CSMS Message: 99-000675

TO : ALL ABI BROKERS.

FROM : YVONNE TOMENGA

SUBJECT : TALIBAN IMPORT RESTRAINTS

DATE : 08/18/1999

DATE: AUGUST 18, 1999
RES-10-01-FO:TP:I:O YLT

TO: ALL DIRECTORS, FIELD OPERATIONS
AREA AND PORT DIRECTORS

FROM: DIRECTOR
TRADE PROGRAMS

SUBJECT: IMPORT RESTRICTIONS ON TALIBAN CONTROLLED AFGHANISTAN

PASS TO: NATIONAL OAS, APD'S, TRADE OPERATIONS, NATIONAL IMPORT
SPECIALISTS, ALL FIELD NATIONAL IMPORT SPECIALISTS,
IMPORT SPECIALISTS, NATIONAL AND PORT ACCOUNT MANAGERS,
ENTRY OFFICERS, INSPECTORS, ABI CLIENT REPRESENTATIVES,
IMPORTERS AND BROKERS

PURPOSE:

THIS MEMORANDUM IS TO TRANSMIT THE IMPORTATION PROCEDURES AND
PROGRAM RESPONSIBILITIES TO CARRY OUT THE PROVISIONS OF EXECUTIVE
ORDER 13129 ENTITLED "BLOCKING OF PROPERTY AND PROHIBITING
TRANSACTIONS WITH THE TALIBAN."

AUTHORITIES:

3 U.S.C. 301FF
50 U.S.C. 1601FF
50 U.S.C. 1701FF
31 C.F.R. 500
19 C.F.R. 12.150
EXECUTIVE ORDER 13129

RESPONSIBILITIES:

1. PORT DIRECTORS ARE RESPONSIBLE FOR ENSURING THAT GOODS,
SOFTWARE, TECHNOLOGY, OR SERVICES OWNED OR CONTROLLED BY THE
TALIBAN OR PERSONS DESIGNATED PURSUANT TO EXECUTIVE ORDER 13129 OR
FROM THE TERRITORY OF AFGHANISTAN CONTROLLED BY THE TALIBAN ARE
NOT RELEASED INTO THE UNITED STATES, AS DEFINED IN 31 C.F.R.
500.321, UNLESS EXEMPTED BY LAW OR REGULATION OR ACCOMPANIED BY AN
OFAC LICENSE. PORT DIRECTORS ARE ALSO RESPONSIBLE FOR MONITORING
IMPORTER AND BROKER COMPLIANCE WITH RESPECT TO THIS PROGRAM,
MONITORING THE EFFECTIVENESS OF THIS PROGRAM AND IMPLEMENTING
LOCAL MEASURES, IF NEEDED, FOR IMPROVEMENT.

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2. THE CHIEF, OTHER GOVERNMENT AGENCY LIAISON, TRADE PROGRAMS,
OFO IS RESPONSIBLE FOR PROGRAM COORDINATION AND IMPLEMENTATION.

3. NATIONAL IMPORT SPECIALISTS, NCSD, ORR, IN CONJUNCTION WITH
NATIONAL OAS, OST, ARE RESPONSIBLE FOR MAINTAINING SELECTIVITY
CRITERIA.

PROCEDURES:

EXCEPT TO THE EXTENT PROVIDED IN 50 U.S.C. 1702(B) AND IN
REGULATIONS, ORDERS, DIRECTIVES, OR LICENSES THAT MAY BE ISSUED
PURSUANT TO THIS ORDER, EXECUTIVE ORDER (EO) 13129 PROHIBITS THE
IMPORTATION INTO THE UNITED STATES OF ANY GOODS, SOFTWARE,
TECHNOLOGY, OR SERVICES OWNED OR CONTROLLED BY THE TALIBAN OR
PERSONS DESIGNATED PURSUANT TO THE ORDER OR FROM THE TERRITORY OF
AFGHANISTAN CONTROLLED BY THE TALIBAN. THESE PROHIBITIONS BECAME
EFFECTIVE 12:01 A.M., EDT, JULY 6, 1999.

IMPORTATIONS PERMITTED UNDER 50 U.S.C. 1702(B) INCLUDE THE
FOLLOWING:
(1) POSTAL, TELEGRAPHIC, TELEPHONIC, OR OTHER PERSONAL
COMMUNICATION, WHICH DOES NOT INVOLVE A TRANSFER OF ANYTHING OF
VALUE;
(2) ANY INFORMATION OR INFORMATIONAL MATERIALS, INCLUDING BUT NOT
LIMITED TO, PUBLICATIONS, FILMS, POSTERS, PHONOGRAPH RECORDS,
PHOTOGRAPHS, MICROFILMS, MICROFICHE, TAPES, COMPACT DISKS, CD
ROMS, ARTWORKS CLASSIFIED UNDER CHAPTER SUBHEADING 9701, 9702, OR
9703 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES, AND
NEWS WIRE FEEDS, REGARDLESS OF FORMAT OR MEDIUM OF TRANSMISSION,
AND WHETHER COMMERCIAL OR OTHERWISE;
(3) ANY TRANSACTIONS ORDINARILY INCIDENT TO TRAVEL TO OR FROM ANY
COUNTRY, INCLUDING IMPORTATION OF ACCOMPANIED BAGGAGE FOR PERSONAL
USE.

ACCORDINGLY, CUSTOMS FIELD OFFICES MAY RELEASE THE AFOREMENTIONED
GOODS THAT ARE PERMITTED BY LAW PROVIDED THE RELEASING OFFICER IS
SATISFIED THAT THE ARTICLES MEET THE REQUIREMENTS FOR ELIGIBILITY.

FOR THE PURPOSES OF THIS EXECUTIVE ORDER "IMPORTATION INTO THE
UNITED STATES" MEANS THE UNITED STATES AND ALL AREAS UNDER THE
JURISDICTION OR AUTHORITY THEREOF, INCLUDING U.S. TRUST
TERRITORIES AND COMMONWEALTHS. FOREIGN TRADE ZONES ARE UNDER THE
JURISDICTION OR AUTHORITY OF THE UNITED STATES AND IMPORTATION OF
THE DESIGNATED GOODS INTO FTZ'S ARE PROHIBITED BY THIS ORDER.
GOODS THAT WERE ENTERED INTO AN FTZ PRIOR TO THE EFFECTIVE DATE OF
THIS ORDER MAY BE ENTERED FROM THE FTZ FOR CONSUMPTION OR
TRANSPORTATION.

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E.O. 13129 STATES THE TALIBAN IS ALSO KNOWN AS THE "TALEBAN,"
"ISLAMIC MOVEMENT OF TALIBAN," "THE TALIBAN ISLAMIC MOVEMENT,"
"TALIBANO ISLAMI TAHRIK," AND "TAHRIKE ISLAMI'A TALIBAN."
MOHAMMED OMAR (AMIR AL-MUMINEEN ¦ COMMANDER OF THE FAITHFUL) IS A
PERSON DESIGNATED PURSUANT TO THIS ORDER. IMPORTATIONS FROM THESE
PARTIES ARE PROHIBITED UNLESS THEY ARE LEGALLY EXEMPTED AS
DESCRIBED ABOVE OR ACCOMPANIED BY AN OFAC (SPECIFIC) LICENSE.

E.O. 13129 STATES THE TERM "THE TERRITORY OF AFGHANISTAN
CONTROLLED BY THE TALIBAN" MEANS THE TERRITORY REFERRED TO AS THE
"ISLAMIC EMIRATE OF AFGHANISTAN," KNOWN IN PASHTUN AS "DE
AFGHANISTAN ISLAMI EMARAT" OR IN DARI AS "EMARAT ISLAMI-E
AFGHANISTAN," INCLUDING THE FOLLOWING PROVINCES OF THE COUNTRY OF
AFGHANISTAN:
BADGHIS, BALKH, FARAH, FARYAB, GHAZNI, GHOWR, HELMUND, HERAT,
JOWLAN, KANDAHAR, LOWGAR, NANGARHAR, NIMRUZ, ORUZGHON,
PAKTIHA, PAKTIKA, VARDAN, AND ZABOL.

OFAC HAS INFORMED US THAT THE TALIBAN IS SEEKING CONTROL OF OTHER
PROVINCES SO CUSTOMS OFFICERS SHOULD CHECK THE CURRENT LIST OF
TALIBAN CONTROLLED PROVINCES AT WWW.TREAS.GOV/OFAC OR
FAX-ON-DEMAND AT 202 622-0077 AND REQUEST THE MATERIALS RELATED TO
THE TALIBAN PROGRAM.

SINCE THIS EMBARGO DOES NOT ENCOMPASS THE ENTIRE COUNTRY OF
AFGHANISTAN, ABI TRANSMISSIONS WILL BE PERMITTED TO FACILITATE
MONITORING OF THIS PROGRAM. HOWEVER, CUSTOMS OFFICERS SHOULD NOT
RELEASE SHIPMENTS FROM AFGHANISTAN UNLESS THE GOODS ARE
ACCOMPANIED BY AN OFAC LICENSE OR UNTIL THEY ARE SATISFIED THAT
THE GOODS ARE NOT FROM THE TERRITORY CONTROLLED BY THE TALIBAN AS
DESCRIBED ABOVE.

IN MAKING THE DETERMINATION THAT THE GOODS ARE NOT FROM THE
TERRITORY CONTROLLED BY THE TALIBAN, CUSTOMS OFFICERS MAY REQUEST
DOCUMENTATION FROM THE IMPORTER THAT SUBSTANTIATES THE NON-TALIBAN
ORIGIN CLAIM. CUSTOMS OFFICERS SHOULD ANNOTATE THE ENTRY OR
ELECTRONIC RECORD WITH THE REASON FOR RELEASE. IF THE PROVINCE OF
ORIGIN IS UNKNOWN OR CANNOT BE ESTABLISHED, THE GOODS SHOULD BE
TREATED AS ORIGINATING IN TALIBAN-CONTROLLED AFGHANISTAN.

OFAC HAS ALSO INFORMED US THAT FOR THE PURPOSES OF THIS E.O.,
GOODS OF AFGHAN ORIGIN CONTAINING ONLY A PORTION FROM
TALIBAN-CONTOLLED TERRITORY (E.G. CERTAIN AGRICULTURAL PRODUCTS
AND COMMODITIES) SHOULD BE TREATED AS WHOLLY ORIGINATING IN
TALIBAN-CONTROLLED TERRITORY AND NOT BE ADMITTED INTO THE U.S
WITHOUT AN OFAC LICENSE.

LICENSES OR DOCUMENTATION SUBMITTED IN SUPPORT OF A NON-TALIBAN
ORIGIN CLAIM MUST BE SUBMITTED WITH THE ENTRY SUMMARY. CUSTOMS
OFFICERS SHOULD ANNOTATE THE ENTRY SUMMARY OR ELECTRONIC RECORD
WITH THE REASON FOR ADMISSIBILITY.

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GOODS WHICH ARE PROHIBITED BY THIS ORDER ARE SUBJECT TO SEIZURE IN
ACCORDANCE WITH 19 C.F.R. 12.150. OFAC HAS NOT AUTHORIZED
REEXPORTATION OR OTHER DISPOSITION OF THIS MERCHANDISE.

E.O. 13129 ALSO PROHIBITS ANY TRANSACTION BY ANY UNITED STATES
PERSON OR WITHIN THE UNITED STATES THAT EVADES OR AVOIDS, OR HAS
THE PURPOSE OF EVADING OR AVOIDING, OR ATTEMPTS TO VIOLATE, ANY OF
THE PROHIBITIONS SET FORTH IN THIS ORDER AS WELL AS ANY CONSPIRACY
FORMED TO VIOLATE ANY OF THE PROHIBITONS SET FORTH IN THIS ORDER.
FIELD PERSONNEL WHO SUSPECT OR DISCOVER SUCH VIOLATIONS SHOULD
FOLLOW LOCAL PORT PROCEDURES FOR REFERRALS FOR INVESTIGATIONS.

QUESTIONS:

A COPY OF THIS MESSAGE IS AVAILABLE TO THE PUBLIC ON THE CUSTOMS
WEBSITE AT WWW.CUSTOMS.TREAS.GOV IN THE CUSTOMS ELECTRONIC
BULLETIN BOARD (CEBB) UNDER FILES, TRADE OPERATIONS INSTRUCTIONS.

QUESTIONS FROM THE MEDIA SHOULD BE DIRECTED TO THE OFFICE OF
PUBLIC AFFAIRS AT (202 927-1770 FROM 7:30 AM THROUGH 7:00 PM
EASTERN TIME.

QUESTIONS FROM THE PUBLIC ON OBTAINING AN OFAC LICENSE SHOULD BE
ADDRESSED TO THE OFFICE OF FOREIGN ASSETS CONTROL (OFAC), 1500
PENNSYLVANIA AVE., NW, ANNEX 2ND FLOOR, WASHINGTON, DC 20220.
LICENSE REQUESTS, SO ADDRESSED, MAY ALSO BE FAX'D TO OFAC AT (202)
622-1657.

QUESTIONS ON ADMISSIBLITY OF ACCOMPANYING BAGGAGE SHOULD BE
ADDRESSED TO PASSENGER PROCESSING, OFO, AT (202) 927-0530.

ANY OTHER QUESTIONS ON THESE INSTRUCTIONS SHOULD BE ADDRESSED TO
YVONNE TOMENGA AT (202) 927-0133 OR BRAD LUND AT (202) 927-0192 OF
OTHER GOVERNMENT AGENCY LIAISON, TRADE PROGRAMS, OFO.

ELIZABETH G. DURANT