Bureau of Political-Military Affairs; Statutory Debarment Under the Arms Export Control Act and the International Traffic in Arms Regulations, 34059-34060 [E7-11991]

Download as PDF Federal Register / Vol. 72, No. 118 / Wednesday, June 20, 2007 / Notices Commission, consistent with the protection of investors and the public interest, has determined to waive the 30-day operative date so that the proposal may take effect upon filing.16 At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File number SR–NYSE–2007–51 and should be submitted on or before July 11, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.17 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–11941 Filed 6–19–07; 8:45 am] BILLING CODE 8010–01–P SMALL BUSINESS ADMINISTRATION rwilkins on PROD1PC63 with NOTICES The U.S. Small Business Administration, National Small Business Development Centers Advisory Board will be hosting a public meeting via conference call to discuss such matters that may be presented by members, the staff of the U.S. Small Business Administration, and interested others. The conference call will be held Paper Comments on Tuesday, July 17, 2007 at 1 p.m. • Send paper comments in triplicate Eastern Standard Time. The purpose of to Nancy M. Morris, Secretary, the meeting is to discuss the upcoming Securities and Exchange Commission, Ohio Site Visit and the current draft of 100 F Street, NE., Washington, DC the proposed White Paper. Anyone 20549–1090. wishing to make an oral presentation to All submissions should refer to File the Board must contact Erika Fischer, Number SR–NYSE–2007–51. This file Senior Program Analyst, U.S. Small number should be included on the Business Administration, Office of subject line if e-mail is used. To help the Small Business Development Centers, Commission process and review your 409 3rd Street, SW., Washington, DC comments more efficiently, please use 20416, telephone (202) 205–7045 or fax only one method. The Commission will (202) 481–0681. post all comments on the Commission’s Matthew Teague, Internet Web site (https://www.sec.gov/ Committee Management Officer. rules/sro/shtml). Copies of the submission, all subsequent [FR Doc. E7–11900 Filed 6–19–07; 8:45 am] amendments, all written statements BILLING CODE 8025–01–P with respect to the proposed rule change that are filed with the SMALL BUSINESS ADMINISTRATION Commission, and all written communications relating to the National Small Business Development proposed rule change between the Commission and any person, other than Center Advisory Board; Public Meeting those that may be withheld from the The U.S. Small Business public in accordance with the Administration, National Small provisions of 5 U.S.C. 552, will be Business Development Center Advisory available for inspection and copying in Board will hold a federal public meeting the Commission’s Public Reference on Monday, July 9, 2007 at 4 p.m. Room. Copies of such filing will also be Eastern Standard Time. The meeting available for inspection and copying at will take place at the Ohio Department of Development, 77 South High Street, 16 For purposes only of waiving the operative 31st Floor Board Room, Columbus, Ohio delay for this proposal, theCommission has 43215. The purpose of the meeting is to considered the proposed rule’s impact on VerDate Aug<31>2005 18:25 Jun 19, 2007 Jkt 211001 discuss the current draft of the White Paper; Board business, and the forthcoming National Association of SBDC annual conference. Anyone wishing to be present must contact Erika Fischer, Senior Program Analyst, U.S. Small Business Administration, Office of Small Business Development Centers, 409 3rd Street, SW., Washington, DC 20416, telephone (202) 205–7045 or fax (202) 481–0681. Matthew Teague, Committee Management Officer. [FR Doc. E7–11901 Filed 6–19–07; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF STATE [Public Notice 5838] National Small Business Development Center Advisory Board; Public Meeting Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send e-mail to rulecomments@sec.gov. Please include File Number SR–NYSE–2007–51 on the subject line. efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 34059 17 17 PO 00000 CFR 200.30–3(a)(12). Frm 00093 Fmt 4703 Sfmt 4703 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 the Department of State has imposed statutory debarment pursuant to 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, as amended, (‘‘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(g)(4), prohibits the Department of State from issuing licenses or other approvals for the export of defense articles or defense services 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. E:\FR\FM\20JNN1.SGM 20JNN1 rwilkins on PROD1PC63 with NOTICES 34060 Federal Register / Vol. 72, No. 118 / Wednesday, June 20, 2007 / Notices 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. 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-bycase 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 as of the date of their AECA conviction: VerDate Aug<31>2005 18:25 Jun 19, 2007 Jkt 211001 (1) Reinhard Rusli, April 27, 2007, U.S. District Court, District of Maryland, Case #CCB–06–0439. (2) Helmi Soedirdja, April 27, 2007, U.S. District Court, District of Maryland, Case #CCB–06–0439. (3) Ibrahim Amran, May 3, 2007, U.S. District Court, Eastern District of Michigan, Case #06CR20183–2. (4) David Beecroft, December 20, 2006, U.S. District Court, Eastern District of Michigan, Case #06CR20183– 4. (5) Ignatius Soeharli, April 27, 2007, U.S. District Court, Eastern District of Michigan, Case #06CR20183–3. (6) Hadianto Djuliarso, May 11, 2007, U.S. District Court, Eastern District of Michigan, Case #06CR20183–1. (7) Ronald W. Wiseman, October 27, 2006, U.S. District Court, District of Columbia, Case #05–0152–01(JR). (8) Phong Hoang, July 27, 2006, U.S. District Court, District of Montana, Case #CR 05–170–GF–SEH–02. (9) State Metals Industries, Inc., October 27, 2006, U.S. District Court, District of New Jersey, Case #2:06–CR– 442–JLL. (10) Romeo Dibattista (a.k.a. Romero Dibattista), January 10, 2006, U.S. District Court, Southern District of Florida, Case #05–20764–CR–KING. (11) Luciano Dibattista, January 10, 2006, U.S. District Court, Southern District of Florida, Case #05–20764–CR– KING. 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., §§ 120.1(c) and (d), and 127.11(a)). Also, under § 127.1(c) of the ITAR, any person who has knowledge that another person 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 has a direct or indirect interest therein. 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 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 Courts mentioned above and by citing the court case number where provided. Dated: June 7, 2007. Michael W. Coulter, Acting Assistant Secretary for PoliticalMilitary Affairs, Department of State. [FR Doc. E7–11991 Filed 6–19–07; 8:45 am] BILLING CODE 4710–25–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2007–27357] Commercial Driver’s License Advisory Committee Federal Motor Carrier Safety Administration, DOT. ACTION: Notice of meeting. AGENCY: SUMMARY: This notice sets forth the schedule for an additional meeting of the Commercial Driver’s License (CDL) Advisory Committee. Pursuant to section 4135 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU), the Secretary of Transportation established this advisory committee to study and address current impediments and foreseeable challenges to the commercial driver’s license program’s effectiveness and measures needed to realize the full safety potential of the commercial driver’s license program. Members of the advisory committee include State motor vehicle administrators, organizations representing government agencies or officials, members of the Judicial Conference, representatives of the trucking industry, representatives of labor organizations, and safety advocates. The meeting will be held on July 11–12, 2007. Time: The meeting is scheduled to be conducted from 8:30 a.m. until 5 p.m. The meeting may end early or be extended based on the length of the discussions. DATES: The committee’s meetings are held at the Hilton Arlington, 950 North Stafford Street, Arlington, Virginia 22203. You may submit comments, identified by DOT DMS Docket Number FMCSA–2007–27357, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Agency Web Site: https:// dms.dot.gov. Follow the instructions for submitting comments on the DOT ADDRESSES: E:\FR\FM\20JNN1.SGM 20JNN1

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[Federal Register Volume 72, Number 118 (Wednesday, June 20, 2007)]
[Notices]
[Pages 34059-34060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11991]


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DEPARTMENT OF STATE

[Public Notice 5838]


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 the Department of State has 
imposed statutory debarment pursuant to 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, as amended, (``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(g)(4), prohibits the Department of State from issuing licenses or 
other approvals for the export of defense articles or defense services 
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.

[[Page 34060]]

    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. 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-case 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 as of the date 
of their AECA conviction:
    (1) Reinhard Rusli, April 27, 2007, U.S. District Court, District 
of Maryland, Case CCB-06-0439.
    (2) Helmi Soedirdja, April 27, 2007, U.S. District Court, District 
of Maryland, Case CCB-06-0439.
    (3) Ibrahim Amran, May 3, 2007, U.S. District Court, Eastern 
District of Michigan, Case 06CR20183-2.
    (4) David Beecroft, December 20, 2006, U.S. District Court, Eastern 
District of Michigan, Case 06CR20183-4.
    (5) Ignatius Soeharli, April 27, 2007, U.S. District Court, Eastern 
District of Michigan, Case 06CR20183-3.
    (6) Hadianto Djuliarso, May 11, 2007, U.S. District Court, Eastern 
District of Michigan, Case 06CR20183-1.
    (7) Ronald W. Wiseman, October 27, 2006, U.S. District Court, 
District of Columbia, Case 05-0152-01(JR).
    (8) Phong Hoang, July 27, 2006, U.S. District Court, District of 
Montana, Case CR 05-170-GF-SEH-02.
    (9) State Metals Industries, Inc., October 27, 2006, U.S. District 
Court, District of New Jersey, Case 2:06-CR-442-JLL.
    (10) Romeo Dibattista (a.k.a. Romero Dibattista), January 10, 2006, 
U.S. District Court, Southern District of Florida, Case 05-
20764-CR-KING.
    (11) Luciano Dibattista, January 10, 2006, U.S. District Court, 
Southern District of Florida, Case 05-20764-CR-KING.
    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., Sec. Sec.  120.1(c) and 
(d), and 127.11(a)). Also, under Sec.  127.1(c) of the ITAR, any person 
who has knowledge that another person 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 has a direct or indirect interest therein.
    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: June 7, 2007.
Michael W. Coulter,
Acting Assistant Secretary for Political-Military Affairs, Department 
of State.
 [FR Doc. E7-11991 Filed 6-19-07; 8:45 am]
BILLING CODE 4710-25-P
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