20-0609 Tuesday “Daily Bugle”

20-0609 Tuesday “Daily Bugle”

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Tuesday, 9 June 2020

(No items of interest posted) 

  1. Items Scheduled for Future Federal Register Edition
  2. Commerce/BIS: (No new postings)
  3. State/DDTC: “Request for Comment – COVID Measures”
  4. UK DIT: “UK and Japan Start Trade Negotiations”
  1. EU Sanctions: “UNSC Renews Authorisation to Inspect Vessels Violating Libya Arms Embargo”
  2. Bloomberg: “U.S. Plans Sanctions to Choke Iran-Venezuela Oil Trade”
  1. CATTS: “Global Trade Newsletter – May”
  2. ECS: “OFAC Issues ‘Syria-Related’ Sanctions Regulations, Targeting Turkey”
  3. Nicholas Turner: “Sanctions Top-5 for the Week Ending 5 June”
  1. ECTI Presents: Foods, Supplements, Cosmetics, Devices…Oh My: How the FDA Regulates More Than You May Think! Webinar; 24 Jun
  2. FCC Academy Presents June Webinars: “U.S. Export Controls: EAR”, and “Foreign Military Sales (FMS)”
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Find the Latest Amendments Here. 
  3. Weekly Highlights of the Daily Bugle Top Stories 
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* State/DDTC; RULES; International Traffic in Arms Regulations:
Temporary Suspension, Modification, or Exception to Regulations During SARS-COV2 Public Health Emergency: Request for Comment; [Pub. Date: 10 Jun 2020] 

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OGS_a22. Commerce/BIS: (No new postings)

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State/DDTC, 9 Jun 2020)
   On June 10, 2020, DDTC will publish in the
Federal Register
a request for comment from the public regarding certain temporary suspensions, modifications, and exceptions to several provisions of the International Traffic in Arms Regulations (ITAR), notice of which was issued May 1, 2020 (85 FR 25287). The suspensions, modifications, and exceptions are to ensure continuity of operations within the Directorate of Defense Trade Controls (DDTC) and among entities registered with DDTC pursuant to the ITAR during the current SARS-COV2 public health emergency. As described more fully in the document, DDTC is limiting its consideration of comments to the efficacy and termination dates of the current suspensions, modifications, and exceptions, and whether additional measures should be considered in response to specific difficulties in operating conditions under the regulations that have arisen as a direct result of the crisis.

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4. UK DIT: “UK and Japan Start Trade Negotiations”

   The UK and Japanese governments will today (Tuesday 9 June) start negotiating a UK-Japan Free Trade Agreement.
   The agreement will build on the existing EU-Japan deal. It will go further by securing additional benefits in areas such as digital trade, and providing support for the UK’s 5.9 million small businesses.
   It will allow the UK and Japan to set new standards in areas of digital technology and e-commerce, helping to establish our position as a global technology superpower.
   Last year, UK trade with Japan was worth over £30 billion and 9,500 UK based businesses exported goods to the country, helping to employ 2.4 million people across the UK. A bespoke free trade agreement with Japan will help generate significant opportunities throughout the economy, creating jobs, boosting wages and diversifying choice for consumers.
UK-Japan trade talks are also an important step towards our joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), a key UK priority, which will help us diversify our trade and grow the economy.
   The UK and Japan are committed to an ambitious timeline to secure a deal that will enter into force by the end of 2020. Both countries are also dedicated to leading the global response to the economic challenges posed by coronavirus, making international trade easier and fairer and avoiding a retreat into protectionism. …

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5. EU Sanctions: “UNSC Renews Authorisation to Inspect Vessels Violating Libya Arms Embargo”

(Source: EU Sanctions, 8 June 2020) [Excerpts]

   The UN Security Council has adopted Resolution 2526 (2020), which renews for 1 year a series of authorisations which allow states, acting nationally or through regional organisations, to inspect vessels on the high seas off the coast of Libya which are suspected of violating the UN arms embargo. The measures were first agreed in 
Resolution 2292 (2016)
Press release

6. Bloomberg: “U.S. Plans Sanctions to Choke Iran-Venezuela Oil Trade”

(Source: Bloomberg, 8 June 2020) [Excerpts]

  The Trump administration is preparing sanctions on as many as 50 oil and fuel tankers as part of an effort to cut off trade between Iran and Venezuela, according to a person familiar with the matter.

  The sanctions would be imposed through the Treasury Department and are intended to avoid a U.S. military confrontation with the countries, the person said on the condition of anonymity.
  The Trump administration is trying to deter Iran’s support for Venezuelan President Nicolas Maduro, who last month defended the right to “freely trade” with Iran. Both countries are under crippling U.S. sanctions.
Targeting the tankers would mark an escalation of efforts by the U.S. to disrupt trade and money flowing between the two countries as they forge an increasingly close relationship.
  The U.S. is also weighing sanctions on a company run by Columbian businessman Alex Saab Moran, who has links to the Maduro regime, the person said. The Wall Street Journal reported the expanded program earlier Tuesday.
A Treasury department spokeswoman declined to comment.
  Venezuela, home to the world’s largest oil reserves, is nearly out of gasoline following years of mismanagement and U.S. sanctions on its oil. Over the past few months, authorities have imposed rationing at gas stations nationwide, handing control over to military personnel. … 

  Iran’s foreign ministry has said any attempt by the U.S. to stop the trade will be met with “a swift and decisive response.”


CATTS, 8 June 2020) [Excerpts] 


  • Argentina customs authority has updated the import tariff. Update includes addition/deletion of HTS codes for certain products classified under the tariff chapters 30 and 90.
  • China customs authority has updated the import tariff. Update includes the addition/deletion of HTS codes and Preferential duty rates for certain products classified under the tariff chapters 25, 26, 27, 28, 29, 38, 44, 56, 59, 69, 74, 76, 81, 84 and 90.
  • Dominican Republic customs authority has updated the import tariff. Update includes changes in import duty rates for certain products classified under the tariff chapters 1, 2, 3, 4, 7, 8, 11, 16, 19, 21, 26, 29, 32, 37, 40, 48, 60, 63, 71, 80, 84, 87, 91 and 96.
  • Mexico customs authority has updated the import tariff. Update includes changes in the tariff description for certain products classified under the tariff chapter 87.
  • Nicaragua customs authority has updated the import tariff. Update includes the addition/deletion of HTS codes and changes in the product description for certain products classified under the tariff chapters 15, 20, 29, 32, 35, 39, 49,68, 72, 83, 84, 84, 90 and 95.
  • Saudi Arabia customs authority has updated the import tariff. Update includes change in the tariff description for certain products classified under the tariff chapter 85.
  • Swiss authority has updated the import tariff. Update includes changes in the import duty rates for certain products classified under the tariff chapters 7, 10, 11 and 23.
  • South Africa Revenue authority has updated the import tariff. Update includes the addition/deletion of HTS codes, changes in the product description and Preferential duty rates for certain products classified under the tariff chapters 02, 10, 11, 16, 17, 39 and 84.
  • Thailand customs authority has updated the import tariff. Update includes the addition/deletion of HTS codes, changes in the product description for certain products classified under the tariff chapters 12, 17, 26, 29, 30, 38, 39, 41, 55, 70, 73, 76, 81, 84, 85, 87 and 95.
  • Ukraine customs authority has updated the import tariff. Update includes changes in the import duty rates for certain products classified under the tariff chapters 1, 2, 3, 4, 7, 8, 9, 11, 12, 15, 16, 17, 20, 22, 28, 35, 39, 41, 43, 63, 68, 70, 82, 84, 87, 90, 93, 94, 95 and 96.

Philippines – Hong Kong trade agreement takes effect

The Philippines component of the Free Trade Agreement (FTA) and Investment Agreement (IA) between Hong Kong, China and the Association of Southeast Asian Nations (ASEAN) entered into force. The FTA and IA entered into force between Hong Kong and Laos, Malaysia, Myanmar, Singapore, Thailand and Vietnam in 2019. According to the Hong Kong Trade Development Council (HKTDC), under the FTA, the Philippines will progressively eliminate and reduce customs duties on goods originating from Hong Kong. To enjoy the preferential tariff treatment for exporting Hong Kong goods to the Philippines under the FTA, Hong Kong traders need to comply with the relevant preferential rules of origin and fulfil the related requirements.

US – UK launch trade agreement talks

US Trade Representative and UK International Trade Secretary have announced the formal launch of trade agreement negotiations between the US and the UK. In light of the ongoing global pandemic caused by Covid-19, the first round of negotiations will be conducted virtually, with UK and US negotiators engaging in discussions over the next two weeks in nearly30 different negotiating groups covering all aspects of a comprehensive trade agreement. Both parties agree that a Free Trade Agreement would contribute to the long-term health of our economies, which is vitally important as we recover from the challenges posed by Covid-19.

US – Mexico-Canada Trade Agreement (USMCA) – Uniform regulations released

The United States, Mexico and Canada agreed to the text of the Uniform Regulations under the USMCA. The English versions have been posted on the USTR website and Mexican Government website. Two separate documents were released. One seven page document covers Uniform Regulations regarding the Interpretation, Application, and Administration of Chapters 5 (Origin Procedures), 6 (Textile and Apparel Goods), and 7 (Customs Administration and Trade Facilitation) and a 179 page document that contains Uniform Regulations Regarding the Interpretation, Application, and Administration of Chapter 4 (Rules of Origin) and Related Provisions in Chapter 6 (Textile and Apparel Goods).

   On June 5, 2020, the Department of Treasury, Office of Foreign Assets Control (OFAC), published a final rule (85 FR 34510) establishing the Syria-Related Sanctions Regulations (31 CFR Part 569), which implement Executive Order 13894.  The new regulations are in addition to OFAC’s existing
Syria Sanctions Regulations
(31 CFR Part 542).
   Although titled “Syria-Related Sanctions,” the sanctions regulations are targeted at Turkish entities involved in the Turkish military offensive in northern Syria.  The criteria for listing include (among others) Turkish government officials and agencies and persons operating in targeted sectors of the Turkish economy determined by the Secretary of the Treasury to be contributing to various destabilizing activities or human rights abuses in relation to Syria.
The current notice does not create any newly sanctioned parties, but implements Executive Order 13894 and provides the criteria for the Secretary of Treasury, in consultation with the Secretary of State, to make these designations.  Sanctions include blocked property and other related financial sanctions.
Syria-Related Sanctions page
includes additional information on the new rule, including information previously published regarding Executive Order 13894 (October 14, 2019).  Executive Order 13894 was used to
briefly add
the Turkish Ministry of National Defence, the Turkish Ministry of Energy and Natural Resources, and three senior Turkish government officials to OFAC’s Specially Designated Nationals List (SDN List).
   The issuance of the Syria-Related Sanctions Regulations provide a valuable reminder that sanctions programs affect transactions beyond the obvious countries of concern.  Raising similar issues a few days earlier, three companies and vessels from the Marshall Islands and one company and vessel from Greece were
listed under OFAC’s Venezuela-Related sanctions program.
 Denied party screening
for all countries is a must-do to prevent serious compliance problems.

Medium, 9 Jun 2020) [Excerpts]
* Author: Nicholas Turner, Esq., 852-5998-7559, Steptoe & Johnson HK 
  Here are five things that happened this week in the world of economic sanctions that I think you should know about:
   (1) The Office of Foreign Assets Control (OFAC)
named four companies based in the Marshall Islands and Greece and four of their vessels as Specially Designated Nationals (SDNs)
under Executive Order 13850 for transporting oil from Venezuela. The designations follow the release of the US government’s “Guidance to Address Illicit Shipping and Sanctions Evasion Practices” about two weeks before.
(2) OFAC
published four new FAQs clarifying the scope of Executive Order 13902
of 10 January 2020, “Imposing Sanctions With Respect to Additional Sectors of Iran.” FAQ 830 states that secondary sanctions will not apply to certain humanitarian-related activities in Iran. The other FAQs provide guidance on how secondary sanctions under Executive Order 13902 may apply to certain activities in the construction, mining, manufacturing, and textiles sectors of the Iranian economy.
(3) The US State Department
announced the addition of seven entities to the List of Restricted Entities and Subentities Associated with Cuba(a.k.a. the Cuba Restricted List). They include a military-controlled financial institution (Fincimex) and three hotels, two scuba diving centers, and a marine park owned by the Cuban military.
(4) In related news, Reuters
reported that US-based Marriott International will be forced to close
its Four Points by Sheraton hotel in Cuba by the end of August after the US Treasury Department declined to renew a specific license issued under the Obama administration. The property is currently
according to Marriott’s website.
(5) The Senate Committee on Banking, Housing, and Urban Affairs held a hearing entitled “Crisis in Hong Kong: A Review of US Policy Tools” featuring
Peter Harrell of the Center for a New American Security (CNAS) and other noteworthy experts. (Find the statements and testimonies here.) Meanwhile, Secretary of State Mike Pompeo gave an interview to the
Daily Caller
and talked about Hong Kong.
It’s been almost two weeks since Secretary Pompeo’s announcement that he could not certify that Hong Kong continues to warrant differential treatment under US law, per the Hong Kong Policy Act (as amended by last year’s Hong Kong Human Rights and Democracy Act). How are people here responding? If this were a typhoon, I would say it’s about a Number 1. Windy, but calm. The American Chamber of Commerce in Hong Kong released a survey of its members showing that about 75 percent of respondents are taking a wait-and-see approach to the current situation. About 70 percent have no plans to move capital, assets, or operations from Hong Kong at this time.
Are sanctions imminent? The Daily Caller interview is a bit out there, but Secretary Pompeo managed to stay on message. First, he said “we have an obligation . . . to work diplomatically with the Chinese Communist Party.” (That’s a relief.) Second, he made it clear that the US response will be based on Beijing’s handling of the national security law and Hong Kong elections in September. He made the same points at the American Enterprise Institute 
the week before. Still too early to board up the windows, if you ask me. …


* What:
Foods, Supplements, Cosmetics, Devices…Oh My: How the FDA Regulates More Than You May Think!”
* When: 24 Jun; 1:00 p.m. (EDT)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker: Shelly Garg, Attorney
* Register:
or contact
Ashleigh Foor
, 1-540-433-3977

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EN_a112. Bartlett’s Unfamiliar Quotations

(Source: Editor)

 Johnny Depp (John Christopher Depp II, 9 Jun 1963; is an American actor, producer, and musician.)
  – “If you were waiting for the opportune moment … that was it.”
* Robert McNamara (Robert Strange McNamara; 9 Jun 1916 – 6 Jul 2009; was an American business executive and the eighth United States Secretary of Defense, serving from 1961 to 1968 under presidents John F. Kennedy and Lyndon B. Johnson. He played a major role in escalating the United States’ involvement in the Vietnam War.)
 – “Never answer the question that is asked of you. Answer the question that you wish had been asked of you.”

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The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register.  The latest amendments are listed below.
Latest Update 
: 19 CFR, Ch. 1, Pts. 0-199.
5 Apr 2019:84 FR 13499: Civil Monetary Penalty Adjustments for Inflation.


5 June 2020: 85 FR 34495 and 85 FR 34503: Additions and Amendments of the Entity List.   
DOC FOREIGN TRADE REGULATIONS (FTR): 15 CFR Part 30.   Last Amendment: 24 Apr 2018: 83 FR 17749: Foreign Trade Regulations (FTR): Clarification on the Collection and Confidentiality of Kimberley Process Certificates. 

18 May 2016: Change 2: Implement an insider threat program; reporting requirements for Cleared Defense Contractors; alignment with Federal standards for classified information systems; incorporated and cancelled Supp. 1 to the NISPOM (Summary here.)  

23 Feb 2015: 80 FR 9359, comprehensive updating of regulations, updates the activities and technologies subject to specific authorization and DOE reporting requirements. 

15 Nov 2017, 82 FR 52823: miscellaneous corrections include correcting references, an address and a misspelling.


DOJ ATF ARMS IMPORT REGULATIONS: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War.

14 Mar 2019: 84 FR 9239: Bump-Stock-Type Devices.

6 May 2020: 85 FR 26847, Notice (not an amendment) temporarily reducing the registration fee schedule in ITAR 122.3 until April 30, 2021. 


DOT FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders

5 Jun 2020:
85 FR 84510:

Syria Sanctions Regulations. 


1 Jan 2019: 19 USC 1202 Annex.
  – HTS codes for AES are available here.
  – HTS codes that are not valid for AES are available here.

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