20-0904 Friday “Daily Bugle”

20-0904 Friday “Daily Bugle”

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Friday, 4 September 2020

(No items of interest posted) 

  1. Items Scheduled for Future Federal Register Edition
  2. Commerce/BIS: (No new postings)
  3. DHS/CBP: “Information on Enhancements to ITRAC Data”
  4. State/DDTC: “Outage Notice; 8 Sep from 6 – 8 am”
  5. UK OFSI: “Annual Frozen Asset Review and Reporting Form”
  1. eeNewsEurope: “European Chip Firms Concerned Over US Export Controls”
  2. EU Sanctions: “TikTok Files Complaint Challenging Executive Order”
  1. King & Wood Mallesons: “BIS Seeks Public Comments on How to Define Foundational Technologies for Purposes of Export Controls”
  2. Steptoe: “Analysis of Annual Report of CFIUS to Congress for Calendar Year 2019”
  3. Tuttle Law: “Section 301 China – $300 Billion (List 4) Exclusion Extensions for Exclusions Originally Granted Through 1 Sep”
  4. White & Case: “China Expands Export Controls for Certain Technologies”
  1. ECS Presents: 15-16 Oct; “ITAR/EAR Controls for Non-US Companies”
  2. FCC Academy Presents: “U.S. Export Controls: ITAR & EAR from a non-US perspective” – Few days left to register!
  3. Friday List of Approaching Events: 215 Events Posted This Week, Including 12 New Events
  1. Bartlett’s Unfamiliar Quotations 
  2. How to Publish Your Article in the Daily Bugle 
  3. Are Your Copies of Regulations Up to Date? Find the Latest Amendments Here. 
  4. Weekly Highlights of the Daily Bugle Top Stories 
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  6. Submit Your Event and View All Approaching Events 

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load to your laptop to keep you updated on the latest amendments, and contain over 800 footnotes of section history, key cases, practice tips & tricks, and extensive Tables of Contents. The ITAR amendments to the ITAR that took effect on 9 March and 25 March are included in the current edition of the BITAR.  Subscribers receive updated editions every time the regulations are amended (usually within 24 hours) so you will always have the current versions of the regulations. Subscribe to the BITAR now to guarantee you have an up-to-date ITAR!    

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[No items of interest posted]

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OGS_a22. Commerce/BIS: (No new postings)

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(Source: DHS/CBP, 4 Sep 2020)
  U.S. Customs and Border Protection (CBP) is enhancing the Importer Trade Activity (ITRAC) report capability in ACE Reports to improve performance, providing members of the trade community quicker, on-demand access to their data at no cost.
  The benefits that the enhancements to the ITRAC report functionality will bring to the trade community include:
  • Access to data in minutes rather than weeks
  • Access to the most current information about import transactions
  • Access to ITRAC data with no processing fee, through ACE Reports via a user’s ACE Secure Data Portal account
  In preparation for the transition, CBP conducted a review of the data fields provided under the current ITRAC process. The review determined that one data field, Remarks Text, could no longer be included. Sufficient manual or automated resources are not available to maintain a review of all information. Because of the risk of sensitive data being entered and inadvertently shared, the Remarks Text field will be removed from the ITRAC data available in CD format beginning on September 15, 2020. All other ITRAC data will remain intact in ACE Reports and in the CD format.
  The purpose of the ITRAC program has been to provide trade users with access to a listing of their past import transactions as far back as five years. This information is important for historical analysis and research conducted to support business purposes, and CBP is looking forward to providing trade users with these enhanced capabilities.
  ACE Reports is free reporting tool available to the trade community for accessing their trade data. To access ACE Reports, users must first create an ACE Portal account. Details on setting up an ACE Portal account can be found at cbp.gov/trade/automated.

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The Defense Export Control and Compliance (DECCS) Registration and Licensing applications will be unavailable to industry from 6:00 AM (EDT) through 8:00 AM (EDT) Tuesday, September 8 for scheduled system maintenance. Please ensure work in progress is saved prior to the scheduled downtime.

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  UK OFSI publishes template form and a guidance for persons that hold or control funds belonging to a designated person. OFSI requires all persons to complete and submit the form by 16 October 2020 as part of the annual frozen assets review carried out by HM Treasury to update their records.

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(Source: eeNewsEurope, 2 Sep 2020) [Excerpts]
   The European Semiconductor Industry Association (ESIA) has expressed concern about tightening US export control measures and has asked for increased dialogue.
   The US has instituted unilateral export controls requiring all semiconductors designed or made with US technology to be licensed for export to certain entities. Even though much IC design work is done outside the US, design tools and manufacturing tools from the US are more or less a necessity to complete chips.
   ESIA has issued a statement saying that it is concerned that, following the US announcement of 17 August 2020, the export control measures will have “have significant impact and bring disruption to the global semiconductor industry.”
ESIA is not the first organization to protest at the US administration’s effort to take control of global chip exports. The SEMI and SIA organizations did so back in April. ESIA includes both European headquartered chip companies such as Infineon, NXP, STMicroelectronics and X-Fab but also overseas-headquartered chip companies with a significent European presence such as Intel, Globalfoundries, Renesas and Texas Instruments.
   “Export controls should be transparent and accountable to serve as tools of global non-proliferation and be multilateral to be effective for that purpose. ESIA would welcome a discussion on export control measures between the US administration and international partners such as the European Union,” said ESIA in its statement.

(Source: EU Sanctions, 4 Sep 2020) [Excerpts]

  TikTok has filed a complaint in a federal court challenging the Trump Administration’s Executive Order, issued in August 2020, which prohibits transactions by any US individual/entity with ByteDance, which owns TikTok. The case is TikTok Inc. et al v US Department of Commerce. et al, 2:2020-cv-07672, US District Court, Central District of California.
  Tiktok’s case is (inter alia) that the Executive Order violates the due process protections of the Fifth Amendment, which requires that parties deprived of their property receive adequate notice and an opportunity to be heard. TikTok also argues that the E.O. is ultra vires because it is “not based on a bona fide national emergency”, and authorises the prohibition of activities that have not been found to pose an “unusual and extraordinary threat” to the US.


* Principal Author: Tom Shoesmith, Esq., 1-650-858-1285, King & Wood Mallesons
  The Bureau of Industry and Security (BIS) within the US Department of Commerce has announced in an Advance Notice of Proposed Rulemaking that it is seeking public comments on how it should define and identify “foundational technologies” as it examines whether to impose stricter export controls on items that receive that label in order to protect US national security interests.
Under section 1758 of the Export Control Reform Act of 2018, BIS is required to establish appropriate export controls on emerging and foundational technologies, which are described as those technologies that are essential to US national security but which are not already identified as “critical technologies” under the earlier Defense Production Act of 1950. Such controls on emerging and foundational technology would apply, at a minimum, to countries embargoed by the United States.
  In November 2018, BIS issued a similar call for public comment on how to define and identify “emerging technologies” but has yet to issue a final rule on the application of that term. In that notice, BIS provided a number of categories and subcategories of technology in which it sought to determine whether there are specific emerging technologies essential to US national security. The categories of emerging technologies included biotechnology, artificial intelligence, microprocessors, quantum information technology, and robotics.
  In today’s notice, BIS does not provide the same degree of guidance on what it considers foundational technologies. It suggests that semiconductor manufacturing equipment and software, lasers, sensors, and underwater systems could be foundational technologies because they “can be tied to indigenous military innovation efforts in China, Russia or Venezuela,” and may accordingly pose a national security threat. BIS also suggests that items being used or required for innovation in developing conventional weapons or weapons of mass destruction or in enabling foreign intelligence collection activities.
  Aside from those examples, BIS provides a list of eight specific areas on which it seeks public comment, including the impact that specific foundational technology controls might have on the development of those technologies in the United States. BIS also asks whether its eventual definition of foundational technology should include “enabling technologies” such as tooling, testing, and certification equipment.
  Public comments related to foundational technologies are due on or before October 26, 2020.

* Principal Author: Stewart Baker, Esq., 1-202-429-6402, Steptoe & Johnson LLP
  In July 2020, the Committee on Foreign Investment in the United States (“CFIUS”) released its Annual Report to Congress for Calendar Year (“CY”) 2019.  The Annual Report, which fulfills certain statutory reporting requirements, provides information on covered transactions filed with CFIUS during 2019.  Among other things, the 2019 Annual Report provides some initial data and other insights into CFIUS’s administration of the Foreign Investment Risk Review Modernization Act (“FIRRMA”), which expanded the jurisdiction of CFIUS and included new reporting requirements.
A number of facts and data from the 2019 Annual Report may be of interest:
  • Filing figures and timeliness: About half of CFIUS filings were completed in roughly 65 calendar days from the time a draft notice is submitted, which would cover a 20-day period for reviewing and perfecting a draft notice, and a 45-day review period without further investigation by CFIUS. The number of notices filed have remained steady over the last three years, whereas the number that resulted in investigations have decreased. The report attributes this decrease in investigations to FIRRMA’s extension of the statutory review period from 30 days to 45 days.
  • CFIUS “vetoes” are down: 2019 saw a significant decrease in withdrawals of filings where CFIUS could not identify mitigating measures or proposed measures that the parties chose not to accept, causing the parties to withdraw the filing prior to CFIUS making a recommendation to the President that the transaction be blocked. The number of cases in this category was reduced from 18 in 2018 to 8 in 2019, suggesting that CFIUS has chosen to effectively “veto” fewer transactions.
  • China is involved in fewer transactions: In 2017 and 2018, Chinese investors were the most frequent filers of notices, representing roughly one-fifth of all notified covered transactions with 55 and 60 transactions, respectively. In 2019, this number dropped to 25, representing roughly one-tenth of all notified covered transactions. Fewer Chinese acquirers filing notices in 2019 may help explain the decrease in CFIUS effective vetoes in 2019.
  • Japan’s representation is increasing: In conjunction with a decrease in Chinese acquirers filing notices, Japanese acquirers have increased from 20 notices filed in 2017 to 31 in 2018.  Japan is now the top acquirer home country with 46 notified covered transactions in 2019, roughly 20 percent.  Japan is also by far the largest foreign acquirer of critical technology in 2019, with the next-highest country being Germany.  By comparison, in 2018, Japan, China, and Canada were roughly equal top-acquirers of critical technology in 2018.
  • Semiconductor manufacturing is the most-represented sector:Semiconductor and Other Electronic Computer and Electronic Product Component Manufacturing was the largest business sector represented, with 25 notices, representing over 10 percent of all filings. This is a substantial increase from the 10 notices filed in 2018.
  • CFIUS requested one in four companies participating in the Pilot Program to file notices: Roughly one in four companies that submitted short-form declarations under the Pilot Program were asked to file notices, meaning time and money spent on those declarations did not result in an overall savings in either. In another roughly 30 percent of cases, CFIUS did not require the parties to submit a notice, but also did not clear the transaction on the basis of the declaration, leaving the parties in a somewhat ambiguous situation.
  The Annual Report also covers information on foreign direct investment by countries that boycott Israel or do not ban terrorist organizations, which include the United Arab Emirates (UAE), Saudi Arabia, Qatar, Kuwait, and Lebanon, among others. The most-represented countries in 2019 were the United Arab Emirates (UAE), with 40 transactions involving UAE-investors, and Qatar, with the highest aggregate value of known transactions ($15.2 million).

Notices Filed and Withdrawn

  Data on notices filed and withdrawn in 2019 demonstrate that most of CFIUS’s activities remain consistent with prior year trends. However, the decrease in the number of investigations and in the number of transactions that were effectively vetoed in 2019 are notable.

  In 2019, 231 notices were filed with CFIUS with 113 resulting in subsequent investigations.  The proportion of notices proceeding to investigation in 2019 was approximately 49 percent, down considerably from approximately 69 percent of notices in 2018. Over the past three years, the number of notices filed has remained consistent around 230 and the number of investigations has steadily decreased over the past three years from 172 and 158 in 2017 and 2018, respectively, down to 113 in 2019. The report attributes the decreasing number of investigations to the fact that the statutory review period was extended from 30 to 45 days after the enactment of FIRRMA on August 13, 2018.

  In 2019, 30 notices were withdrawn during the investigation phase, roughly half as many as in each of the previous two years (64 in 2018 and 70 in 2019). Of the 30 notices filed in 2019 that were withdrawn, half (15) resulted in parties filing new notices in 2019 and 3 resulted in parties filing new notices in 2020.

  In eight instances parties abandoned the transaction after CFIUS either informed them that it was unable to identify mitigating measures or proposed measures that the parties chose not to accept. This category-along with instances in which the President rejects a transaction (which occurred once in 2018 and once in 2019)-represents U.S. government actions that effectively prevent a transaction from moving forward. In 2018, CFIUS effectively prevented 18 transactions from moving forward.
  For notices filed in 2019, the average number of business days that elapsed between the date of submission of a draft notice and the date on which the Committee provided written comments on the draft notice was 10.6 business days. The average number of business days that elapsed between the date of submission of a formal written notice and the date on which the Committee accepted the formal written notice was 7.8 days. This latter number is down from 9 days in 2018.
  The average time to complete reviews, post-FIRRMA has remained consistent at 44-45 calendar days. However, the time to complete investigations increased in 2019, with the average time being 85 calendar days, up from 74 in 2018 and the median time being 91 calendar days (this extends beyond 90 days because if the last day of the review or investigation period is a weekend or holiday the period extends to the next business day), up from 75. Again, this may be explained by the extension of the review period to 45 days, which may have allowed more of the simpler transactions to be resolved without an investigation.

  In light of the fact that about half of filings were completed at the review stage, it can be said that half the filings in 2019 were completed in around 18 business days, plus 45 calendar days, from the time the draft notice was submitted.

Sectoral Distribution 
  The Annual Report provides information on the sectors and subsectors within which the transactions fall. In 2019 the relative proportions of notices in each sector did not change dramatically. The greatest number of transactions occurred in the Manufacturing sector, accounting for 44 percent of transactions, compared to 35 percent of transactions in 2017 and 2018. The proportion of notices in the Finance, Information, and Services sector remained relatively constant at 39 percent. The proportion of notices in the Mining, Utilities, and Construction sector decreased from 21 percent in 2018 to 9 percent in 2019. The proportion of notices in the Wholesale Trade, Retail Trade, and Transportation sector remained the lowest, at 8 percent in 2019. Over the past nine years, the number of covered transactions in the Manufacturing and Finance, Information, and Services sectors has steadily risen, whereas the number of covered transactions in Mining, Utilities, and Construction, and Wholesale Trade, Retail Trade, and Transportation have only slightly increased.
  Within the Manufacturing sector, the subsector with the most notices remained Computer and Electronic Product Manufacturing, accounting for 38 percent (39 notices) (up from 35 percent in 2018).  Other significant subsectors included Electrical Equipment, Appliance, and Component Manufacturing, accounting for 16 percent (16 notices) (up from 9 percent in 2018), and Transportation Equipment Manufacturing, accounting for 14 percent (14 notices) (up from 10 percent in 2018).
  Within the Finance, Information, and Services sector, Professional, Scientific, and Technical Services continued to be the largest subsector, accounting for 42 percent (37 notices) (up from 29 percent in 2018), with Telecommunications, accounting for 12 percent (11 notices) (down from 17 percent in 2018).
Utilities accounted for accounted for 71 percent (15 notices) of the Mining, Utilities, and Construction sector, a small increase over its 66 percent share in 2018. Within the Wholesale Trade, Retail Trade, and Transportation Sector, the Merchant Wholesalers, Durable Goods and Support Activities for Transportation subsectors remained the largest, accounting for 26 percent (5 notices) each. Merchant Wholesalers, Durable Goods had a modest decline from 44 percent in 2018. The other significant subsector was Pipeline Transportation, accounting for 16 percent (3 notices).
  The Annual Report further breaks down transactions by business sector. Between 2018 and 2019, the number and proportion of notices involving semi-conductor related transactions have grown substantially, and the number and proportion of transactions in the electric power generation and transmission and distribution sector have correspondingly decreased.
  In 2019, the top subsectors represented were Semiconductor and Other Electronic Component Manufacturing (25 notices), Electric Power Generation Transmission and Distribution (14 notices), Scientific Research and Development Services (12 notices), Computer Systems Design and Related Services (12 notices), and Other Electrical Equipment and Component Manufacturing (12 notices).

  In 2018, the top subsectors represented were Electric Power Generation Transmission and Distribution (30 notices), Computer Systems Design and Related Services (11 notices), Software Publishers (11 notices), Semiconductor and Other Electronic Component Manufacturing (10 notices) and Wired or Wireless Communications (9 notices). See Annual Report for Calendar Year 2018.

Geographic Distribution
  Between 2017 and 2019, acquisitions by investors from China accounted for 20 percent (140 notices), the largest proportion of notices filed. Investors from Japan, Canada, and France ranked second, third, and fourth, respectively, in terms of the number of notices filed from 2017 to 2019 with 13.9 percent, 10.6 percent, and 6.9 percent (97, 74, and 48 notices). In 2019, the highest number of notices were from Japanese investors, accounting for 19.9 percent (46 notices). In 2019, China no longer represented the highest number of notices, reflecting more than a 50 percent decrease as compared to the notices filed in 2018. Notices from Canada, China, and Japan, which together accounted for approximately 45 percent of the notices from 2017 to 2019, were generally consistent with this distribution across sectors.
Critical Technologies Pilot Program
  The Pilot Program commenced on November 10, 2018, and had two purposes. First, the Pilot Program expanded the scope of transactions subject to review by CFIUS to include certain non-controlling investments by a foreign person in an unaffiliated Pilot Program U.S. business that afford the foreign person certain access, rights, or involvement with respect to the Pilot Program U.S. business. Second, the Pilot Program implemented FIRRMA’s mandatory declarations provision for transactions that fall within the specific scope of the Pilot Program.
During the reporting period, declarations were mandatory for control transactions and certain non-controlling investments in U.S. businesses that produce, design, test, manufacture, fabricate, or develop one or more critical technologies, consistent with the definition set forth in FIRRMA, and in connection with certain identified industries (listed in appendix A to 31 C.F.R. part 801).
  Upon receiving a declaration under the Pilot Program, CFIUS could take four actions: (1) conclude all action with respect to a transaction (i.e., clear it to proceed); (2) determine that CFIUS is unable to conclude action; (3) request that the parties to the transaction file a CFIUS notice; or (4) unilaterally file a CFIUS notice.
  In 2019, 94 declarations were submitted under the Pilot Program. CFIUS requested that the parties to 26 of these declarations file a written notice. In other words, roughly one in four parties were required to go through both the short-form declaration process and the long-form notice process. CFIUS informed the parties to 32 of the 94 declarations that the Committee was unable to complete action, and notified parties to 35 declarations that the Committee had completed all action under Section 721. The parties for one declaration withdrew for business reasons.
  Investors from Japan accounted for the largest proportion of declarations for the two-year period with 16.7 percent (19 declarations). Japanese investors also accounted for the most declarations each year. Investors from Canada and the United Kingdom accounted for the second- and third-most declarations from 2018 to 2019 with 12.2 percent (14 declarations) and 10.5 percent (12 declarations), respectively. Chinese investors  made no declaration in 2018 and 3 declarations in 2019.
  In addition to the Pilot Program, the Annual Report lists the originating countries for acquisitions of U.S. critical technology companies reviewed by CFIUS in 2019. Of the 92 covered transactions involving critical technology, Japan was the home country of the foreign acquirer for 20 transactions, followed by Germany (11), France (7), Canada (7), and the UK (6). In 2018, top five home countries were Japan (9), Canada (9), China (8), France (7), and Germany (7).
  The substantive provisions of the Pilot Program have since been largely incorporated into the new, post-FIRRMA CFIUS regulations.

COM_a310. Tuttle Law: “Section 301 China – $300 Billion (List 4) Exclusion Extensions for Exclusions Originally Granted Through 1 Sep”

* Principal Author: George R. Tuttle, Esq., 1-415-254-5986, Law Offices of George R. Tuttle 
  On September 2, 2020 the USTR (85 FR 54616) published notice of extensions for exclusions originally ending on September 1, 2020. These 87 product exclusion extensions will apply as of September 1, 2020 and extend through December 31, 2020. Importers brokers and filers are advised to use HTS 9903.88.57 when entering merchandise.
  Click here for the detailed list of products from the 2nd of September or here for the UPDATED COMPREHENSIVE EXCLUSION LIST which includes all exclusions granted and technical amendments, corrections to typographic and/or ministerial errors to date.

(Source: White & Case, Sep 2020)

* Principal Author: Samuel Scoles, 65-6347-1527, White & Case LLP

   China’s Ministry of Commerce (MOFCOM) and the Ministry of Science and Technology (MOST) published Notification No. 38/2020 dated August 28, 2020 announcing a new version of the Catalogue of Technologies Prohibited or Restricted by China from Export (the “2020 Catalogue”). A key component of the updated export controls in the 2020 Catalogue is a new restriction on the export of technologies based upon data analysis for “personalized information recommendation services.”

  Despite of the sensitive timing to expand China’s export control regime amidst the escalating tensions between China and the United States, MOFCOM indicated that it made the amendments only to regulate exports, facilitate technology cooperation and safeguard the national economic security of the country. Looking ahead, MOFCOM is expected to further reduce the number of prohibitions and restrictions in the Catalogue and take other measures to facilitate trade in technologies.
  China’s export control scheme on technologies commenced in 1998, when MOST and the Ministry of Foreign Trade and Economic Cooperation (MOFTEC), the predecessor of MOFCOM, released the first version of the Catalogue, which was then amended twice in 2001 and in 2008. The amendments of the 2020 Catalogue are based upon the draft proposed revisions released by MOFCOM and MOST as part of a broader policy to update the country’s trade controls, and the corresponding public comments on the draft collected in 2018.
Salient amendments in the 2020 Catalogue
  • Adds 23 new items to the list subject to export restrictions, highlights of which include technologies related to drones, production of space materials, design and construction of large-scale high-speed wind tunnels, and aerospace bearings and lasers, among others;
  • Adds description of new elements and technical specifications subject to export control with regard to 21 items in the 2008 Catalogue, e.g., adding “personalized information recommendation services” under the existing control over information processing (code 056101X), which also affect other technology items related to production of certain chemical materials and biological pesticides, spacecraft measurements and controls, spatial data transmissions, and map making, among others;
  • Removes four items that were subject to export prohibition in the 2008 Catalogue, which involve technologies related to microbial fertilizers, as well as the production of synthetic and semisynthetic caffeine and vitamin B2 production; and
  • Removes five items that were subject to export restriction in the 2008 Catalogue, which involve technologies related to the Newcastle disease vaccine (for chickens), production of natural medicines, preparation and processing of functional polymer materials with biological activity, production of certain synthetic and semisynthetic chemicals, and information security firewall software.

   Pursuant to the Regulations on the Administration of Import and Export of Technologies, [FN/1] export of a technology, either by means of transfer or licensing, would be prohibited if such technology is classified as a prohibited technology in the Catalogue. With regard to transfer of any technology subject to export restrictions in the Catalogue, approval from a competent commerce authority at the provincial level[FN/2] is required before entering into any substantial transfer negotiation with foreign counterparties, and an export license issued by the same authority would be also required when completing the technology transfer agreement.
  Click here for Notification No. 38/2020 and here for the detailed amendments in the 2020 Catalogue (both in Chinese).

[FN/1] These regulations were first released in 2001 and subsequently amended in 2011 and 2019. See here (in Chinese)

[FN/2] This is 30 days upon application, for approval to enter into negotiation, and once approved, a preliminary license would be granted for contract negotiation; and 15 days upon the second application after signing the contract to release the forma export license.


*What:  ITAR/EAR Controls for Non-U.S. Companies
*When:  15-16 Oct
*Where:  Your Computer
*Sponsor: Export Compliance Solutions & Consulting (ECS)
*ECS Speakers:  Suzanne Palmer, Mal Zerden
*Register: here or write to liz@exportcompliancesolutions.com
 or call 1-866-238-4018
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(Sources: Event sponsors)  

Submit your event in the Submission section at the end of this newsletter.  
[Editor’s note:  This Daily Bugle Event List has grown so large that we have run out of space to display it, so we are displaying here only the new events in the Daily Bugle, while maintaining a LINK HERE to the full list.]


Published every Friday or last publication day of the week. Send events to events@fullcirclecompliance.eu, composed in the below format:
# * Date: (Location;) “Event Title”; <Weblink>” Event Sponsor;

* 8 Sep: “U.S. Export Controls: ITAR & EAR from a non-U.S. Perspective; Full Circle Compliance (FCC) Academy
* 9 Sep: “DECCS Tips and Tricks Webinar“; Census Bureau
* 16-17 Sep changed to 21 -22 Oct: “3rd Annual ITAR/EAR Symposium and Managing ITAR/EAR Complexities“; ECS
* 29 Sep: “The ABC of Foreign Military Sales (FMS) “; FCC Academy
* 29 Sep: “U.S. Sanctions on Russia – Update“; AWA AUSSENWIRTSCHAFTS-AKADEMIE GmbH
* 30 Sep: “Export Controls on Encryption: The Basics WEBINAR“; Export Control Webinars, a service of Export Strategies, LLC
* 6 Oct: “Designing an Internal Compliance Program for Export Controls & Sanctions“; Full Circle Compliance (FCC) Academy
* 7 Oct: “Implementing an Internal Compliance Program for Export Controls & Sanctions “; Full Circle Compliance (FCC) Academy
* 28 Oct: “DIY Encryption Classification WEBINAR with Felice Laird“;Export Control Webinars, a service of Export Strategies, LLC
* 17 Nov: “Advanced Encryption Classification WEBINAR with Felice Laird“; Export Control Webinars, a service of Export Strategies, LLC

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EN_a115. Bartlett’s Unfamiliar Quotations

(Source: Editor)

* Zhang Zhidong (also Chang Chih-tung; 4 Sep 1837 – 5 Oct 1909; was one of the four most famous officials of the Qing dynasty. The Red Guards destroyed his tomb in 1966 during the Cultural Revolution. His remains were rediscovered in 2007 and were reburied with honors.)
  – “People who have got to know Western educational methods always claim that the reading of the Classics was a useless waste of time and should be abolished. Such chatter is to be heard from hundreds of people and cannot be stopped. But it is a serious mistake.”
Paul Harvey (Paul Harvey Aurandt; 4 Sep 1918 – 28 Feb 2009; was an American radio broadcaster for ABC News Radio. From 1952 to 2008, his programs reached as many as 24 million people per week.)
  – “If there is a 50-50 chance that something can go wrong, then 9 times out of ten it will.” 
  – “When America’s early pioneers first turned their eyes toward the West, they did not demand that somebody take care of them if they got ill or got old. They did not demand maximum pay for minimum work, and even pay for no work at all.” 
Friday Funnies
A ventriloquist is performing with his dummy on his lap. He’s telling one of those dumb-blonde jokes when a young platinum-haired beauty jumps to her feet. “What gives you the right to stereotype blondes that way?” she demands. “What does hair color have to do with my worth as a human being?”  Flustered, the ventriloquist begins to stammer out an apology.  “You keep out of this!” she yells. “I’m talking to that little jerk sitting on your knee!”
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(Source: Jim Bartlett, Daily Bugle Editor)
  Your analysis and commentary on a current trade issue can generate new clients from among the Daily Bugle’s subscribers (over 10,000 world-wide). We receive more articles every day from law firms and consultants than we can publish, but if you would like ensure your article is published, please contact Jim Bartlett at 1-202-802-0646 or JEBartlett@JEBartlett.com.
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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 


5 Apr 2019: 84 FR 13499:

Civil Monetary Penalty Adjustments for Inflation. 
27 Aug 2020: 85 FR 52898Additions of Entities to the Entity List and Revisions of entries on the Entity List.

DOC FOREIGN TRADE REGULATIONS (FTR): 15 CFR Part 30.   24 Apr 2018: 83 FR 17749: Foreign Trade Regulations (FTR): Clarification on the Collection and Confidentiality of Kimberley Process Certificates.  

: DoD 5220.22-M. Implemented by Dep’t of Defense. 

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.)  
DOE ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES: 10 CFR Part 810.    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.


29 Jul 2020: 85 FR 45513 Extension to Certain Temporary Suspensions, Modifications, and Exceptions due to Corona Virus.  The latest edition of the BITAR is 29 July 2020.  

DOT FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders
Inflation Adjustment of Civil Monetary Penalties Related to Reporting and Recordkeeping.

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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