[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Notices]
[Pages 42949-42951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20443]
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DEPARTMENT OF STATE
[Public Notice 6737]
Bureau of Political-Military Affairs; Statutory Debarment Under
the Arms Export Control Act and the International Traffic in Arms
Regulations
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Department of State has
imposed statutory debarment pursuant to Sec. 127.7(c) of the
International Traffic in Arms Regulations (``ITAR'') (22 CFR Parts 120
to 130) on persons convicted of violating, attempting to violate or
conspiring to violate Section 38 of the Arms Export Control Act, as
amended, (``AECA'') (22 U.S.C. 2778).
DATES: Effective Date: Date of conviction as specified for each person.
FOR FURTHER INFORMATION CONTACT: Daniel Buzby, Acting Director, Office
of Defense Trade Controls Compliance, Bureau of Political-Military
Affairs, Department of State (202) 663-2980.
SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA, 22 U.S.C.
2778(g)(4), prohibits the Department of State from issuing 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 certain statutes, including the AECA. In implementing this
provision, Section 127.7 of the ITAR provides for ``statutory
debarment'' of any person who has been convicted of violating or
conspiring to violate the AECA. Persons subject to statutory debarment
are prohibited from participating directly or indirectly in the export
of defense articles, including technical data, or in the furnishing of
defense services for which a license or other approval is required.
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.
The period for debarment will be determined by the Assistant
Secretary for Political-Military Affairs based on the underlying nature
of the violations, but will generally be for three years from the date
of conviction. At the end of the debarment period, export privileges
may be reinstated only at the request of the debarred person followed
by the necessary interagency consultations, after a thorough review of
the circumstances surrounding the conviction, and a finding that
appropriate steps have been taken to mitigate any law enforcement
concerns, as required by Section 38(g)(4) of the AECA. Unless export
privileges are reinstated, however, the person remains debarred.
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 under Section 38(g) (4) of the AECA have been satisfied.
Exceptions, also known as transaction exceptions, may be made to
this debarment determination on a case-by-case basis at the discretion
of the Assistant Secretary of State for Political-Military Affairs,
after consulting with the appropriate U.S. agencies. 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.
[[Page 42950]]
Pursuant to Section 38(g)(4) of the AECA and Section 127.7(c) of
the ITAR, the following persons are statutorily debarred as of the date
of their AECA conviction:
(1) Miguel Alonso Apodaca, November 6, 2007, U.S. District Court,
District of Arizona, Case CR 07-00296-002-TUC-DCB (JCG).
(2) Cedric Lloyd Manuel, November 6, 2007, U.S. District Court,
District of Arizona, Case CR 07-00296-001-TUC-DCB (JCG).
(3) Joaquin Rodriguez-Diaz, February 6, 2006, U.S. District Court,
District of Arizona, Case 2:05-cr-00965-ROS-1.
(4) Chi Mak, March 26, 2008, U.S. District Court, Central District of
California, Case 8:05-cr-00293-CJC.
(5) Tai Wang Mak, April 21, 2008, U.S. District Court, Central District
of California, Case 8:05-cr-00293-CJC.
(6) David Mehrdad Talebi, November 26, 2007, U.S. District Court,
Southern District of California, Case 05CR2213-LAB.
(7) Ali Danny Talebi, July 7, 2008, U.S. District Court, Southern
District of California, Case 05CR2213-LAB.
(8) Murray Rinzler, November 30, 2007, U.S. District Court, District of
Connecticut, Case 3:07cr61 (AHN).
(9) World Electronics, Inc., November 30, 2007, U.S. District Court,
District of Connecticut, Case 3:07cr61 (AHN).
(10) Leonard Allen Schenk, December 11, 2007, U.S. District Court,
Northern District of Florida, Case 3:07cr90-001LAC.
(11) Jerri C. Stringer, December 13, 2007, U.S. District Court,
Northern District of Florida, Case 3:07cr90-002LAC.
(12) Lance Michael Brooks, May 27, 2009, U.S. District Court, Southern
District of Florida, Case 0:07-60265-CR-1 and 0:08-60154-CR-
1.
(13) Shahrazad Mir Gholikhan, March 6, 2009, U.S. District Court,
Southern District of Florida, Case 0:05-60238-CR-COHN (S) (S)
(S).
(14) Hassan Saied Keshari, May 13, 2009, U.S. District Court, Southern
District of Florida, Case 1:08-20612-CR-SEITZ-01.
(15) Bertrand Lalsingh, February 11, 2008, U.S. District Court,
Southern District of Florida, Case 07-60273-CR-MARRA.
(16) Osmar D. Mejia, August 2, 2008, U.S. District Court, Southern
District of Florida, Case 0:08CR60028-001.
(17) Joseph Piquet, May 18, 2009, U.S. District Court, Southern
District of Florida, Case 2:08-14031-CR-MARTINEZ-1.
(18) Rigel Optics, Inc., May 12, 2009, U.S. District Court, Southern
District of Iowa, Case 4:08-cr-00086-001.
(19) Riad Skaff, July 14, 2008, U.S. District Court, Northern District
of Illinois, Case 07-CR-41-1.
(20) Haji Subandi, December 19, 2007, U.S. District Court, District of
Maryland, Case CCB-06-0439.
(21) Green Supply, Inc., January 22, 2008, U.S. District Court, Eastern
District of Missouri, Case 4:07CR659 CEJ.
(22) Jyimin Horng, January 17, 2008, U.S. District Court, District of
New Jersey, Case 1:05-CR-00612-02.
(23) Octavio Rodriguez-Gutierrez, October 29, 2008, U.S. District
Court, District of New Mexico, Case 2:08CR01600-001JEC.
(24) Raul Rodriguez-Gutierrez, October 27, 2008, U.S. District Court,
District of New Mexico, Case 2:08CR01746-001JEC.
(25) David M. Janowski, January 26, 2009, U.S. District Court, Northern
District of Ohio, Case 1:08CR389-01.
(26) Master A. Ohene Kwesi Yeboah, April 20, 2009, U.S. District Court,
Southern District of Ohio, Case 2:08-CR-138.
(27) Ken Miller, August 14, 2008, U.S. District Court, Eastern District
of Pennsylvania, Case 07-452.
(28) Euro Optics, Ltd., July 31, 2008, U.S. District Court, Middle
District of Pennsylvania, Case 4:07-CR-0407.
(29) Akanonu Fabian Mgbobila, October 4, 2007, U.S. District Court,
Middle District of Tennessee, Case 3:06-00126.
(30) Guillermo Aguilar-Medina, October 23, 2007, U.S. District Court,
Southern District of Texas, Case 1:07CR00279-002.
(31) Luis Miguel Rodriguez-Vazques, October 23, 2007, U.S. District
Court, Southern District of Texas, Case 1:07CR00279-001.
(32) Erik Arguelles, March 18, 2008, U.S. District Court, Southern
District of Texas, Case 1:07CR00797-001.
(33) Jose Cipriano-Sanchez, April 13, 2009, U.S. District Court,
Southern District of Texas, Case 7:07CR01274-001.
(34) Jorge Alberto Cervantes-Garcia, March 27, 2008, U.S. District
Court, Southern District of Texas, Case 1:07CR00857-001.
(35) Rogelio Esparza-Juarez, December 31, 2008, U.S. District Court,
Southern District of Texas, Case 7:08CR01042-001.
(36) Francisco Gaona-Doval, October 27, 2008, U.S. District Court,
Southern District of Texas, Case 7:07CR00906-001.
(37) Roberto Garza-Lopez, March 14, 2008, U.S. District Court, Southern
District of Texas, Case 7:07CR00671-001.
(38) Juan Lopez-Martinez, March 14, 2008, U.S. District Court, Southern
District of Texas, Case 7:07CR00671-002.
(39) Luis Martin Velasquez-Ibarra, March 14, 2008, U.S. District Court,
Southern District of Texas, Case 7:07CR00671-003.
(40) Reneberto Velasquez-Velez, March 14, 2008, U.S. District Court,
Southern District of Texas, Case 7:07CR00671-004.
(41) Jose Fernando Licona-Cruz, April 4, 2008, U.S. District Court,
Southern District of Texas, Case 7:07CR01128-001.
(42) Gregorio Magallan, Jr., February 2, 2009, U.S. District Court,
Southern District of Texas, Case 7:08CR00892-002.
(43) Rogelio Ramos-Reyes, January 21, 2008, U.S. District Court,
Southern District of Texas, Case 7:07CR00916-001.
(44) Lorena Beatriz Salas, February 4, 2008, U.S. District Court,
Southern District of Texas, Case 1:07CR00753-001.
(45) Victor Hugo Salazar-Mata, February 10, 2009, U.S. District Court,
Southern District of Texas, Case 7:07CR00986-001.
(46) Greg Anthony Belcik, December 10, 2007, U.S. District Court,
Western District of Texas, Case DR-07-CR-007(1)-AML.
(47) Robert Frederick Gibson, August 24, 2007, U.S. District Court,
Western District of Texas, Case EP-07-CR-249-DB(2).
(48) Robert Thomas Caldwell, November 9, 2007, U.S. District Court,
Western District of Texas, Case EP-07-CR-249-DB(3).
(49) Abraham Trujillo, November 12, 2008, U.S. District Court, District
of Utah, Case DUTX 2:07-cr-00714-001.
(50) David John Waye, November 12, 2008, U.S. District Court, District
of Utah, Case DUTX 2:07-cr-00714-002.
(51) Shu Quan-Sheng, April 10, 2009, U.S. District Court, Eastern
District of Virginia, Case 2:08cr194.
(52) Jason Dean Smith, June 8, 2007, U.S. District Court, Western
District of Washington, Case CR05-00390RSM-001.
[[Page 42951]]
(53) Kendall S. George, July 13, 2007, U.S. District Court, Western
District of Washington, Case CR06-0205RSM.
As noted above, at the end of the three-year period following the date
of conviction, the above named persons/entities remain debarred unless
export privileges are reinstated.
Debarred persons are generally ineligible to participate in
activity regulated under the ITAR (see, e.g., sections 120.1(c) and
(d), and 127.11(a)). Also, under Section 127.1(c) of the ITAR, any
person who has knowledge that another person is subject to debarment or
is otherwise ineligible may not, without disclosure to and written
approval from the Directorate of Defense Trade Controls, participate,
directly or indirectly, in any export in which such ineligible person
may 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 in any export from or temporary import
into the United States of defense articles, related 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.
Dated: August 17, 2009.
Andrew J. Shapiro,
Assistant Secretary, Bureau of Political-Military Affairs, Department
of State.
[FR Doc. E9-20443 Filed 8-24-09; 8:45 am]
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