Bureau of Political-Military Affairs; Administrative Debarment of LeAnne Lesmeister Under the Arms Export Control Act and the International Traffic in Arms Regulations, 72745-72746 [2013-28917]

Download as PDF Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Notices Totals ........................................................................................................ 2. Agreement to Sell Property—20 CFR 416.1240–1245—0960–0127. Individuals or couples who are otherwise eligible for Supplemental Security Income (SSI) payments but whose resources exceed the allowable limit may receive conditional payments if they agree to dispose of the excess Frequency of response Average burden per response (minutes) ........................ ........................ Number of respondents Modality of completion 541,000 non-liquid resources and make repayments. SSA uses Form SSA–8060– U3 to document this agreement, and to ensure the individuals understand their obligations. Respondents are applicants for and recipients of SSI payments who will be disposing of excess non-liquid resources. 72745 Estimated total annual burden (hours) 541,000 Note: We inadvertently posted the incorrect burden hours on September 12, 2013 at 78 FR 56265, we are correcting the error here. Type of Request: Revision of an OMBapproved information collection. Modality of Completion Number of respondents Frequency of response Average burden per response (minutes) Estimated total annual burden (hours) SSA–8060–U3 ................................................................................................. 20,000 1 10 3,333 3. Development for Participation in a Vocational Rehabilitation or Similar Program—20 CFR 404.316(c), 404.337(c), 404.352(d), 404.1586(g), 404.1596, 404.1597(a), 404.327, 404.328, 416.1338(c)(d), 416.1320(d), 416.1331(a)–(b), and 416.1338–0960– 0282. State Disability Determination Services (DDS) must determine if Social Security disability payment recipients whose disability ceased and who participate in vocational rehabilitation programs may continue to receive disability payments. To do this, DDSs need information about the recipients, the types of program participation, and the services they receive under the rehabilitation program. SSA uses Form SSA–4290 to collect this information. The respondents are State employment networks, vocational rehabilitation agencies, or other providers of educational or job training services. Type of Request: Revision of an OMBapproved information collection. Modality of completion Number of respondents Frequency of response Average burden per response (minutes) Estimated total annual burden (hours) SSA–4290 ........................................................................................................ 3,000 1 15 750 Date: November 26, 2013. Faye Lipsky, Reports Clearance Director, Social Security Administration. [FR Doc. 2013–28823 Filed 12–2–13; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF STATE [Public Notice 8540] emcdonald on DSK67QTVN1PROD with NOTICES Bureau of Political-Military Affairs; Administrative Debarment of LeAnne Lesmeister Under the Arms Export Control Act and the International Traffic in Arms Regulations ACTION: Notice. Notice is hereby given that the Department of State has imposed administrative debarment pursuant to section 127.7(a) of the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120 to 130) on LeAnne Lesmeister. SUMMARY: VerDate Mar<15>2010 19:00 Dec 02, 2013 Jkt 232001 Effective Date: November 25, 2013. (Date of signature of the Order) FOR FURTHER INFORMATION CONTACT: Sue Gainor, Director, Office of Defense Trade Controls Compliance, Bureau of Political-Military Affairs, Department of State (202) 632–2798. SUPPLEMENTARY INFORMATION: The International Traffic in Arms Regulations (‘‘ITAR’’), the implementing regulations of Section 38 of the Arms Export Control Act, as amended, (‘‘AECA’’) (22 U.S.C. 2778), regulate the export and temporary import of defense articles and defense services. Section 127.7(a) of the ITAR authorizes the Assistant Secretary of State for PoliticalMilitary Affairs to debar any person who has been found, pursuant to part 128 of the ITAR, to have committed a violation of the AECA or the ITAR of such character as to provide a reasonable basis for the Directorate of Defense Trade Controls to believe that the violator cannot be relied upon to comply with the AECA or ITAR in the future. Such debarment prohibits the DATES: PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 subject from participating directly or indirectly in any activities that are subject to the ITAR. Debarred persons are generally ineligible to participate in activity regulated under the ITAR (see e.g., sections 120.1(c) and (d), 126.7, 127.1(d), and 127.11(a)). The Department of State applies a presumption of denial for licenses or other approvals involving such persons as described in ITAR section 127.11. Pursuant to section 38 of the AECA and section 128.3 of the ITAR, on July 15, 2013, the Department of State initiated administrative proceedings, by means of a charging letter, against LeAnne Lesmeister to impose debarment in accordance with section 127.7 of the ITAR. (The United States Department of State, Docket # 13–DOS– 0001). Ms. Lesmeister was charged with twenty-one violations in connection with the creation and use of export control documents containing false statements or omitting and misrepresenting material facts for the E:\FR\FM\03DEN1.SGM 03DEN1 emcdonald on DSK67QTVN1PROD with NOTICES 72746 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Notices purpose of exporting, retransferring, or furnishing defense articles, technical data, or defense services, and causing the unauthorized export of technical data and provision of defense services, all in violation of section 38 of the AECA and section 127 of the ITAR. Ms. Lesmeister, by and through her position of authority as an export compliance officer and empowered official at Honeywell International, Inc., created export control documents purporting to be authorized by the Department of State and presented those fabrications to her employer as valid Department of State authorizations. In this manner, Ms. Lesmeister caused her employer to rely on the falsified authorizations in the export of defense articles, including technical data, and provision of defense services without the requisite authorizations, all in violation of the AECA and ITAR. Due to Ms. Lesmeister’s failure to answer the charges as provided in section 128.5(a) of the ITAR, the Department referred the case to an Administrative Law Judge for consideration, in accordance with section 128.4 of the ITAR. Pursuant to section 128.3 of the ITAR and the Default Order of the Administrative Law Judge, dated October 29, 2013, Ms. Lesmeister’s failure to answer the charges constituted an admission of the truth of the charges. Section 128.4 of the ITAR provides for a respondent’s ability to petition to set aside defaults upon showing good cause; however, the filing of such a petition does not in any manner affect an order entered upon default and such order continues in full force and effect unless a further order is made modifying or terminating it. On November 25, 2013, as the result of the established violations and pursuant to section 127.7 of the ITAR, LeAnne Lesmeister was administratively debarred by the Assistant Secretary of State for PoliticalMilitary Affairs for a period of three years, until November 25, 2016; Reinstatement after November 25, 2016 is not automatic. At the end of the debarment period, Ms. Lesmeister may apply for reinstatement. Until licensing privileges are reinstated, Ms. Lesmeister will remain debarred. No civil penalties have been imposed at this time. This notice is provided to make the public aware that the person listed above is 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. VerDate Mar<15>2010 17:36 Dec 02, 2013 Jkt 232001 Further, pursuant to section 120.1(d) of the ITAR, persons with knowledge that another person is ineligible must obtain authorization from the Directorate of Defense Trade Controls prior to, directly or indirectly and in any manner or capacity, applying for, obtaining, or using any export control document for such ineligible person, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing or participating in any manner in any transaction that may involve any defense article, which includes technical data, defense services, or brokering activities, where such ineligible person may obtain any benefit therefrom or have any direct or indirect interest therein. Exceptions may be made to this denial policy on a case-by-case basis at the discretion of the Directorate of Defense Trade Controls. 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 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 law enforcement concerns. 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 Procedures Act. Because the exercise of this foreign affairs function is highly discretionary, it is excluded from review under the Administrative Procedures Act. Dated: November 25, 2013. Tom Kelly, Acting Assistant Secretary, Bureau of Political-Military Affairs, Department of State. [FR Doc. 2013–28917 Filed 12–2–13; 8:45 am] BILLING CODE 4710–25–P Telecommunication Advisory Committee (ITAC) to review the activities of the committee over the last quarter and prepare for activities in the next quarter. The ITAC will meet on December 19, 2013 at 2 p.m. EST to review the preparations for and outcomes of international telecommunications meetings of the International Telecommunication Union, the InterAmerican Telecommunications Commission, the Organization for Economic Cooperation and Development, and the Asia Pacific Economic Cooperation Telecommunications and Information Working Group over the last quarter, and announce preparations for similar activities for the next quarter. In particular, preparations for the World Telecommunications Development Conference, the Plenipotentiary Conference, and the Ten year review of implementation of the World Summit on the Information Society outcomes will be discussed. Details on this ITAC meeting, including the meeting location, will be announced on the Department of State’s email list, ITAC@lmlist.state.gov. Use of the ITAC list is limited to meeting announcements and confirmations, distribution of agendas and other relevant meeting documents. Subscription to the ITAC list is open. Persons wishing to participate in the ITAC list, desiring further information on this or other preparatory meetings, including those wishing to request reasonable accommodation to attend the meeting, should contact the Secretariat at minardje@state.gov. Attendance at these meetings is open to the public as seating capacity allows. The public will have an opportunity to provide comments at these meetings at the invitation of the chair. A conference bridge will be provided to those people outside the Washington Metro area who request it from the secretariat. Dated: November 25, 2013. Cecily Holiday, Foreign Affairs Officer, International Communications & Information Policy, U.S. Department of State. [FR Doc. 2013–28919 Filed 12–2–13; 8:45 am] BILLING CODE 4710–07–P DEPARTMENT OF STATE [Public Notice 8539] Activities of the International Telecommunication Advisory Committee and Preparations for Upcoming International Telecommunications Meetings This notice announces a meeting of the Department of State’s International PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Office of the Secretary Application of Corporate Flight Management, Inc., for Commuter Authority AGENCY: E:\FR\FM\03DEN1.SGM Department of Transportation. 03DEN1

Agencies

[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Notices]
[Pages 72745-72746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28917]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 8540]


Bureau of Political-Military Affairs; Administrative Debarment of 
LeAnne Lesmeister 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 administrative debarment pursuant to section 127.7(a) of the 
International Traffic in Arms Regulations (ITAR) (22 CFR parts 120 to 
130) on LeAnne Lesmeister.

DATES: Effective Date: November 25, 2013. (Date of signature of the 
Order)

FOR FURTHER INFORMATION CONTACT: Sue Gainor, Director, Office of 
Defense Trade Controls Compliance, Bureau of Political-Military 
Affairs, Department of State (202) 632-2798.

SUPPLEMENTARY INFORMATION: The International Traffic in Arms 
Regulations (``ITAR''), the implementing regulations of Section 38 of 
the Arms Export Control Act, as amended, (``AECA'') (22 U.S.C. 2778), 
regulate the export and temporary import of defense articles and 
defense services. Section 127.7(a) of the ITAR authorizes the Assistant 
Secretary of State for Political-Military Affairs to debar any person 
who has been found, pursuant to part 128 of the ITAR, to have committed 
a violation of the AECA or the ITAR of such character as to provide a 
reasonable basis for the Directorate of Defense Trade Controls to 
believe that the violator cannot be relied upon to comply with the AECA 
or ITAR in the future. Such debarment prohibits the subject from 
participating directly or indirectly in any activities that are subject 
to the ITAR.
    Debarred persons are generally ineligible to participate in 
activity regulated under the ITAR (see e.g., sections 120.1(c) and (d), 
126.7, 127.1(d), and 127.11(a)). The Department of State applies a 
presumption of denial for licenses or other approvals involving such 
persons as described in ITAR section 127.11.
    Pursuant to section 38 of the AECA and section 128.3 of the ITAR, 
on July 15, 2013, the Department of State initiated administrative 
proceedings, by means of a charging letter, against LeAnne Lesmeister 
to impose debarment in accordance with section 127.7 of the ITAR. (The 
United States Department of State, Docket  13-DOS-0001). Ms. 
Lesmeister was charged with twenty-one violations in connection with 
the creation and use of export control documents containing false 
statements or omitting and misrepresenting material facts for the

[[Page 72746]]

purpose of exporting, retransferring, or furnishing defense articles, 
technical data, or defense services, and causing the unauthorized 
export of technical data and provision of defense services, all in 
violation of section 38 of the AECA and section 127 of the ITAR.
    Ms. Lesmeister, by and through her position of authority as an 
export compliance officer and empowered official at Honeywell 
International, Inc., created export control documents purporting to be 
authorized by the Department of State and presented those fabrications 
to her employer as valid Department of State authorizations. In this 
manner, Ms. Lesmeister caused her employer to rely on the falsified 
authorizations in the export of defense articles, including technical 
data, and provision of defense services without the requisite 
authorizations, all in violation of the AECA and ITAR.
    Due to Ms. Lesmeister's failure to answer the charges as provided 
in section 128.5(a) of the ITAR, the Department referred the case to an 
Administrative Law Judge for consideration, in accordance with section 
128.4 of the ITAR. Pursuant to section 128.3 of the ITAR and the 
Default Order of the Administrative Law Judge, dated October 29, 2013, 
Ms. Lesmeister's failure to answer the charges constituted an admission 
of the truth of the charges.
    Section 128.4 of the ITAR provides for a respondent's ability to 
petition to set aside defaults upon showing good cause; however, the 
filing of such a petition does not in any manner affect an order 
entered upon default and such order continues in full force and effect 
unless a further order is made modifying or terminating it.
    On November 25, 2013, as the result of the established violations 
and pursuant to section 127.7 of the ITAR, LeAnne Lesmeister was 
administratively debarred by the Assistant Secretary of State for 
Political-Military Affairs for a period of three years, until November 
25, 2016; Reinstatement after November 25, 2016 is not automatic. At 
the end of the debarment period, Ms. Lesmeister may apply for 
reinstatement. Until licensing privileges are reinstated, Ms. 
Lesmeister will remain debarred. No civil penalties have been imposed 
at this time.
    This notice is provided to make the public aware that the person 
listed above is 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.
    Further, pursuant to section 120.1(d) of the ITAR, persons with 
knowledge that another person is ineligible must obtain authorization 
from the Directorate of Defense Trade Controls prior to, directly or 
indirectly and in any manner or capacity, applying for, obtaining, or 
using any export control document for such ineligible person, or 
ordering, buying, receiving, using, selling, delivering, storing, 
disposing of, forwarding, transporting, financing, or otherwise 
servicing or participating in any manner in any transaction that may 
involve any defense article, which includes technical data, defense 
services, or brokering activities, where such ineligible person may 
obtain any benefit therefrom or have any direct or indirect interest 
therein.
    Exceptions may be made to this denial policy on a case-by-case 
basis at the discretion of the Directorate of Defense Trade Controls. 
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 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 
law enforcement concerns.
    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 Procedures Act. Because the 
exercise of this foreign affairs function is highly discretionary, it 
is excluded from review under the Administrative Procedures Act.

    Dated: November 25, 2013.
Tom Kelly,
Acting Assistant Secretary, Bureau of Political-Military Affairs, 
Department of State.
[FR Doc. 2013-28917 Filed 12-2-13; 8:45 am]
BILLING CODE 4710-25-P