OFAC Seeks Comments on Export Licensing Procedures for Certain Agricultural and Medical Goods to Sudan, Libya, and Iran
The Treasury Department's Office of Foreign Assets Control (OFAC) has issued a notice requesting comments concerning the effectiveness of its licensing procedures implementing the Trade Sanctions Reform and Export Enhancement Act of 2000 (Act, Title IX of P.L. 106-387) for the exportation of agricultural commodities, medicine, and medical devices to Sudan, Libya (see below), and Iran.
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OFAC states that these comments will be considered in developing a biennial report to Congress on the operation of licensing procedures for such exports.
According to OFAC, this biennial report is to include the following information: the number and types of licenses applied for; the number and types of licenses approved; the average amount of time elapsed from the date of filing of a license application until the date of its approval; and the extent to which the licensing procedures were effectively implemented. The report will also include a description of comments received from interested parties about the extent to which the licensing procedures were effective.
Libya No Longer Subject to Export Licensing Procedures for Ag & Medical Goods
In a footnote, OFAC states that effective April 29, 2004, General License of April 23, 2004 and 31 CFR Part 550 (Libya Sanctions Regulations (LSR)) authorize U.S. persons to engage in most transactions previously prohibited by the LSR, including the exportation and reexportation of goods, software, or technology by U.S. persons to Libya or the Government of Libya.
Accordingly, specific licenses issued by OFAC for the export of agricultural commodities, medicine, and medical devices to Libya are no longer required pursuant to the LSR. OFAC notes that this authorization does not, however, eliminate the need to comply with other provisions of law, including the Export Administration Regulations (EAR), which are administered by the Department of Commerce (DOC).
OFAC sources explain that although Libya is no longer subject to these requirements, OFAC is soliciting comments with respect to Libya because it was subject to licensing procedures for part of the time period covered in the biennial report to Congress.
(See ITT's Online Archives or 04/30/04 news, 04043010 and 04043015, for BP summaries of the lifting of most import/export sanctions against Libya and the new policy for exports/reexports to Libya, respectively.
See ITT's Online Archives or 07/16/01 news, 01071616, for BP summary of the liberalization of export controls on food, medicines, and medical devices to these countries and Cuba.)
-written comments should be received on or before September 8, 2004
OFAC Contact - Licensing Division (202) 622-2480
OFAC Notice (FR Pub 08/09/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-17954.pdf