Statutory Debarment Under the Arms Export Control Act and the International Traffic in Arms Regulations, 53172-53173 [2024-13878]

Download as PDF 53172 Federal Register / Vol. 89, No. 122 / Tuesday, June 25, 2024 / Notices 06/17/2024, applications for disaster loans may be submitted online using the MySBA Loan Portal https:// lending.sba.gov or other locally announced locations. Please contact the SBA disaster assistance customer service center by email at disastercustomerservice@sba.gov or by phone at 1–800–659–2955 for further assistance. The following areas have been determined to be adversely affected by the disaster: Primary Counties (Physical Damage and Economic Injury Loans): Leon. Contiguous Counties (Economic Injury Loans Only): Florida: Gadsden, Jefferson, Liberty, Wakulla Georgia: Grady, Thomas The Interest Rates are: Percent For Physical Damage: Homeowners with Credit Available Elsewhere ...................... Homeowners without Credit Available Elsewhere .............. Businesses with Credit Available Elsewhere ...................... Businesses without Credit Available Elsewhere .............. Non-Profit Organizations with Credit Available Elsewhere ... Non-Profit Organizations without Credit Available Elsewhere ..................................... For Economic Injury: Business and Small Agricultural Cooperatives without Credit Available Elsewhere .............. Non-Profit Organizations without Credit Available Elsewhere ..................................... 5.375 2.688 8.000 4.000 3.250 3.250 4.000 3.250 The number assigned to this disaster for physical damage is 20327C and for economic injury is 203280. (Catalog of Federal Domestic Assistance Number 59008) Francisco Sánchez, Jr., Associate Administrator, Office of Disaster Recovery & Resilience. [FR Doc. 2024–13869 Filed 6–24–24; 8:45 am] BILLING CODE 8026–09–P SMALL BUSINESS ADMINISTRATION khammond on DSKJM1Z7X2PROD with NOTICES [Disaster Declaration #20403 and #20404; FLORIDA Disaster Number FL–20006] Presidential Declaration of a Major Disaster for Public Assistance Only for the State of Florida U.S. Small Business Administration. ACTION: Notice. AGENCY: VerDate Sep<11>2014 17:03 Jun 24, 2024 Jkt 262001 This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Florida (FEMA–4794–DR), dated 06/17/2024. Incident: Severe Storms, Straight-line Winds, and Tornadoes. Incident Period: 05/10/2024. DATES: Issued on 06/17/2024. Physical Loan Application Deadline Date: 08/16/2024. Economic Injury (EIDL) Loan Application Deadline Date: 03/17/2025. ADDRESSES: Visit the MySBA Loan Portal at https://lending.sba.gov to apply for a disaster assistance loan. FOR FURTHER INFORMATION CONTACT: Alan 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: Notice is hereby given that as a result of the President’s major disaster declaration on 06/17/2024, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications online using the MySBA Loan Portal https:// lending.sba.gov or other locally announced locations. Please contact the SBA disaster assistance customer service center by email at disastercustomerservice@sba.gov or by phone at 1–800–659–2955 for further assistance. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Baker, Gadsden, Hamilton, Lafayette, Leon, Liberty, Madison, Suwannee, Taylor, Wakulla. The Interest Rates are: SUMMARY: DEPARTMENT OF STATE [Public Notice: 12429] Statutory Debarment Under the Arms Export Control Act and the International Traffic in Arms Regulations Bureau of Political-Military Affairs. ACTION: Notice. AGENCY: 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 25, 2024. FOR FURTHER INFORMATION CONTACT: Jae E. Shin, Director, Office of Defense Trade Controls Compliance, Bureau of Political-Military Affairs, Department of State: (202) 623–2785. 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(g)(1) 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 percent ITAR provides for ‘‘statutory debarment’’ of any person who has been For Physical Damage: convicted of violating or conspiring to Non-Profit Organizations with Credit Available Elsewhere ... 3.250 violate the AECA. Under this policy, Non-Profit Organizations withpersons subject to statutory debarment out Credit Available Elseare prohibited from participating where ..................................... 3.250 directly or indirectly in any activities For Economic Injury: that are regulated by the ITAR. Statutory Non-Profit Organizations withdebarment is based solely upon out Credit Available Elsewhere ..................................... 3.250 conviction in a criminal proceeding, conducted by a United States court, and as such the administrative debarment The number assigned to this disaster procedures outlined in part 128 of the for physical damage is 20403C and for ITAR are not applicable. economic injury is 204040. It is the policy of the Department of (Catalog of Federal Domestic Assistance State that statutory debarment as Number 59008) described in section 127.7(b) of the Francisco Sánchez, Jr., ITAR lasts for a three-year period Associate Administrator, Office of Disaster following the date of conviction and to Recovery & Resilience. prohibit that person from participating [FR Doc. 2024–13871 Filed 6–24–24; 8:45 am] directly or indirectly in any activities BILLING CODE 8026–09–P that are regulated by the ITAR. PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 SUMMARY: E:\FR\FM\25JNN1.SGM 25JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 122 / Tuesday, June 25, 2024 / Notices 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. The 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) of the ITAR, 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 may 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 the 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): Akem, Roger; a.k.a. Akembuom, Roger; May 22, 2023; District of Maryland; 1:20–cr–00150; July 1970. VerDate Sep<11>2014 17:03 Jun 24, 2024 Jkt 262001 Al Eyani, Fares Abdo; April 2, 2024; Northern District of California; 3:22–cr– 00278; January 1983. Bangarie, Tse Ernst; April 18, 2023; District of Maryland; 1:21–cr–00277; August 1975. Chang, En-Wei Eric; March 26, 2024; District of Maryland; 1:03–cr–00090; November 1975. Fonguh, Wilson Che; May 25, 2023; District of Maryland, 1:21–cr–00334; February 1982. Mancho, Godlove; May 2, 2023; District of Maryland; 1:21–cr–00322; November 1978. Nevidomy, Vladimir; June 5, 2018; Southern District of Florida; 1:17–cr– 20407; April 1986. Ngang, Edith; April 20, 2023; District of Maryland; 1:21–cr–00195; January 1966. Ngomanji, Anye Collins; a.k.a. Niba, Anye Collins; June 6, 2023; District of Maryland; 1:21–cr–00292; May 1978. Nji, Eric Fru; March 22, 2023; District of Maryland; 1:21–cr–00334; February 1981. Panchernikov, Igor; a.k.a. Maru, Mike; Panchernikov, Igor Vladimir; Panchernikov, Igor Vladimirovich; Panchemikov, Igor; June 26, 2023; Central District of California; 2:21–cr– 00259; July 1981. Roggio, Ross; April 16, 2024; Middle District of Pennsylvania; 3:18–cr–00097; December 1968. Sendino, Luis Guillermo; December 20, 2023; Northern District of California; 5:20–cr–00458; March 1972. Sery, Dror; January 29, 2024; Southern District of California; 3:21–cr–02898; April 1952. St. Michael, Tamufor Nchumuluh; June 16, 2023; District of Maryland; 1:20–cr–00015; September 1980. Tita, Wilson Nuyila; April 5, 2023; District of Maryland; 1:21–cr–00334; October 1975. 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 120.16(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 120.16(c) of the ITAR may not, without prior disclosure of the facts to and written authorization from the Directorate of Defense Trade Controls, participate, directly or indirectly, in any manner or capacity, in any ITARcontrolled transaction where such ineligible person may obtain benefit PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 53173 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 A. Lewis, Assistant Secretary, Bureau of Political Military Affairs, Department of State. [FR Doc. 2024–13878 Filed 6–24–24; 8:45 am] BILLING CODE 4710–25–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration NextGen Advisory Committee; Charter Renewal Federal Aviation Administration, Department of Transportation. ACTION: Notice of NextGen Advisory Committee (NAC) charter renewal. AGENCY: The Federal Aviation Administration (FAA) is issuing this notice to advise the public of the renewal of the NAC for two years. The Secretary of Transportation established the NAC under agency authority in accordance with the provisions of the Federal Advisory Committee Act, as amended. The Secretary determined the NAC is necessary and is in the public interest. The nature and purpose of the NAC is to seek resolution of issues and challenges involving concepts, requirements, operational capabilities, the associated use of technology, and related considerations to aeronautical operations that affect the future of the Air Traffic Management System and the integration of new technologies. FOR FURTHER INFORMATION CONTACT: Any committee-related request should be sent to Kimberly Noonan, Manager, Stakeholder and Collaboration Division, at Kimberly.Noonan@faa.gov or 202– 267–3760. SUPPLEMENTARY INFORMATION: Pursuant to section 14 of the Federal Advisory Committee Act, FAA is giving notice of the renewal of the NAC charter. The primary goals of the NAC are to provide advice on agency-level issues facing the SUMMARY: E:\FR\FM\25JNN1.SGM 25JNN1

Agencies

[Federal Register Volume 89, Number 122 (Tuesday, June 25, 2024)]
[Notices]
[Pages 53172-53173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13878]


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DEPARTMENT OF STATE

[Public Notice: 12429]


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

AGENCY: Bureau of Political-Military Affairs.

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 25, 2024.

FOR FURTHER INFORMATION CONTACT: Jae E. Shin, Director, Office of 
Defense Trade Controls Compliance, Bureau of Political-Military 
Affairs, Department of State: (202) 623-2785.

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(g)(1) 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.

[[Page 53173]]

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.
    The 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) of the ITAR, 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 may 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 the 
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):
    Akem, Roger; a.k.a. Akembuom, Roger; May 22, 2023; District of 
Maryland; 1:20-cr-00150; July 1970.
    Al Eyani, Fares Abdo; April 2, 2024; Northern District of 
California; 3:22-cr-00278; January 1983.
    Bangarie, Tse Ernst; April 18, 2023; District of Maryland; 1:21-cr-
00277; August 1975.
    Chang, En-Wei Eric; March 26, 2024; District of Maryland; 1:03-cr-
00090; November 1975.
    Fonguh, Wilson Che; May 25, 2023; District of Maryland, 1:21-cr-
00334; February 1982.
    Mancho, Godlove; May 2, 2023; District of Maryland; 1:21-cr-00322; 
November 1978.
    Nevidomy, Vladimir; June 5, 2018; Southern District of Florida; 
1:17-cr-20407; April 1986.
    Ngang, Edith; April 20, 2023; District of Maryland; 1:21-cr-00195; 
January 1966.
    Ngomanji, Anye Collins; a.k.a. Niba, Anye Collins; June 6, 2023; 
District of Maryland; 1:21-cr-00292; May 1978.
    Nji, Eric Fru; March 22, 2023; District of Maryland; 1:21-cr-00334; 
February 1981.
    Panchernikov, Igor; a.k.a. Maru, Mike; Panchernikov, Igor Vladimir; 
Panchernikov, Igor Vladimirovich; Panchemikov, Igor; June 26, 2023; 
Central District of California; 2:21-cr-00259; July 1981.
    Roggio, Ross; April 16, 2024; Middle District of Pennsylvania; 
3:18-cr-00097; December 1968.
    Sendino, Luis Guillermo; December 20, 2023; Northern District of 
California; 5:20-cr-00458; March 1972.
    Sery, Dror; January 29, 2024; Southern District of California; 
3:21-cr-02898; April 1952.
    St. Michael, Tamufor Nchumuluh; June 16, 2023; District of 
Maryland; 1:20-cr-00015; September 1980.
    Tita, Wilson Nuyila; April 5, 2023; District of Maryland; 1:21-cr-
00334; October 1975.
    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 120.16(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 
120.16(c) of the ITAR may not, without prior disclosure of the facts to 
and written authorization from the Directorate of Defense Trade 
Controls, participate, directly or indirectly, in any manner or 
capacity, 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 A. Lewis,
Assistant Secretary, Bureau of Political Military Affairs, Department 
of State.
[FR Doc. 2024-13878 Filed 6-24-24; 8:45 am]
BILLING CODE 4710-25-P
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