[Federal Register Volume 60, Number 109 (Wednesday, June 7, 1995)]
[Notices]
[Pages 30149-30150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13833]



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DEPARTMENT OF STATE
Office of Defense Trade Controls
[Public Notice 2216]


Statutory Debarment Under the International Traffic in Arms 
Regulations

AGENCY: Office of Defense Trade Controls, 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 (ITAR) (22 CFR Parts 120-130).

EFFECTIVE DATE: June 7, 1995.

FOR FURTHER INFORMATION CONTACT: Philip S. Rhoads, Chief, Compliance 
Enforcement Branch, Office of Defense Trade Controls, Department of 
State (703-875-6650).

SUPPLEMENTARY INFORMATION: Section 38(g)(4)(A) of the Arms Export 
Control Act (AECA), 22 U.S.C. 2778, prohibits licenses or other 
approvals for the export of defense articles and defense services 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, section 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 for which a license or 
approval is required. 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 reinstatement of export privileges one year after the date of the 
debarment, in accordance with the AECA, 22 U.S.C. 2778(g)(4)(A), and 
the ITAR, section 127.7. A reinstatement request is made to the 
Director of the Office of Defense Trade Controls. Any decision to 
reinstate export privileges can be made only after the statutory 
requirements under section 38(g)(4) of the AECA have been satisfied 
through a process administered by the Office of Defense Trade Controls. 
If reinstatement 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 twelve 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, section 
127.7(c), the names of these persons, their offense, date(s) of 
conviction and court(s) of conviction 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 
exercise 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. Paul LaVista, 2520 Olive Springs Rd., Marietta, GA 30060, 22 
U.S.C. Sec. 2778 (violating the AECA), September 25, 1992, United 
States v. Paul LaVista, U.S. District Court, Western District of 
Washington, Criminal Docket No. CR92-346C.
    2. Satish Shah, 46 Glynn Court, Parlin, NJ 08859, 18 U.S.C. 
Sec. 371 (conspiracy to violate 22 U.S.C. Sec. 2778), May 10, 1993, 
United States v. Tzvi Rosenfeld, et al., U.S. District Court, Middle 
District of Tennessee, Criminal Docket No. 3:91-00163-04.
    3. Menachim Rosenfeld, c/o Lionel Lufton, 174 East Bay Street, 
Suite 302, Charleston, SC 29402, 18 U.S.C. Sec. 371 (conspiracy to 
violate 22 U.S.C. Sec. 2778), August 23, 1993, United States v. Tzvi 
Rosenfeld, et al., U.S. District Court, Middle District of 
Tennessee, Criminal Docket No. 3:91-00163-01. [[Page 30150]] 
    4. Mohd A.M. Anwahi, 295 West Wyoming Ave., Stoneham, MA 02180, 
22 U.S.C. Sec. 2778 (violating the AECA), September 28, 1993, United 
States v. Mohd A.M. Anwahi, U.S. District Court, District of 
Colorado, Criminal Docket No. 93-CR-132.

    5. Willem Louw, 26 Andre Ave., President Ridge, Randburg, South 
Africa, 22 U.S.C. Sec. 2778 (violating the AECA), October 18, 1993, 
United States v. Tzvi Rosenfeld, et al., U.S. District Court, Middle 
District of Tennessee, Criminal Docket No. 3:91-00163-02.

    6. Ronald Hendron, 1029 Olive Way, Palm Springs, CA 92262, 18 
U.S.C. Sec. 371 (conspiring to violate 22 U.S.C. Sec. 2778) and 22 
U.S.C. Sec. 2778 (violating the AECA), April 18, 1994, United States 
v. Ronald Hendron, U.S. District Court, Eastern District of New 
York, Criminal Docket No. CR-92-424(S-2).

    7. Aziz Muthana, 4856 N. Ridgeway, 3rd Floor, Chicago, IL 60625, 
22 U.S.C. Sec. 2778 (violating the AECA), April 20, 1994, United 
States v. Aziz Muthana, U.S. District Court, Northern District of 
Illinois, Criminal Docket No. 93-CR-580.

    8. Louis Clarence Thomasset, 24 Rue de la Croix, Echampen, 
France 77440, 22 U.S.C. Sec. 2778 (violating the AECA), May 16, 
1994, United States v. Louis Clarence Thomasset, U.S. District 
Court, Southern District of Texas, Criminal Docket No. H-94-15.

    9. Manfred Felber, 1150 John Street, 13-15, Vienna, Austria, 22 
U.S.C. Sec. 2778 (violating the AECA), June 6, 1994, United States 
v. Manfred Felber, U.S. District Court, District of Oregon, Criminal 
Docket No. CR-94-60044.

    10. Joseph D'Addezio, 133 Greenmeadow Dr., Deer Park, NY 11729, 
18 U.S.C. Sec. 371 (conspiracy to violate 22 U.S.C. 2778), July 20, 
1994, United States v. Joseph D'Addezio, U.S. District Court, 
Southern District of New York, Criminal Docket No. 90-CR-810.

    11. Oskar Benevidez Vann, 919 Santa Maria, Laredo, TX 78040-
2745, 18 U.S.C. Sec. 371 (conspiring to violate 22 U.S.C. 
Sec. 2778), September 23, 1994, United States v. Oskar Benevidez 
Vann, et al., U.S. District Court, Western District of Louisiana, 
Criminal Docket No. CR-93-60012-01.

    12. Rexon Technology Corp., 70 Old Turnpike Road, Wayne, NJ 
07470, 22 U.S.C. Sec. 2778 (violating the AECA), February 22, 1995, 
United States v. Rexon Technology Corp., et al., U.S. District 
Court, District of New Jersey, Criminal Docket No. 93-610.

    Dated: May 19, 1995.

William J. Lowell,

Director, Office of Defense Trade Controls, Bureau of Political-
Military Affairs, Department of State.

[FR Doc. 95-13833 Filed 6-6-95; 8:45 am]

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