[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
