[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15920]
[[Page Unknown]]
[Federal Register: June 30, 1994]
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DEPARTMENT OF STATE
Office of Defense Trade Controls
[Public Notice 2027]
Munitions Exports Involving the Armaments Corporation of South
Africa, Ltd., a/k/a ARMSCOR, and Related Entities and Individuals
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 involving, directly or indirectly: the Armaments
Corporation of South Africa, Ltd, a/k/a ARMSCOR, an agency of the South
African Government; the Denel Group (Pty) Ltd., a/k/a DENEL, a wholly-
owned company of the South African Government; Kentron (Pty) Ltd.
(KENTRON); Fuchs Electronics (Pty) Ltd. (FUCHS); William Randy
METELERKAMP. Vern DAVIS; Brian SCOTT, a/k/a ``Graham Craighness''; Bert
QUINN; Johan LOMBARD; Jaco BUDRICKS; Gerrit PRETORIUS, a/k/a ``Bull'';
and, any divisions, subsidiaries, associated companies, affiliated
persons, or successor entities. This action 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).
EFFECTIVE DATE: June 8, 1994.
FOR FURTHER INFORMATION CONTACT:
Mary F. Sweeney, Compliance Enforcement Branch, Office of Defense Trade
Controls, Bureau of Political-Military Affairs, Department of State
(703: 875-6650).
SUPPLEMENTARY INFORMATION: On October 31, 1991, a federal grand jury in
the Eastern District of Pennsylvania returned an indictment charging
the above cited persons, except DENEL, with conspiracy to violate and
violating the Arms Export Control Act (AECA). The Department of State,
therefore, has reasonable cause to believe that, during the period from
1978 through 1989, ARMSCOR and the other cited entities have engaged in
an ongoing conspiracy to export, and exported, defense articles and
defense services to the Republic of South Africa and to Iraq without
the requisite license(s) or approval(s) of the Department of State.
During the period from 1978 through 1989, what is now DENEL was an
integral part of ARMSCOR. DENEL reportedly came into being in 1992, in
the separation and restructuring of ARMSCOR. It is a wholly owned
company of the South African Government, operating as a commercial
organization. Inasmuch as it is a successor to ARMSCOR, DENEL is also
liable for AECA and/or ITAR related violations.
This action has been taken pursuant to sections 38 and 42 of the
Arms Export Control Act (AECA) (22 U.S.C. 2778 & 2791) and sections
126.7(a) (1) and 126.7(a)(2) of the ITAR (22 CFR 126.7(a) (1) & (2)).
It will remain in force until rescinded.
Exceptions may be made to this 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 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.
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 policy 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.
Dated: June 16, 1994.
Thomas E. McNamara,
Principal Deputy, Assistant Secretary, Bureau of Political-Military
Affairs Department of State.
[FR Doc. 94-15920 Filed 6-29-94; 8:45 am]
BILLING CODE 4710-25-M
