Bureau of Political-Military Affairs; Administrative Debarment Under the International Traffic in Arms Regulations Involving VTA Telecom Corporation, 35994-35995 [2023-11686]
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Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
defense service valued (in terms of its
original acquisition cost) at
$100,000,000 or more, may only be
reexported under this license for the
purpose of:
i. maintenance, repair, or overhaul
defense services, including the repair of
defense articles used in furnishing such
services, if the reexport will not result
in any increase in the military capability
of the defense articles and services to be
maintained, repaired, or overhauled; or
ii. a temporary reexport of defense
articles for the sole purpose of receiving
maintenance, repair, or overhaul;
(viii) the reexport must take place
wholly within or between the physical
territory of Australia, Canada, or the
United Kingdom;
(ix) any reexport of a defense article
other than technical data is for end use
by, or operation on behalf of, the
Government of Australia, the
Government of Canada, the Government
of the United Kingdom, or the
Government of the United States; and
(x) Open General License No. 2 may
not be utilized by persons to whom a
presumption of denial is applied by
DDTC pursuant to ITAR§ 120.16(c) or
127.11(a), including, among other
reasons, for past convictions of certain
U.S. criminal statutes or because they
are otherwise ineligible to contract with
or receive an export or import license
from an agency of the U.S. Government.
(c) Open General License No. 2 is an
other approval as defined in
ITAR120.57(b), including for purposes
of ITAR part 127. Any reexport that
satisfies the requirements specified
herein may be undertaken pursuant to
Open General License No. 2.
(d) No liability will be incurred by or
attributed to the U.S. Government in
connection with any possible
infringement of privately owned patent
or proprietary rights, either domestic or
foreign, by reason of any reexport
conducted pursuant to Open General
License No. 2.
Entry into Force
Open General License No. 2 is valid
for three years, effective August 1, 2023
through July 31, 2026. The Department
may later consider reissuing Open
General License No. 2 prior to July 31,
2026 and extend the period of validity,
or otherwise amend the license.
Open General License No. 2 is limited
to transactions described herein, all
other transactions subject to the ITAR
require a separate license or approval as
described in the ITAR.
The Department of State approves
Open General License No. 2 pursuant to
ITAR120.22(b) and subject to the
enumerated limitations, provisos, and
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17:37 May 31, 2023
Jkt 259001
requirements as well as the
requirements contained elsewhere in
the ITAR. Open General License No. 2
may not be utilized unless and until
these limitations, provisos, and
requirements have been satisfied.
Please direct any questions regarding
Open General License No. 2 to the
Office of Defense Trade Controls Policy
at telephone (202) 663–1282, or email
DDTCCustomerService@state.gov.
Jessica Lewis Assistant Secretary Bureau
of Political-Military Affairs.
Dated: March 23, 2023.
Jessica Lewis,
Assistant Secretary Bureau of PoliticalMilitary Affairs, Department of State.
[FR Doc. 2023–11678 Filed 5–31–23; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF STATE
[Public Notice: 12068]
Bureau of Political-Military Affairs;
Administrative Debarment Under the
International Traffic in Arms
Regulations Involving VTA Telecom
Corporation
ACTION:
Notice.
Notice is hereby given that
the Department of State has imposed
administrative debarment under the
International Traffic in Arms
Regulations (ITAR) on VTA Telecom
Corporation.
DATES: Debarment imposed as of April
20, 2023.
FOR FURTHER INFORMATION CONTACT: Jae
E. Shin, Director, Office of Defense
Trade Controls Compliance, Bureau of
Political-Military Affairs, Department of
State (202) 632–2107.
SUPPLEMENTARY INFORMATION: Section
127.7(c)(2) 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 Arms Export Control
Act (AECA) when such violation is 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.,
§§ 120.15(b), 120.16, 120.18, 127.1(c),
and 127.11(a)). The Department of State
will not consider applications for
SUMMARY:
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Sfmt 4703
licenses or requests for approvals that
involve any debarred person.
VTA Telecom Corporation (VTA)
violated the ITAR when it without
authorization exported or attempted to
export ITAR-controlled defense articles
including hobby rocket motors, video
trackers, including related technical
data, and a gas turbine engine controlled
under U.S. Munitions List Categories
IV(d)(7), IV(h), IV(h)(11), XII(a), and
XIX(c) to Vietnam, a proscribed country
identified in ITAR 126.1 at the time of
the ITAR violations. In addition, VTA
violated the ITAR by knowingly
providing false statements on the
required end-use statements for the
purpose of causing the export of defense
articles to Vietnam.
On April 20, 2023, VTA entered into
a Consent Agreement with the
Department of State that settled its ITAR
violations and that, pursuant to order of
the Assistant Secretary for PoliticalMilitary Affairs, administratively
debarred the company until April 20,
2026. Reinstatement after April 20,
2026, is not automatic, and it is
contingent on VTA’s full compliance
with the terms of the April 20, 2023,
Consent Agreement. At the end of the
debarment period, VTA may apply for
reinstatement.
This notice is provided to make the
public aware that VTA is prohibited
from participating directly or indirectly
in defense trade, including any
activities subject to the ITAR.
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 may 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 Procedure Act.
Because the exercise of this foreign
affairs function is highly discretionary,
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Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Notices
it is excluded from review under the
Administrative Procedure Act.
Jessica A. Lewis,
Assistant Secretary, Political-Military Affairs
Bureau, Department of State.
[FR Doc. 2023–11686 Filed 5–31–23; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary of
Transportation
Notice of Funding Opportunity for
Letters of Interest for the RRIF Express
Pilot Program Under the Railroad
Rehabilitation & Improvement
Financing Program
Office of the Secretary of
Transportation, Department of
Transportation (the ‘‘DOT’’).
ACTION: Notice of funding opportunity.
AGENCY:
This Notice of Funding
Opportunity (‘‘NOFO’’) for the RRIF
Express Pilot Program (‘‘RRIF Express’’)
expands the ability of eligible borrowers
to access funds by removing the caps on
Cost Assistance for advisor fees and
Credit Risk Premium (‘‘CRP’’)
Assistance, provides greater flexibility
by allowing unaudited financial
statements in lieu of audited financial
statements in certain circumstances, and
makes other clarifications. The NOFO
also implements a sunset date of
December 1, 2023. Following the sunset
date, this NOFO will expire, and all
benefits made available in this Notice
will become available to any eligible
RRIF borrower, consistent with existing
law. All projects that were previously
eligible for RRIF Express financing
remain eligible under this NOFO. The
original NOFO with modifications is in
the SUPPLEMENTARY INFORMATION section.
DATES: Letters of Interest from
prospective RRIF borrowers for RRIF
Express will be accepted on rolling basis
until available funding is expended or
this notice is superseded by another
notice.
Prospective RRIF borrowers that have
previously submitted a Letter of Interest,
but that also seek acceptance into the
RRIF Express Pilot Program should
resubmit a Letter of Interest following
the instructions below. Prospective RRIF
borrowers who previously submitted
Letters of Interest under a preceding
RRIF Express Notice of Funding
Opportunity (published on December
13, 2019, March 16, 2020, June 19, 2020,
or November 27, 2020), and whose
Letters of Interest have not been
returned as ineligible, do not have to re-
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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17:37 May 31, 2023
Jkt 259001
apply, and may amend their Letter of
Interest to take advantage of the
provisions of this NOFO. Prospective
RRIF borrowers whose Letter of Interest
for RRIF Express was returned by the
Bureau with advice on issues to address
in resubmitting a Letter of Interest may
also take advantage of the provisions of
this NOFO while also following the
advice provided.
Irrespective of the above, the Bureau
continues to accept Letters of Interest on
a rolling basis from any prospective
RRIF borrower interested in receiving
RRIF credit assistance only (i.e., without
participation in RRIF Express).
Applicants to RRIF Express
must use the latest version of the Letter
of Interest form available on the Build
America Bureau website: https://
www.transportation.gov/content/buildamerica-bureau (including applicants
who have previously submitted Letters
of Interest and who are now seeking
participation in RRIF Express). Letters
of Interest must be submitted to the
Build America Bureau via email at:
RRIFexpress@dot.gov using the
following subject line: ‘‘Letter of Interest
for RRIF Express Program.’’ Submitters
should receive a confirmation email, but
are advised to request a return receipt to
confirm transmission. Only Letters of
Interest received via email at the above
email address with the subject line
listed above shall be deemed properly
filed.
ADDRESSES:
For
further information regarding this notice
please contact William Resch via email
at william.resch@dot.gov or via
telephone at 202–366–2300. A TDD is
available at 202–366–3993.
FOR FURTHER INFORMATION CONTACT:
RRIF
Express is administered by the DOT’s
National Surface Transportation and
Innovative Finance Bureau (the ‘‘Build
America Bureau’’ or ‘‘Bureau’’). The
overall RRIF program finances
development of railroad infrastructure
and is authorized to have up to $35
billion in outstanding principal
amounts from direct loans and loan
guarantees at any one time.
The 2018 Consolidated
Appropriations Act 1 appropriated $25
million in budget authority to the DOT
to cover the cost to the Federal
Government (the ‘‘Government’’) of
RRIF credit assistance—CRP assistance.
Additionally, the 2016 Consolidated
Appropriations Act 2 and the 2018
SUPPLEMENTARY INFORMATION:
1 Public Law 115–141, div. L, tit. I, H.R. 1625 at
646 (as enrolled Mar. 23, 2018).
2 Public Law 114–113, div. L, tit. I, § 152, 129
Stat. 2242, 2856.
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Fmt 4703
Sfmt 4703
35995
Consolidated Appropriations Act 3
provided $1.96 million and $350,000,
respectively (of which approximately $1
million remains available), to the DOT
to fund certain expenses incurred by
prospective RRIF borrowers in
preparation of their applications for
RRIF credit assistance (this
approximately $1 million assistance,
collectively, ‘‘Cost Assistance’’). Using
existing authorities and these new
budget authorities, the DOT has
established RRIF Express.
Subject to the availability of funds,
applicants accepted into the RRIF
Express Pilot Program may benefit from
two types of financial assistance: (a)
Cost Assistance to pay for any portion
of the Bureau’s advisor expenses borne
by applicants; and (b) for those
applicants that ultimately receive RRIF
credit assistance, CRP Assistance to pay
the CRP normally paid by the borrower.
These funds will be made available to
benefit applicants accepted into RRIF
Express on a first come, first served
basis until each source of funding is
expended or this notice is superseded
by a new Notice of Funding
Opportunity. Letters of Interest will be
accepted in the order received and will
be allocated Cost Assistance based on
the date of acceptance into RRIF
Express. CRP Assistance will be
allocated in the order of financial close.
For more information about potential
financial assistance for RRIF Express
applicants, see SUPPLEMENTARY
INFORMATION: Section II. Funding of CRP
and Cost Assistance.
This notice solicits Letters of Interest
from prospective RRIF borrowers
seeking assistance from RRIF Express,
establishes eligibility criteria, and
describes the process that prospective
borrowers must follow when submitting
Letters of Interest.
RRIF Express information, including
any additional resources, terms,
conditions and requirements when they
become available, can be found on the
Build America Bureau website at:
https://www.transportation.gov/
buildamerica/rrif-express. For further
information about the overall RRIF
program in general, including details
about the types of credit assistance
available, eligibility requirements and
the creditworthiness review process,
please refer to the Build America
Bureau Credit Programs Guide
(‘‘Programs Guide),’’ available on the
Build America Bureau website: https://
www.transportation.gov/buildamerica/
financing/program-guide.
3 Public Law 115–141, div. L, tit. I, H.R. 1625 at
646 (as enrolled Mar. 23, 2018).
E:\FR\FM\01JNN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Notices]
[Pages 35994-35995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11686]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice: 12068]
Bureau of Political-Military Affairs; Administrative Debarment
Under the International Traffic in Arms Regulations Involving VTA
Telecom Corporation
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Department of State has
imposed administrative debarment under the International Traffic in
Arms Regulations (ITAR) on VTA Telecom Corporation.
DATES: Debarment imposed as of April 20, 2023.
FOR FURTHER INFORMATION CONTACT: Jae E. Shin, Director, Office of
Defense Trade Controls Compliance, Bureau of Political-Military
Affairs, Department of State (202) 632-2107.
SUPPLEMENTARY INFORMATION: Section 127.7(c)(2) 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 Arms Export Control Act (AECA) when
such violation is 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., Sec. Sec. 120.15(b),
120.16, 120.18, 127.1(c), and 127.11(a)). The Department of State will
not consider applications for licenses or requests for approvals that
involve any debarred person.
VTA Telecom Corporation (VTA) violated the ITAR when it without
authorization exported or attempted to export ITAR-controlled defense
articles including hobby rocket motors, video trackers, including
related technical data, and a gas turbine engine controlled under U.S.
Munitions List Categories IV(d)(7), IV(h), IV(h)(11), XII(a), and
XIX(c) to Vietnam, a proscribed country identified in ITAR 126.1 at the
time of the ITAR violations. In addition, VTA violated the ITAR by
knowingly providing false statements on the required end-use statements
for the purpose of causing the export of defense articles to Vietnam.
On April 20, 2023, VTA entered into a Consent Agreement with the
Department of State that settled its ITAR violations and that, pursuant
to order of the Assistant Secretary for Political-Military Affairs,
administratively debarred the company until April 20, 2026.
Reinstatement after April 20, 2026, is not automatic, and it is
contingent on VTA's full compliance with the terms of the April 20,
2023, Consent Agreement. At the end of the debarment period, VTA may
apply for reinstatement.
This notice is provided to make the public aware that VTA is
prohibited from participating directly or indirectly in defense trade,
including any activities subject to the ITAR. 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 may
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 Procedure Act. Because the
exercise of this foreign affairs function is highly discretionary,
[[Page 35995]]
it is excluded from review under the Administrative Procedure Act.
Jessica A. Lewis,
Assistant Secretary, Political-Military Affairs Bureau, Department of
State.
[FR Doc. 2023-11686 Filed 5-31-23; 8:45 am]
BILLING CODE 4710-25-P
