UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on March 3, 2010

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0007 ________________________________________________________________________________________________________________________________

This serves as notice to the public of the action described below, taken by the Department official indicated (no 

additional confirming order will be issued in this matter).

Applicants: UPS EUROPE SA and UPS INTERNATIONAL, INC. (UPS INTERNATIONAL)

Date Filed: December 1, 2009

Relief requested: Exemption from the provisions of the Department’s Order 98-2-5 (Suspension of Cargo Air 

Operations Between the United States and Sudan, Docket DOT-OST-1998-3204) to permit UPS Europe SA to operate 

a single one-way air freight forwarding movement, transporting items of laboratory equipment to analyze and treat 

tuberculosis, from Amsterdam, the Netherlands to USAID, St. Luke’s Hospital, Juba, Sudan between March 1, 2010 

and April 30, 2010. The applicants state that the subject shipment constitutes a donation intended to relieve human 

suffering, as the funds used to purchase the equipment have been donated by The Global Fund. The direct air carrier 

providing the transportation will be Ethiopian Airlines.

The applicants state that UPS Europe SA is incorporated in Belgium. UPS International, a Delaware corporation,

holds a 99.99% ownership interest in UPS Europe SA. The applicants state that because UPS Europe SA is 

incorporated in Belgium, and because none of the goods involved here will touch the United States, this shipment may 

be outside the jurisdiction of the Department. If this is the case, the applicants request a disclaimer of jurisdiction in 

lieu of an exemption.

Applicant representative: David L. Vaughan, 202-342-8462 DOT analyst: Brett D. Kruger, 202-366-8025

Responsive pleadings: None.

DISPOSITION

Action: Exemption approved to the extent necessary to permit the proposed operation.

1

Action date: March 3, 2010

Effective dates of authority granted: March 3, 2010, through April 30, 2010.

Basis for approval: Order 98-2-5, issued by the Department pursuant to Executive Order 13067 (published at Fed. 

Reg. 59987-59990, November 5, 1998), strictly prohibits virtually all transactions involving transportation of cargo 

to/from Sudan, and does not address exceptions set forth in the Executive Order. Executive Order 13067 § 2(b), 

however, specifically provides an exception for donations of articles intended to relieve human suffering. Based on 

the record before us, and the provisions of Executive Order 13067 and Order 98-2-5, we found that it is in the public 

interest to grant an exemption from Order 98-2-5, to the extent necessary to permit the applicant to conduct the 

proposed operation.

Action taken by: Paul L. Gretch, Director, Office of International Aviation

 1 We dismiss, as moot, the request for a disclaimer of jurisdiction.
_______________________________________________________________________________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with 

Department policy; (2) the applicant was qualified to perform its proposed operations; (3) grant of the authority was consistent with 

the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy and 

Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We may 

amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 

CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This action was effective 

when taken, and the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov