[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1053-1054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-360]


[[Page Unknown]]

[Federal Register: January 7, 1994]


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DEPARTMENT OF STATE

Office of Defense Trade Controls
[Public Notice 1928]

 

Statutory Debarment Under the International Traffic in Arms 
Regulations

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: Notice is hereby given of which persons have been statutorily 
debarred pursuant to Sec. 127.7(c) of the International Traffic in Arms 
Regulations (22 CFR parts 120-130) (ITAR).

EFFECTIVE DATE: January 7, 1994.

FOR FURTHER INFORMATION CONTACT: Clyde G. Bryant Jr., Chief, Compliance 
Enforcement Branch, Office of Defense Trade Controls, Department of 
State (703-875-6650).

SUPPLEMENTARY INFORMATION: Section 38(g)(40(A) of the Arms Export 
Control Act (AECA), 22 U.S.C. 2778, prohibits export licenses to be 
issued to a person, or any party to the export, who has been convicted 
of violating certain U.S. criminal statutes, including the AECA. The 
term ``person,'' as defined in 22 CFR 120.14 of the International 
Traffic in Arms Regulations (ITAR), means a natural person as well as a 
corporation, business association, partnership, society, trust, or any 
other entity, organization or group, including governmental entities. 
The ITAR, specifically Sec. 126.7(e), defines the term ``party to the 
export'' to include the president, the chief executive officer, and 
other senior officers and officials of the license applicant; the 
freight forwarders or designated exporting agent of the license 
applicant; and any consignee or end-user of any item to be exported. 
The statute permits certain limited exceptions to this prohibition to 
be made on a case-by-case basis. 22 U.S.C. 2778(g)(4).
    The ITAR, Sec. 127.7, authorizes the Assistant Secretary of State 
for Political-Military Affairs to prohibit certain persons convicted of 
violating, or conspiring to violate, the AECA from participating 
directly or indirectly in the export of defense articles or in the 
furnishing of defense services. Such a prohibition is referred to as a 
``statutory debarment,'' which may be imposed on the basis of judicial 
proceedings that resulted in a conviction for violating, or of 
conspiring to violate, the AECA. See 22 CFR 127.7(c). The period for 
debarment will normally be three years from the date of conviction. At 
the end of the debarment period, licensing privileges may be reinstated 
at the request of the debarred person following 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 the 
AECA, 22 U.S.C. 2778(g)(4).
    Statutory debarment is based solely upon a conviction in a criminal 
proceeding, conducted by a United States court. Thus, the 
administrative debarment procedures, as outlined in the ITAR, 22 CFR 
part 128, are not applicable in such cases.
    The Department of State will not consider applications for licenses 
or requests for approvals that involve any person or any party to the 
export who has been convicted of violating, or of conspiring to 
violate, the AECA during the period of statutory debarment. Persons who 
have been statutorily debarred may appeal to the Under Secretary for 
International Security Affairs for reconsideration of the ineligibility 
determination. A request for reconsideration must be submitted in 
writing within 30 days after a person has been informed of the adverse 
decision. 22 CFR 127.7(d).
    The Department of State policy permits debarred persons to apply 
for an exception one year after the date of the debarment, in 
accordance with the AECA, 22 U.S.C. 2778(g)(4)(A), and the ITAR, 
Sec. 127.7. This request is made to the Director of the Office of 
Defense Trade Controls. Any decision to grant an exception can be made 
only after the statutory requirements under section 38(g)(4) of the 
AECA have been satisfied. If the exception is granted, the debarment 
will be suspended.
    Pursuant to the AECA, 22 U.S.C. 2778(g)(4)(A), and the ITAR, 22 CFR 
127.7, the Assistant Secretary for Political-Military Affairs has 
statutorily debarred nine persons who have been convicted of conspiring 
to violate or violating the AECA.
    These persons have been debarred for a three-year period following 
the date of their conviction, and have been so notified by a letter 
from the Office of Defense Trade Controls. Pursuant to ITAR, 
Sec. 127.7(c), the names of these persons, their offense, date of 
conviction(s) and court of conviction(s) are hereby being published in 
the Federal Register. Anyone who requires additional information to 
determine whether a person has been debarred should contact the Office 
of Defense Trade Controls.
    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 
exercising of this foreign affairs function is discretionary, it is 
excluded from review under the Administrative Procedure Act.
    In accordance with these authorities the following persons are 
debarred for a period of three years following their conviction for 
conspiring to violate or violating the AECA (name/address/offense/
conviction date/court citation):

1. Jetborne, Inc., 4010 N.W. 36th Avenue, Miami, FL 33142, 22 U.S.C. 
2778 (violating the Arms Export Control Act), December 3, 1992, United 
States v. Jetborne, Inc., (U.S. District Court, Southern District of 
Florida, Criminal Docket No. 91-199-CR-MORENO(S)(01))
2. John L. Broussard, 110 Churchill Drive, Lafayette, LA 70501, 18 
U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778), June 26, 1992, 
United States v. John L. Broussard, (U.S. District Court, Western 
District of Louisiana, Criminal Docket No. 91-60025-01)
3. Hilton Langley, 101 North Pine, Lafayette, LA 70501, 18 U.S.C. 371 
(conspiracy to violate 22 U.S.C. 2778), June 26, 1992, United States v. 
Hilton Langley, (U.S. District Court, Western District of Louisiana, 
Criminal Docket No. 91-60025-02)
4. Edouard Michel Heldewier, 15630 S.W. 46th Terrace, Miami, FL 33185, 
18 U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778) and 22 U.S.C. 2778 
(violating the Arms Export Control Act), June 3, 1991, United States v. 
Edouard Michel Heldewier, (U.S. District Court, Eastern District of 
Michigan, Criminal Docket No. CR-90-81079-DT-01)
5. Miles Andrew Maynard, 1588 South Shore Drive, East Lansing, MI 
48823, 18 U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778) and 22 
U.S.C. 2778 (violating the Arms Export Control Act), June 3, 1991, 
United States v. Miles Maynard, (U.S. District Court, Eastern District 
of Michigan, Criminal Docket No. CR-90-81079-DT-02)
6. Phyllis Ware, 1588 South Shore Drive, East Lansing, MI 48823, 22 
U.S.C. 2778 (violating the Arms Export Control Act), June 3, 1991, 
United States v. Phyllis Ware, (U.S. District Court, Eastern District 
of Michigan, Criminal Docket No. CR-90-81079-DT-03
7. Louis Haneef, Metropolitan Correctional Center, 15801 S.W. 137th 
Avenue, Miami, FL 33177 18 U.S.C. 371 (conspiracy to violate 22 U.S.C. 
2778) and 22 U.S.C. 2778 (violating the Arms Export Control Act), 
December 30, 1991, United States v. Louis Haneef, et al., (U.S. 
District Court, Southern District of Florida, Criminal Docket No. 90-
6161-CR-PAINE)
8. Colin J. Devellerez, 148 East 122nd Street, Upland, CA 91786, 18 
U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778) and 22 U.S.C. 2778 
(violating the Arms Export Control Act), September 14, 1993, United 
States v. Japan Aviation Electronics Industry, Ltd, et al., (U.S. 
District Court, District of Columbia, Criminal Docket No. 91-516-06)
9. Glenda Joyce Tucker, 1634 Edom Street, Carson, CA 90746, 22 U.S.C. 
2778 (violating the Arms Export Control Act), September 20, 1993, 
United States v. Glenda Joyce Tucker, (U.S. District Court, Central 
District of California, Docket No. CR-93-425(A)-RSWL)

    Dated: December 10, 1993.
William B. Robinson,
Director, Office of Defense Trade Controls, Bureau of Political-
Military Affairs, Department of State.
[FR Doc. 94-360 Filed 1-6-94; 8:45 am]
BILLING CODE 4710-25-M