[Federal Register: September 3, 2003 (Volume 68, Number 170)]
[Notices]
[Page 52436-52437]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se03-89]
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DEPARTMENT OF STATE
[Public Notice 4465]
Bureau of Political-Military Affairs; Statutory Debarment Under
the International Traffic in Arms Regulations
AGENCY: Department of State.
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 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) 633-2700.
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 a person, or any party to
the export, who has been convicted of violating certain U.S. criminal
statutes, including the AECA.
In implementing this section of the AECA, the Assistant Secretary
of State 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
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 court of the United States, 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 of State for Political-Military Affairs based upon the
underlying nature of the violations, but will normally be three years
from the date of conviction. Please note however, that unless licensing
privileges are reinstated, the person/entity will remain debarred. 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 and in accordance with section 127.11(b)
of the ITAR.
Department of State policy permits debarred persons to apply to the
Director of the Office of Defense Trade Controls Compliance for an
exception from the period of debarment, in accordance with section
38(g)(4) of the AECA and section 127.11(b) of the ITAR. Any decision to
grant an exception can be made only after the statutory requirements
under section 38(g)(4) of the AECA have been satisfied. If the
exception is granted, the debarment will be suspended.
Debarred persons are generally ineligible to participate in
activity regulated under the ITAR (see e.g., sections 120.1(c) and (d),
126.7, 127.1(c), and 127.11(a)). The Department of State will not
consider applications for licenses or requests for approvals that
involve any person or any party to the export who has been convicted of
violating or 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 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).
Pursuant to section 38 of the AECA and section 127.7 of the ITAR,
the following persons have been statutorily debarred by the Assistant
Secretary of State for Political-Military Affairs for a period of three
years following their AECA conviction:
(1) Saeed Homayouni, June 11, 2001 (entry date of June 14, 2001),
U.S. District Court, Southern District of California (San Diego),
Docket 00-CR-3843-ALL.
(2) Quality Aviation & Power Support, Inc., August 21, 2001 (entry
date of August 27, 2001), U.S. District Court for the Central District
of California (Western Division), Docket 2:00-CR-787.
(3) Earlene L. Christensen aka Earlene Larson Christenson aka
Earlene Larson, August 21, 2002 (entry date August 27, 2002), Central
District of California, (Western Division), Docket 2:00-CR-
787.
(4) Richard Kelly Smyth, December 28, 2001 (entry date of January
8, 2002), U.S. District Court, Central District of California (Western
Division), Docket 85-CR-483-ALL.
(5) Diaa Mohsen, November 16, 2001 (entry date November 20, 2001),
U.S. District Court, Southern District of Florida (West Palm Beach),
Docket 01-CR-8087-ALL.
(6) Jonathan Reynolds, September 28, 2000 (entry date October 2,
2000), U.S. District Court, District of Massachusetts (Boston), Docket
00-CR-10267-ALL.
(7) Fadi Boutros, aka Fadi E. Sitto, aka Fadi Jirjis, aka Fred
Boutros, February 11, 1999 (entry date February 17, 1999), U.S.
District Court, District of Connecticut (New Haven), Docket
3:99-CR-19.
(8) Paul Siroky, October 5, 2000 (entry date October 6, 2000), U.S.
District Court, Central District of California (Western Division),
Docket 2:00-CR-884.
(9) Steven Picatti, October 19, 1998 (entry date November 18,
1998), U.S. District Court, Central District of California (Western
Division), Docket 2:98-CR-860.
(10) Peter Appelbaum, August 18, 1999 (entry date August 24, 1999),
U.S. District Court, Southern District of Florida (Miami), Docket
99-CR-530-ALL.
(11) Bing Sun, August 1, 2000 (entry date August 2, 2000), U.S.
District Court, Eastern District of Virginia (Norfolk), Docket
2:00-CR-28.
(12) Patte Sun, August 1, 2000 (entry date August 2, 2000), U.S.
District Court, Eastern District of Virginia (Norfolk), Docket
2:00-CR-28.
(13) All Ports Inc., August 1, 2000 (entry date August 2, 2000),
U.S. District Court, Eastern District of Virginia (Norfolk), Docket
2:00-CR-28.
(14) Beta Trading Company, August 28, 1998 (entry date September 1,
1998), U.S. District Court, District of South Carolina (Charleston),
Docket 98-CR-332-ALL.
(15) Genaro Lopez-Gonsales, October 5, 1999 (entry date October 19,
1999), U.S. District Court, Southern District of Texas (McAllen),
Docket 99-CR-434-ALL.
(16) Octabio Merida Gonzalez, July 1, 1998 (entry date July 8,
1998), U.S. District Court, Southern District of
[[Page 52437]]
Texas (Brownsville), Docket 98-CR-255-ALL.
(17) Collin Xu, aka Collin Shu, aka Zhihong Xu, November 9, 2000
(entry date November 15, 2000), U.S. District Court, District of
Massachusetts (Boston), Docket 99-CR-10075-ALL.
(18) Yi Yao, aka Yao Yi, February 2, 2000 (entry date February 8,
2000), U.S. District Court of Massachusetts (Boston), Docket
99-CR-10075-ALL.
(19) Mariano Recinos-Rivera, June 5, 2000 (entry date June 20,
2000), U.S. District Court, Southern District of Texas (McAllen),
Docket 00-CR-218-ALL.
(20) Gunther Kohlke, February 27, 2002 (entry date March 1, 2002),
U.S. District Court, District of New York (Brooklyn), Docket
01-CR-738-ALL.
(21) Eugene Yon-Tsai Hsu, April 30, 2002 (entry date May 5, 2002),
U.S. District Court, District of Maryland (Baltimore), Docket
01-CR-485-ALL.
(22) David Tzuwei Yang, April 30, 2002 (entry date May 5, 2002),
U.S. District Court, District of Maryland (Baltimore), Docket
01-CR-485-ALL.
(23) Dennis Ritiche Jones, March 23, 1999 (entry date March 26,
1999), U.S. District Court, District of Arizona, Docket CR-
99-346-01.
(24) Carlos Fernando Chirinos, September 13, 2002 (entry date
September 17, 2002), U.S. District Court, District of Arizona, Docket
02-20605-CR.
(25) Daniel Jose Uribazo, August 29, 2002 (entry date August 30,
2002), U.S. District Court, District of Arizona, Docket 02-
20605-CR.
(26) Maximo de los Santos, November 18, 1999 (entry date November
19, 1999), U.S. District Court, District of Hawaii, Docket
1:99CR00426-001.
(27) Jesse Radona Ponce, November 18, 1999 (entry date November 19,
1999), U.S. District Court, District of Hawaii, Docket
1:99CR00426-001.
(28) Jesus Pascual Domingo, April 6, 2000 (entry date April 6,
2000), U.S. District Court, District of Hawaii, Docket
1:99CR00426-001.
(29) Paul Guzman, November 22, 1999 (entry date November 24, 1999),
U.S. District Court, District of Hawaii, Docket 1:99CR00426-
001.
As noted above, at the end of the three-year period, the above-
named persons/entities will remain debarred unless licensing privileges
are reinstated.
This notice is provided in order to make 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 or defense
services, including technical data, in all situations covered by the
ITAR. Specific case information may be obtained from the Office of the
Clerk of Court for each respective US District Court, citing the court
docket number where provided.
Exceptions may be made to this denial policy on a case-by-case
basis at the discretion of the Directorate of Defense Trade Controls
pursuant to 22 CFR 126.3. 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 interest;
whether an exception would further law enforcement concerns which are
consistent with the foreign policy or national security interests of
the United States; or whether other compelling circumstances exist
which are consistent with the foreign policy or national security
interests of the United States, and which do not conflict with law
enforcement concerns.
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 affair function is discretionary, it is
excluded from review under the Administrative Procedure Act.
Dated: August 19, 2003.
Rose M. Likins,
Principal Deputy Assistant Secretary, Bureau of Political-Military
Affairs, Department of State.
[FR Doc. 03-22418 Filed 9-2-03; 8:45 am]
BILLING CODE 4710-25-P