[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Notices]
[Page 54497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27679]


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DEPARTMENT OF STATE

[Public Notice PN 2605]


Office of Defense Trade Controls; Reinstatement of Eligibility To 
Apply for Export/Retransfer Authorizations Pursuant to Section 38(g)(4) 
of the Arms Export Control Act

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: Notice is hereby given of persons who have had their 
eligibility to apply for export/retransfer authorizations reinstated 
pursuant to section 38(g)(4) of the Arms Export Control Act, (the 
AECA), (22 U.S.C. 2778(g)(4)) and section 127.11(b) (formerly section 
127.10(b)) of the International Traffic in Arms Regulations (the ITAR), 
(22 CFR Parts 120-130).

EFFECTIVE DATE: August 28, 1997.

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

SUPPLEMENTARY INFORMATION: Section 38(g)(A) of the AECA and section 
127.11 (a) of the ITAR prohibit the issuance of export licenses or 
other approvals to a person, or any party to the export, who has been 
convicted of violating certain U.S. criminal statutes enumerated at 
section 38(g)(1) of the AECA and section 120.27 of the ITAR. The term 
``person'' 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 term 
``party to the export'' means the president, the chief executive 
officer, and other senior officers of the license applicant; and any 
consignee or end user of any item to be exported.
    The statute permits reinstatement of eligibility to apply for 
export/retransfer authorization on a case-by-case basis after 
consultation with the Secretary of the Treasury and after a thorough 
review of the circumstances surrounding the conviction or ineligibility 
to export and finding that appropriate steps have been taken to 
mitigate any law enforcement concerns.
    In accordance with these authorities, effective August 28, 1997, 
eligibility for Delft Instruments N.V., (Delft) to apply for export and 
retransfer authorizations has been reinstated pursuant to section 
38(g)(4) of the AECA and section 127.11 of the ITAR.
    The effect of this notice is that Delft may once again participate 
in the export or transfer or defense articles or defense services 
subject to section 38 of the AECA and the ITAR.

    Dated: October 2, 1997.
William J. Lowell,
Director, Office of Defense Trade Controls, Bureau of Political-
Military Affairs, U.S. Department of State.
[FR Doc. 97-27679 Filed 10-17-97; 8:45 am]
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