SEC Company Response from PACIFIC CMA INC (CIK 0001071775) — Dec 13, 2005
PACIFIC CMA INC (CIK 0001071775)
Date: Dec. 13, 2005 · CIK: 0001071775 · Accession: 0001144204-05-039556
AI Filing Summary & Sentiment
Letter
* MEMBER N.Y. AND N.J. BAR /\ MEMBER FLA. AND IOWA BAR December 13, 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,
Attached please find the reply of our client, giving the factual background responding to your letter of November 30, 2005.
In your letter, you state:
We also note that Appendix B to your letter [of September 29, 2005] identifies Sudan as a country with respect to which you received revenue during fiscal 2004.
That is not a completely accurate statement.
Our client's letter further explained that: "For export shipments, we classified revenue by the place of destination."
As our attached client's letter explains:
1. The shipment was arranged through the Registrant's Hong Kong subsidiary. Hong Kong is an SAR of the People's Republic of China.
2. The shipper was located in the People's Republic of China who was billed for and paid for the shipment costs of less than US $360.00.
<PAGE>
GUSRAE, KAPLAN, BRUNO & NUSBAUM PLLC
Cecilia D. Blye, Chief Securities and Exchange Commission December 13, 2005 Page 2
3. The shipment (one) consisted of door accessories (locks, hinges and decorative items).
4. The recipient of the door accessories has no contract or other relationship with the Registrant.
We further note that the Sudanese Sanctions Regulations 31 C.F.R. Part 538 et. seq. (the "Sudan Sanctions") addresses activities by U.S. Persons, specifically, Section 538.315 defines a U.S. Person to mean:
... any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.
An otherwise potentially relevant section of the Sudan Sanctions is Section 538.205 that follows:
ss. 538.205 Prohibited exportation and reexportation of goods, technology, or services to Sudan.
Except as otherwise authorized, the exportation or reexportation, directly or indirectly, to Sudan of any goods, technology (including technical data, software, or other information) or services from the United States or by a United States person, wherever located, or requiring the issuance of a license by a Federal agency, is prohibited. (Emphasis added)
In this instance, the shipment was arranged by a People's Republic of China entity located in the People's Republic of China who paid a Hong Kong corporation directly. Our view is that the Sudan Sanctions have no applicability to the instant situation . Please advise as to your views of the applicability of the Sudan Sanctions based upon the facts related by our client. The Sudan Sanctions do not appear to have any relevance to the Registrant's SEC filings.
<PAGE>
GUSRAE, KAPLAN, BRUNO & NUSBAUM PLLC
Cecilia D. Blye, Chief Securities and Exchange Commission December 13, 2005 Page 3
If you are unable to advise in that regard, we suggest that the staff and this firm jointly contact the United States Treasury Department and the government of the People's Republic of China for assistance. In that regard, please contact the undersigned at telephone number 212-269-1400 or via e-mail at rperez@gkblaw. com.
Very truly yours,
/s/ Robert Perez
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GUSRAE, KAPLAN, BRUNO & NUSBAUM PLLC
ATTORNEYS AT LAW
120 WALL STREET
NEW YORK, NEW YORK 10005
--------
(212) 269-1400
TELECOPIER (212) 809-5449
CIRINO M. BRUNO * OF COUNSEL
MELVYN J. FALIS, P.C. ROBERT L. BLESSEY
DAVID A. GEHN DAVID A. CARTER, P.A.
MARTIN H. KAPLAN BERT L. GUSRAE
SCOTT M. MILLER *
LAWRENCE G. NUSBAUM
ROBERT PEREZ
BILL SINGER
-----
* MEMBER N.Y. AND N.J. BAR
/\ MEMBER FLA. AND IOWA BAR
December 13, 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,
Attached please find the reply of our client, giving the factual
background responding to your letter of November 30, 2005.
In your letter, you state:
We also note that Appendix B to your letter [of September 29,
2005] identifies Sudan as a country with respect to which you received
revenue during fiscal 2004.
That is not a completely accurate statement.
Our client's letter further explained that: "For export shipments, we
classified revenue by the place of destination."
As our attached client's letter explains:
1. The shipment was arranged through the Registrant's Hong
Kong subsidiary. Hong Kong is an SAR of the People's Republic of China.
2. The shipper was located in the People's Republic of China
who was billed for and paid for the shipment costs of less than US
$360.00.
<PAGE>
GUSRAE, KAPLAN, BRUNO & NUSBAUM PLLC
Cecilia D. Blye, Chief
Securities and Exchange Commission
December 13, 2005
Page 2
3. The shipment (one) consisted of door accessories (locks,
hinges and decorative items).
4. The recipient of the door accessories has no contract or
other relationship with the Registrant.
We further note that the Sudanese Sanctions Regulations 31 C.F.R. Part
538 et. seq. (the "Sudan Sanctions") addresses activities by U.S. Persons,
specifically, Section 538.315 defines a U.S. Person to mean:
... any United States citizen, permanent resident alien,
entity organized under the laws of the United States or any
jurisdiction within the United States (including foreign branches), or
any person in the United States.
An otherwise potentially relevant section of the Sudan Sanctions is
Section 538.205 that follows:
ss. 538.205 Prohibited exportation and reexportation of goods,
technology, or services to Sudan.
Except as otherwise authorized, the exportation or
reexportation, directly or indirectly, to Sudan of any goods,
technology (including technical data, software, or other
information) or services from the United States or by a United
States person, wherever located, or requiring the issuance of a
license by a Federal agency, is prohibited. (Emphasis added)
In this instance, the shipment was arranged by a People's Republic of
China entity located in the People's Republic of China who paid a Hong Kong
corporation directly. Our view is that the Sudan Sanctions have no applicability
to the instant situation . Please advise as to your views of the applicability
of the Sudan Sanctions based upon the facts related by our client. The Sudan
Sanctions do not appear to have any relevance to the Registrant's SEC filings.
<PAGE>
GUSRAE, KAPLAN, BRUNO & NUSBAUM PLLC
Cecilia D. Blye, Chief
Securities and Exchange Commission
December 13, 2005
Page 3
If you are unable to advise in that regard, we suggest that the staff
and this firm jointly contact the United States Treasury Department and the
government of the People's Republic of China for assistance. In that regard,
please contact the undersigned at telephone number 212-269-1400 or via e-mail at
rperez@gkblaw. com.
Very truly yours,
/s/ Robert Perez
RP:lh
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