Bureau of Political-Military Affairs; Statutory Debarment Under the International Traffic in Arms Regulations, 57349-57350 [05-19642]
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Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices
DEPARTMENT OF STATE
[Public Notice 5197]
Culturally Significant Objects Imported
for Exhibition Determinations:
‘‘Darwin’’
Department of State.
Notice.
AGENCY:
ACTION:
SUMMARY: Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 [79 Stat. 985; 22 U.S.C.
2459], Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 [112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.], Delegation of Authority No. 234 of
October 1, 1999 [64 FR 56014],
Delegation of Authority No. 236 of
October 19, 1999 [64 FR 57920], as
amended, and Delegation of Authority
No. 257 of April 15, 2003 [68 FR 19875],
I hereby determine that the objects to be
included in the exhibition, ‘‘Darwin,’’
imported from abroad for temporary
exhibition within the United States, are
of cultural significance. The objects are
imported pursuant to loan agreements
with the foreign lenders. I also
determine that the exhibition or display
of the exhibit objects at the American
Museum of Natural History, New York,
New York, from on or about November
15, 2005, to on or about May 29, 2006,
and at possible additional venues yet to
be determined, is in the national
interest. Public notice of these
determinations is ordered to be
published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: For
further information, such as a list of
exhibit objects, contact Paul W.
Manning, Attorney-Adviser, Office of
the Legal Adviser, (202) 453–8052, and
the address is United States Department
of State, SA–44, Room 700, 301 4th
Street, SW., Washington, DC 20547–
0001.
Dated: September 26, 2005.
C. Miller Crouch,
Principal Deputy Assistant Secretary for
Educational and Cultural Affairs, Department
of State.
[FR Doc. 05–19643 Filed 9–29–05; 8:45 am]
BILLING CODE 4710–08–P
DEPARTMENT OF STATE
[Public Notice 5196]
Bureau of Political-Military Affairs;
Statutory Debarment Under the
International Traffic in Arms
Regulations
ACTION:
Notice.
VerDate Aug<31>2005
16:14 Sep 29, 2005
Jkt 205001
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
Parts 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) 663–2700.
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 persons,
or any party to the export, who have
been convicted of violating certain
statutes, including the AECA.
In implementing this section of the
AECA, the Assistant Secretary 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 other 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 United
States Court, 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
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, 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. It should be noted, however, that
unless licensing privileges are
reinstated, the person remains debarred.
Department of State policy permits
debarred persons to apply to the
Director of Defense Trade Controls
Compliance for reinstatement beginning
one year after the date of the debarment,
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Fmt 4703
Sfmt 4703
57349
in accordance with Section 38(g)(4) of
the AECA and Section 127.11(b) of the
ITAR. 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-bybase basis at the discretion of the
Directorate of Defense Trade Controls.
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 of the AECA
and Section 127.7 of the ITAR, the
Assistant Secretary of State for PoliticalMilitary Affairs has statutorily debarred
the following persons for a period of
three years following the date of their
AECA conviction:
(1) Equipment & Supply, Inc., August
6, 2004, U.S. District Court, Eastern
District of Wisconsin (Milwaukee), Case
#02–Cr–262.
(2) Klaus Ernst Buhler, June 21, 2003,
U.S. District Court, Middle District of
Florida (Jacksonville), Case #: 3:02–Cr–
13–J–12TEM.
(3) Rotair Industries, Inc., July 29,
2004, U.S. District Court, District of
Connecticut (New Haven), Case #:
3:04Cr 149 JBA.
As noted above, at the end of the
three-year period, the above named
persons/entities remain debarred unless
licensing 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), and 127.11(a)).
The Department of State will not
consider applications for licenses or
requests for approvals that involve any
person who has been convicted of
violating or of 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
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57350
Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Notices
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) and 128.13(a).
This notice is provided for purposes
of making 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,
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.
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
affairs function is discretionary, it is
excluded from review under the
Administrative Procedure Act.
Dated: September 22, 2005.
Rose M. Likins,
Acting Assistant Secretary for PoliticalMilitary Affairs, Department of State.
[FR Doc. 05–19642 Filed 9–29–05; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF STATE
[Public Notice 5167]
Meeting of Advisory Committee on
International Communications and
Information Policy
The Department of State announces
the next meeting of its Advisory
Committee on International
Communications and Information
Policy (ACICIP) to be held on Thursday,
October 20, 2005, from 2 p.m. to 4:30
p.m., in the Loy Henderson Auditorium
of the Harry S. Truman Building of the
U.S. Department of State. The Truman
Building is located at 2201 C Street,
NW., Washington, DC 20520.
The committee provides a formal
channel for regular consultation and
coordination on major economic, social
and legal issues and problems in
international communications and
information policy, especially as these
issues and problems involve users of
information and communications
services, providers of such services,
technology research and development,
foreign industrial and regulatory policy,
the activities of international
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16:14 Sep 29, 2005
Jkt 205001
organizations with regard to
communications and information, and
developing country issues.
The meeting will be led by ACICIP
Vice Chair Mr. Rhett Dawson of the
Information Technology Industry
Council. Ambassador David A. Gross,
Deputy Assistant Secretary and U.S.
Coordinator for International
Communications and Information
Policy, and other senior State
Department and U.S. Government
officials will also address the meeting.
The main focus of the event will be to
discuss U.S.-India relations, with an
emphasis on industry input for the first
meeting of the newly-formed U.S.-India
Information and Communications
Technologies Working Group. State
Department officials will also present a
status report on preparations for the
second phase of the World Summit on
the Information Society, which will take
place in Tunis, Tunisia from November
16–18, 2005.
Members of the public may attend
these meetings up to the seating
capacity of the room. While the meeting
is open to the public, admittance to the
Department of State building is only by
means of a pre-arranged clearance list.
In order to be placed on the preclearance list, please provide your
name, title, organization, social security
number, date of birth, and citizenship to
Robert M. Watts at wattsrm@state.gov no
later than 5 p.m. on Tuesday, October
18, 2005. All attendees for this meeting
must use the 23rd Street entrance. One
of the following valid ID’s will be
required for admittance: Any U.S.
driver’s license with photo, a passport,
or a U.S. Government agency ID. NonU.S. Government attendees must be
escorted by Department of State
personnel at all times when in the
building.
For further information, please
contact Robert M. Watts, Executive
Secretary of the Committee, at 202–647–
5820 or by e-mail at wattsrm@state.gov.
Dated: September 23, 2005.
Robert M. Watts,
Executive Secretary, ACICIP, Department of
State.
[FR Doc. 05–19641 Filed 9–29–05; 8:45 am]
BILLING CODE 4710–07–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Minimum Slot Usage Requirement
Notice of denial of request for
waiver of the minimum slot usage
requirement.
ACTION:
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
SUMMARY: The FAA recently issued a
letter responding to a request from the
Regional Airlines Association (RAA) for
a blanket waiver of the minimum slot
usage requirement for all slots at the
three High Density Traffic Airports. The
text of that letter is set forth in this
notice.
FOR FURTHER INFORMATION CONTACT:
Lorelei Peter, Senior Attorney, Office of
the Chief Counsel, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone (202) 267–3073.
SUPPLEMENTARY INFORMATION: Deborah
C. McElroy, President, Regional Airline
Association, 2025 M Street, NW., Suite
800, Washington, DC 20036–3309.
Dear Ms. McElroy: This is in response
to your September 9 letter, submitted on
behalf of the Regional Airline
Association’s (RAA) membership,
requesting a waiver of the ‘‘use or lose’’
requirements for slots and slot
exemptions held by RAA members at
John F. Kennedy International (JFK),
LaGuardia (LGA) and Ronald Reagan
Washington National Airports (DCA) for
the period August 29, 2005 through
March 29, 2006.
Section 93.227, subsection (j) of Title
14 of the Code of Federal Regulations
provides that the Chief Counsel of the
FAA may waive the usage requirements
of paragraph (a) of that section in the
case of ‘‘a highly unusual and
unpredictable condition which is
beyond the control of the slot-holder
and which exists for a period of 9 or
more days.’’ As an example, of such a
condition, subsection 93.227(j) gives,
‘‘weather conditions which request in
the restricted operation of an airport for
an extended period of time.’’
RRA points to factors beyond the
carriers’ control—including record fuel
costs, potential disruptions in fuel
supplies, airport closing and major
changes in travel patterns—that are
creating economic difficulties for
airlines of the like that have not been
experienced since the aftermath of
September 11 or the Gulf War. Your
petition further states that the carriers’
inability to raise fares to recoup higher
fuel costs will necessitate schedule
changes, which will result in either
utilization of slots below the 80%
minimum specified in our regulations or
the operation of flights solely to
preserve slot holdings. Additionally,
you note that recent challenges to fuel
supplies and further increases in fuel
costs due to the impact of Hurricane
Katrina have critically exacerbated the
situation.
Your association requests a waiver on
behalf of its members for usage
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]]>Agencies
[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Notices]
[Pages 57349-57350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19642]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 5196]
Bureau of Political-Military Affairs; Statutory Debarment Under
the International Traffic in Arms Regulations
ACTION: Notice.
-----------------------------------------------------------------------
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 Parts 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) 663-2700.
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 persons, or any party to
the export, who have been convicted of violating certain statutes,
including the AECA.
In implementing this section of the AECA, the Assistant Secretary
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 other
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 United States Court, 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 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, 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. It should be
noted, however, that unless licensing privileges are reinstated, the
person remains debarred.
Department of State policy permits debarred persons to apply to the
Director 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 and Section 127.11(b) of the ITAR. 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 Directorate of Defense Trade Controls. 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 of the AECA and Section 127.7 of the ITAR,
the Assistant Secretary of State for Political-Military Affairs has
statutorily debarred the following persons for a period of three years
following the date of their AECA conviction:
(1) Equipment & Supply, Inc., August 6, 2004, U.S. District Court,
Eastern District of Wisconsin (Milwaukee), Case 02-Cr-262.
(2) Klaus Ernst Buhler, June 21, 2003, U.S. District Court, Middle
District of Florida (Jacksonville), Case : 3:02-Cr-13-J-12TEM.
(3) Rotair Industries, Inc., July 29, 2004, U.S. District Court,
District of Connecticut (New Haven), Case : 3:04Cr 149 JBA.
As noted above, at the end of the three-year period, the above
named persons/entities remain debarred unless licensing 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),
and 127.11(a)). The Department of State will not consider applications
for licenses or requests for approvals that involve any person who has
been convicted of violating or of 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
[[Page 57350]]
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) and 128.13(a).
This notice is provided for purposes of making 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,
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.
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 affairs function is discretionary, it is
excluded from review under the Administrative Procedure Act.
Dated: September 22, 2005.
Rose M. Likins,
Acting Assistant Secretary for Political-Military Affairs, Department
of State.
[FR Doc. 05-19642 Filed 9-29-05; 8:45 am]
BILLING CODE 4710-25-P
