[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Notices]
[Pages 39967-39968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14053]
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DEPARTMENT OF STATE
[Public Notice: 11146]
Statutory Debarment Under the Arms Export Control Act and the
International Traffic in Arms Regulations; Correction
ACTION: Notice; correction.
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SUMMARY: The Department of State is correcting Public Notice 11118
published in the Federal Register on May 20, 2020 imposing 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). The effective date for the
imposition of statutory debarment remains May 20, 2020.
FOR FURTHER INFORMATION CONTACT: Jae E. Shin, Director, Office of
Defense Trade Controls Compliance, Bureau of Political-Military
Affairs, Department of State at (202) 632-2107.
SUPPLEMENTARY INFORMATION: The primary purpose of this correction is to
clarify Department policy as previously noted in Federal Register
notice 84 FR 26500 (June 6, 2019).
In FR Doc. 2020-10862, published on May 20, 2020, on page 30783, in
the second column, through the end of the notice on page 30784, in the
second column, the SUPPLEMENTARY INFORMATION section is corrected to
read as follows:
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 Sec. 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 Sec. 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 Sec. 127.7(b), or to both
rescind the statutory debarment pursuant to Sec. 127.7(b) and
reinstate export privileges as described in Sec. 127.11 of the ITAR.
See 84 FR 7411 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 Sec. 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 May 20, 2020 (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.
[[Page 39968]]
(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.
(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 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.
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 Sec. 120.1(c) of the ITAR, debarred persons are
generally ineligible to participate in activity regulated under the
ITAR. Also, under Sec. 127.1(d) of the ITAR, any person who has
knowledge that another person is ineligible pursuant to Sec.
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.
R. Clarke Cooper,
Assistant Secretary, Bureau of Political Military Affairs, Department
of State.
[FR Doc. 2020-14053 Filed 7-1-20; 8:45 am]
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