[Federal Register Volume 64, Number 90 (Tuesday, May 11, 1999)]
[Notices]
[Pages 25389-25390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11862]
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DEPARTMENT OF STATE
[Public Notice 3046]
Office of Defense Trade Contols; Statutory Debarment Under the
International Traffic in Arms Regulations
AGENCY: Department of State.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Department of State has
imposed statutory debarment pursuant to Sec. 127.7(c) of the
International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130)
on persons convicted of violating or conspiring to violate section 38
of the Arms Export Control Act (AECA) (22 U.S.C. 2778).
EFFECTIVE DATE: Date of conviction as specified for each person.
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 prohibits
licenses and other approvals for the export of defense articles and the
furnishing of defense services to be issued to a person, or any party
to the export, convicted of violating or conspiring to violate the
AECA. Pursuant to Sec. 127.7(c)
[[Page 25390]]
of the ITAR, statutory debarment is imposed upon persons convicted of
violating or conspiring to violate the AECA. Statutory debarment is
based solely upon a conviction in a criminal proceeding, conducted by a
United States court, and as such the administrative proceedings
outlined in part 128 of the ITAR are not applicable.
This notice is provided in order to make the public aware that the
persons listed below are prohibited from participating directly or
indirectly in any brokering activities and in any export from or
temporary import into the United States of defense articles, related
technical data, or defense services in all situations covered by the
ITAR (name/offense/date/court):
1. Robert Cassidy, 18 U.S.C. 371 (Conspiracy to violate 22 U.S.C.
2778), 09/23/98, Eastern District of Virginia, Docket No: 2;98 CR-60.
2. George K. Cheng, 22 U.S.C. 2778, July 17, 1998, District of Oregon,
Docket No: 97-CR-412-ALL.
3. Robert S. Fairchild, 22 U.S.C. 2778, March 12, 1999, Southern
District of Florida, Docket No: 97-CR-6104-1.
4. Donn R. Proven, 22 U.S.C. 2778, March 8, 1999, Southern District of
Florida, Docket No: 97-6104-CR.
5. Parviz Lavi, 18 U.S.C.371 (Conspiracy to violate 22 U.S.C. 2778),
July 13, 1998, Eastern District of Virginia, Docket No: 2;98 CR-60.
Specific case information may be obtained from the Office of the
Clerk for each respective U.S. District Court, citing the court docket
number where provided.
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
exercise of this foreign affairs function is discretionary, it is
excluded from review under the Administrative Procedure Act.
Dated: April 18, 1999.
William J. Lowell,
Director, Office of Defense Trade Controls,
Bureau of Political-Military Affairs,
Department of State.
[FR Doc. 99-11862 Filed 5-10-99; 8:45 am]
BILLING CODE 4710-25-P
