[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21266]
[[Page Unknown]]
[Federal Register: August 29, 1994]
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DEPARTMENT OF STATE
Office of Defense Trade Controls
[Public Notice 2055]
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 (ITAR) (22 CFR Parts 120-130).
EFFECTIVE DATE: Autust 29, 1994.
FOR FURTHER INFORMATION CONTACT:
Mary F. Sweeney, Acting Chief, Compliance Enforcement Branch, Office of
Defense Trade Controls, Department of State (703-875-6650).
SUPPLEMENTARY INFORMATION: Section 38(g)(4)(A) of the Arms Export
Control Act (AECA), 22 U.S.C. 2778, prohibits licenses or other
approvals for the export of defense articles and defense services to be
issued to a person, or any party to the export, who has been convicted
of violating certain U.S. criminal statues, 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, section 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 for which a license or
approval is required. 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 reinstatement of export privileges one year after the date of the
debarment, in accordance with the AECA, 22 U.S.C. 2778(g)(4)(A), and
the ITAR, section 127.7. A reinstatement request is made to the
Director of the Office of Defense Trade Controls. Any decision to
reinstate export privileges can be made only after the statutory
requirements under section 38(g)(4) of the AECA have been satisfied
through a process administered by the Office of Defense Trade Controls.
If reinstatement 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 thirteen 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 127.7(c),
the names of these persons, their offense, date(s) of conviction and
court(s) of conviction 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 Administration Procedure Act. Because the
exercise 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. Zeljko Vusir c/o 645 Madison Ave., New York, NY 10022, 22 U.S.C.
2778 (violating the AECA), May 6, 1992, United States v. Ivan
Kapetanovic, et al., U.S. District Court, District of Arizona,
Criminal Docket No. CR-91-225-PHX-RGS
2. Mark Belinic, 7138 E. Buena Terra, Scottsdale, AZ 85257, 22
U.S.C. 2778 (violating the AECA), July 29, 1992, United States v.
Ivan Kapetanovic, et al., U.S. District Court, District of Arizona,
Criminal Docket No. CR-91-225-PHX-RGS
3. Bet-Air, Inc., 9000 N.W. 15th Street, Miami, FL 33172 18 U.S.C.
371 (conspiracy to violate 22 U.S.C. 2778), and 22 U.S.C. 2778
(violating the AECA), April 23, 1993 United States v. Bet-Air, Inc.,
U.S. District Court, Central District of California, Criminal Docket
No. CR-90-578-CR-MORENO(01)
4 Terrence Hall, 19400 West St. Andrews Drive, Hialeah, FL 33015, 18
U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778), and 22 U.S.C.
2778 (violating the AECA), April 23, 1993 United States v. Bet-Air,
Inc., U.S. District Court, Central District of California, Criminal
Docket No. CR-90-578-CR-MORENO(01)
5. J. Randall Shute, 1475 Northwold Drive, Dunwoody, GA 30350,
(conspiracy to violate 22 U.S.C. 2778), April 28, 1993, United
States v. J. Randall Shute, et al., U.S. District Court, Northern
District of Georgia, Criminal Docket No. Cl-92-434-01-GET
6. Louis J. Kocurek, III, 121 Deerwood, San Antonio, TX 78209, 18
U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778), April 28, 1993,
United States v. J. Randall Shute, et al., U.S. District Court,
Northern District of Georgia, Criminal Docket No. Cl-92-434-03-GET
7. Lance B. Ordway, 1153 Norfolk Drive, N.W., Ackworth, GA 30102, 18
U.S.C. 371 (conspiracy to violate 22 U.S.C. 2778), May 11, 1993,
United States v. J. Randall Shute, et al., U.S. District Court,
Northern District of Georgia, Criminal Docket No. Cl-92-434-02-GET
8. Bin Wu, Western Tidewater Regional Jail, 2402 Godwin Boulevard,
Suffolk, VA 23434, 18 U.S.C. 371 (conspiring to violate 22 U.S.C.
2778), and 22 U.S.C. 2778 (violating the AECA), September 17, 1993,
United States v. Bin Wu, et al., U.S. District Court, Eastern
District of Virginia, Criminal Docket No. 92-188-N
9. Jin Ping Li, Western Tidewater Regional Jail, 2402 Godwin
Boulevard, Suffolk, VA 23434, 18 U.S.C. 371 (conspiring to violate
22 U.S.C. 2778), and 22 U.S.C. 2778 (violating the AECA), September
17, 1993, United States v. Bin Wu, et al., U.S. District Court,
Eastern District of Virginia, Criminal Docket No. 92-188-N
10. Pinzhe Zhang, a/k/a ``Peter Zhang'', Western Tidewater Regional
Jail, 2402 Godwin Boulevard, Suffolk, VA 23434, 18 U.S.C. 371
(conspiring to violate 22 U.S.C. 2778), and 22 U.S.C. 2778
(violating the AECA), September 17, 1993, United States v. Bin Wu,
et al., U.S. District Court, Eastern District of Virginia, Criminal
Docket No. 92-188-N
11. Alexander Nikolic, 2247 N. Meade, Chicago, IL 60639, 18 U.S.C.
371 (conspiracy to violate 22 U.S.C. 2778), and 22 U.S.C. 2778
(violating the AECA), November 22, 1993, United States v. Bajro
Hukic, et al., U.S. District Court, Eastern District of Illinois,
Criminal Docket No. 91 CR 834-4
12. Kem and Associates, Incorporated, Highway 84, East, P.O. Box
155, McGregor, TX 76657-0155, 22 U.S.C. 2778 (violating the AECA),
December 14, 1993, United States v. Kem and Associates,
Incorporated, U.S. District Court, Western District of Texas,
Criminal Docket No. W-93-CR-075(2)
13. Bajro Hukic, a/k/a ``Bob Hukic'' and ``Bab Hucici'', 2005 S.
Ashland, Park Ridge, IL 60068, 18 U.S.C. 371 (conspiracy to violate
22 U.S.C. 2778), January 19, 1994, United States v. Bajro Hukic, et
al., U.S. District Court, Northern District of Illinois, Criminal
Docket No. -91CR-834-1
Dated: August 16, 1994.
William B. Robinson,
Director, Office of Defense Trade Controls, Bureau of Political-
Military Affairs, Department of State.
[FR Doc. 94-21266 Filed 8-26-94; 8:45 am]
BILLING CODE 4710-25-M
