Bureau of Political-Military Affairs; Administrative Debarment of Carlos Dominguez, Elint, S.A., Spain Night Vision, S.A., and SNV, S.A. Under the Arms Export Control Act and the International Traffic in Arms Regulations, 35210-35211 [2014-14152]
Download as PDF
35210
Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Notices
Budget (OMB) approval for the
information collection described below.
In accordance with the Paperwork
Reduction Act of 1995, we are
requesting comments on this collection
from all interested individuals and
organizations. The purpose of this
notice is to allow 60 days for public
comment preceding submission of the
collection to OMB.
DATES: The Department will accept
comments from the public up to August
18, 2014.
ADDRESSES: You may submit comments
by any of the following methods:
• Web: Persons with access to the
Internet may use the Federal Docket
Management System (FDMS) to
comment on this notice by going to
www.Regulations.gov. You can search
for the document by entering ‘‘Public
Notice 8768’’ in the Search bar. If
necessary, use the Narrow by Agency
filter option on the Results page.
• Email: passportstudy@state.gov.
You must include the DS form
number (if applicable), information
collection title, and the OMB control
number in any correspondence.
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding the collection
listed in this notice, including requests
for copies of the proposed collection
instrument and supporting documents,
to the Office of Passport Services, who
may be reached at Passportstudy@
state.gov.
emcdonald on DSK67QTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
• Title of Information Collection:
Passport Demand Forecasting Study.
• OMB Control Number: 1405–0177.
• Type of Request: Revision of a
Currently Approved Collection.
• Originating Office: Bureau of
Consular Affairs, Office of Passport
Services.
• Form Number: SV2012–0006.
• Respondents: A national
representative sample of U.S. citizens,
nationals, and any other categories of
individuals that are entitled to a U.S.
passport product.
• Estimated Number of Respondents:
4,000 survey respondents monthly.
• Estimated Number of Responses:
48,000 survey responses annually.
• Average Time per Response:
approximately 10 minutes per survey.
• Total Estimated Burden Time: 8,000
hours.
• Frequency: Monthly.
• Obligation to Respond: Voluntary.
We are soliciting public comments to
permit the Department to:
• Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department.
VerDate Mar<15>2010
17:25 Jun 18, 2014
Jkt 232001
• Evaluate the accuracy of our
estimate of the time and cost burden for
this proposed collection, including the
validity of the methodology and
assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of information
technology.
Please note that comments submitted
in response to this Notice are public
record. Before including any detailed
personal information, you should be
aware that your comments as submitted,
including your personal information,
will be available for public review.
Abstract of Proposed Collection
The Secretary of State is authorized to
issue U.S. passports under 22 U.S.C.
211a. The Department of State, Passport
Services administers the U.S. passport
issuance program and operates passport
agencies and application adjudication
centers throughout the United States. As
part of the Intelligence Reform and
Terrorism Prevention Act of 2004, the
Western Hemisphere Travel Initiative
required the Secretary of Homeland
Security and the Secretary of State to
implement a plan to require all U.S.
citizen and non-citizen nationals to
present a passport and/or other
sufficient documentation when entering
the U.S. from abroad. This resulted in
an increase in demand for U.S.
passports.
The Passport Demand Forecasting
Survey requests information from the
public about the demand for U.S.
passports, anticipated travel, and the
demographic profile of the respondent.
This voluntary survey is conducted on
a monthly basis using responses from a
randomly selected but nationally
representative sample of U.S. nationals
ages 16 and older. The information
obtained from the survey is used to
monitor and project the demand for U.S.
passport books and U.S. passport cards.
The Passport Demand Forecasting
Survey aids the Department of State,
Passport Services in making decisions
about staffing, resource allocation, and
budget planning.
Methodology
The Passport Demand Forecasting
Study uses monthly surveys that will
gather data from a national
representative sample of U.S. citizens
and nationals. Survey delivery
methodologies can include mail,
Internet/Web, telephone, and mix-mode
surveys to ensure the CA/PPT reaches
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
the appropriate audience and leverages
the best research method to obtain valid
responses. The survey data will cover an
estimated 48,000 respondents annually.
Dated: June 6, 2014.
Brenda S. Sprague,
Deputy Assistant Secretary for Passport
Services, Department of State.
[FR Doc. 2014–14362 Filed 6–18–14; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF STATE
[Public Notice 8767]
Bureau of Political-Military Affairs;
Administrative Debarment of Carlos
Dominguez, Elint, S.A., Spain Night
Vision, S.A., and SNV, S.A. 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 Carlos
Dominguez (individually and in his
capacity as principal of the following
entities); Elint, S.A.; Spain Night Vision,
S.A.; and SNV, S.A. (including
successors, assignees, and aliases).
DATES: Effective Date: June 4, 2014 (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 a 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
SUMMARY:
E:\FR\FM\19JNN1.SGM
19JNN1
emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Notices
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
February 14, 2014, the Department of
State initiated administrative
proceedings, by means of a charging
letter, against Carlos Dominguez
(individually and in his capacity as
principal of the following entities);
Elint, S.A.; Spain Night Vision, S.A.;
and SNV, S.A. (including successors,
assignees, and aliases) (Respondents) to
impose debarment in accordance with
Section 127.7 of the ITAR. (The United
States Department of State, Docket#14–
DOS–0001). Respondents were charged
with 366 violations related to the
unauthorized re-export and retransfer of
night vision devices and related
technical data, conspiracy to and
causing of the re-export and retransfer of
defense articles without authorization,
the violation of terms and conditions of
Department authorizations, the
continued engagement in U.S. defense
trade despite ineligibility, the knowing
and willful causation and the
commission of prohibited acts, and the
falsification, misrepresentation and
omission of material facts on an export
control document, all in violation of
Section 38 of the AECA and Section 127
of the ITAR.
Since at least 2008, Respondents have
re-exported and retransferred hundreds
of night vision devices in violation of
Department authorizations and falsified
export control documents. After
multiple unfavorable responses to ‘Blue
Lantern’ end-use inquiries and
subsequent compliance reviews, DTCC
notified Respondents Dominguez and
Elint in September 2009 that they were
ineligible to engage in defense trade.
Shortly thereafter, Dominguez and Elint
changed or established new business
names and engaged third-party
purchasers in order to conceal their
activities and evade detection. Further
re-exports and retransfers of previously
exported defense articles continued
under these new business names, in
violation of the AECA and ITAR.
Due to Respondents’ 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 April
23, 2014, Respondents’ failure to answer
VerDate Mar<15>2010
17:25 Jun 18, 2014
Jkt 232001
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 June 4, 2014, as the result of the
established violations and pursuant to
Section 127.7 of the ITAR, Carlos
Dominguez (individually and in his
capacity as principal of the following
entities); Elint, S.A.; Spain Night Vision,
S.A.; and SNV, S.A. (including
successors, assignees, and aliases) were
administratively debarred by the
Assistant Secretary of State for PoliticalMilitary Affairs for a period of three
years, until June 4, 2014; Reinstatement
after June 4, 2014 is not automatic. At
the end of the debarment period,
Respondents may apply for
reinstatement. Until licensing privileges
are reinstated, Carlos Dominguez
(individually and in his capacity as
principal of the following entities);
Elint, S.A.; Spain Night Vision, S.A.;
and SNV, S.A. (including successors,
assignees, and aliases) will remain
debarred. No civil penalties have been
imposed at this time.
This notice is provided to make the
public aware that the persons listed
above are 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
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
35211
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: June 4, 2014.
Tom Kelly,
Acting Assistant Secretary, Bureau of
Political-Military Affairs, Department of
State.
[FR Doc. 2014–14152 Filed 6–18–14; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Aviation Weather Product Change:
Transition of Select Area Forecasts
(FAs) to Digital and Graphical
Alternatives
Federal Aviation
Administration.
ACTION: Notice.
AGENCY:
The Federal Aviation
Administration (FAA), in coordination
with the National Weather Service
(NWS), will transition seven (7) Area
Forecasts (FAs), currently used as flight
planning and pilot weather briefing
aids, to digital and graphical
alternatives. A joint-agency working
group has concluded that these digital
and graphical alternatives better-meet
the needs of today’s aviation users.
Guidance with respect to the proper use
of these alternatives is forthcoming.
SUMMARY:
Note: Area Forecasts (FAs) for Alaska, the
Caribbean, and the Gulf of Mexico will
remain unaffected at this time.
The Federal Aviation
Administration must receive comments
on or before August 4, 2014. The
Agencies are targeting early 2015 for
transition.
ADDRESSES: Please mail comments
concerning this notice to the NextGen
DATES:
E:\FR\FM\19JNN1.SGM
19JNN1
Agencies
[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Notices]
[Pages 35210-35211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14152]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 8767]
Bureau of Political-Military Affairs; Administrative Debarment of
Carlos Dominguez, Elint, S.A., Spain Night Vision, S.A., and SNV, S.A.
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 Carlos Dominguez (individually and in his capacity as principal
of the following entities); Elint, S.A.; Spain Night Vision, S.A.; and
SNV, S.A. (including successors, assignees, and aliases).
DATES: Effective Date: June 4, 2014 (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 a 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
[[Page 35211]]
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 February 14, 2014, the Department of State initiated administrative
proceedings, by means of a charging letter, against Carlos Dominguez
(individually and in his capacity as principal of the following
entities); Elint, S.A.; Spain Night Vision, S.A.; and SNV, S.A.
(including successors, assignees, and aliases) (Respondents) to impose
debarment in accordance with Section 127.7 of the ITAR. (The United
States Department of State, Docket14-DOS-0001). Respondents
were charged with 366 violations related to the unauthorized re-export
and retransfer of night vision devices and related technical data,
conspiracy to and causing of the re-export and retransfer of defense
articles without authorization, the violation of terms and conditions
of Department authorizations, the continued engagement in U.S. defense
trade despite ineligibility, the knowing and willful causation and the
commission of prohibited acts, and the falsification, misrepresentation
and omission of material facts on an export control document, all in
violation of Section 38 of the AECA and Section 127 of the ITAR.
Since at least 2008, Respondents have re-exported and retransferred
hundreds of night vision devices in violation of Department
authorizations and falsified export control documents. After multiple
unfavorable responses to `Blue Lantern' end-use inquiries and
subsequent compliance reviews, DTCC notified Respondents Dominguez and
Elint in September 2009 that they were ineligible to engage in defense
trade. Shortly thereafter, Dominguez and Elint changed or established
new business names and engaged third-party purchasers in order to
conceal their activities and evade detection. Further re-exports and
retransfers of previously exported defense articles continued under
these new business names, in violation of the AECA and ITAR.
Due to Respondents' 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 April 23, 2014,
Respondents' 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 June 4, 2014, as the result of the established violations and
pursuant to Section 127.7 of the ITAR, Carlos Dominguez (individually
and in his capacity as principal of the following entities); Elint,
S.A.; Spain Night Vision, S.A.; and SNV, S.A. (including successors,
assignees, and aliases) were administratively debarred by the Assistant
Secretary of State for Political-Military Affairs for a period of three
years, until June 4, 2014; Reinstatement after June 4, 2014 is not
automatic. At the end of the debarment period, Respondents may apply
for reinstatement. Until licensing privileges are reinstated, Carlos
Dominguez (individually and in his capacity as principal of the
following entities); Elint, S.A.; Spain Night Vision, S.A.; and SNV,
S.A. (including successors, assignees, and aliases) will remain
debarred. No civil penalties have been imposed at this time.
This notice is provided to make the public aware that the persons
listed above are 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: June 4, 2014.
Tom Kelly,
Acting Assistant Secretary, Bureau of Political-Military Affairs,
Department of State.
[FR Doc. 2014-14152 Filed 6-18-14; 8:45 am]
BILLING CODE 4710-25-P