[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Notices]
[Pages 43414-43416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18043]


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DEPARTMENT OF STATE

[Public Notice 7962]


Bureau of Political-Military Affairs; Statutory Debarment Under 
the Arms Export Control Act and 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 Sec.  127.7(c) of the 
International Traffic in Arms Regulations (``ITAR'') (22 CFR Parts 120 
to 130) on persons convicted of violating, or conspiracy to violate, 
Section 38 of the Arms Export Control Act, as amended (``AECA'') (22 
U.S.C. 2778). Further, a public notice was published in the Federal 
Register on Tuesday, November 15, 2011, listing persons statutorily 
debarred pursuant to the ITAR; this notice makes one correction to that 
notice.

DATES: Effective Date: The effective date is the date of this notice.

FOR FURTHER INFORMATION CONTACT: Lisa Aguirre, Director, Office of 
Defense Trade Controls Compliance, Bureau of Political-Military 
Affairs, Department of State (202) 632-2798.

SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA, 22 U.S.C. 
2778(g)(4), prohibits the Department of State from issuing licenses or 
other approvals for the export of defense articles or defense services 
where the applicant, or any party to the export, has been convicted of 
violating certain statutes, including the AECA. The statute permits 
limited exceptions to be made on a case-by-case basis. In implementing 
this provision, Section 127.7 of the ITAR provides for ``statutory 
debarment'' of any person who has been convicted of violating or 
conspiring to violate the AECA. Persons subject to statutory debarment 
are prohibited 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.
    Statutory debarment is based solely upon conviction in a criminal 
proceeding, conducted by a United States Court, and as such the 
administrative debarment procedures 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. Export privileges may be reinstated only at the request 
of the debarred person followed by 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 export 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. Any 
decision to grant reinstatement can be made only after the statutory 
requirements of 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-case basis at the discretion 
of the Assistant Secretary of State for Political-Military Affairs, 
after consulting with the appropriate U.S. agencies. 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(g)(4) of the AECA and Section 127.7(c) of 
the ITAR, the following persons are statutorily debarred as of the date 
of this notice (Name; Date of Conviction; District; Case No.; Month/
Year of Birth):

(1) Miguel Avendano-Reyna; April 30, 2012; U.S. District Court, 
Southern District of Texas; Case No. 7:11CR00999-S1-001; April, 1976.
(2) Davoud Baniameri (aka Davoud Baniamery, David Baniameri, David 
Baniamery); August 12, 2011; U.S. District Court, Northern District of 
Illinois; Case No. 09-CR-736-1; August, 1972.
(3) Donald V. Bernardo; November 16, 2011; U.S. District Court, 
Southern District of Florida; Case No. 1:10-60331-CR-SEITZ-1; November, 
1938.
(4) Jorge Blanco-Castillo; September 20, 2011; U.S. District Court, 
Southern District of Texas; Case No. 1:11CR00178-001; November, 1969.
(5) Igor Bobel; May 11, 2012; U.S. District Court, Eastern District of 
Pennsylvania; Case No. 11-CR-00749-HB-1; February, 1968.
(6) Oscar Edwardo Cantu; March 21, 2012; U.S. District Court, Southern 
District of Texas; Case No. 7:11CR00686-S1-001; March, 1980.
(7) Henson Chua; November 8, 2011; U.S. District Court, Middle District 
of Florida; Case No. 8:11-CR-137-T-30AEP; January, 1964.
(8) Kue Sang Chun; November 15, 2011; U.S. District Court, Northern 
District of Ohio; Case No. 1:11CR00009-001; October, 1943.
(9) Luz Sylvia Cortez; November 28, 2011; U.S. District Court, Southern 
District of Texas; Case No. 7:10CR00061-002; April, 1976.
(10) Dan Tran Dang; April 16, 2012; U.S. District Court, Central 
District of California; Case No. SACR 08-00322-CJC; December, 1954.
(11) Santos Isidro de la Paz; May 11, 2012; U.S. District Court, 
Southern District of Texas; Case No. 7:11CR00396-007; September, 1988.
(12) Anna Fermanova; October 26, 2011; U.S. District Court, Eastern 
District of New York; Case No. CR11-00008(CBA); July, 1986.
(13) Galaxy Aviation Services; June 30, 2011; U.S. District Court, 
Middle District of Georgia; Case No. 5:10-CR-00058-004-MTT; N/A.
(14) Ruslan Gilchenko; February 4, 2011; U.S. District Court, District 
of Arizona; Case No. CR10-00233-001-PHX-FJM; October, 1976.
(15) Juan Victorian Gimenez; March 21, 2012; U.S. District Court, 
Southern District of Florida; Case No. 1:11-20669-CR-MARTINEZ-1; 
October, 1983.
(16) Enrique Gustavo Gonzalez; April 28, 2012; U.S. District Court, 
Southern District of Texas; Case No. 7:10CR01032-001; September, 1990.
(17) Issac Obed Gonzalez; July 11, 2011; U.S. District Court, Southern

[[Page 43415]]

District of Texas; Case No. 7:10CR01171-001; October, 1989.
(18) Steven Neal Greenoe; January 10, 2012; U.S. District Court, 
Eastern District of North Carolina; Case No. 5:10-CR-277-1H; November, 
1973.
(19) Stephen Glen Guerra; February 6, 2012; U.S. District Court, 
Western District of Texas; Case No. W-11-CR-200(04); February, 1979.
(20) Oscar Hernandez-Bravo (aka Oscar Bravo Hernandez); April 4, 2012; 
U.S. District Court, Southern District of Texas; Case No. 7:09CR00809-
S1-001; February, 1971.
(21) Chou-Fu Ho; September 20, 2011; U.S. District Court, Southern 
District of California; Case No. 10CR2415 BTM; September, 1971.
(22) Rene Huerta, Jr.; August 16, 2011; U.S. District Court, Southern 
District of Texas; Case No. 1:10CR01396-001; October, 1972.
(23) Liem Duc Huynh (aka Duc Huynh); April 17, 2012; U.S. District 
Court, Central District of California; Case No. SACR 08-00322-CJC; 
September, 1959.
(24) Octavio Ibarra-Sanchez; February 22, 2012; U.S. District Court, 
Southern District of Texas; Case No. 7:11CR01518-001; March, 1984.
(25) Phillip Andro Jamison; November 8, 2011; U.S. District Court, 
Southern District of California; Case No. 10CR3618-H; February, 1980.
(26) Young Su Kim; August 19, 2011; U.S. District Court, District of 
Colorado; Case No. 11-cr-00171-LTB-01; August, 1953.
(27) Marc Knapp; September 13, 2011; U.S. District Court, District of 
Delaware; Case No. 10CR108-LPS; December, 1974.
(28) Connor H. Kraegel; August 24, 2011; U.S. District Court, District 
of Maryland; Case No. AW-8-11-CR-0273-001; October, 1990.
(29) Li Li (aka Lea Li); October 3, 2011; U.S. District Court, Eastern 
District of Virginia; Case No. 1:10CR00207-002; April, 1978.
(30) Mario Julian Martinez-Bernache; March 15, 2012; U.S. District 
Court, Southern District of Texas; Case No. 1:11CR00759-001; August, 
1989.
(31) Scott Michael Miller; December 1, 2011; U.S. District Court, 
Southern District of New York; Case No. 06 Crim. 0566 (DC); August, 
1958.
(32) Placido Molina, Jr.; March 2, 2012; U.S. District Court, Southern 
District of Texas; Case No. 1:11CR00530-001; September, 1984.
(33) Balraj Naidu; December 20, 2010; U.S. District Court, District of 
Maryland; Case No. CCB-1-08-CR-00091-002; February, 1967.
(34) Jamal Nehme; May 26, 2011; U.S. District Court, District of 
Delaware; Case No. 09-CR-74-01 GMS; April, 1963.
(35) Joseph Oldani; June 3, 2009; U.S. District Court, Southern 
District of West Virginia; Case No. 3:08-00287; August, 1987.
(36) Timothy Oldani; June 3, 2009; U.S. District Court, Southern 
District of West Virginia; Case No. 3:09-00010; November, 1984.
(37) John Dennis Tan Ong (aka Dennis Ong, John Tan Ong); December 19, 
2011; U.S. District Court, Northern District of Georgia; Case No. 1:10-
cr-352-JEC-01; November, 1973.
(38) Juan Narcizo Oyervides-Campos; November 21, 2011; U.S. District 
Court, Southern District of Texas; Case No. 7:11CR00338-001; July, 
1990.
(39) Manuel Mario Pavon; January 13, 2012; U.S. District Court, 
Southern District of Texas; Case No. 7:11CR01434-S-001; June, 1991.
(40) Jerome Stuart Pendzich; October 12, 2011; U.S. District Court, 
Eastern District of Tennessee; Case No. 3:10-CR-168-001; March, 1977.
(41) Lee Roy Perez; December 13, 2011; U.S. District Court, Southern 
District of Texas; Case No. 7:11CR00389-001; July, 1987.
(42) Julio Alejandro Quirino; August 31, 2011; U.S. District Court, 
Southern District of Texas; Case No. 7:10CR01171-002; November, 1984.
(43) Ramadan Rama; July 21, 2011; U.S. District Court, Eastern District 
of North Carolina; Case No. 5:10-CR-397-1D; December, 1970.
(44) Martin Ramirez-Rodriguez (aka Julian Garcia-Penaloza, Alberto 
Moreno-Garza, Machin Aguilar-Gaona); November 9, 2010; U.S. District 
Court, Northern District of Florida; Case No. 5:10CR39-002-RS; October, 
1983.
(45) Jose Arturo Ramon-Herrada; February 24, 2012; U.S. District Court, 
Southern District of Texas; Case No. 7:11CR00853-002; February, 1983.
(46) Felix Reyes; July 28, 2011; U.S. District Court, Southern District 
of Texas; Case No. 7:10CR01500-001; March, 1992.
(47) Jose Guadalupe Reyes-Martinez; November 21, 2011; U.S. District 
Court, Southern District of Texas; Case No. 7:11CR00396-010; September, 
1982.
(48) Adrian Jesus Reyna; January 27, 2012; U.S. District Court, Western 
District of Texas; Case No. W-11-CR-200(01); July, 1986.
(49) Gerardo Domingo Rodriguez-Rivera; January 13, 2012; U.S. District 
Court, Southern District of Texas; Case No. 7:11CR01434-S-002; June, 
1993.
    (50) Nestor Omar Sauceda-Trevino; July 18, 2011; U.S. District 
Court, Southern District of Texas; Case No. 1:11CR00240-001; May, 1990.
    (51) Hamid Seifi, (aka Hank Seifi); July 5, 2011; U.S. District 
Court, Middle District of Georgia; Case No. 5:10-CR-00058-003-MTT; 
March, 1963.
    (52) Chan Hok Shek, (aka John Chan); September 27, 2011; U.S. 
District Court, District of Massachusetts; Case No. 1:08-CR-10317-001-
DPW; December, 1953.
    (53) Andrew Silcox; March 1, 2012; U.S. District Court, Western 
District of Texas; Case No. SA-11-CR-883(1)FB; March, 1958.
    (54) Oscar Sorroza-Garcia; July 5, 2011; U.S. District Court, 
Southern District of California; Case No. 09CR3600-BEN; October, 1973.
    (55) Staff Gasket Manufacturing Corp.; September 15, 2011; U.S. 
District Court, District of New Jersey; Case No. 2:CR11-0256-01; N/A.
    (56) Swiss Technology, Inc.; November 15, 2011; U.S. District 
Court, District of New Jersey; Case No. 2:11-CR-473-JLL-01; N/A.
    (57) Leonardo Talamantez; April 23, 2012; U.S. District Court, 
Western District of Texas; Case No. DR-11-CR-1354(2)-AM; July, 1986.
    (58) The Parts Guys, LLC; November 3, 2011; U.S. District Court, 
Middle District of Georgia; Case No. 5:10-CR-00058-002-MTT; N/A.
    (59) Michael Edward Todd; November 8, 2011; U.S. District Court, 
Middle District of Georgia; Case No. 5:10-CR-00058-001-MTT; June, 1980.
    (60) Alfonso Torres; May 12, 2012; U.S. District Court, Southern 
District of Texas; Case No. 7:11CR00687-001; October, 1970.
    (61) Hong Wei Xian, (aka Harry Zan); October 3, 2011; U.S. District 
Court, Eastern District of Virginia; Case No. 1:10CR00207-001; 
December, 1978.
    (62) Lian Yang; October 27, 2011; U.S. District Court, Western 
District of Washington; Case No. 2:11CR00094TSZ-001; February, 1964.
    (63) Nguessan Yao; December 15, 2011; U.S. District Court, Northern 
District of California; Case No. CR-10-00434-002; January, 1955.
    (64) Edgar Daniel Zapata; April 30, 2012; U.S. District Court, 
Southern District of Texas; Case No. 7:11CR00396-001; August, 1980.

    As noted above, at the end of the three-year period following the 
date of this notice, the above named persons/entities remain debarred 
unless export privileges are reinstated.

[[Page 43416]]

    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)). Also, under Section 127.1(c) of the ITAR, any person 
who has knowledge that another person is subject to debarment or is 
otherwise ineligible may not, without disclosure to and written 
approval from the Directorate of Defense Trade Controls, participate, 
directly or indirectly, in any export in which such ineligible person 
may benefit there from or have a direct or indirect interest therein.
    Further, Federal Register document 2011-29470, published at 76 FR 
70805, Tuesday, November 15, 2011, is corrected on page 70807, line 12 
through line 15 to read as follows:

    1. Andrew V. ODonnell; August 1, 2011; U.S. District Court, 
Northern District of Georgia; Case No. 1:10-CR-491-CAP; July, 1977.

That notice of statutory debarment incorrectly identified the debarred 
party as ``Andrew V. O'Donnell'' and the Month/Year of birth of the 
debarred party as ``July, 1997.''
    This notice is provided for purposes of making the public aware 
that the persons listed above are prohibited from participating 
directly or indirectly in activities regulated by the ITAR, including 
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.

    Dated: July 17, 2012.
Andrew J. Shapiro,
Assistant Secretary, Bureau of Political-Military Affairs, Department 
of State.
[FR Doc. 2012-18043 Filed 7-23-12; 8:45 am]
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