[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Pages 44524-44525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17824]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 In the Matter of: Orville L. Parker, Jr., 2647 W. Walton Street, 
Chicago, IL 60622, Respondent; Order Relating to Orville L. Parker, Jr.

    The Bureau of Industry and Security, U.S. Department of Commerce 
(``BIS''), has notified Orville L. Parker, Jr., of Chicago, Illinois 
(``Parker''), of its intention to initiate an administrative proceeding 
against Parker pursuant to Section 766.3 of the Export Administration 
Regulations (the ``Regulations''),\1\ and Section 13(c) of the Export 
Administration Act of 1979, as amended (the ``Act''),\2\ through the 
issuance of a Proposed Charging Letter to Parker that alleges that 
Parker committed two violations of the Regulations. Specifically, the 
charges are:
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2013). The charged 
violations occurred in 2008. The Regulations governing the 
violations at issue are found in the 2008 version of the Code of 
Federal Regulations (15 CFR parts 730-774). The 2013 Regulations set 
forth the procedures that apply to this matter.
    \2\ 50 U.S.C. app. Sec. Sec.  2401-2420 (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)), which 
has been extended by successive Presidential Notices, the most 
recent being that of August 15, 2012 (77 FR 49699 (Aug. 16, 2012)), 
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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Charge 1 15 CFR 764.2(a): Engaging in Prohibited Conduct by Exporting a 
Thermal Imaging Camera Without the Required License

    On or about February 29, 2008, Parker engaged in conduct 
prohibited by the Regulations by exporting a thermal imaging camera, 
an item subject to the Regulations, classified under Export Control 
Classification Number (``ECCN'') 6A003.b.4, controlled for Regional 
Stability reasons, and valued at approximately $4,050, from the 
United States to Germany without the Department of Commerce license 
required by Section 742.6(a)(1) of the Regulations. Parker stole the 
thermal imaging camera from his then-employer and subsequently 
advertised and then sold the item on eBay. In order to avoid 
detection by law enforcement, Parker intentionally used someone 
else's email address when he listed the item for sale on eBay while 
also falsely listing that the thermal imaging camera was physically 
located in Orlando, Florida. To further conceal his activities, 
Parker intentionally undervalued the thermal imaging camera at the 
time of export to avoid filing a Shipper's Export Declaration with 
the United States Government. In so doing, Parker committed one 
violation of Section 764.2(a) of the Regulations.

Charge 2 15 CFR 764.2(a): Engaging in Prohibited Conduct by Failing To 
File a Shipper's Export Declaration or Automated Export Systems Record

    On or about February 29, 2008, in connection with the unlicensed 
export transaction described in Charge 1 above, Parker engaged in 
conduct prohibited by the Regulations when he failed to file a 
Shipper's Export Declaration (``SED'') or Automated Export System 
(``AES'') record with the U.S. Government. Pursuant to Section 
758.1(b)(3) of the Regulations, an SED or AES record must be filed 
with the U.S. Government for all exports of commodities subject to 
the Regulations when the value of the commodity is over $2,500. 
Additionally, Section 758.1(b)(2) requires the filing of a SED or 
AES record for all exports subject to the Regulations that require 
submission of a license application, regardless of value or 
destination. Based on his experience filling out shipping air 
waybills Parker was aware that an SED or AES record was required for 
exports valued at over $2,500. Parker also knew the thermal imaging 
camera, which he had previously stolen from his then-employer, was 
valued at approximately $4,050. In order to avoid detection by law 
enforcement Parker intentionally undervalued the item to $2,400 in 
an attempt to avoid the SED/AES record filing requirement.
    By failing to file the required SED or AES record, Parker 
committed one violation of Section 764.2(a) of the Regulations.

    Whereas, BIS and Parker have entered into a Settlement Agreement 
pursuant to Section 766.18(a) 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 of the terms of such Settlement Agreement;
    It is therefore ordered:
    First, that for a period of ten (10) years from the date of this 
Order, Orville L. Parker, Jr., with a last known address of 2647 W. 
Walton Street, Chicago, IL 60622, and when acting for or on his behalf, 
his successors, assigns, representatives, agents, or employees 
(hereinafter collectively referred to as ``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, 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. 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.

[[Page 44525]]

    Second, 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 
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, 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 the Denied Person 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.
    Fourth, that the Proposed Charging Letter, the Settlement 
Agreement, and this Order shall be made available to the public.
    Fifth, that this Order shall be served on Parker, and shall be 
published in the Federal Register.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.

     Issued: July 9, 2013.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2013-17824 Filed 7-23-13; 8:45 am]
BILLING CODE P