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	<title>Comments on: BIS Attempts to Halt Export of Go-Fast Boat to Iran</title>
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	<link>http://www.exportlawblog.com/archives/452</link>
	<description>Latest News on DDTC, BIS, OFAC, and other export law matters</description>
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		<title>By: Billy Lather</title>
		<link>http://www.exportlawblog.com/archives/452/comment-page-1#comment-21567</link>
		<dc:creator>Billy Lather</dc:creator>
		<pubDate>Sat, 31 Jan 2009 04:44:04 +0000</pubDate>
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		<description>Hillbilly, very interesting info.</description>
		<content:encoded><![CDATA[<p>Hillbilly, very interesting info.</p>
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		<title>By: Hillbilly</title>
		<link>http://www.exportlawblog.com/archives/452/comment-page-1#comment-21559</link>
		<dc:creator>Hillbilly</dc:creator>
		<pubDate>Thu, 29 Jan 2009 17:46:35 +0000</pubDate>
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		<description>The South African Icarus is related to a Norwegian boat building company of the same name, and its director is a recognized marine architect that serves on the board of advisors of a New England company that specializes in the development of vessels with advanced hull designs.  BIS may have more leverage over Icarus than meets the eye.  On the otherhand, BIS may be stepping on the toes of an Afrikaner with the will and means to fight back, depending on how far BIS wants to push it.</description>
		<content:encoded><![CDATA[<p>The South African Icarus is related to a Norwegian boat building company of the same name, and its director is a recognized marine architect that serves on the board of advisors of a New England company that specializes in the development of vessels with advanced hull designs.  BIS may have more leverage over Icarus than meets the eye.  On the otherhand, BIS may be stepping on the toes of an Afrikaner with the will and means to fight back, depending on how far BIS wants to push it.</p>
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		<title>By: David Brady</title>
		<link>http://www.exportlawblog.com/archives/452/comment-page-1#comment-21556</link>
		<dc:creator>David Brady</dc:creator>
		<pubDate>Wed, 28 Jan 2009 21:47:17 +0000</pubDate>
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		<description>Interesting. Clif writes:

The other two respondents — Tadbir Sanaat Sharif Technology Development Center (TSS), based in Tehran, Iran, and Icarus Marine (Pty) Ltd. of Cape Town, South Africa — are unlikely to try to block the transaction, even if they could, based on the TDO’s provisions forbidding exports to them.

Perhaps I missed something, but I would think the TDO on Icarus Marine could serve as incentive for it to block the transaction.  Under the TDO, for 180 days,  &quot;persons&quot; (like Caterpillar and who knows what other US manufacturers/suppliers) are now prohibited from exporting to Denied Party Icarus Marine, or being involved in any transactions with them, including facilitating re-exports (through foreign companies like Ice Marine). If Icarus Marine wants/needs more Ice boats with Caterpillar engines to sell, it may have to forgo this sale. I suppose Icarus Marine&#039;s risk depends on what Icarus Marine has at stake for future supplies of US origin items, versus what it hopes to gain with this sale.</description>
		<content:encoded><![CDATA[<p>Interesting. Clif writes:</p>
<p>The other two respondents — Tadbir Sanaat Sharif Technology Development Center (TSS), based in Tehran, Iran, and Icarus Marine (Pty) Ltd. of Cape Town, South Africa — are unlikely to try to block the transaction, even if they could, based on the TDO’s provisions forbidding exports to them.</p>
<p>Perhaps I missed something, but I would think the TDO on Icarus Marine could serve as incentive for it to block the transaction.  Under the TDO, for 180 days,  &#8220;persons&#8221; (like Caterpillar and who knows what other US manufacturers/suppliers) are now prohibited from exporting to Denied Party Icarus Marine, or being involved in any transactions with them, including facilitating re-exports (through foreign companies like Ice Marine). If Icarus Marine wants/needs more Ice boats with Caterpillar engines to sell, it may have to forgo this sale. I suppose Icarus Marine&#8217;s risk depends on what Icarus Marine has at stake for future supplies of US origin items, versus what it hopes to gain with this sale.</p>
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		<title>By: Concerned</title>
		<link>http://www.exportlawblog.com/archives/452/comment-page-1#comment-21549</link>
		<dc:creator>Concerned</dc:creator>
		<pubDate>Wed, 28 Jan 2009 18:24:17 +0000</pubDate>
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		<description>You should re-read the recently issued regulation.  BIS started this investigation months ago based on knowledge that the transaction was underway.  The regulation contains a contract sanctity clause that allows transactions that are under contract prior to the imposition of the regulation to be subject to the previous regulations....meaning, if the contract was signed before the rule was published, the transaction is legal.  Therefore, BIS simply embarrassed the South African company (and their government) by falsely accusing them of a violation.</description>
		<content:encoded><![CDATA[<p>You should re-read the recently issued regulation.  BIS started this investigation months ago based on knowledge that the transaction was underway.  The regulation contains a contract sanctity clause that allows transactions that are under contract prior to the imposition of the regulation to be subject to the previous regulations&#8230;.meaning, if the contract was signed before the rule was published, the transaction is legal.  Therefore, BIS simply embarrassed the South African company (and their government) by falsely accusing them of a violation.</p>
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		<title>By: Clif Burns</title>
		<link>http://www.exportlawblog.com/archives/452/comment-page-1#comment-21546</link>
		<dc:creator>Clif Burns</dc:creator>
		<pubDate>Wed, 28 Jan 2009 15:04:26 +0000</pubDate>
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		<description>The talk of yellowcake wasn&#039;t coming from BIS, it was merely some ridiculous speculation by bloggers at the United States Naval Institute, which has no official affiliation with the USN or any other agency of the USG</description>
		<content:encoded><![CDATA[<p>The talk of yellowcake wasn&#8217;t coming from BIS, it was merely some ridiculous speculation by bloggers at the United States Naval Institute, which has no official affiliation with the USN or any other agency of the USG</p>
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		<title>By: Hillbilly</title>
		<link>http://www.exportlawblog.com/archives/452/comment-page-1#comment-21545</link>
		<dc:creator>Hillbilly</dc:creator>
		<pubDate>Wed, 28 Jan 2009 14:45:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.exportlawblog.com/?p=452#comment-21545</guid>
		<description>This ain&#039;t no cigarette boat or dhow. This particular powerboat set the record for circum-navigating Britain at an average speed of 63.  That speed could make targeting a tad tricky for older helicopter gunships, like the Marines&#039; SeaCobra.  It comes equipped with all sorts of luxury items which could be stripped out and replaced by enhanced radar and other sensors and fire control and communication equpment. When its planing along at top speed it will pull a very shallow draft which will allow it to avoid most mines and torpedoes, while coming in at water level at that speed rivals speed of attack helicopters and fixed wing aircraft operating at such low altitudes and are very stealthy. Most helos and aircraft are designed for, and their crews train for, engaging conventional warships or land targets. During WWII the US used PT boats to challenge Japanese destroyers in the Solomons.  The Germans used E-boats in the Channel.  Even given the advancement in sensors and weaponry, many NATO frigates would have difficulty engaging such a capable platform, as they were designed for anti-submarine or anti-aircraft duty in the Soviet era. When converted by someone who knows what they&#039;re doing, the Bladerunner could be the ideal platform for challenging conventional destroyers, frigates, corvettes and their accompanying aircraft escorting Very Large Crude Carriers or larger warships in the Gulf.

The talk about yellowcake is just smoke to justify a seizure in international waters of a civilian craft under the anti-proliferation initiative.</description>
		<content:encoded><![CDATA[<p>This ain&#8217;t no cigarette boat or dhow. This particular powerboat set the record for circum-navigating Britain at an average speed of 63.  That speed could make targeting a tad tricky for older helicopter gunships, like the Marines&#8217; SeaCobra.  It comes equipped with all sorts of luxury items which could be stripped out and replaced by enhanced radar and other sensors and fire control and communication equpment. When its planing along at top speed it will pull a very shallow draft which will allow it to avoid most mines and torpedoes, while coming in at water level at that speed rivals speed of attack helicopters and fixed wing aircraft operating at such low altitudes and are very stealthy. Most helos and aircraft are designed for, and their crews train for, engaging conventional warships or land targets. During WWII the US used PT boats to challenge Japanese destroyers in the Solomons.  The Germans used E-boats in the Channel.  Even given the advancement in sensors and weaponry, many NATO frigates would have difficulty engaging such a capable platform, as they were designed for anti-submarine or anti-aircraft duty in the Soviet era. When converted by someone who knows what they&#8217;re doing, the Bladerunner could be the ideal platform for challenging conventional destroyers, frigates, corvettes and their accompanying aircraft escorting Very Large Crude Carriers or larger warships in the Gulf.</p>
<p>The talk about yellowcake is just smoke to justify a seizure in international waters of a civilian craft under the anti-proliferation initiative.</p>
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