[Federal Register Volume 59, Number 196 (Wednesday, October 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25092]
[[Page Unknown]]
[Federal Register: October 12, 1994]
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DEPARTMENT OF STATE
Office of Defense Trade Controls
[Public Notice 2090]
Munitions Exports Involving Lockheed Aeronautical Systems
Company, Suleiman A. Nassar and Allen R. Love
AGENCY: Department of State.
ACTION: Notice.
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SUMMARY: Notice is hereby given that it shall be the policy of the
Department of State to deny all export license applications and other
requests for approval pursuant to section 38 of the Arms Export Control
Act, that request authorization for the export or transfer by, for or
to, or involve directly or indirectly, LOCKHEED AERONAUTICAL SYSTEMS
COMPANY, SULEIMAN A. NASSAR AND ALLEN R. LOVE and any of their
subsidiaries, or successor entities in connection with the transfer of
defense articles of defense services. (This denial policy does not
affect any other divisions of Lockheed Corporation.) This policy also
precludes the use in connection with such entities of any exemptions
from license or other approval included in the International Traffic in
Arms Regulations (ITAR) (22 CFR Parts 120-130) except as those
exemptions directly pertain to licenses or other written approvals
granted prior to June 22, 1994.
EFFECTIVE DATE: June 22, 1994.
FOR FURTHER INFORMATION CONTACT:
Mary F. Sweeney, Acting Chief, Compliance and Enforcement Branch,
Office of Defense Trade Controls, Bureau of Political-Military Affairs,
Department of State (703-875-6650).
SUPPLEMENTARY INFORMATION: A nine (9) count indictment was returned on
June 22, 1994, in the U.S. District Court, Northern District of
Georgia, charging Lockheed Corporation (Lockheed Aeronautical Systems
Company, a division of Lockheed Corporation), Suleiman A. Nassar
(employee of Lockheed Corporation International S.A.) and Allen R. Love
(employee of Lockheed Aeronautical Systems) with conspiracy (18 U.S.C.
Sec. 371) to violate and violation of section 104 of the Foreign
Corrupt Practices Act (15 U.S.C. Sec. 78dd-1 and 78ff(c)(2). The
indictment charges that the defendants conspired to retain a
consultant, who was a member of the Egyptian Parliament, to use
influence with Egyptian government officials in an effort to assist
Lockheed in procuring a contract for the sale of three C-130 Hercules
Aircraft to Government of Egypt. (United States v. Lockheed
Corporation, et al., U.S. District Court, Northern District of Georgia,
Criminal Docket No. 1:94-CR-226).
On June 22, 1994, the Department of State instituted a policy of
denial of all requests for licenses and other written approvals
(including all activities under manufacturing license and technical
assistance agreements) concerning exports of defense articles and
provision of defense services, by, for or to, or involving directly or
indirectly, the above-named defendants and any of their subsidiaries or
successor entities. Furthermore, the Department precluded the use in
connection with those defendants of any exemptions from license or
other approval included in the ITAR except as those exemptions directly
pertain to licenses or other written approvals granted prior to June
22, 1994.
This action has been taken pursuant to sections 38 and 42 of the
Arms Export Control Act (AECA) (22 U.S.C. Secs. 2778 & 2791) and 22 CFR
126.7(a)(2) and 126.7(a)(3) of the ITAR. It will remain in force until
rescinded.
Exceptions may be made to this denial policy on a case-by-case
basis at the discretion of the Office of Defense Trade Controls.
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; and whether other compelling
circumstances exist which are consistent with the foreign policy or
national security interests of the United States, and which do not
conflict with law enforcement concerns.
As a result of a recent review of the policy involving indicted
persons, a person (as defined at 22 CFR 120.14) named in an indictment
for an AECA-related violation may submit a written request for
reconsideration of the denial decision to the Office of Defense Trade
Controls. Such request for reconsideration should be supported by
evidence of remedial measures taken to prevent future violations of the
AECA and/or the ITAR and other pertinent documented information showing
that the person would not be a risk for future violations of the AECA
and/or the ITAR. The Office of Defense Trade Controls will evaluate the
submission in consultation with the Departments of Treasury, Justice,
and other necessary agencies. After a decision on the request for
reconsideration has been rendered by the Assistant Secretary for
Political-Military Affairs, the requester will be notified whether the
exception has been granted.
Dated: August 17, 1994.
Thomas E. McNamara,
Acting Assistant Secretary, Bureau of Political-Military Affairs,
Department of State.
[FR Doc. 94-25092 Filed 10-11-94; 8:45 am]
BILLING CODE 4710-25-M
