[Federal Register Volume 62, Number 56 (Monday, March 24, 1997)]
[Notices]
[Page 13933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7273]


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DEPARTMENT OF STATE
[Public Notice 2522]


Office of Defense Trade Controls; Statutory Debarment Under the 
International Traffic in Arms Regulations

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Department of State's policy 
of denial for all export license applications and other requests for 
approval involving Fuchs Electronics (Pty) Ltd. (Fuchs), and, any 
divisions, subsidiaries, associated companies, affiliated persons, and 
successor entities, is rescinded, and is replaced by statutory 
debarment pursuant to Section 127.7(c) of the International Traffic in 
Arms Regulations (22 CFR Parts 120-130) (ITAR).

EFFECTIVE DATE: February 27, 1997.

FOR FURTHER INFORMATION CONTACT:
Philip S. Rhoads, Chief, Compliance and Enforcement Branch, Office of 
Defense Trade Controls, Department of State (703-875-6644).

SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the Arms Export Control 
Act (22 U.S.C. 2778) (AECA) prohibits licenses and other requests for 
approval for the export of defense articles and the furnishing of 
defense services to be issued to a person, or any party to the export, 
be issued to a person, or any party to the export, convicted of 
violating or conspiring to violate the AECA. This notice is provided in 
order to make the public aware that the following entities are 
prohibited from participating directly or indirectly in the export from 
the United States of defense articles, related technical data, or 
defense services for which a license or other approval is required from 
the Department of State under the AECA: Fuchs Electronics (Pty) Ltd., 
15 Combrinck Street, Alrode, Gauteng, South Africa, including the Fuchs 
Electronics Division of Reunert Limited.
    Effective June 8, 1994, the Department of state implemented a 
policy of denial pursuant to Sections 38 and 42 of the AECA and 
Sections 126.7(a)(1) and (a)(2) of the ITAR for Fuchs and any 
divisions, subsidiaries, associated companies, affiliated persons, and 
successor entities in response to an indictment returned in the U.S. 
District Court for the Eastern District Court of Pennsylvania charging 
Fuchs with violating and conspiring to violate the AECA (see 59 Federal 
Register 33811, June 30, 1994).
    Fuchs pleaded guilty on February 27, 1997, to charges of violating 
the AECA. Pursuant to a Consent Agreement between Fuchs and the 
Department of State, and an Order signed by the Assistant Secretary for 
Political-Military Affairs, Fuchs, including the Fuchs Electronics 
Division of Reunert Limited, will be subject to statutory debarment and 
its licensing privileges will be reinstated in accordance with the 
terms of the Consent Agreement entered into by Fuchs and the Department 
on January 24, 1997. At such time, a further notice will be published 
herein.
    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.

    Dated: February 12, 1997.
William J. Lowell,
Director, Office of Defense Trade Controls, Bureau of Political-
Military Affairs, U.S. Department of State.
[FR Doc. 97-7273 Filed 3-21-97; 8:45 am]
BILLING CODE 4710-25-M