[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Notices]
[Pages 70805-70807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29470]
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DEPARTMENT OF STATE
[Public Notice 7685]
Bureau of Political-Military Affairs; Statutory Debarment Under
the Arms Export Control Act and the International Traffic in Arms
Regulations
ACTION: Notice; Notice of Correction.
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SUMMARY: Notice is hereby given that the Department of State has
imposed statutory debarment pursuant to Sec. 127.7(c) of the
International Traffic in Arms Regulations (``ITAR'') (22 CFR parts 120
to 130) on persons convicted of violating or attempting to violate
Section 38 of the Arms Export Control Act, as amended, (``AECA'') (22
U.S.C. 2778). Further, a public notice was published in the Federal
Register on Tuesday, November 2, 1993, listing persons statutorily
debarred pursuant to the ITAR; this notice makes one correction to that
notice.
DATES: Effective Date: The effective date is the date of this notice.
FOR FURTHER INFORMATION CONTACT: Lisa Aguirre, Director, Office of
Defense Trade Controls Compliance, Bureau of
[[Page 70806]]
Political-Military Affairs, Department of State (202) 632-2798.
SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA, 22 U.S.C.
2778(g)(4), prohibits the Department of State from issuing licenses or
other approvals for the export of defense articles or defense services
where the applicant, or any party to the export, has been convicted of
violating certain statutes, including the AECA. The statute permits
limited exceptions to be made on a case-by-case basis. In implementing
this provision, Section 127.7 of the ITAR provides for ``statutory
debarment'' of any person who has been convicted of violating or
conspiring to violate the AECA. Persons subject to statutory debarment
are prohibited 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.
Statutory debarment is based solely upon conviction in a criminal
proceeding, conducted by a United States Court, and as such the
administrative debarment procedures 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. Export privileges may be reinstated only at the request
of the debarred person followed by 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. Unless export privileges are reinstated, however, the
person remains debarred.
Department of State policy permits debarred persons to apply to the
Director, Office of Defense Trade Controls Compliance, for
reinstatement beginning one year after the date of the debarment. Any
decision to grant reinstatement can be made only after the statutory
requirements of 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-case basis at the discretion
of the Assistant Secretary of State for Political-Military Affairs,
after consulting with the appropriate U.S. agencies. 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(g)(4) of the AECA and Section 127.7(c) of
the ITAR, the following persons are statutorily debarred as of the date
of this notice (Name; Date of Conviction; District; Case No.; Month/
Year of Birth):
(1) Heriberto Alanis-Ortiz; September 11, 2010; U.S. District
Court, Southern District of Texas; Case No. 7:10CR00178-S1-001; January
1978.
(2) Amen Ahmed Ali, (aka Ali Amen Alrowhani, Amin Al Rohany, Ameen
Alrohany); January 18, 2011; U.S. District Court, Eastern District of
California; Case No. 1:06CR00292-001; June 1950.
(3) Rogelio Barajas; February 15, 2011; U.S. District Court,
Northern District of Illinois; Case No. 09-CR-1058; August 1967.
(4) Brian William Barthrop; December 22, 2010; U.S. District Court,
District of Arizona; Case No. CR-09-00731-001-TUC-RRC (CRP); October
1946.
(5) Jesse Ivan Cantu; March 15, 2011; U.S. District Court, Southern
District of Texas; Case No. 1:10CR01201-002; December 1986.
(6) Charles Carper; October 20, 2010; U.S. District Court, District
of Hawaii; Case No. 1:08CR00655-002; May 1986.
(7) Isaac Cervantes-Sanchez; February 24, 2011; U.S. District
Court, Southern District of Texas; Case No. 7:10CR01331-S1-001; March
1981.
(8) Chitron Electronics, Inc.; February 9, 2011; U.S. District
Court, District of Massachusetts; Case No. 1:08-CR-10386-004-PBS .
(9) Lawrence Davis (aka Larry Davis); April 23, 2009; U.S. District
Court, Southern District of New York; Case No. 1:07-CR-1023-01(LAK);
July 1945.
(10) Gwendolyn Douglas (aka Gwen Douglas); April 14, 2009; U.S.
District Court, Southern District of New York; Case No. 07CR-1006;
March 1955.
(11) Cesar Augusto Flores-Demara; February 14, 2011; U.S. District
Court, District of Arizona; Case No. CR-10-01581-001-TUC-DCB(CRP);
February 1974.
(12) Ernesto Gonzalez-Reyes; October 4, 2010; U.S. District Court,
Southern District of Texas; Case No. 7:10CR00440-001; August 1961.
(13) Mythili Gopal; August 18, 2008; U.S. District Court, District
of the District of Columbia; Case No. CR 07-0292-01; June 1970.
(14) Noshir S. Gowadia; February 4, 2011; U.S. District Court,
District of Hawaii; Case No. 1:05CR00486-001; April 1944.
(15) Raul Gutierrez-Marroquin; February 17, 2011; U.S. District
Court, Southern District of Texas; Case No. 1:10CR01201-001; May 1988.
(16) Fidel Jesus Hernandez; November 23, 2010; U.S. District Court,
District of Arizona; Case No. CR-07-02111-002-TUC-DCB(CRP); February
1973.
(17) Boniface Ibe; July 12, 2011; U.S. District Court, District of
Maryland; Case No. DKC-8-11-CR-00097-001; June 1961.
(18) Gong Kim; January 25, 2011; U.S. District Court, District of
Oregon; Case No. CR-10-25-01-HA; August 1971.
(19) Mark Komoroski; July 29, 2010; U.S. District Court, Middle
District of Pennsylvania; Case No. 3:CR08-228; July 1962.
(20) Chi Tong Kuok, (aka Edison Kuok, Eddy Kuok, James Kuok, Yoko
Chong, Yoko Kawasaki); September 16, 2010; U.S. District Court,
Southern District of California; Case No. 09CR2581-BEN; March 1967.
(21) Jose Lara; January 27, 2011; U.S. District Court, Southern
District of Texas; Case No. 1:10CR00698-001; October 1983.
(22) Gregorio Larios, Jr.; March 17, 2011; U.S. District Court,
Southern District of Texas; Case No. 1:10CR00742-001; November 1980.
(23) Sergio Rafael Lopez-Medina; March 15, 2011; U.S. District
Court, Southern District of Texas; Case No. 1:10CR00699-002; August
1990.
(24) Xiaodong Sheldon Meng; June 24, 2008; U.S. District Court,
Northern District of California; Case No. CR-04-20216-001-JF; January
1964.
(25) Chanoch Miller; January 7, 2011; U.S. District Court, Southern
District of Florida; Case No. 0:10CR60177-COHN-2; December 1956.
(26) Jose Jesus Miramontes-Duarte; April 23, 2011; U.S. District
Court, Southern District of Texas; Case No. 7:09CR00339-002; May 1951.
(27) Abraham Molina-Barron; May 13, 2011; U.S. District Court,
District of Arizona; Case No. CR-10-02778-001-TUC-CKJ(HCE); December
1972.
(28) Jacques Monsieur; October 1, 2010; U.S. District Court,
Southern
[[Page 70807]]
District of Alabama; Case No. 09-00186-001-WS; March 1953.
(29) George Frank Myles Jr. (aka George Miles); November 10, 2008;
U.S. District Court, Southern District of Florida; Case No. 07-20930-
CR-UNGARO; September 1948.
(30) Emenike Charles Nwankwoala; January 6, 2011; U.S. District
Court, District of Maryland; Case No. PJM-8-10-CR-00179-001; October
1960.
(31) Andrew V. O'Donnell; August 1, 2011; U.S. District Court,
Northern District of Georgia; Case No. 1:10-CR-491-CAP; July 1997.
(32) Joseph O'Toole; December 14, 2010; U.S. District Court,
Southern District of Florida; Case No. 0:10CR60177-COHN-1; May 1931.
(33) Sergio Perez-Contreras; August 2, 2011; U.S. District Court,
Southern District of Texas; Case No. 7:09CR00339-001; March 1938
(34) Julio Cesar Ramirez; June 30, 2011; U.S. District Court,
Southern District of Texas; Case No. 7:11CR00288-001; July 1989.
(35) Julio Salazar-Galan; October 22, 2010; U.S. District Court,
Southern District of Texas; Case No. 1:10CR00400-001; July 1990.
(36) Juan Sauceda-Rangel; May 23, 2011; U.S. District Court,
Southern District of Texas; Case No. 7:10CR01794-001; May 1981.
(37) Christian Sepulveda-Ortiz; December 17, 2010; U.S. District
Court, District of Arizona; Case No. CR-10-02111-001-TUC-CKJ(DTF); June
1983.
(38) Parthasarathy Sudarshan; June 17, 2008; U.S. District Court,
District of the District of Columbia; Case No. CR 08-0037; June 1960.
(39) Paul Taylor; March 18, 2011; U.S. District Court, District of
Delaware; Case No. 09CR121-LPS; August 1966.
(40) Alain Teran; January 13, 2011; U.S. District Court, Southern
District of Texas; Case No. 1:10CR00699-001; June 1986.
(41) Eduardo Torres; November 4, 2010; U.S. District Court,
Southern District of Texas; Case No. 1:10CR00330-001; August 1980.
(42) Andrei Antonio Torres-Vasquez; November 15, 2010; U.S.
District Court, Southern District of Texas; Case No. 7:10CR01111-001;
December 1985.
(43) Stephanie Monique Townsend; August 24, 2010; U.S. District
Court, Southern District of California; Case No. 09CR4271-MMA; January
1989.
(44) Rolando Trevino; June 10, 2011; U.S. District Court, Southern
District of Texas; Case No. 7:10CR01793-001; August 1987.
(45) Universal Industries Limited, Inc.; August 22, 2011; U.S.
District Court, Southern District of Florida; Case No. 9:11-80058-CR-
MARRA-2.
(46) Yufeng Wei (aka Annie Wei); February 4, 2011; U.S. District
Court, District of Massachusetts; Case No. 1:08-CR-10386-002-PBS; April
1964.
(47) Zhen Zhou Wu (aka Alex Wu); January 27, 2011; U.S. District
Court, District of Massachusetts; Case No. 1:08-CR-10386-001-PBS; March
1964.
As noted above, at the end of the three-year period following the
date of this notice, the above named persons/entities remain debarred
unless export 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)). Also, under Section 127.1(c) of the ITAR, any person
who has knowledge that another person is subject to debarment or is
otherwise ineligible may not, without disclosure to and written
approval from the Directorate of Defense Trade Controls, participate,
directly or indirectly, in any export in which such ineligible person
may benefit there from or have a direct or indirect interest therein.
Further, Federal Register document 93-26888, published at 58 FR
58586, Tuesday, November 2, 1993, is corrected on page 58586, line 50
through line 57 to read as follows:
1. Tsutomu Iida, 333 8th Maloka-Cho Totsuka-Ku, Kokohama, Japan,
18 U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778), December 17,
1992, United States v. Japan Aviation Electronics Industry, Ltd., et
al., U.S. District Court, District of Columbia, Criminal Docket No.
91-516-10.
That notice of statutory debarment incorrectly identified the debarred
party as ``Tsotomu Ida.''
This notice is provided for purposes of making the public aware
that the persons listed above are prohibited from participating
directly or indirectly in activities regulated by the ITAR, including
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.
Dated: November 8, 2011.
Andrew J. Shapiro,
Assistant Secretary, Bureau of Political-Military Affairs, Department
of State.
[FR Doc. 2011-29470 Filed 11-14-11; 8:45 am]
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