BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

rrr."' •'^CTi 

•omm 

Application of 

UPS Europe SA 

UPS International, Inc. 

For Exemption 

(Sudan) 

Docket OST-2010- ^/^ ^ 

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 

David L. Vaughan 

Danielle K. Fisher 

Kelley Drye &i 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 

Date: May 13,2010 

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-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 one (1) one-way air freight forwarding movement from Gentilly, 

France to Juba, Sudan to transport medicine to treat malaria. The details of the flight are 

attached hereto as Exhibit A. 

Because numerous business arrangements must be made well in advance 

of this shipment, 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: 
Application for Exemption 

OST-2010-

Page 2 of 5 

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 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 
Application for Exemption 

OST-2010-

Page 3 of 5 

Applicants require an exemption from the conditions imposed by the Sudan Order to 

permit the Applicants to transport the medicine to Sudan. Since the flight will transport 

donated medicines "intended to 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 flight is transporting the medicine pursuant to a contract 

with USAID and therefore, the shipments qualify 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—they 

are donations for the relief of human suffering and they are being flown on official 

business of the U.S. Govenmient. 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 charitable and necessary medicine 

for the benefit of the people of Sudan. 
Application for Exemption 

OST-2010-

Page 4 of 5 

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

incorporated in Belgium. UPS International, Inc., a Delaware corporation, 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. 

3. The manufacturer shipping the medicine is Africasoins S.A.S. 

(Sanofi Aventis Group), located at 82 Avenue Raspail, Gentilly, 94255 Cedex France. 

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, 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-I9828). 
Application for Exemption 

OST-2010-

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 respectfiilly 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. 

(Ji^/^ /n^ 

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 Applicants 

Date: May 13,2010 
Exhibit A 

Origination 

Gentilly, France 

Destination in 

Sudan 

Juba 

Shipper 

Africasoins 

S.A.S. (Sanofi 

Aventis Group) 

Product 

Artesunate/ 

Amodiaquine 

Destination 

Sudan Ministry 

of Health 

Estimated Ship 

Date Range 

06/01/2010-

10/31/2010 
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 

James Davis 

Blair Berselli 

Kevin P. Montgomery 

Russell Pommer 

Kalitta 

Federal Express 

Federal Express 

Evergreen 

Polar Air 

Atlas Air 

matwood@sherblackwell.com 

gbleopard@fedex. com 

jadavis4@fedex.com 

blair.berselli@evergreenairlines.com 

kevin.montgomery@polaraircargo.com 

rpommer@atlasair.com