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Federal Register / Vol. 70, No.

220 / Wednesday, November 16, 2005 / Notices 69621

articles, including technical data or in Pursuant to Section 38 of the AECA encompassed within the meaning of the
the furnishing of defense services for and Section 127.7 of the ITAR, the military and foreign affairs exclusion of
which a license or other approval is Assistant Secretary of State for Political- the Administrative Procedure Act.
required. This prohibition is referred to Military Affairs has statutorily debarred Because the exercise of this foreign
as ‘‘statutory debarment.’’ the following persons for a period of affairs function is discretionary, it is
Statutory debarment is based solely three years following the date of their excluded from review under the
upon conviction in a criminal AECA conviction: Administrative Procedure Act.
proceeding, conducted by a United (1) Guillermo Cardoso-Arias, April 1, Dated: November 7, 2005.
States Court, and as such the 2005, U.S. District Court, Southern
John Hillen,
administrative debarment proceedings District of Florida (Ft. Lauderdale), Case
#: 0:04CR60262–COHN Assistant Secretary for Political-Military
outlined in Part 128 of the ITAR are not Affairs, Department of State.
applicable. (2) Davilyn, Inc., June 27, 2005, U.S.
District Court, Central District of [FR Doc. 05–22721 Filed 11–15–05; 8:45 am]
The period for debarment will be
determined by the Assistant Secretary California (Los Angeles), Case #: CR 05– BILLING CODE 4710–25–P

for Political-Military Affairs based on 00432–RMT


(3) Carlos Gamarra-Murillo, August 9,
the underlying nature of the violations,
2005, U.S. District Court, Middle OFFICE OF THE UNITED STATES
but will generally be for three years
District of Florida (Tampa), Case #: TRADE REPRESENTATIVE
from the date of conviction. At the end
8:04–CR–349–T–27EAJ
of the debarment period, licensing (4) Xiuwen Liang also known as Request for Comments Concerning
privileges may be reinstated only at the (a.k.a.) Jennifer Liang and Jennifer Compliance With Telecommunications
request of the debarred person following Zhuang, April 14, 2005, U.S. District Trade Agreements
the necessary interagency consultations, Court, Central District of California (Los
after a thorough review of the AGENCY: Office of the United States
Angeles), Case #: CR03–138–SVW
circumstances surrounding the Trade Representative.
(5) Jinghua Zhuang a.k.a. Jackey
conviction, and a finding that Zhuang, January 6, 2004, U.S. District ACTION: Notice of request for public
appropriate steps have been taken to Court, Central District of California (Los comment and reply comment.
mitigate any law enforcement concerns, Angeles), Case #: CR03–138–SVW. SUMMARY: Pursuant to section 1377 of
as required by Section 38(g)(4) of the As noted above, at the end of the three-
AECA. It should be noted, however, that the Omnibus Trade and
year period, the above named persons/ Competitiveness Act of 1988 (19 U.S.C.
unless licensing privileges are entities remain debarred unless
reinstated, the person remains debarred. 3106) (‘‘section 1377’’), the Office of the
licensing privileges are reinstated. United States Trade Representative
Department of State policy permits Debarred persons are generally
debarred persons to apply to the (‘‘USTR’’) is reviewing and requests
ineligible to participate in activity comments on: The operation,
Director of Defense Trade Controls regulated under the ITAR (see e.g.,
Compliance for reinstatement beginning effectiveness, and implementation of
sections 120.1(c) and (d), and 127.11(a)). and compliance with WTO agreements
one year after the date of the debarment, The Department of State will not
in accordance with Section 38(g)(4) of affecting market opportunities for
consider applications for licenses or telecommunications products and
the AECA and Section 127.11(b) of the requests for approvals that involve any
ITAR. Any decision to grant services of the United States; the
person who has been convicted of telecommunications provisions of the
reinstatement can be made only after the violating or of conspiring to violate the
statutory requirements under Section North American Free Trade Agreement
AECA during the period of statutory (‘‘NAFTA’’), the Chile, Singapore, and
38(g)(4) of the AECA have been debarment. Persons who have been
satisfied. Australia Free Trade Agreements
statutorily debarred may appeal to the (‘‘FTA’’) and any other FTA coming into
Exceptions, also known as transaction Under Secretary for Arms Control and force on or before January 1, 2006; and
exceptions, may be made to this International Security for other telecommunications trade
debarment determination on a case-by- reconsideration of the ineligibility agreements. The USTR will conclude
base basis at the discretion of the determination. A request for the review by March 31, 2006.
Assistant Secretary of State for Political- reconsideration must be submitted in
Military Affairs. However, such an DATES: Comments are due by noon on
writing within 30 days after a person
exception would be granted only after a December 9, 2005 and Reply Comments
has been informed of the adverse
full review of all circumstances, paying by noon on January 6, 2006.
decision, in accordance with 22 CFR
particular attention to the following ADDRESSES: Gloria Blue, Executive
127.7(d) and 128.13(a).
factors: whether an exception is This notice is provided for purposes Secretary, Trade Policy Staff Committee,
warranted by overriding U.S. foreign of making the public aware that the ATTN: Section 1377 Comments, Office
policy or national security interests; persons listed above are prohibited from of the United States Trade
whether an exception would further law participating directly or indirectly in Representative, 1724 F Street, NW.,
enforcement concerns that are any brokering activities and in any Washington, DC 20508.
consistent with the foreign policy or export from or temporary import into FOR FURTHER INFORMATION CONTACT:
national security interests of the United the United States of defense articles, Arrow Augerot, Office of Industry,
States; or whether other compelling related technical data, or defense Market Access, and
circumstances exist that are consistent services in all situations covered by the Telecommunications (202) 395–6099; or
with the foreign policy or national ITAR. Specific case information may be Amy Karpel, Office of the General
security interests of the United States, obtained from the Office of the Clerk for Counsel (202) 395–5804.
and that do not conflict with law the U.S. District Courts mentioned SUPPLEMENTARY INFORMATION: Section
enforcement concerns. Even if above and by citing the court case 1377 requires the USTR to review
exceptions are granted, the debarment number where provided. annually the operations and
continues until subsequent This notice involves a foreign affairs effectiveness of all U.S. trade
reinstatement. function of the United States agreements regarding

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69622 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices

telecommunications products and 2005. Reply comments must also be in USTR Reading Room at (202) 395–6186.
services of the United States that are in English and be submitted by noon on The USTR Reading Room is open to the
force with respect to the United States. January 13, 2006. Reply comments public from 9:30 a.m. to 12 noon and
The purpose of the review is to should only address issues raised by the from 1 p.m. to 4 p.m., Monday through
determine whether any act, policy, or comments. Friday, and is located in Room 3 of 1724
practice of a country that has entered In order to ensure the most timely and F Street, NW.
into a telecommunications trade expeditious receipt and consideration of
Carmen Suro-Bredie,
agreement with the United States is comments and reply comments, USTR
has arranged to accept submissions in Chair, Trade Policy Staff Committee.
inconsistent with the terms of such
agreement or otherwise denies to U.S. electronic format (e-mail). Comments [FR Doc. 05–22749 Filed 11–15–05; 8:45 am]
firms, within the context of the terms of should be submitted electronically to BILLING CODE 3190–W6–P

such agreements, mutually FR0502@ustr.eop.gov. An automatic


advantageous market opportunities. For reply confirming receipt of e-mail
the current review, the USTR seeks submission will be sent. E-mail OFFICE OF THE UNITED STATES
comments on: submissions in Microsoft Word or Corel TRADE REPRESENTATIVE
(1) Whether any WTO member is WordPerfect are preferred. If a word
United States-Israel Free Trade Area
acting in a manner that is inconsistent processing application other than those
Implementation Act; Designation of
with its commitments under WTO two is used, please include in your
Qualifying Industrial Zones
agreements affecting market submission the specific application
opportunities for telecommunications used. For any document submitted AGENCY: Office of the United States
products and services, e.g., the WTO electronically containing business Trade Representative.
General Agreement on Trade in Services confidential information, the file name ACTION: Notice.
(‘‘GATS’’), including the Annex on of the business confidential version
Telecommunications and any scheduled should begin with the characters ‘‘BC’’. DATES: This provision will become
commitments including the Reference Any page containing business effective upon publication.
Paper on Pro-Competitive Regulatory confidential information must be clearly SUMMARY: Under the United States-Israel
Principles; marked ‘‘BUSINESS CONFIDENTIAL’’ Free Trade Area Implementation Act of
(2) Whether Canada or Mexico has on the top of that page. Filers must also 1985 (‘‘IFTA Act’’), articles of qualifying
failed to comply with its submit a public version of their industrial zones encompassing portions
telecommunications commitments or comments. The file name of the public of Israel and Jordan or Israel and Egypt
obligations under NAFTA; version should begin with the character are eligible to receive duty-free
(3) Whether Chile, Singapore, or ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be treatment. Effective upon publication of
Australia, or any other FTA partner with followed by the name of the person or this notice, the United States Trade
an Agreement that comes into force on entity submitting the comments or reply Representative, pursuant to authority
or before January 1, 2006 has failed to comments. Interested persons who make delegated by the President, is
comply with its telecommunications submissions electronically should not designating the Central Delta zone of
commitments or obligations under the provide separate cover letters; rather, Egypt as a qualifying industrial zone
respective FTA between the United information that might appear in a cover and expanding the already-designated
States and that country (see http:// letter should be included in the Greater Cairo and Suez Canal qualified
www.ustr.gov/Trade_Agreements/ submission itself. Similarly, to the industrial zones under the IFTA Act.
Section_Index.html for U.S. FTAs); extent possible, any attachments to the FOR FURTHER INFORMATION CONTACT:
(4) Whether other countries have submission should be included in the Edmund Saums, Director for Middle
failed to comply with their same file as the submission itself and East Affairs, (202) 395–4987, Office of
commitments under additional not as separate files. All non- the United States Trade Representative,
telecommunications agreements with confidential comments and reply 600 17th Street, NW., Washington, DC
the United States, e.g., Mutual comments will be placed on the USTR 20508.
Recognition Agreements (MRAs) for Web site, http://www.USTR.gov, and in
Conformity Assessment of the USTR Reading Room for inspection SUPPLEMENTARY INFORMATION: Pursuant
Telecommunications Equipment (see shortly after the filing deadline, except to authority granted under section 9 of
http://www.tcc.mac.doc.gov for a business confidential information the IFTA Act, as amended (19 U.S.C.
collection of trade agreements, exempt from public inspection in 2112 note), Presidential Proclamation
including ones related to accordance with 15 CFR 2003.6. 6955 of November 13, 1996 (61 FR
telecommunications); and We strongly urge use of the electronic 58761) proclaimed certain tariff
(5) Whether there remain outstanding filing procedures, if at all possible. If an treatment for articles of the West Bank,
issues from previous section 1377 e-mail submission is impossible, 15 the Gaza Strip, and qualifying industrial
reviews on those countries or issues copies of both the business confidential zones. In particular, the Presidential
previously cited (see http:// and the public versions must be Proclamation modified general notes 3
www.ustr.gov/Trade_Sectors/Telecom- delivered via private commercial and 8 of the Harmonized Tariff
E-commerce/Section_1377/ courier, and arrangements must be made Schedule of the United States: (a) To
Section_Index.html for the 2005 with Ms. Blue prior to delivery for their provide duty-free treatment to
review); receipt. Ms. Blue should be contacted at qualifying articles that are the product
(202) 395–3475. Because comments and of the West Bank, the Gaza Strip, or a
Public Comment and Reply Comment: reply comments will be posted on qualifying industrial zone and are
Requirements for Submission USTR’s Web site, those persons not entered in accordance with the
All comments must be in English, availing themselves of electronic filing provisions of section 9 of the IFTA Act;
identify on the first page of the must submit their 15 copies with a (b) to provide that articles of Israel may
comments the telecommunications trade diskette. be treated as though they were articles
agreement(s) discussed therein, and be An appointment to review the directly shipped from Israel for the
submitted by noon on December 16, comments may be made by calling the purposes of the United States-Israel Free

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