Vol. 0321-2005

REGULATORY COMPLIANCE NEWSLETTER

NEWS:

The Office of Foreign Assets Control (OFAC), Department of Treasury announced major revisions to their watch list on March 17, 2005. A number of entities have been added in the notice and information on existing parties on the watch list has been updated with new addresses and branch offices.

The Import Administration, International Trade Administration, Department of Commerce published an interim final rule to implement a Steel Import Monitoring and Analysis (SIMA) System, originally outlined in the President's March 5, 2002, Proclamation on Steel Safeguards. SIMA, as fully implemented by the rule, contains modifications made in light of comments received in response to an Advanced Notice of Proposed Rulemaking (ANPRM) published on August 25, 2004. Effective Dates: The interim final rule is effective March 11, 2005. Modifications to SIMA, as stated in Annexes II and III will be implemented on June 9, 2005. Comments on the SIMA system must be submitted on or before 5 p.m. e.s.t., May 10, 2005.

The Bureau of Industry and Security (BIS) issued the following rules:

Final Rule--Amending various entries on the Commerce Control List (CCL), to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2004 Plenary in Seoul, South Korea, as well as the plenary decision to allow Bulgaria to become a member of the MTCR. The rule also adds four entities located in Syria to the Entity List. The Entity List is a compilation of end-users that present an unacceptable risk of using or diverting certain items to activities related to weapons of mass destruction. BIS requires a license for most exports or reexports to these entities and maintains the Entity List to inform the public of these license requirements. Lastly, the rule revises the missile catch-all controls for Restrictions on Certain Rocket Systems, by clarifying that the general prohibition includes a license requirement for items that will be used, anywhere in the world except by governmental programs for nuclear weapons delivery of NPT Nuclear Weapons States that are also members of NATO, in ``the design, development, production or use of'' rocket systems or unmanned air vehicles, regardless of range capabilities, for the delivery of chemical, biological, or nuclear weapons. This is a clarification of revisions published November 8, 2004 (69 FR 64657). Effective Date: March 10, 2005.

Interim Rule--Regarding transactions involving entities sanctioned by the State Department under three specified statutes, imposes a new license requirement for certain entities sanctioned by the State Department, and identifies one specific entity subject to this new license requirement, Tula Instrument Design Bureau of Russia. Effective Dates: The rule is effective March 7, 2005. Comments must be received by May 6, 2005.

Final Rule--Revises the Defense Priorities and Allocations System to allow a person rejecting a rated order to give his or her reasons for the rejection through electronic means rather than requiring a person to submit the rationale in writing. Effective Date: April 6, 2005.

The Customs and Border Protection (CBP) issued the following rules:

Final Rule--Amending regulations to reflect the extension of the import restrictions on certain categories of archaeological material from the Prehispanic cultures of the Republic of El Salvador which were imposed by T.D. 95-20. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, the restrictions will remain in effect for an additional 5 years, and the CBP regulations are being amended to indicate this extension. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. T.D. 95-20 contains the Designated List of archaeological material representing Prehispanic cultures of El Salvador. Effective Date: March 8, 2005.

Interim Rule--Modifying regulations to implement the preferential tariff treatment and other customs-related provisions of the United States-Chile Free Trade Agreement entered into by the United States and the Republic of Chile. Effective Dates: Interim rule effective March 7, 2005; comments must be received by June 6, 2005.

DENIED PERSON UPDATE:

The following entities were added to the Denied Persons List .The full list of changes can be accessed at the OCR web site

•      Higher Institute of Applied Science and Technology (HIAST), SYRIA
  Privileges affected: For all items subject to the EAR. (see Sec. 744.3 of the EAR). Presumption of denial.
  Effective date: 03/10/05, Expiration date: UNTIL RESCINDED
  F.R. Date: 03/10/2005, Citation: 70 FR 11858

•      Industrial Establishment of Defense (IED), SYRIA
  Privileges affected: For all items subject to the EAR. (see Sec. 744.3 of the EAR). Presumption of denial.
  Effective date: 03/10/05, Expiration date: UNTIL RESCINDED
  F.R. Date: 03/10/2005, Citation: 70 FR 11858

•      National Standards and Calibration Laboratory (NSCL), SYRIA
  Privileges affected: For all items subject to the EAR. (see Sec. 744.3 of the EAR). Presumption of denial.
  Effective date: 03/10/05, Expiration date: UNTIL RESCINDED
  F.R. Date: 03/10/2005, Citation: 70 FR 11858

•     Scientific Studies and Research Center (SSRC), SYRIA
  Privileges affected: For all items subject to the EAR. (see Sec. 744.3 of the EAR). Presumption of denial.
  Effective date: 03/10/05, Expiration date: UNTIL RESCINDED
  F.R. Date: 03/10/2005, Citation: 70 FR 11858

•     Tula Instrument Design Bureau, Tula 300001, RUSSIA
  Privileges affected: All items subject to the EAR having a classification other than EAR99; no License Exceptions available.
  Effective date: 03/07/05, Expiration date: UNTIL RESCINDED
  F.R. Date: 03/07/2005, Citation: 70 FR 10865

•     CAICEDO GALLEGO, Maria Nury, Diagonal 130 No. 7-20, Apt. 806, Bogota, COLOMBIA, AKA/DBA: a.k.a. CAYCEDO GALLEGO, Maria Nury; a.k.a. c/o COLOMBO ANDINA COMERCIAL COALSA LTDA.; a.k.a. c/o INVERSIONES AGROINDUSTRIALES DEL OCCIDENTE LTDA. ; a.k.a. c/o COMPANIA AGROPECUARIA DEL SUR LTDA.; a.k.a. c/o DIMABE LTDA.
  Privileges affected: DOB 16 Nov 1956; POB Tulua, Valle, Colombia; citizen Colombia; nationality Colombia; Cedula No. 31191388 (Colombia); Passport AH286341 (Colombia); alt. Passport AE889461 (Colombia); SSN 594-33-3352 (United States) issued 1993.
  Effective date: 03/17/05
  Expiration date: UNTIL RESCINDED
  Agency: FAC
  Type: SDN
  Category: SDNT

•      CAMACHO VALLEJO, Javier, c/o INVERSIONES AGROINDUSTRIALES DEL OCCIDENTE LTDA., Bogota, COLOMBIA, AKA/DBA: a.k.a. c/o COMPANIA AGROPECUARIA DEL SUR LTDA.; a.k.a. c/o INVERSIONES AGROINDUSTRIALES DEL OCCIDENTE LTDA.
  Privileges affected: Citizen Colombia; Nationality Colombia; Cedula No. 16614154 (Colombia).
  Effective date: 03/17/05 Expiration date: UNTIL RESCINDED

•     CEDENO HERRERA, Luis Mario, c/o INVERSIONES AGROINDUSTRIALES DEL OCCIDENTE LTDA., Bogota, COLOMBIA, AKA/DBA: a.k.a. c/o COMPANIA AGROPECUARIA DEL SUR LTDA.; a.k.a. c/o INVERSIONES AGROINDUSTRIALES DEL OCCIDENTE LTDA.
  Privileges affected: Citizen Colombia; Nationality Colombia; Cedula No. 16637213 (Colombia).
  Effective date: 03/17/05 Expiration date: UNTIL RESCINDED

CONFERENCES:

B IS Seminars

Title: Complying with U.S. Export Controls
Date: May 10-11, 2005
Location: Newport Beach, CA

Title: Technology Controls
Date: May 12, 2005
Location: Newport Beach, CA

Title: Essentials of Export Controls
Date: July 7, 2005
Location: Washington, DC

Title: Exploring the EAR (½ day)
Date: July 8, 2005
Location: Washington, DC

Title: How to Classify Your Item (½ day)
Date: July 8, 2005
Location: Washington, DC

AAEI Seminar

Title: AAEI Annual Conference & Exhibition
Date: May 22-24, 2005
Location: New York, NY

American Conference Institute Seminars

Title: 8th National Forum on Export Controls
Date: April 27 - 28, 2005
Location: Renaissance Mayflower Hotel, Washington, D.C., United States

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Disclaimer:

This newsletter is not intended to provide legal guidance. Adherence to this decision does not relieve the exporter of the statutory responsibilities of complying with the applicable statutes, regulations, policies and procedures of the U.S. Government

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