Bureau of Political-Military Affairs; Statutory Debarment Under the Arms Export Control Act and the International Traffic in Arms Regulations
| Published date | 06 June 2019 |
| Record Number | 2019-11901 |
| Section | Notices |
| Court | State Department |
Federal Register, Volume 84 Issue 109 (Thursday, June 6, 2019)
[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26500-26501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11901]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice: 10786]
Bureau of Political-Military Affairs; Statutory Debarment Under
the Arms Export Control Act and the International Traffic in Arms
Regulations
AGENCY: Department of State.
SUMMARY: Notice is hereby given that the Department of State has
imposed statutory debarment under the International Traffic in Arms
Regulations (``ITAR'') on persons convicted of violating, or conspiracy
to violate, section 38 of the Arms Export Control Act (AECA).
DATES: Debarment imposed as of June 6, 2019.
FOR FURTHER INFORMATION CONTACT: Jae E. Shin, Director, Office of
Defense Trade Controls Compliance, Bureau of Political-Military
Affairs, Department of State. (202) 632-2107.
SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA, 22 U.S.C.
2778(g)(4), restricts the Department of State from issuing licenses for
the export of defense articles or defense services where the applicant,
or any party to the export, has been convicted of violating certain
statutes, including section 38 of the AECA. The Department refers to
this restriction as a limitation on ``export privileges,'' and
implements it through section 127.11 of the ITAR. The statute and
regulations permit the President to make certain exceptions to the
restriction on export privileges on a case-by-case basis. Section
127.7(b) of the ITAR also provides for ``statutory debarment'' of any
person who has been convicted of violating or conspiring to violate the
AECA. Under this policy, persons subject to statutory debarment are
prohibited from participating directly or indirectly in any activities
that are regulated by the ITAR.
Statutory debarment is based solely upon conviction in a criminal
proceeding, conducted by a United States court, and as such the
administrative debarment procedures outlined in part 128 of the ITAR
are not applicable.
It is the policy of the Department of State that statutory
debarment as described in section 127.7 of the ITAR lasts for a three
year period following the date of conviction. Reinstatement from the
policy of statutory debarment is not automatic, and in all cases the
debarred person must submit a request to the Department of State and be
approved for reinstatement from statutory debarment before engaging in
any activities subject to the ITAR.
Department of State policy permits debarred persons to apply to the
Director, Office of Defense Trade Controls Compliance, for
reinstatement from statutory debarment beginning one year after the
date of the debarment. In response to a request for reinstatement from
statutory debarment, the Department may determine to rescind the
statutory debarment pursuant to section 127.7(b), or rescind the
statutory debarment policy pursuant to section 127.7(b) and reinstate
export privileges as described in section 127.11 of the ITAR. See 84 FR
7,411 for discussion on the Department's policy regarding reinstatement
of export privileges and rescission of statutory debarment. The
reinstatement of export privileges can be made only after the statutory
requirements of section 38(g)(4) of the AECA have been satisfied.
Certain exceptions, known as transaction exceptions, may be made to
this debarment determination on a case-by-case basis. 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 that are consistent with the foreign policy or
national security interests of the United States; or whether other
compelling circumstances exist that are consistent with the foreign
policy or national security interests of the United States, and that do
not conflict with law enforcement concerns. Even if exceptions are
granted, the debarment continues until subsequent reinstatement from
statutory debarment.
Pursuant to section 38(g)(4) of the AECA and section 127.7(c) of
the ITAR, the following persons, having been convicted in a U.S.
District Court, are denied export privileges and are statutorily
debarred as of the date of this notice (Name; Date of Judgment;
Judicial District; Case No.; Month/Year of Birth):
(1) Acosta-Moctezuma, Rogelio; May 22, 2018; Southern District of
Texas; 7:16-cr-00712; December, 1978.
(2) Arredondo, Arnoldo Antonio; December 19, 2017; Southern
District of Texas; 7:16-cr-00712; November, 1968.
(3) Barbieri, Frederik; July 20, 2018; Southern District of
Florida; 1:18-cr-20060; July, 1971.
(4) Campos-Flores, Jose Jesus; October 16, 2017; District of
Arizona; 4:17-cr-00159; December, 1995.
(5) De La Rosa, Juan Jesus; September 12, 2018; Southern District
of Texas; 7:15-cr-00289; October, 1990.
(6) Inzunza, Shirley Trinity; January 22, 2018; District of
Arizona; 4:16-cr-01503; January, 1994.
(7) Lerma, Luis Manuel; January 25, 2018; Southern District of
Texas; 7:16-cr-00712; September, 1993.
(8) Luque, Barbara Jo; January 10, 2019; District of Arizona; 4:17-
cr-01221; May, 1957.
[[Page 26501]]
(9) Morgovsky, Irina; November 5, 2018; Northern District of
California; 3:16-cr-00411; August, 1951.
(10) Morgovsky, Naum; December 13, 2018; Northern District of
California; 3:16-cr-00411; September, 1949.
(11) Nedoviz, Volodymyr; January 11, 2018; Eastern District of New
York; 1:17-cr-00338; August, 1984.
(12) Padilla-Cruz, Ledis Omar (a.k.a. Omar Padilla); March 6, 2018;
Western District of North Carolina; 3:17-cr-00233; January, 1979.
(13) Roberts, John Parker; December 14, 2017; Middle District of
Tennessee; 3:16-cr-00199; January, 1990.
(14) Rezvanov, Eldar: July 24, 2018; Eastern District of Virginia;
1:18-cr-00206; May, 1990.
(15) Sydykov, Tengiz T.; January 11, 2019; Eastern District of
Virginia; 1:18-cr-00212; June, 1989.
(16) Vazquez, Eduard Roel; April 16, 2018; Southern District of
Texas; 7:17-cr-01768; June, 1992.
(17) Verma, Bharat; August 24, 2018; Northern District of Illinois;
1:15-cr-00018; July, 1940.
(18) Verma, Urvashi; August 24, 2018; Northern District of
Illinois; 1:15-cr-00018; November, 1974.
(19) Vibgyor Optical Systems, Inc.; August 24, 2018; Northern
District of Illinois; 1:15-cr-00018.
(20) Vlachos, Alexis; September 4, 2018; 2:15-cr-00006; District of
Vermont; March, 1977.
(21) Wilson, Cory (a.k.a Jason Cory Wilson); January 11, 2018;
Middle District of Tennessee; 3:16-cr-00199; July, 1974.
(22) Yassine, Fadi; August 3, 2017; Northern District of Iowa;
1:17-cr-00011; October, 1974.
(23) Zannoni, Giovanni; February 22, 2018; Eastern District of New
York; 1:17-cr-00565; May, 1982.
At the end of the three-year period following the date of this
notice, the above named persons/entities remain debarred unless a
request for reinstatement from statutory debarment is approved by the
Department of State.
Debarred persons are generally ineligible to participate in
activity regulated under the ITAR (see e.g., sections 120.1(c) and (d),
and 127.11(a)). Also, under section 127.1(d) of the ITAR, any person
who has knowledge that another person is subject to debarment or is
otherwise ineligible may not, without disclosure to and written
approval from the Directorate of Defense Trade Controls, participate,
directly or indirectly, in any ITAR-controlled transaction where such
ineligible person may obtain benefit therefrom or have a direct or
indirect interest therein.
This notice is provided for purposes of making the public aware
that the persons listed above are prohibited from participating
directly or indirectly in activities regulated by the ITAR, including
any brokering activities and any export from or temporary import into
the United States of defense articles, technical data, or defense
services in all situations covered by the ITAR. Specific case
information may be obtained from the Office of the Clerk for the U.S.
District Courts mentioned above and by citing the court case number
where provided.
Stanley L. Brown,
Senior Bureau Official, Bureau of Political Military Affairs, U.S.
Department of State.
[FR Doc. 2019-11901 Filed 6-5-19; 8:45 am]
BILLING CODE 4710-25-P
