Bureau of Political-Military Affairs; Statutory Debarment Under the Arms Export Control Act and the International Traffic in Arms Regulations, 70642-70643 [E7-24068]

Download as PDF 70642 Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Notices For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.8 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–23971 Filed 12–11–07; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF STATE [Public Notice 6023] Bureau of Political-Military Affairs; Statutory Debarment Under the Arms Export Control Act and the International Traffic in Arms Regulations mstockstill on PROD1PC66 with NOTICES 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). 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. 8 17 CFR 200.30–3(a)(12). VerDate Aug<31>2005 15:54 Dec 11, 2007 Jkt 214001 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: (1) L&M Manufacturing Corporation, May 22, 2007, U.S. District Court, District of Connecticut, Case #3:04CR125; (2) Nesco NY, Inc., May 22, 2007, U.S. District Court, District of Connecticut, Case #3:04CV125; PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 (3) Alejandro Felix-Canez, January 13, 2006, U.S. District Court, District of Arizona, Case #CR05–00965–002– PHX–ROS; (4) Yssouf Diabate, May 9, 2007, U.S. District Court, Southern District California, Case #06CR2161–LAB; (5) Ronald W. Wiseman, November 1, 2006, U.S. District Court, District of Columbia, Case #05–0152–01(JR); (6) Gustavo Gonzalez, Jr., November 3, 2006, U.S. District Court, Southern District of Texas, Case #1:06CR00529–001; (7) Carlos Ivan Deblas, February 6, 2007, U.S. District Court, Southern District of Texas, Case #1:06CR00663–001; (8) Francisco Jimenez Briceno, February 6, 2007, District Court, Southern District of Texas, Case #1:06CR00663–002; (9) Balbina Morales-Oscoy, February 21, 2007, District Court, Southern District of Texas, Case #7:06CR00776–001; (10) Pedro Martinez-Carrillo, June 21, 2007, District Court, Southern District of Texas, Case #1:07CR00039–001; (11) Lorenzo Sanchez-Castruita, January 19, 2007, District Court, Western District of Texas, Case #P–06–CR– 213 (01) RAJ; (12) Ovet Chavira, March 5, 2007, District Court, Western District of Texas, Case #4:06–CR–00220–001 RAJ; (13) Miguel Loya, May 29, 2007, District Court, Western District of Texas, Case #4:06–CR–00279–001; and (14) Jeffrey Roll, June 8, 2007, District Court, Southern District of Indiana, Case #1:07CR00014–001. As noted above, at the end of the threeyear period following the date of conviction, the above named persons 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 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 E:\FR\FM\12DEN1.SGM 12DEN1 Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Notices 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: October 29, 2007. Stephen D. Mull, Acting Assistant Secretary for PoliticalMilitary Affairs, Department of State. [FR Doc. E7–24068 Filed 12–11–07; 8:45 am] BILLING CODE 4710–25–P DEPARTMENT OF TRANSPORTATION • Closing Plenary Session (Other Business, Establish Agenda, Date and Place of Next Meeting, Adjourn). Attendance is open to the interested public but limited to space availability. Pre-Registration for this meeting is not required for attendance but is desired and can be done through the RTCA secretariat. With the approval of the chairmen, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC, on December 5, 2007. Francisco Estrada C., RTCA Advisory Committee. [FR Doc. 07–6020 Filed 12–11–07; 8:45 am] Federal Aviation Administration BILLING CODE 4910–13–M Fifth Meeting, Special Committee 212, Helicopter Terrain Awareness and Warning System (HTWAS) DEPARTMENT OF TRANSPORTATION Federal Aviation Administration (FAA), DOT. ACTION: Notice of RTCA Special Committee 212, Helicopter Terrain Awareness and Warning System (HTWAS). mstockstill on PROD1PC66 with NOTICES AGENCY: Surface Transportation Board [STB Finance Docket No. 35105] Union Pacific Railroad Company— Temporary Trackage Rights Exemption—BNSF Railway Company BNSF Railway Company (BNSF), SUMMARY: The FAA is issuing this notice pursuant to a written trackage rights to advise the public of RTCA Special agreement entered into between BNSF Committee 212, Helicopter Terrain and Union Pacific Railroad Company Awareness and Warning System (UP), has agreed to grant temporary (HTWAS). overhead trackage rights to UP, to expire DATES: The meeting will be held January on or about March 18, 2008, over BNSF’s lines between Hobart, CA 11, 2008, from 9 a.m.–5 p.m. (milepost 144.5), and Riverside, CA ADDRESSES: The meeting will be held at (milepost 10.6), a total distance of RTCA Inc., 1828 L Street, NW., Suite approximately 55 miles.1 805, Washington, DC 20036. The transaction is scheduled to be FOR FURTHER INFORMATION CONTACT: consummated on January 2, 2008. The RTCA Secretariat, 1828 L Street, NW., purpose of the temporary overhead Suite 805, Washington, DC 20036; trackage rights is to allow UP to telephone (202) 833–9339; fax (202) facilitate maintenance work on its lines. 833–9434; Web site https://www.rtca.org. As a condition to this exemption, any employees affected by the acquisition of SUPPLEMENTARY INFORMATION: Pursuant the temporary trackage rights will be to section 10(a)(2) of the Federal protected by the conditions imposed in Advisory Committee Act (Pub. L. 92– Norfolk and Western Ry. Co.—Trackage 463, 5 U.S.C., Appendix 2), notice is Rights—BN, 354 I.C.C. 605 (1978), as hereby given for a Special Committee modified in Mendocino Coast Ry., Inc.— 212 meeting. The agenda will include: Lease and Operate, 360 I.C.C. 653 • January 11: • Opening Plenary Session (Welcome, (1980), and any employees affected by the discontinuance of those trackage Introductions, and Administrative rights will be protected by the Remarks, Agenda Overview). conditions set out in Oregon Short Line • Approve the minutes from the 4th R. Co.—Abandonment—Goshen, 360 Plenary Meeting (December 5, 2007). • Discuss/Resolve comments from the I.C.C. 91 (1979). final review and comments (FRAC) of 1 UP states that the total mileage does not the draft HTAWS MOPS Document. correspond to the milepost designations of the • Approve the draft HTAWS MOPS endpoints because the trackage rights involve BNSF document for RTCA PMC consideration. subdivisions with non-contiguous mileposts. VerDate Aug<31>2005 15:54 Dec 11, 2007 Jkt 214001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 70643 This notice is filed under 49 CFR 1180.2(d)(8). If it contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the transaction. Any stay petition must be filed on or before December 19, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35105, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on Gabriel S. Meyer, Assistant General Attorney, Union Pacific Railroad Company, 1400 Douglas Street, STOP 1580, Omaha, NE 68179. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: December 5, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–23916 Filed 12–11–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–New (LGY Surveys)] Proposed Information Collection Activity: Proposed Collection; Comment Request Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. AGENCY: SUMMARY: The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed new collection, and allow 60 days for public comment in response to the notice. This notice solicits comments for information needed to determine veterans and lenders satisfaction with VA Loan Guaranty Service. DATES: Written comments and recommendations on the proposed E:\FR\FM\12DEN1.SGM 12DEN1

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[Federal Register Volume 72, Number 238 (Wednesday, December 12, 2007)]
[Notices]
[Pages 70642-70643]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24068]


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DEPARTMENT OF STATE

[Public Notice 6023]


 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 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) L&M Manufacturing Corporation, May 22, 2007, U.S. District Court, 
District of Connecticut, Case 3:04CR125;
(2) Nesco NY, Inc., May 22, 2007, U.S. District Court, District of 
Connecticut, Case 3:04CV125;
(3) Alejandro Felix-Canez, January 13, 2006, U.S. District Court, 
District of Arizona, Case CR05-00965-002-PHX-ROS;
(4) Yssouf Diabate, May 9, 2007, U.S. District Court, Southern District 
California, Case 06CR2161-LAB;
(5) Ronald W. Wiseman, November 1, 2006, U.S. District Court, District 
of Columbia, Case 05-0152-01(JR);
(6) Gustavo Gonzalez, Jr., November 3, 2006, U.S. District Court, 
Southern District of Texas, Case 1:06CR00529-001;
(7) Carlos Ivan Deblas, February 6, 2007, U.S. District Court, Southern 
District of Texas, Case 1:06CR00663-001;
(8) Francisco Jimenez Briceno, February 6, 2007, District Court, 
Southern District of Texas, Case 1:06CR00663-002;
(9) Balbina Morales-Oscoy, February 21, 2007, District Court, Southern 
District of Texas, Case 7:06CR00776-001;
(10) Pedro Martinez-Carrillo, June 21, 2007, District Court, Southern 
District of Texas, Case 1:07CR00039-001;
(11) Lorenzo Sanchez-Castruita, January 19, 2007, District Court, 
Western District of Texas, Case P-06-CR-213 (01) RAJ;
(12) Ovet Chavira, March 5, 2007, District Court, Western District of 
Texas, Case 4:06-CR-00220-001 RAJ;
(13) Miguel Loya, May 29, 2007, District Court, Western District of 
Texas, Case 4:06-CR-00279-001; and
(14) Jeffrey Roll, June 8, 2007, District Court, Southern District of 
Indiana, Case 1:07CR00014-001.

As noted above, at the end of the three-year period following the date 
of conviction, the above named persons 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 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

[[Page 70643]]

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: October 29, 2007.
Stephen D. Mull,
Acting Assistant Secretary for Political-Military Affairs, Department 
of State.
[FR Doc. E7-24068 Filed 12-11-07; 8:45 am]
BILLING CODE 4710-25-P