[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Pages 1053-1054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-360]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF STATE
Office of Defense Trade Controls
[Public Notice 1928]
Statutory Debarment Under the International Traffic in Arms
Regulations
AGENCY: Department of State.
ACTION: Notice.
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SUMMARY: Notice is hereby given of which persons have been statutorily
debarred pursuant to Sec. 127.7(c) of the International Traffic in Arms
Regulations (22 CFR parts 120-130) (ITAR).
EFFECTIVE DATE: January 7, 1994.
FOR FURTHER INFORMATION CONTACT: Clyde G. Bryant Jr., Chief, Compliance
Enforcement Branch, Office of Defense Trade Controls, Department of
State (703-875-6650).
SUPPLEMENTARY INFORMATION: Section 38(g)(40(A) of the Arms Export
Control Act (AECA), 22 U.S.C. 2778, prohibits export licenses to be
issued to a person, or any party to the export, who has been convicted
of violating certain U.S. criminal statutes, including the AECA. The
term ``person,'' as defined in 22 CFR 120.14 of the International
Traffic in Arms Regulations (ITAR), means a natural person as well as a
corporation, business association, partnership, society, trust, or any
other entity, organization or group, including governmental entities.
The ITAR, specifically Sec. 126.7(e), defines the term ``party to the
export'' to include the president, the chief executive officer, and
other senior officers and officials of the license applicant; the
freight forwarders or designated exporting agent of the license
applicant; and any consignee or end-user of any item to be exported.
The statute permits certain limited exceptions to this prohibition to
be made on a case-by-case basis. 22 U.S.C. 2778(g)(4).
The ITAR, Sec. 127.7, authorizes the Assistant Secretary of State
for Political-Military Affairs to prohibit certain persons convicted of
violating, or conspiring to violate, the AECA from participating
directly or indirectly in the export of defense articles or in the
furnishing of defense services. Such a prohibition is referred to as a
``statutory debarment,'' which may be imposed on the basis of judicial
proceedings that resulted in a conviction for violating, or of
conspiring to violate, the AECA. See 22 CFR 127.7(c). The period for
debarment will normally be three years from the date of conviction. At
the end of the debarment period, licensing privileges may be reinstated
at the request of the debarred person following the necessary
interagency consultations, after a thorough review of the circumstances
surrounding the conviction, and a finding that appropriate steps have
been taken to mitigate any law enforcement concerns, as required by the
AECA, 22 U.S.C. 2778(g)(4).
Statutory debarment is based solely upon a conviction in a criminal
proceeding, conducted by a United States court. Thus, the
administrative debarment procedures, as outlined in the ITAR, 22 CFR
part 128, are not applicable in such cases.
The Department of State will not consider applications for licenses
or requests for approvals that involve any person or any party to the
export who has been convicted of violating, or of conspiring to
violate, the AECA during the period of statutory debarment. Persons who
have been statutorily debarred may appeal to the Under Secretary for
International Security Affairs for reconsideration of the ineligibility
determination. A request for reconsideration must be submitted in
writing within 30 days after a person has been informed of the adverse
decision. 22 CFR 127.7(d).
The Department of State policy permits debarred persons to apply
for an exception one year after the date of the debarment, in
accordance with the AECA, 22 U.S.C. 2778(g)(4)(A), and the ITAR,
Sec. 127.7. This request is made to the Director of the Office of
Defense Trade Controls. Any decision to grant an exception can be made
only after the statutory requirements under section 38(g)(4) of the
AECA have been satisfied. If the exception is granted, the debarment
will be suspended.
Pursuant to the AECA, 22 U.S.C. 2778(g)(4)(A), and the ITAR, 22 CFR
127.7, the Assistant Secretary for Political-Military Affairs has
statutorily debarred nine persons who have been convicted of conspiring
to violate or violating the AECA.
These persons have been debarred for a three-year period following
the date of their conviction, and have been so notified by a letter
from the Office of Defense Trade Controls. Pursuant to ITAR,
Sec. 127.7(c), the names of these persons, their offense, date of
conviction(s) and court of conviction(s) are hereby being published in
the Federal Register. Anyone who requires additional information to
determine whether a person has been debarred should contact the Office
of Defense Trade Controls.
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
exercising of this foreign affairs function is discretionary, it is
excluded from review under the Administrative Procedure Act.
In accordance with these authorities the following persons are
debarred for a period of three years following their conviction for
conspiring to violate or violating the AECA (name/address/offense/
conviction date/court citation):
1. Jetborne, Inc., 4010 N.W. 36th Avenue, Miami, FL 33142, 22 U.S.C.
2778 (violating the Arms Export Control Act), December 3, 1992, United
States v. Jetborne, Inc., (U.S. District Court, Southern District of
Florida, Criminal Docket No. 91-199-CR-MORENO(S)(01))
2. John L. Broussard, 110 Churchill Drive, Lafayette, LA 70501, 18
U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778), June 26, 1992,
United States v. John L. Broussard, (U.S. District Court, Western
District of Louisiana, Criminal Docket No. 91-60025-01)
3. Hilton Langley, 101 North Pine, Lafayette, LA 70501, 18 U.S.C. 371
(conspiracy to violate 22 U.S.C. 2778), June 26, 1992, United States v.
Hilton Langley, (U.S. District Court, Western District of Louisiana,
Criminal Docket No. 91-60025-02)
4. Edouard Michel Heldewier, 15630 S.W. 46th Terrace, Miami, FL 33185,
18 U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778) and 22 U.S.C. 2778
(violating the Arms Export Control Act), June 3, 1991, United States v.
Edouard Michel Heldewier, (U.S. District Court, Eastern District of
Michigan, Criminal Docket No. CR-90-81079-DT-01)
5. Miles Andrew Maynard, 1588 South Shore Drive, East Lansing, MI
48823, 18 U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778) and 22
U.S.C. 2778 (violating the Arms Export Control Act), June 3, 1991,
United States v. Miles Maynard, (U.S. District Court, Eastern District
of Michigan, Criminal Docket No. CR-90-81079-DT-02)
6. Phyllis Ware, 1588 South Shore Drive, East Lansing, MI 48823, 22
U.S.C. 2778 (violating the Arms Export Control Act), June 3, 1991,
United States v. Phyllis Ware, (U.S. District Court, Eastern District
of Michigan, Criminal Docket No. CR-90-81079-DT-03
7. Louis Haneef, Metropolitan Correctional Center, 15801 S.W. 137th
Avenue, Miami, FL 33177 18 U.S.C. 371 (conspiracy to violate 22 U.S.C.
2778) and 22 U.S.C. 2778 (violating the Arms Export Control Act),
December 30, 1991, United States v. Louis Haneef, et al., (U.S.
District Court, Southern District of Florida, Criminal Docket No. 90-
6161-CR-PAINE)
8. Colin J. Devellerez, 148 East 122nd Street, Upland, CA 91786, 18
U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778) and 22 U.S.C. 2778
(violating the Arms Export Control Act), September 14, 1993, United
States v. Japan Aviation Electronics Industry, Ltd, et al., (U.S.
District Court, District of Columbia, Criminal Docket No. 91-516-06)
9. Glenda Joyce Tucker, 1634 Edom Street, Carson, CA 90746, 22 U.S.C.
2778 (violating the Arms Export Control Act), September 20, 1993,
United States v. Glenda Joyce Tucker, (U.S. District Court, Central
District of California, Docket No. CR-93-425(A)-RSWL)
Dated: December 10, 1993.
William B. Robinson,
Director, Office of Defense Trade Controls, Bureau of Political-
Military Affairs, Department of State.
[FR Doc. 94-360 Filed 1-6-94; 8:45 am]
BILLING CODE 4710-25-M
