49416 Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Notices 

1The 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’’). 

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 

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) 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. 

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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