[Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
[Notices]
[Pages 31140-31142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14396]



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DEPARTMENT OF COMMERCE
Bureau of Export Administration
[Docket Nos. 3108-01, 3108-02]


Amancio J. Abelairas, et al.; Decision and Order

    In the Matter of: Amancio J. Abelairas, also known as Jesus 
Gonzalez, individually with an address at 6486 S.W. 9th Street, 
Miami, Florida 33144, and doing business as Estrella Del Caribe 
Import and Export Inc., with an address at 5529 S.W. 9th Street, 
Miami, Florida 33144, Respondents.

    On May 17, 1995, the Administrative Law Judge (ALJ) entered his 
Recommended Decision and Order in [[Page 31141]] the above-referenced 
matter. The Recommended Decision and Order, a copy of which is attached 
hereto and made a part hereof, has been referred to me for final 
action. After describing the facts of the case and his findings based 
on those facts, the ALJ found that the respondent had violated Sections 
787.2 and 787.4(a) of the Export Administration Regulations by causing, 
aiding or abetting the export of U.S.-origin microelectronic and 
fingerprint equipment from the United States to Cuba without obtaining 
from the Department of Commerce the validated export license that the 
Respondent knew, or had reason to know, was required by Section 
772.1(b) of the Regulations. The ALJ also found that the appropriate 
penalty for the violations should be that Respondent, Amancio J. 
Abelairas, also known as Jesus Gonzalez, individually and doing 
business as Estrella Del Caribe Import and Export, Inc., and all 
successors, assignees, officers, representatives, agents and employees 
be denied for a period of ten years from this date all privileges of 
participating, directly or indirectly, in any manner or capacity, in 
any transaction in the United States or abroad involving commodities or 
technical data exported or to be exported from the United States and 
subject to the Export Administration Regulations.
    Based on my review of the entire record, I affirm the Recommended 
Decision and Order of the Administrative Law Judge.
    This constitutes final agency action in this matter.

    Dated: June 5, 1995.
William A. Reinsch,
Under Secretary for Export Administration.

Recommended Decision and Order

    On September 21, 1993, the Office of Export Enforcement, Bureau of 
Export Administration, United States Department of Commerce 
(Department), issued a charging letter against Amancio J. Abelairas, 
also known as Jesus Gonzalez, individually, and doing business as 
Esrella del Caribe Import and Export, Inc. (hereinafter collectively 
referred to as Abelairas). The charging letter alleged that Belairas 
committed two violations of the Export Administration Regulations 
(currently codified at 15 C.F.R. Parts 768-799 (1994)) (the 
Regulations),\1\ issued pursuant to the Export Administration Act of 
1979, as amended (currently codified at 50 U.S.C.A. app. Secs. 2401-
2420 (1991, Supp. 1993, and Pub. L. No. 103-277, July 5, 1994)) (the 
Act).\2\

    \1\ The alleged violations occurred during 1988. The Regulations 
governing the violations are found in the 1988 version of the Code 
of Federal Regulations, codified at 15 CFR Parts 368-399 (1988). 
Effective October 1, 1988, the Export Administration Regulations 
were redesignated as 15 CFR Parts 768-799 (53 FR 37751, September 
28, 1988). The transfer merely changed the first number of each Part 
from ``3'' to ``7''. To the degree to which the 1988 version of the 
Regulations pertains to this matter, it is substantially the same as 
the 1994 version.
    \2\ The Act expired on August 20, 1994. Executive Order 12924 
(59 FR 43437, August 23, 1994) continued the Regulations in effect 
under the International Emergency Economic Powers Act (50 U.S.C.A. 
Secs. 1701-1706 (1991)).
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    The charging letter alleged that, on September 30, 1988, Abelairas 
caused, aided or abetted the export of U.S.-origin microelectronic and 
fingerprint identification equipment from the United States to Cuba 
without obtaining from the Department the validated export license 
Abelairas knew or had reason to know was required by Section 772.1(b) 
of the Regulations. Accordingly, the Department charged that Abelairas 
violated Section 787.2 and Section 787.4(a) of the Regulations, for a 
total of two violations.
    Upon receiving the Department's charging letter, Abelairas sent a 
letter indicating why he believed that he had not violated the 
Regulations. However, that letter did not constitute an ``answer'' to 
the charging letter in accordance with the requirements of Section 
788.7 of the Regulations governing answers to charging letters. After 
Abelairas failed to perfect his filing, the Department, on May 3, 1995, 
filed supporting evidence for a default judgment against Abelairas.
    On the basis of the Department's submission and all of the 
supporting evidence presented, I have determined that Abelairas 
violated Sections 787.2 and 787.4(a) of the Export Administration 
Regulations by causing, aiding or abetting the export of U.S.-origin 
microelectronic and fingerprint equipment from the United States to 
Cuba without obtaining from the Department the validated export license 
Abelairas knew or had reason to know was required by Section 772.1(b) 
of the Regulations.
    For those violations, the Department urged as a sanction that 
Abelairas's export privileges be denied for 10 years. In light of the 
nature of the violations, I concur in the Department's recommendation.
    Accordingly, it is therefore ordered,
    First, that all outstanding individual validated licenses in which 
Amancio Abelairas, also known as Jesus Gonzalez, individually with an 
address at 6486 S.W. 9th Street, Miami, Florida 33144, and doing 
business as Estrella del Caribe Import and Export, Inc., with an 
address at 5529 S.W. 8th Street, Miami, Florida 33144, appears or 
participates, in any manner or capacity, are hereby revoked and shall 
be returned forthwith to the Office of Exporter Services for 
cancellation. Further, all of Abelairas's privileges of participating, 
in any manner or capacity, in any special licensing procedure, 
including, but not limited to, distribution licenses, are hereby 
revoked.
    Second, that Amancio Abelairas, also known as Jesus Gonzales, 
individually with an address at 6486 S.W. 9th Street, Miami, Florida 
33144, and doing business as Estrella del Caribe Import and Export, 
Inc., with an address at 5529 S.W. 8th Street, Miami, Florida 33144 
(collectively referred to as Abelairas), and all successors, assigns, 
officers, representatives, agents, and employees, shall, for a period 
of 10 years from the date of final agency action, be denied all 
privileges of participating, directly or indirectly, in any manner or 
capacity, in any transaction in the United States or abroad involving 
any commodity or technical data exported or to be exported from the 
United States, and subject to the Regulations.
    A. Without limiting the generality of the foregoing, participation, 
either in the United States or abroad, shall include participation, 
directly or indirectly, in any manner or capacity: (i) As a party or as 
a representative of a party to any export license application submitted 
to the Department; (ii) in preparing or filing with the Department any 
export license application or request for reexport authorization, or 
any document to be submitted therewith; (iii) in obtaining from the 
Department or using any validated or general export license, reexport 
authorization, or other export control document; (iv) in carrying on 
negotiations with respect to, or in receiving, ordering, buying, 
selling, delivering, storing, using, or disposing of, in whole or in 
part, any commodities or technical data exported or to be exported from 
the United States and subject to the Regulations; and (v) in financing, 
forwarding, transporting, or other servicing of such commodities or 
technical data.
    B. After notice and opportunity for comment as provided in Section 
788.3(c) of the Regulations, any person, firm, corporation, or business 
organization related to Abelairas 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. [[Page 31142]] 
    C. As provided by Section 787.12(a) of the Regulations, without 
prior disclosure of the facts to and specific authorization of the 
Office of Exporter Services, in consultation with the Office of Export 
Enforcement, no person may directly or indirectly, in any manner or 
capacity: (i) Apply for, obtain, or use any license, Shipper's Export 
Declaration, bill of lading, or other export control document relating 
to an export or reexport of commodities or technical data by, to, or 
for another person then subject to an order revoking or denying his 
export privileges or then excluded from practice before the Bureau of 
Export Administration; or (ii) order, buy, receive, use, sell, deliver, 
store, dispose of, forward, transport, finance, or otherwise service or 
participate: (a) in any transaction which may involve any commodity or 
technical data exported or to be exported from the United States; (b) 
in any reexport thereof; or (c) in any other transaction which is 
subject to the Export Administration Regulations, if the person denied 
export privileges may obtain any benefit or have any interest in, 
directly or indirectly, any of these transactions.
    Third, that a copy of this Order shall be served on Abelairas and 
on the Department.
    Fourth, that this Order, as affirmed or modified, shall become 
effective upon entry of the final action by the Under Secretary for 
Export Administration, in accordance with the Act (50 U.S.C.A. app. 
Sec. 2412(c)(1)) and the Regulations (15 CFR 788.23).
Edward J. Kuhlmann,
Administrative Law Judge.

    Entered this 17th day of May, 1995.

    To be considered in the 30 day statutory review process which is 
mandated by Section 13(c) of the Act, submissions must be received 
in the Office of the Under Secretary for Export Administration, U.S. 
Department of Commerce, 14th and Constitution Ave., N.W., Room 
3898B, Washington, D.C., 20230, within 12 days. Replies to the other 
party's submission are to be made within the following 8 days. 15 
CFR 788.23(b), 50 FR 53134 (1985). Pursuant to Section 13 (c)(3) of 
the Act, the order of the final order of the Under Secretary may be 
appealed to the U.S. Court of Appeals for the District of Columbia 
within 15 days of its issuance.

[FR Doc. 95-14396 Filed 6-12-95; 8:45 am]
BILLING CODE 3510-DT-M