[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Notices]
[Pages 48748-48749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17123]


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DEPARTMENT OF STATE

[Public Notice: 11808]


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 under the International Traffic in Arms 
Regulations (ITAR) on persons convicted of violating, or conspiracy to 
violate, the Arms Export Control Act (AECA).

DATES: Debarment imposed as of August 10, 2022.

FOR FURTHER INFORMATION CONTACT: Jae E. Shin, Director, Office of 
Defense Trade Controls Compliance, Bureau of Political-Military 
Affairs, Department of State. (202) 632-2107.

SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA, 22 U.S.C. 
2778(g)(4), restricts the Department of State from issuing licenses for 
the export of defense articles or defense services where the applicant, 
or any party to the export, has been convicted of violating the AECA or 
certain other statutes, enumerated in section 38 of the AECA, subject 
to a narrowly defined statutory exception. The Department refers to 
this restriction as a limitation on ``export privileges'' and 
implements a presumption of denial through section 127.11 of the ITAR.
    In addition, section 127.7(b) of the ITAR provides for ``statutory 
debarment'' of any person who has been convicted of violating or 
conspiring to violate the AECA. Under this policy, persons subject to 
statutory debarment are prohibited from participating directly or 
indirectly in any activities that are regulated by the ITAR.
    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.
    It is the policy of the Department of State that statutory 
debarment as described in section 127.7(b) of the ITAR lasts for a 
three-year period following the date of conviction. Reinstatement from 
the policy of statutory debarment is not automatic, and in all cases 
the debarred person must submit a request to the Department of State 
and be approved for reinstatement from statutory debarment before 
engaging in any activities subject to the ITAR.
    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 
response to a request for reinstatement from statutory debarment, the 
Department may determine either to rescind only the statutory debarment 
pursuant to section 127.7(b), or to both rescind the statutory 
debarment pursuant to section 127.7(b) of the ITAR and reinstate export 
privileges as described in section 127.11 of the ITAR. See 84 FR 7,411 
(March 4, 2019) for discussion of the Department's policy regarding 
actions to both rescind the statutory debarment and reinstate export 
privileges. The reinstatement of export privileges can be made only 
after the statutory requirements of section 38(g)(4) of the AECA have 
been satisfied.
    Certain exceptions, known as transaction exceptions, may be made to 
this debarment determination on a case-by-case basis. 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 from 
statutory debarment.
    Pursuant to section 38(g)(4) of the AECA and section 127.7(b) and 
(c)(1) of the ITAR, the following persons, having been convicted in a 
U.S. District Court, are denied export privileges and are statutorily 
debarred as of the date of this notice (Name; Date of Judgment; 
Judicial District; Case No.; Month/Year of Birth):
    (1) Awer, Akeem Shonari; February 14, 2020; Southern District of 
Florida; 1:19-cr-20564; December 1990.
    (2) Cabalceta, Oben; September 18, 2019; District of New Jersey; 
1:19-cr-00296; May 1965.
    (3) Camaj, Rrok Martin; February 28, 2020; Eastern District of 
Michigan; 2:19-cr-20403; July 1985.
    (4) Guerra, Claudia; March 4, 2019; Southern District of Texas; 
1:18-cr-00622; January 1992.
    (5) Sin, Aydan; a.k.a. Hon Chak Gordon Sin; a.k.a. Andy Sin; a.k.a. 
Bullion Sin; October 05, 2021; Western District of New York; 1:17-cr-
00090; January 1972.
    (6) Sobrado, Roger; September 5, 2019; District of New Jersey; 
1:18-cr-00615; May 1970.
    (7) Wang, Shaohua; a.k.a. Eric Wang; February 3, 2020; Southern 
District of the California; 3:19-cr-01895; September 1982.
    (8) Wang, Ye Sang; a.k.a. Ivy Wang; December 21, 2021; Southern 
District of California; 3:19-cr-01895; September 1984.
    (9) Xie, Tuqiang; a.k.a. Tony Xie; March 30, 2022; Northern 
District of Illinois; 1:19-cr-00664; March 1962.
    (10) Zhang, Jian; December 30, 2020; District of Arizona; 2:18-cr-
01236; January 1976.
    At the end of the three-year period following the date of this 
notice, the above-named persons remain debarred unless a request for 
reinstatement from statutory debarment is approved by the Department of 
State.
    Pursuant to section 120.1(c) of the ITAR, debarred persons are 
generally ineligible to participate in activities regulated under the 
ITAR. Also, under section 127.1(d) of the ITAR, any person who has 
knowledge that another person is ineligible pursuant to section 
120.1(c)(2) of the ITAR may not, without disclosure to and written 
approval from the Directorate of Defense Trade Controls, participate, 
directly or indirectly, in any ITAR-controlled transaction where such 
ineligible person may obtain benefit therefrom or have a direct or 
indirect interest therein.
    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 any export from or temporary import into 
the United States of defense articles, 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

[[Page 48749]]

above and by citing the court case number where provided.

Kevin E. Bryant,
Acting Director, Office of Directives Management, Department of State.
[FR Doc. 2022-17123 Filed 8-9-22; 8:45 am]
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