Notice2021-11737
Bureau of Political-Military Affairs; Statutory Debarment Under the Arms Export Control Act and the International Traffic in Arms Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 4, 2021
Issuing agencies
State Department
Abstract
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).
Full Text
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<title>Federal Register, Volume 86 Issue 106 (Friday, June 4, 2021)</title>
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[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Notices]
[Pages 30074-30075]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11737]
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DEPARTMENT OF STATE
[Public Notice: 11433]
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 4, 2021.
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 certain
statutes, including section 38 of the AECA. The Department refers to
this restriction as a limitation on ``export privileges,'' and
implements it through section 127.11 of the ITAR. The statute and
regulations permit the President to make certain exceptions to the
restriction on export privileges on a case-by-case basis. Section
127.7(b) of the ITAR also 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 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 from statutory debarment 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) and
reinstate export privileges as described in section 127.11 of the ITAR.
See 84 FR 7,411 for discussion on 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 sections 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
[[Page 30075]]
notice (Name; Date of Judgment; Judicial District; Case No.; Month/Year
of Birth):
(1) Danso, Ronald Adjei; September 15, 2020; District of Utah;
2:19-cr-00184-JNP; November 1968.
(2) Higuera, Julian Alonso; September 24, 2020; District of
Arizona; 4:16-cr-00437-RM-DTF; October 1990.
(3) Li, Qingshan; June 12, 2020; Southern District of
California; 3:19-cr-02564-CAB; February 1985.
(4) Park, Si Mong; September 14, 2020; District of the District
of Columbia; 1:17-cr-00228-RC; September 1970.
(5) Rubio, Maritza; June 6, 2019; District of Arizona; 4:17-cr-
02027-CKJ-EJM; February 1979.
(6) Sun, Wei; November 18, 2020; District of Arizona; 4:19-cr-
00472-RM-JR; December 1971.
(7) Williams, Randy Lew; March 3, 2021; Western District of
Oklahoma; 5:20-cr-00106-JD; August 1963.
At the end of the three-year period following the date of
conviction, 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 activity 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.
Timothy A. Betts,
Acting Assistant Secretary, Bureau of Political-Military Affairs, U.S.
Department of State.
[FR Doc. 2021-11737 Filed 6-3-21; 8:45 am]
BILLING CODE 4710-25-P
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