Bureau of Political-Military Affairs; Statutory Debarment Under the Arms Export Control Act and the International Traffic in Arms Regulations, 51885-51886 [E7-17905]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Notices]
[Pages 51885-51886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17905]


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DEPARTMENT OF STATE

[Public Notice 5931]


Bureau of Political-Military Affairs; Statutory Debarment Under 
the Arms Export Control Act and the International Traffic in Arms 
Regulations

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Department of State has 
imposed statutory debarment pursuant to Sec.  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).

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) 663-2980.

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.
    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) Leib Kohn, May 22, 2007, U.S. District Court, District of 
Connecticut, Case  3:04CR125.
    (2) Electro-Glass Products, July 13, 2007, U.S. District Court, 
District of Pennsylvania, Case 06-00117-001.
    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), 
and 127.11(a)). Also, under Section 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

[[Page 51886]]

written approval from the Directorate of Defense Trade Controls, 
participate, directly or indirectly, in any export in which such 
ineligible person may benefit therefrom, or have 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 
provided.

    Dated: August 27, 2007.
Michael W. Coulter,
Acting Assistant Secretary, Bureau of Political-Military Affairs, 
Department of State.
 [FR Doc. E7-17905 Filed 9-10-07; 8:45 am]
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