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-2011-

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 

Anita M. Mosner 

Jennifer M. Nowak 

Holland & Knight LLP 

2099 Pennsylvania Ave., N.W., Suite 100 

Washington, D.C. 20006 

(202)419-2604 

Fax: (202)995-5564 

E-mail: anita.mosner@hklaw.com 

Attorneys for United Parcel Service 

Date: April 19,2011 

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

will poll all persons on the service list for an immediate response. 
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-2011-

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 from Singapore 

to Juba, Sudan to transport condoms used to prevent the spread of HIV/AIDS. The 

details of the flight 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 of 5 

(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 for Exemption 

OST-2011-

Page 3 of 5 

permit the Applicants to transport the shipment of condoms to Sudan. Since the 

Applicants will transport donated condoms "intended to relieve human suffering" by 

preventing the spread of disease, 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 shipment of condoms 

pursuant to a contract with USAID and therefore, the shipment qualifies 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 flight is exempt from the restrictions of the Executive Orders 

for two reasons—the shipment constitutes a donation for the relief of human suffering and 

it is being flown on official business of the U.S. Government. Furthermore, the flight is 

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 a charitable donation of condoms 

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 of 5 

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 shipper of the condoms is John Snow Inc., USAID/DELIVER 

Project and is shipping c/o UPS-SCS PTE LTD, located at 31 ALPS Avenue, Singapore 

498784. The direct air carrier 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, Februaryl8, 2011 (Docket OST-2011-0030); 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 OST-2005-20368); 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 of 5 

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. 

Anita M. Mosner 

Jennifer M. Nowak 

Holland & Knight LLP 

2099 Pennsylvania Ave., N.W., Suite 100 

Washington, DC 20006 

Phone: (202)419-2604 

Fax: (202)955-5564 

E-mail: anita.mosner@hklaw.com 

Counsel for Applicants 

Date: April 19, 2011 
Exhibit A 

Destination 

in Sudan 

Juba 

Shipper 

John Snow, Inc., USAID 

Deliver Project 

Product 

Condom, Male 35 mm 

lubricated [Blue/Gold], 

latex, Qingdao Double 

Butterfly Group 

Origination 

Singapore 

Destination 

Sudan 

Ministry of 

Health 

Estimated Ship 

Date Range 

05/01/2011-

08/31/2011 
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 

"^ Jennifer M. Nowak