, the Court upheld the action, based on a joint investigation by the FBI and the Commerce Department, for the illegal transfer of the aircraft registration YV-3531 and the serial 23413 (an asset under its jurisdiction subject to US export controls) registered in the name of an Iranian sanctioned entity (Mahan Air) to a third party (Conviasa) without US government authorization.
The transfer, according to the lawsuit, conflicts with a temporary denial order (TDO) against Mahan Air for incorporating six US-origin aircraft without US government authorization. The TDO, in its successive renewals – the latest in May 2022 – prohibits Mahan Air (or anyone directly or indirectly linked to the Iranian operator) from participating in transactions related to these aircraft.
The investigation proves that in October 2021, Mahan Air transferred the aircraft in question to Emtrasur through a company in the United Arab Emirates, Lance Tech General Trading LLC, after paying 8 million euros.
According to Aviacionline, the court order is actually an arrest. in rem: the confiscation of the property, regardless of the legal actions brought against the natural or legal persons involved in the action which motivates the intervention of justice.
In addition to the outcome of the investigation and the determination of the responsibilities of Mahan Air, Lance Tech General Trading and EMTRASUR/Conviasa, the court order seeks to extinguish the ownership of the aircraft and allow the courts to determine the next steps to be taken. this regard, without any of the parties concerned being able to appeal to block these steps.