CSMS Message: 03-002242

TO : ALL ABI BROKERS.

FROM : CARLA ZZ-DONOFRIO

SUBJECT : BURMA SANCTIONS - UPDATE

DATE : 09/11/2003

SEPTEMBER 10, 2003

PUBLIC NOTICE

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

TO : DIRECTORS, FIELD OPERATIONS

FROM : EXECUTIVE DIRECTOR, TRADE COMPLIANCE AND
FACILITATION

SUBJECT : U.S. TRADE EMBARGO AGAINST BURMA (UPDATE)

THIS MESSAGE CANCELS AND SUPERSEDES PREVIOUS INSTRUCTIONS DATED
AUGUST 27, 2003.

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 A GENERAL LICENSE OR 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.

PLEASE BE ADVISED THAT OFAC HAS ISSUED THE FOLLOWING GENERAL
LICENSES. A GENERAL LICENSE IS A REGULATORY PROVISION
AUTHORIZING IMPORTATION WITHOUT THE FILING OF AN APPLICATION FOR
AN IMPORT LICENSE WITH OFAC:

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
1 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
U.S. 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 U.S.
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.

IMPORTATION OF INFORMATION AND INFORMATIONAL MATERIAL

THE IMPORTATION OF INFORMATION AND INFORMATIONAL
MATERIALS IS AUTHORIZED. THE TERM "INFORMATION OR
INFORMATIONAL
MATERIALS" INCLUDES, BUT IS NOT LIMITED TO, PUBLICATIONS,
FILMS, POSTERS, PHONOGRAPH RECORDS, PHOTOGRAPHS,
MICROFILMS, MICROFICHE, TAPES, COMPACT DISCS, CD ROMS,
ARTWORKS, AND NEWS WIRE FEEDS. ARTWORKS MUST BE
CLASSIFIED UNDER CHAPTER HEADINGS 9701, 9702, OR 9703 OF
THE HARMONIZED TARIFF SCHEDULE OF THE U.S. TO BE ELIGIBLE
FOR THE EXEMPTION.

QUESTIONS REGARDING MERCHANDISE CLAIMED TO BE INFORMATION
OR INFORMATIONAL MATERIALS NOT OTHERWISE DESCRIBED IN
THIS SECTION SHOULD BE REFERRED TO OFAC (CONTACT
INFORMATION PROVIDED BELOW) TO DETERMINE ADMISSIBILITY.

PERSONAL AND HOUSEHOLD EFFECTS OF U.S. RESIDENTS IN BURMA

A U.S. CITIZEN WHO MAINTAINED A RESIDENCE IN BURMA PRIOR
TO JULY 28, 2003, IS AUTHORIZED TO IMPORT PERSONAL AND
HOUSEHOLD EFFECTS THAT ARE PRODUCTS OF BURMA. THIS
EXEMPTION INCLUDES ACCOMPANIED BAGGAGE AND ARTICLES FOR
FAMILY USE, PROVIDED THE IMPORTED ITEMS WERE PURCHASED BY
THE U.S. PERSON PRIOR TO JULY 28, 2003, HAVE BEEN
ACTUALLY USED ABROAD BY THE U.S. PERSON OR BY OTHER
FAMILY MEMBERS ARRIVING FROM THE SAME FOREIGN HOUSEHOLD,
ARE NOT INTENDED FOR ANY OTHER PERSON OR FOR SALE, AND
ARE NOT OTHERWISE PROHIBITED FROM IMPORTATION.

1 PERSONAL AND HOUSEHOLD EFFECTS OF BURMESE TRAVELING TO
THE UNITED STATES

A NATIONAL OF BURMA WHO ARRIVES IN THE U.S. AFTER JULY
28, 2003, IS AUTHORIZED TO IMPORT PERSONAL AND HOUSEHOLD
EFFECTS THAT ARE PRODUCTS OF BURMA. THIS EXEMPTION
INCLUDES ACCOMPANIED BAGGAGE AND ARTICLES FOR FAMILY USE,
PROVIDED THE IMPORTED ITEMS ARE ORDINARILY INCIDENT TO
THE BURMESE NATIONAL'S ARRIVAL IN THE U.S., HAVE BEEN
ACTUALLY USED ABROAD BY THE BURMESE NATIONAL OR BY THE
OTHER FAMILY MEMBERS ARRIVING FROM THE SAME FOREIGN
HOUSEHOLD, ARE NOT INTENDED FOR ANY OTHER PERSON OR FOR
SALE, AND ARE NOT OTHERWISE PROHIBITED FROM IMPORTATION.

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 U.S. FOR
TRANSSHIPMENT OR AN IN-TRANSIT MOVEMENT OF A PRODUCT OF BURMA
THAT IS INTENDED OR DESTINED FOR A THIRD COUNTRY IS PROHIBITED.

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 OFFICE OF
FOREIGN ASSETS CONTROL, ENFORCEMENT DIVISION AT (202) 622-2430
OR TO THE OFAC WEBSITE AT HTTP:WWW.TREAS.GOV-OFAC.

-S-

ELIZABETH G. DURANT