[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 38971-38972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15306]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Reza Mohammed Tabib and Terri 
Tabib; Order Denying Export Privileges

    In the Matter of: Reza Mohammed Tabib, a/k/a Reza Tabib or a/ka 
Re Tabib, 31848 Via Del Paso, Winchester, CA 92596, Respondent; Tern 
Tabib, a/k/a Tern Repic, 31848 Via Del Paso, Winchester, CA 92596, 
Related Person.

A. Denial of Export Privileges of Reza Mohammed Tabib

    On May 8, 2007, in the U.S. District Court for the Central District 
of California, Reza Mohammed Tabib, a/k/a Re Tabib and a/k/a Reza Tabib 
(``Tabib'' or ``Reza Tabib'') following a plea of guilty, was convicted 
of violating the International Emergency Economic Powers Act (50 U.S.C. 
1701-1706 (2000)) (``IEEPA''). Tabib pled guilty to willfully 
attempting to export and transship from the United States to Iran 
aircraft parts, including approximately three F-14 maintenance kits, 
without obtaining from the U.S. Department of the Treasury, Office of 
Foreign Assets Control, a license or written authorization for such 
export and transshipment. Tabib was sentenced to 24 months of 
imprisonment followed by three years of supervised release.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(currently codified at 50 U.S.C. app. 2401-2420 (2000)) (the ``Act'') 
\1\ and Section 766.25 of the Export Administration Regulations (the 
``Regulations''),\2\ provide, in pertinent part, that ``[t]he Director 
of Exporter Services, in consultation with the Director of the Office 
of Export Enforcement, may deny export privileges of any person who has 
been convicted of a violation of * * * IEEPA,'' for a period not to 
exceed 10 years from the date of conviction. 15 CFR 766.25(a) and (d). 
In addition, Section 750.8 of the Regulations states that BIS's Office 
of Exporter Services may revoke any BIS licenses previously issued in 
which the person had an interest at the time of his conviction.
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    \1\ 50 U.S.C. app. 2401-2420. Since August 21, 2001, the Act has 
been in lapse and the Preident, through Executive Order 13222 of 
August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), as extended by the 
Notice of August 15, 2007 (72 FR 46137, Aug. 16, 2007), has 
continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000)) 
(``IEEPA'').
    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2008).
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    I have received notice of Tabib's conviction for violating the 
IEEPA, and have provided notice and an opportunity for Tabib to make a 
written submission to the Bureau of Industry and Security as provided 
in Section 766.25 of the Regulations. Having received no submission 
from Tabib and, following consultations with the Office of Export 
Enforcement, including its Director, I have decided to deny Tabib's 
export privileges under the Regulations for a period of five years from 
the date of Tabib's conviction. I have also decided to revoke all 
licenses issued pursuant to the Act or Regulations in which Tabib had 
an interest at the time of his conviction.

B. Denial of Export Privileges of Related Person

    Pursuant to Sections 766.25(h) and 766.23 of the Regulations, the 
Director of BIS's Office of Exporter Services, in consultation with the 
Director of BIS's

[[Page 38972]]

Office of Export Enforcement, may take action to name persons related 
to a Respondent by ownership, control, position of responsibility, 
affiliation, or other connection in the conduct of trade or business in 
order to prevent evasion of a denial order. Tern Tabib, a/k/a Tern 
Repic is Reza Tabib's wife and business partner. Tern Tabib pled guilty 
to violating 18 U.S.C. 1001 in connection with the attempted export by 
Reza Tabib of F-14 aircraft parts to Iran, specifically for willfully 
failing to file the Shipper's Export Declaration required for the 
export, and was placed on probation for two years. Tern Tabib is 
related to Reza Tabib by ownership, control, position of 
responsibility, affiliation, or other connection in the conduct of 
trade or business. BIS believes that naming Tern Tabib as a person 
related to Reza Tabib is necessary to avoid evasion of the denial order 
against Reza Tabib.
    As provided in Section 766.23 of the Regulations, I gave notice to 
Tern Tabib that her export privileges under the Regulations could be 
denied for up to 10 years due to her relationship with Reza Tabib and 
that BIS believes naming her as a person related to Reza Tabib would be 
necessary to prevent evasion of a denial order imposed against Reza 
Tabib. In providing such notice, I gave Tern Tabib an opportunity to 
oppose her addition to the Reza Tabib Denial Order as a related party. 
Having received no submission from Tern Tabib, I have decided, 
following consultations with the Office of Export Enforcement, 
including its Director, to name Tern Tabib as a Related Person to the 
Reza Tabib Denial Order, thereby denying her export privileges for five 
years from the date of Reza Tabib's conviction.
    I have also decided to revoke all licenses issued pursuant to the 
Act or Regulations in which the Related Person had an interest at the 
time of Reza Tabib's conviction. The five-year denial period will end 
on May 8, 2012.
    Accordingly, it is hereby ordered:
    I. Until May 8, 2012, Reza Mohammed Tabib, a/k/a Re Tabib and a/k/a 
Reza Tabib, 31848 Via Del Paso, Winchester, CA 92596, when acting for 
or on behalf of Tabib, his representatives, assigns, agents or 
employees, (``the Denied Person'') and the following person related to 
the Denied Person as defined by Section 766.23 of the Regulations: Tern 
Tabib, a/k/a Tern Repic, 31848 Via Del Paso, Winchester, CA 92596, and 
when acting for or on her behalf, her employees, agents or 
representatives, (``the Related Person'') (together, the Denied Person 
and the Related Person are ``Persons Subject To This Order'') 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.
    II. No person may, directly or indirectly, do any of the following:
    A. Export or reexport to or on behalf of the Persons Subject To 
This Order any item subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Persons Subject To This Order 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 Persons 
Subject To This Order 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 Persons Subject To This Order of any 
item subject to the Regulations that has been exported from the United 
States;
    D. Obtain from the Persons Subject To This Order 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 Persons Subject To 
This Order, or service any item, of whatever origin, that is owned, 
possessed or controlled by the Persons Subject To This Order 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.
    III. In addition to the Related Person named above, after notice 
and opportunity for comment as provided in section 76623 of the 
Regulations, any other 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 this 
Order if necessary to prevent evasion of the Order.
    IV. 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.
    V. This Order is effective immediately and shall remain in effect 
until May 8, 2012.
    VI. In accordance with Part 756 of the Regulations, Reza Tabib may 
file an appeal of this Order with the Under Secretary of Commerce for 
Industry and Security. The appeal must be filed within 45 days from the 
date of this Order and must comply with the provisions of Part 756 of 
the Regulations.
    VII. In accordance with Part 756 of the Regulations, the Related 
Person may also file an appeal of this Order with the Under Secretary 
of Commerce for Industry and Security.
    VIII. A copy of this Order shall be delivered to the Denied Person 
and the Related Person. This Order shall be published in the Federal 
Register.

    Dated: June 23, 2008.
Eileen M. Albanese,
Director, Office of Exporter Services.
 [FR Doc. E8-15306 Filed 7-7-08; 8:45 am]
BILLING CODE 3510-DT-M