[Federal Register Volume 71, Number 21 (Wednesday, February 1, 2006)]
[Notices]
[Pages 5402-5404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1339]


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DEPARTMENT OF STATE

[Public Notice 5288]


Bureau of Political-Military Affairs; 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).

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

FOR FURTHER INFORMATION CONTACT: David Trimble, Director, Office of 
Defense Trade Controls Compliance,

[[Page 5403]]

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 statutes, 
including the AECA.
    In implementing this section of the AECA, the Assistant Secretary 
for Political-Military Affairs is authorized by Sec.  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 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 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. Unless licensing 
privileges are reinstated, however, the person remains debarred.
    Department of State policy permits debarred persons to apply to the 
Director, Office of Defense Trade Controls Compliance, for 
reinstatement beginning one year after the date of the debarment, in 
accordance with Section 38(g)(4) of the AECA and Sec.  127.11(b) of the 
ITAR. Any decision to grant reinstatement can be made only after the 
statutory requirements under Section 38(g)(4) of the AECA have been 
satisfied.
    Exceptions, also known as transaction exceptions, may be made to 
this debarment determination on a case-by-base basis at the discretion 
of the Assistant Secretary of State for Political-Military Affairs. 
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. Even if exceptions 
are granted, the debarment continues until subsequent reinstatement.
    Pursuant to Section 38 of the AECA and Sec.  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) Bernardo Gonzalez-Martinez, October 24, 2003, U.S. District 
Court, Southern District of Texas (Brownsville), Case : 
1:03CR00455-003.
    (2) Maria Silvia Elizalde de Nu[ntilde]ez, October 10, 2003, U.S. 
District Court, Southern District of Texas (Brownsville), Case 
: 1:03CR00455-002.
    (3) Kwonhwan Park (a.k.a. Howard Park), August 30, 2005, U.S. 
District Court, District of Connecticut (Bridgeport), Case : 
3:04cr123(MRK).
    (4) Mehrdad Zar (a.k.a. Tony Zar), October 27, 1998, U.S. District 
Court, Eastern District of Virginia, Case : 2:98CR00064-001.
    (5) Constantinos Katsaras, November 25, 2003, U.S. District Court, 
Southern District of Florida (Ft. Lauderdale), Case : 03-
60096-Cr-Marra.
    (6) Edgar Semprun, March 14, 2005, U.S. District Court, Southern 
District of Florida (Miami), Case : 04-20605-CR-LENARD 004.
    (7) Rafael Alberto Samper, February 28, 2005, U.S. District Court, 
Southern District of Florida (Miami), Case : 04-20605-CR-
LENARD 003.
    (8) Antonio Tarrab, March 8, 2005, U.S. District Court, Southern 
District of Florida (Miami), Case : 04-20605-CR-LENARD 005.
    (9) Bilmer Alberto Paz, March 21, 2005, U.S. District Court, 
Southern District of Florida (Miami), Case : 04-20605-CR-
LENARD 006.
    (10) Raul Demolina, May 5, 2005, U.S. District Court, Southern 
District of Florida (Miami), Case : 04-20605-CR-LENARD(s).
    (11) Sotaro Inami, April 28, 2005, U.S. District Court, Eastern 
District of Pennsylvania, Case : 04-429.
    (12) Luis Hector Margaillon-Drabos (a.k.a. Pedro Marquez-Monreal; 
a.k.a. Luis Hector Margaillon; a.k.a. Jose Olivarez-Martinez), April 
18, 2005, U.S. District Court, District of Arizona (Tucson), Case 
: CR 04-00208-001-PHX-FJM.
    (13) Hemant Lakhani (a.k.a. Hemad Lakhani), September 12, 2005, 
U.S. District Court, District of New Jersey (Newark), Case : 
03-880-01.
    (14) Interaero, Inc., December 16, 2004, U.S. District Court, 
District of Columbia, Case : CR 04-317.
    (15) Renald Etienne, December 17, 1999, U.S. District Court, Middle 
District of Florida (Tampa), Case : 99-31-CR-FTM-26D.
    (16) David Tomkins, October 8, 2004, U.S. District Court, Southern 
District of Florida (Miami), Case : 94-204-CR-JORDAN.
    (17) Tanzeem A. Khan, September 11, 2001, U.S. District Court, 
District of Maryland (Baltimore), Case : JFM-01-085.
    (18) Tauquir A. Khan, September 11, 2001, U.S. District Court, 
District of Maryland (Baltimore), Case : JFM-01-085.
    (19) Eduardo Marin Mejias, November 23, 2005, U.S. District Court, 
Southern District of Florida (Miami), Case : 05-60128-CR-
ALTONAGA.
    (20) Neuro Enrique Gonzalez, November 8, 2005, U.S. District Court, 
Southern District of Florida (Miami), Case : 05-60128-CR-
ALTONAGA(s).
    (21) Randy Reyes, January 14, 2000, U.S. District Court, Eastern 
District of Wisconsin, Case : 98-CR-189.
    (22) Fermin Revuelta, December 14, 2000, U.S. District Court, 
Northern District of California, Case : CR-99-0117 CAL.
    (23) Fernando Sero (a.k.a. Ferdie Resada), December 15, 2005, U.S. 
District Court, Southern District of New York, Case  05 CR 
00340-01 (CLB).
    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., Sec. Sec.  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

[[Page 5404]]

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 Courts mentioned above and by 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.

    Dated: January 24, 2006.
John Hillen,
Assistant Secretary for Political-Military Affairs, Department of 
State.
 [FR Doc. E6-1339 Filed 1-31-06; 8:45 am]
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