Bureau of Political-Military Affairs; Statutory Debarment Under the Arms Export Control Act and the International Traffic in Arms Regulations, 67191-67192 [E6-19609]
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sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Notices
terms of massing and placement of a
museum facility on the candidate sites.
Although they were conceptual and
only intended for site selection
purposes, they are a point of departure
for this study and the range of
alternatives evaluated in this EIS.
The potential range of alternatives
that will be evaluated in the EIS
includes the no action or no build
alternative and a range of build
alternatives derived from the site
evaluation study that will include a
minimum build-out at approximately
350,000 gross square feet (GSF), a
middle range build-out at approximately
415,000 GSF, and a maximum build-out
that would not exceed approximately
804,000 GSF. Each alternative
description will identify the number of
levels above and below ground, general
massing, and site setbacks. The
Presidential Commission identified
350,000 GSF as the preliminary program
space requirements for the museum.
Thus, it was used as the baseline or
‘‘point of departure’’ for the maximum
and minimum build scenarios
developed in the site evaluation study.
As part of the scoping process, other
alternatives may be identified that merit
further investigation.
Topics for environmental analysis
will be further defined during scoping
activities with the public and agencies
but will include topics such as historic
resources, archeology, visual resources,
transportation, public utilities, land use,
social and economic issues, and
physical and biological resources such
as air, geology, and groundwater.
Public Scoping Meeting and
Comments: The Smithsonian Institution
and the National Capital Planning
Commission will solicit public
comments for consideration and
possible incorporation in the Draft EIS
through public scoping, including a
scoping meeting, on the proposed
museum building at the Monument site.
Notice of the public meeting will be
publicized in local newspapers and
through other sources. To ensure that all
issues related to this action are
addressed and all significant issues are
identified early in the process,
comments are invited in writing and
orally from all interested and/or
potentially affected parties. These
comments may be provided at the
public meeting or provided in writing to
Jill Cavanaugh at the Louis Berger
Group, Inc., 2300 N Street, NW., #800,
Washington, DC 20037 (until December
15, 2006) and to 2445 M Street, NW.,
4th Floor, Washington, DC 20037–1445
(after December 15, 2006). Comments
will also be collected at https://
www.nmaahc-eis.com. All public
VerDate Aug<31>2005
17:10 Nov 17, 2006
Jkt 211001
comments must be postmarked or
received on the Web site by January 5,
2007.
FOR FURTHER INFORMATION CONTACT: Jane
Passman, Senior Facilities Planner,
Smithsonian Institution, Office of
Facilities Engineering and Operations,
PO Box 37012, 750 9th Street, NW.,
Suite 5200 MRC 908, Washington, DC
20013–7012; Phone: 202–275–0234;
Fax: 202–275–0889.
John E. Huerta,
General Counsel, Smithsonian Institution.
[FR Doc. E6–19496 Filed 11–17–06; 8:45 am]
BILLING CODE 8030–03–P
DEPARTMENT OF STATE
[Public Notice 5617]
Bureau of Political-Military Affairs;
Statutory Debarment Under the Arms
Export Control Act and the
International Traffic in Arms
Regulations
ACTION:
Notice.
SUMMARY: Notice is hereby given that
persons convicted of violating or
conspiring to violate Section 38 of the
Arms Export Control Act, as amended,
(‘‘AECA’’) (22 U.S.C. 2778) are
statutorily debarred pursuant to Section
38(g)(4) of the AECA and Section
127.7(c) of the International Traffic in
Arms Regulations (‘‘ITAR’’) (22 CFR
parts 120 to 130).
DATES: 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(g)(4), prohibits the Department of
State from issuing licenses or other
approvals for the export of defense
articles or defense services to be issued
where the applicant or any party to the
export, has been convicted of violating
certain statutes, including the AECA. In
implementing this provision, Section
127.7 of the ITAR provides for
‘‘statutory debarment’’ of any person
who has been convicted of violating or
conspiring to violate the AECA. Persons
subject to statutory debarment are
prohibited 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.
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67191
Statutory debarment is based solely
upon conviction in a criminal
proceeding, conducted by a United
States Court, and as such the
administrative debarment procedures
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, export
privileges may be reinstated only at the
request of the debarred person followed
by 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 export 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. 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, after consulting with
the appropriate U.S. agencies. 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(g)(4) of the
AECA and Section 127.7(c) of the ITAR,
the following persons are statutorily
debarred following the date of their
AECA conviction:
E:\FR\FM\20NON1.SGM
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sroberts on PROD1PC70 with NOTICES
67192
Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Notices
(1) Victor Moscoso, July 26, 2002, U.S.
District Court, Southern District of
Florida (Miami), Case #: 01–966–CR–
SEITZ/001.
(2) Romolo Martinez, February 5,
2004, U.S. District Court, Southern
District of Florida (Miami), Case #: 1:02–
20923–001–CR–MOORE.
(3) Stephen Jorgensen, January 15,
2001, U.S. District Court, Southern
District of Florida (Miami), Case #:
1:00CR00998–001.
(4) Gerald Morey, August 11, 2003,
U.S. District Court, Southern District of
Florida (Miami), Case #: 1:02–20923–
001–CR–MOORE.
(5) Ziad Jamil Gammoh (a.k.a. Al
Gammoh; a.k.a. Jamil Gammoh; a.k.a.
Ziad Al Gammoh; a.k.a. Ziad Al J
Gammoh; a.k.a. Ziad Jamil Salem,
Gammoh; a.k.a. Ziad Al J Gammon;
a.k.a. Ziad Al Jamil; a.k.a, Al Jamil
Ziad), November 7, 2005, U.S. District
Court, Central District of California,
Case #: SA CR04–97 DOC.
(6) Naji Antoine Abi Khalil, February
2, 2006, U.S. District Court, Eastern
District of Arkansas, Case #
4:05CR00200–01,
(7) Martin Armando Arredondo-Meza,
January 25, 2006, U.S. District Court
Southern District of Texas, Case #:
7:05CR00754–001.
(8) Tomer Grinberg, April 24, 2006,
U.S. District Court, Southern District of
New York (Foley Square), Case #
04cr573–02,
(9) Kwan Chun Chan (a.k.a. Jenny
Chan), May 4, 2006, U.S. District Court
District of New Jersey, Case # 05–660–
01.
(10) Xiu Ling Chen (a.k.a. Linda
Chen), May 4, 2006, U.S. District Court
District of New Jersey, Case # 05–659–
01.
(11) Hao Li Chen (a.k.a. Ali Chan),
May 4, 2006, U.S. District Court, District
of New Jersey, Case # 05–658–01.
(12) Xu Weibo (a.k.a. Kevin Xu), May
4, 2006, U.S. District Court, District of
New Jersey, Case # 05–657–01.
(13) George Charles Budenz, II, July
17, 2006, U.S. District Court, Southern
District of California, Case #
05CR01863–LAB.
(14) Richard Tobey, June 26, 2006,
U.S. District Court, Southern District of
California, Case # 05CR1462–LAB.
(15) Kellen Lamon Johnson, June 1,
2006, U.S. District Court, District of
Montana, Case # CR 05–170–GF–SHE–
03.
(16) Dwain Rouse, June 12, 2006, U.S.
District Court, District of Montana, Case
# CR 05–170–GF–SHE–01.
(17) Erika Jardine (a.k.a. Eriklynn
Pattie Jardine; a.k.a. Erika Pattie
Jardine), February 22, 2006, U.S. District
Court, Eastern District of Pennsylvania,
Case # CR–2005–446.
VerDate Aug<31>2005
17:10 Nov 17, 2006
Jkt 211001
(18) Kal Nelson Aviation, Inc., August
9, 2006, U.S. District Court, Central,
District of California, Case # CR05–1158.
(19) Ko-Suen Moo, July 24, 2006, U.S.
District Court, Southern District of,
Florida, Case # 06–200006–CR–
GRAHAM.
(20) Michael P. Murphy Surplus
Materials Inc., May 16, 2006, U.S.
District, Court, Southern District of
California, Case # 06CR0209–BTM.
As noted above, at the end of the
three-year period following the date of
conviction, the above named persons/
entities remain debarred unless export
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), 127.1(c) and
127.11(a)). Also, under Section 127.1(c)
of the ITAR, any person who has
knowledge that an other persons is
subject to debarment or is otherwise
ineligible may not, without disclosure to
and written approve from the
Directorate of Defense Trade Controls,
participate, directly or indirectly, in any
export in which such ineligible person
may benefit therefrom or in which he
has a direct or indirect interest.
This notice is provided for purposes
of making the public aware that the
persons listed above are prohibited from
participating directly or indirectly in
activities regulated by the ITAR,
including 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.
Dated: November 2, 2006.
Stephen D. Mull,
Acting Assistant Secretary for PoliticalMilitary Affairs, Department of State.
[FR Doc. E6–19609 Filed 11–17–06; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF STATE
[Public Notice 5616]
Key Dates
Application Deadline: February 2,
2007.
Executive Summary: The Office of
Global Educational Programs of the
Bureau of Educational and Cultural
Affairs announces an open competition
to administer the Benjamin A. Gilman
International Scholarship Program.
Public and private non-profit
organizations meeting the provisions
described in Internal Revenue Code
section 26 U.S.C. 501(c)(3) may submit
proposals for the purpose of
administering a scholarship program for
academic study by Americans outside
the United States.
Funding Opportunity Description
Authority
Overall grant making authority for
this program is contained in the Mutual
Educational and Cultural Exchange Act
of 1961, as amended, Public Law 87–
256, also known as the Fulbright-Hays
Act. The purpose of the Act is ‘‘to
enable the Government of the United
States to increase mutual understanding
between the people of the United States
and the people of other countries * * *;
to strengthen the ties which unite us
with other nations by demonstrating the
educational and cultural interests,
developments, and achievements of the
people of the United States and other
nations * * * and thus to assist in the
development of friendly, sympathetic,
and peaceful relations between the
United States and the other countries of
the world.’’ The funding authority for
the program above is provided through
legislation.
Purpose
This program provides grants to
enable U.S. citizen undergraduate
students of limited financial means to
pursue academic studies abroad. Such
foreign study is intended to expand
understanding of other countries and
cultures among U.S. students, expose
citizens of other countries to Americans
from diverse backgrounds, and better
prepare U.S. students to assume
significant roles in an increasingly
global economy.
Bureau of Educational and Cultural
Affairs (ECA) Request for Grant
Proposals: Gilman International
Scholarship Program
Announcement Type: New Grant.
Funding Opportunity Number: ECA/
A/S/A–07–10.
Catalog of Federal Domestic Assistance
Number: 19.425.
History
Since the program’s inception in
2001, nearly 2,000 Gilman scholars from
more than 500 U.S. colleges and
universities have studied in 94
countries around the world.
Overview
It is anticipated that, pending
appropriation of funds, this grant will
provide an assistance award of
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]]>Agencies
[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Notices]
[Pages 67191-67192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19609]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 5617]
Bureau of Political-Military Affairs; Statutory Debarment Under
the Arms Export Control Act and the International Traffic in Arms
Regulations
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that persons convicted of violating or
conspiring to violate Section 38 of the Arms Export Control Act, as
amended, (``AECA'') (22 U.S.C. 2778) are statutorily debarred pursuant
to Section 38(g)(4) of the AECA and Section 127.7(c) of the
International Traffic in Arms Regulations (``ITAR'') (22 CFR parts 120
to 130).
DATES: 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(g)(4), prohibits the Department of State from issuing licenses or
other approvals for the export of defense articles or defense services
to be issued where the applicant or any party to the export, has been
convicted of violating certain statutes, including the AECA. In
implementing this provision, Section 127.7 of the ITAR provides for
``statutory debarment'' of any person who has been convicted of
violating or conspiring to violate the AECA. Persons subject to
statutory debarment are prohibited 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.
Statutory debarment is based solely upon conviction in a criminal
proceeding, conducted by a United States Court, and as such the
administrative debarment procedures 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, export privileges
may be reinstated only at the request of the debarred person followed
by 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 export
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. 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,
after consulting with the appropriate U.S. agencies. 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(g)(4) of the AECA and Section 127.7(c) of
the ITAR, the following persons are statutorily debarred following the
date of their AECA conviction:
[[Page 67192]]
(1) Victor Moscoso, July 26, 2002, U.S. District Court, Southern
District of Florida (Miami), Case : 01-966-CR-SEITZ/001.
(2) Romolo Martinez, February 5, 2004, U.S. District Court,
Southern District of Florida (Miami), Case : 1:02-20923-001-
CR-MOORE.
(3) Stephen Jorgensen, January 15, 2001, U.S. District Court,
Southern District of Florida (Miami), Case : 1:00CR00998-001.
(4) Gerald Morey, August 11, 2003, U.S. District Court, Southern
District of Florida (Miami), Case : 1:02-20923-001-CR-MOORE.
(5) Ziad Jamil Gammoh (a.k.a. Al Gammoh; a.k.a. Jamil Gammoh;
a.k.a. Ziad Al Gammoh; a.k.a. Ziad Al J Gammoh; a.k.a. Ziad Jamil
Salem, Gammoh; a.k.a. Ziad Al J Gammon; a.k.a. Ziad Al Jamil; a.k.a, Al
Jamil Ziad), November 7, 2005, U.S. District Court, Central District of
California, Case : SA CR04-97 DOC.
(6) Naji Antoine Abi Khalil, February 2, 2006, U.S. District Court,
Eastern District of Arkansas, Case 4:05CR00200-01,
(7) Martin Armando Arredondo-Meza, January 25, 2006, U.S. District
Court Southern District of Texas, Case : 7:05CR00754-001.
(8) Tomer Grinberg, April 24, 2006, U.S. District Court, Southern
District of New York (Foley Square), Case 04cr573-02,
(9) Kwan Chun Chan (a.k.a. Jenny Chan), May 4, 2006, U.S. District
Court District of New Jersey, Case 05-660-01.
(10) Xiu Ling Chen (a.k.a. Linda Chen), May 4, 2006, U.S. District
Court District of New Jersey, Case 05-659-01.
(11) Hao Li Chen (a.k.a. Ali Chan), May 4, 2006, U.S. District
Court, District of New Jersey, Case 05-658-01.
(12) Xu Weibo (a.k.a. Kevin Xu), May 4, 2006, U.S. District Court,
District of New Jersey, Case 05-657-01.
(13) George Charles Budenz, II, July 17, 2006, U.S. District Court,
Southern District of California, Case 05CR01863-LAB.
(14) Richard Tobey, June 26, 2006, U.S. District Court, Southern
District of California, Case 05CR1462-LAB.
(15) Kellen Lamon Johnson, June 1, 2006, U.S. District Court,
District of Montana, Case CR 05-170-GF-SHE-03.
(16) Dwain Rouse, June 12, 2006, U.S. District Court, District of
Montana, Case CR 05-170-GF-SHE-01.
(17) Erika Jardine (a.k.a. Eriklynn Pattie Jardine; a.k.a. Erika
Pattie Jardine), February 22, 2006, U.S. District Court, Eastern
District of Pennsylvania, Case CR-2005-446.
(18) Kal Nelson Aviation, Inc., August 9, 2006, U.S. District
Court, Central, District of California, Case CR05-1158.
(19) Ko-Suen Moo, July 24, 2006, U.S. District Court, Southern
District of, Florida, Case 06-200006-CR-GRAHAM.
(20) Michael P. Murphy Surplus Materials Inc., May 16, 2006, U.S.
District, Court, Southern District of California, Case
06CR0209-BTM.
As noted above, at the end of the three-year period following the
date of conviction, the above named persons/entities remain debarred
unless export 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),
127.1(c) and 127.11(a)). Also, under Section 127.1(c) of the ITAR, any
person who has knowledge that an other persons is subject to debarment
or is otherwise ineligible may not, without disclosure to and written
approve from the Directorate of Defense Trade Controls, participate,
directly or indirectly, in any export in which such ineligible person
may benefit therefrom or in which he has a direct or indirect interest.
This notice is provided for purposes of making the public aware
that the persons listed above are prohibited from participating
directly or indirectly in activities regulated by the ITAR, including
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.
Dated: November 2, 2006.
Stephen D. Mull,
Acting Assistant Secretary for Political-Military Affairs, Department
of State.
[FR Doc. E6-19609 Filed 11-17-06; 8:45 am]
BILLING CODE 4710-25-P
