[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Page 53267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17746]


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DEPARTMENT OF STATE

[Public Notice 5182]


Termination of Statutory Debarment and Reinstatement of 
Eligibility To Apply for Export/Retransfer Authorizations Pursuant to 
Section 38(g)(4) of the Arms Export Control Act for Orbit/FR, Inc.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Department of State has 
terminated the statutory debarment against Orbit/FR, Inc. pursuant to 
Section 38(g)(4) of the Arms Export Control Act (AECA) (22 U.S.C. 2778) 
and Sec.  127.11 of the International Traffic in Arms Regulations 
(ITAR) (22 CFR Parts 120-130).

EFFECTIVE DATE: August 29, 2005.

FOR FURTHER INFORMATION CONTACT: David C. Trimble, Director, Office of 
Defense Trade Controls Compliance, Directorate of Defense Trade 
Controls, Bureau of Political-Military Affairs, Department of State 
(202) 663-2807.

SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA and Section 
127.11 of the ITAR prohibit the issuance of export licenses or other 
approvals to a person, or any party to the export, who has been 
convicted of violating the AECA and certain other U.S. criminal 
statutes enumerated at section 38(g)(1)(A) of the AECA and Sec.  120.27 
of the ITAR. A person convicted of violating the AECA is also subject 
to statutory debarment under Sec.  127.7 of the ITAR.
    In March 2000, following entry of a guilty plea in November 1999, 
Orbit/FR was convicted of two counts of violating the AECA and the ITAR 
(U.S. District Court, Eastern District of Pennsylvania, Criminal Docket 
No. CR 99-560). Based on this conviction, Orbit/FR was statutorily 
debarred pursuant to Section 38(g)(4) of the AECA and Sec.  127.7 of 
the ITAR and, thus, prohibited from participating directly or 
indirectly in exports of defense articles and defense services. Notice 
of debarment was published in the Federal Register (65 FR 13072, March 
10, 2000).
    Section 38(g)(4) of the AECA and Sec.  127.11 of the ITAR permit 
termination of debarment after consultation with the other appropriate 
U.S. agencies and 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. Orbit/FR has taken 
steps to address law enforcement concerns, including entering a Consent 
Agreement with the Department of State whereby Orbit/FR will pay civil 
penalties in cash and remedial compliance measures. The Department of 
State has determined that Orbit/FR has taken appropriate steps to 
address the causes of the violations and to mitigate any law 
enforcement concerns. Therefore, in accordance with Section 38(g)(4) of 
the AECA and Sec.  127.11 of the ITAR, the debarment against Orbit/FR 
is rescinded, effective August 29, 2005. The effect of this termination 
is that Orbit/FR and its affiliates may participate without prejudice 
in the export of defense articles and defense services subject to 
certain provisions of the AECA, the ITAR and the Consent Agreement.

    Dated: August 29, 2005.
Rose M. Likins,
Acting Assistant Secretary of State for Political-Military Affairs, 
Department of State.
[FR Doc. 05-17746 Filed 9-6-05; 8:45 am]
BILLING CODE 4710-25-P