8:41 After his introduction, BIS Office of Nonproliferation and Treaty Compliance Director Steven Goldman introduces the panel -- Joan Roberts, Director of the BIS Foreign Policy Division, Dave Nelson, Director of the State Department's Office of Terrorism Finance and Economic Sanctions Policy, and Karen Nies-Vogel, who Goldman calls "Joan's deputy".
8:48 Goldman notes one of the oddities of current US sanctions policy -- you can still export EAR99 items to North Korea without need for a license.
8:53 BIS plans a policy of denial for Cuba for medical equipment intended for medical tourism there or in support of Cuban-Venezuelan medical care for petroleum exchanges.
8:56 Cuba licensing stats -- 303 applications, 175 of which were approved, 8 were denied and 119 returned without action. Also, 166 AGR notices, 163 of which were approved and 3 were incomplete. Average processing time 30 days.
8:58 Iraq licensing stats -- 112 applications, 76 approved, 36 RWA'd, 0 denied. Average processing time 29 days. Armored passenger vehicles, personal protective equipment and crime control item are the main exports, mostly to US forces and Iraqi Government.
9:03 As part of the recent rule removing AT controls, Roberts notes that Liyba was also moved from Country Group E:1 to D:1, opening up eligibility for a number of license exceptions.
9:04 US trade with Libya more than doubled between 2004 and 2005. Major exports were equipment vehicles, measurement and testing equipment, medical equipment, software computers, and diesel engines.
9:06 Libya stats -- 303 applications, 259 approved, 1 denied, 43 RWA'd. Avg processing time 35 days.
9:07 US has supported South Korean efforts in Kaesong Industrial Complex in the North through limited licensing
9:09 North Korea stats -- 9 applications, 1, approved, 1 denied, 7 RWA'd (all of the RWA's were related). 14 day average processing time.
9:13 Syria -- 249 applications, 169 of which were approved (no denial/RWA breakdown provided). Computer hardware, software, electronic equipment are among the items frequently denied. Average processing time 28 days.
9:16 Nies-Vogel, the BIS point woman on Syria, urges applicants to carefully consider quantities -- higher figures may slow down processing if you cannot provide a good justification. Also, specifically for aircraft, provide a clear link between each part and an aircraft tail number.
9:19 Sudan -- both OFAC and BIS have jurisdiction, submit applications to both simultaneously. Stats -- approved 17 licenses, avg. processing time 22 days (no application figure provided). Telecom, computers and software among the items authorized.
9:26 A curious addition to this year's program -- the United Arab Emirates. Goldman's preface included a disclaimed that there's no intention to sanction the UAE and it mainly seems to be included in the discussion in its role as a key transshipment hub for Iran (see General Order No. 3). UAE stats - 151 applications, 131 approved, 4 denied, 16 RWA'd with an average processing time of 37 days.
9:45 Q: Does BIS require a license for EAR99 medical equipment to Venezuela if Cuban interests are involved? A: If it's being transshiped to Cuba, then yes a license is required. If the item is staying in Venezuela for the benefit of a Cuban interest, see OFAC.
9:47 Q: Why can't Americans visit Cuba for humanitarian reasons? A: They can, under license. Going through Mexico doesn't avoid the license requirement.
9:48 Q: Can EAR99 items be exported to Libya wo/a license? A: Yes
[Are these really representative of the quality of the questions or is the panel just picking the easy ones to answer?]
9:50 Roberts reminds everyone that there's no concept of a deemed export in the OFAC regs on Iran, so see BIS for Iranian nationals w/access to technology in the US.
9:51 Q: Describe the level of effort an exporter is supposed to take in determining if their transaction involves installed base items? A: Re: Libya, you should understand the technology involved and whether installed base items are there.
9:52 Q: Is the de minimis rule for reexports applicable to Syria? A: Yes, at 10 percent controlled US content.
9:55 Q: Do you expect USG enforcement posture toward ILSA/IPSA will remain passive? A: I disagree that it's passive. It's a "useful and effective tool" to launch discussions with the private sector and foreign governments.
9:56 Q: What are luxury goods vis a visa North Korea? A: That hasn't been worked out yet.
9:56 Q: Any movement on Syria 6(j) cases (referring to State's determination that certain exports to Syria would contribute to Syria's military capabilities)? A: No, not really, we do not think these are so urgent.
9:58 Q: Does standard office equipment fall under the carve-out for free flow of information in Syria? A: It's a tougher call than equipment for Syrian telecom infrastructure.
9:59 Q: Will you publish a list of approved hospitals in Syria? A: No, not now.
9:59 Q: How do you handle spare parts for medial equipment to Syria? A: Best idea is to include spare parts with the new equipment if at all possible. Otherwise, it can be tough for us to distinguish what's appropriate.