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BIS Final Rule Allows Certain Organizations to Export Basic Communications Equipment to Sudan for Humanitarian Purposes, Etc

The Bureau of Industry and Security (BIS) has issued a final rule, effective February 18, 2005, which amends License Exception TMP (15 CFR 740.9) in order to allow certain organizations, as well as their staff and employees, to export basic communications equipment to Sudan for up to one year to be used in the activities of those organizations to relieve human suffering.

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According to BIS, basic communications equipment includes items such as cell phones, personal computers, personal digital assistants, global positioning systems, or similar satellite received and related software.

Orgs & Persons Allowed to Export Basic Communications Equipment to Sudan

BIS' final rule states that exports of basic communications equipment may be made to made to Sudan by the following organizations and persons (see final rule for description of the commodities and software allowed under this revised exemption):

(1) Non-governmental organizations that are engaged in activities to relieve human suffering in Sudan and that are registered by the Office of Foreign Assets Control (OFAC) pursuant to 31 CFR 538.521; or

(2) Organizations that are authorized by OFAC to take actions, for humanitarian purposes, that otherwise would be prohibited by the Sudanese Sanctions Regulations (31 CFR Part 538); or

(3) staff or employees of either such type of organization.

BIS notes, among other things, that reexports are not authorized under this final rule. BIS also notes that commodities and software exported under this exemption must remain under the "effective control" of the exporter, or its employees and staff.

See final rule for complete details of the regulations governing this revised exemption.

BIS Contact - Eric Longnecker (202) 482-5537

BIS Final Rule (D/N 050209030-5030-01, FR Pub 02/18/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-3215.pdf