Bureau of Political-Military Affairs; Statutory Debarment Under the International Traffic in Arms Regulations, 69620-69621 [05-22721]
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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
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13:56 Nov 15, 2005
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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.
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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