[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28113-28114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10843]
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DEPARTMENT OF STATE
[Public Notice: 9550]
Bureau of Political-Military Affairs; Modification of Statutory
Debarment Imposed Pursuant to Section 127.7(c) of the International
Traffic in Arms Regulations--Rocky Mountain Instrument Company
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Department of State will
consider license applications for the indirect participation of Rocky
Mountain Instrument Company (``RMI'') in certain transactions subject
to the Arms Export Control Act (AECA) (22 U.S.C 2778) without the
submission of a transaction exception request as an element of the
application.
DATES: This notice is effective on May 9, 2016.
FOR FURTHER INFORMATION CONTACT: Sue Gainor, Director, Office of
Defense Trade Controls Compliance, Bureau of Political-Military
Affairs, U.S. Department of State (202) 632-2785.
SUPPLEMENTARY INFORMATION: On September 8, 2010, the Department
notified the public of a statutory debarment imposed on RMI pursuant to
ITAR Sec. 127.7(c) related to RMI's criminal conviction, 75 FR 54692.
The notice provided that RMI is ``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.'' Further, the notice provided
that:
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.
Notwithstanding the prohibition on indirect participation
referenced in the original notice of statutory debarment, and in
conformance with the stated policy and procedures regarding transaction
exceptions, based on overriding national security and foreign policy
concerns and after a thorough review of the circumstances surrounding
the conviction and a finding that appropriate steps have been taken to
mitigate law enforcement concerns, the Under Secretary for Arms Control
and International Security has determined to approve specific
exceptions from the debarment of RMI, available to persons other than
RMI but excluding persons acting for or on behalf of RMI in
contravention of ITAR Sec. 127.1(d), for the following categories of
authorization requests:
1. Applications submitted by persons other than RMI for the export
or
[[Page 28114]]
temporary import of defense articles manufactured by RMI (i.e., where
RMI is identified as a Source or Manufacturer);
2. Application submitted by persons other than RMI for the export
or temporary import of defense articles manufactured by persons other
than RMI which incorporate a defense article manufactured by RMI as a
component, accessory, attachment, part, firmware, software, or system;
3. The use of other approvals (see ITAR Sec. 120.20) by persons
other than RMI for the export or temporary import of defense articles
described in categories one (1) and two (2) above; and
4. Applications submitted by persons other than RMI for agreements
identified in ITAR Part 124 in which RMI is identified as a U.S.
signatory to the agreement.
All requests for authorizations, or use of exemptions, involving
RMI that fall within the scope of the specific categories above will be
reviewed and action taken by the Directorate of Defense Trade Controls
in the ordinary course of business and do not require the submission of
a separate transaction exception request, but should include reference
to, or a copy of, this notice. Including an explanation of how the
proposed transaction falls within the scope of an exception category
above will facilitate review of the request.
All requests for authorizations involving RMI that do not fall
within the scope of the specific categories above must be preceded by
the approval of a transaction exception request by the Department. The
decision to grant a transaction exception will be made on a case-by-
case basis after a full review of all circumstances.
This notice does not provide notice of reinstatement of export
privileges for RMI pursuant to the statutory requirements of AECA Sec.
38(g)(4) (22 U.S.C. 2778), nor does this notice provide notice of
rescission of the imposition of statutory debarment of RMI pursuant to
ITAR Sec. 127.7(c). As required by the statute, the Department will
not consider applications from RMI unless accompanied by a specific
transaction exception request. Any determination by the Department
regarding reinstatement of export privileges for RMI or rescission of
the imposition of statutory debarment of RMI will be made in accordance
with statutory and regulatory requirements and will be the subject of a
separate notice.
Dated: April 25, 2016.
Rose E. Gottemoeller,
Under Secretary, Arms Control and International Security, Department of
State.
[FR Doc. 2016-10843 Filed 5-6-16; 8:45 am]
BILLING CODE 4710-25-P