[Federal Register Volume 63, Number 42 (Wednesday, March 4, 1998)]
[Notices]
[Page 10672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5716]
[[Page 10672]]
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DEPARTMENT OF STATE
[Public Notice 2753]
Office of Defense Trade Controls; Reinstatement of Eligibility To
Apply for Export/Retransfer Authorizations Pursuant to Section 38(g)(4)
of the Arms Export Control Act
AGENCY: Department of State.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Department of State has
suspended its statutory debarment against Fuchs Electronics (Pty) Ltd.
(Fuchs), the Fuchs Electronics Division of Reunert Limited, and, any
divisions, subsidiaries, associated companies, affiliated persons, and
successor entities pursuant to Section 38(g)(4) of the Arms Export
Control Act (AECA) (22 U.S.C. 2778) and Sec. 127.11(b) of the
International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-
130).
EFFECTIVE DATE: February 27, 1998.
FOR FURTHER INFORMATION CONTACT: Philip S. Rhoads, Chief, Compliance
and Enforcement Branch, Office of Defense Trade Controls, Department of
State (703-875-6644).
SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA and Section
127.7 of the ITAR prohibit the issuance of export licenses or other
approvals to a person, or any party to the export, who has been
convicted of violating certain U.S. criminal statutes enumerated at
Section 38(g)(1)(A) of the AECA and Section 120.27 of the ITAR. The
term ``person'' 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 term
``party to the export'' means the president, the chief executive
officer, and any other senior officers of the license applicant; and
any consignee or end-user of any item to be exported.
Fuchs pleaded guilty on February 27, 1997, to violating the AECA.
Pursuant to a Consent Agreement between Fuchs and the Department of
State, and an Order signed by the Assistant Secretary for Political-
Military Affairs, the Department of State imposed statutory debarment
against Fuchs, including the Fuchs Electronics Division of Reunert
Limited effective February 27, 1997 (see 62 Federal Register 13933,
March 24, 1997).
Section 38(g)(4) of the AECA permits reinstatement of eligibility
to apply for export/retransfer authorizations on a case-by-case basis
after consultation with the Secretary of the Treasury and after a
thorough review of the circumstances surrounding the conviction or
ineligibility to export and a finding that appropriate steps have been
taken to mitigate any law enforcement concerns.
In accordance with these authorities, effective February 27, 1998,
the debarment against Fuchs, including the Fuchs Electronics Division
of Reunert Limited, has been suspended. The effect of this notice is
that Fuchs, the Fuchs Electronic Division of Reunert Limited, and, any
divisions, subsidiaries, associated companies, affiliated persons, and
successor entities may participate in the export or transfer of defense
articles, related technical data, and defense services subject to
Section 38 of the AECA and the ITAR.
Dated: February 27, 1998.
William J. Lowell,
Director, Office of Defense Trade Controls, Bureau of Political-
Military Affairs, U.S. Department of State.
[FR Doc. 98-5716 Filed 3-3-98; 8:45 am]
BILLING CODE 4710-25-M
