Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices 18309 

proposed substitutions will be such as 

to offer the same degree of protection to 

each Replacement Fund from 

overreaching that Rule 17a–7 provides 

to them generally in connection with 

their purchase and sale of securities 

under that Rule in the ordinary course 

of their business. In particular, the 

Insurance Companies (or any of their 

affiliates) cannot effect the proposed 

transactions at a price that is 

disadvantageous to any of the 

Replacement Funds. Although the 

transactions may not be entirely for 

cash, each will be effected based upon 

(1) the independent market price of the 

portfolio securities valued as specified 

in paragraph (b) of Rule 17a–7, and (2) 

the net asset value per share of each 

fund involved valued in accordance 

with the procedures disclosed in its 

respective Investment Company’s 

registration statement and as required 

by Rule 22c–1 under the Act. No 

brokerage commission, fee, or other 

remuneration will be paid to any party 

in connection with the proposed in kind 

purchase transactions. 

33. The sale of shares of Replacement 

Funds for investment securities, as 

contemplated by the proposed 

Insurance Company in-kind purchases, 

is consistent with the investment policy 

and restrictions of the Investment 

Companies and the Replacement Funds 

because (1) the shares are sold at their 

net asset value, and (2) the portfolio 

securities are of the type and quality 

that the Replacement Funds would each 

have acquired with the proceeds from 

share sales had the shares been sold for 

cash. To assure that the second of these 

conditions is met, Met Investors 

Advisory LLC, MetLife Advisers, LLC 

and the sub-adviser, as applicable, will 

examine the portfolio securities being 

offered to each Replacement Fund and 

accept only those securities as 

consideration for shares that it would 

have acquired for each such fund in a 

cash transaction. 

34. The Section 17 Applicants submit 

that the proposed Insurance Company 

in-kind purchases are consistent with 

the general purposes of the Act as stated 

in the Findings and Declaration of 

Policy in Section 1 of the Act and that 

the proposed transactions do not 

present any of the conditions or abuses 

that the Act was designed to prevent. 

35. The Section 17 Applicants 

represent that the proposed in-kind 

purchases meet all of the requirements 

of Section 17(b) of the Act request that 

the Commission issue an order pursuant 

to Section 17(b) of the Act exempting 

the Separate Accounts, the Insurance 

Companies, MIST, Met Series Fund and 

each Replacement Fund from the 

provisions of Section 17(a) of the Act to 

the extent necessary to permit the 

Insurance Companies on behalf of the 

Separate Accounts to carry out, as part 

of the substitutions, the in-kind 

purchase of shares of the Replacement 

Funds which may be deemed to be 

prohibited by Section 17(a) of the Act. 

Conclusion 

Applicants assert that for the reasons 

summarized above the proposed 

substitutions and related transactions 

meet the standards of Section 26(c) of 

the Act and are consistent with the 

standards of Section 17(b) of the Act 

and that the requested orders should be 

granted. 

For the Commission, by the Division of 

Investment Management pursuant to 

delegated authority. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–6852 Filed 4–10–07; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 5750] 

30-Day Notice of Proposed Information 

Collection: Form DS–4048, Projected 

Sales of Major Weapons in Support of 

Section 25(a)(1) of the Arms Export 

Control Act; OMB Control Number 

1405–0156 

ACTION: Notice of request for public 

comment and submission to OMB of 

proposed collection of information. 

SUMMARY: The Department of State has 

submitted the following information 

collection request to the Office of 

Management and Budget (OMB) for 

approval in accordance with the 

Paperwork Reduction Act of 1995. 

• Title of Information Collection: 

Projected Sales of Major Weapons in 

Support of Section 25(a)(1) of the Arms 

Export Control Act. 

• OMB Control Number: 1405–0156. 

• Type of Request: Extension of a 

Currently Approved Collection. 

• Originating Office: Bureau of 

Political-Military Affairs, Directorate of 

Defense Trade Controls, (PM/DDTC). 

• Form Number: DS–4048. 

• Respondents: Business 

organizations. 

• Estimated Number of Respondents: 

20 (total). 

• Estimated Number of Responses: 20 

(per year). 

• Average Hours Per Response: 60 

hours. 

• Total Estimated Burden: 1200 hours 

(per year). 

• Frequency: Once a year. 

• Obligation to Respond: Voluntary. 

DATES: Submit comments to the Office 

of Management and Budget (OMB) for 

up to 30 days from April 11, 2007. 

ADDRESSES: Direct comments and 

questions to Katherine Astrich, the 

Department of State Desk Officer in the 

Office of Information and Regulatory 

Affairs at the Office of Management and 

Budget (OMB), who may be reached at 

202–395–4718. You may submit 

comments by any of the following 

methods: 

• E-mail: kastricht@omb.eop.gov. You 

must include the DS form number, 

information collection title, and OMB 

control number in the subject line of 

your message. 

• Mail (paper, disk, or CD–ROM 

submissions): Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street, NW., Washington, DC 20503. 

• Fax: 202–395–6974 

FOR FURTHER INFORMATION CONTACT: You 

may obtain copies of the proposed 

information collection and supporting 

documents from Patricia C. Slygh, PM/ 

DDTC, SA–1, 12th Floor, Directorate of 

Defense Trade Controls, Bureau of 

Political-Military Affairs, U.S. 

Department of State, Washington, DC 

20522–0112, who may be reached on 

(202) 663–2700 and E-mail: 

Slyghpc@state.gov. 

SUPPLEMENTARY INFORMATION: We are 

soliciting public comments to permit 

the Department to: 

• Evaluate whether the proposed 

information collection is necessary to 

properly perform our functions. 

• Evaluate the accuracy of our 

estimate of the burden of the proposed 

collection, including the validity of the 

methodology and assumptions used. 

• Enhance the quality, utility, and 

clarity of the information to be 

collected. 

• Minimize the reporting burden on 

those who are to respond, including the 

use of automated collection techniques 

or other forms of technology. 

Abstract of proposed collection: The 

information will be used to prepare an 

annual report to Congress regarding 

arms sales proposals covering all 

Foreign Military Sales (FMS) and 

licensed commercial exports of major 

weapons or weapons-related defense 

equipment for $7,000,000 or more, or of 

any other weapons or weapons-related 

defense equipment for $25,000,000 or 

more, which are considered eligible for 

approval during the current calendar 

year in accordance with section 25 of 

the Arms Export Control Act (AECA) [22 

U.S.C. 2765]. 


cprice-sewell on PRODPC61 with NOTICES
18310 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices 

Methodology: Respondents may 

submit the information by e-mail using 

DS–4048, an Excel electronic 

spreadsheet, or by letter using the fax or 

postal mail. 

Dated: March 23, 2007. 

Gregory M. Suchan, 

Deputy Assistant Secretary for Defense Trade 

Controls, Bureau of Political-Military Affairs, 

Department of State. 

[FR Doc. E7–6874 Filed 4–10–07; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

[Public Notice 5751] 

Bureau of Political-Military Affairs; 

Statutory Debarment of ITT 

Corporation Pursuant to the Arms 

Export Control Act and the 

International Traffic in Arms 

Regulations 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

persons convicted of violating Section 

38 of the Arms Export Control Act, as 

amended, (‘‘AECA’’) (22 U.S.C. 2778) 

are statutorily debarred pursuant to 

Section 38(g)(4) of the AECA and 

Section 127.7(c) of the International 

Traffic in Arms Regulations (‘‘ITAR’’) 

(22 CFR 127.7(c)). On March 28, 2007, 

in the United States District Court for 

the Western District of Virginia, ITT 

Corporation entered a guilty plea to the 

willful export of defense articles 

without a license, in violation of Section 

38 of the AECA and Sections 127.1(a) 

and 127.3 of the ITAR. 

EFFECTIVE DATE: March 28, 2007. 

FOR FURTHER INFORMATION CONTACT: 

David Trimble, Director, Office of 

Defense Trade Controls Compliance, 

Bureau of Political-Military Affairs, 

Department of State (202) 663–2700. 

SUPPLEMENTARY INFORMATION: Section 

38(g)(4) of the AECA, 22 U.S.C. 

2778(g)(4), prohibits the Department of 

State from issuing licenses for the 

export of items on the U.S. Munitions 

List, where the applicant or any party to 

the export, has been convicted of 

violating certain statutory provisions, 

including Section 38 of the AECA. In 

implementing this provision, Section 

127.7 of the ITAR, 22 CFR 127.7, 

provides for ‘‘statutory debarment’’ of 

any person who has been convicted of 

violating or conspiring to violate the 

AECA. Persons subject to debarment are 

prohibited from participating directly or 

indirectly in the export of defense 

articles, including technical data, or in 

the furnishing of defense services for 

which a license or other approval is 

required. 

On March 28, 2007, in the United 

States District Court for the Western 

District of Virginia, ITT Corporation 

entered a guilty plea to the willful 

export of defense articles without a 

license, in violation of Section 38 of the 

AECA and Sections 127.1(a) and 127.3 

of the ITAR. Pursuant to Section 38(g)(4) 

of the AECA and Section 127.7(c) of the 

ITAR, ITT Corporation is statutorily 

debarred. The Acting Assistant 

Secretary of State for Political-Military 

Affairs after a full review of the 

circumstances, finding that appropriate 

steps have been taken to mitigate any 

law enforcement concerns, has decided 

to except out of the statutory debarment 

all present ITT Corporation business 

units but the culpable ITT entity 

responsible for the violations resulting 

in the aforementioned plea, ITT-Night 

Vision Division. 

The Acting Assistant Secretary for 

Political-Military Affairs has 

determined, based on the underlying 

nature of the violations, the debarment 

period shall be for three years, however, 

the Department will consider 

reinstatement requests from debarred 

persons one year after the date of 

debarment. At the end of the debarment 

period, export privileges may be 

reinstated only at the request of ITT 

Corporation, followed by 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 Section 38(g)(4) of the 

AECA. Unless export privileges are 

reinstated, however, ITT Corporation 

will remain debarred. 

Exceptions, also known as transaction 

exceptions, may be granted with respect 

to this debarment on a case-by-case 

basis at the discretion of the Assistant 

Secretary of State for Political-Military 

Affairs 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. 

Such exceptions have been granted with 

respect to certain existing authorization 

and pending authorizations for key 

programs involving ITT-Night Vision 

Division that have been identified as 

being necessary to U.S. national security 

and foreign policy interests. Approvals 

of future requests for authorizations may 

be granted after a full review of all 

circumstances to include law 

enforcement concerns and whether an 

exception is warranted by overriding 

U.S. foreign policy or national security 

interests, or whether an exception 

would further law enforcement 

concerns that are consistent with foreign 

policy or national security interest of 

the United States, and whether other 

compelling concerns exist that are 

consistent with the foreign policy or 

national security interests of the United 

States. 

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)). 

Pursuant to Section 127.1(c) 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 export in 

which such ineligible person may 

benefit or have any direct or indirect 

interest. 

This notice is provided to make the 

public aware that the parties listed 

above, unless an exception applies, are 

prohibited from participating directly or 

indirectly in activities regulated by the 

ITAR, including 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. Specific case 

information may be obtained from the 

Office of the clerk for the U.S. District 

Court mentioned above. 

Dated: March 26, 2007. 

Stephen D. Mull, 

Acting Assistant Secretary for PoliticalMilitary Affairs. 

[FR Doc. E7–6869 Filed 4–10–07; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

[Public Notice 5683] 

Notice of Charter Renewal for the 

Advisory Committee on Historical 

Diplomatic Documentation 

The Advisory Committee on 

Historical Diplomatic Documentation 

has renewed its charter for an additional 

period of two years. This Advisory 

Committee will continue to make 

recommendations to the Historian and 

the Department of State on all aspects of 

the Department’s program to publish the 

Foreign Relations of the United States 

series as well as on the Department’s 

responsibility under statute (22 U.S.C. 

4351, et seq.) to open its 30-year old and 

older records for public review at the 

National Archives and Records 

Administration. The Committee consists 

of nine members drawn from among 


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