Vol. 1122-2004

REGULATORY COMPLIANCE NEWSLETTER

NEWS:

The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing the following four Russian entities from the Entity List: Europalace 2000, Grafit (aka State Scientific Research Institute of Graphite or NIIGRAFIT), MOSO Company, and The Scientific Research and Design Institute of Power Technology (aka NIKIET, Research and Development Institute of Power Engineering (RDIPE), and ENTEK), and by removing certain license requirements for exports and reexports to these entities, in conformance with a determination of the Department of State to remove nonproliferation measures imposed on these entities in 1998 and 1999. Effective Date: November 15, 2004.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is revising, in a temporary rule, its list of materials authorized for the treatment of wine and juice, and its list of processes authorized for the treatment of wine, juice, and distilling material. Specifically, they are adding new material and process listings, and amending the limitations for some existing listings pertaining to wine and juice. They are seeking comments from all interested parties on our view that the materials and processes covered by these changes are consistent with good commercial practice in the production, cellar treatment, or finishing of juice or standard wine. Effective Date: November 19, 2004. Comments must be received on or before January 18, 2005.

The U.S. Customs and Border Protection (CBP) Commissioner Robert C. Bonner announced new measures that have been agreed to by the EU and the U.S. to strengthen the security of maritime container transport.

The measures will facilitate legitimate trade through mutually acceptable security standards and industry partnership programs. The measures have been adopted in the framework of the signed agreement to extend the EU/U.S. Customs Agreement to include trade security co-operation.

The measures adopted include the creation of an information exchange network, the agreement on minimum requirements applicable for European ports that wish to participate in the U.S. Container Security Initiative (CSI) and identification of best practices concerning security controls of international trade.

Commissioner Bonner said that as a result of cooperation with the EU and its Member States, the Container Security Initiative (CSI) has already been implemented at 20 European seaports, covering 86% of the outbound cargo containers that move through Europe to United States seaports. Bonner noted that CSI is fully reciprocal.

The measures also include a pilot project that focuses on shipments transiting through both the U.S. and the EU in view of testing the feasibility of exchanging cargo information on transshipments and freight remaining on board to enable customs authorities to identify, monitor and assess the risk associated with transshipments.

At the invitation of the U.S., the EU will post liaison officers at the Customs and Border Protection (CBP) National Targeting Center, which will further improve the exchange of information, the sharing of best practices and the refinement of common risk indicators with regard to the terrorist threat.

In view of facilitating legitimate trade while securing the supply chain, EU and U.S. experts will study the industry partnership programs applied in the EU and the U.S. The outcome of the study will support further cooperation towards the development of mutually acceptable industry partnership programs, such as the Customs-Trade Partnership Against Terrorism (C-TPAT).

Recognizing that emerging technologies can promote greater efficiency and can improve security in the international supply chain, the U.S. and the EU are establishing a joint group of experts to explore innovative developments and their application.

These measures are a result of the implementation of the EU-U.S. Agreement on CSI signed in April 2004 and will be followed by further measures aimed at improving security for both the EU and the U.S.

The Office of Foreign Assets Control (OFAC), Department of Treasury announced major revisions to their watch list on November 17, 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.

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

·      A G REPRESENTACIONES LTDA., Calle 20N No. 5N-26 Of. 102, Cali, COLOMBIA
Privileges affected: NIT # 800132578-3 (Colombia)
Effective date: 11/17/04
Expiration date: UNTIL RESCINDED

·       A G REPRESENTACIONES LTDA., Calle 22 Norte No. 9-43, Cali, COLOMBIA
Privileges affected: NIT # 800132578-3 (Colombia)
Effective date: 11/17/04
Expiration date: UNTIL RESCINDED

·       ALERO S.A., Carrera 7 No. 34-341 Bodega 3, Cali, COLOMBIA
Privileges affected: NIT # 800239872-5 (Colombia)
Effective date: 11/17/04
Expiration date: UNTIL RESCINDED

·       ARDILA HUYO, Jorge Armando, c/o INTERNACIONAL DE DIVISAS S.A., Cali, COLOMBIA
AKA/DBA: a.k.a. c/o INTERNACIONAL DE DIVISAS S.A.; a.k.a. c/o INTERNACIONAL DE DIVISAS S.A., LLC,.; a.k.a. c/o OBURSATILES S.A..; a.k.a. c/o A G REPRESENTACIONES LTDA..; a.k.a. c/o GALAVIZ CORPORATION, LTD..; a.k.a. GALAVIZ CORPORATION, LTD..; a.k.a. c/o GALAVIZ CORPORATION, LTD..; a.k.a. c/o VALORCORP S.A.
Privileges affected: DOB 7 Feb 1960; Cedula No. 16448389 (Colombia); Passport 16448389 (Colombia).
Effective date: 02/05/03
Expiration date: UNTIL RESCINDED

·      ARDILA HUYO, Jorge Armando, c/o VALORCORP S.A., Bogota, COLOMBIA
AKA/DBA: a.k.a. c/o INTERNACIONAL DE DIVISAS S.A.; a.k.a. c/o INTERNACIONAL DE DIVISAS S.A., LLC,.; a.k.a. c/o OBURSATILES S.A..; a.k.a. c/o A G REPRESENTACIONES LTDA..; a.k.a. c/o GALAVIZ CORPORATION, LTD..; a.k.a. GALAVIZ CORPORATION, LTD..; a.k.a. c/o GALAVIZ CORPORATION, LTD..; a.k.a. c/o VALORCORP S.A.
Privileges affected: DOB 7 Feb 1960; Cedula No. 16448389 (Colombia); Passport 16448389 (Colombia).
Effective date: 11/17/04
Expiration date: UNTIL RESCINDED

CONFERENCES:

OCR 2005 USER Conference

Title – “Using OCR Solutions Effectively”
Date: March 7, 2005, Time: 8:30 AM to 4:30 PM
Venue: Hyatt Newporter, Newport Beach, California.
Registration: http://ocr.ocr-inc.com/request.asp
Hotel Accommodations: http://newporter.hyatt.com/property/index.jhtml

(The Hotel has agreed for an OCR group discount rate of $100 per day. Please ask for the discount rates if you are planning to stay at the venue.)

BIS Seminar:

Title: Essentials of Export Controls
Date: December 2, 2004
Location: Austin, TX

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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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