[Federal Register Volume 69, Number 64 (Friday, April 2, 2004)]
[Notices]
[Pages 17468-17469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7494]


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DEPARTMENT OF STATE

[Public Notice 4679]


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, Directorate of Defense Trade 
Controls, Bureau of Political-Military Affairs, Department of State, 
(202) 663-2700.

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 persons, or any party to 
the export, who has been convicted of violating certain statutes, 
including the AECA.
    In implementing this section of the AECA, the Assistant Secretary 
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 United States court, 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 for Political-Military Affairs based on the underlying nature 
of the violations, but will generally be three years from the date of 
conviction. 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 ITAR. It should be 
noted, however, that unless licensing privileges are reinstated, the 
person/entity will remain debarred.
    Department of State policy permits debarred persons to apply to the 
Director of Defense Trade Controls Compliance for an exception from the 
period of debarment beginning one year after the date of the 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.,

[[Page 17469]]

section 120.1(c) and (d), 126.7, and 127.11(a)). The Department of 
State will not consider applications for licenses or requests for 
approvals that involve any persons 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 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 section 127.7(d) and 128.13(a).
    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 the date of their AECA conviction:
    (1) Mart Haller Incorporated, September 10, 2003, U.S. District 
Court, District of Connecticut (New Haven), Case 
:3:03Cr170(EBB).
    (2) Alan Haller, September 10, 2003, U.S. District Court, District 
of Connecticut (New Haven), Case :3:03Cr169(EBB).
    (3) Tariq Ahmed a/k/a ``Tariq Amin'', ``Tariq Ahmad Amin'', 
September 30, 2003, U.S. District Court, District of Connecticut (New 
Haven), Case :3:02CR247(DJS).
    (4) Yasmin Ahmed a/k/a ``Yasmin Tariq'', ``Fatimah Mohammad'', 
September 4, 2003, U.S. District Court, District of Connecticut (New 
Haven), Case :3:02CR247(DJS).
    (5) Jami Siraj Choudhury, November 10, 2003, U.S. District Court, 
Eastern District of Wisconsin, Case :02-Cr-261.
    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 for purposes of making 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, 
related technical data, or defense services in all situations covered 
by the ITAR. Specific case information may be obtained from the Office 
of the Clerk for the U.S. District Court, District of Connecticut (New 
Haven) and the U.S. District Court, Eastern District of Wisconsin 
citing the court case 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. 
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 that are not inconsistent with the 
foreign policy or national security interests of the United States; or 
whether other compelling circumstances exist that are not inconsistent 
with the foreign policy or national security interests of the United 
States, and that 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 affairs function is discretionary, it is 
excluded from review under the Administrative Procedure Act.

    Dated: March 20, 2004.
Lincoln P. Bloomfield, Jr.,
Assistant Secretary of State, Bureau of Political-Military Affairs, 
Department of State.
[FR Doc. 04-7494 Filed 4-1-04; 8:45 am]
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