Termination of Statutory Debarment and Reinstatement of Eligibility To Apply for Export/Retransfer Authorizations Pursuant to Section 38(g)(4) of the Arms Export Control Act for Orbit/FR, Inc., 53267 [05-17746]

Download as PDF Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices Epstein, Attorney-Adviser, Office of the Legal Adviser, Department of State, (telephone: (202) 453–8048). The address is Department of State, SA–44, 301 4th Street, SW., Room 700, Washington, DC 20547–0001. Dated: August 31, 2005. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. 05–17805 Filed 9–6–05; 8:45 am] BILLING CODE 4710–08–P DEPARTMENT OF STATE [Public Notice 5182] Termination of Statutory Debarment and Reinstatement of Eligibility To Apply for Export/Retransfer Authorizations Pursuant to Section 38(g)(4) of the Arms Export Control Act for Orbit/FR, Inc. ACTION: Notice. SUMMARY: Notice is hereby given that the Department of State has terminated the statutory debarment against Orbit/ FR, Inc. pursuant to Section 38(g)(4) of the Arms Export Control Act (AECA) (22 U.S.C. 2778) and § 127.11 of the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120– 130). EFFECTIVE DATE: August 29, 2005. FOR FURTHER INFORMATION CONTACT: David C. Trimble, Director, Office of Defense Trade Controls Compliance, Directorate of Defense Trade Controls, Bureau of Political-Military Affairs, Department of State (202) 663–2807. SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA and Section 127.11 of the ITAR prohibit the issuance of export licenses or other approvals to a person, or any party to the export, who has been convicted of violating the AECA and certain other U.S. criminal statutes enumerated at section 38(g)(1)(A) of the AECA and § 120.27 of the ITAR. A person convicted of violating the AECA is also subject to statutory debarment under § 127.7 of the ITAR. In March 2000, following entry of a guilty plea in November 1999, Orbit/FR was convicted of two counts of violating the AECA and the ITAR (U.S. District Court, Eastern District of Pennsylvania, Criminal Docket No. CR 99–560). Based on this conviction, Orbit/FR was statutorily debarred pursuant to Section 38(g)(4) of the AECA and § 127.7 of the ITAR and, thus, prohibited from participating directly or indirectly in exports of defense articles and defense VerDate Aug<18>2005 15:05 Sep 06, 2005 Jkt 205001 services. Notice of debarment was published in the Federal Register (65 FR 13072, March 10, 2000). Section 38(g)(4) of the AECA and § 127.11 of the ITAR permit termination of debarment after consultation with the other appropriate U.S. agencies and 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. Orbit/FR has taken steps to address law enforcement concerns, including entering a Consent Agreement with the Department of State whereby Orbit/FR will pay civil penalties in cash and remedial compliance measures. The Department of State has determined that Orbit/FR has taken appropriate steps to address the causes of the violations and to mitigate any law enforcement concerns. Therefore, in accordance with Section 38(g)(4) of the AECA and § 127.11 of the ITAR, the debarment against Orbit/FR is rescinded, effective August 29, 2005. The effect of this termination is that Orbit/FR and its affiliates may participate without prejudice in the export of defense articles and defense services subject to certain provisions of the AECA, the ITAR and the Consent Agreement. Dated: August 29, 2005. Rose M. Likins, Acting Assistant Secretary of State for Political-Military Affairs, Department of State. [FR Doc. 05–17746 Filed 9–6–05; 8:45 am] BILLING CODE 4710–25–P DEPARTMENT OF STATE [Public Notice 5164] Notice of Meeting; Meeting on Possible Mandate Expansion for the International Mobile Satellite Organization (IMSO) The Department of State announces a meeting to hear public views on issues related to the possible expansion of the mandate of the International Mobile Satellite Organization (IMSO), to include new oversight and regulatory responsibilities that may affect U.S. and non-U.S. mobile satellite services providers. The IMSO is convening an Extraordinary Assembly of Parties December 13–18, 2005, for the member governments to consider and act on proposals to amend the intergovernmental IMSO Convention to expand the IMSO’s oversight authority. Presently, this authority applies exclusively to Inmarsat plc. Proposals have been made to extend oversight to PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 53267 all mobile satellite service providers, specifically in the context of provision of capacity for the Global Maritime Distress and Safety System. Additionally, discussion has emerged about possible roles the IMSO may play in the creation of a new vessel ‘‘Long Range Identification and Tracking’’ (LRIT) system being developed to enhance maritime security, and suggestions that ‘‘the organization may assume any other functions or duties’’ upon request and approval. Prior to the Assembly meeting, the IMSO Advisory Committee will meet October 4–5, 2005, and the International Maritime Organization’s Maritime Safety Committee will have an intercessional meeting to discuss LRIT October 17–19, 2005. Both of these meetings may impact proposals and decisions of the IMSO Assembly and, accordingly, public views and advice are being sought well in advance of the IMSO Assembly. Background documentation may be found on the Department’s Web site: https://www.state.gov/e/eb/cip/imso. The Department of State’s public meeting will take place on Thursday, September 15, 2005 from 2 p.m. to 5 p.m. at the Department’s Harry S. Truman headquarters building, 2201 C St. NW., Washington, DC. (Please note that due to security considerations, parking in the vicinity of the building is extremely limited.) Members of the public are encouraged to participate and join in discussions, subject to the discretion of the moderator. Persons wishing to make formal presentations, should provide advance notice to the contacts below. Time may be limited. Persons planning to attend this meeting should send the following data by fax to (202) 647–5957 or e-mail to lambrh@state.gov not later than 72 hours before the meeting: (1) Name of the meeting, (2) name of participant, (3) organizational affiliation, (4) date of birth, (5) citizenship, and (6) either Social Security or Passport number. A valid government issued photo ID must be presented to gain entrance to the Department of State. Dated: August 24, 2005. Richard Lamb, Foreign Affairs Officer, International Communications and Information Policy, Department of State. [FR Doc. 05–17745 Filed 9–6–05; 8:45 am] BILLING CODE 4710–07–P E:\FR\FM\07SEN1.SGM 07SEN1

Agencies

[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Page 53267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17746]


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DEPARTMENT OF STATE

[Public Notice 5182]


Termination of Statutory Debarment and Reinstatement of 
Eligibility To Apply for Export/Retransfer Authorizations Pursuant to 
Section 38(g)(4) of the Arms Export Control Act for Orbit/FR, Inc.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the Department of State has 
terminated the statutory debarment against Orbit/FR, Inc. pursuant to 
Section 38(g)(4) of the Arms Export Control Act (AECA) (22 U.S.C. 2778) 
and Sec.  127.11 of the International Traffic in Arms Regulations 
(ITAR) (22 CFR Parts 120-130).

EFFECTIVE DATE: August 29, 2005.

FOR FURTHER INFORMATION CONTACT: David C. Trimble, Director, Office of 
Defense Trade Controls Compliance, Directorate of Defense Trade 
Controls, Bureau of Political-Military Affairs, Department of State 
(202) 663-2807.

SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA and Section 
127.11 of the ITAR prohibit the issuance of export licenses or other 
approvals to a person, or any party to the export, who has been 
convicted of violating the AECA and certain other U.S. criminal 
statutes enumerated at section 38(g)(1)(A) of the AECA and Sec.  120.27 
of the ITAR. A person convicted of violating the AECA is also subject 
to statutory debarment under Sec.  127.7 of the ITAR.
    In March 2000, following entry of a guilty plea in November 1999, 
Orbit/FR was convicted of two counts of violating the AECA and the ITAR 
(U.S. District Court, Eastern District of Pennsylvania, Criminal Docket 
No. CR 99-560). Based on this conviction, Orbit/FR was statutorily 
debarred pursuant to Section 38(g)(4) of the AECA and Sec.  127.7 of 
the ITAR and, thus, prohibited from participating directly or 
indirectly in exports of defense articles and defense services. Notice 
of debarment was published in the Federal Register (65 FR 13072, March 
10, 2000).
    Section 38(g)(4) of the AECA and Sec.  127.11 of the ITAR permit 
termination of debarment after consultation with the other appropriate 
U.S. agencies and 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. Orbit/FR has taken 
steps to address law enforcement concerns, including entering a Consent 
Agreement with the Department of State whereby Orbit/FR will pay civil 
penalties in cash and remedial compliance measures. The Department of 
State has determined that Orbit/FR has taken appropriate steps to 
address the causes of the violations and to mitigate any law 
enforcement concerns. Therefore, in accordance with Section 38(g)(4) of 
the AECA and Sec.  127.11 of the ITAR, the debarment against Orbit/FR 
is rescinded, effective August 29, 2005. The effect of this termination 
is that Orbit/FR and its affiliates may participate without prejudice 
in the export of defense articles and defense services subject to 
certain provisions of the AECA, the ITAR and the Consent Agreement.

    Dated: August 29, 2005.
Rose M. Likins,
Acting Assistant Secretary of State for Political-Military Affairs, 
Department of State.
[FR Doc. 05-17746 Filed 9-6-05; 8:45 am]
BILLING CODE 4710-25-P
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