SEC Company Response from PACIFIC CMA INC (CIK 0001071775) — Sep 29, 2005
PACIFIC CMA INC (CIK 0001071775)
Date: Sept. 29, 2005 · CIK: 0001071775 · Accession: 0001144204-05-030310
AI Filing Summary & Sentiment
Referenced dates: September 16, 2005
Letter
September 29, 2005 VIA Edgar --------- Cecilia D. Blye, Chief Office of Global Security Risk Division of Corporation Finance Securities & Exchange Commission Washington, D.C. 20549-0507
Re: Pacific CMA, Inc. Form 10-K for the Fiscal Year Ended December 31, 2004 ------------------------------
Dear Ms. Blye,
This is in reply to your letter of comment dated September 16, 2005, regarding Pacific CMA, Inc.'s ("PAM") Form 10-K for the fiscal year ended December 31, 2004.
At the outset, please be advised that PAM does not have any past or current contacts, directly or indirectly, with Iran and any boycotted countries, nor has PAM any materials, supplies, component and goods transported to or arranged for transport to, from or in a boycotted country.
Your letter states that:
... you define "IATA" Area 2" as including a number of countries and geographic regions, including Iran.
We do not define "IATA Area 2;" all IATA areas are defined by the International Air Transport Association in The Cargo Tariff Manual, 63rd Edition, IATA Netherlands Data Publications.
There are 3 separate IATA areas around the globe and within each area there are sub-areas. The definition of IATA Area 2 begins as follows:
IATA Area 2 comprises all of Europe (including the European part of the Russian Federation) and the adjacent islands, the Azores, all of Africa and the adjacent islands, Ascension Island, that part of Asia lying west of and including Iran (Islamic Rep. of).
<PAGE>
A complete definition of IATA Area 2 is attached as Appendix A.
As with the definitions of IATA Areas 1 and 3, PAM essentially copied the general definition with the exclusion of the description of Sub-areas.
Attached as Appendix B is a breakdown on a country by country basis of our revenues for our fiscal year ended December 31, 2004 from each of the countries included in IATA Area 2.
PAM provides import and export freight forwarding, logistical support services. PAM prepared the Geographical Segment Note by classifying revenue according to the locations of origin and destination of each shipment. For export shipments, we classified the revenue by the place of destination. For import shipments, revenue is classified by the place of origin. It is impractical to list all the IATA Area 1, 2 and 3 countries in that note. Having identified the relevant countries, PAM further grouped revenues into IATA Areas 1, 2 and 3 according to their standard definitions. The IATA Area Codes are standardized and widely used in the freight forwarding industry and we believed such a presentation could provide more meaningful information to investors.
Lastly, PAM understands that Iran has been identified by the U.S. State Department as a state sponsor of terrorism and is subject to economic sanctions administered by the U.S. Treasury Department's Office of Foreign Assets Control. We also understand that the Form 5713 must be filed if a U.S. person that has operations in or related to a boycotting country, or with the government, a company, or a national of a boycotting country. However, we do not have any past and current contacts, directly or indirectly, with Iran and the boycott countries.
Should you have any further comments or questions, please do not hesitate contacting us again or you may contact our attorneys, Robert Perez and/or Lawrence Nusbaum of Gusrae, Kaplan, Bruno & Nusbaum PLLC, 120 Wall Street, New York, New York 10005, telephone number 212-269-1400.
If this satisfies your concerns and you have no further comments, your written advice to that effect would be appreciated.
Very truly yours,
Pacific CMA, Inc.
Show Raw Text
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September 29, 2005
VIA Edgar
---------
Cecilia D. Blye, Chief
Office of Global Security Risk
Division of Corporation Finance
Securities & Exchange Commission
Washington, D.C. 20549-0507
Re: Pacific CMA, Inc.
Form 10-K for the Fiscal Year
Ended December 31, 2004
------------------------------
Dear Ms. Blye,
This is in reply to your letter of comment dated September 16, 2005,
regarding Pacific CMA, Inc.'s ("PAM") Form 10-K for the fiscal year ended
December 31, 2004.
At the outset, please be advised that PAM does not have any past or
current contacts, directly or indirectly, with Iran and any boycotted countries,
nor has PAM any materials, supplies, component and goods transported to or
arranged for transport to, from or in a boycotted country.
Your letter states that:
... you define "IATA" Area 2" as including a number of countries and
geographic regions, including Iran.
We do not define "IATA Area 2;" all IATA areas are defined by the
International Air Transport Association in The Cargo Tariff Manual, 63rd
Edition, IATA Netherlands Data Publications.
There are 3 separate IATA areas around the globe and within each area
there are sub-areas. The definition of IATA Area 2 begins as follows:
IATA Area 2 comprises all of Europe (including the European part of
the Russian Federation) and the adjacent islands, the Azores, all of
Africa and the adjacent islands, Ascension Island, that part of Asia
lying west of and including Iran (Islamic Rep. of).
<PAGE>
A complete definition of IATA Area 2 is attached as Appendix A.
As with the definitions of IATA Areas 1 and 3, PAM essentially copied the
general definition with the exclusion of the description of Sub-areas.
Attached as Appendix B is a breakdown on a country by country basis of our
revenues for our fiscal year ended December 31, 2004 from each of the countries
included in IATA Area 2.
PAM provides import and export freight forwarding, logistical support
services. PAM prepared the Geographical Segment Note by classifying revenue
according to the locations of origin and destination of each shipment. For
export shipments, we classified the revenue by the place of destination. For
import shipments, revenue is classified by the place of origin. It is
impractical to list all the IATA Area 1, 2 and 3 countries in that note. Having
identified the relevant countries, PAM further grouped revenues into IATA Areas
1, 2 and 3 according to their standard definitions. The IATA Area Codes are
standardized and widely used in the freight forwarding industry and we believed
such a presentation could provide more meaningful information to investors.
Lastly, PAM understands that Iran has been identified by the U.S. State
Department as a state sponsor of terrorism and is subject to economic sanctions
administered by the U.S. Treasury Department's Office of Foreign Assets Control.
We also understand that the Form 5713 must be filed if a U.S. person that has
operations in or related to a boycotting country, or with the government, a
company, or a national of a boycotting country. However, we do not have any past
and current contacts, directly or indirectly, with Iran and the boycott
countries.
Should you have any further comments or questions, please do not hesitate
contacting us again or you may contact our attorneys, Robert Perez and/or
Lawrence Nusbaum of Gusrae, Kaplan, Bruno & Nusbaum PLLC, 120 Wall Street, New
York, New York 10005, telephone number 212-269-1400.
If this satisfies your concerns and you have no further comments, your
written advice to that effect would be appreciated.
Very truly yours,
Pacific CMA, Inc.
By: /S/ Alfred Lam
----------------------------------------
Alfred Lam
Chairman of the Board
<PAGE>
APPENDIX A
IATA Area 2 comprises all of Europe (including the European part of the Russian
Federation) and the adjacent islands, Iceland, The Azores, all of Africa and the
adjacent islands, Ascension Island, that part of Asia lying west of and
including Iran (Islamic Rep. of)
IATA AREA 2 - SUB AREAS
Within Europe sub-area, that is within the area composed at Albania, Algeria,
Andorra, Armenia, Austria, Azerbaijan, Azores, Belarus, Belgium, Bosnia and
Herzegovina, Bulgaria, Canary Islands Croatia, Cyprus, Czech Republic, Denmark,
Estonia, Finland, France, Georgia, Germany, Gibraltar, Greece, Hungary, Iceland,
Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia (the
former Yugoslav Rep. of), Madeira, Malta, Moldova, Monaco, Morocco, Netherlands,
Norway, Poland, Portugal, Romania, Russia (in Europe), San Marina, Serbia and
Montenegro, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Tunisia,
Turkey (in Europe and Asia) Ukraine, United Kingdom.
Within Middle East sub-area, that is within the area composed of: Bahrain,
Egypt, Iran (Islamic Rep. of), Iraq, Israel, Jordan, Kuwait Lebanon, Oman,
Palestinian Territory (Occupied), Qatar, Saudi Arabia, Sudan, Syria, United Arab
Emirates (comprised of Abu Dhabi Ajman, Dubai, Fujairah, Ras al Khaimah, Sharjah
and Umm al Qaiwain), Yemen.
Within Africa sub-area, that is within the area composed of: Central Africa,
Eastern Africa, Indian Ocean Islands, Libyan Arab Jamahiriya, Southern Africa
and Western Africa.
Central Africa comprises: Malawi Zambia and Zimbabwe.
Eastern Africa comprises: Burundi, Djibouti, Eritrea, Ethiopia, Kenya, Rwanda,
Somalia, Tanzania and Uganda.
Indian Ocean Islands comprises Comoros, Madagascar, Mauritius, Mayotte, Reunion
Island and Seychelles Islands.
Southern Africa comprises: Botswana, Lesotho, Mozambique, South Africa, Namibia
and Swaziland.
Western Africa comprises: Angola, Benin, Burkina Faso, Cameroon, Cape Verde,
Central African Republic, Chad, Congo (Brazzaville), Congo (Kinshasa), Cote of
d'lvoire, Equatorial Guinea, Gabon, Gambia, Ghana, Guinea, Guinea Bissau,
Liberia, Mali, Mauritania Niger, Nigeria, Sao Tome and Principe, Senegal Sierra
Leone, and Togo.
(Source: The Air Cargo Tariff Manuals, 63rd Edition, IATA Netherlands Data
Publications)
<PAGE>
APPENDIX B
COUNTRIES $
Algeria 14,823.55
Angola 17,785.99
Austria 4,707.10
Belarus 491,045.27
Belgium 394,015.63
Benin 30.89
Botswana 4,357.40
Bulgaria 4,428.03
Cameroon 6,307.53
Central African Republic 125,283.36
Congo 52,508.74
Congo, the Democratic Republic of 10,979,970.99
Cote D'Ivoire 6,081.07
Croatia 11,065.17
Cyprus 906.03
Czech Republic 255,201.10
Denmark 29,129.87
Egypt 241,195.05
Estonia 1,185.77
Ethiopia 836.01
Finland 118,441.32
France 359,150.96
FYRO Macedonia 247.60
Gabon 397.68
Georgia 41,524.92
Germany 975,769.61
Ghana 4,406.06
Greece 180,884.34
Guinea 614.06
Hungary 968.34
Iceland 3,683.98
Ireland 34,608.43
Israel 337,601.30
Italy 448,835.45
Jordan 653,330.19
Kenya 227,218.69
Latvia 767.21
Lesotho 17,196.49
Lithuania 8,689.50
Luxembourg 2,790.78
Madagascar 73,848.85
<PAGE>
Malta 1,663.93
Mauritius 330,593.42
Morocco 158,192.39
Mozambique 673.06
Netherlands 520,001.26
Nigeria 39,111.14
Norway 27,266.81
Poland 28,735.32
Portugal 57,012.57
Romania 5,891.66
Russian Federation 9,181.48
Sao Tome and Principe 11,304.75
Slovenia 2,485.95
Somalia 11,142.73
South Africa 207,722.00
Spain 430,604.61
Sudan 359.91
Sweden 26,917.74
Switzerland 1,198,641.98
Tanzania 66,477.52
Tunisia 4,599.47
Turkey 521,692.77
Uganda 267.70
Ukraine 600.00
United Kingdom 4,173,079.77
----------------------------
23,966,060.25
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