[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]


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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.
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    \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.
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    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.
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    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2021).
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    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\
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    \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).
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    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