Debarment

Debarment: Resolution of Export Control Violations in 2013

United States views on international law [1] in relation to Debarment: Resolution of Export Control Violations: On February 5, 2013, the State Department published in the Federal Register a list of 22 persons subject to statutory debarment under the AECA and ITAR. 78 Fed. Reg. 8218 (Feb. 5, 2013). On November 7, 2013, the State Department published in the Federal Register a list of 37 persons subject to statutory debarment under the AECA and ITAR. 78 Fed. Reg. 66,984 (Nov. 7, 2013). Section 127.7(c) of ITAR subjects persons convicted of violating, or conspiring to violate, section 38 of the AECA to statutory debarment. Persons subject to statutory debarment are prohibited from participating directly or indirectly in the export of defense articles or the furnishing of defense services, for which a license is required. Statutory debarment is based on conviction in a criminal proceeding, conducted by a United States Court. The Federal Register notice identifies for each debarred individual the court in which the criminal proceeding occurred as well as other identifying information. Debarment is for an initial three-year period, after which the identified persons/entities remain debarred unless export privileges are reinstated.

Some Aspects of Debarment: Resolution of Export Control Violations

On November 27, 2013, the State Department announced the administrative debarment of LeAnne Lesmeister, a former employee of Honeywell International, in a media note available at (Secretary of State website) state.gov/t/pm/rls/prsrl/2013/218216. As explained in the media note, Honeywell had voluntarily disclosed ITAR violations carried out by Lesmeister, its former senior export compliance officer in its Clearwater, Florida site, between 2008 and 2012. Lesmeister fabricated various export control documents on which Honeywell relied, resulting in the export of defense articles, technical data, and defense services without State Department approval. The Department initiated an administrative proceeding before an Administrative Law Judge relating to the violations. The former Honeywell employee failed to answer the formal charges, resulting in the administrative debarment. The debarment is for three years after which an application for reinstatement may be submitted. No civil penalties were assessed. Notice of the debarment was published in the Federal Register on December 3, 2013. 78 Fed. Reg. 72,745 (Dec. 3, 2013).

Resources

Notes

1. Debarment: Resolution of Export Control Violations in the Digest of United States Practice in International Law