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PSYART  December 2004, Week 3

PSYART December 2004, Week 3

Subject:

Publishing from Iran, Cuba, Sudan, etc.

From:

Norman Holland <[log in to unmask]>

Reply-To:

Institute for Psychological Study of the Arts <[log in to unmask]>

Date:

Thu, 16 Dec 2004 12:16:55 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (299 lines)

I just got this from Pen American Center.  Apparently one of our
present administration's lunacies is going to go away.

                         --Best,

                                     Norm
Norm Holland
[log in to unmask]
===================================================================

BREAKING NEWS  |  DECEMBER 16, 2004
TREASURY DEPARTMENT LIFTS PUBLISHING RESTRICTIONS


Dear PEN members and Core Freedoms supporters,



Yesterday morning, the Treasury Department issued amendments to
the Office of Foreign Assets Control's (OFAC) regulations that
restrict publications from countries under U.S. trade embargo
(currently Iran, Cuba, Sudan, and North Korea). As you know, PEN
is a party to a lawsuit challenging these restrictions, and on a
preliminary review, the changes look very promising.


A brief press release follows this message as well as the article
in this morning's New York Times. Feel free to copy and
distribute this to anyone you know who is interested in this case.

Under the amended regulations, publishers have been issued a
general license to publish information and informational
materials originating in those countries, and to do what
publishers normally do when they publish: pay advances and
royalties, collaborate with authors, market their publications,
etc. A general license means that publishers don't have to seek
OFAC's permission case by case.

There are some elements of the amended regulations that we need
to clarify, and our lawyers will be drawing up a list of
questions for the Department of Justice's lawyers to make sure we
understand all the details; we of course, want to confirm that
all publishing and information exchanges can proceed without
restriction or exception. So technically, we are still in
litigation and will remain so until our lawyers and the DOJ agree
that the suit is settled. There are, as I say, a number of issues
to be resolved before that can  happen.

We will probably have additional information by next week and
will, of course, send along more details as soon as we have them.

For now, many thanks for your support,

Larry Siems

Director, Freedom to Write and International Programs

PEN American Center



FOR IMMEDIATE RELEASE:



TREASURY DEPARTMENT RESPONDS TO LAWSUIT BY

CHANGING ITS REGULATIONS TO PERMIT THE PUBLICATION OF

BOOKS AND JOURNALS FROM AUTHORS IN SANCTIONED COUNTRIES



New York, NY (December 15, 2004)--In September 2004, publishing
trade groups and authors’ organizations filed suit in federal
court to strike down regulations of the Treasury Department’s
Office of Foreign Assets Control (OFAC) that effectively bar U.S.
publishers from publishing books and journal articles originating
in countries such as Iran, Cuba and Sudan that are subject to
U.S. trade embargoes.  Their effort was joined by Nobel Laureate
Shirin Ebadi, the Iranian author and human rights activist,  in
late October.  In response to the suit, OFAC issued new
regulations today which explicitly permit Americans to engage in
“all transactions necessary and ordinarily incident to the
publishing and marketing of manuscripts, books, journals, and
newspapers in paper or electronic format.”  This includes
substantive editing and marketing of written materials,
collaborations between authors, and the payment of advances and
royalties.



The revised regulations are “clearly a step in the right
direction, permitting the broad range of publishing activities
American publishers and authors must be free to pursue,”
according to Edward J. Davis and Linda Steinman of Davis Wright
Tremaine, counsel to the Association of American University
Presses (AAUP), the Association of American Publishers
Professional and Scholarly Publishing Division (AAUP/PSP), PEN
American Center (PEN), and Arcade Publishing, the plaintiffs in
the case.  “We will continue to examine the regulations in
detail, but it is plain that significant obstacles have been
removed for American publishers and authors who want to work with
authors in Cuba, Iran and Sudan.  Works of critical importance to
the advancement of science and our understanding of international
affairs can now be published without threat of civil and criminal
sanctions.”  The new regulations can be located at
http://www.treasury.gov/press/releases/js2152.htm.



About the AAUP

The AAUP (www.aaupnet.org) counts among its members 111 nonprofit
scholarly publishers affiliated with research universities,
scholarly societies, research institutions and museums located in
43 states.  Collectively they publish around 10,000 books each
year and over 700 journals in virtually every field of human
knowledge.



About the AAP/PSP

Members of the Professional/Scholarly Publishing (PSP) Division
of the Association of American Publishers, Inc. (AAP) publish the
vast majority of materials used in the U.S. by scholars and
professionals in science, medicine, technology, business,
reference, social science and the humanities. The Division's
(www.pspcentral.org) 182 professional societies, commercial
publishers and university presses produce books, journals,
computer software, databases and electronic products.



About PEN American Center

PEN American Center is an organization of over 2,500 prominent
novelists, poets, essayists, translators, playwrights, and
editors. As part of International PEN, it and its affiliated
organizations have defended free and open communication within
and among nations for more than 80 years. The 2,500 PEN American
Center (www.pen.org) members are a major voice of the national
and international literary community.



About Arcade

Arcade Publishing, Inc. (www.arcadepub.com) is an independent
book publisher based in New York City. Founded in 1988, it
publishes fiction and nonfiction by authors from around the
world, including works by some of the most prominent authors of
our time.  Arcade is the publisher of the upcoming PEN Anthology
of Contemporary Iranian Literature.



About Counsel

Counsel to the plaintiffs:  The New York office of Davis Wright
Tremaine, with co-counsel for PEN American Center and Arcade,
Marjorie Heins of the Brennan Center for Justice at NYU, and Leon
Friedman of Hofstra Law School.



###



Contact Information

Edward J. Davis, Esq., Tel:  212-603-6431, [log in to unmask]

Linda Steinman, Esq., Tel:  212-603-6409, [log in to unmask]





December 16, 2004, Page E11
Government Eases Rules on Writers in Sanctioned Nations

By EDWARD WYATT

The Treasury Department, under fire for regulations that
restricted the publication of works from countries under American
economic sanctions, issued broad new rules yesterday that will
allow United States publishers to work with authors from those
countries as long as they are not government representatives.

The new rules follow the filing of lawsuits recently against the
department by publishers and an Iranian winner of the Nobel Peace
Prize. The suits argued that the Treasury regulations violated
the First Amendment and overstepped the laws intended to restrict
economic trade with countries under sanctions.

The countries affected by the regulations currently include Cuba,
Iran and Sudan.

Stuart Levey, under secretary for the Office of Terrorism and
Financial Intelligence at the Treasury Department, said in a
statement that the old regulations were "interpreted by some as
discouraging the publication of dissident speech from within
these oppressive regimes."

"That is the opposite of what we want," Mr. Levey said. "This new
policy will ensure those dissident voices and others will be
heard without undermining our sanctions policy."

Under the new rules, which are effective immediately, the range
of permitted activities include "all transactions necessary and
ordinarily incident to the publishing and marketing of
manuscripts, books, journals and newspapers" in paper or
electronic format, including the commissioning of new works,
advance payments, augmenting of already published work with
photographs or artwork, editing and publicity.

The rules prohibit publishers from working with government
representatives from countries under sanctions, although
publishers can work with academic and research institutions and
their employees in those countries.

But some activities remain restricted, including the development,
production and marketing of software, general marketing
activities unrelated to a written publication and the operation
of a publishing house or sales outlet in the designated countries.

Lawyers representing the individuals and organizations that sued
the Treasury Department said they were pleased with the new rules.

"This looks very good for the publishing industry," said Edward
J. Davis, a lawyer who in September filed a federal lawsuit on
behalf of the Association of American University Presses, the
professional and scholarly division of the Association of
American Publishers, the PEN American Center and Arcade
Publishing Inc.

"I think it's going to give a good deal of comfort to everyone
involved with the publication of books, journals, newspapers and
online material," Mr. Davis said.

Philip A. Lacovara, who filed suit on behalf of Shirin Ebadi, an
Iranian human rights advocate and recipient of the 2003 Nobel
Peace Prize, and the Strothman Agency, a literary agency that
sought to commission her memoir, said the new rules "seem to
unblock the kind of publication we had sought the right to pursue."

But both he and Mr. Davis said it was unclear as yet whether all
of the concerns in their lawsuits had been fully addressed and
that it was too early to say whether the lawsuits would be withdrawn.

Mr. Davis noted that the regulations allow publishing activities
do so by granting a "general license" for them. The publishing
companies contend in their lawsuits that the First Amendment and
recent laws make publishing exempt from regulation, thereby
requiring no license.

Molly Millerwise, a spokeswoman for the Treasury Department, said
the new regulations were not issued in response to the lawsuits.
Rather, she said, the new rules are "more of a clarification"
that the department had been considering "since we were first
asked how the regulations apply to publishing activities."

In late 2003 and early this year, the Treasury's Office of
Foreign Assets Control issued several advisory letters saying
that publishers could face legal consequences for almost any
editing of manuscripts from the affected countries. Essentially,
only camera-ready copies of publications could be published in
the United States.

But in April, the Treasury Department revised its ruling, saying
that normal style and copy editing procedures were allowed, as
was peer review of articles for scholarly publications.

Copyright 2004 New York Times. All rights reserved.



PEN Campaign for Core Freedoms
PEN American Center
588 Broadway, Suite 303
New York, NY 10012
Tel. (212) 334-1660 x116
Fax. (212) 334-2181
E-mail: [log in to unmask]
Web: www.pen.org/corefreedoms


We apologize if you have received this e-mail in error. To
unsubscribe, please reply to this message and type “UNSUBSCRIBE”
in the Subject field.

To add your name to the list of supporters of the Core Freedoms
statement or to subscribe to this newsletter, please click here.


Copyright 2004 PEN American Center. All rights reserved.

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May 2007, Week 1
April 2007, Week 5
April 2007, Week 4
April 2007, Week 3
April 2007, Week 2
April 2007, Week 1
March 2007, Week 5
March 2007, Week 4
March 2007, Week 3
March 2007, Week 2
March 2007, Week 1
February 2007, Week 4
February 2007, Week 3
February 2007, Week 2
February 2007, Week 1
January 2007, Week 5
January 2007, Week 4
January 2007, Week 3
January 2007, Week 2
January 2007, Week 1
December 2006, Week 5
December 2006, Week 4
December 2006, Week 3
December 2006, Week 2
December 2006, Week 1
November 2006, Week 5
November 2006, Week 4
November 2006, Week 3
November 2006, Week 2
November 2006, Week 1
October 2006, Week 5
October 2006, Week 4
October 2006, Week 3
October 2006, Week 2
October 2006, Week 1
September 2006, Week 5
September 2006, Week 4
September 2006, Week 3
September 2006, Week 2
September 2006, Week 1
August 2006, Week 5
August 2006, Week 4
August 2006, Week 3
August 2006, Week 2
August 2006, Week 1
July 2006, Week 5
July 2006, Week 4
July 2006, Week 3
July 2006, Week 2
July 2006, Week 1
June 2006, Week 5
June 2006, Week 4
June 2006, Week 3
June 2006, Week 2
June 2006, Week 1
May 2006, Week 5
May 2006, Week 4
May 2006, Week 3
May 2006, Week 2
May 2006, Week 1
April 2006, Week 5
April 2006, Week 4
April 2006, Week 3
April 2006, Week 2
April 2006, Week 1
March 2006, Week 5
March 2006, Week 4
March 2006, Week 3
March 2006, Week 2
March 2006, Week 1
February 2006, Week 4
February 2006, Week 3
February 2006, Week 2
February 2006, Week 1
January 2006, Week 5
January 2006, Week 4
January 2006, Week 3
January 2006, Week 2
January 2006, Week 1
December 2005, Week 5
December 2005, Week 3
December 2005, Week 2
December 2005, Week 1
November 2005, Week 5
November 2005, Week 4
November 2005, Week 3
November 2005, Week 2
November 2005, Week 1
October 2005, Week 5
October 2005, Week 4
October 2005, Week 3
October 2005, Week 2
October 2005, Week 1
September 2005, Week 5
September 2005, Week 4
September 2005, Week 3
September 2005, Week 2
September 2005, Week 1
August 2005, Week 5
August 2005, Week 4
August 2005, Week 3
August 2005, Week 2
August 2005, Week 1
July 2005, Week 5
July 2005, Week 4
July 2005, Week 3
July 2005, Week 2
July 2005, Week 1
June 2005, Week 4
June 2005, Week 3
June 2005, Week 2
June 2005, Week 1
May 2005, Week 4
May 2005, Week 3
May 2005, Week 2
May 2005, Week 1
April 2005, Week 5
April 2005, Week 4
April 2005, Week 3
April 2005, Week 2
April 2005, Week 1
March 2005, Week 5
March 2005, Week 4
March 2005, Week 3
March 2005, Week 2
March 2005, Week 1
February 2005, Week 4
February 2005, Week 3
February 2005, Week 2
February 2005, Week 1
January 2005, Week 5
January 2005, Week 4
January 2005, Week 3
January 2005, Week 2
January 2005, Week 1
December 2004, Week 5
December 2004, Week 4
December 2004, Week 3
December 2004, Week 2
December 2004, Week 1
November 2004, Week 5
November 2004, Week 4
November 2004, Week 3
November 2004, Week 2
November 2004, Week 1
October 2004, Week 5
October 2004, Week 4
October 2004, Week 3
October 2004, Week 2
October 2004, Week 1
September 2004, Week 5
September 2004, Week 4
September 2004, Week 3
September 2004, Week 2
September 2004, Week 1
August 2004, Week 5
August 2004, Week 3
August 2004, Week 2
August 2004, Week 1
July 2004, Week 5
July 2004, Week 4
July 2004, Week 3
July 2004, Week 2
July 2004, Week 1
June 2004, Week 4
June 2004, Week 3
June 2004, Week 2
June 2004, Week 1
May 2004, Week 5
May 2004, Week 4
May 2004, Week 3
May 2004, Week 2
May 2004, Week 1
April 2004, Week 5
April 2004, Week 4
April 2004, Week 3
April 2004, Week 2
April 2004, Week 1
March 2004, Week 5
March 2004, Week 4
March 2004, Week 3
March 2004, Week 2
March 2004, Week 1
February 2004, Week 4
February 2004, Week 3
February 2004, Week 2
February 2004, Week 1
January 2004, Week 5
January 2004, Week 4
January 2004, Week 3
January 2004, Week 2
January 2004, Week 1
December 2003, Week 5
December 2003, Week 4
December 2003, Week 3
December 2003, Week 2
December 2003, Week 1
November 2003, Week 5
November 2003, Week 4
November 2003, Week 3
November 2003, Week 2
November 2003, Week 1
October 2003, Week 5
October 2003, Week 4
October 2003, Week 3
October 2003, Week 2
October 2003, Week 1
September 2003, Week 5
September 2003, Week 4
September 2003, Week 3
September 2003, Week 2
September 2003, Week 1
August 2003, Week 5
August 2003, Week 4
August 2003, Week 3
August 2003, Week 2
August 2003, Week 1
July 2003, Week 5
July 2003, Week 4
July 2003, Week 3
July 2003, Week 2
July 2003, Week 1
June 2003, Week 4
June 2003, Week 3
June 2003, Week 2
June 2003, Week 1
May 2003, Week 5
May 2003, Week 4
May 2003, Week 3
May 2003, Week 2
May 2003, Week 1
April 2003, Week 5
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April 2003, Week 3
April 2003, Week 2
April 2003, Week 1
March 2003, Week 5
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March 2003, Week 3
March 2003, Week 2
March 2003, Week 1
February 2003, Week 4
February 2003, Week 3
February 2003, Week 2
February 2003, Week 1
January 2003, Week 5
January 2003, Week 4
January 2003, Week 3
January 2003, Week 2
January 2003, Week 1
December 2002, Week 5
December 2002, Week 4
December 2002, Week 3
December 2002, Week 2
December 2002, Week 1
November 2002, Week 5
November 2002, Week 4
November 2002, Week 3
November 2002, Week 2
November 2002, Week 1
October 2002, Week 5
October 2002, Week 4
October 2002, Week 3
October 2002, Week 2
October 2002, Week 1
September 2002, Week 5
September 2002, Week 4
September 2002, Week 3
September 2002, Week 2
September 2002, Week 1
August 2002, Week 5
August 2002, Week 4
August 2002, Week 3
August 2002, Week 2
August 2002, Week 1
July 2002, Week 5
July 2002, Week 4
July 2002, Week 3
July 2002, Week 2
June 2002, Week 4
June 2002, Week 3
June 2002, Week 2
June 2002, Week 1
May 2002, Week 5
May 2002, Week 4
May 2002, Week 3
May 2002, Week 2
May 2002, Week 1
April 2002, Week 5
April 2002, Week 4
April 2002, Week 3
April 2002, Week 2
April 2002, Week 1
March 2002, Week 5
March 2002, Week 4
March 2002, Week 3
March 2002, Week 2
March 2002, Week 1
February 2002, Week 4
February 2002, Week 3
February 2002, Week 2
February 2002, Week 1
January 2002, Week 5
January 2002, Week 4
January 2002, Week 3
January 2002, Week 2
January 2002, Week 1
December 2001, Week 5
December 2001, Week 4
December 2001, Week 3
December 2001, Week 2
December 2001, Week 1
November 2001, Week 5
November 2001, Week 4
November 2001, Week 3
November 2001, Week 2
November 2001, Week 1
October 2001, Week 5
October 2001, Week 4
October 2001, Week 3
October 2001, Week 2
October 2001, Week 1
September 2001, Week 5
September 2001, Week 4
September 2001, Week 3
September 2001, Week 2
September 2001, Week 1
August 2001, Week 5
August 2001, Week 4
August 2001, Week 3
August 2001, Week 2
August 2001, Week 1
July 2001, Week 4
July 2001, Week 3
July 2001, Week 2
July 2001, Week 1
June 2001, Week 5
June 2001, Week 4
June 2001, Week 3
June 2001, Week 2
June 2001, Week 1
May 2001, Week 5
May 2001, Week 4
May 2001, Week 3
May 2001, Week 2
May 2001, Week 1
April 2001, Week 5
April 2001, Week 4
April 2001, Week 3
April 2001, Week 2
April 2001, Week 1
March 2001, Week 5
March 2001, Week 4
March 2001, Week 3
March 2001, Week 2
March 2001, Week 1
February 2001, Week 4
February 2001, Week 3
February 2001, Week 2
February 2001, Week 1
January 2001, Week 5
January 2001, Week 4
January 2001, Week 3
January 2001, Week 2
January 2001, Week 1
December 2000, Week 5
December 2000, Week 4
December 2000, Week 3
December 2000, Week 2
December 2000, Week 1
November 2000, Week 5
November 2000, Week 4
November 2000, Week 3
November 2000, Week 2
November 2000, Week 1
October 2000, Week 5
October 2000, Week 4
October 2000, Week 3
October 2000, Week 2
October 2000, Week 1
September 2000, Week 5
September 2000, Week 4
September 2000, Week 3
September 2000, Week 2
September 2000, Week 1
August 2000, Week 5
August 2000, Week 4
August 2000, Week 3
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August 2000, Week 1
July 2000, Week 5
July 2000, Week 4
July 2000, Week 2
July 2000, Week 1
June 2000, Week 5
June 2000, Week 4
June 2000, Week 3
June 2000, Week 2
June 2000, Week 1
May 2000, Week 5
May 2000, Week 4
May 2000, Week 3
May 2000, Week 2
May 2000, Week 1
April 2000, Week 5
April 2000, Week 4
April 2000, Week 3
April 2000, Week 2
April 2000, Week 1
March 2000, Week 5
March 2000, Week 4
March 2000, Week 3
March 2000, Week 2
March 2000, Week 1
February 2000, Week 4
February 2000, Week 3
February 2000, Week 2
February 2000, Week 1
January 2000, Week 5
January 2000, Week 4
January 2000, Week 3
January 2000, Week 2
January 2000, Week 1
December 1999, Week 5
December 1999, Week 4
December 1999, Week 3
December 1999, Week 2
December 1999, Week 1
November 1999, Week 5
November 1999, Week 4
November 1999, Week 3
November 1999, Week 2
November 1999, Week 1
October 1999, Week 5
October 1999, Week 4
October 1999, Week 3
October 1999, Week 2
October 1999, Week 1
September 1999, Week 5
September 1999, Week 4
September 1999, Week 3
September 1999, Week 2
September 1999, Week 1
August 1999, Week 5
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August 1999, Week 3
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July 1999, Week 5
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June 1999, Week 4
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May 1999, Week 5
May 1999, Week 4
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April 1999, Week 5
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April 1999, Week 1
March 1999, Week 5
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February 1999, Week 1
January 1999, Week 5
January 1999, Week 4
January 1999, Week 3
January 1999, Week 2
January 1999, Week 1
December 1998, Week 5
December 1998, Week 4
December 1998, Week 3
December 1998, Week 2
December 1998, Week 1
November 1998, Week 5
November 1998, Week 4
November 1998, Week 3
November 1998, Week 2
November 1998, Week 1
October 1998, Week 5
October 1998, Week 4
October 1998, Week 3
October 1998, Week 2
October 1998, Week 1
September 1998, Week 5
September 1998, Week 4
September 1998, Week 3
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September 1998, Week 1
August 1998, Week 4
August 1998, Week 3
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July 1998, Week 4
July 1998, Week 3
July 1998, Week 2
July 1998, Week 1
June 1998, Week 5
June 1998, Week 4
June 1998, Week 3
June 1998, Week 2
June 1998, Week 1
May 1998, Week 5
May 1998, Week 4
May 1998, Week 3
May 1998, Week 2
May 1998, Week 1
April 1998, Week 5
April 1998, Week 4
April 1998, Week 3
April 1998, Week 2
April 1998, Week 1
March 1998, Week 5
March 1998, Week 4
March 1998, Week 3
March 1998, Week 2
March 1998, Week 1
February 1998, Week 4
February 1998, Week 3
February 1998, Week 2
February 1998, Week 1
January 1998, Week 5
January 1998, Week 4
January 1998, Week 3
January 1998, Week 2
January 1998, Week 1
December 1997, Week 5
December 1997, Week 4
December 1997, Week 3
December 1997, Week 2
December 1997, Week 1
November 1997, Week 4
November 1997, Week 3
November 1997, Week 2
November 1997, Week 1
October 1997, Week 5
October 1997, Week 4
October 1997, Week 3
October 1997, Week 2
October 1997, Week 1
September 1997, Week 5
September 1997, Week 4
September 1997, Week 3
September 1997, Week 2
September 1997, Week 1
August 1997, Week 5
August 1997, Week 4
August 1997, Week 3
August 1997, Week 2
August 1997, Week 1
July 1997, Week 4
July 1997, Week 3
July 1997, Week 2
June 1997, Week 4

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