Bureau of Political-Military Affairs; Rescission of Statutory Debarment of Jami Siraj Choudhury, David Michael Janowski II, Netria Corporation, Jonathan Robert Reynolds, and State Metal Industries, Inc. Under the International Traffic in Arms Regulations, 2802-2803 [2020-00656]

Download as PDF 2802 Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices Comments and source information must be submitted by February 18, 2020. ADDRESSES: You may submit comments and source information via the Federal Rulemaking Portal at https:// www.regulations.gov. If you wish to submit confidential business information (CBI) as defined in the User Notice at https://www.regulations.gov, please submit the information to Carol Hulme, Program Analyst, Office of Government Contracting, U.S. Small Business Administration, 409 Third Street SW, 8th Floor, Washington, DC 20416. Highlight the information that you consider to be CBI, and explain why you believe this information should be held confidential. SBA will review the information and make a final determination as to whether the information will be published. FOR FURTHER INFORMATION CONTACT: Carol Hulme, Program Analyst, by telephone at 202–205–6347; or by email at Carol-Ann.Hulme@sba.gov. SUPPLEMENTARY INFORMATION: Sections 8(a)(17) and 46 of the Small Business Act (Act), 15 U.S.C. 637(a)(17) and 657s, and SBA’s implementing regulations, found at 13 CFR 121.406, require that recipients of Federal supply contracts (except those valued between $3,500 and $250,000) set aside for small business, SDVOSB,WOSB, EDWOSB, HUBZone, BD program participants, provide the product of a small business manufacturer or processor if the recipient of the set-aside is not the actual manufacturer or processor of the product. This requirement is commonly referred to as the Nonmanufacturer Rule (NMR). 13 CFR 121.406(b). Sections 8(a)(17)(B)(iv)(II) and 46(a)(4)(B) of the Act authorize SBA to waive the NMR for a ‘‘class of products’’ for which there are no small business manufacturers or processors available to participate in the Federal market. As implemented in SBA’s regulations at 13 CFR 121.1202(c), in order to be considered available to participate in the Federal market for a class of products, a small business manufacturer must have submitted a proposal for a contract solicitation or been awarded a contract to supply the class of products within the last 24 months. The SBA defines ‘‘class of products’’ based on a combination of (1) the sixdigit NAICS code, (2) the four-digit PSC, and (3) a description of the class of products. The SBA invites the public to comment on this pending request to waive the NMR for the following items: Manufactured kettlebells, rubber machine balls, Olympic weight plates, khammond on DSKJM1Z7X2PROD with NOTICES DATES: VerDate Sep<11>2014 17:49 Jan 15, 2020 Jkt 250001 stretch bands, and spring collars. The public may comment or provide source information on any small business manufacturers of this class of products that are available to participate in the Federal market. The public comment period will run for 30 days after the date of publication in the Federal Register. More information on the NMR and class waivers can be found at https:// www.sba.gov/contracting/contractingofficials/non-manufacturer-rule/nonmanufacturer-waivers. David Loines, Director, Office of Government Contracting. [FR Doc. 2020–00454 Filed 1–15–20; 8:45 am] BILLING CODE P DEPARTMENT OF STATE [Public Notice: 11002] Bureau of Political-Military Affairs; Rescission of Statutory Debarment of Jami Siraj Choudhury, David Michael Janowski II, Netria Corporation, Jonathan Robert Reynolds, and State Metal Industries, Inc. Under the International Traffic in Arms Regulations Notice is hereby given that the Department of State has rescinded the statutory debarments of Jami Siraj Choudhury included in Federal Register notice of April 2, 2004, David Michael Janowski II included in Federal Register notice of August 25, 2009, Netria Corporation included in Federal Register notice of April 25, 2018, Jonathan Robert Reynolds included in Federal Register notice of September 3, 2003, and State Metal Industries, Inc. included in Federal Register notice of June 20, 2007. The aforementioned parties are hereinafter individually and collectively referred to as ‘‘the Parties.’’ DATES: This recission is effective on January 16, 2020. FOR FURTHER INFORMATION CONTACT: Jae Shin, Director, Office of Defense Trade Controls Compliance, Bureau of Political-Military Affairs, Department of State (202) 632–2107. SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the Arms Export Control Act (AECA), 22 U.S.C. 2778(g)(4), prohibits the issuance of 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 the AECA and certain other U.S. criminal statues enumerated in § 38(g)(1) of the AECA. In addition, § 127.7(b) of the International Traffic in Arms Regulations (ITAR) provides for the statutory debarment of SUMMARY: PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 any person who has been convicted of violating or conspiring to violate the AECA. As stated in this provision, it is the policy of the Department not to consider applications for licenses or requests for approvals involving any person who has been statutorily debarred. Persons subject to statutory debarment are prohibited from participating directly or indirectly in any activities that are subject to the ITAR. Each of the Parties pleaded guilty to violating the AECA, and the Department notified the public of the respective Parties’ statutory debarments imposed pursuant to ITAR § 127.7(c) via notices in the Federal Register. The notices provided that the Parties were ‘‘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.’’ In accordance with ITAR § 127.7(b), reinstatement may only be approved after submission of a request by the debarred party. In response to such a request from the Parties for reinstatement, the Department has conducted a thorough review of the circumstances surrounding each of the Parties’ convictions, and has determined that the Parties have individually taken appropriate steps to address the causes of the violations sufficient to warrant rescission of their respective notice of statutory debarment. Therefore, pursuant to ITAR § 127.7(b), the Department determines it is no longer in the national security and foreign policy interests of the United States to maintain the policy as applied to the Parties, and the Department hereby rescinds the notice of the Parties’ statutory debarment. The Department notes that the Federal Register notice of debarment for each of the Parties stated that ‘‘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 § 38(g)(4) of the AECA. Unless export privileges are reinstated, however, the person remains debarred.’’ (See respective FRN). The Department is no longer requiring that export privileges be reinstated pursuant to ITAR § 127.11 and § 38(g)(4) of the AECA prior to the rescission of statutory debarment. This change in policy recognizes that the circumstances warranting statutory debarment may be E:\FR\FM\16JAN1.SGM 16JAN1 Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices different from those warranting the revocation of export privileges. The Department may find, as it does with regard to each of the Parties, that the national security and foreign policy interests of the United States are not advanced by maintaining the Department-imposed ITAR § 127.7(b) prohibition on persons convicted of violating or conspiring to violate the AECA from ‘‘participating directly or indirectly in any activities that are subject to [the ITAR]’’ and where the debarred person may not meet the requirements of ITAR § 127.11(b) (implementing the restrictions of § 38(g)(4) of the AECA). This notice rescinds the statutory debarment of each of the Parties but does not provide notice of reinstatement of export privileges for each of the Parties pursuant to the statutory requirements of § 38(g)(4) of the AECA and ITAR § 127.11. As required by the statute, the Department may not issue a license directly to any of the Parties except as may be determined on a caseby-case basis after interagency consultations, a thorough review of the circumstances surrounding the conviction, and a finding that appropriate steps have been taken to mitigate any law enforcement concerns. Any determination by the Department regarding the reinstatement of export privileges for each of the Parties will be made in accordance with these statutory and regulatory requirements and will be the subject of a separate notice. All otherwise eligible persons may engage in exports of any of the Parties’ manufactured defense articles, incorporate any of the Parties’ manufactured items into defense articles for export, or otherwise engage in transactions subject to the ITAR without providing prior written notification of the Parties’ involvement as otherwise required by ITAR § 127.1(d) and the transaction exception requirements of the Federal Register notice of statutory debarment. Dated: December 16, 2019. R. Clarke Cooper, Assistant Secretary, Bureau of PoliticalMilitary Affairs, Department of State. khammond on DSKJM1Z7X2PROD with NOTICES [FR Doc. 2020–00656 Filed 1–15–20; 8:45 am] BILLING CODE 4710–25–P VerDate Sep<11>2014 17:49 Jan 15, 2020 Jkt 250001 DEPARTMENT OF STATE [Public Notice 11004] Advisory Committee on Historical Diplomatic Documentation—Notice of Closed and Open Meetings for 2020 The Advisory Committee on Historical Diplomatic Documentation will meet on March 2, June 15, September 14, and December 7, 2020, in open session to discuss unclassified matters concerning declassification and transfer of Department of State records to the National Archives and Records Administration and the status of the Foreign Relations series. The Committee will meet in open session from 11:00 a.m. until noon in SA–4D Conference Room 109, Department of State, 2300 E Street NW, Washington DC, 20372 (Potomac Navy Hill Annex), on all four dates. RSVP and requests for reasonable accommodation should be sent as directed below: • March 2, not later than February 24, 2020. • June 15, not later than June 8, 2020. • September 14, not later than September 7, 2020. • December 7, not later than November 30, 2020. Closed Sessions. The Committee’s sessions in the afternoon of Monday, March 2, 2020; in the morning of Tuesday, March 3; in the afternoon of Monday, June 15, 2020; in the morning of Tuesday, June 16, 2020; in the afternoon of Monday, September 14, 2020; in the morning of Tuesday, September 15, 2020; in the afternoon of Monday, December 7, 2020; and in the morning of Tuesday, December 8, 2020, will be closed in accordance with Section 10(d) of the Federal Advisory Committee Act (Pub. L. 92–463). The agenda calls for discussions of agency declassification decisions concerning the Foreign Relations series and other declassification issues. These are matters properly classified and not subject to public disclosure under 5 U.S.C. 552b(c)(1) and the public interest requires that such activities be withheld from disclosure. RSVP Instructions. Prior notification and a valid government-issued photo ID (such as driver’s license, passport, U.S. Government or military ID) are required for entrance into the Department of State building. Members of the public planning to attend the open meetings should RSVP, by the dates indicated above, to Julie Fort, Office of the Historian (202–955–0214). When responding, please provide date of birth, valid government-issued photo identification number and type (such as driver’s license number/state, passport PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 2803 number/country, or U.S. Government ID number/agency or military ID number/ branch), and relevant telephone numbers. If you cannot provide one of the specified forms of ID, please consult with Julie Fort for acceptable alternative forms of picture identification. Personal data is requested pursuant to Public Law 99–399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107–56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to validate the identity of individuals who enter Department facilities. The data will be entered into the Visitor Access Control System (VACS–D) database. Please see the Security Records System of Records Notice (State-36) at https:// www.state.gov/wp-content/uploads/ 2019/05/Security-Records-STATE36.pdf, for additional information. Questions concerning the meeting should be directed to Adam M. Howard, Executive Secretary, Advisory Committee on Historical Diplomatic Documentation, Department of State, Office of the Historian, Washington, DC 20372, telephone (202) 955–0214, (email history@state.gov). Note that requests for reasonable accommodation received after the dates indicated in this notice will be considered but might not be possible to fulfill. Adam M. Howard, Executive Secretary, Advisory Committee on Historical, Diplomatic Documentation, Department of State. [FR Doc. 2020–00629 Filed 1–15–20; 8:45 am] BILLING CODE 4710–11–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36368] Soo Line Corporation—Control— Central Maine & Quebec Railway, Inc. Surface Transportation Board. Decision No. 1 in Docket No. FD 36368; Notice of Acceptance of Application; Issuance of Procedural Schedule. AGENCY: ACTION: The Surface Transportation Board (Board) is accepting for consideration the application filed on December 17, 2019, by Soo Line Corporation (Soo Line Corp.) and Central Maine & Quebec Railway US Inc. (CMQR US) (collectively, Applicants). The application seeks Board approval for Soo Line Corp., an indirect wholly owned holding company subsidiary of Canadian Pacific Railway Company (CP), to acquire SUMMARY: E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2802-2803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00656]


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DEPARTMENT OF STATE

[Public Notice: 11002]


Bureau of Political-Military Affairs; Rescission of Statutory 
Debarment of Jami Siraj Choudhury, David Michael Janowski II, Netria 
Corporation, Jonathan Robert Reynolds, and State Metal Industries, Inc. 
Under the International Traffic in Arms Regulations

SUMMARY: Notice is hereby given that the Department of State has 
rescinded the statutory debarments of Jami Siraj Choudhury included in 
Federal Register notice of April 2, 2004, David Michael Janowski II 
included in Federal Register notice of August 25, 2009, Netria 
Corporation included in Federal Register notice of April 25, 2018, 
Jonathan Robert Reynolds included in Federal Register notice of 
September 3, 2003, and State Metal Industries, Inc. included in Federal 
Register notice of June 20, 2007. The aforementioned parties are 
hereinafter individually and collectively referred to as ``the 
Parties.''

DATES: This recission is effective on January 16, 2020.

FOR FURTHER INFORMATION CONTACT: Jae Shin, Director, Office of Defense 
Trade Controls Compliance, Bureau of Political-Military Affairs, 
Department of State (202) 632-2107.

SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the Arms Export Control 
Act (AECA), 22 U.S.C. 2778(g)(4), prohibits the issuance of 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 the AECA and certain other U.S. criminal statues enumerated 
in Sec.  38(g)(1) of the AECA. In addition, Sec.  127.7(b) of the 
International Traffic in Arms Regulations (ITAR) provides for the 
statutory debarment of any person who has been convicted of violating 
or conspiring to violate the AECA. As stated in this provision, it is 
the policy of the Department not to consider applications for licenses 
or requests for approvals involving any person who has been statutorily 
debarred. Persons subject to statutory debarment are prohibited from 
participating directly or indirectly in any activities that are subject 
to the ITAR.
    Each of the Parties pleaded guilty to violating the AECA, and the 
Department notified the public of the respective Parties' statutory 
debarments imposed pursuant to ITAR Sec.  127.7(c) via notices in the 
Federal Register. The notices provided that the Parties were 
``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.''
    In accordance with ITAR Sec.  127.7(b), reinstatement may only be 
approved after submission of a request by the debarred party. In 
response to such a request from the Parties for reinstatement, the 
Department has conducted a thorough review of the circumstances 
surrounding each of the Parties' convictions, and has determined that 
the Parties have individually taken appropriate steps to address the 
causes of the violations sufficient to warrant rescission of their 
respective notice of statutory debarment. Therefore, pursuant to ITAR 
Sec.  127.7(b), the Department determines it is no longer in the 
national security and foreign policy interests of the United States to 
maintain the policy as applied to the Parties, and the Department 
hereby rescinds the notice of the Parties' statutory debarment.
    The Department notes that the Federal Register notice of debarment 
for each of the Parties stated that ``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 Sec.  38(g)(4) of the AECA. Unless export 
privileges are reinstated, however, the person remains debarred.'' (See 
respective FRN). The Department is no longer requiring that export 
privileges be reinstated pursuant to ITAR Sec.  127.11 and Sec.  
38(g)(4) of the AECA prior to the rescission of statutory debarment. 
This change in policy recognizes that the circumstances warranting 
statutory debarment may be

[[Page 2803]]

different from those warranting the revocation of export privileges. 
The Department may find, as it does with regard to each of the Parties, 
that the national security and foreign policy interests of the United 
States are not advanced by maintaining the Department-imposed ITAR 
Sec.  127.7(b) prohibition on persons convicted of violating or 
conspiring to violate the AECA from ``participating directly or 
indirectly in any activities that are subject to [the ITAR]'' and where 
the debarred person may not meet the requirements of ITAR Sec.  
127.11(b) (implementing the restrictions of Sec.  38(g)(4) of the 
AECA).
    This notice rescinds the statutory debarment of each of the Parties 
but does not provide notice of reinstatement of export privileges for 
each of the Parties pursuant to the statutory requirements of Sec.  
38(g)(4) of the AECA and ITAR Sec.  127.11. As required by the statute, 
the Department may not issue a license directly to any of the Parties 
except as may be determined on a case-by-case basis after interagency 
consultations, a thorough review of the circumstances surrounding the 
conviction, and a finding that appropriate steps have been taken to 
mitigate any law enforcement concerns. Any determination by the 
Department regarding the reinstatement of export privileges for each of 
the Parties will be made in accordance with these statutory and 
regulatory requirements and will be the subject of a separate notice. 
All otherwise eligible persons may engage in exports of any of the 
Parties' manufactured defense articles, incorporate any of the Parties' 
manufactured items into defense articles for export, or otherwise 
engage in transactions subject to the ITAR without providing prior 
written notification of the Parties' involvement as otherwise required 
by ITAR Sec.  127.1(d) and the transaction exception requirements of 
the Federal Register notice of statutory debarment.

    Dated: December 16, 2019.
R. Clarke Cooper,
Assistant Secretary, Bureau of Political-Military Affairs, Department 
of State.
[FR Doc. 2020-00656 Filed 1-15-20; 8:45 am]
BILLING CODE 4710-25-P