Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Notices 30783 DEPARTMENT OF STATE surrounding the conviction and the It is the policy of the Department of imposition of the policy of denial. The State that statutory debarment lasts for [Public Notice 11119] Department has determined that it is in a three year period following Bureau of Political-Military Affairs; the national security and foreign policy conviction. Unless export privileges are Rescission of Policy of Denial interests of the United States to rescind reinstated, however, the person remains Concerning BAE Systems Saudi the policy of denial concerning BAE debarred. Reinstatement is not Arabia Limited (BAES SAL) a SAL, including its divisions and automatic, and in all cases the debarred Subsidiary of BAE Systems plc Under business units, and successor entities. person must submit a request for reinstatement to the Department of State the International Traffic in Arms R. Clarke Cooper, Regulations and be approved for reinstatement Assistant Secretary, Bureau of Political- before engaging in any activities subject Military Affairs, Department of State. ACTION: Notice. to this subchapter. [FR Doc. 2020–10863 Filed 5–19–20; 8:45 am] Department of State policy permits SUMMARY: Notice is hereby given that BILLING CODE 4710–25–P debarred persons to apply to the the Department of State has rescinded Director, Office of Defense Trade the policy of denial concerning BAES Controls Compliance, for reinstatement SAL, a subsidiary of BAE Systems plc, DEPARTMENT OF STATE beginning one year after the date of the included in Federal Register notice of [Public Notice 11118] debarment. Any decision to grant May 23, 2011 (76 FR 29814). reinstatement can be made only after the DATES: This notice is effective on May Statutory Debarment Under the Arms statutory requirements of Section 20, 2020. Export Control Act and the 38(g)(4) of the AECA have been FOR FURTHER INFORMATION CONTACT: Jae International Traffic in Arms satisfied. Certain exceptions, known as Shin, Director, Office of Defense Trade Regulations transaction exceptions, may be made to Controls Compliance, Bureau of this debarment determination on a case- Political-Military Affairs, Department of ACTION: Notice. by-case basis. However, such an State (202) 632–2107. exception would be granted only after a SUMMARY: Notice is hereby given that full review of all circumstances, paying SUPPLEMENTARY INFORMATION: On March the Department of State has imposed 2, 2010, a judgment was filed against particular attention to the following statutory debarment under the factors: Whether an exception is BAE Systems plc (BAES) for conspiring International Traffic in Arms to commit offenses against the United warranted by overriding U.S. foreign Regulations (‘‘ITAR’’) on persons policy or national security interests; States in violation of 18 U.S.C. 371, convicted of violating, or conspiracy to including conspiring to violate the Arms whether an exception would further law violate, Section 38 of the Arms Export enforcement concerns that are Export Control Act (AECA) and the Control Act (AECA). International Traffic in Arms consistent with the foreign policy or DATES: Debarment imposed as of May Regulations (ITAR). Subsequent to this national security interests of the United 20, 2020. conviction, the Department and BAES States; or whether other compelling agreed to enter into a Consent FOR FURTHER INFORMATION CONTACT: Jae circumstances exist that are consistent Agreement in order to settle and dispose Shin, Director, Office of Defense Trade with the foreign policy or national of all potential civil charges and Controls Compliance, Bureau of security interests of the United States, penalties. Political-Military Affairs, Department of and that do not conflict with law Upon signature of the agreement in State (202) 632–2107. enforcement concerns. Even if 2011, BAES was statutorily debarred, SUPPLEMENTARY INFORMATION: Section exceptions are granted, the debarment and a rescission of debarment was 38(g)(4) of the AECA, 22 U.S.C. continues until subsequent concurrently issued. However, the 2778(g)(4), restricts the Department of reinstatement. Department chose to impose a policy of State from issuing licenses for the Pursuant to Section 38(g)(4) of the denial on the business units responsible export of defense articles or defense AECA and Section 127.7(c) of the ITAR, for the majority of the violations: BAE services where the applicant, or any the following persons, having been Systems CS&S International, Red party to the export, has been convicted convicted in a U.S. District Court, are Diamond Trading Ltd., and Poseidon of violating certain statutes, including statutorily debarred as of the date of this Trading Investments Ltd., including section 38 of the AECA. The statute notice (Name; Date of Judgment; Judicial their divisions and business units, and permits the President to make certain District; Case No.; Month/Year of Birth): successor entities. The Department exceptions on a case-by-case basis. (1) Asad-Ghanem, Rami Najm (aka announced the policy of denial by Section 127.7(b) of the ITAR also Ghanem, Rami Najm); August 19, 2019; Federal Register notice in May 2011 (76 provides for ‘‘statutory debarment’’ of Central District of California; 2:15–cr–00704; FR 29814, May 23, 2011). any person who has been convicted of June 1966. (2) Boyko, Gennadiy; December 7, 2018; According to BAES, sometime after violating or conspiring to violate the Northern District of Georgia; 1:16–cr–00338; the announcement of the policy of AECA. Under this policy, persons February 1970. denial, BAE Systems CS&S subject to statutory debarment are (3) Browning, Scott Douglas; August 9, International, Red Diamond Trading prohibited from participating directly or 2019; Eastern District of North Carolina; Ltd., and Poseidon Trading Investments indirectly in any activities that are 5:18–cr–00036; April 1977. Ltd. have ceased to exist. However, BAE regulated by the ITAR. (4) Brunt, Paul Stuart; March 1, 2019; SAL is a successor entity to BAE Statutory debarment is based solely Western District of Washington; 2:18–cr– Systems CS&S International and upon conviction in a criminal 00025; February 1966. (5) Chehade, Walid; May 8, 2019; Western remains subject to the policy of denial. proceeding, conducted by a United District of Michigan; 1:17–cr–00263; July In response to a request from BAES States court, and as such the 1981. for rescission of this policy of denial, administrative debarment procedures (6) Dequarto, Dominick; December 5, 2018; the Department has conducted a outlined in Part 128 of the ITAR are not Middle District of Florida; 8:18–cr–00320; thorough review of the circumstances applicable. December 1965. VerDate Sep<11>2014 17:51 May 19, 2020 Jkt 250001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\20MYN1.SGM 20MYN1 30784 Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Notices (7) Diab, Hicham, June 11, 2019; Western persons listed above are prohibited from segment approximately 21.5 miles in District of Washington; 2:18–cr–00282; July participating directly or indirectly in length owned by Union Pacific Railroad 1976. activities regulated by the ITAR, Company (UP) extending from BNSF (8) El Mir, Nafez; June 11, 2019; Western including any brokering activities and milepost 1.4 (Midway Subdivision)/UP District of Washington; 2:18–cr–00282; November 1967. any export from or temporary import milepost 1.0 (on UP’s Altoona (9) Heubschmann, Andy Lloyd; December into the United States of defense Subdivision) at Westminster Junction to 17, 2019; Eastern District of Wisconsin; 1:19– articles, technical data, or defense milepost 2.5 at Bayport (on UP’s cr–00119; November 1959. services in all situations covered by the Stillwater Industrial Lead). The Line (10) Joseph, Junior Joel; April 12, 2019; ITAR. Specific case information may be traverses U.S. Postal Service Zip Codes Southern District of Florida; 9:18–cr–80139; obtained from the Office of the Clerk for 55003, 55042, 55082, 55101, 55103, February 1978. the U.S. District Courts mentioned 55104, 55106, 55108, 55114, 55117, (11) Peterson, John James; November 18, 55119, 55128, 55130, 55413, 55414, 2019; Southern District of Florida; 1:19–cr– above and by citing the court case 20442; February 1959. number where provided. 55418, 55421, and 55455. MNNR has certified that: (1) It has (12) Prezas, Julian; November 3, 2017; R. Clarke Cooper, Western District of Texas; 5:16–cr–00040; handled no local traffic over the Line for January 1980. Assistant Secretary, Bureau of Political- at least two years; (2) it has handled no (13) Rodriguez, Chris; October 18, 2019; Military Affairs, Department of State. overhead traffic over the Line for at least Eastern District of Virginia; 1:19–cr–00153; [FR Doc. 2020–10862 Filed 5–19–20; 8:45 am] two years (and thus there is none to be April 1962. BILLING CODE 4710–25–P rerouted over other lines); (3) no formal (14) Ruchtein, Sergio; October 29, 2019; complaint by a user of MNNR rail Eastern District of Pennsylvania; 2:19–cr– 00309; October 1967. service on the Line (or by a state or local (15) Saiag, Allexander (aka Saiag, SURFACE TRANSPORTATION BOARD government entity acting on behalf of Alexandre); November 22, 2019; Eastern [Docket No. AB 882 (Sub-No. 4X)] such user) regarding cessation of service District of New York; 1:19–cr–00129; on the Line is pending either with the September 1986. Minnesota Commercial Railway Surface Transportation Board (Board) or (16) Saidi, Abdul Majid; March 15, 2019; Company—Discontinuance of with any U.S. District Court or has been Western District of Michigan; 1:17–cr–00263; Trackage Rights Exemption—in Anoka, decided in favor of such complainant March 1976. within the two-year period; and (4) the (17) Shapovalov, Michael (aka Mikhail Hennepin, Ramsey, and Washington Shapovalov); May 29, 2018; District of Counties, Minn.