Action Affecting Export Privileges; Lawrence Scibetta, In the Matter of: Lawrence Scibetta, 137 Southwest Carter Avenue, Port St. Lucie, FL 34983; Respondent, 49416-49417 [06-7095]
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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’’).
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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,
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23AUN1
sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Notices
Scibetta will be assessed, in addition to
the full amount of the civil penalty and
interest, a penalty charge and an
administrative charge, as more fully
described in the attached Notice.
Third, that the timely payment of the
civil penalty set forth above is hereby
made a condition to the granting,
restoration, or continuing validity of any
export license, license exception,
permission, or privilege granted, or to be
granted, to Scibetta. Accordingly, if
Scibetta should fail to pay the civil
penalty in a timely manner, the
undersigned may enter an Order
denying Scibetta’s export privileges for
a period of one year from the date of
entry of this Order.
Fourth, that for a period of 20 years
from the date of entry of the Order, Mr.
Lawrence Scibetta, 137 Southwest
Carter Avenue, Port St. Lucie, Florida
34983, and when acting for or on his
behalf, his representatives, agents,
assigns or employees (‘‘Denied Person’’)
may not participate, directly or
indirectly, 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, or in any
other activity 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. Benefiting 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.
Fifth, that 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 that is
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
VerDate Aug<31>2005
17:49 Aug 22, 2006
Jkt 208001
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.
Sixth, that this Order does not
prohibit any export, reexport, or other
transaction subject to the Regulations
where the only items involved that are
subject to the Regulations are the
foreign-produced direct product of U.S.origin technology.
Seventh, that, after notice and
opportunity for comment as provided in
Section 766.23 of the Regulations, any
person, firm, corporation, or business
organization related to Scibetta by
affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services may also be
made subject to the provisions of the
Order.
Eighth, that the charging letter, the
Settlement Agreement, this Order, and
the record of this case as defined by
Section 766.20 of the Regulations shall
be made available to the public.
Ninth, that the administrative law
judge shall be notified that this case is
withdrawn from adjudication.
Tenth, that this Order shall be served
on the Denied Person and on BIS, and
shall be published in the Federal
Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
Entered this 14th day of August 2006.
Wendy L. Wysong,
Acting Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. 06–7095 Filed 8–22–06; 8:45am]
BILLING CODE 3510–DT–M
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49417
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–886
Polyethylene Retail Carrier Bags from
the People’s Republic of China:
Extension of Time Limit for the
Preliminary Results of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 23, 2006.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Matthew Quigley,
AD/CVD Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone (202) 482–4243 or (202) 482–
4551, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 28, 2005, the
Department of Commerce (‘‘the
Department’’) published in the Federal
Register a notice of initiation of the
antidumping duty administrative review
of Polyethylene Retail Carrier Bags
(‘‘PRCBs’’) from the People’s Republic of
China (‘‘PRC’’) for the period January
26, 2004, through July 31, 2005. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 70 FR 56631 (September 28, 2005).
Extension of Time Limit for Preliminary
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to make a
preliminary determination within 245
days after the last day of the anniversary
month of an order for which a review
is requested. Section 751(a)(3)(A) of the
Act further states that, if it is not
practicable to complete the review
within the time specified, the
administering authority may extend the
245-day period to issue its preliminary
results by up to 120 days. On April 27,
2006, the Department published in the
Federal Register a notice extending the
deadline by 110 days. See Polyethylene
Retail Carrier Bags from the People’s
Republic of China: Extension of Time
Limit for the Preliminary Results of
Antidumping Duty Administrative
Review, 71 FR 24840 (April 27, 2006).
The preliminary results of review are
currently due no later than August 21,
2006. Because the Department needs
additional time to analyze a significant
E:\FR\FM\23AUN1.SGM
23AUN1
]]>Agencies
[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Notices]
[Pages 49416-49417]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7095]
-----------------------------------------------------------------------
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
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 (``Regulations''),\1\ and Section
13(copyright)) 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:
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
Charge 1. One Violation of 15 C.F.R. Sec. 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. 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,
[[Page 49417]]
Scibetta will be assessed, in addition to the full amount of the civil
penalty and interest, a penalty charge and an administrative charge, as
more fully described in the attached Notice.
Third, that the timely payment of the civil penalty set forth above
is hereby made a condition to the granting, restoration, or continuing
validity of any export license, license exception, permission, or
privilege granted, or to be granted, to Scibetta. Accordingly, if
Scibetta should fail to pay the civil penalty in a timely manner, the
undersigned may enter an Order denying Scibetta's export privileges for
a period of one year from the date of entry of this Order.
Fourth, that for a period of 20 years from the date of entry of the
Order, Mr. Lawrence Scibetta, 137 Southwest Carter Avenue, Port St.
Lucie, Florida 34983, and when acting for or on his behalf, his
representatives, agents, assigns or employees (``Denied Person'') may
not participate, directly or indirectly, 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, or in any other
activity 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. Benefiting 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.
Fifth, that 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
that is 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.
Sixth, that this Order does not prohibit any export, reexport, or
other transaction subject to the Regulations where the only items
involved that are subject to the Regulations are the foreign-produced
direct product of U.S.-origin technology.
Seventh, that, after notice and opportunity for comment as provided
in Section 766.23 of the Regulations, any person, firm, corporation, or
business organization related to Scibetta by affiliation, ownership,
control, or position of responsibility in the conduct of trade or
related services may also be made subject to the provisions of the
Order.
Eighth, that the charging letter, the Settlement Agreement, this
Order, and the record of this case as defined by Section 766.20 of the
Regulations shall be made available to the public.
Ninth, that the administrative law judge shall be notified that
this case is withdrawn from adjudication.
Tenth, that this Order shall be served on the Denied Person and on
BIS, and shall be published in the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effective immediately.
Entered this 14th day of August 2006.
Wendy L. Wysong,
Acting Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 06-7095 Filed 8-22-06; 8:45am]
BILLING CODE 3510-DT-M
