Order Denying Export Privileges, 37520-37521 [2013-14836]
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Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Notices
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Placido Molina, Jr., Inmate
Number #90986–279, USP Pollock, U.S.
Penitentiary, P.O. Box 2099, Pollock, LA
71467.
TKELLEY on DSK3SPTVN1PROD with NOTICES
On March 2, 2012, in the U.S. District
Court, Southern District of Texas,
Placido Molina, Jr. (‘‘Molina’’) was
convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C.
2778 (2006 & Supp. IV 2010)) (‘‘AECA’’).
Specifically, Molina was convicted of
knowingly and willfully attempting to
export and causing to be exported from
the United States to Mexico two AK47
semi-automatic rifles which were
designated as defense articles on the
United States Munitions List, without
having first obtained from the
Department of State a license for such
export or written authorization for such
export. Molina was sentenced to 46
months of imprisonment and three years
of supervised release, and fined a $100
assessment. Molina is also listed on the
U.S. Department of State Debarred List.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
‘‘Regulations’’) 1 provides, in pertinent
part, that ‘‘[t]he Director of the Office of
Exporter Services, in consultation with
the Director of the Office of Export
Enforcement, may deny the export
privileges of any person who has been
convicted of a violation of the Export
Administration Act (‘‘EAA’’), the EAR,
or any order, license or authorization
issued thereunder; any regulation,
license, or order issued under the
International Emergency Economic
Powers Act (50 U.S.C. 1701–1706); 18
U.S.C. 793, 794 or 798; section 4(b) of
the Internal Security Act of 1950 (50
U.S.C. 783(b)), or section 38 of the Arms
Export Control Act (22 U.S.C. 2778).’’ 15
CFR 766.25(a); see also Section 11(h) of
the EAA, 50 U.S.C. app. 2410(h). The
denial of export privileges under this
provision may be for a period of up to
10 years from the date of the conviction.
15 CFR 766.25(d); see also 50 U.S.C.
app. 2410(h). In addition, Section 750.8
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2013). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. app. 2401–
2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the
EAA has been in lapse and the President, through
Executive Order 13222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), which has been extended
by successive Presidential Notices, the most recent
being that of August 15, 2012 (77 FR 49699 (August
16, 2012)), has continued the Regulations in effect
under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
IV 2010)).
VerDate Mar<15>2010
18:32 Jun 20, 2013
Jkt 229001
of the Regulations states that the Bureau
of Industry and Security’s Office of
Exporter Services may revoke any
Bureau of Industry and Security (‘‘BIS’’)
licenses previously issued in which the
person had an interest in at the time of
his conviction.
I have received notice of Molina’s
conviction for violating the AECA, and
have provided notice and an
opportunity for Molina to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations. I
have not received a submission from
Molina. Based upon my review and
consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
I have decided to deny Molina’s export
privileges under the Regulations for a
period of 10 years from the date of
Molina’s conviction. I have also decided
to revoke all licenses issued pursuant to
the Act or Regulations in which Molina
had an interest at the time of his
conviction.
Accordingly, it is hereby
Ordered
I. Until March 2, 2022, Placido
Molina, Jr., with a last known address
at: Inmate Number #90986–279, USP
Pollock, U.S. Penitentiary, P.O. Box
2099, Pollock, LA 71467, and when
acting for or on behalf of Molina, his
representatives, assigns, agents or
employees (the ‘‘Denied Person’’), may
not, directly or indirectly, participate in
any way in any transaction involving
any commodity, software or technology
(hereinafter collectively referred to as
‘‘item’’) exported or to be exported from
the United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or in any
other activity subject to the Regulations;
or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
II. No person may, directly or
indirectly, do any of the following:
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Fmt 4703
Sfmt 4703
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
III. After notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Molina by
affiliation, ownership, control or
position of responsibility in the conduct
of trade or related services may also be
subject to the provisions of this Order if
necessary to prevent evasion of the
Order.
IV. This Order does not prohibit any
export, reexport, or other transaction
subject to the Regulations where the
only items involved that are subject to
the Regulations are the foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until March
2, 2022.
VI. In accordance with Part 756 of the
Regulations, Molina may file an appeal
of this Order with the Under Secretary
of Commerce for Industry and Security.
The appeal must be filed within 45 days
from the date of this Order and must
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Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Notices
comply with the provisions of Part 756
of the Regulations.
VII. A copy of this Order shall be
delivered to the Molina. This Order
shall be published in the Federal
Register.
Issued this 17th day of June 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013–14836 Filed 6–20–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
RIN: 0693–XC014
[Docket No. 130212127–3550–02]
Proposed Establishment of a Federally
Funded Research and Development
Center—Second Notice
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice.
AGENCY:
The National Institute of
Standards and Technology (NIST),
Department of Commerce, intends to
sponsor a Federally Funded Research
and Development Center (FFRDC) to
facilitate public-private collaboration for
accelerating the widespread adoption of
integrated cybersecurity tools and
technologies. This is the second of three
notices which must be published over a
90-day period in order to advise the
public of the agency’s intention to
sponsor an FFRDC.
DATES: Written comments must be
received by 5:00 p.m. Eastern time on
July 22, 2013.
ADDRESSES: Comments on this notice
must be submitted to Keith Bubar either
electronically at keith.bubar@nist.gov,
or at: Keith Bubar, NIST, 100 Bureau
Drive Mail Stop 1640, Gaithersburg, MD
20899–1640.
FOR FURTHER INFORMATION CONTACT:
Keith Bubar via email at
Keith.Bubar@nist.gov or telephone
301.975.8329. Or Keith Bubar, NIST,
100 Bureau Drive Mail Stop 1640,
Gaithersburg, MD 20899–1640.
SUPPLEMENTARY INFORMATION: The
National Cybersecurity Center of
Excellence (NCCoE), hosted by NIST, is
a public-private collaboration for
accelerating the widespread adoption of
integrated cybersecurity tools and
technologies. The NCCoE will bring
together experts from industry,
government and academia under one
roof to develop practical, interoperable
TKELLEY on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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18:32 Jun 20, 2013
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cybersecurity approaches that address
the real world needs of complex
Information Technology (IT) systems.
By accelerating dissemination and use
of these integrated tools and
technologies for protecting IT assets, the
NCCoE will enhance trust in U.S. IT
communications, data, and storage
systems, lower risk for companies and
individuals in the use of IT systems, and
encourage development of innovative,
job-creating cybersecurity products and
services.
NIST has identified the need to
support the NCCoE’s mission through
the establishment of an FFRDC. In
evaluating the need for the FFRDC,
NIST determined that no existing
FFRDC or contract vehicles provide the
scope of services NIST requires. The
proposed NCCoE FFRDC will have three
primary purposes: (1) Research,
Development, Engineering and
Technical support; (2) Program/Project
Management, to include but not limited
to expert advice and guidance in the
areas of program and project
management focused on increasing the
effectiveness and efficiency of
cybersecurity applications, prototyping,
demonstrations, and technical activities;
and (3) Facilities Management. The
proposed NCCoE FFRDC may also be
utilized by non-sponsors.
The FFRDC will be established under
the authority of 48 CFR 35.017.
The NCCoE FFRDC Contractor will be
available to provide a wide range of
support including, but not limited to:
• Research, Development, Engineering
and Technical Support:
Æ Establish relationships with private
sector organizations to use private
sector resources to accomplish tasks
that are integral to the operations
and mission of the NCCoE.
Æ Research and develop frameworks
and implementation strategies for
inducing industry to invest in and
expedite adoption of effective
cybersecurity controls and
mechanisms on an enterprise-wide
scale; and in collaboration with
Federal and local governments,
deliver planning and
documentation support needed to
transfer technologies developed by
Federal cybersecurity organizations
and the NCCoE to production,
integration, economic development,
and operational implementation
entities.
Æ Provide systems engineering
support to NCCoE programs and
proposed security platform
development, selection, and
implementation. This will include
NCCoE infrastructure, project
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37521
planning, project implementation,
and technology transfer
components of the NCCoE’s efforts
to accelerate adoption of robust
cybersecurity technologies in the
government and private sectors.
Æ Generate technical expertise to
create a relevant cybersecurity
workforce in coordination with the
NCCoE staff and in close
collaboration with the National
Initiative for Cybersecurity
Education and with Federal
government, university, and
industry participants and
collaborators in NCCoE activities.
Æ Deliver strategies and plans for
applying cybersecurity standards,
guidelines, and best practice
inducements and capabilities to
both government and private
sectors.
• Program/Project Management:
Æ Work within the purpose, mission,
general scope, or competency as
assigned by the sponsoring agency.
Æ Develop and maintain in-depth
institutional knowledge of NCCoE
programs and operations in order to
maintain continuity in the field of
cybersecurity and to maintain a
high degree of competence,
objectivity, and independence in
order to respond effectively to the
emerging cybersecurity needs of the
Nation.
• Facilities Management:
Æ In coordination with NCCoE staff,
and in collaboration with the State
of Maryland and Montgomery
County, Maryland, manage physical
and logical collaborative facilities to
support the acceleration and
adoption of robust cybersecurity
technologies in the government and
private sectors. The activity
includes staff support for
information technology operations,
custodial functions, physical access
management, and maintenance
operations.
The FFRDC will partner with the
sponsoring agency in the design and
pursuit of mission goals; provide rapid
responsiveness to changing
requirements for personnel in all
aspects of strategic, technical and
program management; recognize
Government objectives as its own
objectives, partner in pursuit of
excellence in public service; and allow
for use of the FFRDC by non-sponsors.
We are publishing this notice in
accordance with 48 CFR 5.205(b) of the
Federal Acquisition Regulations (FAR),
to enable interested members of the
public to provide comments on this
proposed action. This is the second of
E:\FR\FM\21JNN1.SGM
21JNN1
]]>Agencies
[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Notices]
[Pages 37520-37521]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14836]
[[Page 37520]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Placido Molina, Jr., Inmate Number
90986-279, USP Pollock, U.S. Penitentiary, P.O. Box 2099,
Pollock, LA 71467.
On March 2, 2012, in the U.S. District Court, Southern District of
Texas, Placido Molina, Jr. (``Molina'') was convicted of violating
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp.
IV 2010)) (``AECA''). Specifically, Molina was convicted of knowingly
and willfully attempting to export and causing to be exported from the
United States to Mexico two AK47 semi-automatic rifles which were
designated as defense articles on the United States Munitions List,
without having first obtained from the Department of State a license
for such export or written authorization for such export. Molina was
sentenced to 46 months of imprisonment and three years of supervised
release, and fined a $100 assessment. Molina is also listed on the U.S.
Department of State Debarred List.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director
of the Office of Exporter Services, in consultation with the Director
of the Office of Export Enforcement, may deny the export privileges of
any person who has been convicted of a violation of the Export
Administration Act (``EAA''), the EAR, or any order, license or
authorization issued thereunder; any regulation, license, or order
issued under the International Emergency Economic Powers Act (50 U.S.C.
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms
Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also
Section 11(h) of the EAA, 50 U.S.C. app. 2410(h). The denial of export
privileges under this provision may be for a period of up to 10 years
from the date of the conviction. 15 CFR 766.25(d); see also 50 U.S.C.
app. 2410(h). In addition, Section 750.8 of the Regulations states that
the Bureau of Industry and Security's Office of Exporter Services may
revoke any Bureau of Industry and Security (``BIS'') licenses
previously issued in which the person had an interest in at the time of
his conviction.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2013). The Regulations
issued pursuant to the Export Administration Act (50 U.S.C. app.
2401-2420 (2000)) (``EAA''). Since August 21, 2001, the EAA has been
in lapse and the President, through Executive Order 13222 of August
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended by
successive Presidential Notices, the most recent being that of
August 15, 2012 (77 FR 49699 (August 16, 2012)), has continued the
Regulations in effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)).
---------------------------------------------------------------------------
I have received notice of Molina's conviction for violating the
AECA, and have provided notice and an opportunity for Molina to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from Molina. Based upon
my review and consultations with BIS's Office of Export Enforcement,
including its Director, and the facts available to BIS, I have decided
to deny Molina's export privileges under the Regulations for a period
of 10 years from the date of Molina's conviction. I have also decided
to revoke all licenses issued pursuant to the Act or Regulations in
which Molina had an interest at the time of his conviction.
Accordingly, it is hereby
Ordered
I. Until March 2, 2022, Placido Molina, Jr., with a last known
address at: Inmate Number 90986-279, USP Pollock, U.S.
Penitentiary, P.O. Box 2099, Pollock, LA 71467, and when acting for or
on behalf of Molina, his representatives, assigns, agents or employees
(the ``Denied Person''), may not, directly or indirectly, participate
in any way in any transaction involving any commodity, software or
technology (hereinafter collectively referred to as ``item'') exported
or to be exported from the United States that is subject to the
Regulations, including, but not limited to:
A. Applying for, obtaining, or using any license, License
Exception, or export control document;
B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the Regulations, or in any other
activity subject to the Regulations; or
C. Benefitting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the Regulations, or in any other activity subject to the Regulations.
II. No person may, directly or indirectly, do any of the following:
A. Export or reexport to or on behalf of the Denied Person any item
subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Denied Person of the ownership, possession, or
control of any item subject to the Regulations that has been or will be
exported from the United States, including financing or other support
activities related to a transaction whereby the Denied Person acquires
or attempts to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the Denied Person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from the Denied Person in the United States any item
subject to the Regulations with knowledge or reason to know that the
item will be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the
Regulations that has been or will be exported from the United States
and which is owned, possessed or controlled by the Denied Person, or
service any item, of whatever origin, that is owned, possessed or
controlled by the Denied Person if such service involves the use of any
item subject to the Regulations that has been or will be exported from
the United States. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification or testing.
III. After notice and opportunity for comment as provided in
Section 766.23 of the Regulations, any other person, firm, corporation,
or business organization related to Molina by affiliation, ownership,
control or position of responsibility in the conduct of trade or
related services may also be subject to the provisions of this Order if
necessary to prevent evasion of the Order.
IV. This Order does not prohibit any export, reexport, or other
transaction subject to the Regulations where the only items involved
that are subject to the Regulations are the foreign-produced direct
product of U.S.-origin technology.
V. This Order is effective immediately and shall remain in effect
until March 2, 2022.
VI. In accordance with Part 756 of the Regulations, Molina may file
an appeal of this Order with the Under Secretary of Commerce for
Industry and Security. The appeal must be filed within 45 days from the
date of this Order and must
[[Page 37521]]
comply with the provisions of Part 756 of the Regulations.
VII. A copy of this Order shall be delivered to the Molina. This
Order shall be published in the Federal Register.
Issued this 17th day of June 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-14836 Filed 6-20-13; 8:45 am]
BILLING CODE P
