CSMS Message: 03-002084

TO : ALL ABI BROKERS.

FROM : CARLA ZZ-DONOFRIO

SUBJECT : BURMA SANCTIONS

DATE : 08/27/2003

AUGUST 27, 2003

CMP-9-FO:TP:TEC:OGA CD

TO : DIRECTORS, FIELD OPERATIONS

FROM : ASSISTANT COMMISSIONER
OFFICE OF FIELD OPERATIONS

SUBJECT : U.S. TRADE EMBARGO AGAINST BURMA

BACKGROUND:

ON MAY 20, 1997, IN RESPONSE TO THE BURMESE GOVERNMENT'S LARGE
SCALE REPRESSION OF AND VIOLENCE AGAINST THE DEMOCRATIC
OPPOSITION, PRESIDENT CLINTON ISSUED EXECUTIVE ORDER 13047
DECLARING A NATIONAL EMERGENCY WITH RESPECT TO BURMA. THE ORDER
PROHIBITED NEW INVESTMENTS IN BURMA BY U.S. PERSONS, AND
FACILITATION OF NEW INVESTMENT IN BURMA BY FOREIGN PERSONS.

ON JULY 29, 2003, DUE TO THE CONTINUED REPRESSION OF THE
DEMOCRATIC OPPOSITION IN BURMA, THE PRESIDENT EXPANDED THE
EXISTING U.S. SANCTIONS AGAINST THE COUNTRY, PURSUANT TO
EXECUTIVE ORDER 13310, BY PLACING AN IMPORT BAN ON GOODS THAT
ARE A PRODUCT OF BURMA.

ACTION:

EFFECTIVE AUGUST 28, 2003, ANY ARTICLE IMPORTED DIRECTLY OR
INDIRECTLY INTO THE UNITED STATES, THAT IS A PRODUCT OF BURMA IS
PROHIBITED. HOWEVER, MERCHANDISE FOR WHICH THE OFFICE OF
FOREIGN ASSETS CONTROL (OFAC) HAS ISSUED AN IMPORT LICENSE MAY
BE ENTERED FOR CONSUMPTION, OR IN-TRANSIT MOVEMENT THROUGH THE
U.S. THIS IMPORT BAN APPLIES TO MERCHANDISE INTENDED FOR
COMMERCIAL AND PERSONAL USE AND DOES NOT EXEMPT GIFTS OR
INFORMATIONAL MATERIALS.

IMPORTATIONS FOR U.S. DIPLOMATIC AND CONSULAR OFFICIALS

U.S. DIPLOMATIC OR CONSULAR OFFICIALS ENTERING THE U.S. DIRECTLY
OR INDIRECTLY FROM BURMA ARE AUTHORIZED TO ENGAGE IN ALL
TRANSACTIONS INCIDENT TO THE IMPORTATION INTO THE U.S. WITH
PRODUCTS OF BURMA AS ACCOMPANIED BAGGAGE OR HOUSEHOLD EFFECTS,
PROVIDED THAT THE PRODUCTS ARE NOT INTENDED FOR ANY OTHER PERSON
OR FOR SALE AND ARE NOT OTHERWISE PROHIBITED FROM IMPORTATION
UNDER APPLICABLE U.S. LAWS.

IMPORTATIONS FOR FOREIGN DIPLOMATIC AND CONSULAR OFFICIALS

ALL TRANSACTIONS INCIDENT TO THE IMPORTATION INTO THE UNITED
STATES OF ANY ARTICLE THAT IS A PRODUCT OF BURMA THAT IS
DESTINED FOR OFFICIAL OR PERSONAL USE BY PERSONNEL EMPLOYED BY A
DIPLOMATIC MISSION OR CONSULATE IN THE UNITED STATES ARE
AUTHORIZED, PROVIDED THAT SUCH ARTICLE IS NOT INTENDED FOR ANY
OTHER PERSON OR FOR SALE AND IS NOT OTHERWISE PROHIBITED FROM
IMPORTATION UNDER APPLICABLE U.S. LAWS.

DIPLOMATIC POUCHES

ALL TRANSACTIONS IN CONNECTION WITH THE IMPORTATION INTO THE
U.S. OR THE EXPORTATION FROM THE U.S. OF DIPLOMATIC POUCHES AND
THEIR CONTENTS IS AUTHORIZED.

PLEASE BE ADVISED THAT MERCHANDISE LANDED, BUT NOT ENTERED FOR
CONSUMPTION IN THE UNITED STATES, IS SUBJECT TO THIS IMPORT BAN,
E.G., GOODS PLACED IN A FOREIGN TRADE ZONE (FTZ) OR BONDED
WAREHOUSE. FOR PURPOSES OF OFAC'S REGULATIONS, AN IMPORTATION
INTO A FTZ IS CONSIDERED AN IMPORTATION INTO THE U.S. OFAC HAS
DEFINED THE TERM "IMPORTED INTO THE UNITED STATES" AS: (1) IN
THE CASE OF GOODS TRANSPORTED BY VESSEL, IMPORTATION REFERS TO
BRINGING THE GOODS INTO THE UNITED STATES, I.E., WITHIN THE
LIMITS OF A PORT IN THE UNITED STATES, WITH THE INTENT TO
UNLADE, AND (2) IN THE CASE OF GOODS TRANSPORTED OTHER THAN BY
VESSEL, IMPORTATION REFERS TO BRINGING THE GOODS INTO THE
TERRITORY OF THE UNITED STATES. IMPORTATION INTO THE UNITED
STATES FOR TRANSSHIPMENT OR AN IN-TRANSIT MOVEMENT OF A PRODUCT
OF BURMA THAT IS INTENDED OR DESTINED FOR A THIRD COUNTRY IS
PROHIBITED.

EFFECTIVE AUGUST 28, 2002, A COUNTRY CODE RESTRICTION WILL BE
ACTIVE IN THE AUTOMATED COMMERCIAL SYSTEM (ACS) WHICH WILL SERVE
AS AN ELECTRONIC REJECTION OF SHIPMENT INFORMATION, TRANSMITTED
THROUGH THE AUTOMATED BROKER INTERFACE (ABI) WITH THE COUNTRY
CODE (BU) FOR BURMA.

GOODS DETERMINED TO BE A PRODUCT OF BURMA ARE SUBJECT TO SEIZURE
IN ACCORDANCE WITH 19 C.F.R. 12.150 (B) AND OFAC'S IMPLEMENTING
REGULATIONS AT 31 C.F.R. PART 537.

INFORMATION:

QUESTIONS REGARDING THIS MATTER MAY BE DIRECTED TO THE LOCAL
PORT OF ENTRY, THE OFFICE OF FOREIGN ASSETS CONTROL, LICENSING
DIVISION AT (202) 622-2480 OR TO THE OFAC WEBSITE AT HTTP:WWW.TREAS.
GOV-OFAC.

-S-

JAYSON P. AHERN