Statutory Debarment Under the Arms Export Control Act and the International Traffic in Arms Regulations; Correction, 39967-39968 [2020-14053]

Download as PDF Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices DEPARTMENT OF STATE DEPARTMENT OF STATE [Public Notice: 11146] [Public Notice: 11153] Statutory Debarment Under the Arms Export Control Act and the International Traffic in Arms Regulations; Correction khammond on DSKJM1Z7X2PROD with NOTICES Commission on Unalienable Rights; Notice of Open Meeting The Members of the Commission on Unalienable Rights (‘‘Commission’’) will meet from 2:00 p.m. until 3:00 p.m. on Thursday, July 16, to present the Commission’s proposed Report to the public. The meeting will be in Philadelphia at the National Constitution Center, 525 Arch Street, Independence Mall. Doors will open at 1:30 p.m. The Secretary of State will attend, and there will not be late seating available for the meeting. The conclusion of the meeting will start a two-week public comment period on the Report ending July 30 at midnight. An electronic facsimile of the report will be posted on the Commission’s web page: www.state.gov/ commission-on-unalienable-rights on July 16. The final Report, following a consideration of the comments received, will be posted to the Commission’s website after the conclusion of the public comment period. This meeting is open to the public, though seating is limited and on a firstcome-first-served basis. To register for the meeting, members of the public planning to attend must, no later than July 7, provide their full name and email address to RSVPCommission@state.gov. Requests for reasonable accommodation should be made at the same time as the notification. Late requests will be considered, but might not be possible to fulfill. Email addresses are collected for purposes of notification, should the meeting be postponed or cancelled due to weather or other exigencies. This announcement may appear in the Federal Register less than 15 days prior to the meeting. The Department of State finds that there is an exceptional circumstance in that this advisory committee meeting must be held on July 16 due to the Secretary’s schedule. For additional information, please contact Duncan Walker, Policy Planning Staff, at (202) 647–2236/3490, orwalkerdh3@state.gov. Duncan H. Walker, Designated Federal Officer, Department of State. [FR Doc. 2020–14339 Filed 7–1–20; 8:45 am] BILLING CODE 4710–10–P VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 ACTION: Notice; correction. The Department of State is correcting Public Notice 11118 published in the Federal Register on May 20, 2020 imposing statutory debarment under the International Traffic in Arms Regulations (‘‘ITAR’’) on persons convicted of violating, or conspiracy to violate, the Arms Export Control Act (AECA). The effective date for the imposition of statutory debarment remains May 20, 2020. FOR FURTHER INFORMATION CONTACT: Jae E. Shin, Director, Office of Defense Trade Controls Compliance, Bureau of Political-Military Affairs, Department of State at (202) 632–2107. SUPPLEMENTARY INFORMATION: The primary purpose of this correction is to clarify Department policy as previously noted in Federal Register notice 84 FR 26500 (June 6, 2019). In FR Doc. 2020–10862, published on May 20, 2020, on page 30783, in the second column, through the end of the notice on page 30784, in the second column, the SUPPLEMENTARY INFORMATION section is corrected to read as follows: SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA, 22 U.S.C. 2778(g)(4), restricts the Department of State from issuing licenses 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 section 38 of the AECA. The Department refers to this restriction as a limitation on ‘‘export privileges,’’ and implements it through § 127.11 of the ITAR. The statute and regulations permit the President to make certain exceptions to the restriction on export privileges on a case-by-case basis. Section 127.7(b) of the ITAR also provides for ‘‘statutory debarment’’ of any person who has been convicted of violating or conspiring to violate the AECA. Under this policy, persons subject to statutory debarment are prohibited from participating directly or indirectly in any activities that are regulated by the ITAR. 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. SUMMARY: PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 39967 It is the policy of the Department of State that statutory debarment as described in § 127.7 of the ITAR lasts for a three year period following the date of conviction. Reinstatement from the policy of statutory debarment is not automatic, and in all cases the debarred person must submit a request to the Department of State and be approved for reinstatement from statutory debarment before engaging in any activities subject to the ITAR. Department of State policy permits debarred persons to apply to the Director, Office of Defense Trade Controls Compliance, for reinstatement from statutory debarment beginning one year after the date of the debarment. In response to a request for reinstatement from statutory debarment, the Department may determine either to rescind only the statutory debarment pursuant to § 127.7(b), or to both rescind the statutory debarment pursuant to § 127.7(b) and reinstate export privileges as described in § 127.11 of the ITAR. See 84 FR 7411 for discussion on the Department’s policy regarding actions to both rescind the statutory debarment and reinstate export privileges. The reinstatement of export privileges can be made only after the statutory requirements of section 38(g)(4) of the AECA have been satisfied. Certain exceptions, known as transaction exceptions, may be made to this debarment determination on a caseby-case basis. 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 from statutory debarment. Pursuant to section 38(g)(4) of the AECA and § 127.7(b) and (c)(1) of the ITAR, the following persons, having been convicted in a U.S. District Court, are denied export privileges and are statutorily debarred as of May 20, 2020 (Name; Date of Judgment; Judicial District; Case No.; Month/Year of Birth): (1) Asad-Ghanem, Rami Najm (aka Ghanem, Rami Najm); August 19, 2019; Central District of California; 2:15–cr–00704; June 1966. E:\FR\FM\02JYN1.SGM 02JYN1 39968 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES (2) Boyko, Gennadiy; December 7, 2018; Northern District of Georgia; 1:16–cr–00338; February 1970. (3) Browning, Scott Douglas; August 9, 2019; Eastern District of North Carolina; 5:18–cr–00036; April 1977. (4) Brunt, Paul Stuart; March 1, 2019; Western District of Washington; 2:18–cr– 00025; February 1966. (5) Chehade, Walid; May 8, 2019; Western District of Michigan; 1:17–cr–00263; July 1981. (6) Dequarto, Dominick; December 5, 2018; Middle District of Florida; 8:18–cr–00320; December 1965. (7) Diab, Hicham; June 11, 2019; Western District of Washington; 2:18–cr–00282; July 1976. (8) El Mir, Nafez; June 11, 2019; Western District of Washington; 2:18–cr–00282; November 1967. (9) Heubschmann, Andy Lloyd; December 17, 2019; Eastern District of Wisconsin; 1:19– cr–00119; November 1959. (10) Joseph, Junior Joel; April 12, 2019; Southern District of Florida; 9:18–cr–80139; February 1978. (11) Peterson, John James; November 18, 2019; Southern District of Florida; 1:19–cr– 20442; February 1959. (12) Prezas, Julian; November 3, 2017; Western District of Texas; 5:16–cr–00040; January 1980. (13) Rodriguez, Chris; October 18, 2019; Eastern District of Virginia; 1:19–cr–00153; April 1962. (14) Ruchtein, Sergio; October 29, 2019; Eastern District of Pennsylvania; 2:19–cr– 00309; October 1967. (15) Saiag, Allexander (aka Saiag, Alexandre); November 22, 2019; Eastern District of New York; 1:19–cr–00129; September 1986. (16) Saidi, Abdul Majid; March 15, 2019; Western District of Michigan; 1:17–cr–00263; March 1976. (17) Shapovalov, Michael (aka Mikhail Shapovalov); May 29, 2018; District of Connecticut; 3:17–cr–00272; November 1986. (18) Sheng, Zimo; December 14, 2018; Eastern District of Wisconsin; 2:18–cr–00108; August 1989. (19) Srivaranon, Apichart; April 15, 2019; District of Maryland; 8:16–cr–00542; February 1985. (20) Taylor, Maurice; July 22, 2019; Southern District of Mississippi; 3:18–cr– 00260; October 1985. (21) Tishchenko, Oleg Mikhaylovich; June 21, 2019; District of Utah; 1:16–cr–00034; April 1977. (22) Zamarron-Luna, Carlos Antonio; October 19, 2019; Southern District of Texas; 7:18–cr–01043; March 1967. (23) Zuppone, Brunella; November 18, 2019; Southern District of Florida; 1:19–cr– 20442; May 1952. At the end of the three-year period following the date of conviction, the above named persons remain debarred unless a request for reinstatement from statutory debarment is approved by the Department of State. Pursuant to § 120.1(c) of the ITAR, debarred persons are generally ineligible VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 to participate in activity regulated under the ITAR. Also, under § 127.1(d) of the ITAR, any person who has knowledge that another person is ineligible pursuant to § 120.1(c)(2) of the ITAR may not, without disclosure to and written approval from the Directorate of Defense Trade Controls, participate, directly or indirectly, in any ITARcontrolled transaction where such ineligible person may obtain 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 any export from or temporary import into the United States of defense articles, 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 where provided. R. Clarke Cooper, Assistant Secretary, Bureau of Political Military Affairs, Department of State. [FR Doc. 2020–14053 Filed 7–1–20; 8:45 am] BILLING CODE 4710–25–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36416] TFG Transport, LLC—Acquisition Exemption—Decatur Central Railroad, LLC TFG Transport, LLC (TFGT), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Decatur Central Railroad, LLC (DCRR) an approximately 16-mile rail line 1 extending from milepost 12.11 in Cisco, Ill., to milepost 27.63 in Decatur, Ill. (the Line).2 According to the verified notice of exemption, TFGT is a subsidiary of Topflight Grain Cooperative, Inc. (Topflight). TFGT states that Topflight and OmniTRAX Holdings Combined, Inc. (the sole members of DCRR) have executed a dissolution agreement to dissolve and distribute the assets of DCRR. TFGT states that pursuant to this dissolution agreement, TFGT will 1 TGFT states that it will also acquire appurtenant land and ancillary trackage. 2 In Decatur Central Railroad—Acquisition & Operation Exemption—Topflight Grain Cooperative, FD 36139 (STB served Sept. 14, 2017), the Line was described as having the same mileposts as TFGT states here and being approximately 15.52 miles long. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 acquire the Line and assume the associated common carrier obligations. TFGT states that while no common carrier operations are currently conducted on the Line, it will provide service as needed through contractual arrangements with third party operators. TFGT certifies that its projected annual revenues are not expected to exceed $5 million and will not exceed those that would qualify it as a Class III rail carrier. TFGT further certifies that the proposed transaction does not involve any provision or agreement that would limit future interchange with a third-party connecting carrier. The transaction may be consummated on or after July 16, 2020, the effective date of the exemption (30 days after the verified notice was filed). If the verified notice 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 exemption. Petitions to stay must be filed no later than July 9, 2020 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36416, must be filed with the Surface Transportation Board either via e-filing or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on TFGT’s representative, Deanna S. Mool, Heyl, Royster, Voelker & Allen, 3731 Wabash Avenue, PO Box 9678, Springfield, IL 62791–9678. According to TFGT, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b)(1). Board decisions and notices are available at www.stb.gov. Decided: June 29, 2020. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2020–14302 Filed 7–1–20; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36407] Mississippi Southern Railroad, LLC— Operation Exemption with Interchange Commitment—The Kansas City Southern Railway Company Mississippi Southern Railroad, LLC (MSR), a Class III railroad, has filed a E:\FR\FM\02JYN1.SGM 02JYN1

Agencies

[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Notices]
[Pages 39967-39968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14053]


-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 11146]


Statutory Debarment Under the Arms Export Control Act and the 
International Traffic in Arms Regulations; Correction

ACTION: Notice; correction.

-----------------------------------------------------------------------

SUMMARY: The Department of State is correcting Public Notice 11118 
published in the Federal Register on May 20, 2020 imposing statutory 
debarment under the International Traffic in Arms Regulations 
(``ITAR'') on persons convicted of violating, or conspiracy to violate, 
the Arms Export Control Act (AECA). The effective date for the 
imposition of statutory debarment remains May 20, 2020.

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

SUPPLEMENTARY INFORMATION: The primary purpose of this correction is to 
clarify Department policy as previously noted in Federal Register 
notice 84 FR 26500 (June 6, 2019).
    In FR Doc. 2020-10862, published on May 20, 2020, on page 30783, in 
the second column, through the end of the notice on page 30784, in the 
second column, the SUPPLEMENTARY INFORMATION section is corrected to 
read as follows:
SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA, 22 U.S.C. 
2778(g)(4), restricts the Department of State from issuing licenses 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 section 38 of the AECA. The Department refers to 
this restriction as a limitation on ``export privileges,'' and 
implements it through Sec.  127.11 of the ITAR. The statute and 
regulations permit the President to make certain exceptions to the 
restriction on export privileges on a case-by-case basis. Section 
127.7(b) of the ITAR also provides for ``statutory debarment'' of any 
person who has been convicted of violating or conspiring to violate the 
AECA. Under this policy, persons subject to statutory debarment are 
prohibited from participating directly or indirectly in any activities 
that are regulated by the ITAR.
    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.
    It is the policy of the Department of State that statutory 
debarment as described in Sec.  127.7 of the ITAR lasts for a three 
year period following the date of conviction. Reinstatement from the 
policy of statutory debarment is not automatic, and in all cases the 
debarred person must submit a request to the Department of State and be 
approved for reinstatement from statutory debarment before engaging in 
any activities subject to the ITAR.
    Department of State policy permits debarred persons to apply to the 
Director, Office of Defense Trade Controls Compliance, for 
reinstatement from statutory debarment beginning one year after the 
date of the debarment. In response to a request for reinstatement from 
statutory debarment, the Department may determine either to rescind 
only the statutory debarment pursuant to Sec.  127.7(b), or to both 
rescind the statutory debarment pursuant to Sec.  127.7(b) and 
reinstate export privileges as described in Sec.  127.11 of the ITAR. 
See 84 FR 7411 for discussion on the Department's policy regarding 
actions to both rescind the statutory debarment and reinstate export 
privileges. The reinstatement of export privileges can be made only 
after the statutory requirements of section 38(g)(4) of the AECA have 
been satisfied.
    Certain exceptions, known as transaction exceptions, may be made to 
this debarment determination on a case-by-case basis. 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 from 
statutory debarment.
    Pursuant to section 38(g)(4) of the AECA and Sec.  127.7(b) and 
(c)(1) of the ITAR, the following persons, having been convicted in a 
U.S. District Court, are denied export privileges and are statutorily 
debarred as of May 20, 2020 (Name; Date of Judgment; Judicial District; 
Case No.; Month/Year of Birth):

    (1) Asad-Ghanem, Rami Najm (aka Ghanem, Rami Najm); August 19, 
2019; Central District of California; 2:15-cr-00704; June 1966.

[[Page 39968]]

    (2) Boyko, Gennadiy; December 7, 2018; Northern District of 
Georgia; 1:16-cr-00338; February 1970.
    (3) Browning, Scott Douglas; August 9, 2019; Eastern District of 
North Carolina; 5:18-cr-00036; April 1977.
    (4) Brunt, Paul Stuart; March 1, 2019; Western District of 
Washington; 2:18-cr-00025; February 1966.
    (5) Chehade, Walid; May 8, 2019; Western District of Michigan; 
1:17-cr-00263; July 1981.
    (6) Dequarto, Dominick; December 5, 2018; Middle District of 
Florida; 8:18-cr-00320; December 1965.
    (7) Diab, Hicham; June 11, 2019; Western District of Washington; 
2:18-cr-00282; July 1976.
    (8) El Mir, Nafez; June 11, 2019; Western District of 
Washington; 2:18-cr-00282; November 1967.
    (9) Heubschmann, Andy Lloyd; December 17, 2019; Eastern District 
of Wisconsin; 1:19-cr-00119; November 1959.
    (10) Joseph, Junior Joel; April 12, 2019; Southern District of 
Florida; 9:18-cr-80139; February 1978.
    (11) Peterson, John James; November 18, 2019; Southern District 
of Florida; 1:19-cr-20442; February 1959.
    (12) Prezas, Julian; November 3, 2017; Western District of 
Texas; 5:16-cr-00040; January 1980.
    (13) Rodriguez, Chris; October 18, 2019; Eastern District of 
Virginia; 1:19-cr-00153; April 1962.
    (14) Ruchtein, Sergio; October 29, 2019; Eastern District of 
Pennsylvania; 2:19-cr-00309; October 1967.
    (15) Saiag, Allexander (aka Saiag, Alexandre); November 22, 
2019; Eastern District of New York; 1:19-cr-00129; September 1986.
    (16) Saidi, Abdul Majid; March 15, 2019; Western District of 
Michigan; 1:17-cr-00263; March 1976.
    (17) Shapovalov, Michael (aka Mikhail Shapovalov); May 29, 2018; 
District of Connecticut; 3:17-cr-00272; November 1986.
    (18) Sheng, Zimo; December 14, 2018; Eastern District of 
Wisconsin; 2:18-cr-00108; August 1989.
    (19) Srivaranon, Apichart; April 15, 2019; District of Maryland; 
8:16-cr-00542; February 1985.
    (20) Taylor, Maurice; July 22, 2019; Southern District of 
Mississippi; 3:18-cr-00260; October 1985.
    (21) Tishchenko, Oleg Mikhaylovich; June 21, 2019; District of 
Utah; 1:16-cr-00034; April 1977.
    (22) Zamarron-Luna, Carlos Antonio; October 19, 2019; Southern 
District of Texas; 7:18-cr-01043; March 1967.
    (23) Zuppone, Brunella; November 18, 2019; Southern District of 
Florida; 1:19-cr-20442; May 1952.

    At the end of the three-year period following the date of 
conviction, the above named persons remain debarred unless a request 
for reinstatement from statutory debarment is approved by the 
Department of State.
    Pursuant to Sec.  120.1(c) of the ITAR, debarred persons are 
generally ineligible to participate in activity regulated under the 
ITAR. Also, under Sec.  127.1(d) of the ITAR, any person who has 
knowledge that another person is ineligible pursuant to Sec.  
120.1(c)(2) of the ITAR may not, without disclosure to and written 
approval from the Directorate of Defense Trade Controls, participate, 
directly or indirectly, in any ITAR-controlled transaction where such 
ineligible person may obtain 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 any export from or temporary import into 
the United States of defense articles, 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 
where provided.

R. Clarke Cooper,
Assistant Secretary, Bureau of Political Military Affairs, Department 
of State.
[FR Doc. 2020-14053 Filed 7-1-20; 8:45 am]
BILLING CODE 4710-25-P
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