[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Notices]
[Pages 57349-57350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19642]
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DEPARTMENT OF STATE
[Public Notice 5196]
Bureau of Political-Military Affairs; Statutory Debarment Under
the International Traffic in Arms Regulations
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Department of State has
imposed statutory debarment pursuant to Section 127.7(c) of the
International Traffic in Arms Regulations (``ITAR'') (22 CFR Parts 120
to 130) on persons convicted of violating or conspiring to violate
Section 38 of the Arms Export Control Act (``AECA'') (22 U.S.C. 2778).
EFFECTIVE DATE: Date of conviction as specified for each person.
FOR FURTHER INFORMATION CONTACT: David Trimble, Director, Office of
Defense Trade Controls Compliance, Bureau of Political-Military
Affairs, Department of State (202) 663-2700.
SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA, 22 U.S.C.
2778, prohibits licenses and other approvals for the export of defense
articles or defense services to be issued to persons, or any party to
the export, who have been convicted of violating certain statutes,
including the AECA.
In implementing this section of the AECA, the Assistant Secretary
for Political-Military Affairs is authorized by Section 127.7 of the
ITAR to prohibit any person who has been convicted of violating or
conspiring to violate the AECA from participating directly or
indirectly in the export of defense articles, including technical data
or in the furnishing of defense services for which a license or other
approval is required. This prohibition is referred to as ``statutory
debarment.''
Statutory debarment is based solely upon conviction in a criminal
proceeding, conducted by a United States Court, and as such the
administrative debarment proceedings outlined in Part 128 of the ITAR
are not applicable.
The period for debarment will be determined by the Assistant
Secretary for Political-Military Affairs based on the underlying nature
of the violations, but will generally be for three years from the date
of conviction. At the end of the debarment period, licensing privileges
may be reinstated only at the request of the debarred person following
the necessary interagency consultations, after a thorough review of the
circumstances surrounding the conviction, and a finding that
appropriate steps have been taken to mitigate any law enforcement
concerns, as required by Section 38(g)(4) of the AECA. It should be
noted, however, that unless licensing privileges are reinstated, the
person remains debarred.
Department of State policy permits debarred persons to apply to the
Director of Defense Trade Controls Compliance for reinstatement
beginning one year after the date of the debarment, in accordance with
Section 38(g)(4) of the AECA and Section 127.11(b) of the ITAR. Any
decision to grant reinstatement can be made only after the statutory
requirements under Section 38(g)(4) of the AECA have been satisfied.
Exceptions, also known as transaction exceptions, may be made to
this debarment determination on a case-by-base basis at the discretion
of the Directorate of Defense Trade Controls. However, such an
exception would be granted only after a full review of all
circumstances, paying particular attention to the following factors:
Whether an exception is warranted by overriding U.S. foreign policy or
national security interests; whether an exception would further law
enforcement concerns that are consistent with the foreign policy or
national security interests of the United States; or whether other
compelling circumstances exist that are consistent with the foreign
policy or national security interests of the United States, and that do
not conflict with law enforcement concerns. Even if exceptions are
granted, the debarment continues until subsequent reinstatement.
Pursuant to Section 38 of the AECA and Section 127.7 of the ITAR,
the Assistant Secretary of State for Political-Military Affairs has
statutorily debarred the following persons for a period of three years
following the date of their AECA conviction:
(1) Equipment & Supply, Inc., August 6, 2004, U.S. District Court,
Eastern District of Wisconsin (Milwaukee), Case 02-Cr-262.
(2) Klaus Ernst Buhler, June 21, 2003, U.S. District Court, Middle
District of Florida (Jacksonville), Case : 3:02-Cr-13-J-12TEM.
(3) Rotair Industries, Inc., July 29, 2004, U.S. District Court,
District of Connecticut (New Haven), Case : 3:04Cr 149 JBA.
As noted above, at the end of the three-year period, the above
named persons/entities remain debarred unless licensing privileges are
reinstated.
Debarred persons are generally ineligible to participate in
activity regulated under the ITAR (see e.g., sections 120.1(c) and (d),
and 127.11(a)). The Department of State will not consider applications
for licenses or requests for approvals that involve any person who has
been convicted of violating or of conspiring to violate the AECA during
the period of statutory debarment. Persons who have been statutorily
debarred may appeal to the Under Secretary for Arms Control and
International Security for
[[Page 57350]]
reconsideration of the ineligibility determination. A request for
reconsideration must be submitted in writing within 30 days after a
person has been informed of the adverse decision, in accordance with 22
CFR 127.7(d) and 128.13(a).
This notice is provided for purposes of making the public aware
that the persons listed above are prohibited from participating
directly or indirectly in any brokering activities and in any export
from or temporary import into the United States of defense articles,
related technical data, or defense services in all situations covered
by the ITAR. Specific case information may be obtained from the Office
of the Clerk for the U.S. District Courts mentioned above and by citing
the court case number where provided.
This notice involves a foreign affairs function of the United
States encompassed within the meaning of the military and foreign
affairs exclusion of the Administrative Procedure Act. Because the
exercise of this foreign affairs function is discretionary, it is
excluded from review under the Administrative Procedure Act.
Dated: September 22, 2005.
Rose M. Likins,
Acting Assistant Secretary for Political-Military Affairs, Department
of State.
[FR Doc. 05-19642 Filed 9-29-05; 8:45 am]
BILLING CODE 4710-25-P