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69620 Federal Register / Vol. 70, No.

220 / Wednesday, November 16, 2005 / Notices

disaster for the State of Indiana (FEMA– SMALL BUSINESS ADMINISTRATION objects at the Isabella Stewart Gardner
1612–DR ), dated 11/8/2005. Museum, Boston, MA from on or about
Incident: Tornado and Severe Storms. Advisory Committee on Veterans December 15, 2005 to on or about March
Business Affairs; Public Meeting 26, 2006, and at possible additional
Incident Period: 11/6/2005.
venues yet to be determined, is in the
Effective Date: 11/8/2005. The U.S. Small Business
national interest. Public Notice of these
Physical Loan Application Deadline Administration (SBA), pursuant to the
determinations is ordered to be
Date: 1/9/2006. Veterans Entrepreneurship and Small
published in the Federal Register.
Business Development Act of 1999 (Pub.
EIDL Loan Application Deadline Date: L. 106–50), Advisory Committee on FOR FURTHER INFORMATION CONTACT: For
8/8/2006. Veterans Business Affairs will host a further information, including a list of
ADDRESSES: Submit completed loan second public meeting on November the exhibit objects, contact Carol B.
applications to: U.S. Small Business 15–17, 2005. The meeting will take Epstein, Attorney-Adviser, Office of the
Administration, National Processing place at the U.S. Small Business Legal Adviser, Department of State,
and Disbursement Center, 14925 Administration, 409 3rd Street, SW., (telephone: 202/453–8048). The address
Kingsport Road, Fort Worth, TX 76155. Washington, DC 20416. The meeting on is Department of State, SA–44, 301 4th
Tuesday, November 15, 2005 and Street, SW., Room 700, Washington, DC
FOR FURTHER INFORMATION CONTACT: A. 20547–0001.
Escobar, Office of Disaster Assistance, Wednesday, November 16, 2005 will
start at 9 a.m. until 5 p.m., in the Dated: November 7, 2005.
U.S. Small Business Administration,
409 3rd Street, Suite 6050, Washington, Eisenhower Conference Room, located C. Miller Crouch,
DC 20416. on the 2nd floor. The meeting on Principal Deputy Assistant Secretary for
Thursday, November 17, 2005 will start Educational and Cultural Affairs, Department
SUPPLEMENTARY INFORMATION: Notice is at 9 a.m. until noon, in the of State.
hereby given that as a result of the Administration’s Conference Room, [FR Doc. 05–22722 Filed 11–15–05; 8:45 am]
President’s major disaster declaration on located on the 7th floor. BILLING CODE 4710–08–P
11/8/2005, applications for disaster Anyone wishing to attend must
loans may be filed at the address listed contact Cheryl Clark in writing or by
above or other locally announced fax. Cheryl Clark, Program Liaison, DEPARTMENT OF STATE
locations. Office of Veterans Business [Public Notice 5228]
The following areas have been Development, 409 3rd Street, SW.,
determined to be adversely affected by Washington, DC 204165, phone (202) Bureau of Political-Military Affairs;
the disaster: 205–6773), fax: (202) 481–6085, e-mail: Statutory Debarment Under the
Primary Counties: Vanderburgh cheryl.clark@sba.gov. International Traffic in Arms
Warrick Matthew K. Becker,
Regulations
Contiguous Counties: Indiana Committee Management Officer. ACTION: Notice.
Dubois, Gibson, Pike, Posey, Spencer [FR Doc. 05–22736 Filed 11–15–05; 8:45 am]
SUMMARY: Notice is hereby given that
Kentucky BILLING CODE 8025–01–P
the Department of State has imposed
Daviess, Henderson statutory debarment pursuant to Section
The Interest Rates are: 127.7(c) of the International Traffic in
DEPARTMENT OF STATE
Arms Regulations (‘‘ITAR’’) (22 CFR
Percent [Public Notice 5229] parts 120 to 130) on persons convicted
of violating or conspiring to violate
Homeowners With Credit Avail- Culturally Significant Objects Imported Section 38 of the Arms Export Control
able Elsewhere ......................... 5.375 for Exhibition Determinations: ‘‘Bellini
Homeowners Without Credit Act (‘‘AECA’’) (22 U.S.C. 2778).
and the East’’ EFFECTIVE DATE: Date of conviction as
Available Elsewhere .................. 2.687
Businesses With Credit Available SUMMARY: Notice is hereby given of the specified for each person.
Elsewhere ................................. 6.557
following determinations: Pursuant to FOR FURTHER INFORMATION CONTACT:
Businesses & Small Agricultural the authority vested in me by the Act of David Trimble, Director, Office of
Cooperatives Without Credit October 19, 1965 (79 Stat. 985; 22 U.S.C. Defense Trade Controls Compliance,
Available Elsewhere ..................4.000
Other (Including Non-profit Orga-
2459), Executive Order 12047 of March Bureau of Political-Military Affairs,
nizations) With Credit Available 27, 1978, the Foreign Affairs Reform and Department of State (202) 663–2700.
4.750 Restructuring Act of 1998 (112 Stat.
Elsewhere ................................. SUPPLEMENTARY INFORMATION: Section
Businesses and Non-profit Orga- 2681, et seq.; 22 U.S.C. 6501 note, et 38(g)(4) of the AECA, 22 U.S.C. 2778,
nizations Without Credit Avail- seq.), Delegation of Authority No. 234 of prohibits licenses and other approvals
able Elsewhere .........................
4.000 October 1, 1999, and Delegation of for the export of defense articles or
Authority No. 236 of October 19, 1999, defense services to be issued to persons,
The number assigned to this disaster as amended, and Delegation of or any party to the export, who have
for physical damage is 10245C and for Authority No. 257 of April 15, 2003 [68 been convicted of violating certain
economic injury is 102460. FR 19875], I hereby determine that the statutes, including the AECA.
(Catalog of Federal Domestic Assistance objects to be included in the exhibition In implementing this section of the
Numbers 59002 and 59008) ‘‘Bellini and the East,’’ imported from AECA, the Assistant Secretary for
abroad for temporary exhibition within Political-Military Affairs is authorized
Herbert L. Mitchell, the United States, are of cultural by Section 127.7 of the ITAR to prohibit
Associate Administrator for Disaster significance. The objects are imported any person who has been convicted of
Assistance. pursuant to a loan agreements with the violating or conspiring to violate the
[FR Doc. 05–22735 Filed 11–15–05; 8:45 am] foreign lenders. I also determine that the AECA from participating directly or
BILLING CODE 8025–01–P exhibition or display of the exhibit indirectly in the export of defense

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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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