Notice2023-11686
Bureau of Political-Military Affairs; Administrative Debarment Under the International Traffic in Arms Regulations Involving VTA Telecom Corporation
Primary source
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Published
June 1, 2023
Issuing agencies
State Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 105 (Thursday, June 1, 2023)</title>
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[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Notices]
[Pages 35994-35995]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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</html>Indexed from Federal Register on June 1, 2023.
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