BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.
Application of UPS Europe SA UPS International, Inc. For Exemption (Sudan) ) ) ) ) ) ) ) ) ) Docket OST-2010- 

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APPLICATION OF UPS EUROPE SA AND UPS INTERNATIONAL, INC. FORAN EXEMPTION
Communications with respect to this document shouldbe 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: October 13,2010 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 onthe service list for an immediate response.Application of UPS Europe SA UPS International, Inc. ForExemption (Sudan) BEFORETHE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.
) ) ) ) ) ) ) ) Docket OST-2010-



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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") (collectivelythe "Applicants")hereby apply for an exemption from the provisions ofthe Department's OrderNo. 98-2-5 ("Sudan Order") so as to permit the Applicants to operate four one-way air freight forwarding movements from Schiffweiler, Germany and Daman, Indiato Sudanto transport medicine to treattuberculosis. The details ofthe flights are attached hereto as Exhibit A. The Applicants request expedited treatment ofthis Application.
1. The Applicants request an exemption from the DOT's Sudan Order, which imposes the following conditions onall 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 ExemptionOST-20IOPage 2 of5 (a) shall not sell inthe United States any transportation ofcargo by air that 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 States relating to air transportation ofcargo to or from Sudan. The Order further prohibits the selling of"any transportation ofcargo to or from Sudan anywhere in the world." The DOT issued the Sudan Orderpursuant to Executive Order 13067 issued on November 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 on transactions 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, butrather, strictly prohibits virtually all transactions involving transportation of cargo to and from Sudan.
The DOThas not amendedthe 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 OrdertoApplication for Exemption OST-2010- Page 3 of5 permitthe Applicants to transport the medicine to Sudan. Sincethe Applicants will transport donated medicines "intendedto 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 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 and they are being flown on official business ofthe U.S. Government. Furthermore, two ofthe flights are destined for Southern Sudan, an areathatthe 2006 Executive Order exempts from the restrictions ofthe 1997 Executive Order. Approval ofthis Application is clearly inthe 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 orforeign policy objectives ofthe Executive Orders, but would facilitate the shipment ofcharitable and necessary medicine for the benefit ofthepeople 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-2010- Page 4 of5 99.99% ownership interest in UPS Europe SA. UPS International, Inc. is part ofthe United Parcel Service family ofcompanies which provide a wide array oftransportation services, including interstate, overseas and foreign direct and indirect air transportation.
3. The manufacturers shipping the medicine are: (1) Fatol Arzneimittel PremierMedical Corporation Limited, located at Robort-Koch-Strasse Schiffweiler D-66578 Germany; and (2) McLeods Pharmaceuticals Ltd., located at 304 AtlantaArcade, Church Road, Andheri (East) Mumbai, India. The direct air carriers that the Applicants planto use to provide the transportation will hold all necessary authority to operate the services.
4. Approval ofthis Application is consistent with the Executive Orders and longstanding DOTprecedent. For example, the DOT recently authorized the Applicants to deliver donated medicine and laboratory equipmentto Sudan. See Notice ofAction Taken, Aug. 27,2010 (Docket OST-201 0-0210); 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 otherinstances ofthe Department's permitting air transportation of items for humanitarianrelief, the reliefofhuman suffering or public works projects for the benefit ofthe people ofSudan. See, Notice ofAction Taken, February 11,2005, (Docket OST-2005-20368); Notice ofAction Taken, January 26,2005, (Docket OST2005-20164); Notice ofAction Taken, December 2, 2004, (Docket OST-2004-19828).Application for Exemption OST-2010- Page 5 of5 With respect to service ofthis Application, Section 302.304 ofthe Department's Procedural Regulations provides no service requirements 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 in the attached certificate ofservice, will poll those carriers, and will advise the Departmentimmediately upon receipt ofthe pollingresults. WHEREFORE, the Applicants respectfully request thatthe Department grantthe above-described exemption and grant such other and further reliefas the Department may deem consistentwiththe public interest.

Date: October 13, 2010 

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vid 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 Origination Range Juba Fatol Arzneimittel Ethambutol Tablets Germany Sudan 10114/2010 Ministry of
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Health 12/31/2010 Juba Fatol Arzneimittel Ethambutol Tablets Germany Sudan 10114/2010 Ministry of
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Health 1213112010 Khartoum McLeods Pharmaceuticals Ltd. Rifampicin/IsoniazidPyrazinamide India National 1011412010 Tablets Tuberculosis

- Program 12/31/2010 Manager 1 Ministry of

Health Khartoum McLeods Pharmaceuticals Ltd. RifampiciniIsoniazidPyrazinamide India National 10114/2010 Tablets Tuberculosis
- Program 12131/2010 Manager 1 Ministry of

HealthCERTIFICATE OF SERVICE
Ihereby certifythat Ihave this day served the foregoing document by electronic mail on all persons named below:
Mark W. Atwood Nancy Sparks BlairBerselli Kevin P. Montgomery Russell Pommer Kalitta Federal Express Evergreen Polar Air Atlas Air matwood@sherblackwell.com nssparks@fedex.com blair.berselli@evergreenairlines.com kevin.montgomery@polaraircargo.com rpommer@atlasair.com