[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Notices]
[Pages 30074-30075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11737]


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DEPARTMENT OF STATE

[Public Notice: 11433]


Bureau of Political-Military Affairs; Statutory Debarment Under 
the Arms Export Control Act and the International Traffic in Arms 
Regulations

ACTION: Notice.

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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, the Arms Export Control Act (AECA).

DATES: Debarment imposed as of June 4, 2021.

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 either to rescind 
only the statutory debarment pursuant to section 127.7(b), or to both 
rescind the statutory debarment 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 
actions to both rescind the statutory debarment and reinstate export 
privileges. 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 sections 127.7(b) and 
(c)(1) 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

[[Page 30075]]

notice (Name; Date of Judgment; Judicial District; Case No.; Month/Year 
of Birth):

    (1) Danso, Ronald Adjei; September 15, 2020; District of Utah; 
2:19-cr-00184-JNP; November 1968.
    (2) Higuera, Julian Alonso; September 24, 2020; District of 
Arizona; 4:16-cr-00437-RM-DTF; October 1990.
    (3) Li, Qingshan; June 12, 2020; Southern District of 
California; 3:19-cr-02564-CAB; February 1985.
    (4) Park, Si Mong; September 14, 2020; District of the District 
of Columbia; 1:17-cr-00228-RC; September 1970.
    (5) Rubio, Maritza; June 6, 2019; District of Arizona; 4:17-cr-
02027-CKJ-EJM; February 1979.
    (6) Sun, Wei; November 18, 2020; District of Arizona; 4:19-cr-
00472-RM-JR; December 1971.
    (7) Williams, Randy Lew; March 3, 2021; Western District of 
Oklahoma; 5:20-cr-00106-JD; August 1963.

    At the end of the three-year period following the date of 
conviction, the above-named persons remain debarred unless a request 
for reinstatement from statutory debarment is approved by the 
Department of State.
    Pursuant to section 120.1(c) of the ITAR, debarred persons are 
generally ineligible to participate in activity regulated under the 
ITAR. Also, under section 127.1(d) of the ITAR, any person who has 
knowledge that another person is ineligible pursuant to section 
120.1(c)(2) of the ITAR 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.

Timothy A. Betts,
Acting Assistant Secretary, Bureau of Political-Military Affairs, U.S. 
Department of State.
[FR Doc. 2021-11737 Filed 6-3-21; 8:45 am]
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