Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 69621 

articles, including technical data or in 

the furnishing of defense services for 

which a license or other approval is 

required. This prohibition is referred to 

as ‘‘statutory debarment.’’

Statutory debarment is based solely 

upon conviction in a criminal 

proceeding, conducted by a United 

States Court, and as such the 

administrative debarment proceedings 

outlined in Part 128 of the ITAR are not 

applicable. 

The period for debarment will be 

determined by the Assistant Secretary 

for Political-Military Affairs based on 

the underlying nature of the violations, 

but will generally be for three years 

from the date of conviction. At the end 

of the debarment period, licensing 

privileges may be reinstated only 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 Section 38(g)(4) of the 

AECA. It should be noted, however, that 

unless licensing privileges are 

reinstated, the person remains debarred. 

Department of State policy permits 

debarred persons to apply to the 

Director of Defense Trade Controls 

Compliance for reinstatement beginning 

one year after the date of the debarment, 

in accordance with Section 38(g)(4) of 

the AECA and Section 127.11(b) of the 

ITAR. Any decision to grant 

reinstatement can be made only after the 

statutory requirements under Section 

38(g)(4) of the AECA have been 

satisfied. 

Exceptions, also known as transaction 

exceptions, may be made to this 

debarment determination on a case-bybase basis at the discretion of the 

Assistant Secretary of State for PoliticalMilitary Affairs. 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. 

Pursuant to Section 38 of the AECA 

and Section 127.7 of the ITAR, the 

Assistant Secretary of State for PoliticalMilitary Affairs has statutorily debarred 

the following persons for a period of 

three years following the date of their 

AECA conviction: 

(1) Guillermo Cardoso-Arias, April 1, 

2005, U.S. District Court, Southern 

District of Florida (Ft. Lauderdale), Case 

#: 0:04CR60262–COHN 

(2) Davilyn, Inc., June 27, 2005, U.S. 

District Court, Central District of 

California (Los Angeles), Case #: CR 05–

00432–RMT 

(3) Carlos Gamarra-Murillo, August 9, 

2005, U.S. District Court, Middle 

District of Florida (Tampa), Case #: 

8:04–CR–349–T–27EAJ 

(4) Xiuwen Liang also known as 

(a.k.a.) Jennifer Liang and Jennifer 

Zhuang, April 14, 2005, U.S. District 

Court, Central District of California (Los 

Angeles), Case #: CR03–138–SVW 

(5) Jinghua Zhuang a.k.a. Jackey 

Zhuang, January 6, 2004, U.S. District 

Court, Central District of California (Los 

Angeles), Case #: CR03–138–SVW. 

As noted above, at the end of the threeyear period, the above named persons/ 

entities remain debarred unless 

licensing privileges are reinstated. 

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)). 

The Department of State will not 

consider applications for licenses or 

requests for approvals that involve any 

person 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 Arms Control and 

International Security 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, in accordance with 22 CFR 

127.7(d) and 128.13(a). 

This notice is provided for purposes 

of making the public aware that the 

persons listed above are prohibited from 

participating directly or indirectly in 

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 Courts mentioned 

above and by citing the court case 

number where provided. 

This notice involves a foreign affairs 

function of the United States 

encompassed within the meaning of the 

military and foreign affairs exclusion of 

the Administrative Procedure Act. 

Because the exercise of this foreign 

affairs function is discretionary, it is 

excluded from review under the 

Administrative Procedure Act. 

Dated: November 7, 2005. 

John Hillen, 

Assistant Secretary for Political-Military 

Affairs, Department of State. 

[FR Doc. 05–22721 Filed 11–15–05; 8:45 am] 

BILLING CODE 4710–25–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Request for Comments Concerning 

Compliance With Telecommunications 

Trade Agreements 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice of request for public 

comment and reply comment. 

SUMMARY: Pursuant to section 1377 of 

the Omnibus Trade and 

Competitiveness Act of 1988 (19 U.S.C. 

3106) (‘‘section 1377’’), the Office of the 

United States Trade Representative 

(‘‘USTR’’) is reviewing and requests 

comments on: The operation, 

effectiveness, and implementation of 

and compliance with WTO agreements 

affecting market opportunities for 

telecommunications products and 

services of the United States; the 

telecommunications provisions of the 

North American Free Trade Agreement 

(‘‘NAFTA’’), the Chile, Singapore, and 

Australia Free Trade Agreements 

(‘‘FTA’’) and any other FTA coming into 

force on or before January 1, 2006; and 

other telecommunications trade 

agreements. The USTR will conclude 

the review by March 31, 2006. 

DATES: Comments are due by noon on 

December 9, 2005 and Reply Comments 

by noon on January 6, 2006. 

ADDRESSES: Gloria Blue, Executive 

Secretary, Trade Policy Staff Committee, 

ATTN: Section 1377 Comments, Office 

of the United States Trade 

Representative, 1724 F Street, NW., 

Washington, DC 20508. 

FOR FURTHER INFORMATION CONTACT: 

Arrow Augerot, Office of Industry, 

Market Access, and 

Telecommunications (202) 395–6099; or 

Amy Karpel, Office of the General 

Counsel (202) 395–5804. 

SUPPLEMENTARY INFORMATION: Section 

1377 requires the USTR to review 

annually the operations and 

effectiveness of all U.S. trade 

agreements regarding 

69622 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 

telecommunications products and 

services of the United States that are in 

force with respect to the United States. 

The purpose of the review is to 

determine whether any act, policy, or 

practice of a country that has entered 

into a telecommunications trade 

agreement with the United States is 

inconsistent with the terms of such 

agreement or otherwise denies to U.S. 

firms, within the context of the terms of 

such agreements, mutually 

advantageous market opportunities. For 

the current review, the USTR seeks 

comments on: 

(1) Whether any WTO member is 

acting in a manner that is inconsistent 

with its commitments under WTO 

agreements affecting market 

opportunities for telecommunications 

products and services, e.g., the WTO 

General Agreement on Trade in Services 

(‘‘GATS’’), including the Annex on 

Telecommunications and any scheduled 

commitments including the Reference 

Paper on Pro-Competitive Regulatory 

Principles; 

(2) Whether Canada or Mexico has 

failed to comply with its 

telecommunications commitments or 

obligations under NAFTA; 

(3) Whether Chile, Singapore, or 

Australia, or any other FTA partner with 

an Agreement that comes into force on 

or before January 1, 2006 has failed to 

comply with its telecommunications 

commitments or obligations under the 

respective FTA between the United 

States and that country (see http:// 

www.ustr.gov/Trade_Agreements/ 

Section_Index.html for U.S. FTAs); 

(4) Whether other countries have 

failed to comply with their 

commitments under additional 

telecommunications agreements with 

the United States, e.g., Mutual 

Recognition Agreements (MRAs) for 

Conformity Assessment of 

Telecommunications Equipment (see 

http://www.tcc.mac.doc.gov for a 

collection of trade agreements, 

including ones related to 

telecommunications); and 

(5) Whether there remain outstanding 

issues from previous section 1377 

reviews on those countries or issues 

previously cited (see http:// 

www.ustr.gov/Trade_Sectors/TelecomE-commerce/Section_1377/ 

Section_Index.html for the 2005 

review); 

Public Comment and Reply Comment: 

Requirements for Submission 

All comments must be in English, 

identify on the first page of the 

comments the telecommunications trade 

agreement(s) discussed therein, and be 

submitted by noon on December 16, 

2005. Reply comments must also be in 

English and be submitted by noon on 

January 13, 2006. Reply comments 

should only address issues raised by the 

comments. 

In order to ensure the most timely and 

expeditious receipt and consideration of 

comments and reply comments, USTR 

has arranged to accept submissions in 

electronic format (e-mail). Comments 

should be submitted electronically to 

FR0502@ustr.eop.gov. An automatic 

reply confirming receipt of e-mail 

submission will be sent. E-mail 

submissions in Microsoft Word or Corel 

WordPerfect are preferred. If a word 

processing application other than those 

two is used, please include in your 

submission the specific application 

used. For any document submitted 

electronically containing business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC’’. 

Any page containing business 

confidential information must be clearly 

marked ‘‘BUSINESS CONFIDENTIAL’’

on the top of that page. Filers must also 

submit a public version of their 

comments. The file name of the public 

version should begin with the character 

‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be 

followed by the name of the person or 

entity submitting the comments or reply 

comments. Interested persons who make 

submissions electronically should not 

provide separate cover letters; rather, 

information that might appear in a cover 

letter should be included in the 

submission itself. Similarly, to the 

extent possible, any attachments to the 

submission should be included in the 

same file as the submission itself and 

not as separate files. All nonconfidential comments and reply 

comments will be placed on the USTR 

Web site, http://www.USTR.gov, and in 

the USTR Reading Room for inspection 

shortly after the filing deadline, except 

business confidential information 

exempt from public inspection in 

accordance with 15 CFR 2003.6. 

We strongly urge use of the electronic 

filing procedures, if at all possible. If an 

e-mail submission is impossible, 15 

copies of both the business confidential 

and the public versions must be 

delivered via private commercial 

courier, and arrangements must be made 

with Ms. Blue prior to delivery for their 

receipt. Ms. Blue should be contacted at 

(202) 395–3475. Because comments and 

reply comments will be posted on 

USTR’s Web site, those persons not 

availing themselves of electronic filing 

must submit their 15 copies with a 

diskette. 

An appointment to review the 

comments may be made by calling the 

USTR Reading Room at (202) 395–6186. 

The USTR Reading Room is open to the 

public from 9:30 a.m. to 12 noon and 

from 1 p.m. to 4 p.m., Monday through 

Friday, and is located in Room 3 of 1724 

F Street, NW. 

Carmen Suro-Bredie, 

Chair, Trade Policy Staff Committee. 

[FR Doc. 05–22749 Filed 11–15–05; 8:45 am] 

BILLING CODE 3190–W6–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

United States-Israel Free Trade Area 

Implementation Act; Designation of 

Qualifying Industrial Zones 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice. 

DATES: This provision will become 

effective upon publication. 

SUMMARY: Under the United States-Israel 

Free Trade Area Implementation Act of 

1985 (‘‘IFTA Act’’), articles of qualifying 

industrial zones encompassing portions 

of Israel and Jordan or Israel and Egypt 

are eligible to receive duty-free 

treatment. Effective upon publication of 

this notice, the United States Trade 

Representative, pursuant to authority 

delegated by the President, is 

designating the Central Delta zone of 

Egypt as a qualifying industrial zone 

and expanding the already-designated 

Greater Cairo and Suez Canal qualified 

industrial zones under the IFTA Act. 

FOR FURTHER INFORMATION CONTACT: 

Edmund Saums, Director for Middle 

East Affairs, (202) 395–4987, Office of 

the United States Trade Representative, 

600 17th Street, NW., Washington, DC 

20508. 

SUPPLEMENTARY INFORMATION: Pursuant 

to authority granted under section 9 of 

the IFTA Act, as amended (19 U.S.C. 

2112 note), Presidential Proclamation 

6955 of November 13, 1996 (61 FR 

58761) proclaimed certain tariff 

treatment for articles of the West Bank, 

the Gaza Strip, and qualifying industrial 

zones. In particular, the Presidential 

Proclamation modified general notes 3 

and 8 of the Harmonized Tariff 

Schedule of the United States: (a) To 

provide duty-free treatment to 

qualifying articles that are the product 

of the West Bank, the Gaza Strip, or a 

qualifying industrial zone and are 

entered in accordance with the 

provisions of section 9 of the IFTA Act; 

(b) to provide that articles of Israel may 

be treated as though they were articles 

directly shipped from Israel for the 

purposes of the United States-Israel Free