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20 November 2006
[Federal Register: November 20, 2006 (Volume 71, Number 223)]
[Notices]
[Page 67191-67192]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no06-108]
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DEPARTMENT OF STATE
[Public Notice 5617]
Bureau of Political-Military Affairs; Statutory Debarment Under
the Arms Export Control Act and the International Traffic in Arms
Regulations
ACTION: Notice.
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SUMMARY: Notice is hereby given that persons convicted of violating or
conspiring to violate Section 38 of the Arms Export Control Act, as
amended, (``AECA'') (22 U.S.C. 2778) are statutorily debarred pursuant
to Section 38(g)(4) of the AECA and Section 127.7(c) of the
International Traffic in Arms Regulations (``ITAR'') (22 CFR parts 120
to 130).
DATES: 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(g)(4), prohibits the Department of State from issuing licenses or
other approvals for the export of defense articles or defense services
to be issued where the applicant or any party to the export, has been
convicted of violating certain statutes, including the AECA. 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. At the end of the debarment period, 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, in
accordance with Section 38(g)(4) of the AECA. 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 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 following the
date of their AECA conviction:
[[Page 67192]]
(1) Victor Moscoso, July 26, 2002, U.S. District Court, Southern
District of Florida (Miami), Case : 01-966-CR-SEITZ/001.
(2) Romolo Martinez, February 5, 2004, U.S. District Court,
Southern District of Florida (Miami), Case : 1:02-20923-001-
CR-MOORE.
(3) Stephen Jorgensen, January 15, 2001, U.S. District Court,
Southern District of Florida (Miami), Case : 1:00CR00998-001.
(4) Gerald Morey, August 11, 2003, U.S. District Court, Southern
District of Florida (Miami), Case : 1:02-20923-001-CR-MOORE.
(5) Ziad Jamil Gammoh (a.k.a. Al Gammoh; a.k.a. Jamil Gammoh;
a.k.a. Ziad Al Gammoh; a.k.a. Ziad Al J Gammoh; a.k.a. Ziad Jamil
Salem, Gammoh; a.k.a. Ziad Al J Gammon; a.k.a. Ziad Al Jamil; a.k.a, Al
Jamil Ziad), November 7, 2005, U.S. District Court, Central District of
California, Case : SA CR04-97 DOC.
(6) Naji Antoine Abi Khalil, February 2, 2006, U.S. District Court,
Eastern District of Arkansas, Case 4:05CR00200-01,
(7) Martin Armando Arredondo-Meza, January 25, 2006, U.S. District
Court Southern District of Texas, Case : 7:05CR00754-001.
(8) Tomer Grinberg, April 24, 2006, U.S. District Court, Southern
District of New York (Foley Square), Case 04cr573-02,
(9) Kwan Chun Chan (a.k.a. Jenny Chan), May 4, 2006, U.S. District
Court District of New Jersey, Case 05-660-01.
(10) Xiu Ling Chen (a.k.a. Linda Chen), May 4, 2006, U.S. District
Court District of New Jersey, Case 05-659-01.
(11) Hao Li Chen (a.k.a. Ali Chan), May 4, 2006, U.S. District
Court, District of New Jersey, Case 05-658-01.
(12) Xu Weibo (a.k.a. Kevin Xu), May 4, 2006, U.S. District Court,
District of New Jersey, Case 05-657-01.
(13) George Charles Budenz, II, July 17, 2006, U.S. District Court,
Southern District of California, Case 05CR01863-LAB.
(14) Richard Tobey, June 26, 2006, U.S. District Court, Southern
District of California, Case 05CR1462-LAB.
(15) Kellen Lamon Johnson, June 1, 2006, U.S. District Court,
District of Montana, Case CR 05-170-GF-SHE-03.
(16) Dwain Rouse, June 12, 2006, U.S. District Court, District of
Montana, Case CR 05-170-GF-SHE-01.
(17) Erika Jardine (a.k.a. Eriklynn Pattie Jardine; a.k.a. Erika
Pattie Jardine), February 22, 2006, U.S. District Court, Eastern
District of Pennsylvania, Case CR-2005-446.
(18) Kal Nelson Aviation, Inc., August 9, 2006, U.S. District
Court, Central, District of California, Case CR05-1158.
(19) Ko-Suen Moo, July 24, 2006, U.S. District Court, Southern
District of, Florida, Case 06-200006-CR-GRAHAM.
(20) Michael P. Murphy Surplus Materials Inc., May 16, 2006, U.S.
District, Court, Southern District of California, Case
06CR0209-BTM.
As noted above, at the end of the three-year period following the
date of conviction, 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),
127.1(c) and 127.11(a)). Also, under Section 127.1(c) of the ITAR, any
person who has knowledge that an other persons is subject to debarment
or is otherwise ineligible may not, without disclosure to and written
approve from the Directorate of Defense Trade Controls, participate,
directly or indirectly, in any export in which such ineligible person
may benefit therefrom or in which he has a direct or indirect interest.
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 2, 2006.
Stephen D. Mull,
Acting Assistant Secretary for Political-Military Affairs, Department
of State.
[FR Doc. E6-19609 Filed 11-17-06; 8:45 am]
BILLING CODE 4710-25-P