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Case No. WMD-11; Related State Department Correspondence; Notable Court Order

Date issued: Oct. 13 2004

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OCT 13 2004

Case No. WMD-11

Beston Chemical Corporation.
c/o Shaw Pittman LLP
2300 N Street NW
Washington. DC 20037-1128
Attn: Stephen E. Becker, Esq.
Dear Mr. Becker:

This letter responds to your October 4, 2004 application to the Office of Foreign Assets Control ("OFAC') on behalf of Beston Chemical Corporation ("Beston"), a major importer and distributor of explosive products used in the mining industry, for authorization to import 18,815 cartons of boosters; 192,000 kgs of TNT; and 37,500 kgs of PETN purchased by Beston from China Xinshidai Company “Xinshidai") on August 25, 2004. You state that the goods are currently en route to the United States via the vessel M/S Svend, which is scheduled to dock at the port of Berwick, Louisiana on October 26.

Executive Order 12938 of November 14, 1994,...

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TURBOFAC Commentary (976 words)

Notes:

1) BACKGROUND; OFAC LETTER

This guidance letter is, as of 10/2021, the only one on file that relates to the functionally defunct but still technically active WMDTCR. There are currently no persons designated pursuant to the WMDTCR, of which 539.201 is an import ban that applies to "the importation into the United States, on or after the effective date, directly or indirectly, of any goods, technology, or services produced or provided by a designated foreign person..."

In this case, the goods were purchased prior to the designation of the Xinshidai, but had not yet arrived at the U.S. port. Because the prohibition at 539.201 applies to "goods...produced...by a designated foreign person," they were within the scope of the prohibition even though they were purchased prior to the designation. The interpretation...