DDTC updates list of statutorily debarred persons

The US Directorate of Defense Trade Controls (‘DDTC’) has given notice of new persons, convicted of violating, or conspiracy to violate, the Arms Export Control Act (‘AECA’), upon whom the Department of State has imposed statutory debarment under the International Traffic in Arms Regulations (‘ITAR’).

As the debarment notice in the Federal Register notes:

‘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 the AECA or certain other statutes, enumerated in section 38 of the AECA, subject to a narrowly defined statutory exception.

‘The Department refers to this restriction as a limitation on ‘‘export privileges’’ and implements a presumption of denial through section 127.11 of the ITAR. In addition, section 127.7(b) of the ITAR 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.’

See the Notice, including details of the debarred persons, at: https://www.pmddtc.state.gov/ddtc_public