[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Notices]
[Pages 72745-72746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28917]


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DEPARTMENT OF STATE

[Public Notice 8540]


Bureau of Political-Military Affairs; Administrative Debarment of 
LeAnne Lesmeister 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 administrative debarment pursuant to section 127.7(a) of the 
International Traffic in Arms Regulations (ITAR) (22 CFR parts 120 to 
130) on LeAnne Lesmeister.

DATES: Effective Date: November 25, 2013. (Date of signature of the 
Order)

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

SUPPLEMENTARY INFORMATION: The International Traffic in Arms 
Regulations (``ITAR''), the implementing regulations of Section 38 of 
the Arms Export Control Act, as amended, (``AECA'') (22 U.S.C. 2778), 
regulate the export and temporary import of defense articles and 
defense services. Section 127.7(a) of the ITAR authorizes the Assistant 
Secretary of State for Political-Military Affairs to debar any person 
who has been found, pursuant to part 128 of the ITAR, to have committed 
a violation of the AECA or the ITAR of such character as to provide a 
reasonable basis for the Directorate of Defense Trade Controls to 
believe that the violator cannot be relied upon to comply with the AECA 
or ITAR in the future. Such debarment prohibits the subject from 
participating directly or indirectly in any activities that are subject 
to the ITAR.
    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(d), and 127.11(a)). The Department of State applies a 
presumption of denial for licenses or other approvals involving such 
persons as described in ITAR section 127.11.
    Pursuant to section 38 of the AECA and section 128.3 of the ITAR, 
on July 15, 2013, the Department of State initiated administrative 
proceedings, by means of a charging letter, against LeAnne Lesmeister 
to impose debarment in accordance with section 127.7 of the ITAR. (The 
United States Department of State, Docket  13-DOS-0001). Ms. 
Lesmeister was charged with twenty-one violations in connection with 
the creation and use of export control documents containing false 
statements or omitting and misrepresenting material facts for the

[[Page 72746]]

purpose of exporting, retransferring, or furnishing defense articles, 
technical data, or defense services, and causing the unauthorized 
export of technical data and provision of defense services, all in 
violation of section 38 of the AECA and section 127 of the ITAR.
    Ms. Lesmeister, by and through her position of authority as an 
export compliance officer and empowered official at Honeywell 
International, Inc., created export control documents purporting to be 
authorized by the Department of State and presented those fabrications 
to her employer as valid Department of State authorizations. In this 
manner, Ms. Lesmeister caused her employer to rely on the falsified 
authorizations in the export of defense articles, including technical 
data, and provision of defense services without the requisite 
authorizations, all in violation of the AECA and ITAR.
    Due to Ms. Lesmeister's failure to answer the charges as provided 
in section 128.5(a) of the ITAR, the Department referred the case to an 
Administrative Law Judge for consideration, in accordance with section 
128.4 of the ITAR. Pursuant to section 128.3 of the ITAR and the 
Default Order of the Administrative Law Judge, dated October 29, 2013, 
Ms. Lesmeister's failure to answer the charges constituted an admission 
of the truth of the charges.
    Section 128.4 of the ITAR provides for a respondent's ability to 
petition to set aside defaults upon showing good cause; however, the 
filing of such a petition does not in any manner affect an order 
entered upon default and such order continues in full force and effect 
unless a further order is made modifying or terminating it.
    On November 25, 2013, as the result of the established violations 
and pursuant to section 127.7 of the ITAR, LeAnne Lesmeister was 
administratively debarred by the Assistant Secretary of State for 
Political-Military Affairs for a period of three years, until November 
25, 2016; Reinstatement after November 25, 2016 is not automatic. At 
the end of the debarment period, Ms. Lesmeister may apply for 
reinstatement. Until licensing privileges are reinstated, Ms. 
Lesmeister will remain debarred. No civil penalties have been imposed 
at this time.
    This notice is provided to make the public aware that the person 
listed above is 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.
    Further, pursuant to section 120.1(d) of the ITAR, persons with 
knowledge that another person is ineligible must obtain authorization 
from the Directorate of Defense Trade Controls prior to, directly or 
indirectly and in any manner or capacity, applying for, obtaining, or 
using any export control document for such ineligible person, or 
ordering, buying, receiving, using, selling, delivering, storing, 
disposing of, forwarding, transporting, financing, or otherwise 
servicing or participating in any manner in any transaction that may 
involve any defense article, which includes technical data, defense 
services, or brokering activities, where such ineligible person may 
obtain any benefit therefrom or have any direct or indirect interest 
therein.
    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 interests; whether an exception would 
further law enforcement concerns that are consistent with 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 
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 Procedures Act. Because the 
exercise of this foreign affairs function is highly discretionary, it 
is excluded from review under the Administrative Procedures Act.

    Dated: November 25, 2013.
Tom Kelly,
Acting Assistant Secretary, Bureau of Political-Military Affairs, 
Department of State.
[FR Doc. 2013-28917 Filed 12-2-13; 8:45 am]
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