[Federal Register Volume 68, Number 170 (Wednesday, September 3, 2003)]
[Notices]
[Pages 52436-52437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22418]


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DEPARTMENT OF STATE

[Public Notice 4465]


Bureau of Political-Military Affairs; 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 section 127.7(c) of the 
International Traffic in Arms Regulations (``ITAR'') (22 CFR 120 to 
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: David Trimble, Director, Office of 
Defense Trade Controls Compliance, Bureau of Political-Military 
Affairs, Department of State (202) 633-2700.

SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA, 22 U.S.C. 
2778, prohibits licenses and other approvals for the export of defense 
articles or 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.
    In implementing this section of the AECA, the Assistant Secretary 
of State for Political-Military Affairs is authorized by section 127.7 
of the ITAR to prohibit any person who has been convicted of violating 
or conspiring to violate the AECA from participating directly or 
indirectly in the export of defense articles, including technical data 
or in the furnishing of defense services for which a license or 
approval is required. This prohibition is referred to as ``statutory 
debarment.''
    Statutory debarment is based solely upon conviction in a criminal 
proceeding, conducted by a court of the United States, and as such the 
administrative debarment proceedings outlined in part 128 of the ITAR 
are not applicable.
    The period for debarment will be determined by the Assistant 
Secretary of State for Political-Military Affairs based upon the 
underlying nature of the violations, but will normally be three years 
from the date of conviction. Please note however, that unless licensing 
privileges are reinstated, the person/entity will remain debarred. At 
the end of the debarment period, licensing privileges may be reinstated 
only 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 
section 38(g)(4) of the AECA and in accordance with section 127.11(b) 
of the ITAR.
    Department of State policy permits debarred persons to apply to the 
Director of the Office of Defense Trade Controls Compliance for an 
exception from the period of debarment, in accordance with section 
38(g)(4) of the AECA and section 127.11(b) of the ITAR. 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.
    Debarred persons are generally ineligible to participate in 
activity regulated under the ITAR (see e.g., sections 120.1(c) and (d), 
126.7, 127.1(c), and 127.11(a)). 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 conspiring to violate the AECA during the period of 
statutory debarment. Persons who have been statutorily debarred may 
appeal to the Under Secretary for Arms Control and International 
Security 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, in accordance 
with 22 CFR 127.7(d).
    Pursuant to section 38 of the AECA and section 127.7 of the ITAR, 
the following persons have been statutorily debarred by the Assistant 
Secretary of State for Political-Military Affairs for a period of three 
years following their AECA conviction:
    (1) Saeed Homayouni, June 11, 2001 (entry date of June 14, 2001), 
U.S. District Court, Southern District of California (San Diego), 
Docket  00-CR-3843-ALL.
    (2) Quality Aviation & Power Support, Inc., August 21, 2001 (entry 
date of August 27, 2001), U.S. District Court for the Central District 
of California (Western Division), Docket  2:00-CR-787.
    (3) Earlene L. Christensen aka Earlene Larson Christenson aka 
Earlene Larson, August 21, 2002 (entry date August 27, 2002), Central 
District of California, (Western Division), Docket  2:00-CR-
787.
    (4) Richard Kelly Smyth, December 28, 2001 (entry date of January 
8, 2002), U.S. District Court, Central District of California (Western 
Division), Docket  85-CR-483-ALL.
    (5) Diaa Mohsen, November 16, 2001 (entry date November 20, 2001), 
U.S. District Court, Southern District of Florida (West Palm Beach), 
Docket  01-CR-8087-ALL.
    (6) Jonathan Reynolds, September 28, 2000 (entry date October 2, 
2000), U.S. District Court, District of Massachusetts (Boston), Docket 
 00-CR-10267-ALL.
    (7) Fadi Boutros, aka Fadi E. Sitto, aka Fadi Jirjis, aka Fred 
Boutros, February 11, 1999 (entry date February 17, 1999), U.S. 
District Court, District of Connecticut (New Haven), Docket  
3:99-CR-19.
    (8) Paul Siroky, October 5, 2000 (entry date October 6, 2000), U.S. 
District Court, Central District of California (Western Division), 
Docket  2:00-CR-884.
    (9) Steven Picatti, October 19, 1998 (entry date November 18, 
1998), U.S. District Court, Central District of California (Western 
Division), Docket  2:98-CR-860.
    (10) Peter Appelbaum, August 18, 1999 (entry date August 24, 1999), 
U.S. District Court, Southern District of Florida (Miami), Docket 
 99-CR-530-ALL.
    (11) Bing Sun, August 1, 2000 (entry date August 2, 2000), U.S. 
District Court, Eastern District of Virginia (Norfolk), Docket 
 2:00-CR-28.
    (12) Patte Sun, August 1, 2000 (entry date August 2, 2000), U.S. 
District Court, Eastern District of Virginia (Norfolk), Docket 
 2:00-CR-28.
    (13) All Ports Inc., August 1, 2000 (entry date August 2, 2000), 
U.S. District Court, Eastern District of Virginia (Norfolk), Docket 
 2:00-CR-28.
    (14) Beta Trading Company, August 28, 1998 (entry date September 1, 
1998), U.S. District Court, District of South Carolina (Charleston), 
Docket  98-CR-332-ALL.
    (15) Genaro Lopez-Gonsales, October 5, 1999 (entry date October 19, 
1999), U.S. District Court, Southern District of Texas (McAllen), 
Docket 99-CR-434-ALL.
    (16) Octabio Merida Gonzalez, July 1, 1998 (entry date July 8, 
1998), U.S. District Court, Southern District of

[[Page 52437]]

Texas (Brownsville), Docket  98-CR-255-ALL.
    (17) Collin Xu, aka Collin Shu, aka Zhihong Xu, November 9, 2000 
(entry date November 15, 2000), U.S. District Court, District of 
Massachusetts (Boston), Docket 99-CR-10075-ALL.
    (18) Yi Yao, aka Yao Yi, February 2, 2000 (entry date February 8, 
2000), U.S. District Court of Massachusetts (Boston), Docket  
99-CR-10075-ALL.
    (19) Mariano Recinos-Rivera, June 5, 2000 (entry date June 20, 
2000), U.S. District Court, Southern District of Texas (McAllen), 
Docket 00-CR-218-ALL.
    (20) Gunther Kohlke, February 27, 2002 (entry date March 1, 2002), 
U.S. District Court, District of New York (Brooklyn), Docket 
01-CR-738-ALL.
    (21) Eugene Yon-Tsai Hsu, April 30, 2002 (entry date May 5, 2002), 
U.S. District Court, District of Maryland (Baltimore), Docket 
01-CR-485-ALL.
    (22) David Tzuwei Yang, April 30, 2002 (entry date May 5, 2002), 
U.S. District Court, District of Maryland (Baltimore), Docket 
01-CR-485-ALL.
    (23) Dennis Ritiche Jones, March 23, 1999 (entry date March 26, 
1999), U.S. District Court, District of Arizona, Docket  CR-
99-346-01.
    (24) Carlos Fernando Chirinos, September 13, 2002 (entry date 
September 17, 2002), U.S. District Court, District of Arizona, Docket 
 02-20605-CR.
    (25) Daniel Jose Uribazo, August 29, 2002 (entry date August 30, 
2002), U.S. District Court, District of Arizona, Docket  02-
20605-CR.
    (26) Maximo de los Santos, November 18, 1999 (entry date November 
19, 1999), U.S. District Court, District of Hawaii, Docket  
1:99CR00426-001.
    (27) Jesse Radona Ponce, November 18, 1999 (entry date November 19, 
1999), U.S. District Court, District of Hawaii, Docket  
1:99CR00426-001.
    (28) Jesus Pascual Domingo, April 6, 2000 (entry date April 6, 
2000), U.S. District Court, District of Hawaii, Docket  
1:99CR00426-001.
    (29) Paul Guzman, November 22, 1999 (entry date November 24, 1999), 
U.S. District Court, District of Hawaii, Docket  1:99CR00426-
001.
    As noted above, at the end of the three-year period, the above-
named persons/entities will remain debarred unless licensing privileges 
are reinstated.
    This notice is provided in order to make the public aware that the 
persons listed above 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 or defense 
services, including technical data, in all situations covered by the 
ITAR. Specific case information may be obtained from the Office of the 
Clerk of Court for each respective US District Court, citing the court 
docket number where provided.
    Exceptions may be made to this denial policy on a case-by-case 
basis at the discretion of the Directorate of Defense Trade Controls 
pursuant to 22 CFR 126.3. However, such an exception would be granted 
only after a full review of all circumstances, paying particular 
attention to the following factors: whether an exception is warranted 
by overriding U.S. foreign policy or national security interest; 
whether an exception would further law enforcement concerns which are 
consistent with the foreign policy or national security interests of 
the United States; or whether other compelling circumstances exist 
which are consistent with the foreign policy or national security 
interests of the United States, and which do not conflict with law 
enforcement concerns.
    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 affair function is discretionary, it is 
excluded from review under the Administrative Procedure Act.

    Dated: August 19, 2003.
Rose M. Likins,
Principal Deputy Assistant Secretary, Bureau of Political-Military 
Affairs, Department of State.
[FR Doc. 03-22418 Filed 9-2-03; 8:45 am]
BILLING CODE 4710-25-P