Performance Review Board Membership, 49416 [06-7087]
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49416
Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Notices
DEPARTMENT OF COMMERCE
Economics and Statistics
Administration
Performance Review Board
Membership
SUMMARY: Below is a listing of
individuals who are eligible to serve on
the Performance Review Board in
accordance with the Economics and
Statistics Administration’s Senior
Executive Service and Senior
Professional Performance Management
Systems:
Herman Habermann, Shirin A.
Ahmed, Teresa Angueira, William G.
Bostic, Jr., Stephanie Brown, Howard
Hogan, Nancy M. Gordon, Arnold A.
Jackson, Theodore A. Johnson, Ruth
Ann Killion, Robert LaMacchia, Michael
J. Longini, Thomas L. Mesenbourg, Jr;
C. Harvey Monk, Andrew H. Moxam,
Walter C. Odom, Jr., Marvin D. Raines,
Brian Monaghan, Richard W. Swartz,
Alan R. Tupek, Preston J. Waite, Mark
E. Wallace, Daniel H. Weinberg, Ewen
M. Wilson;
Tommy Wright, Robert Fay III,
William Bell, Elizabeth Martin, Paul
Friday, David Findley, J. Steven
Landefeld, Dennis J. Fixler, Ralph H.
Kozlow, Alan C. Lorish, Rosemary D.
Marcuss, Brent R. Moulton;
Sumiye O. Okubo, John W. Ruser,
James K. White, Katherine Wallman,
and Dr. Jennifer Madans.
FOR FURTHER INFORMATION CONTACT:
John
Cunningham, 301–763–3727.
Dated: August 16, 2006.
James K. White,
Associate Under Secretary for Management,
Chair, Performance Review Board.
[FR Doc. 06–7087 Filed 8–22–06; 8:45 am]
BILLING CODE 3510–BS–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[05–BIS–09]
Action Affecting Export Privileges;
Lawrence Scibetta, In the Matter of:
Lawrence Scibetta, 137 Southwest
Carter Avenue, Port St. Lucie, FL
34983; Respondent
sroberts on PROD1PC70 with NOTICES
Order
The Bureau of Industry and Security,
United States Department of Commerce
(‘‘BIS’’) has initiated an administrative
proceeding against Lawrence Scibetta
(‘‘Scibetta’’) pursuant to Section 766.3 of
the Export Administration Regulations
VerDate Aug<31>2005
16:04 Aug 22, 2006
Jkt 208001
(‘‘Regulations’’),1 and Section 13) of
the Export Administration Act of 1979,
as amended (50 U.S.C. app. 2401–2420
(2000)) (‘‘Act’’),2 through issuance of a
charging letter to Scibetta that alleged
that Scibetta committed five violations
of the Regulations. Specifically, the
charges are:
Charge 1. One Violation of 15 C.F.R.
§ 764.2(c)—Attempted Violation of the
Regulations:
On or about June 9, 2004, Scibetta
committed a violation of the Regulations
by attempting to export two thermal
imaging cameras, items classified under
Export Control Classification Number
(‘‘ECCN’’) 6A003.b.4, from the United
States to an entity in the United Arab
Emirates (the ‘‘UAE’’) without the
Department of Commerce license
required by Sections 742.4 and 742.6 of
the Regulations.
Charge 2. One Violation of 15 CFR
764.2(e)—Acting with Knowledge of a
Violation: In connection with the
attempted export detailed in Charge 1,
on or about June 1, 2004, Scibetta
bought two thermal imaging cameras,
items classified under ECCN 6A003.b.4,
with the knowledge that a violation of
the Regulations was about to occur.
Specifically, Scibetta had knowledge
that a Department of Commerce export
license was required to export the
cameras, and Scibetta bought the
cameras with knowledge that the
required export license would not be
obtained prior to an attempt to export
the cameras.
Charge 3. One Violation of 15 CFR
764.2(f)—Possession With Intent to
Export Illegally: Charges 1–2 are
incorporated herein by reference. On or
around June 8 and June 9, 2004, Scibetta
possessed two thermal imaging cameras,
items controlled for national security
reasons under the Act, with the intent
to export such items in violation of the
Regulations. On or around May 16,
2004, Scibetta was told by the U.S.
supplier of the thermal imaging cameras
that the cameras required a license for
export. On or around June 8, 2004,
Scibetta took possession of the cameras.
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR Parts 730–
774 (2006). The alleged violations occurred in 2004.
The Regulations governing the violations at issue
are found in the 2004 version of the Code of Federal
Regulations (15 CFR Parts 730–774 (2004)). The
2006 Regulations establish the procedures that
apply to this matter.
2 50 U.S.C. app. 2401–2430 (2000). 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)), as
extended most recently by the Notice of August 3,
2006 (71 FR 44551 (August 7, 2006)), has continued
the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701–
1706 (2000)) (‘‘IEEPA’’).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
From that moment until the moment
when Scibetta consigned the cameras
for shipment, Scibetta held the items
with the intent to export them to the
UAE without a license.
Charge 4. One Violation of 15 CFR
764.2(g)—Misrepresentation and
Concealment of Facts: Charges 1–3 are
incorporated herein by reference. On or
about July 23, 2004, in the course of an
investigation subject to the Regulations,
Scibetta made a false statement directly
to BIS. Specifically, he wrote in an
affidavit, ‘‘I was never told that if [the
camera] needed an export license. Up
until today no one has ever told me that
I need a license to ship this [the
camera].’’ This statement is false
because Scibetta was told on a number
of occasions prior to the day of the
affidavit, including a warning by the
U.S. company from whom Scibetta
purchased the cameras, that the cameras
needed an export license.
Charge 5. One Violation of 15 CFR
764.2(h)—Evasion: Charges 1–4 are
incorporated herein by reference.
Between June 22 and June 25, 2004,
Scibetta acted to arrange for the export
of two thermal imaging cameras with
intent to evade the provisions of the
Regulations. Specifically, Scibetta
continued to arrange for the unlicensed
export of the cameras even after the
cameras required a license to export.
Whereas Bis and Scibetta have
entered into a Settlement Agreement
pursuant to Section 766.18(b) of the
Regulations whereby they agreed to
settle this matter in accordance with the
terms and conditions set forth therein,
and
Whereas, I have approved such
Settlement Agreement; It is Therefore
Ordered:
First, that a civil penalty is assessed
against Scibetta in the amount of
$30,000.00, of which $5,000.00 shall be
paid to the U.S. Department of
Commerce not later than September 15,
2006; $5,000.00 shall be paid to the U.S.
Department of Commerce not later than
November 15, 2006; $5,000.00 shall be
paid to the U.S. Department of
Commerce not later than January 15,
2007; $5,000.00 shall be paid to the U.S.
Department of Commerce not later than
March 15, 2007; $5,000.00 shall be paid
to the U.S. Department of Commerce not
later than May 15, 2007; and $5,000.00
shall be paid to the U.S. Department of
Commerce not later than July 15, 2007.
Second, that, pursuant to the Debt
Collection Act of 1982, as amended (31
U.S.C. 3701–3720E (2000)), the civil
penalty owed under this Order accrues
interest as more fully described in the
attached Notice, and, if payment is not
made by the due date specified herein,
E:\FR\FM\23AUN1.SGM
23AUN1
]]>Agencies
[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Notices]
[Page 49416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7087]
[[Page 49416]]
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DEPARTMENT OF COMMERCE
Economics and Statistics Administration
Performance Review Board Membership
SUMMARY: Below is a listing of individuals who are eligible to serve on
the Performance Review Board in accordance with the Economics and
Statistics Administration's Senior Executive Service and Senior
Professional Performance Management Systems:
Herman Habermann, Shirin A. Ahmed, Teresa Angueira, William G.
Bostic, Jr., Stephanie Brown, Howard Hogan, Nancy M. Gordon, Arnold A.
Jackson, Theodore A. Johnson, Ruth Ann Killion, Robert LaMacchia,
Michael J. Longini, Thomas L. Mesenbourg, Jr;
C. Harvey Monk, Andrew H. Moxam, Walter C. Odom, Jr., Marvin D.
Raines, Brian Monaghan, Richard W. Swartz, Alan R. Tupek, Preston J.
Waite, Mark E. Wallace, Daniel H. Weinberg, Ewen M. Wilson;
Tommy Wright, Robert Fay III, William Bell, Elizabeth Martin, Paul
Friday, David Findley, J. Steven Landefeld, Dennis J. Fixler, Ralph H.
Kozlow, Alan C. Lorish, Rosemary D. Marcuss, Brent R. Moulton;
Sumiye O. Okubo, John W. Ruser, James K. White, Katherine Wallman,
and Dr. Jennifer Madans.
FOR FURTHER INFORMATION CONTACT: John Cunningham, 301-763-3727.
Dated: August 16, 2006.
James K. White,
Associate Under Secretary for Management, Chair, Performance Review
Board.
[FR Doc. 06-7087 Filed 8-22-06; 8:45 am]
BILLING CODE 3510-BS-M
