Bureau of Political-Military Affairs; Statutory Debarment Under the International Traffic in Arms Regulations, 5402-5404 [E6-1339]
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5402
Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Notices
• Mail (paper, disk, or CD–ROM
submissions): Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725 17th
Street, NW., Washington, DC 20503.
• Fax: 202–395–6974.
Dated: January 12, 2006.
Frank Moss,
Deputy Assistant Secretary for Passport
Services, Bureau of Consular Affairs,
Department of State.
[FR Doc. E6–1356 Filed 1–31–06; 8:45 am]
BILLING CODE 4710–06–P
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding the collection
listed in this notice, including requests
for copies of the proposed information
collection and supporting documents, to
Susan Cowlishaw, U.S. Department Of
State, CA/PPT/FO/FC. 2100
Pennsylvania Avenue, NW., 3rd Floor/
Room 3040/ SA–29, Washington, DC
20037, who may be reached on
202.261.8957 or Cowlishawsc@state.gov.
We are
soliciting public comments to permit
the Department to:
• Evaluate whether the proposed
information collection is necessary for
the proper performance of our
functions.
• Evaluate the accuracy of our
estimate of the burden of the proposed
collection, including the validity of the
methodology and assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of technology.
Abstract of proposed collection: The
Statement of Non-Receipt of A Passport,
Form DS–86, is used by the U.S.
Department of State to collect
information for the purpose of issuing a
replacement passport to customers who
have not received the passport for
which they originally applied.
The information is used by the
Department of State to ensure that no
person shall bear more than one valid or
potentially valid U.S. passport at any
one time, except as authorized by the
Department, and is also used to combat
passport fraud and misuse.
Methodology: Passport applicants
who do not receive their passports are
required to complete a Statement of
Non-Receipt of A Passport, Form DS–86.
Passport applicants can either download
the form from the Internet or obtain one
from an Acceptance Facility/Passport
Agency. The form must be completed,
signed, and then submitted to the
Acceptance Facility/Passport Agency for
passport re-issuance.
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SUPPLEMENTARY INFORMATION:
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DEPARTMENT OF STATE
[Public Notice 5290]
60-Day Notice of Proposed Information
Collection: DS–158, Contact
Information and Work History for
Nonimmigrant Visa Applicant, OMB
Control Number 1405–0144
Notice of request for public
comment.
ACTION:
SUMMARY: The Department of State is
seeking Office of Management and
Budget (OMB) approval for the
information collection described below.
The purpose of this notice is to allow 60
days for public comment in the Federal
Register proceeding submission to
OMB. This process is conducted in
accordance with the Paperwork
Reduction Act of 1995.
Title of Information Collection:
Contact Information and Work History
for Nonimmigrant Visa Applicant.
OMB Control Number: 1405–0144.
Type of Request: Extension of a
Currently Approved Collection.
Originating Office: CA/VO.
Form Number: DS–158.
Respondents: Applicants for F, J and
M nonimmigrant visas.
Estimated Number of Respondents:
700,000 per year.
Estimated Number of Responses:
700,000 per year.
Average Hours Per Response: 1 hour.
Total Estimated Burden: 700,000
hours per year.
Frequency: Once per respondent.
Obligation to Respond: Required to
Obtain or Retain Benefit.
DATES: The Department will accept
comments from the public up to 60 days
from February 1, 2006.
ADDRESSES: Interested parties are
invited to submit written comments to
the Chief, Legislation and Regulation
Division, Visas Services—DS–158
Reauthorization, Department of State,
Washington, DC 20520–30106.
Comments may also be sent via e-mail
to VisaRegs@state.gov or faxed to (202)
663–3898. The subject line of either an
e-mail or fax must be: DS–158
Reauthorization.
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding the collection
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listed in this notice, including requests
for copies of the proposed information
collection and supporting documents,
should be sent to Andrea Lage of the
Office of Visa Services, U.S. Department
of State, 2401 E St., NW., L–603,
Washington, DC 20522, who may be
reached at (202) 663–1221.
SUPPLEMENTARY INFORMATION: We are
soliciting public comments to permit
the Department to:
• Evaluate whether the proposed
information collection is necessary to
properly perform our functions.
• Evaluate the accuracy of our
estimate of the burden of the proposed
collection, including the validity of the
methodology and assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond.
Abstract of proposed collection: This
form collects contact information,
current employment information, and
previous work experience information
from aliens applying for certain
nonimmigrant visas to enter the United
States.
Methodology: Form DS–158 will be
submitted in person or by mail or fax to
U.S. embassies and consulates overseas.
A version of the form without personal
data is available online.
Dated: December 15, 2005.
Stephen A. Edson,
Deputy Assistant Secretary, Bureau of
Consular Affairs, Department of State.
[FR Doc. E6–1357 Filed 1–31–06; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF STATE
[Public Notice 5288]
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,
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Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Notices
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 § 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. Unless licensing privileges are
reinstated, however, the person remains
debarred.
Department of State policy permits
debarred persons to apply to the
Director, Office 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 § 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
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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 § 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) Bernardo Gonzalez-Martinez,
October 24, 2003, U.S. District Court,
Southern District of Texas
(Brownsville), Case #: 1:03CR00455–
003.
˜
(2) Maria Silvia Elizalde de Nunez,
October 10, 2003, U.S. District Court,
Southern District of Texas
(Brownsville), Case #: 1:03CR00455–
002.
(3) Kwonhwan Park (a.k.a. Howard
Park), August 30, 2005, U.S. District
Court, District of Connecticut
(Bridgeport), Case #: 3:04cr123(MRK).
(4) Mehrdad Zar (a.k.a. Tony Zar),
October 27, 1998, U.S. District Court,
Eastern District of Virginia, Case #:
2:98CR00064–001.
(5) Constantinos Katsaras, November
25, 2003, U.S. District Court, Southern
District of Florida (Ft. Lauderdale), Case
#: 03–60096-Cr-Marra.
(6) Edgar Semprun, March 14, 2005,
U.S. District Court, Southern District of
Florida (Miami), Case #: 04–20605-CRLENARD 004.
(7) Rafael Alberto Samper, February
28, 2005, U.S. District Court, Southern
District of Florida (Miami), Case #: 04–
20605-CR-LENARD 003.
(8) Antonio Tarrab, March 8, 2005,
U.S. District Court, Southern District of
Florida (Miami), Case #: 04–20605-CRLENARD 005.
(9) Bilmer Alberto Paz, March 21,
2005, U.S. District Court, Southern
District of Florida (Miami), Case #: 04–
20605-CR-LENARD 006.
(10) Raul Demolina, May 5, 2005, U.S.
District Court, Southern District of
Florida (Miami), Case #: 04–20605-CRLENARD(s).
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5403
(11) Sotaro Inami, April 28, 2005, U.S.
District Court, Eastern District of
Pennsylvania, Case #: 04–429.
(12) Luis Hector Margaillon-Drabos
(a.k.a. Pedro Marquez-Monreal; a.k.a.
Luis Hector Margaillon; a.k.a. Jose
Olivarez-Martinez), April 18, 2005, U.S.
District Court, District of Arizona
(Tucson), Case #: CR 04–00208–001PHX-FJM.
(13) Hemant Lakhani (a.k.a. Hemad
Lakhani), September 12, 2005, U.S.
District Court, District of New Jersey
(Newark), Case #: 03–880–01.
(14) Interaero, Inc., December 16,
2004, U.S. District Court, District of
Columbia, Case #: CR 04–317.
(15) Renald Etienne, December 17,
1999, U.S. District Court, Middle
District of Florida (Tampa), Case #: 99–
31-CR-FTM–26D.
(16) David Tomkins, October 8, 2004,
U.S. District Court, Southern District of
Florida (Miami), Case #: 94–204-CRJORDAN.
(17) Tanzeem A. Khan, September 11,
2001, U.S. District Court, District of
Maryland (Baltimore), Case #: JFM–01–
085.
(18) Tauquir A. Khan, September 11,
2001, U.S. District Court, District of
Maryland (Baltimore), Case #: JFM–01–
085.
(19) Eduardo Marin Mejias, November
23, 2005, U.S. District Court, Southern
District of Florida (Miami), Case #: 05–
60128-CR-ALTONAGA.
(20) Neuro Enrique Gonzalez,
November 8, 2005, U.S. District Court,
Southern District of Florida (Miami),
Case #: 05–60128-CR-ALTONAGA(s).
(21) Randy Reyes, January 14, 2000,
U.S. District Court, Eastern District of
Wisconsin, Case #: 98-CR–189.
(22) Fermin Revuelta, December 14,
2000, U.S. District Court, Northern
District of California, Case #: CR–99–
0117 CAL.
(23) Fernando Sero (a.k.a. Ferdie
Resada), December 15, 2005, U.S.
District Court, Southern District of New
York, Case # 05 CR 00340–01 (CLB).
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.,
§§ 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
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5404
Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Notices
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: January 24, 2006.
John Hillen,
Assistant Secretary for Political-Military
Affairs, Department of State.
[FR Doc. E6–1339 Filed 1–31–06; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Application of Hawaii Island Air, Inc. D/
B/A Island Air for Certificate Authority
Department of Transportation.
Notice of Order to Show Cause
(Order 2006–1–20), Docket OST–2005–
22001.
AGENCY:
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ACTION:
SUMMARY: The Department of
Transportation is directing all interested
persons to show cause why it should
not issue an order finding Hawaii Island
Air, Inc. d/b/a Island Air fit, willing,
and able, and awarding it a certificate of
public convenience and necessity to
engage in interstate scheduled air
transportation of persons, property and
mail.
DATES: Persons wishing to file
objections should do so no later than
February 8, 2006.
ADDRESSES: Objections and answers to
objections should be filed in Docket
OST–2005–22001 and addressed to U.S.
Department of Transportation, Docket
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17:49 Jan 31, 2006
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Operations, (M–30, Room PL–401), 400
Seventh Street, SW., Washington, DC
20590, and should be served upon the
parties listed in Attachment A to the
order.
FOR FURTHER INFORMATION CONTACT:
Vanessa R. Balgobin, Air Carrier Fitness
Division (X–56, Room 6401), U.S.
Department of Transportation, 400
Seventh Street, SW., Washington, DC
20590, (202) 366–9721.
Dated: January 25, 2006.
Michael W. Reynolds,
Acting Assistant Secretary for Aviation and
International Affairs.
[FR Doc. E6–1321 Filed 1–31–06; 8:45 am]
BILLING CODE 4910–62–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket OST–2005–21790]
Notice on the Essential Air Service
Code-Sharing Pilot Program
Office of the Secretary, DOT.
Notice.
AGENCY:
ACTION:
SUMMARY: Vision 100—Century of
Aviation Reauthorization Act, Public
Law 108–176, Title IV, subtitle A,
section 406 requires the Secretary of
Transportation to establish a pilot
program, under which the Secretary
would have discretion to require air
carriers receiving Essential Air Service
(EAS) subsidy and major carriers
serving large hub airports to participate
in code-sharing arrangements for up to
10 EAS communities. Public comments
were invited about such a prospective
program; all of the comments raised
objections, particularly concerns that
the Department would use the authority
to force carriers to participate
involuntarily in the program. This
Notice discusses the comments, advises
of the establishment of the pilot
program, solicits applications for
participation in the program, and
specifies issues that should be
addressed in such applications.
FOR FURTHER INFORMATION CONTACT:
Kevin Schlemmer, U.S. Department of
Transportation, Office of Aviation
Analysis, 400 7th Street, SW.,
Washington, DC 20590. Telephone (202)
366–3176. E-mail:
kevin.schlemmer@dot.gov.
SUPPLEMENTARY INFORMATION: The
Essential Air Service program,
established in 1978 by the Airline
Deregulation Act, Public Law 95–504,
enables small communities that were
served by certificated air carriers before
deregulation to maintain at least a
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minimal level of scheduled air service.
Under this program, the Department
currently provides subsidies to air
carriers so that approximately 150 rural
communities, including 37 in Alaska,
can receive such service. DOT’s program
determines the minimum level of
service at each community by specifying
a hub through which the community is
linked to the national transportation
system, a minimum number of round
trips and available seats that must be
provided to that hub, certain
characteristics of the aircraft to be used,
and the maximum number of
permissible intermediate stops to the
hub.
A code-sharing agreement is a
marketing arrangement between two
carriers that allows one to publish
schedules and sell tickets on flights
operated by another. Typically, codesharing allows carriers to broaden their
network of destinations, to feed
additional passengers to their hub
airports, and to serve destinations that
they could not otherwise serve on a
profitable basis. Major airlines now
commonly enter into voluntary codeshare contracts with others, including
smaller, regional carriers. Most airports
covered under the EAS program have
service provided by a carrier that has at
least one major airline’s code attached
to its flights out of the airport. However,
some carriers that provide subsidized
service under the EAS program do not
have any code-share arrangements in
some of the markets that they serve.
On December 12, 2003, President
Bush signed the Vision 100—Century of
Aviation Reauthorization Act, Public
Law 108–176. Title IV, subtitle A,
section 406 of that statute required the
Secretary of Transportation to establish
a pilot program, under which the
Secretary would have discretion to
require air carriers receiving EAS
subsidy and major carriers serving large
hub airports to participate in codesharing arrangements for up to 10 EAS
communities. Section 406 provides as
follows:
Code-Sharing Program
(a) In General.—The Secretary of
Transportation shall establish a pilot
program under which the Secretary may
require air carriers providing air service
with compensation under subchapter II
of chapter 417 of title 49, United States
code, and major carriers (as defined in
section 41716(a)(2) of such title) serving
large hub airports (as defined in section
40102 of such title) to participate in
multiple code-sharing arrangements
consistent with normal industry
practice whenever and wherever the
Secretary determines that such multiple
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]]>Agencies
[Federal Register Volume 71, Number 21 (Wednesday, February 1, 2006)]
[Notices]
[Pages 5402-5404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1339]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 5288]
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,
[[Page 5403]]
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 Sec. 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. Unless licensing
privileges are reinstated, however, the person remains debarred.
Department of State policy permits debarred persons to apply to the
Director, Office 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 Sec. 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 Sec. 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) Bernardo Gonzalez-Martinez, October 24, 2003, U.S. District
Court, Southern District of Texas (Brownsville), Case :
1:03CR00455-003.
(2) Maria Silvia Elizalde de Nu[ntilde]ez, October 10, 2003, U.S.
District Court, Southern District of Texas (Brownsville), Case
: 1:03CR00455-002.
(3) Kwonhwan Park (a.k.a. Howard Park), August 30, 2005, U.S.
District Court, District of Connecticut (Bridgeport), Case :
3:04cr123(MRK).
(4) Mehrdad Zar (a.k.a. Tony Zar), October 27, 1998, U.S. District
Court, Eastern District of Virginia, Case : 2:98CR00064-001.
(5) Constantinos Katsaras, November 25, 2003, U.S. District Court,
Southern District of Florida (Ft. Lauderdale), Case : 03-
60096-Cr-Marra.
(6) Edgar Semprun, March 14, 2005, U.S. District Court, Southern
District of Florida (Miami), Case : 04-20605-CR-LENARD 004.
(7) Rafael Alberto Samper, February 28, 2005, U.S. District Court,
Southern District of Florida (Miami), Case : 04-20605-CR-
LENARD 003.
(8) Antonio Tarrab, March 8, 2005, U.S. District Court, Southern
District of Florida (Miami), Case : 04-20605-CR-LENARD 005.
(9) Bilmer Alberto Paz, March 21, 2005, U.S. District Court,
Southern District of Florida (Miami), Case : 04-20605-CR-
LENARD 006.
(10) Raul Demolina, May 5, 2005, U.S. District Court, Southern
District of Florida (Miami), Case : 04-20605-CR-LENARD(s).
(11) Sotaro Inami, April 28, 2005, U.S. District Court, Eastern
District of Pennsylvania, Case : 04-429.
(12) Luis Hector Margaillon-Drabos (a.k.a. Pedro Marquez-Monreal;
a.k.a. Luis Hector Margaillon; a.k.a. Jose Olivarez-Martinez), April
18, 2005, U.S. District Court, District of Arizona (Tucson), Case
: CR 04-00208-001-PHX-FJM.
(13) Hemant Lakhani (a.k.a. Hemad Lakhani), September 12, 2005,
U.S. District Court, District of New Jersey (Newark), Case :
03-880-01.
(14) Interaero, Inc., December 16, 2004, U.S. District Court,
District of Columbia, Case : CR 04-317.
(15) Renald Etienne, December 17, 1999, U.S. District Court, Middle
District of Florida (Tampa), Case : 99-31-CR-FTM-26D.
(16) David Tomkins, October 8, 2004, U.S. District Court, Southern
District of Florida (Miami), Case : 94-204-CR-JORDAN.
(17) Tanzeem A. Khan, September 11, 2001, U.S. District Court,
District of Maryland (Baltimore), Case : JFM-01-085.
(18) Tauquir A. Khan, September 11, 2001, U.S. District Court,
District of Maryland (Baltimore), Case : JFM-01-085.
(19) Eduardo Marin Mejias, November 23, 2005, U.S. District Court,
Southern District of Florida (Miami), Case : 05-60128-CR-
ALTONAGA.
(20) Neuro Enrique Gonzalez, November 8, 2005, U.S. District Court,
Southern District of Florida (Miami), Case : 05-60128-CR-
ALTONAGA(s).
(21) Randy Reyes, January 14, 2000, U.S. District Court, Eastern
District of Wisconsin, Case : 98-CR-189.
(22) Fermin Revuelta, December 14, 2000, U.S. District Court,
Northern District of California, Case : CR-99-0117 CAL.
(23) Fernando Sero (a.k.a. Ferdie Resada), December 15, 2005, U.S.
District Court, Southern District of New York, Case 05 CR
00340-01 (CLB).
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., Sec. Sec. 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
[[Page 5404]]
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: January 24, 2006.
John Hillen,
Assistant Secretary for Political-Military Affairs, Department of
State.
[FR Doc. E6-1339 Filed 1-31-06; 8:45 am]
BILLING CODE 4710-25-P
