BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

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, ".Jq Application of UPS Europe SA UPS International, Inc. For Exemption (Sudan) ) ) ) ) ) ) ) ) ) Docket OST-2011-

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APPLICATION OF UPS EUROPE SAAND UPS INTERNATIONAL, INC. FORAN 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 ofthis 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.
) ) ) ) ) ) ) ) Docket OST-2011-
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APPLICATION OF UPS EUROPE SA AND UPS INTERNATIONAL, INC. FORAN EXEMPTION UPS Europe SA ("UPS Europe SA") and UPS International, Inc. ("UPS International") (collectively the "Applicants") hereby apply for an exemption from the provisions ofthe Department's OrderNo. 98-2-5 ("Sudan Order") so as to permitthe Applicants to operate two one-way air freight forwarding movements from Mumbai, Indiato Juba, Sudan to transport medicine to treat malaria. The details ofthe flights are attached hereto as Exhibit A. The Applicants request expedited treatment ofthis Application.
1. The Applicants request an exemptionfrom 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 ofthe Department, the holder and its agents:Application for Exemption OST-2011- Page 2 of5 (a) shall not sell in the United States any transportation ofcargo by airthat includes a stop in Sudan,
... Effective immediately, and until further order ofthe Department, the holder and its agents may not engage in any transaction in the United Statesrelating to air transportation ofcargo to or from Sudan. The Order further prohibits the selling of"anytransportation ofcargo to or from Sudan anywhere inthe world." The DOT issued the Sudan Orderpursuant to Executive Order 13067 issued onNovember 3,1997 (the "1997 Executive Order"). Section 2(b) ofthe 1997 Executive Orderprohibits the exportation ofgoods from the United States to Sudan, "exceptfor 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 ofthe restrictions imposed by the 1997 Executive Order (the "2006 Executive Order"). Specifically, the 2006 Executive Order lifted the prohibitions ontransactions in Southern Sudan and transactions involving the official business ofthe Federal Government orthe UnitedNations. 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 DOThas not amended the Sudan Order to lift some ofthe 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/orExemption OST-2011- Page 3 of5 permitthe Applicants to transport the medicine to Sudan. Since the Applicants will transport donated medicines "intendedto relieve human suffering", the 1997 Executive Order clearly exempts such shipments from the restrictions. The donations inthis case
are being made by USAID.
In addition, the Applicants are transporting the medicine pursuantto a contract with USAID and therefore, the shipments qualify as official business ofthe United States. The 2006 Executive Order exempts transactions involving official business ofthe Federal Government from the restrictions set forth inthe 1997 Executive Order. Thus, the flights are exempt from the restrictions ofthe Executive Orders for two reasons--they are donations for the reliefofhuman suffering andthey are being flown on official business ofthe U.S. Government. Furthermore, the flights are destined for Southern Sudan, an areathat the 2006 Executive Order exempts from the restrictions of the 1997 Executive Order. Approval ofthis 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 ofthe Executive Orders, but would facilitate the shipment ofcharitable and necessary medicine for the benefit ofthe people ofSudan.
2. The forwarder transporting the goods is UPS Europe SA which is incorporated in Belgium. UPS International, Inc., a Delaware corporation, holds aApplication for Exemption OST-2011- Page 4 of5 99.99% ownership interest in UPS Europe SA. UPS International, Inc. is part ofthe United Parcel Service family ofcompanies whichprovide a wide array oftransportation services, including interstate, overseas and foreign direct and indirect airtransportation.
3. The manufacturer shipping the medicine is PremierMedical CorporationLimited located at 32-35 Shri Ganesh Industrial Estate, Kachigam, Nani Daman, India. The direct air carriers thatthe Applicants planto use to provide the transportation will hold all necessary authority to operate the services.
4. Approval ofthis Application is consistent withthe Executive Orders and longstanding DOTprecedent. For example, the DOTrecently authorized the Applicants to deliver donated medicine and laboratory equipmentto Sudan. See Notice ofAction Taken, Oct. 20,2010 (Docket OST-2010-0257); Notice ofActionTaken, Aug. 27,2010 (Docket OST-2010-0210); Notice ofAction Taken, May 20,2010 (Docket OST-2010-0128); Notice ofAction Taken, April 20, 2010 (Docket OST-2010-0085); Notice ofAction Taken, March 3, 2010 (Docket OST 2010-0007). There are numerous other instances ofthe Department's permitting air transportation ofitems for humanitarianrelief, the reliefofhuman suffering orpublic works projects for the benefit ofthe people ofSudan. See, Notice ofAction Taken, February 11,2005, (Docket OST2005-20368); Notice ofAction Taken, January 26, 2005, (Docket OST-2005-20164); Notice ofAction Taken, December 2, 2004, (Docket OST-2004-19828).Application for Exemption OST-2011- Page 5 of5 With respect to service ofthis Application, Section 302.304 ofthe Department's Procedural Regulations provides no servicerequirements in that this movement consists ofindirect air transportation betweentwo foreign points. Nevertheless, the Applicants are serving the principal U.S. operators oflarge all-cargo aircraft listed inthe attached certificate ofservice, will poll those carriers, and will advise the Department immediately upon receipt ofthe polling results. WHEREFORE, the Applicants respectfully request thatthe Department grantthe above-described exemption and grant such other and further reliefas the Department may deem consistent withthe 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 ApplicantsExhibitA 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 HealthCERTIFICATE OF SERVICE
Ihereby certify that Ihave this day served the foregoing documentby electronic mail on all persons named below:
Mark W. Atwood Nancy Sparks Blair Berselli Kevin P. Montgomery Russell Pommer Kalitta Federal Express Evergreen PolarAir Atlas Air matwood@cozen.com nssparks@fedex.com blair.berselli@evergreenairlines.com kevin.montgomery@polaraircargo.com rpommer@atlasair.com