[Federal Register Volume 89, Number 122 (Tuesday, June 25, 2024)]
[Notices]
[Pages 53172-53173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13878]


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DEPARTMENT OF STATE

[Public Notice: 12429]


Statutory Debarment Under the Arms Export Control Act and the 
International Traffic in Arms Regulations

AGENCY: Bureau of Political-Military Affairs.

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 25, 2024.

FOR FURTHER INFORMATION CONTACT: Jae E. Shin, Director, Office of 
Defense Trade Controls Compliance, Bureau of Political-Military 
Affairs, Department of State: (202) 623-2785.

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(g)(1) 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.

[[Page 53173]]

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.
    The 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) of the ITAR, 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 may 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 the 
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):
    Akem, Roger; a.k.a. Akembuom, Roger; May 22, 2023; District of 
Maryland; 1:20-cr-00150; July 1970.
    Al Eyani, Fares Abdo; April 2, 2024; Northern District of 
California; 3:22-cr-00278; January 1983.
    Bangarie, Tse Ernst; April 18, 2023; District of Maryland; 1:21-cr-
00277; August 1975.
    Chang, En-Wei Eric; March 26, 2024; District of Maryland; 1:03-cr-
00090; November 1975.
    Fonguh, Wilson Che; May 25, 2023; District of Maryland, 1:21-cr-
00334; February 1982.
    Mancho, Godlove; May 2, 2023; District of Maryland; 1:21-cr-00322; 
November 1978.
    Nevidomy, Vladimir; June 5, 2018; Southern District of Florida; 
1:17-cr-20407; April 1986.
    Ngang, Edith; April 20, 2023; District of Maryland; 1:21-cr-00195; 
January 1966.
    Ngomanji, Anye Collins; a.k.a. Niba, Anye Collins; June 6, 2023; 
District of Maryland; 1:21-cr-00292; May 1978.
    Nji, Eric Fru; March 22, 2023; District of Maryland; 1:21-cr-00334; 
February 1981.
    Panchernikov, Igor; a.k.a. Maru, Mike; Panchernikov, Igor Vladimir; 
Panchernikov, Igor Vladimirovich; Panchemikov, Igor; June 26, 2023; 
Central District of California; 2:21-cr-00259; July 1981.
    Roggio, Ross; April 16, 2024; Middle District of Pennsylvania; 
3:18-cr-00097; December 1968.
    Sendino, Luis Guillermo; December 20, 2023; Northern District of 
California; 5:20-cr-00458; March 1972.
    Sery, Dror; January 29, 2024; Southern District of California; 
3:21-cr-02898; April 1952.
    St. Michael, Tamufor Nchumuluh; June 16, 2023; District of 
Maryland; 1:20-cr-00015; September 1980.
    Tita, Wilson Nuyila; April 5, 2023; District of Maryland; 1:21-cr-
00334; October 1975.
    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 120.16(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 
120.16(c) of the ITAR may not, without prior disclosure of the facts to 
and written authorization from the Directorate of Defense Trade 
Controls, participate, directly or indirectly, in any manner or 
capacity, 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 A. Lewis,
Assistant Secretary, Bureau of Political Military Affairs, Department 
of State.
[FR Doc. 2024-13878 Filed 6-24-24; 8:45 am]
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