[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Notices]
[Pages 35994-35995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11686]


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DEPARTMENT OF STATE

[Public Notice: 12068]


Bureau of Political-Military Affairs; Administrative Debarment 
Under the International Traffic in Arms Regulations Involving VTA 
Telecom Corporation

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Department of State has 
imposed administrative debarment under the International Traffic in 
Arms Regulations (ITAR) on VTA Telecom Corporation.

DATES: Debarment imposed as of April 20, 2023.

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 127.7(c)(2) 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 Arms Export Control Act (AECA) when 
such violation is 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., Sec. Sec.  120.15(b), 
120.16, 120.18, 127.1(c), and 127.11(a)). The Department of State will 
not consider applications for licenses or requests for approvals that 
involve any debarred person.
    VTA Telecom Corporation (VTA) violated the ITAR when it without 
authorization exported or attempted to export ITAR-controlled defense 
articles including hobby rocket motors, video trackers, including 
related technical data, and a gas turbine engine controlled under U.S. 
Munitions List Categories IV(d)(7), IV(h), IV(h)(11), XII(a), and 
XIX(c) to Vietnam, a proscribed country identified in ITAR 126.1 at the 
time of the ITAR violations. In addition, VTA violated the ITAR by 
knowingly providing false statements on the required end-use statements 
for the purpose of causing the export of defense articles to Vietnam.
    On April 20, 2023, VTA entered into a Consent Agreement with the 
Department of State that settled its ITAR violations and that, pursuant 
to order of the Assistant Secretary for Political-Military Affairs, 
administratively debarred the company until April 20, 2026. 
Reinstatement after April 20, 2026, is not automatic, and it is 
contingent on VTA's full compliance with the terms of the April 20, 
2023, Consent Agreement. At the end of the debarment period, VTA may 
apply for reinstatement.
    This notice is provided to make the public aware that VTA is 
prohibited from participating directly or indirectly in defense trade, 
including any activities subject to the ITAR. 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 may 
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 Procedure Act. Because the 
exercise of this foreign affairs function is highly discretionary,

[[Page 35995]]

it is excluded from review under the Administrative Procedure Act.

Jessica A. Lewis,
Assistant Secretary, Political-Military Affairs Bureau, Department of 
State.
[FR Doc. 2023-11686 Filed 5-31-23; 8:45 am]
BILLING CODE 4710-25-P