[Federal Register Volume 85, Number 98 (Wednesday, May 20, 2020)]
[Notices]
[Pages 30783-30784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10862]
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DEPARTMENT OF STATE
[Public Notice 11118]
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, Section 38 of the Arms Export Control Act (AECA).
DATES: Debarment imposed as of May 20, 2020.
FOR FURTHER INFORMATION CONTACT: Jae 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 statute permits the
President to make certain exceptions 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 lasts for a three year period following conviction. Unless
export privileges are reinstated, however, the person remains debarred.
Reinstatement is not automatic, and in all cases the debarred person
must submit a request for reinstatement to the Department of State and
be approved for reinstatement before engaging in any activities subject
to this subchapter.
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 debarment. Any
decision to grant reinstatement 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.
Pursuant to Section 38(g)(4) of the AECA and Section 127.7(c) of
the ITAR, the following persons, having been convicted in a U.S.
District Court, are statutorily debarred as of the date of this notice
(Name; Date of Judgment; Judicial District; Case No.; Month/Year of
Birth):
(1) Asad-Ghanem, Rami Najm (aka Ghanem, Rami Najm); August 19,
2019; Central District of California; 2:15-cr-00704; June 1966.
(2) Boyko, Gennadiy; December 7, 2018; Northern District of
Georgia; 1:16-cr-00338; February 1970.
(3) Browning, Scott Douglas; August 9, 2019; Eastern District of
North Carolina; 5:18-cr-00036; April 1977.
(4) Brunt, Paul Stuart; March 1, 2019; Western District of
Washington; 2:18-cr-00025; February 1966.
(5) Chehade, Walid; May 8, 2019; Western District of Michigan;
1:17-cr-00263; July 1981.
(6) Dequarto, Dominick; December 5, 2018; Middle District of
Florida; 8:18-cr-00320; December 1965.
[[Page 30784]]
(7) Diab, Hicham, June 11, 2019; Western District of Washington;
2:18-cr-00282; July 1976.
(8) El Mir, Nafez; June 11, 2019; Western District of
Washington; 2:18-cr-00282; November 1967.
(9) Heubschmann, Andy Lloyd; December 17, 2019; Eastern District
of Wisconsin; 1:19-cr-00119; November 1959.
(10) Joseph, Junior Joel; April 12, 2019; Southern District of
Florida; 9:18-cr-80139; February 1978.
(11) Peterson, John James; November 18, 2019; Southern District
of Florida; 1:19-cr-20442; February 1959.
(12) Prezas, Julian; November 3, 2017; Western District of
Texas; 5:16-cr-00040; January 1980.
(13) Rodriguez, Chris; October 18, 2019; Eastern District of
Virginia; 1:19-cr-00153; April 1962.
(14) Ruchtein, Sergio; October 29, 2019; Eastern District of
Pennsylvania; 2:19-cr-00309; October 1967.
(15) Saiag, Allexander (aka Saiag, Alexandre); November 22,
2019; Eastern District of New York; 1:19-cr-00129; September 1986.
(16) Saidi, Abdul Majid; March 15, 2019; Western District of
Michigan; 1:17-cr-00263; March 1976.
(17) Shapovalov, Michael (aka Mikhail Shapovalov); May 29, 2018;
District of Connecticut; 3:17-cr-00272; November 1986.
(18) Sheng, Zimo; December 14, 2018; Eastern District of
Wisconsin; 2:18-cr-00108; August 1989.
(19) Srivaranon, Apichart, April 15, 2019; District of Maryland;
8:16-cr-00542; February 24, 1985.
(20) Taylor, Maurice; July 22, 2019; Southern District of
Mississippi; 3:18-cr-00260; October 1985.
(21) Tishchenko, Oleg Mikhaylovich; June 21, 2019; District of
Utah; 1:16-cr-00034; April 1977.
(22) Zamarron-Luna, Carlos Antonio; October 19, 2019; Southern
District of Texas; 7:18-cr-01043; March 1967.
(23) Zuppone, Brunella; November 18, 2019; Southern District of
Florida; 1:19-cr-20442; May 1952.
As noted above, at the end of the three-year period following the
date of this notice, the above named persons/entities remain debarred
unless export privileges are reinstated. Debarred persons are generally
ineligible to participate in activity regulated under the ITAR (see
e.g., sections 120.1(c) and (d), and 127.11(a)). Also, under Section
127.1(d) of the ITAR, any person who has knowledge that another person
is subject to debarment or is otherwise ineligible 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.
R. Clarke Cooper,
Assistant Secretary, Bureau of Political-Military Affairs, Department
of State.
[FR Doc. 2020-10862 Filed 5-19-20; 8:45 am]
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