CSMS Message: 92-000026

TO : ALL ABI BROKERS.

FROM : LEO WELLS

SUBJECT : VIETNAM EMBARGO

DATE : 06/19/92

2149115
MAY 28, 1992

RES-1-CO:T:I:OA LW

CATEGORY: RES

TO: ALL DEPUTY ASSISTANT REGIONAL COMMISSIONERS/REGIONAL
DIRECTORS (COMMERCIAL OPERATIONS), DISTRICT, AREA AND PORT
DIRECTORS OF CUSTOMS

FROM: DIRECTOR, OFFICE OF TRADE OPERATIONS

RE: FOREIGN ASSETS CONTROL - VIETNAM EMBARGO

PASS TO: ALL REGIONAL PROGRAM MANAGERS, NATIONAL IMPORT
SPECIALISTS, IMPORT SPECIALISTS, FP AND F OFFICERS, OAS,
NATIONAL COORDINATOR FOR ENTRY SUMMARY SELECTIVITY,
ENTRY OFFICERS AND INSPECTORS AND OTHER INTERESTED
PARTIES SUCH AS IMPORTER TRADE ASSOCIATIONS AND BROKER
ASSOCIATIONS

WE REFER TO FEDERAL REGISTER NOTICE OF MAY 15, 1992
(VOL. 57, NO. 95 AT PGS. 20765-20766) CONCERNING CERTAIN CHANGES
TO THE VIETNAMESE TRADE EMBARGO REGULATIONS ISSUED BY THE OFFICE
OF FOREIGN ASSETS CONTROL (OFAC) OF THE DEPT. OF THE TREASURY.
THESE REGULATIONS APPEAR IN 31 CFR 500. THE NEW REGULATION
AMENDMENTS ARE EFFECTIVE WITH RESPECT TO APPLICABLE GOODS OF
VIETNAMESE ORIGIN IMPORTED ON OR AFTER MAY 11, 1992.

ACTIONS:

1. TRANSACTIONS BY NON-GOVERNMENTAL ORGANIZATIONS DEALING
WITH HUMANITARIAN PROJECTS AUTHORIZED BY GENERAL OFAC
LICENSE

SECTION 500.572 OF 31 CFR IS ADDED TO READ AS FOLLOWS:

"SECTION 500.572 HUMANITARIAN PROJECTS AUTHORIZED.

(A) ALL TRANSACTIONS BY NON-GOVERNMENTAL ORGANIZATIONS
INCIDENT TO CARRYING OUT HUMANITARIAN PROJECTS IN
VIETNAM ARE AUTHORIZED. FOR PURPOSES OF THIS SECTION,
THE TERM "NON-GOVERNMENTAL ORGANIZATION" SHALL MEAN ANY
PRIVATE VOLUNTARY ORGANIZATION ACCORDED TAX EXEMPT
STATUS UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE
CODE AS WELL AS ANY OTHER ORGANIZATION ENGAGED IN VOLUN-
TARY CHARITABLE ASSISTANCE ACTIVITIES THAT RECEIVES
FUNDING FROM PRIVATE SOURCES INCLUDING BUT NOT LIMITED
TO ACCREDITED DEGREE-GRANTING INSTITUTES OF EDUCATION,
PRIVATE FOUNDATIONS AND RESEARCH INSTITUTIONS.

(B) THE NON-GOVERNMENTAL ORGANIZATION CARRYING OUT
HUMANITARIAN PROJECTS IN VIETNAM PURSUANT TO THIS
AUTHORIZATION SHALL FILE AN INITIAL REPORT WITHIN 10
BUSINESS DAYS AFTER THE FORMAL COMMENCEMENT OF U.S.
ACTIVITIES ON THE PROJECT WITH THE OFFICE OF FOREIGN
ASSETS CONTROL, COMPLIANCE DIVISION, U.S. DEPARTMENT OF
THE TREASURY, 1500 PENNSYLVANIA AVENUE NW.-ANNEX,
WASHINGTON D.C. 20220, STATING:

(1) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
NON-GOVERNMENTAL ORGANIZATION, AND THE OFFICER
CHARGED WITH SUPERVISION OF THE PROJECT IN
VIETNAM AND
(2) THE NATURE, SCOPE, PURPOSE, AND LOCATION OF THE
PROJECT IN VIETNAM."

SECTION 500.573 OF 31 CFR IS ADDED TO READ AS FOLLOWS:

"SECTION 500.573 PROVISION OF GOODS AND SERVICES TO MEET
BASIC HUMAN NEEDS AUTHORIZED.

(A) WITH RESPECT TO TRANSACTIONS NOT WITHIN THE SCOPE OF
THE GENERAL LICENSE CONTAINED IN SECTION 500.533 OF
THIS PART, SPECIFIC LICENSES MAY BE ISSUED ON A
CASE-BY-CASE BASIS FOR ALL TRANSACTIONS INCIDENTAL
TO THE PROVISION (BY COMMERCIAL SALE OR BY DONATION)
TO VIETNAM OF GOODS OR SERVICES TO MEET BASIC HUMAN
NEEDS.

(1) FOR PURPOSES OF THIS SECTION, GOODS TO MEET
BASIC HUMAN NEEDS SHALL BE DEFINED BY REFERENCE
TO THE HUMANITARIAN LICENSE PROCEDURE SET FORTH
IN 15 CFR 772.5(C) AND (D) AND SUPPLEMENT NO. 7
TO PART 773 OF THE EXPORT ADMINISTRATION REGU-
LATIONS.
(2) SERVICES TO MEET BASIC HUMAN NEEDS SHALL INCLUDE
THOSE SERVICES RELATED TO HEALTH, FOOD,
CLOTHING, SHELTER, AND EDUCATION. SUCH SERVICES
ARE CONSIDERED TO EXTEND BEYOND THOSE OF AN
EMERGENCY NATURE TO ENCOMPASS THOSE THAT MEET
DIRECT NEEDS FOR MERE SUBSISTENCE.

(B) NOTE: EXPORTS OR REEXPORTS TO VIETNAM OF U.S.-ORIGIN
GOODS, OR FOREIGN GOODS CONTAINING U.S.-ORIGIN
CONTENT OR PRODUCED FROM U.S.-ORIGIN TECHNICAL DATA,
TO MEET BASIC HUMAN NEEDS MAY REQUIRE AUTHORIZATION
FROM THE U.S. DEPARTMENT OF COMMERCE. (FOR INFOR-
MATION, PLEASE CONTACT 202/377-0081)."

2. INQUIRIES ABOUT THIS ISSUANCE

- QUESTIONS BY CUSTOMS OFFICERS SHOULD BE DIRECTED TO
CUSTOMS HQ., OFFICE OF TRADE OPERATIONS, OTHER AGENCY
BRANCH, AT FTS 566-8651.

- IMPORTER/BROKER/PUBLIC INQUIRIES SHOULD BE DIRECTED TO:

OFFICE OF FOREIGN ASSETS CONTROL
DEPARTMENT OF THE TREASURY
WASHINGTON, D.C. 20220

(PHONE: (202) 566-2701)

C.L. BRAINARD