BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. . c-: 0 "). ;1 , ".J q 

Application of 

UPS Europe SA 

UPS International, Inc. 

For Exemption 

(Sudan) 

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Docket OST-2011- t7~ JO 

APPLICATION OF UPS EUROPE SA AND UPS INTERNATIONAL, INC. 

FOR AN EXEMPTION 

Communications with respect to this document should be addressed to: 

Dontai L. Smalls 

UPS Public Affairs 

316 Pennsylvania Avenue, S.E., Suite 300 

Washington, D.C. 20003 

E-mail: dsmalls@ups.com 

Eva Yablonsky 

Attorney 

Corporate Legal 

United Parcel Service Co. 

12380 Morris Road 

Alpharetta, GA 30005 

E-mail: eyablonsky@ups.com 

Date: February 15,2011 

David L. Vaughan 

Danielle K. Fisher 

Kelley Drye & Warren LLP 

3050 K Street, N.W., Suite 400 

Washington, D.C. 20007-5108 

(202) 342-8462 

Fax: (202) 342-8452 

E-mail: dvaughan@kelleydrye.com 

dfisher@kelleydrye.com 

Attorneys for United Parcel Service 

Note: The Applicants respectfully request expedited treatment of this Application and 

will poll all persons on the service list for an immediate response. 
Application of 

UPS Europe SA 

UPS International, Inc. 

For Exemption 

(Sudan) 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

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) 

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Docket OST-2011-__ _ 

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APPLICATION OF UPS EUROPE SA AND UPS INTERNATIONAL, INC. 

FOR AN EXEMPTION 

UPS Europe SA ("UPS Europe SA") and UPS International, Inc. ("UPS 

International") (collectively the "Applicants") hereby apply for an exemption from the 

provisions of the Department's Order No. 98-2-5 ("Sudan Order") so as to permit the 

Applicants to operate two one-way air freight forwarding movements from Mumbai, 

India to Juba, Sudan to transport medicine to treat malaria. The details of the flights are 

attached hereto as Exhibit A. The Applicants request expedited treatment of this 

Application. 

1. The Applicants request an exemption from the DOT's Sudan 

Order, which imposes the following conditions on all permits and exemptions held by 

U.S. and foreign direct and indirect air carriers: 

Effective immediately, and until further order of the Department, the holder and 

its agents: 
Application for Exemption 

OST-2011-

Page 2 of5 

(a) shall not sell in the United States any transportation of cargo by air that 

includes a stop in Sudan, ... 

Effective immediately, and until further order of the Department, the holder and 

its agents may not engage in any transaction in the United States relating to air 

transportation of cargo to or from Sudan. 

The Order further prohibits the selling of "any transportation of cargo to or from Sudan 

anywhere in the world." 

The DOT issued the Sudan Order pursuant to Executive Order 13067 

issued on November 3,1997 (the "1997 Executive Order"). Section 2(b) of the 1997 

Executive Order prohibits the exportation of goods from the United States to Sudan, 

"except for donations or articles intended to relieve human suffering, such as food, 

clothing and medicine." On October 13,2006, President George W. Bush issued 

Executive Order 13412 lifting some of the restrictions imposed by the 1997 Executive 

Order (the "2006 Executive Order"). Specifically, the 2006 Executive Order lifted the 

prohibitions on transactions in Southern Sudan and transactions involving the official 

business of the Federal Government or the United Nations. The Sudan Order does not 

address the exceptions set forth in the 1997 Executive Order or the 2006 Executive 

Order, but rather, strictly prohibits virtually all transactions involving transportation of 

cargo to and from Sudan. 

The DOT has not amended the Sudan Order to lift some of the restrictions 

on service to Sudan in accordance with the 2006 Executive Order. Therefore, the 

Applicants require an exemption from the conditions imposed by the Sudan Order to 
Application/or Exemption 

OST-2011-

Page 3 of5 

permit the Applicants to transport the medicine to Sudan. Since the Applicants will 

transport donated medicines "intended to relieve human suffering", the 1997 Executive 

Order clearly exempts such shipments from the restrictions. The donations in this case 

are being made by USAID. 

In addition, the Applicants are transporting the medicine pursuant to a 

contract with USAID and therefore, the shipments qualify as official business of the 

United States. The 2006 Executive Order exempts transactions involving official 

business of the Federal Government from the restrictions set forth in the 1997 Executive 

Order. Thus, the flights are exempt from the restrictions of the Executive Orders for two 

reasons--they are donations for the relief of human suffering and they are being flown on 

official business of the U.S. Government. Furthermore, the flights are destined for 

Southern Sudan, an area that the 2006 Executive Order exempts from the restrictions of 

the 1997 Executive Order. 

Approval of this Application is clearly in the public interest. Granting the 

requested exemption is consistent with both Executive Orders and would not undermine, 

or in any way be contrary to, the national security or foreign policy objectives of the 

Executive Orders, but would facilitate the shipment of charitable and necessary medicine 

for the benefit of the people of Sudan. 

2. The forwarder transporting the goods is UPS Europe SA which is 

incorporated in Belgium. UPS International, Inc., a Delaware corporation, holds a 
Application for Exemption 

OST-2011-

Page 4 of5 

99.99% ownership interest in UPS Europe SA. UPS International, Inc. is part of the 

United Parcel Service family of companies which provide a wide array of transportation 

services, including interstate, overseas and foreign direct and indirect air transportation. 

3. The manufacturer shipping the medicine is Premier Medical 

Corporation Limited located at 32-35 Shri Ganesh Industrial Estate, Kachigam, Nani 

Daman, India. The direct air carriers that the Applicants plan to use to provide the 

transportation will hold all necessary authority to operate the services. 

4. Approval of this Application is consistent with the Executive 

Orders and longstanding DOT precedent. For example, the DOT recently authorized the 

Applicants to deliver donated medicine and laboratory equipment to Sudan. See Notice 

of Action Taken, Oct. 20,2010 (Docket OST-2010-0257); Notice of Action Taken, Aug. 

27,2010 (Docket OST-2010-0210); Notice of Action Taken, May 20,2010 (Docket 

OST-2010-0128); Notice of Action Taken, April 20, 2010 (Docket OST-2010-0085); 

Notice of Action Taken, March 3, 2010 (Docket OST 2010-0007). There are numerous 

other instances of the Department's permitting air transportation of items for 

humanitarian relief, the relief of human suffering or public works projects for the benefit 

of the people of Sudan. See, Notice of Action Taken, February 11,2005, (Docket OST2005-20368); Notice of Action Taken, January 26, 2005, (Docket OST-2005-20164); 

Notice of Action Taken, December 2, 2004, (Docket OST -2004-19828). 
Application for Exemption 

OST-2011-

Page 5 of5 

With respect to service of this Application, Section 302.304 of the 

Department's Procedural Regulations provides no service requirements in that this 

movement consists of indirect air transportation between two foreign points. 

Nevertheless, the Applicants are serving the principal U.S. operators of large all-cargo 

aircraft listed in the attached certificate of service, will poll those carriers, and will advise 

the Department immediately upon receipt of the polling results. 

WHEREFORE, the Applicants respectfully request that the Department 

grant the above-described exemption and grant such other and further relief as the 

Department may deem consistent with the public interest. 

Date: February 15,2011 

DavId . " L. Vaughan 

Danielle K. Fisher 

Kelley Drye & Warren LLP 

3050 K Street, N.W., Suite 400 

Washington, DC 20007-5108 

Phone: (202) 342-8462 

Fax: (202) 342-8451 

E-mail: dvaughan@kelleydrye.com 

dfisher@kelleydrye.com 

Counsel for Applicants 
Exhibit A 

Destination Shipper Product Destination Estimated Ship 

Date Range 

Origination 

Juba Premier Medical First Resposne Malaria India Sudan 02/2112011 -

Corporation Limited AG HRP2 Card Tests Ministry of 04/30/2011 

Health 

Juba Premier Medical First Resposne Malaria India Sudan 02/2112011 -

Corporation Limited AG HRP2 Card Tests Ministry of 04/30/2011 

Health 
CERTIFICATE OF SERVICE 

I hereby certify that I have this day served the foregoing document by 

electronic mail on all persons named below: 

Mark W. Atwood 

Nancy Sparks 

Blair Berselli 

Kevin P. Montgomery 

Russell Pommer 

Kalitta 

Federal Express 

Evergreen 

Polar Air 

Atlas Air 

matwood@cozen.com 

nssparks@fedex.com 

blair.berselli@evergreenairlines.com 

kevin.montgomery@polaraircargo.com 

rpommer@atlasair.com