[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Notices]
[Pages 46258-46259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15721]


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DEPARTMENT OF STATE

[Public Notice 5153]


Statutory Debarment Under the International Traffic in Arms 
Regulations

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 parts 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).

DATES: 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) 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 persons, or any party to 
the export, who have been convicted of violating certain statues, 
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 other 
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 Section 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 for 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 AECA. It should be 
noted, however, that unless licensing privileges are reinstated, the 
person/entity remains 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. Even if the exception is granted, the debarment continues 
until the end of the three-year period and subsequent reinstatement. In 
addition, the Department will not consider exceptions for those 
individuals or entities convicted of serious violations of the AECA and 
ITAR.
    Exceptions may be made to this debarment determination on a case-
by-base 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 interests; whether an exception 
would further law enforcement concerns that are consistent with the 
foreign policy or national security interests of the United States; or 
whether other compelling circumstances exist that are consistent with 
the foreign policy or national security interests of the United States, 
and that do not conflict with law enforcement concerns.
    Pursuant to Section 38 of the AECA and Section 127.7 of the ITAR, 
the Assistant Secretary of State for Political-Military Affairs has 
statutorily debarred the following persons for a period of three years 
following the date of their AECA conviction:
    (1) Mexpar International, Inc. a/k/a ``Pasadena Aerospace'' and 
``Aviation Logistics and Supply,'' July 30, 2004, U.S. District Court, 
Central District of California (Los Angeles), Case : 03-CR-
170-ALL.
    (2) Ahmad Nahardani a/k/a ``Alex Nahardani,'' August 9, 2004, U.S. 
District Court, Central District of California (Los Angeles), Case 
: 03-170-AHM.
    (3) Gabriela de Brea a/k/a ``Gabriela Brea'' and ``Gabriela Lopez-
Sosa,'' September 10, 2004, U.S. District Court, Central District of 
California (Los Angeles), Case : 03-170-AHM.

[[Page 46259]]

    As noted above, at the end of the three-year period, the above 
named persons/entities remain debarred unless licensing privileges are 
reinstated.
    Debarred persons are generally ineligible to participate in 
activity regulated under the ITAR (see e.g., sections 120.1(c) and (d), 
and 127.11(a)). The Department of State will not consider applications 
for licenses or requests for approvals that involve any person 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 127.7(d) and 128.13(a).
    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, Central District of 
California (Los Angeles) citing the court case 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.

Rose M. Likins,
Acting Assistant Secretary for Political-Military Affairs, Department 
of State.
[FR Doc. 05-15721 Filed 8-8-05; 8:45 am]
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