[Federal Register Volume 64, Number 90 (Tuesday, May 11, 1999)]
[Notices]
[Pages 25389-25390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11862]


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DEPARTMENT OF STATE

[Public Notice 3046]


Office of Defense Trade Contols; 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 has 
imposed statutory debarment pursuant to Sec. 127.7(c) of the 
International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130) 
on persons convicted of violating or conspiring to violate section 38 
of the Arms Export Control Act (AECA) (22 U.S.C. 2778).

EFFECTIVE DATE: Date of conviction as specified for each person.

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 AECA prohibits 
licenses and other approvals for the export of defense articles and the 
furnishing of defense services to be issued to a person, or any party 
to the export, convicted of violating or conspiring to violate the 
AECA. Pursuant to Sec. 127.7(c)

[[Page 25390]]

of the ITAR, statutory debarment is imposed upon persons convicted of 
violating or conspiring to violate the AECA. Statutory debarment is 
based solely upon a conviction in a criminal proceeding, conducted by a 
United States court, and as such the administrative proceedings 
outlined in part 128 of the ITAR are not applicable.
    This notice is provided in order to make the public aware that the 
persons listed below are prohibited from participating directly or 
indirectly in 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 (name/offense/date/court):

1. Robert Cassidy, 18 U.S.C. 371 (Conspiracy to violate 22 U.S.C. 
2778), 09/23/98, Eastern District of Virginia, Docket No: 2;98 CR-60.
2. George K. Cheng, 22 U.S.C. 2778, July 17, 1998, District of Oregon, 
Docket No: 97-CR-412-ALL.
3. Robert S. Fairchild, 22 U.S.C. 2778, March 12, 1999, Southern 
District of Florida, Docket No: 97-CR-6104-1.
4. Donn R. Proven, 22 U.S.C. 2778, March 8, 1999, Southern District of 
Florida, Docket No: 97-6104-CR.
5. Parviz Lavi, 18 U.S.C.371 (Conspiracy to violate 22 U.S.C. 2778), 
July 13, 1998, Eastern District of Virginia, Docket No: 2;98 CR-60.
    Specific case information may be obtained from the Office of the 
Clerk for each respective U.S. District Court, citing the court docket 
number where provided.
    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: April 18, 1999.
William J. Lowell,
Director, Office of Defense Trade Controls,
Bureau of Political-Military Affairs,
Department of State.
[FR Doc. 99-11862 Filed 5-10-99; 8:45 am]
BILLING CODE 4710-25-P