Bureau of Political-Military Affairs; Statutory Debarment Under the Arms Export Control Act and the International Traffic in Arms Regulations, 39323-39324 [2023-12789]

Download as PDF Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices ACTION: Amendment 5. This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of California (FEMA–4699– DR), dated 04/03/2023. Incident: Severe Winter Storms, Straight-line Winds, Flooding, Landslides, and Mudslides. Incident Period: 02/21/2023 and continuing. DATES: Issued on 06/08/2023. Physical Loan Application Deadline Date: 06/05/2023. Economic Injury (EIDL) Loan Application Deadline Date: 01/03/2024. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Recovery & Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: The notice of the President’s major disaster declaration for Private Non-Profit organizations in the State of California, dated 04/03/2023, is hereby amended to include the following areas as adversely affected by the disaster. Primary Counties: Plumas, Solano, Sonoma. All other information in the original declaration remains unchanged. SUMMARY: (Catalog of Federal Domestic Assistance Number 59008) Francisco Sa´nchez, Jr., Associate Administrator, Office of Disaster Recovery & Resilience. [FR Doc. 2023–12796 Filed 6–14–23; 8:45 am] BILLING CODE 8026–09–P DEPARTMENT OF STATE [Public Notice: 12095] Bureau of Political-Military Affairs; Statutory Debarment 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 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). lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:54 Jun 14, 2023 Debarment imposed as of June 15, 2023. FOR FURTHER INFORMATION CONTACT: Jae E. Shin, Director, Office of Defense Trade Controls Compliance, Bureau of Political-Military Affairs, Department of State: shinje@state.gov, (202) 632–2107. 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 the AECA or certain other statutes, enumerated in section 38 of the AECA, subject to a narrowly defined statutory exception. This provision establishes a presumption of denial for licenses or other approvals involving such persons. The Department refers to this restriction as a limitation on ‘‘export privileges’’ and implements this presumption of denial through section 127.11 of the ITAR. In addition, section 127.7(b) of the ITAR 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 section 127.7(b) of the ITAR lasts for a three-year period following the date of conviction and to prohibit that person from participating directly or indirectly in any activities that are regulated by the ITAR. 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 beginning one year after the date of the statutory debarment. In response to a request for reinstatement from statutory debarment, the Department may determine either to rescind only the statutory debarment pursuant to section 127.7(b), or to both rescind the statutory debarment pursuant to section 127.7(b) DATES: Jkt 259001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 39323 of the ITAR and reinstate export privileges as described in section 127.11 of the ITAR. See 84 FR 7411 (March 4, 2019) for discussion of 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 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 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 section 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 the date of this notice (Name; Date of Judgment; Judicial District; Case No.; Month/Year of Birth): Almendarez, Maria Guadalupe; May 10, 2022; Eastern District of Arkansas; 4:19–cr–00116; December 1980. Bu¨key, Murat; a.k.a. Bukey, Murat; a.k.a. Murat, Recep; March 22, 2023; District of Columbia; 1:18–cr–00129; January 1971. Cassidy, Kevin Jerome; September 13, 2022; District of Arizona; 2:18–cr– 01236; December 1959. Hamade, Usama Darwich; a.k.a. Hamade, Prince Sam; July 22, 2020; District of Minnesota; 0:15–cr–00237; December 1964. Pierson, Andrew Scott; April 29, 2022; Eastern District of Arkansas; 4:19– cr–00116; May 1975. Radionov, Ihor; August 27, 2021; Middle District of Florida; 8:20–cr– 00308; January 1969. Sery, Joe; September 19, 2022; Southern District of California; 3:21–cr– 02898; June 1944. Ugur, Arif; December 16, 2022; District of Massachusetts; 1:21–cr– 10221; January 1969. E:\FR\FM\15JNN1.SGM 15JNN1 39324 Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices Veletanlic, Hany; January 27, 2020; Western District of Washington; 2:18– cr–00162; December 1983. Wu, Tian Min; a.k.a. Wu, Bob; a.k.a. Wu, David; a.k.a. Sones, Graham; a.k.a. Wang, Edward; June 9, 2021; Central District of California; 2:17–cr–00081; April 1965. At the end of the three-year period following the date of this notice, the above-named persons remain debarred unless a request for reinstatement from statutory debarment is approved by the Department of State. Pursuant to section 120.1(c) of the ITAR, debarred persons are generally ineligible to participate in activities regulated under the ITAR. Also, under section 127.1(d) of the ITAR, any person who has knowledge that another person is ineligible pursuant to section 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. Jessica Lewis, Assistant Secretary, Department of State. [FR Doc. 2023–12789 Filed 6–14–23; 8:45 am] BILLING CODE 4710–25–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36676] lotter on DSK11XQN23PROD with NOTICES1 New Jersey Transit Corporation— Acquisition Exemption—Norfolk Southern Railway Company in the Counties of Morris and Warren, N.J. The New Jersey Transit Corporation (NJ Transit), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Norfolk Southern Railway Company (NSR) an approximately 9.15-mile portion of the property commonly known as the Washington Secondary Track in Morris and Warren Counties, N.J., from milepost 48.1 to milepost 57.25 (the VerDate Sep<11>2014 17:54 Jun 14, 2023 Jkt 259001 Line). NJ Transit states that, under the proposed transaction, it would acquire ownership of the Line and NSR would retain an exclusive freight easement preserving NSR’s ability to operate freight service on the entire Washington Secondary Track.1 NJ Transit states that usage of the Line will continue to be governed by the trackage rights agreement (the 1984 Agreement) between NJ Transit and NSR’s predecessor, the Consolidated Rail Corporation.2 According to NJ Transit, it is acquiring the property to support its commuter rail operations. NJ Transit certifies that the proposed transaction does not involve a provision or agreement that would limit future interchange with a third-party connecting carrier. NJ Transit also certifies that, because it will not conduct any rail carrier operations on the Line, its projected annual revenues will not exceed $5 million and will not result in the creation of a Class I or Class II carrier. NJ Transit states that it will consummate the proposed transaction following completion of the proceedings at the Board related to this notice and the related motion to dismiss. The earliest this transaction may be consummated is June 29, 2023, the effective date of the exemption (30 days after the verified notice of exemption 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 for stay must be filed no later than June 22, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36676, must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on NJ Transit’s representative, Charles A. Spitulnik, Kaplan Kirsch & Rockwell LLP, 450 7th Avenue, Suite 1401, New York, NY 10123. According to NJ Transit, this action is categorically excluded from environmental reporting requirements 1 NJ Transit also filed a motion to dismiss the notice of exemption on the grounds that the transaction does not require authorization from the Board. The motion to dismiss will be addressed in a subsequent Board decision. 2 NJ Transit includes with its verified notice excerpts from the 1984 Agreement as well as documents implementing the current transaction. PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: June 9, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2023–12807 Filed 6–14–23; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2023–0019] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 15 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. The exemptions enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce. DATES: The exemptions are applicable on May 25, 2023. The exemptions expire on May 25, 2025. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, (202) 366–4001, fmcsamedical@dot.gov. Office hours are from 8:30 a.m. to 5 p.m. ET Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Dockets Operations, (202) 366– 9826. SUPPLEMENTARY INFORMATION: SUMMARY: I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2023–0019) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, and click ‘‘Browse Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations on the ground floor of the DOT West Building, 1200 New E:\FR\FM\15JNN1.SGM 15JNN1

Agencies

[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39323-39324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12789]


=======================================================================
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DEPARTMENT OF STATE

[Public Notice: 12095]


Bureau of Political-Military Affairs; Statutory Debarment 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 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).

DATES: Debarment imposed as of June 15, 2023.

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

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 the AECA or 
certain other statutes, enumerated in section 38 of the AECA, subject 
to a narrowly defined statutory exception. This provision establishes a 
presumption of denial for licenses or other approvals involving such 
persons. The Department refers to this restriction as a limitation on 
``export privileges'' and implements this presumption of denial through 
section 127.11 of the ITAR.
    In addition, section 127.7(b) of the ITAR 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 section 127.7(b) of the ITAR lasts for a 
three-year period following the date of conviction and to prohibit that 
person from participating directly or indirectly in any activities that 
are regulated by the ITAR. 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 beginning one year after the date of the statutory 
debarment. In response to a request for reinstatement from statutory 
debarment, the Department may determine either to rescind only the 
statutory debarment pursuant to section 127.7(b), or to both rescind 
the statutory debarment pursuant to section 127.7(b) of the ITAR and 
reinstate export privileges as described in section 127.11 of the ITAR. 
See 84 FR 7411 (March 4, 2019) for discussion of 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 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 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 section 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 the date of this notice (Name; Date of Judgment; 
Judicial District; Case No.; Month/Year of Birth):
    Almendarez, Maria Guadalupe; May 10, 2022; Eastern District of 
Arkansas; 4:19-cr-00116; December 1980.
    B[uuml]key, Murat; a.k.a. Bukey, Murat; a.k.a. Murat, Recep; March 
22, 2023; District of Columbia; 1:18-cr-00129; January 1971.
    Cassidy, Kevin Jerome; September 13, 2022; District of Arizona; 
2:18-cr-01236; December 1959.
    Hamade, Usama Darwich; a.k.a. Hamade, Prince Sam; July 22, 2020; 
District of Minnesota; 0:15-cr-00237; December 1964.
    Pierson, Andrew Scott; April 29, 2022; Eastern District of 
Arkansas; 4:19-cr-00116; May 1975.
    Radionov, Ihor; August 27, 2021; Middle District of Florida; 8:20-
cr-00308; January 1969.
    Sery, Joe; September 19, 2022; Southern District of California; 
3:21-cr-02898; June 1944.
    Ugur, Arif; December 16, 2022; District of Massachusetts; 1:21-cr-
10221; January 1969.

[[Page 39324]]

    Veletanlic, Hany; January 27, 2020; Western District of Washington; 
2:18-cr-00162; December 1983.
    Wu, Tian Min; a.k.a. Wu, Bob; a.k.a. Wu, David; a.k.a. Sones, 
Graham; a.k.a. Wang, Edward; June 9, 2021; Central District of 
California; 2:17-cr-00081; April 1965.
    At the end of the three-year period following the date of this 
notice, the above-named persons remain debarred unless a request for 
reinstatement from statutory debarment is approved by the Department of 
State.
    Pursuant to section 120.1(c) of the ITAR, debarred persons are 
generally ineligible to participate in activities regulated under the 
ITAR. Also, under section 127.1(d) of the ITAR, any person who has 
knowledge that another person is ineligible pursuant to section 
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.

Jessica Lewis,
Assistant Secretary, Department of State.
[FR Doc. 2023-12789 Filed 6-14-23; 8:45 am]
BILLING CODE 4710-25-P
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