Bureau of Political-Military Affairs; Statutory Debarment Under the International Traffic in Arms Regulations, 69620-69621 [05-22721]

Download as PDF 69620 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices disaster for the State of Indiana (FEMA– 1612–DR ), dated 11/8/2005. Incident: Tornado and Severe Storms. Incident Period: 11/6/2005. Effective Date: 11/8/2005. Physical Loan Application Deadline Date: 1/9/2006. EIDL Loan Application Deadline Date: 8/8/2006. Submit completed loan applications to: U.S. Small Business Administration, National Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. ADDRESSES: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, Suite 6050, Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: Notice is hereby given that as a result of the President’s major disaster declaration on 11/8/2005, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Vanderburgh Warrick Contiguous Counties: Indiana Dubois, Gibson, Pike, Posey, Spencer Kentucky Daviess, Henderson The Interest Rates are: SUPPLEMENTARY INFORMATION: Percent Homeowners With Credit Available Elsewhere ......................... Homeowners Without Credit Available Elsewhere .................. Businesses With Credit Available Elsewhere ................................. Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere .................. Other (Including Non-profit Organizations) With Credit Available Elsewhere ................................. Businesses and Non-profit Organizations Without Credit Available Elsewhere ......................... 5.375 2.687 SMALL BUSINESS ADMINISTRATION Advisory Committee on Veterans Business Affairs; Public Meeting The U.S. Small Business Administration (SBA), pursuant to the Veterans Entrepreneurship and Small Business Development Act of 1999 (Pub. L. 106–50), Advisory Committee on Veterans Business Affairs will host a second public meeting on November 15–17, 2005. The meeting will take place at the U.S. Small Business Administration, 409 3rd Street, SW., Washington, DC 20416. The meeting on Tuesday, November 15, 2005 and Wednesday, November 16, 2005 will start at 9 a.m. until 5 p.m., in the Eisenhower Conference Room, located on the 2nd floor. The meeting on Thursday, November 17, 2005 will start at 9 a.m. until noon, in the Administration’s Conference Room, located on the 7th floor. Anyone wishing to attend must contact Cheryl Clark in writing or by fax. Cheryl Clark, Program Liaison, Office of Veterans Business Development, 409 3rd Street, SW., Washington, DC 204165, phone (202) 205–6773), fax: (202) 481–6085, e-mail: cheryl.clark@sba.gov. Matthew K. Becker, Committee Management Officer. [FR Doc. 05–22736 Filed 11–15–05; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF STATE [Public Notice 5229] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Bellini and the East’’ 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. 4.000 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and 4.750 Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of 4.000 October 1, 1999, and Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of The number assigned to this disaster Authority No. 257 of April 15, 2003 [68 for physical damage is 10245C and for FR 19875], I hereby determine that the economic injury is 102460. objects to be included in the exhibition (Catalog of Federal Domestic Assistance ‘‘Bellini and the East,’’ imported from Numbers 59002 and 59008) abroad for temporary exhibition within Herbert L. Mitchell, the United States, are of cultural Associate Administrator for Disaster significance. The objects are imported Assistance. pursuant to a loan agreements with the [FR Doc. 05–22735 Filed 11–15–05; 8:45 am] foreign lenders. I also determine that the BILLING CODE 8025–01–P exhibition or display of the exhibit VerDate Aug<31>2005 13:56 Nov 15, 2005 6.557 Jkt 208001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 objects at the Isabella Stewart Gardner Museum, Boston, MA from on or about December 15, 2005 to on or about March 26, 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, including a list of the exhibit objects, contact Carol B. 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: November 7, 2005. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. 05–22722 Filed 11–15–05; 8:45 am] BILLING CODE 4710–08–P DEPARTMENT OF STATE [Public Notice 5228] 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 E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 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-bybase basis at the discretion of the Assistant Secretary of State for PoliticalMilitary Affairs. 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. VerDate Aug<31>2005 13:56 Nov 15, 2005 Jkt 208001 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) Guillermo Cardoso-Arias, April 1, 2005, U.S. District Court, Southern District of Florida (Ft. Lauderdale), Case #: 0:04CR60262–COHN (2) Davilyn, Inc., June 27, 2005, U.S. District Court, Central District of California (Los Angeles), Case #: CR 05– 00432–RMT (3) Carlos Gamarra-Murillo, August 9, 2005, U.S. District Court, Middle District of Florida (Tampa), Case #: 8:04–CR–349–T–27EAJ (4) Xiuwen Liang also known as (a.k.a.) Jennifer Liang and Jennifer Zhuang, April 14, 2005, U.S. District Court, Central District of California (Los Angeles), Case #: CR03–138–SVW (5) Jinghua Zhuang a.k.a. Jackey Zhuang, January 6, 2004, U.S. District Court, Central District of California (Los Angeles), Case #: CR03–138–SVW. As noted above, at the end of the threeyear 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 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 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 69621 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: November 7, 2005. John Hillen, Assistant Secretary for Political-Military Affairs, Department of State. [FR Doc. 05–22721 Filed 11–15–05; 8:45 am] BILLING CODE 4710–25–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Request for Comments Concerning Compliance With Telecommunications Trade Agreements Office of the United States Trade Representative. ACTION: Notice of request for public comment and reply comment. AGENCY: SUMMARY: Pursuant to section 1377 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3106) (‘‘section 1377’’), the Office of the United States Trade Representative (‘‘USTR’’) is reviewing and requests comments on: The operation, effectiveness, and implementation of and compliance with WTO agreements affecting market opportunities for telecommunications products and services of the United States; the telecommunications provisions of the North American Free Trade Agreement (‘‘NAFTA’’), the Chile, Singapore, and Australia Free Trade Agreements (‘‘FTA’’) and any other FTA coming into force on or before January 1, 2006; and other telecommunications trade agreements. The USTR will conclude the review by March 31, 2006. DATES: Comments are due by noon on December 9, 2005 and Reply Comments by noon on January 6, 2006. ADDRESSES: Gloria Blue, Executive Secretary, Trade Policy Staff Committee, ATTN: Section 1377 Comments, Office of the United States Trade Representative, 1724 F Street, NW., Washington, DC 20508. FOR FURTHER INFORMATION CONTACT: Arrow Augerot, Office of Industry, Market Access, and Telecommunications (202) 395–6099; or Amy Karpel, Office of the General Counsel (202) 395–5804. SUPPLEMENTARY INFORMATION: Section 1377 requires the USTR to review annually the operations and effectiveness of all U.S. trade agreements regarding E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Notices]
[Pages 69620-69621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22721]


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

DEPARTMENT OF STATE

[Public Notice 5228]


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

[[Page 69621]]

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 Assistant Secretary of State for Political-Military Affairs. 
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) Guillermo Cardoso-Arias, April 1, 2005, U.S. District Court, 
Southern District of Florida (Ft. Lauderdale), Case : 
0:04CR60262-COHN
    (2) Davilyn, Inc., June 27, 2005, U.S. District Court, Central 
District of California (Los Angeles), Case : CR 05-00432-RMT
    (3) Carlos Gamarra-Murillo, August 9, 2005, U.S. District Court, 
Middle District of Florida (Tampa), Case : 8:04-CR-349-T-27EAJ
    (4) Xiuwen Liang also known as (a.k.a.) Jennifer Liang and Jennifer 
Zhuang, April 14, 2005, U.S. District Court, Central District of 
California (Los Angeles), Case : CR03-138-SVW
    (5) Jinghua Zhuang a.k.a. Jackey Zhuang, January 6, 2004, U.S. 
District Court, Central District of California (Los Angeles), Case 
: CR03-138-SVW.

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 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: November 7, 2005.
John Hillen,
Assistant Secretary for Political-Military Affairs, Department of 
State.
[FR Doc. 05-22721 Filed 11-15-05; 8:45 am]
BILLING CODE 4710-25-P