[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39323-39324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12789]


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DEPARTMENT OF STATE

[Public Notice: 12095]


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 June 15, 2023.

FOR FURTHER INFORMATION CONTACT: Jae E. Shin, Director, Office of 
Defense Trade Controls Compliance, Bureau of Political-Military 
Affairs, Department of State: [email protected], (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. This provision establishes a 
presumption of denial for licenses or other approvals involving such 
persons. The Department refers to this restriction as a limitation on 
``export privileges'' and implements this 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 and to prohibit that 
person from participating directly or indirectly in any activities that 
are regulated by the ITAR. 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 statutory 
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 7411 (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 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 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):
    Almendarez, Maria Guadalupe; May 10, 2022; Eastern District of 
Arkansas; 4:19-cr-00116; December 1980.
    B[uuml]key, Murat; a.k.a. Bukey, Murat; a.k.a. Murat, Recep; March 
22, 2023; District of Columbia; 1:18-cr-00129; January 1971.
    Cassidy, Kevin Jerome; September 13, 2022; District of Arizona; 
2:18-cr-01236; December 1959.
    Hamade, Usama Darwich; a.k.a. Hamade, Prince Sam; July 22, 2020; 
District of Minnesota; 0:15-cr-00237; December 1964.
    Pierson, Andrew Scott; April 29, 2022; Eastern District of 
Arkansas; 4:19-cr-00116; May 1975.
    Radionov, Ihor; August 27, 2021; Middle District of Florida; 8:20-
cr-00308; January 1969.
    Sery, Joe; September 19, 2022; Southern District of California; 
3:21-cr-02898; June 1944.
    Ugur, Arif; December 16, 2022; District of Massachusetts; 1:21-cr-
10221; January 1969.

[[Page 39324]]

    Veletanlic, Hany; January 27, 2020; Western District of Washington; 
2:18-cr-00162; December 1983.
    Wu, Tian Min; a.k.a. Wu, Bob; a.k.a. Wu, David; a.k.a. Sones, 
Graham; a.k.a. Wang, Edward; June 9, 2021; Central District of 
California; 2:17-cr-00081; April 1965.
    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 above and by citing the court case number 
where provided.

Jessica Lewis,
Assistant Secretary, Department of State.
[FR Doc. 2023-12789 Filed 6-14-23; 8:45 am]
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