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SEC Comment Letter for DAIMLERCHRYSLER AG (MBGAF, MBGYY) (CIK 0001067318) (MBGAF) — Oct 14, 2005

DAIMLERCHRYSLER AG (MBGAF, MBGYY) (CIK 0001067318)
Date: Oct. 14, 2005 · CIK: 0001067318 · Accession: 0000000000-05-052761

AI Filing Summary & Sentiment

Referenced dates: August 15, 2005, June 30, 2005

Date
October 5, 2005
Author
Risk
Form
UPLOAD
Company
DAIMLERCHRYSLER AG (MBGAF, MBGYY) (CIK 0001067318)

Letter

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549-5546 DIVISION OF CORPORATION FINANCE October 5, 2005 Via U.S. Mail Jurgen E. Schrempp Chairman Epplestrasse 225, Stuttgart, Germany

RE: DaimlerChrysler AG Form 20-F for the fiscal year-ended December 31, 2004 Response Letter Dated August 15, 2005 File No. 1-12356

Dear Mr. Schrempp:

We have reviewed the above filing and response letter and have the following comment. We have limited our review of your Form 20-F to disclosures relating to your contacts with countries that have been identified as state sponsors of terrorism, and will make no further review of the Form 20-F. Our review with respect to this issue does not preclude further review by the Assistant Director group with respect to other issues. At this juncture, we are asking you to provide us with supplemental information, so that we may better understand your disclosure. Please be as detailed as necessary in your response. After reviewing this information, we may or may not raise additional comments.

Please understand that the purpose of our review process is to assist you in your compliance with the applicable disclosure requirements and to enhance the overall disclosure in your filings. We look forward to working with you in these respects. We welcome any questions you may have about our comment or on any other aspect of our review. Feel free to call us at the telephone number listed at the end of this letter.

General -

1. We note your August 15, 2005, response to our letter dated June 30, 2005. It is not clear from your response that, in addressing the materiality of your operations and sales in Iran, and whether they pose a material investment risk to your security holders, you have considered these matters in light of the potential impact on your reputation and share value of the fact that you conduct business in, and have business ties to the government of, this country that is identified by the U.S. government as a state sponsor of terrorism and subject to U.S. economic sanctions, notwithstanding that your operations and sales there may have been conducted in compliance with applicable export laws of Europe and the United States. Please discuss.

2. We note from your website and another publicly available source that you conduct business or have operations in Syria. Describe for us the nature and extent of your operations in and contacts with Syria. Advise us of any contacts or arrangements with the Syrian government, or enterprises owned or controlled by the Syrian government. In view of the fact that Syria has been identified by the U.S. State Department as state sponsors of terrorism, and is subject to economic sanctions administered by the U.S. Treasury Department`s Office of Foreign Assets Control (OFAC), please discuss the materiality of your operations and contacts there, and give us your view as to whether those operations and contacts constitute a material investment risk for your security holders.

3. With respect to your operations in both Iran and Syria, please advise us whether any of the products or services you provide in or to those countries can be put to military use and, if so, the types of military uses to which they can be put; and whether, to your knowledge, such products or services have been put to military use and, if so, the type of military uses to which they have been put.

4. In preparing your response, please consider that evaluations of materiality should not be based solely on quantitative factors, but should include consideration of all factors that a reasonable investor would deem important in making an investment decision, including the potential impact of corporate activities upon a company`s reputation and share value. In this regard, we note that Arizona and Louisiana have adopted legislation requiring divestment from, or reporting of interests in, companies that do business with U.S.-designated state sponsors of terrorism.

Closing Comments

Please respond to this comment within 10 business days or tell us when you will provide us with a response. Please file your response letter on EDGAR.

We urge all persons who are responsible for the accuracy and adequacy of the disclosure in the filings reviewed by the staff to be certain that they have provided all information investors require for an informed decision. Since the company and its management are in possession of all facts relating to the company`s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. In connection with responding to our comment, please provide, in writing, a statement from the company acknowledging that:

the company is responsible for the adequacy and accuracy of the disclosure in the filings;

staff comments or changes to disclosure in response to staff comments do not foreclose the Commission from taking any action with respect to the filings; and

the company may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States.

In addition, please be advised that the Division of Enforcement has access to all information you provide to the staff of the Division of Corporation Finance in our review of your filings or in response to our comments on your filings.

Please understand that we may have additional comments after we review your response to our comment. Please contact me at (202) 551- 3470 if you have any questions or comments about the comment or our review.

Sincerely,
Cecilia D. Blye, Chief
Office of Global Security
Risk

Show Raw Text
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549-5546

         DIVISION OF
CORPORATION FINANCE

							October 5, 2005

Via U.S. Mail
Jurgen E. Schrempp
Chairman
Epplestrasse 225,
70567
Stuttgart, Germany

RE:		DaimlerChrysler AG
		Form 20-F for the fiscal year-ended December 31, 2004
		Response Letter Dated August 15, 2005
		File No. 1-12356

Dear Mr. Schrempp:

      We have reviewed the above filing and response letter and
have
the following comment.  We have limited our review of your Form
20-F
to disclosures relating to your contacts with countries that have
been identified as state sponsors of terrorism, and will make no
further review of the Form 20-F.  Our review with respect to this
issue does not preclude further review by the Assistant Director
group with respect to other issues.  At this juncture, we are
asking
you to provide us with supplemental information, so that we may
better understand your disclosure.  Please be as detailed as
necessary in your response. After reviewing this information, we
may
or may not raise additional comments.

      Please understand that the purpose of our review process is
to
assist you in your compliance with the applicable disclosure
requirements and to enhance the overall disclosure in your
filings.
We look forward to working with you in these respects.  We welcome
any questions you may have about our comment or on any other
aspect
of our review.  Feel free to call us at the telephone number
listed
at the end of this letter.

General -

1. We note your August 15, 2005, response to our letter dated June
30, 2005.  It is not clear from your response that, in addressing
the
materiality of your operations and sales in Iran, and whether they
pose a material investment risk to your security holders, you have
considered these matters in light of the potential impact on your
reputation and share value of the fact that you conduct business
in,
and have business ties to the government of, this country that is
identified by the U.S. government as a state sponsor of terrorism
and
subject to U.S. economic sanctions, notwithstanding that your
operations and sales there may have been conducted in compliance
with
applicable export laws of Europe and the United States.  Please
discuss.

2. We note from your website and another publicly available source
that you conduct business or have operations in Syria.  Describe
for
us the nature and extent of your operations in and contacts with
Syria.  Advise us of any contacts or arrangements with the Syrian
government, or enterprises owned or controlled by the Syrian
government.  In view of the fact that Syria has been identified by
the U.S. State Department as state sponsors of terrorism, and is
subject to economic sanctions administered by the U.S. Treasury
Department`s Office of Foreign Assets Control (OFAC), please
discuss
the materiality of your operations and contacts there, and give us
your view as to whether those operations and contacts constitute a
material investment risk for your security holders.

3. With respect to your operations in both Iran and Syria, please
advise us whether any of the products or services you provide in
or
to those countries can be put to military use and, if so, the
types
of military uses to which they can be put; and whether, to your
knowledge, such products or services have been put to military use
and, if so, the type of military uses to which they have been put.

4. In preparing your response, please consider that evaluations of
materiality should not be based solely on quantitative factors,
but
should include consideration of all factors that a reasonable
investor would deem important in making an investment decision,
including the potential impact of corporate activities upon a
company`s reputation and share value.  In this regard, we note
that
Arizona and Louisiana have adopted legislation requiring
divestment
from, or reporting of interests in, companies that do business
with
U.S.-designated state sponsors of terrorism.

Closing Comments

      Please respond to this comment within 10 business days or
tell
us when you will provide us with a response.  Please file your
response letter on EDGAR.

      We urge all persons who are responsible for the accuracy and
adequacy of the disclosure in the filings reviewed by the staff to
be
certain that they have provided all information investors require
for
an informed decision.  Since the company and its management are in
possession of all facts relating to the company`s disclosure, they
are responsible for the accuracy and adequacy of the disclosures
they
have made.  In connection with responding to our comment, please
provide, in writing, a statement from the company acknowledging
that:

the company is responsible for the adequacy and accuracy of the
disclosure in the filings;

staff comments or changes to disclosure in response to staff
comments
do not foreclose the Commission from taking any action with
respect
to the filings; and

the company may not assert staff comments as a defense in any
proceeding initiated by the Commission or any person under the
federal securities laws of the United States.

In addition, please be advised that the Division of Enforcement
has
access to all information you provide to the staff of the Division
of
Corporation Finance in our review of your filings or in response
to
our comments on your filings.

      Please understand that we may have additional comments after
we
review your response to our comment.  Please contact me at (202)
551-
3470 if you have any questions or comments about the comment or
our
review.

								Sincerely,

								Cecilia D. Blye, Chief
								Office of Global Security
Risk

cc: 	Dr. Peter Waskonig
	Vice President and General Counsel

      Max Webb
		Assistant Director
		Division of Corporation Finance

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Jurgen E. Schrempp
DaimlerChrysler AG
October 5, 2005
Page 1

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