Vol. 0328-2005

REGULATORY COMPLIANCE NEWSLETTER

NEWS:

The Bureau of Industry and Security (BIS) issued the following notice: On Friday, March 25, 2005, BIS sent e-mail notices that incorrectly stated that Uni-Arab Engineering and Oil Field Services, Jaime Radi Mustafa (also known as Radi Mustafa) and Nureddin Shariff Sehweil (also known as Dean Sehweil) at their various addresses were added to the List of persons denied export privileges (DPL) under the Export Administration Regulations (EAR) and, that the denial orders imposed against these Respondents were then suspended. In fact, the denial orders issued against Uni-Arab Engineering, Mustafa and Sehweil were suspended upon issuance. As part of a settlement agreement relating to alleged violations of the EAR, the Respondents agreed to suspended denial orders and the payment of monetary fines. For questions, please call the BIS, Office of Chief Counsel at (202) 482-5301.

The Bureau of Industry and Security (BIS) published a final rule that amended the Export Administration Regulations (EAR) to implement further changes to export and re-export controls with respect to Libya. The majority of changes are based on comments submitted to BIS as requested in an earlier interim rule. The rule also corrects an inadvertent error in that interim rule. Effective Date: March 22, 2005.

The Bureau of Industry and Security (BIS) published a final rule that amended the Export Administration Regulations (EAR) by updating a fax number and by updating the list of information collections. The Paperwork Collection List identifies the control numbers assigned to information collection requirements under the Export Administration Regulations (EAR) by the Office of Management and Budget pursuant to the Paperwork Reduction Act. The rule makes editorial corrections and updates and is not intended to have a substantive effect on the rights or obligations of the public. Effective Date: March 22, 2005.

Defense Trade Controls – In-Person License Submission and Pick-Up Procedures

Effective March 14, 2005, there is now only one drop-off/pick-up time (3 p.m.). Due to heightened security concerns at government installations, DDTC, on the advice of State Department's Bureau of Diplomatic Security (DS), has developed the following procedure for in-person license submissions and document pick-up. While DDTC expects the number of hardcopy, hand-delivered license applications to diminish with the advent of the automated electronic licensing system, these procedures will stay in place until further notice. For the full notice please click here.

The DDTC announced that the new DSP-5 V2.0 Electronic form was suspended until further notice. A configuration incompatibility occurred when D-Trade with DSP-5 v2.0 was introduced into the DTrade production environment. The situation could not be overcome in the time made available for the installation. The previous version of D-Trade DSP-5 Form DSP-5 v1.08 form is to be used and is currently available.

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

• *ENTIRE COUNTRY*, LIBYA
  Privileges affected: Revision of Export and Re-export Restrictions on Libya (70 FR 14387). Determination and Waiver of Application of Section 908(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 with Respect to Libya. Presidential Determination and Certification Concerning Libya Under Section 101 and 102(b) of the Arms Export Control Act and Determination on Export-Import Bank Support for U.S. Exports to Libya. (69 FR 56153). Pursuant to section 2(b)(4) of the Export-Import Bank Act of 1945, as amended, The President, hereby determine and certify that it is in the national interest for the Export-Import Bank to guarantee, insure, or extend credit, or participate in the extension of credit in support of United States exports to Libya.
  Effective date: 04/04/94, Expiration date: UNTIL RESCINDED
  F.R. Date: 03/22/2005, Citation: 59 FR 15624; 61 FR 36625; 69 FR 56153; 69 FR 58247; 70 FR 14387

• MUSTAFA, JAIME RADI, P.O. BOX 46112, ABU DHABI, UNITED ARAB EMIRATES
  Privileges affected: Standard.
  Effective date: 07/24/03, Expiration date: 3/17/2010
  F.R. Date: 03/25/2004, Citation: 68 FR 44740; 68 FR 56261; 69 FR 15292

• MUSTAFA, JAIME RADI, KHALIDIYA, P.O. BOX 46112, ABU DHABI, UNITED ARAB EMIRATES
  Privileges affected: Standard.
  Effective date: 07/24/03, Expiration date: 3/17/2010
  F.R. Date: 03/25/2004, Citation: 68 FR 44740; 68 FR 56261; 69 FR 15292

• MUSTAFA, JAIME RADI, 888 CROSS GATES BOULEVARD, SLIDELL, UNITED STATES , AKA/DBA: a.k.a. MUSTAFA, RADI
  Privileges affected: Standard.
  Effective date: 03/24/03, Expiration date: 3/17/2010
  F.R. Date: 03/25/2004, Citation: 68 FR 44740; 68 FR 56261; 69 FR 15292

CONFERENCES:

BIS 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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