BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

UPS Europe SA 

UPS International, Inc. 

For Exemption And Amendment 

(Sudan) 

Docket OST-2010- QO ^ 

APPLICATION OF UPS EUROPE SA AND UPS INTERNATIONAL, INC. 

FOR AN EXEMPTION AND AMENDMENT 

Communications with respect to this document should be addressed to: 

Dontai L. Smalls 

UPS Public Affairs 

316 Pennsylvania Avenue, S.E., 

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 

Suite 300 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 

Date: Aprils, 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 And Amendment 

(Sudan) 

Docket OST-2010-

APPLICATION OF UPS EUROPE SA AND UPS INTERNATIONAL, INC. 

FOR AN EXEMPTION AND AMENDMENT 

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 sixteen (16) one-way air freight forwarding movements from 

Schiffweiler, Germany and Daman, India to Sudan to transport medicine to treat 

tuberculosis. The details of the flights are attached hereto as Exhibit A. In addition, the 

Applicants request that the DOT amend the Sudan Order so as to grant blanket 

permission for shipments on behalf of the United Nations or U.S. Government, and for 

shipments to Southern Sudan as is permitted by Executive Order 13412. 

Because numerous business arrangements must be made well in advance 

of these shipments, the Applicants request expedited treatment of this Application. 
Application for Exemption and Amendment 

OST-2010-

Page 2 of 6 

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: 

(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 
Application for Exemption and Amendment 

OST-2010-

Page 3 of 6 

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. UPS requests that the 

DOT amend the Sudan Order so as to grant blanket permission for shipments on behalf of 

the United Nations or U.S. Government, and for shipments to Southern Sudan. Such an 

action would eliminate the need for carriers to prepare and file, and for the DOT to 

consider, applications for shipments permitted by the 2006 Executive Order. If the DOT 

were to take such an action, the instant Application could be dismissed as moot. 

Assuming the DOT does not amend the Sudan Order, the Applicants 

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

Applicants to transport the medicine to Sudan. Since all of the flights are transporting 

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 the Stop TB Partnership, a United Nations program operated on its behalf 

by the World Health Organization's Global Drug Facility. 

In addition, all of the flights are transporting the medicine pursuant to a 

contract with the United Nations and therefore, the shipments qualify as official business 

of the United Nations. The 2006 Executive Order exempts transactions involving official 

business of the United Nations from the restrictions set forth in the 1997 Executive 
Application for Exemption and Amendment 

OST-2010-

Page 4 of6 

Order. Thus, the flights are 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 United Nafions. Furthermore, eight of the flights are 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. 

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 Intemafional, 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 manufacturers shipping the medicine are: (1) Fatol 

Arzneimittel, located at Robort-Koch-Strasse, Schiffweiler, D-66578 Germany; and (2) 

MacCleods Pharmaceuticals, located at Plot NO 24-28, Premier Industrial Estate, 

Kachigam, Daman (U.T.), Daman, India. All of the direct air carriers that the Applicants 

plan to use to provide the transportation hold all necessary authority to operate the 
Application for Exemption and Amendment 

OST-2010-

Page 5 of 6 

services. Depending on the production schedules of the manufacturers, the Applicants 

may consolidate some of the sixteen proposed shipments of the medicine on a single 

flight. 

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 laboratory equipment to analyze and treat tuberculosis to Juba, 

Sudan. See Nofice 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 Acfion Taken, February 11, 2005, (Docket OST2005-20368); NoUce of Acfion Taken, January 26, 2005, (Docket OST-2005-20164); 

Nofice of Action Taken, December 2, 2004, (Docket OST-2004-19828). 

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. 
Application for Exemption and Amendment 

OST-2010-

Page 6 of 6 

WHEREFORE, the Applicants respectfully request that the Department 

grant the above-described exemption or amend the Sudan Order so as to grant blanket 

permission for shipments on behalf of the United Nations or U.S. Government, and for 

shipments to Southern Sudan, and grant such other and further relief as the Department 

may deem consistent with the public interest. 

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: April 5, 2010 
Exhibit A 

Origination 

Schiffweiler, 

Germany 

Schiffweiler, 

Germany 

India 

India 

Schiffweiler, 

Germany 

Schiffweiler, 

Germany 

Daman, India 

Daman, India 

Schiffweiler, 

Germany 

Schiffweiler, 

Germany 

Daman, India 

Daman, India 

Schiffweiler, 

Germany 

Schiffweiler, 

Germany 

Daman, India 

Daman, India 

Destination 

in Sudan 

Juba 

Juba 

Juba 

Juba 

Khartoum 

Khartoum 

Khartoum 

Khartoum 

Juba 

Juba 

Juba 

Juba 

Khartoum 

Khartoum 

Khartoum 

Khartoum 

Shipper 

Fatol Arzneimittel 

Fatol Arzneimittel 

MacLeods 

MacLeods 

Fatol Arzneimittel 

Fatol Arzneimittel 

MacLeods 

MacLeods 

Fatol Arzneimittel 

Fatol Arzneimittel 

MacLeods 

MacLeods 

Fatol Arzneimittel 

Fatol Arzneimittel 

MacLeods 

MacLeods 

Product 

Rifampicin/ 

Isoniazad 

Rifampicin/ 

Isoniazad 

Ethambutol 

Ethambutol 

Rifampicin/ 

Isoniazad 

Rifampicin/ 

Isoniazad 

Ethambutol 

Ethambutol 

Rifampicin/ 

Isoniazad 

Rifampicin/ 

Isoniazad 

Ethambutol 

Ethambutol 

Rifampicin/ 

Isoniazad 

Rifampicin/ 

Isoniazad 

Ethambutol 

Ethambutol 

Destination 

Euro Health 

Sudan 

Euro Health 

Sudan 

Euro Health 

Sudan 

Euro Health 

Sudan 

Sudan 

Ministry 

Health 

Sudan 

Ministry 

Health 

Sudan 

Ministry 

Health 

Sudan 

Ministry 

Health 

Euro Health 

Sudan 

Euro Health 

Sudan 

Euro Health 

Sudan 

Euro Health 

Sudan 

Sudan 

Ministry 

Health 

Sudan 

Ministry 

Health 

Sudan 

Ministry 

Health 

Sudan 

Ministry 

Health 

Estimated 

Ship Date 

Range 

05/08/2010-

05/22/2010 

05/08/2010-

05/22/2010 

05/08/2010-

05/22/2010 

05/08/2010-

05/22/2010 

05/25/2010-

06/08/2010 

05/25/2010-

06/08/2010 

05/25/2010-

06/08/2010 

05/25/2010-

06/08/2010 

08/08/2010-

08/22/2010 

08/08/2010-

08/22/2010 

08/08/2010-

08/22/2010 

08/08/2010-

08/22/2010 

07/25/2010-

08/08/2010 

07/25/2010-

08/08/2010 

07/25/2010-

08/08/2010 

07/25/2010-

08/08/2010 

Carrier 

Providing 

Transportation 

Qatar Airways or 

Kenya Airways 

Qatar Airways or 

Kenya Airways 

Qatar Airways or 

Kenya Airways 

Qatar Airways or 

Kenya Airways 

Emirates or KLM 

Airlines 

Emirates or KLM 

Airlines 

Emirates or KLM 

Airlines 

Emirates or KLM 

Airlines 

Qatar Airways or 

Kenya Airways 

Qatar Airways or 

Kenya Airways 

Qatar Airways or 

Kenya Airways 

Qatar Airways or 

Kenya Airways 

Emirates or KLM 

Airlines 

Emirates or KLM 

Airlines 

Emirates or KLM 

Airlines 

Emirates or KLM 

Airlines 
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 

matwood@sherblackwell.com 

gbIeopard@fedex.com 

blair.berselli@evergreenairlines.com 

kevin.montgomery@polaraircargo.com 

rpommer@atlasair.com 

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