Vol. 1018-2004

REGULATORY COMPLIANCE NEWSLETTER

NEWS:

The Export Administration Regulations (EAR) are amended to update certain references to the U.S. State Department's Directorate of Defense Trade Controls. The EAR contain references to this agency under its current name and under its former name, the Office of Defense Trade Controls. This amendment will remove the possibility that a member of the public might think that two different offices are being referenced. Effective Date: October 12, 2004.

The Office of Foreign Assets Control (OFAC), Department of Treasury announced major revisions to their watch list on October 13, 14, and 15, 2004. 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.

Defense Trade Controls  (DTC)- Postponement of October 21, 2004 DTAG Plenary

Due to the unexpected official travel of PM Assistant Secretary Bloomfield, the DTAG plenary session scheduled for October 21, 2004 has been postponed. Mr. Bloomfield considers input by DTAG an important element in the development of U.S. defense export control policies, and thus views his participation in the DTAG plenary as critical. As a result the DTAG Secretariat will endeavor to reschedule this meeting. Information regarding a new plenary date will be made public via a Federal Register notice and the Directorate of Defense Trade Controls Web site.

The Bureau of Industry and Security (BIS) has proposed a rule that would revise the knowledge definition in the Export Administration Regulations to incorporate a ``reasonable person’’ standard and to replace the phrase ``high probability'' with the phrase ``more likely than not.'' It also would update the ``red flags'' guidance and would provide a safe harbor from liability arising from knowledge under that definition. Comments on the proposed rule must be received by November 12, 2004.

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

•  ABBAKAR MUHAMAD, Abdul Aziz, Peshwar, PAKISTAN
  Privileges affected: IARA Director; DOB 1961; POB Sudan; Passport 562605 (Sudan) issued 28 Oct 1998.
  Effective date: 10/13/04
  Expiration date: UNTIL RESCINDED

•  ACCIRENT S.A., Transversal 9C No. 130C-26 Ofc. 401, Bogota, COLOMBIA
  Privileges affected: NIT # 830088969-0 (Colombia)
  Effective date: 10/14/04
  Expiration date: UNTIL RESCINDED

•  AEROCOMERCIAL ALAS DE COLOMBIA LTDA., Avenida El Dorado Entrada 2 Int. 6, Bogota, COLOMBIA
  Privileges affected: NIT # 800049071-7 (Colombia)
  Effective date: 10/14/04
  Expiration date: UNTIL RESCINDED

•       AEROVIAS ATLANTICO LTDA., Aeropuerto Int. Ernesto Cortisoz Hangar 1, Barranquilla Atlantico, COLOMBIA
  AKA/DBA: a.k.a. AEROATLANTICO LTDA.
  Privileges affected: NIT # 890109958-1 (Colombia)
  Effective date: 10/14/04
  Expiration date: UNTIL RESCINDED

•    AL-SUDANI, Khalid Ahmad Jumah, Amman, JORDAN
  Privileges affected: IARA Middle East Regional Director; Passport H649956 (Sudan) issued 8 Apr 2002.
  Effective date: 10/13/04
  Expiration date: UNTIL RESCINDED

CONFERENCES:

BIS Seminar :

Essentials of Export Controls for Government Employees
November 4, 2004, Washington, DC

SIA 2004 Fall Advanced Conference
November 8-9, 2004. Washington, DC
NOTE: CONFERENCE IS FULL AS OF OCT. 4, 2004. Please note that the registrar's "wait list" is also closed.

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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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