[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Notices]
[Pages 13127-13128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5447]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Amy Farrow
In the Matter of: Amy Farrow, 1493 Sanbrook Ct., Bethlehem, PA
18015, Respondent
Order Relating to Amy Farrow
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS''), has notified Amy Farrow, in her individual capacity and as
sole proprietor of The Wholesale Discount Store of Bethlehem,
Pennsylvania (``Farrow''), of its intention to initiate an
administrative proceeding against Farrow 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
Farrow that alleged that she committed 116 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 (2010). 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 (2008)). The 2010
Regulations set forth the procedures that apply to this matter.
\2\ 50 U.S.C. app. sections 2401-2420 (2000). Since August 21,
2001, the Act has been in lapse and the President, through Executive
Order 13,222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), as
extended most recently by the Notice of August 17, 2010 (75 FR
50,681 (Aug. 16, 2010)), has continued the Regulations in effect
under the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.).
---------------------------------------------------------------------------
Charges 1-116 15 CFR 764.2(a): Exporting Stun Guns Without a License
On 116 occasions between on or about January 1, 2008 and on or
about July 20, 2008, Farrow engaged in conduct prohibited by the
Regulations by exporting items subject to the Regulations to various
destinations without the required Department of Commerce
authorization. Specifically, Farrow exported 254 stun guns, items
subject to the Regulations, classified under Export Control
Classification Number 0A985, and controlled for export to these
destinations for crime control reasons, without the export licenses
required by Section 742.7 of the Regulations. In exporting these
items without a license, Farrow committed 116 violations of Section
764.2(a) of the Regulations.
Whereas, BIS and Farrow 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, for a period of two years from the date of this Order, Amy
Farrow, 1493 Sanbrook Ct., Bethlehem, PA 18015, her representatives,
assigns or agents (hereinafter collectively referred to as ``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. 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, 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
[[Page 13128]]
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 Farrow 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 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.
Fifth, that, as authorized by Section 766.18(c) of the Regulations,
the second year of the two year denial period set forth above shall be
suspended and shall thereafter be waived, provided that during the
first year of the denial period and during the period of suspension,
Farrow has commited no violation of the Act or any regulation, order or
license issued thereunder.
Sixth, that the Proposed Charging Letter, the Settlement Agreement,
and this Order shall be made available to the public.
This Order, which constitutes the final agency action in this
matter, is effective immediately.
Issued this 28th day of February, 2011.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2011-5447 Filed 3-9-11; 8:45 am]
BILLING CODE 3510-DT-P