ARTICLE
7 December 2005

New "USPL" License Exception Allows Exports To Libya

On November 16, 2005, the United States Department of Commerce’s (DOC) Bureau of Industry and Security (BIS) relaxed the export regulations governing certain exports to Libya.
United States Government, Public Sector
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Overview

On November 16, 2005, the United States Department of Commerce’s (DOC) Bureau of Industry and Security (BIS) relaxed the export regulations governing certain exports to Libya.

Impact

Specifically, BIS established a new License Exception for United States Persons In Libya (USPL), authorizing the export or reexport, to United States persons in Libya, of certain items listed on the Commerce Control List and controlled for anti-terrorism (AT) reasons only.

BIS has determined that the USPL exception is warranted for certain AT-controlled items that are essential for United States persons conducting business or professional activities in Libya. Exception USPL may only be used when a commodity of the type listed below is exported or reexported for the exclusive use of United States persons in Libya or their employees (within the scope of their employment).

Examples of the commodities now eligible to be exported to Libya pursuant to the exception include portable generators; encryption hardware; certain "Information Security software"; diesel engines; and certain electronic devices and equipment, computers, and telecommunications equipment.

These commodities may also be returned to the United States without authorization from BIS or reexported to a third country without authorization from BIS, consistent with the provisions of the Export Administration Regulations applicable to such reexports.

For more information regarding the proposed changes or assistance with preparing comments, please contact Lisa Prager or Joshua Holzer.

This article is intended to provide information on recent legal developments. It should not be construed as legal advice or legal opinion on specific facts. Pursuant to applicable Rules of Professional Conduct, it may constitute advertising.

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