Vol. 0617-2005

REGULATORY COMPLIANCE NEWSLETTER

NEWS:

The Bureau of Industry and Security (BIS) announced that the system for accepting paper applications is not working due to technical difficulties. The system should be fully functional by June 21, 2005. You can submit applications via SNAP. Additional resources available by BIS to help exporters establish a SNAP account if you don't already have one.

The Department of State amended and/or clarified the content of a number of provisions of the International Traffic in Arms Regulations (ITAR). The affected parts of the ITAR are: Part 120--Purpose and Definitions; Part 123--Licenses for the Export of Defense Articles; Part 124--Agreements, Off-Shore Procurement and Other Defense Services; Part 126--General Policies and Provisions; and Part 127--Violations and Penalties. Effective June 15, 2005.

The Department of State issued a notice that imposes an administrative debarment against Hughes Network Systems (Beijing) Co. Ltd. pursuant to a January 26, 2005 Consent Agreement and other authority based upon section 127.7(a) and (b)(2) of the International Traffic in Arms Regulations (ITAR) (22 CFR sections 120 to 130). Effective Date: January 26, 2005.

The Office of Foreign Assets Control (``OFAC'') revised the Reporting, Procedures and Penalties Regulations (the ``RPPR'') to make a technical change in order to remove a reference to the Government of Sudan that was used prior to the promulgation of Executive Order 13067 and the Sudanese Sanctions Regulations. They also amended the Sudanese Sanctions Regulations, (the ``SSR''). The amendments to the SSR include the issuance of two general licenses, effective June 13, 2005. One general license authorizes the operation of accounts in U.S. financial institutions under certain circumstances for individuals ordinarily resident in Sudan. The other general license authorizes U.S. depository institutions, U.S. registered brokers and dealers in securities, and U.S. registered money transmitters to process transfers of funds constituting noncommercial, personal remittances to or from Sudan or for or on behalf of individuals ordinarily resident in Sudan. Other amendments to the SSR include the removal of two regulatory provisions and the revision of a provision regarding reexportation of U.S.-origin goods, technology or software by non-U.S. persons, and another revision of to reflect changes in OFAC's procedure for imposing civil penalties. Effective Date: June 13, 2005.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule revising the Hazardous Materials Regulations (HMR). Recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), have necessitated recent changes to facilitate the transport of hazardous materials in international commerce. The final rule corrects errors to a December 20, 2004 final rule. Effective Date: June 14, 2005. Delayed Compliance Date: January 1, 2006.

The Pipeline and Hazardous Materials Safety Administration (PHMSA), issued a final rule that amended the Hazardous Materials Regulations by incorporating miscellaneous changes based on petitions for rulemaking and PHMSA initiatives. The intended effect of the regulatory changes is to update, clarify or provide relief from certain regulatory requirements. Effective Date: August 12, 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

• *ENTIRE COUNTRY*, SUDAN
  Privileges affected: Amending the Sudanese Sanctions Regulations, (the ``SSR''). The amendments to the SSR include the issuance of two general licenses, effective June 13, 2005. One general license authorizes the operation of accounts in U.S. financial institutions under certain circumstances for individuals ordinarily resident in Sudan. The other general license authorizes U.S. depository institutions, U.S. registered brokers and dealers in securities, and U.S. registered money transmitters to process transfers of funds constituting noncommercial, personal remittances to or from Sudan or for or on behalf of individuals ordinarily resident in Sudan. Updates on 70 FR 34060;
  Effective date: 06/09/99, Expiration date: UNTIL RESCINDED
  F.R. Date: 06/13/2005, Citation: 62 FR 59989; 69 FR 75468; 70 FR 34060
• BOHADA AVILA, Lubin, c/o FRUTAS DE LA COSTA S.A., Malambo, Atlantico, COLOMBIA, AKA/DBA: a.k.a. c/o AGRONILO S.A.; a.k.a. c/o ARMAGEDON S.A.; a.k.a. c/o GAD S.A.; a.k.a. c/o INDUSTRIAS DEL ESPIRITU SANTO S.A.; a.k.a. c/o FRUTAS DE LA COSTA S.A.
  Privileges affected: Cedula No. 19093178 (Colombia) (Individual).
  Effective date: 05/11/05, Expiration date: UNTIL RESCINDED
• BOUT, Viktor Anatolijevitch, LIBERIA, AKA/DBA: a.k.a. BONT; a.k.a. BOUTOV; a.k.a. BUTT; a.k.a. BUTTE; a.k.a. SERGITOV, Vitali
  Privileges affected: Businessman, dealer and transporter of weapons and minerals; DOB 13 Jan 1967; alt. DOB 13 Jan 1970; Passport Details: (1) No. 21N0532664 (2) No. 29N0006765 (3) No. 21N0557148 (4) No. 44N3570350;
  Effective date: 07/23/04, Expiration date: UNTIL RESCINDED
• GRAJALES LEMOS, Aida Salome, c/o FRUTAS DE LA COSTA S.A., Malambo, Atlantico, COLOMBIA, AKA/DBA: a.k.a. c/o CRETA S.A.; a.k.a. c/o AGRONILO S.A.; a.k.a. c/o ALMACAES S.A.; a.k.a. c/o CASA GRAJALES S.A.; a.k.a. c/o GAD S.A.; a.k.a. c/o GRAJALES S.A.; a.k.a. c/o HOTEL LOS VINEDOS; a.k.a. c/o MACEDONIA LTDA.; a.k.a. c/o RAMAL S.A.; a.k.a. c/o SALIM S.A.; a.k.a. c/o FRUTAS DE LA COSTA S.A.
  Privileges affected: DOB 13 Dec 1970; POB La Union, Valle, Colombia; Cedula No. 39789871 (Colombia) (individual).
  Effective date: 05/11/05, Expiration date: UNTIL RESCINDED

CONFERENCES:

BIS Seminars

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

Title: Intro to Export Management Systems
Date: August 5, 2005
Location: Washington, DC

AAEI Seminar

Title: Ensuring Compliance with Export Controls on International Technology Transfers
Date: June 27 - 28, 2005
Location: Washington, DC, United States

SIA Seminar

Title: Summer Back-To-Basics Conference
Date: July 18-19, 2005
Location: Arlington, VA

Title: Fall Advanced Conference
Date: November 7-8, 2005
Location: Washington, DC

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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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