[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR127.11]

[Page 503]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 127_VIOLATIONS AND PENALTIES--Table of Contents
 
Sec. 127.11  Past violations.

    (a) Pursuant to section 38 of the Arms Export Control Act, licenses 
or other approvals may not be granted to persons who have been convicted 
of violating any of the U.S. criminal statutes enumerated in Sec. 
120.27 of this subchapter or who are ineligible to receive any export 
licenses from any agency of the U.S. government, subject to a narrowly 
defined statutory exception. This provision establishes a presumption of 
denial for licenses or other approvals involving such persons. This 
presumption is applied by the Office of Defense Trade Controls to all 
persons convicted or deemed ineligible in this manner since the 
effective date of the Arms Export Control Act (Pub. L. 94-329; 90 Stat. 
729) (June 30, 1976).
    (b) Policy. An exception to the policy of the Department of State to 
deny applications for licenses or other approvals that involve persons 
described in paragraph (a) of this section shall not be considered 
unless there are extraordinary circumstances surrounding the conviction 
or ineligibility to export, and only if the applicant demonstrates, to 
the satisfaction of the Bureau of Politico-Military Affairs, that the 
applicant has taken appropriate steps to mitigate any law enforcement 
and other legitimate concerns, and to deal with the causes that resulted 
in the conviction, ineligibility, or debarment. Any person described in 
paragraph (a) of this section who wishes to request consideration of any 
application must explain, in a letter to the Director, Office of Defense 
Trade Controls, the reasons why the application should be considered. If 
the Bureau of Politico-Military Affairs concludes that the application 
and written explanation have sufficient merit, it shall consult with the 
Office of the Legal Adviser and the Department of the Treasury regarding 
law enforcement concerns, and may also request the views of other 
departments, including the Department of Justice. If the Office of 
Defense Trade Controls does grant the license or other approval, 
subsequent applications from the same person need not repeat the 
information previously provided but should instead refer to the 
favorable decision.
    (c) Debarred persons. Persons debarred pursuant to Sec. 127.6(c) 
(statutory debarment) may not utilize the procedures provided by this 
section while the debarment is in force. Such persons may utilize only 
the procedures provided by Sec. 127.7(d) of this part.