52436 Federal Register Vol 68, No 170Wednesday, September 3…

52436Federal Register/Vol. 68, No. 170/Wednesday, September 3, 2003/Notices

Dated: August 27, 2003.

Herbert L. Mitchell,

Associate Administrator for Disaster Assistance.

[FR Doc. 03–22422 Filed 9–2–03; 8:45 am] BILLING CODE 8025–01–P

DEPARTMENT OF STATE

[Public Notice 4465]

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

AGENCY: Department of State. ACTION: Notice.

SUMMARY: Notice is hereby given that the Department of State has imposed statutory debarment pursuant to section 127.7(c) of the International Traffic in Arms Regulations (‘‘ITAR’’) (22 CFR 120 to 130) on persons convicted of violating or conspiring to violate section 38 of the Arms Export Control Act

(‘‘AECA’’) (22 U.S.C. 2778). EFFECTIVE DATE: Date of conviction as specified for each person.

FOR FURTHER INFORMATION CONTACT: David Trimble, Director, Office of Defense Trade Controls Compliance, Bureau of Political-Military Affairs, Department of State (202) 633-2700. SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA, 22 U.S.C. 2778, prohibits licenses and other approvals for the export of defense articles or defense services to be issued to a person, or any party to the export, who has been convicted of violating certain U.S. criminal statutes, including the AECA.

In implementing this section of the AECA, the Assistant Secretary of State for Political-Military Affairs is authorized by section 127.7 of the ITAR to prohibit any person who has been convicted of violating or conspiring to violate the AECA 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 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 court of the United States, 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 of State for Political-Military Affairs based upon the underlying nature of the violations, but will normally be three

years from the date of conviction. Please

note however, that unless licensing

privileges are reinstated, the person/

entity will remain debarred. 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 and in accordance with section

127.11(b) of the ITAR.

Department of State policy permits

debarred persons to apply to the

Director of the Office of Defense Trade

Controls Compliance for an exception

from the period of debarment, in

accordance with section 38(g)(4) of the

AECA and section 127.11(b) of the

ITAR. Any decision to grant an

exception can be made only after the

statutory requirements under section

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

satisfied. If the exception is granted, the

debarment will be suspended.

Debarred persons are generally

ineligible to participate in activity

regulated under the ITAR (see e.g.,

sections 120.1(c) and (d), 126.7,

127.1(c), and 127.11(a)). The

Department of State will not consider

applications for licenses or requests for

approvals that involve any person or

any party to the export who has been

convicted of violating or 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).

Pursuant to section 38 of the AECA

and section 127.7 of the ITAR, the

following persons have been statutorily

debarred by the Assistant Secretary of

State for Political-Military Affairs for a

period of three years following their

AECA conviction:

(1) Saeed Homayouni, June 11, 2001

(entry date of June 14, 2001), U.S.

District Court, Southern District of

California (San Diego), Docket # 00–CR–

3843–ALL.

(2) Quality Aviation & Power Support,

Inc., August 21, 2001 (entry date of

August 27, 2001), U.S. District Court for

the Central District of California

(Western Division), Docket # 2:00–CR–

787.

(3) Earlene L. Christensen aka Earlene

Larson Christenson aka Earlene Larson,

August 21, 2002 (entry date August 27,

2002), Central District of California,

(Western Division), Docket # 2:00–CR–

787.

(4) Richard Kelly Smyth, December

28, 2001 (entry date of January 8, 2002),

U.S. District Court, Central District of

California (Western Division), Docket #

85–CR–483–ALL.

(5) Diaa Mohsen, November 16, 2001

(entry date November 20, 2001), U.S.

District Court, Southern District of

Florida (West Palm Beach), Docket #

01–CR–8087–ALL.

(6) Jonathan Reynolds, September 28,

2000 (entry date October 2, 2000), U.S.

District Court, District of Massachusetts

(Boston), Docket # 00–CR–10267–ALL.

(7) Fadi Boutros, aka Fadi E. Sitto, aka

Fadi Jirjis, aka Fred Boutros, February

11, 1999 (entry date February 17, 1999),

U.S. District Court, District of

Connecticut (New Haven), Docket #

3:99–CR–19.

(8) Paul Siroky, October 5, 2000 (entry

date October 6, 2000), U.S. District

Court, Central District of California

(Western Division), Docket # 2:00–CR–

884.

(9) Steven Picatti, October 19, 1998

(entry date November 18, 1998), U.S.

District Court, Central District of

California (Western Division), Docket #

2:98–CR–860.

(10) Peter Appelbaum, August 18,

1999 (entry date August 24, 1999), U.S.

District Court, Southern District of

Florida (Miami), Docket # 99–CR–530–

ALL.

(11) Bing Sun, August 1, 2000 (entry

date August 2, 2000), U.S. District

Court, Eastern District of Virginia

(Norfolk), Docket # 2:00–CR–28.

(12) Patte Sun, August 1, 2000 (entry

date August 2, 2000), U.S. District

Court, Eastern District of Virginia

(Norfolk), Docket # 2:00–CR–28.

(13) All Ports Inc., August 1, 2000

(entry date August 2, 2000), U.S. District

Court, Eastern District of Virginia

(Norfolk), Docket # 2:00–CR–28.

(14) Beta Trading Company, August

28, 1998 (entry date September 1, 1998),

U.S. District Court, District of South

Carolina (Charleston), Docket # 98–CR–

332–ALL.

(15) Genaro Lopez-Gonsales, October

5, 1999 (entry date October 19, 1999),

U.S. District Court, Southern District of

Texas (McAllen), Docket #99–CR–434–

ALL.

(16) Octabio Merida Gonzalez, July 1,

1998 (entry date July 8, 1998), U.S.

District Court, Southern District of

52437 Federal Register/Vol. 68, No. 170/Wednesday, September 3, 2003/Notices

Texas (Brownsville), Docket # 98–CR–255–ALL.

(17) Collin Xu, aka Collin Shu, aka Zhihong Xu, November 9, 2000 (entry date November 15, 2000), U.S. District Court, District of Massachusetts (Boston), Docket #99–CR–10075–ALL.

(18) Yi Yao, aka Yao Yi, February 2, 2000 (entry date February 8, 2000), U.S. District Court of Massachusetts (Boston), Docket # 99–CR–10075–ALL.

(19) Mariano Recinos-Rivera, June 5, 2000 (entry date June 20, 2000), U.S. District Court, Southern District of Texas (McAllen), Docket #00–CR–218–ALL.

(20) Gunther Kohlke, February 27, 2002 (entry date March 1, 2002), U.S. District Court, District of New York (Brooklyn), Docket #01–CR–738–ALL. (21) Eugene Yon-Tsai Hsu, April 30, 2002 (entry date May 5, 2002), U.S. District Court, District of Maryland (Baltimore), Docket #01–CR–485–ALL.

(22) David Tzuwei Yang, April 30, 2002 (entry date May 5, 2002), U.S. District Court, District of Maryland (Baltimore), Docket #01–CR–485–ALL.

(23) Dennis Ritiche Jones, March 23, 1999 (entry date March 26, 1999), U.S. District Court, District of Arizona, Docket # CR–99–346–01.

(24) Carlos Fernando Chirinos, September 13, 2002 (entry date September 17, 2002), U.S. District Court, District of Arizona, Docket # 02–20605–CR.

(25) Daniel Jose Uribazo, August 29, 2002 (entry date August 30, 2002), U.S. District Court, District of Arizona, Docket # 02–20605–CR.

(26) Maximo de los Santos, November 18, 1999 (entry date November 19, 1999), U.S. District Court, District of Hawaii, Docket # 1:99CR00426–001. (27) Jesse Radona Ponce, November 18, 1999 (entry date November 19, 1999), U.S. District Court, District of Hawaii, Docket # 1:99CR00426–001. (28) Jesus Pascual Domingo, April 6, 2000 (entry date April 6, 2000), U.S. District Court, District of Hawaii, Docket # 1:99CR00426–001.

(29) Paul Guzman, November 22, 1999 (entry date November 24, 1999), U.S. District Court, District of Hawaii, Docket # 1:99CR00426–001.

As noted above, at the end of the three-year period, the above-named persons/entities will remain debarred unless licensing privileges are reinstated.

This notice is provided in order to make 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 or defense services, including technical

data, in all situations covered by the

ITAR. Specific case information may be

obtained from the Office of the Clerk of

Court for each respective US District

Court, citing the court docket number

where provided.

Exceptions may be made to this

denial policy on a case-by-case basis at

the discretion of the Directorate of

Defense Trade Controls pursuant to 22

CFR 126.3. 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 interest;

whether an exception would further law

enforcement concerns which are

consistent with the foreign policy or

national security interests of the United

States; or whether other compelling

circumstances exist which are

consistent with the foreign policy or

national security interests of the United

States, and which do not conflict with

law enforcement concerns.

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

affair function is discretionary, it is

excluded from review under the

Administrative Procedure Act.

Dated: August 19, 2003.

Rose M. Likins,

Principal Deputy Assistant Secretary, Bureau

of Political-Military Affairs, Department of

State.

[FR Doc. 03–22418 Filed 9–2–03; 8:45 am]

BILLING CODE 4710–25–P

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

Generalized System of Preferences

(GSP): Notice Regarding the 2001,

2002, and Ongoing Country Practice

Reviews

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice.

SUMMARY: The Office of the United

States Trade Representative (USTR)

received petitions in 2001 and 2002 to

review certain practices in certain

beneficiary developing countries to

determine whether such countries are in

compliance with the GSP eligibility

criteria. This notice announces the 2001

and 2002 country practice petitions that

are accepted for review, and sets forth

the schedule for comment and public

hearing on these petitions and on other

ongoing country practices reviews, for

requesting participation in the hearing,

and for submitting pre- and post-hearing

briefs.

ADDRESSES: The e-mail address for

submissions is FR0052@https://www.wendangku.net/doc/cb2087166.html,. If

unable to submit petitions by e-mail,

contact the GSP Subcommittee of the

Trade Policy Staff Committee (TPSC).

FOR FURTHER INFORMATION CONTACT:

Contact the GSP Subcommittee, Office

of the United States Trade

Representative, 1724 F Street, NW.,

Room F–220, Washington, DC 20508.

The telephone number is (202) 395–

6971 and the facsimile number is (202)

395–9481.

SUPPLEMENTARY INFORMATION: The GSP

provides for the duty-free importation of

designated articles from designated

beneficiary developing countries. The

GSP is authorized by title V of the Trade

Act of 1974 (‘‘the 1974 Act’’), as

amended (19 U.S.C. 2461, et seq.), and

is implemented in accordance with

Executive Order 11888 of November 24,

1975, as modified by subsequent

Executive Orders and Presidential

Proclamations.

In a Federal Register notice dated

April 13, 2001, USTR initiated the 2001

GSP Annual Review and announced a

deadline of June 13, 2001, for the filing

of petitions (66 FR 19278). In a Federal

Register notice dated November 1, 2002,

USTR initiated the 2002 GSP Annual

Review and announced a deadline of

December 2, 2002, for the filing of

petitions (67 FR 66699). Several of the

petitions received requested the review

of certain practices in certain

beneficiary developing countries to

determine whether such countries are in

compliance with the eligibility criteria

set forth in sections 502(b) and 502(c) of

the 1974 Act.

The GSP program expired on October

1, 2001, and was not reauthorized until

August 6, 2002. Consequently, the

interagency TPSC made no

announcement of the acceptance of

country practice petitions for the 2001

GSP Annual Review, and merged the

2001 petitions into the 2002 GSP

Annual Review.

The TPSC has decided to accept

certain petitions for review, as indicated

in Annex I to this notice. Annex I sets

out the case number and status of, and

subject country and practice addressed

in each petition, and updates the status

of other, previously initiated, ongoing

country practice reviews. If the TPSC

decides to accept any other 2001 or

2002 country practice petition for

review, it will make an announcement

in the Federal Register at a later date.