Bureau of Political-Military Affairs; Rescission of Statutory Debarment of Dennis Haag Under the International Traffic in Arms Regulations, 54502 [2021-21372]

Download as PDF 54502 Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Notices For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.19 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2021–21354 Filed 9–30–21; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF STATE [Public Notice: 11546] Bureau of Political-Military Affairs; Rescission of Statutory Debarment of Dennis Haag Under the International Traffic in Arms Regulations ACTION: Notice. Notice is hereby given that the Department of State has rescinded the statutory debarment of Dennis Haag included in Federal Register notice of April 25, 2018. 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 § 38 of the AECA or 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 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. Mr. Dennis Haag pleaded guilty to violating § 38 of the AECA, and the Department notified the public of the resulting statutory debarment imposed pursuant to ITAR 127.7(c) via notice on April 25, 2018 (83 FR 18112). The notice provided that he and other debarred persons were ‘‘prohibited from participating directly or indirectly in activities that are regulated by the ITAR.’’ In accordance with ITAR 127.7(b), reinstatement may only be approved SUMMARY: 19 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 18:04 Sep 30, 2021 Jkt 256001 after submission of a request by the debarred party. In response to such a request from the debarred person for reinstatement, the Department has conducted a thorough review of the circumstances surrounding his conviction and has determined that he has taken appropriate steps to address the causes of the violations sufficient to warrant rescission of his 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 Mr. Dennis Haag, and the Department hereby rescinds the notice of his statutory debarment. The Department notes that the Federal Register notice of debarment for the debarred party stated that ‘‘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 of Section 38(g)(4) of the AECA have been satisfied.’’ (See 83 FR 18112). 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 different from those warranting the revocation of export privileges. The Department may find, as it does in this instance, 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 Dennis Haag but does not provide notice of reinstatement of export privileges 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 debarred persons 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. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 Any determination by the Department regarding the reinstatement of export privileges with respect to any debarred persons will be made in accordance with the statutory and regulatory requirements and will be the subject of a separate notice. All otherwise eligible persons may engage in exports of defense articles manufactured by him, or that incorporate any of his manufactured items into defense articles for export, or otherwise engage in transactions subject to the ITAR without providing prior written notification of his involvement as otherwise required by ITAR 127.1(d) and the transaction exception requirements of the Federal Register notice of statutory debarment. Timothy Betts, Acting Assistant Secretary, Bureau of Political-Military Affairs. [FR Doc. 2021–21372 Filed 9–30–21; 8:45 am] BILLING CODE 4710–25–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2020–1157] Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Commercial Space Transportation Licensing Regulations Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on January 13, 2021. The collection involves information used to make a safety determination on proposed modifications and renewals of expendable launch vehicles. The information to be collected will be used to make licensing determinations. DATES: Written comments should be submitted by November 1, 2021. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting SUMMARY: E:\FR\FM\01OCN1.SGM 01OCN1

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[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Notices]
[Page 54502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21372]


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DEPARTMENT OF STATE

[Public Notice: 11546]


Bureau of Political-Military Affairs; Rescission of Statutory 
Debarment of Dennis Haag Under the International Traffic in Arms 
Regulations

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Department of State has 
rescinded the statutory debarment of Dennis Haag included in Federal 
Register notice of April 25, 2018.

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 Sec.  38 of the AECA or 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.
    Mr. Dennis Haag pleaded guilty to violating Sec.  38 of the AECA, 
and the Department notified the public of the resulting statutory 
debarment imposed pursuant to ITAR 127.7(c) via notice on April 25, 
2018 (83 FR 18112). The notice provided that he and other debarred 
persons were ``prohibited from participating directly or indirectly in 
activities that are regulated by the ITAR.''
    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 debarred person for reinstatement, 
the Department has conducted a thorough review of the circumstances 
surrounding his conviction and has determined that he has taken 
appropriate steps to address the causes of the violations sufficient to 
warrant rescission of his 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 Mr. Dennis Haag, and the Department 
hereby rescinds the notice of his statutory debarment.
    The Department notes that the Federal Register notice of debarment 
for the debarred party stated that ``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 of Section 38(g)(4) of the AECA 
have been satisfied.'' (See 83 FR 18112). The Department is no longer 
requiring that export privileges be reinstated pursuant to ITAR 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 different from those warranting 
the revocation of export privileges. The Department may find, as it 
does in this instance, 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 Sec.  38(g)(4) of the 
AECA).
    This notice rescinds the statutory debarment of Dennis Haag but 
does not provide notice of reinstatement of export privileges pursuant 
to the statutory requirements of Sec.  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 debarred persons 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 with respect to any debarred persons 
will be made in accordance with the statutory and regulatory 
requirements and will be the subject of a separate notice. All 
otherwise eligible persons may engage in exports of defense articles 
manufactured by him, or that incorporate any of his manufactured items 
into defense articles for export, or otherwise engage in transactions 
subject to the ITAR without providing prior written notification of his 
involvement as otherwise required by ITAR 127.1(d) and the transaction 
exception requirements of the Federal Register notice of statutory 
debarment.

Timothy Betts,
Acting Assistant Secretary, Bureau of Political-Military Affairs.
[FR Doc. 2021-21372 Filed 9-30-21; 8:45 am]
BILLING CODE 4710-25-P