[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Notices]
[Page 18310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6869]


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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.

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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 Political-Military Affairs.
 [FR Doc. E7-6869 Filed 4-10-07; 8:45 am]
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