BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

UPS Europe SA 

UPS International, Inc. 

For Exemption Authority 

(Netherlands-Sudan) 

Docket OST-2010- 000 7 

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: dsnialls@ups.com 

Eva Yablonsky 

Attorney 

Corporate Legal 

United Parcel Service Co. 

12380 Morris Road 

Alpharetta, GA 30005 

E-mail: eyablonsky@ups.com 

David L. Vaughan 

Danielle K. Fisher 

Michael B. Chumey 

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 

bchumey@kelleydrye.com 

Attorneys for United Parcel Service 

Date: January 8, 2010 

Note: Any person wishing to support or oppose this Application must file an answer 

with the DOT'S Documentary Services Division by January 25, 2010. Nevertheless, the 

Applicants respectfully request expedited treatment of this Application. The Applicants 

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

DC01/V..\UGD/400887.(> 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

UPS Europe SA 

UPS International, Inc. 

For Exemption Authority 

(Netherlands-Sudan) 

Docket OST-2010-

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 a single one-way air freight forwarding movement transporting 

items of laboratory equipment to analyze and treat tuberculosis from Amsterdam, 

Netherlands to USAID, St. Luke's Hospital, Juba, Sudan between March 1, 2010 and 

April 30, 2010 depending on when the manufacturer prepares the goods. The shipper is 

Svizera Europe B.V., located at 1 Antennestraat 43, Almere 1322 AH Netherlands, which 

is the manufacturer of the equipment. The direct air canier providing the transportation 

will be Ethiopian Airlines, a carrier holding all necessary authority to operate the service. 

Because numerous business arrangements must be made well in advance of this 

shipment, the Applicants request expedited treatment of this Application. 

DCOl/VAUGD/400887.6 
Application for Exemption 

OST-2010-

Page 2 of 5 

The shipment is for humanitarian puiposes and for the relief of human suffering — 

categories of goods the Department has consistently exempted from its Sudan 

restrictions. 

1. The Applicants are requesting an exemption from the DOT's 

Sudan Order, which imposes the following conditions on all pemiits 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: 

(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'S Sudan Order was issued pursuant to Executive Order 13067, 

November 3, 1997, published at 62 Fed. Reg. 59987-59990 on November 5, 1997 (the 

"Executive Order"). Section 2(b) of the 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." The DOT's Sudan Order, 

however, does not address such exceptions, but rather, strictly prohibits virtually all 

transactions involving transportation of cargo to and from Sudan. As a result, the 

DCOl/VAUGD/400887.6 
Application for Exemption 

OST-2010-

Page 3 of 5 

Applicants require an exemption from the conditions imposed by the Department's Sudan 

Order to pennit UPS Europe SA to transport this equipment to Sudan. This medical 

equipment qualifies as "articles intended to relieve human suffering." 

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

requested exemption would not undemiine, or in any way be contrary to, the national 

security or foreign policy objectives of the Executive Order, but would facilitate the 

shipment of charitable and necessary medical equipment for the benefit of the people of 

Sudan. 

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

incorporated in Belgium. UPS International, Inc., a Delaware coiporation, holds a 

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. 

Because the foi'warder involved here, UPS Europe SA is incotporated in 

Belgium, and because none of the goods involved here will touch the United States, and 

none of the transportation being provided involves a stop in the United States, it may well 

be that this shipment is outside the jurisdiction of the DOT. Should the DOT agree that 

this is the case, the Applicants request a disclaimer of jurisdiction. 

3. Approval of this Application is consistent with longstanding 

precedent. For example, the DOT authorized Polet Airlines to deliver Christmas gifts to 

DC01/VAUGD/40()887.(i 
Application for Exemption 

OST-2010-

Page 4 of 5 

Khartoum, Sudan because the delivery was "in the public interest." See Notice of Action 

Taken, December 8, 2004, (Docket OST 2004-19846). The DOT authorized Antonov 

Design Bureau to operate a cargo charter flight carrying "shoebox" gifts for children to 

Khartoum, Sudan, see Notice of Action Taken, January 16, 2003, (Docket OST-2003-

14288) and another flight from New York City, New York to Khartoum, Sudan, see 

Notice of Action Taken, November 28, 2003, (Docket OST-2003-16563). 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). This shipment 

of this equipment to combat tuberculosis clearly meets the "humanitarian relief and 

"relief of human suffering" standards. 

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 can'iers, and will advise 

the Department immediately upon receipt of the polling results. 

DC01/VAUGD/400887.(> 
Application for Exemption 

OST-2010-

Page 5 of 5 

WHEREFORE, the Applicants respectfully request that the Department 

grant the above-described exemption or, in the alternative, disclaim jiu"isdiction over this 

movement, and grant such other and further relief as the Department may deem 

consistent with the public interest. 

David L. Vaughan V 

Danielle K. Fisher 

Michael B. Chumey 

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 

bchumey@kelleydrye.com 

Counsel for United Parcel Service 

Date: January 8, 2010 

DC01/VAUGD/4()0887.() 
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 

Bailey Leopard 

Blair Berselli 

Kevin P. Montgomery 

Russell Pommer 

Kalitta 

Federal Express 

Evergreen 

Polar Air 

Atlas Air 

matvvood@sherblackwell.com 

gbleopard@fedex.com 

blair.berselli@evergreenairlines.com 

kevin.montgomery@polaraircargo.com 

rpommer@atlasair.com 

^:.\ \-. V).-.. 

DC0l/VAU(JD/400887.6