FINAL RULES PUBLISHED IN THE FEDERAL REGISTER

DURING FEBRUARY, 2006

DEPARTMENT OF COMMERCE, BUREAU OF INDUSTRY AND SECURITY

EXPORT ADMINISTRATION REGULATIONS

(15 CFR Part 730 et seq.)

 

NOTE:           CHANGES TO THE EXPORT ADMINISTRATION REGULATIONS LISTED BELOW ARE NUMBERED CONSECUTIVELY, BEGINNING IN JANUARY OF THE NEW YEAR.

 

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1.                Clarification to the Export Administration Regulations; General Order to Implement the Syria Accountability and Lebanese Sovereignty Act (71 FR 9441 on February 24, 2006)

 

Commentary: The Bureau of Industry and Security (BIS) is publishing a final rule to amend the Export Administration Regulations (EAR) to clarify that provisions of the Syria General Order set forth special controls on exports and reexports to Syria and supersede other provisions in the EAR specific to Syria.  The Syria General Order is set forth in Supplement 1 to Part 736 of the EAR as General Order No. 2.  In response to a suggestion by exporters, BIS is clarifying that the Syria General Order sets forth special controls on exports and reexports to Syria and supersedes other provisions in the EAR specific to Syria by adding two cross references to the Syria General Order in Parts 742 and 746 of the EAR.  Specifically, this final rule adds a new paragraph (e) to Section 742.9 “Anti-terrorism:  Syria”, and adds new Section 746.9, “Syria” to Part 746 – Embargoes and Other Special Controls.

 

  

 

DENIAL ORDERS PUBLISHED IN THE FEDERAL REGISTER

DURING FEBRUARY, 2006

 

NOTE:           DENIAL ORDERS ARE EFFECTIVE ON THE DATE OF PUBLICATION IN THE FEDERAL REGISTER.  THEY ALSO ARE PUBLISHED IN SECTION 788 OF THE EXPORT ADMINISTRATION REGULATIONS AND ARE AVAILABLE ON THE DEPARTMENT OF COMMERCE’S ELECTRONIC BULLETIN BOARD, “ELVIS”, BY DIALING (202) 377-2753 AND DIALING “555”, “6”, “1” ON THE MENU OF OPTIONS. HOWEVER, BOTH SOURCES ARE UPDATED SEVERAL MONTHS AFTER PUBLICATION IN THE FEDERAL REGISTER.  CHANGES TO THE TABLE OF DENIAL ORDERS LISTED BELOW ARE NUMBERED CONSECUTIVELY, BEGINNING IN JANUARY OF THE NEW YEAR. 

 

 

 

1.                  Action Affecting Export Privileges; Wen Enterprises, Ning Wen, Hailin Lin; Order Renewing Temporary Denial Order Against Web Enterprises (“WE”), Ning Wen (“Wen”), and Hailin Lin (“Lin”) (71 FR 5809 on February 3, 2006)

 

2.                Action Affecting Export Privileges; Pakland PMD Corp., Humayun Khan; Order Renewing Order Temporarily Denying Export Privileges (71 FR 6263 on February 7, 2006)

 

 

 

 

NOTICES PUBLISHED IN THE FEDERAL REGISTER

DURING FEBRUARY, 2006

DEPARTMENT OF STATE, OFFICE OF DEFENSE TRADE CONTROLS

INTERNATIONAL TRAFFIC IN ARMS REGULATIONS

(22 CFR Part 120 et seq.)

 

NOTE:           CHANGES TO THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS LISTED BELOW ARE NUMBERED CONSECUTIVELY, BEGINNING IN JANUARY OF THE NEW YEAR. 

 

 

 

3.                Bureau of Political Military Affairs; Statutory Debarment Under the International Traffic in Arms Regulations (71 FR 5402 on February 1, 2006)

 

The Department of State has published a notice imposing a statutory debarment pursuant to Section 127.7(c) of the International Traffic in Arms Regulations (“ITAR”) (22 CFR Parts 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).  Pursuant to Section 38 of the AECA and Section 127.7 of the ITAR, the Assistant Secretary of State for Political-Military Affairs has statutorily debarred the following persons for a period of three years following the date of their AECA conviction:

 

(1) Bernardo Gonzalez-Martinez, October 24, 2003, U.S. District Court, Southern District of Texas (Brownsville), Case #: 1:03CR00455-003.

 

(2) Maria Silvia Elizalde de Nuñez, October 10, 2003, U.S. District Court, Southern District of Texas (Brownsville), Case #: 1:03CR00455-002.

 

(3) Kwonhwan Park (a.k.a. Howard Park), August 30, 2005, U.S. District Court, District of Connecticut (Bridgeport), Case #: 3:04cr123(MRK).

 

(4) Mehrdad Zar (a.k.a. Tony Zar), October 27, 1998, U.S. District Court, Eastern District of Virginia, Case #: 2:98CR00064-001.

 

(5) Constantinos Katsaras, November 25, 2003, U.S. District Court, Southern District of Florida (Ft. Lauderdale), Case #: 03-60096-Cr-Marra.

   

(6) Edgar Semprun, March 14, 2005, U.S. District Court, Southern District of Florida (Miami), Case #: 04-20605-CR-LENARD 004.

  

(7) Rafael Alberto Samper, February 28, 2005, U.S. District Court, Southern District of Florida (Miami), Case #: 04-20605-CR-LENARD 003.

   

(8) Antonio Tarrab, March 8, 2005, U.S. District Court, Southern District of Florida (Miami), Case #: 04-20605-CR-LENARD 005.

   

(9) Bilmer Alberto Paz, March 21, 2005, U.S. District Court, Southern District of Florida (Miami), Case #: 04-20605-CR-LENARD 006.

 

(10) Raul Demolina, May 5, 2005, U.S. District Court, Southern District of Florida (Miami), Case #: 04-20605-CR-LENARD(s).

   

(11) Sotaro Inami, April 28, 2005, U.S. District Court, Eastern District of Pennsylvania, Case #: 04-429.

   

(12) Luis Hector Margaillon-Drabos (a.k.a. Pedro Marquez-Monreal; a.k.a. Luis Hector Margaillon; a.k.a. Jose Olivarez-Martinez), April 18, 2005, U.S. District Court, District of Arizona (Tucson), Case #: CR 04-00208-001-PHX-FJM.

   

(13) Hemant Lakhani (a.k.a. Hemad Lakhani), September 12, 2005, U.S. District Court, District of New Jersey (Newark), Case #: 03-880-01.

   

(14) Interaero, Inc., December 16, 2004, U.S. District Court, District of Columbia, Case #: CR 04-317.

   

(15) Renald Etienne, December 17, 1999, U.S. District Court, Middle District of Florida (Tampa), Case #: 99-31-CR-FTM-26D.

   

(16) David Tomkins, October 8, 2004, U.S. District Court, Southern District of Florida (Miami), Case #: 94-204-CR-JORDAN.

   

(17) Tanzeem A. Khan, September 11, 2001, U.S. District Court, District of Maryland (Baltimore), Case #: JFM-01-085.

   

(18) Tauquir A. Khan, September 11, 2001, U.S. District Court, District of Maryland (Baltimore), Case #: JFM-01-085.

   

(19) Eduardo Marin Mejias, November 23, 2005, U.S. District Court, Southern District of Florida (Miami), Case #: 05-60128-CR-ALTONAGA.

   

(20) Neuro Enrique Gonzalez, November 8, 2005, U.S. District Court, Southern District of Florida (Miami), Case #: 05-60128-CR-ALTONAGA(s).

   

(21) Randy Reyes, January 14, 2000, U.S. District Court, Eastern District of Wisconsin, Case #: 98-CR-189.

   

(22) Fermin Revuelta, December 14, 2000, U.S. District Court, Northern District of California, Case #: CR-99-0117 CAL.

   

(23) Fernando Sero (a.k.a. Ferdie Resada), December 15, 2005, U.S. District Court, Southern District of New York, Case # 05 CR00340-01 (CLB).

 

    As noted above, at the end of the three-year 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.