45704 Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2021). 

3The 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). 

1ECRA 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. 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2021). 

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. 

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. 

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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 45705 

3The 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). 

1ECRA 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. 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2021). 

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 

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 

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 


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