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Export Violations Net Defense Trade Ban for 168 Individuals

Wednesday, April 25, 2018
Sandler, Travis & Rosenberg Trade Report

Effective April 25 the Department of State has imposed statutory debarment under the International Traffic in Arms Regulations on 168 persons convicted of violating or conspiring to violate Section 38 of the Arms Export Control Act. As a result, these individuals are prohibited from participating directly or indirectly in activities regulated by the ITAR, including any brokering activities and any export from or temporary import into the U.S. of defense articles, technical data, or defense services in all situations covered by the ITAR. In addition, any person who has knowledge that another person is subject to debarment or is otherwise ineligible may not, without disclosure to and written approval from State’s Directorate of Defense Trade Controls, participate directly or indirectly in any ITAR-controlled export in which such ineligible person may benefit or in which they may have a direct or indirect interest.

Exceptions to this debarment determination may be made on a case-by-case basis. However, any such exception would be granted only after a full review of all circumstances, with particular attention to whether an exception is warranted by overriding U.S. foreign policy or national security interests, whether an exception would further law enforcement concerns that are consistent with U.S. foreign policy or national security interests, or whether other compelling circumstances exist that are consistent with U.S. foreign policy or national security interests and that do not conflict with law enforcement concerns. Even if exceptions are granted, the debarment will continue until subsequent reinstatement.

The period for debarment is generally three years from the date of conviction. Export privileges may be reinstated only at the request of the debarred person, which may be submitted no earlier than one year after the date of debarment.

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