82_FR_1694 82 FR 1690 - In the Matter of: Robert Luba, Inmate Number: 65986-050, USP Canaan, U.S. Penitentiary, Satellite Camp, P.O. Box 200, Waymart, PA 18472; Order Denying Export Privileges

82 FR 1690 - In the Matter of: Robert Luba, Inmate Number: 65986-050, USP Canaan, U.S. Penitentiary, Satellite Camp, P.O. Box 200, Waymart, PA 18472; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 4 (January 6, 2017)

Page Range1690-1691
FR Document2017-00007

Federal Register, Volume 82 Issue 4 (Friday, January 6, 2017) 
[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1690-1691]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00007]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Robert Luba, Inmate Number: 65986-050, USP 
Canaan, U.S. Penitentiary, Satellite Camp, P.O. Box 200, Waymart, PA 
18472; Order Denying Export Privileges

    On April 25, 2016, in the U.S. District Court for the District of 
New Jersey, Robert Luba (``Luba''), was convicted of violating Section 
38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). 
Specifically, Luba knowingly and willfully exported and caused to be 
exported from the United States to India a defense article, that is, 
the technical drawing for the NSSN Class Submarine, Torpedo Tube, Open 
Breech Door, Gagging Collar A, Drawing Number 7072856, which was 
designated as a defense article on the United States Munitions List, 
without having first obtained from the Department of State a license 
for such export or written authorization for such export. Luba was 
sentenced six months in prison, three years of supervised release, 
$173,736.67 in restituition, and a $200 assessment.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director 
of the Office of Exporter Services, in consultation with the Director 
of the Office of Export Enforcement, may deny the export privileges of 
any person who has been convicted of a violation of the Export 
Administration Act (``EAA''), the EAR, or any order, license or 
authorization

[[Page 1691]]

issued thereunder; any regulation, license, or order issued under the 
International Emergency Economic Powers Act (50 U.S.C. 1701-1706); 18 
U.S.C. 793, 794 or 798; section 4(b) of the Internal Security Act of 
1950 (50 U.S.C. 783(b)), or section 38 of the Arms Export Control Act 
(22 U.S.C. 2778).'' 15 CFR 766.25(a); see also Section 11(h) of the 
EAA, 50 U.S.C. 4610(h). The denial of export privileges under this 
provision may be for a period of up to 10 years from the date of the 
conviction. 15 CFR 766.25(d); see also 50 U.S.C. 4610(h). In addition, 
Section 750.8 of the Regulations states that the Bureau of Industry and 
Security's Office of Exporter Services may revoke any Bureau of 
Industry and Security (``BIS'') licenses previously issued in which the 
person had an interest in at the time of his conviction.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2016). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. 4601-
4623 (Supp. III 2015) (available at http://uscode.house.gov)). Since 
August 21, 2001, the Act has been in lapse and the President, 
through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 
783 (2002)), which has been extended by successive Presidential 
Notices, the most recent being that of August 4, 2016 (81 FR 52587 
(Aug. 8, 2016)), has continued the Regulations in effect under the 
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. 
(2006 & Supp. IV 2010)).
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    BIS has received notice of Luba's conviction for violating the 
AECA, and has provided notice and an opportunity for Luba to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Luba.
    Based upon my review and consultations with BIS's Office of Export 
Enforcement, including its Director, and the facts available to BIS, I 
have decided to deny Luba's export privileges under the Regulations for 
a period of 10 years from the date of Luba's conviction. I have also 
decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Luba had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until April 25, 2026, Robert 
Luba, with a last known address of Inmate Number: 65986-050, USP 
Canaan, U.S. Penitentiary, Satellite Camp, P.O. Box 200, Waymart, PA 
18472, 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 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 in 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, after notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to Luba 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, Luba 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 the Luba. This 
Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until April 25, 2026.

    Dated: December 29, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-00007 Filed 1-5-17; 8:45 am]
 BILLING CODE P

1690 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices U.S.C. 783(b)), or section 38 of the Arms C. Benefitting in any way from any Fifth, a copy of this Order shall be Export Control Act (22 U.S.C. 2778).’’ 15 transaction involving any item exported delivered to the Delgado. This Order CFR 766.25(a); see also Section 11(h) of or to be exported from the United States shall be published in the Federal the EAA, 50 U.S.C. 4610(h). The denial that is subject to the Regulations, or in Register. of export privileges under this provision any other activity subject to the Sixth, this Order is effective may be for a period of up to 10 years Regulations. immediately and shall remain in effect from the date of the conviction. 15 CFR Second, no person may, directly or until November 4, 2024. 766.25(d); see also 50 U.S.C. 4610(h). In indirectly, do any of the following: Issued this 29th day of December, 2016. addition, Section 750.8 of the A. Export or reexport to or on behalf Karen H. Nies-Vogel, Regulations states that the Bureau of of the Denied Person any item subject to Director, Office of Exporter Services. Industry and Security’s Office of the Regulations; B. Take any action that facilitates the [FR Doc. 2017–00015 Filed 1–5–17; 8:45 am] Exporter Services may revoke any Bureau of Industry and Security (‘‘BIS’’) acquisition or attempted acquisition by BILLING CODE P licenses previously issued in which the the Denied Person of the ownership, person had an interest in at the time of possession, or control of any item subject to the Regulations that has been DEPARTMENT OF COMMERCE his conviction. BIS has received notice of Delgado’s or will be exported from the United Bureau of Industry and Security conviction for violating the AECA, and States, including financing or other has provided notice and an opportunity support activities related to a In the Matter of: Robert Luba, Inmate for Delgado to make a written transaction whereby the Denied Person Number: 65986–050, USP Canaan, U.S. submission to BIS, as provided in acquires or attempts to acquire such Penitentiary, Satellite Camp, P.O. Box Section 766.25 of the Regulations. BIS ownership, possession or control; 200, Waymart, PA 18472; Order C. Take any action to acquire from or Denying Export Privileges has received a submission from to facilitate the acquisition or attempted Delgado. On April 25, 2016, in the U.S. District acquisition from the Denied Person of Based upon my review and any item subject to the Regulations that Court for the District of New Jersey, consultations with BIS’s Office of has been exported from the United Robert Luba (‘‘Luba’’), was convicted of Export Enforcement, including its States; violating Section 38 of the Arms Export Director, and the facts available to BIS, D. Obtain from the Denied Person in Control Act (22 U.S.C. 2778 (2012)) I have decided to deny Delgado’s export the United States any item subject to the (‘‘AECA’’). Specifically, Luba knowingly privileges under the Regulations for a Regulations with knowledge or reason and willfully exported and caused to be period of 10 years from the date of to know that the item will be, or is exported from the United States to India Delgado’s conviction. I have also intended to be, exported from the a defense article, that is, the technical decided to revoke all licenses issued United States; or drawing for the NSSN Class Submarine, pursuant to the Act or Regulations in E. Engage in any transaction to service Torpedo Tube, Open Breech Door, which Delgado had an interest at the any item subject to the Regulations that Gagging Collar A, Drawing Number time of his conviction. has been or will be exported from the 7072856, which was designated as a Accordingly, it is hereby ordered: United States and which is owned, defense article on the United States First, from the date of this Order until possessed or controlled by the Denied Munitions List, without having first November 4, 2024, Dane Francisco Person, or service any item, of whatever obtained from the Department of State a Delgado, with a last known address of origin, that is owned, possessed or license for such export or written Inmate Number: 60114–379, Eden, controlled by the Denied Person if such authorization for such export. Luba was Correctional Institution, P.O. Box 605, service involves the use of any item sentenced six months in prison, three Eden, TX 76837, and when acting for or subject to the Regulations that has been years of supervised release, $173,736.67 on his behalf, his successors, assigns, or will be exported from the United in restituition, and a $200 assessment. employees, agents or representatives States. For purposes of this paragraph, Section 766.25 of the Export (the ‘‘Denied Person’’), may not, directly servicing means installation, Administration Regulations (‘‘EAR’’ or or indirectly, participate in any way in maintenance, repair, modification or ‘‘Regulations’’) 1 provides, in pertinent any transaction involving any testing. part, that ‘‘[t]he Director of the Office of commodity, software or technology Third, after notice and opportunity for Exporter Services, in consultation with (hereinafter collectively referred to as comment as provided in Section 766.23 the Director of the Office of Export ‘‘item’’) exported or to be exported from of the Regulations, any other person, Enforcement, may deny the export the United States that is subject to the firm, corporation, or business privileges of any person who has been Regulations, including, but not limited organization related to Delgado by convicted of a violation of the Export to: ownership, control, position of Administration Act (‘‘EAA’’), the EAR, A. Applying for, obtaining, or using responsibility, affiliation, or other or any order, license or authorization any license, License Exception, or connection in the conduct of trade or 1 The Regulations are currently codified in the export control document; business may also be made subject to Code of Federal Regulations at 15 CFR parts 730– B. Carrying on negotiations the provisions of this Order in order to 774 (2016). The Regulations issued pursuant to the concerning, or ordering, buying, prevent evasion of this Order. Export Administration Act (50 U.S.C. 4601–4623 receiving, using, selling, delivering, Fourth, in accordance with Part 756 of (Supp. III 2015) (available at http:// storing, disposing of, forwarding, the Regulations, Delgado may file an uscode.house.gov)). Since August 21, 2001, the Act sradovich on DSK3GMQ082PROD with NOTICES has been in lapse and the President, through transporting, financing, or otherwise appeal of this Order with the Under Executive Order 13222 of August 17, 2001 (3 CFR, servicing in any way, any transaction Secretary of Commerce for Industry and 2001 Comp. 783 (2002)), which has been extended involving any item exported or to be Security. The appeal must be filed by successive Presidential Notices, the most recent exported from the United States that is within 45 days from the date of this being that of August 4, 2016 (81 FR 52587 (Aug. 8, 2016)), has continued the Regulations in effect subject to the Regulations, or in any Order and must comply with the under the International Emergency Economic other activity subject to the Regulations; provisions of Part 756 of the Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. or Regulations. IV 2010)). VerDate Sep<11>2014 18:06 Jan 05, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1

Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices 1691 issued thereunder; any regulation, involving any item exported or to be The appeal must be filed within 45 days license, or order issued under the exported from the United States that is from the date of this Order and must International Emergency Economic subject to the Regulations, or in any comply with the provisions of Part 756 Powers Act (50 U.S.C. 1701–1706); 18 other activity subject to the Regulations; of the Regulations. U.S.C. 793, 794 or 798; section 4(b) of or Fifth, a copy of this Order shall be the Internal Security Act of 1950 (50 C. Benefitting in any way from any delivered to the Luba. This Order shall U.S.C. 783(b)), or section 38 of the Arms transaction involving any item exported be published in the Federal Register. Export Control Act (22 U.S.C. 2778).’’ 15 or to be exported from the United States Sixth, this Order is effective CFR 766.25(a); see also Section 11(h) of that is subject to the Regulations, or in immediately and shall remain in effect the EAA, 50 U.S.C. 4610(h). The denial any other activity subject to the until April 25, 2026. of export privileges under this provision Regulations. Dated: December 29, 2016. may be for a period of up to 10 years Second, no person may, directly or Karen H. Nies-Vogel, from the date of the conviction. 15 CFR indirectly, do any of the following: Director, Office of Exporter Services. 766.25(d); see also 50 U.S.C. 4610(h). In A. Export or reexport to or on behalf [FR Doc. 2017–00007 Filed 1–5–17; 8:45 am] addition, Section 750.8 of the of the Denied Person any item subject to the Regulations; BILLING CODE P Regulations states that the Bureau of Industry and Security’s Office of B. Take any action that facilitates the Exporter Services may revoke any acquisition or attempted acquisition by the Denied Person of the ownership, DEPARTMENT OF COMMERCE Bureau of Industry and Security (‘‘BIS’’) licenses previously issued in which the possession, or control of any item Bureau of Industry and Security person had an interest in at the time of subject to the Regulations that has been his conviction. or will be exported from the United In the Matter of: Kamran Ashfaq Malik, BIS has received notice of Luba’s States, including financing or other Inmate Number: 57841–037, FCI Fort conviction for violating the AECA, and support activities related to a Dix, Federal Correctional Institution, has provided notice and an opportunity transaction whereby the Denied Person P.O. Box 2000, Joint Base MDL, NJ for Luba to make a written submission acquires or attempts to acquire such 08640; Order Denying Export to BIS, as provided in Section 766.25 of ownership, possession or control; Privileges the Regulations. BIS has not received a C. Take any action to acquire from or submission from Luba. to facilitate the acquisition or attempted On June 29, 2015, in the U.S. District Based upon my review and acquisition from the Denied Person of Court for the District of Maryland, consultations with BIS’s Office of any item subject to the Regulations that Kamran Ashfaq Malik (‘‘Malik’’), was Export Enforcement, including its has been exported from the United convicted of violating Section 38 of the Director, and the facts available to BIS, States; Arms Export Control Act (22 U.S.C. I have decided to deny Luba’s export D. Obtain from the Denied Person in 2778 (2012)) (‘‘AECA’’). Specifically, privileges under the Regulations for a the United States any item subject to the Malik knowingly and willfully exported period of 10 years from the date of Regulations with knowledge or reason and caused the exportation of firearm Luba’s conviction. I have also decided to know that the item will be, or is parts and accessories designated as to revoke all licenses issued pursuant to intended to be, exported from the defense articles in Category I of the the Act or Regulations in which Luba United States; or United States Munitions List, to wit: A had an interest at the time of his E. Engage in any transaction to service .223 caliber rifle lower receiver, a .334 conviction. any item subject to the Regulations that caliber rifle lower receiver, two .223 Accordingly, it is hereby ordered: has been or will be exported from the caliber rifle bolt carriers, and two .223 First, from the date of this Order until United States and which is owned, 10 round magazines, from the United April 25, 2026, Robert Luba, with a last possessed or controlled by the Denied States and destined for Pakistan without known address of Inmate Number: Person, or service any item, of whatever having first obtained the required 65986–050, USP Canaan, U.S. origin, that is owned, possessed or licenses or authorizations from the Penitentiary, Satellite Camp, P.O. Box controlled by the Denied Person if such Department of State. Malik was 200, Waymart, PA 18472, and when service involves the use of any item sentenced to 24 months in prison, three acting for or on his behalf, his subject to the Regulations that has been years of supervised release, and a $100 successors, assigns, employees, agents or will be exported from the United assessment. or representatives (the ‘‘Denied States. For purposes of this paragraph, Section 766.25 of the Export Person’’), may not, directly or indirectly, servicing means installation, Administration Regulations (‘‘EAR’’ or participate in any way in any maintenance, repair, modification or ‘‘Regulations’’) 1 provides, in pertinent transaction involving any commodity, testing. part, that ‘‘[t]he Director of the Office of software or technology (hereinafter Third, after notice and opportunity for Exporter Services, in consultation with collectively referred to as ‘‘item’’) comment as provided in Section 766.23 the Director of the Office of Export exported or to be exported from the of the Regulations, any other person, 1 The Regulations are currently codified in the United States that is subject to the firm, corporation, or business Code of Federal Regulations at 15 CFR parts 730– Regulations, including, but not limited organization related to Luba by 774 (2016). The Regulations issued pursuant to the to: ownership, control, position of Export Administration Act (50 U.S.C. 4601–4623 A. Applying for, obtaining, or using responsibility, affiliation, or other (Supp. III 2015) (available at http:// uscode.house.gov)). Since August 21, 2001, the Act sradovich on DSK3GMQ082PROD with NOTICES any license, License Exception, or connection in the conduct of trade or has been in lapse and the President, through export control document; business may also be made subject to Executive Order 13222 of August 17, 2001 (3 CFR, B. Carrying on negotiations the provisions of this Order in order to 2001 Comp. 783 (2002)), which has been extended concerning, or ordering, buying, prevent evasion of this Order. by successive Presidential Notices, the most recent receiving, using, selling, delivering, Fourth, in accordance with Part 756 of being that of August 4, 2016 (81 FR 52,587 (Aug. 8, 2016)), has continued the Regulations in effect storing, disposing of, forwarding, the Regulations, Luba may file an appeal under the International Emergency Economic transporting, financing, or otherwise of this Order with the Under Secretary Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. servicing in any way, any transaction of Commerce for Industry and Security. IV 2010)). VerDate Sep<11>2014 18:06 Jan 05, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\06JAN1.SGM 06JAN1


Document Created: 2017-01-06 01:30:36
Document Modified: 2017-01-06 01:30:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 1690 
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