In the Matter of: Oben Cabalceta, Inmate Number: 72454-050, FCI Oakdale, Federal Correctional Institution, P.O. Box 5010, Oakdale, LA 71463; Order Denying Export Privileges, 45704-45705 [2021-17457]
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lotter on DSK11XQN23PROD with NOTICES1
45704
Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices
interest at the time of the conviction,
may be revoked. Id.
BIS received notice of Sobrado’s
conviction for violating 18 U.S.C. 371,
and has provided notice and
opportunity for Sobrado to make a
written submission to BIS, as provided
in Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’). 15 CFR 766.25.2 BIS
has not received a written submission
from Sobrado.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Sobrado’s export
privileges under the Regulations for a
period of 10 years from the date of
Sobrado’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Sobrado had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
September 5, 2029, Roger Sobrado, with
a last known address of Inmate Number:
71907–050, USP Lewisburg, U.S.
Penitentiary, P.O. Box 1000, Lewisburg,
PA 17837, and when acting for or on his
behalf, his successors, assigns,
employees, agents or representatives
(‘‘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 engaging
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
from any other activity subject to the
Regulations.
2 The
Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2021).
3 The Director, Office of Export Enforcement, is
now the authorizing official for issuance of denial
orders, pursuant to recent amendments to the
Regulations (85 73411, November 18, 2020).
VerDate Sep<11>2014
17:21 Aug 13, 2021
Jkt 253001
Second, 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.
Third, pursuant to Section 1760(e) of
the Export Control Reform Act (50
U.S.C. 4819(e)) and Sections 766.23 and
766.25 of the Regulations, any other
person, firm, corporation, or business
organization related to Sobrado by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Sobrado 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 comply with the
provisions of Part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Sobrado and shall be
published in the Federal Register.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
Sixth, this Order is effective
immediately and shall remain in effect
until September 5, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–17455 Filed 8–13–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Oben Cabalceta,
Inmate Number: 72454–050, FCI
Oakdale, Federal Correctional
Institution, P.O. Box 5010, Oakdale, LA
71463; Order Denying Export
Privileges
On September 18, 2019, in the U.S.
District Court for the District of New
Jersey, Oben Cabalceta (‘‘Cabalceta’’),
was convicted of violating 18 U.S.C.
371. Specifically, Cabalceta was
convicted of knowingly and
intentionally conspiring and agreeing
with others to export and causing to be
exported ITAR-controlled technical
data, designated as defense articles on
the United States Munitions List, to one
or more foreign nationals, without
having first obtained from the United
States Department of State, a license or
other written approval for such export.
Cabalceta was sentenced to 42 months
in prison, two years of supervised
released, $200 special assessment and
restitution of $1,890,939.
Pursuant to Section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),1
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, 18 U.S.C.
371, may be denied for a period of up
to ten (10) years from the date of his/her
conviction. 50 U.S.C. 4819(e) (Prior
Convictions). In addition, any Bureau of
Industry and Security (BIS) licenses or
other authorizations issued under
ECRA, in which the person had an
interest at the time of the conviction,
may be revoked. Id.
BIS received notice of Cabalceta’s
conviction for violating 18 U.S.C. 371,
and has provided notice and
opportunity for Cabalceta to make a
written submission to BIS, as provided
in Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’). 15 CFR 66.25.2 BIS
1 ECRA was enacted as part of the John S. McCain
National Defense Authorization Act for Fiscal Year
2019, and as amended is codified at 50 U.S.C.
4801–4852. Cabalceta’s conviction post-dates
ECRA’s enactment on August 13, 2018.
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2021).
E:\FR\FM\16AUN1.SGM
16AUN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices
has not received a written submission
from Cabalceta.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Cabalceta’s
export privileges under the Regulations
for a period of 10 years from the date of
Cabalceta’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Cabalceta had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
September 18, 2029, Oben Cabalceta,
with a last known address of Inmate
Number: 72454–050, FCI Oakdale II,
Federal Correctional Institution, P.O.
Box 5010, Oakdale, LA 71463, and
when acting for or on his behalf, his
successors, assigns, employees, agents
or representatives (‘‘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 engaging
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
from any other activity subject to the
Regulations.
Second, 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
3 The
Director, Office of Export Enforcement, is
now the authorizing official for issuance of denial
orders, pursuant to recent amendments to the
Regulations (85 FR 73411, November 18, 2020).
VerDate Sep<11>2014
17:21 Aug 13, 2021
Jkt 253001
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.
Third, pursuant to Section 1760(e) of
the Export Control Reform Act (50
U.S.C. 4819(e)) and Sections 766.23 and
766.25 of the Regulations, any other
person, firm, corporation, or business
organization related to Cabalceta by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Cabalceta 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 comply with the
provisions of Part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Cabalceta and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until September 18, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–17457 Filed 8–13–21; 8:45 am]
BILLING CODE 3510–DT–P
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Fmt 4703
Sfmt 4703
45705
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Armando Antonio
Perez Cepeda, Jr., 1861 NW South
River Drive, Apt 2501, Miami, FL 33128;
Order Denying Export Privileges
On January 10, 2019, in the U.S.
District Court for the Middle District of
Florida, Armando Antonio Perez
Cepeda, Jr. (‘‘Cepeda’’), was convicted of
violating 18 U.S.C. 554. Specifically,
Cepeda was convicted of fraudulently
and knowingly buying, selling, and
facilitating the transportation and sale of
a defense article without a license
contrary to 22 U.S.C. 2278 and 22 CFR
127.1(a)(1), knowing the same to be
intended for exportation, in violation of
18 U.S.C. 554. Cepeda was sentenced to
48 months on probation and a $100
assessment.
Pursuant to Section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),1
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, 18 U.S.C.
554, may be denied for a period of up
to ten (10) years from the date of his/her
conviction. 50 U.S.C. 4819(e) (Prior
Convictions). In addition, any Bureau of
Industry and Security (BIS) licenses or
other authorizations issued under
ECRA, in which the person had an
interest at the time of the conviction,
may be revoked. Id.
BIS received notice of Cepeda’s
conviction for violating 18 U.S.C. 554,
and has provided notice and
opportunity for Cepeda to make a
written submission to BIS, as provided
in Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’). 15 CFR 766.25.2 BIS
has not received a written submission
from Cepeda.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Cepeda’s export
privileges under the Regulations for a
period of three years from the date of
Cepeda’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
1 ECRA was enacted as part of the John S. McCain
National Defense Authorization Act for Fiscal Year
2019, and as amended is codified at 50 U.S.C.
4801–4852. Cepeda’s conviction post-dates ECRA’s
enactment on August 13, 2018.
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2021).
E:\FR\FM\16AUN1.SGM
16AUN1
]]>Agencies
[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45704-45705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17457]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Oben Cabalceta, Inmate Number: 72454-050, FCI
Oakdale, Federal Correctional Institution, P.O. Box 5010, Oakdale, LA
71463; Order Denying Export Privileges
On September 18, 2019, in the U.S. District Court for the District
of New Jersey, Oben Cabalceta (``Cabalceta''), was convicted of
violating 18 U.S.C. 371. Specifically, Cabalceta was convicted of
knowingly and intentionally conspiring and agreeing with others to
export and causing to be exported ITAR-controlled technical data,
designated as defense articles on the United States Munitions List, to
one or more foreign nationals, without having first obtained from the
United States Department of State, a license or other written approval
for such export. Cabalceta was sentenced to 42 months in prison, two
years of supervised released, $200 special assessment and restitution
of $1,890,939.
Pursuant to Section 1760(e) of the Export Control Reform Act
(``ECRA''),\1\ the export privileges of any person who has been
convicted of certain offenses, including, but not limited to, 18 U.S.C.
371, may be denied for a period of up to ten (10) years from the date
of his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). In
addition, any Bureau of Industry and Security (BIS) licenses or other
authorizations issued under ECRA, in which the person had an interest
at the time of the conviction, may be revoked. Id.
---------------------------------------------------------------------------
\1\ ECRA was enacted as part of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019, and as amended is
codified at 50 U.S.C. 4801-4852. Cabalceta's conviction post-dates
ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------
BIS received notice of Cabalceta's conviction for violating 18
U.S.C. 371, and has provided notice and opportunity for Cabalceta to
make a written submission to BIS, as provided in Section 766.25 of the
Export Administration Regulations (``EAR'' or the ``Regulations''). 15
CFR 66.25.\2\ BIS
[[Page 45705]]
has not received a written submission from Cabalceta.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2021).
---------------------------------------------------------------------------
Based upon my review of the record and consultations with BIS's
Office of Exporter Services, including its Director, and the facts
available to BIS, I have decided to deny Cabalceta's export privileges
under the Regulations for a period of 10 years from the date of
Cabalceta's conviction. The Office of Exporter Services has also
decided to revoke any BIS-issued licenses in which Cabalceta had an
interest at the time of his conviction.\3\
---------------------------------------------------------------------------
\3\ The Director, Office of Export Enforcement, is now the
authorizing official for issuance of denial orders, pursuant to
recent amendments to the Regulations (85 FR 73411, November 18,
2020).
---------------------------------------------------------------------------
Accordingly, it is hereby ordered:
First, from the date of this Order until September 18, 2029, Oben
Cabalceta, with a last known address of Inmate Number: 72454-050, FCI
Oakdale II, Federal Correctional Institution, P.O. Box 5010, Oakdale,
LA 71463, and when acting for or on his behalf, his successors,
assigns, employees, agents or representatives (``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 engaging 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 from any other activity subject to the Regulations.
Second, 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.
Third, pursuant to Section 1760(e) of the Export Control Reform Act
(50 U.S.C. 4819(e)) and Sections 766.23 and 766.25 of the Regulations,
any other person, firm, corporation, or business organization related
to Cabalceta by ownership, control, position of responsibility,
affiliation, or other connection in the conduct of trade or business
may also be made subject to the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of the Regulations, Cabalceta
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 comply with the provisions of Part 756
of the Regulations.
Fifth, a copy of this Order shall be delivered to Cabalceta and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until September 18, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-17457 Filed 8-13-21; 8:45 am]
BILLING CODE 3510-DT-P
