Vol. 1220-2004

REGULATOR Y COMPLIANCE NEWSLETTER

NEWS:

The Office of Foreign Assets Control ("OFAC'') is revising the Cuban Assets Control Regulations, the Sudanese Sanctions Regulations, and the Iranian Transactions Regulations to add general licenses pertaining to certain publishing activities. Effective Date: December 17, 2004.

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

D-Trade

Developments—Several modifications are being made to the current electronic Form DSP-5, many of which will also be applied to other DSP application forms under development. The changes range from the “cosmetic” improvements and simple clarifications to substantive alterations to better address regulatory requirements and facilitate use. Upcoming changes include: Modification to the Applicant Statement; Relocate signature block at the end of the application; The ability to delete an entry from a continuation page; Expand Block 10 (Commodity Description) to 500 characters; Block 9, 10 and 12 will become required fields; Block 15 – Adding a Country pick list; Additional attachments, e.g., 126.13 Eligibility Letter, Transaction Exception Request, Firearms and Ammunitions Import Permit, Part 130 Report, Sec. 126.8 Prior Approval.

E-Registration—Electronic registration is expected to come online in 2005. The new form will accommodate new and renewal applications. Online payment will be made via Department of Treasury Pay.Gov system. Form of payment accepted: Automated Clearing House (ACH) Direct Debit; Credit Cards.

Technical Assistance Agreement (TAA) and Manufacturing Licensing Agreement (MLA)—The processing of TAAs via D-Trade was temporarily suspended in August 2004. This action was taken after a review of industry user comments. The design and development of an electronic form that allows for processing of both MLAs and TAAs is well under way. The new form includes features that will streamline industry submissions and will facilitate DDTC review. A separate announcement regarding its availability is expected to be announced shortly.

Electronic Issuance—In Early 2005, DDTC expects to implement electronic issuance of licenses for applications submitted via D-Trade. Applicants will be notified of final actions, via D-Trade status page, and advised how to retrieve the documentation electronically. No hardcopy documents will be mailed or be made available for pick-up for those cases.

DoD USXports—Due to DoD requests that industry create PDF text readable (“searchable PDF”) documents, DDTC strongly encourages the use of PDF text readable documents supporting documentation for the D-Trade electronic forms. With the initiation of electronic issuance of license, use of searchable PDF may become a requirement.

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*, IRAN
  Privileges affected: Unless licensed by OFAC, goods, technology (including technical data or other information subject to Export Administration Regulations), or services may not be exported, re-exported, sold or supplied, directly or indirectly, from the United States or by a U.S. person, wherever located, to Iran or the Government of Iran. The ban on providing services includes any brokering function from the United States or by U.S. persons, wherever located. (Title 31 Part 550); Updates on 69 FR 75468;
  Effective date: 08/19/97, Expiration date: UNTIL RESCINDED
  F.R. Date: 12/17/2004, Citation: 69 FR 7546

• *ENTIRE COUNTRY*, SUDAN
  Privileges affected: Effective November 4, 1997, all property and interests in property of the Government of Sudan, including its agencies, instrumentalities and controlled entities and SDNs, in the United States or in the possession or control of a U.S. person, including their overseas branches, are blocked.(Title 31 Part 538); Updates on 69 FR 75468;
  Effective date: 06/09/99, Expiration date: UNTIL RESCINDED
  F.R. Date: 12/17/2004, Citation: 62 FR 59989; 69 FR 75468

• *ENTIRE COUNTRY*, CUBA
  Privileges affected: Prohibits U.S. citizen or permanent resident alien, wherever located, and no foreign subsidiary or branch of a U.S. organization to export products, technology, or services to Cuba or to any Cuban national, wherever they may be located, or broker the sale of goods or commodities to or from Cuba or any Cuban national. (Title 31 Part 515); Updates on 69 FR 75468;
  Effective date: 05/13/99, Expiration date: UNTIL RESCINDED
  F.R. Date: 12/17/2004, Citation: 64 FR 25808; 69 FR 75468

• *ENTIRE COUNTRY* IVORY COAST
  Privileges affected: All licenses and other approvals to export or otherwise transfer defense articles and defense services to Cote d Ivoire (Ivory Coast) are suspended until further notice pursuant to Sections 38 and 42 of the Arms Export Control Act (AECA). These actions have been taken in accordance with U.N. Security Council Resolution 1572, unanimously passed on November 15, 2004, which imposes an embargo on the export of arms and related material.
  Effective date: 12/14/04, Expiration date: 12/15/2005

CONFERENCES:

OCR 2005 USER Conference

Title – “Using OCR Solutions Effectively”
Date: March 7, 2005, Time: 8:30 AM to 4:30 PM

The conference will focus on the latest updates from BIS and DDTC, Regulatory Requirements, and Highlights from Industry Experts who use OCR Solutions to meet Export/Import Compliance.

Venue: Hyatt Newporter, Newport Beach, California.
Registration: http://ocr.ocr-inc.com/request.asp
Hotel Accommodations: http://newporter.hyatt.com/property/index.jhtml

BIS Seminars

Title: Complying with U.S. Export Controls
Date: January 25-26, 2005
Location: Santa Clara, CA

Title: Complying with U.S. Export Controls
Date: February 9-10, 2005
Location: Manhattan Beach, CA

AAEI Seminar

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

American Conference Institute Seminars

Title: Mitigating Risk and Navigating Interdependencies in Defense Industry Compliance
Date: February 24 - 25, 2005
Location: The Westin Embassy Row, Washington, DC, United States

Title: Advanced Forum on Import Compliance
Date: February 28 - March 1, 2005
Location: The Four Seasons, Washington, D.C., United States

SUPPORT:

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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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