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16-0829 Monday “The Daily Bugle”

16-0829 Monday “Daily Bugle”

Monday, 29 August 2016

TOP
The Daily Bugle is a free daily newsletter from Full Circle Compliance, containing changes to export/import regulations (ATF, Customs, NISPOM, EAR, FACR/OFAC, FTR/AES, HTSUS, and ITAR), plus news and events.  Subscribe 
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  1. Commerce/BIS Seeks Comments on National Defense Stockpile Market Impact of the Proposed Fiscal Year 2018 Annual Materials Plan 
  2. DHS/CBP Seeks Comments on Toxic Substance Control Act Chemical Substance Import Certification Process Revisions 
  3. EPA Posts List of Mercury Compounds that are Prohibited from Export 
  4. State/DDTC Seeks Comments on Technology Security/Clearance Plans, Screening Records, and Non-Disclosure Agreements Pursuant to 22 CFR 126.18 
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. State/DDTC: (No new postings.) 
  4. Australia DECO Has Moved its Website 
  5. EU Amends for the 251st Time Restrictive Measures Concerning ISIL and Al-Qaeda 
  1. Expeditors News: “CBP Announces ACE Export Reports: Revised Certification of Authority” 
  2. ST&R Trade Report: “CBP Amends Regulations to Reflect Increase in De Minimis Value for Duty Exemption”  
  1. F. Miniter: “Why a ‘Gun Maker’ Is Suing The State Department” 
  1. Monday List of Ex/Im Job Openings: 123 Jobs Posted 
  1. “Is Your ITAR Up to Date? Get Ready for the 1 September Changes” 
  2. Bartlett’s Unfamiliar Quotations 
  3. Are Your Copies of Regulations Up to Date? Latest Changes: ATF (15 Jan 2016), Customs (26 Mar 2016), DOD/NISPOM (18 May 2016), EAR (23 Aug 2016), FACR/OFAC (18 May 2016), FTR (15 May 2015), HTSUS (1 July 2016), ITAR (17 Aug 2016) 

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a11. Commerce/BIS Seeks Comments on National Defense Stockpile Market Impact of the Proposed Fiscal Year 2018 Annual Materials Plan

 
81 FR 59181-59183: National Defense Stockpile Market Impact Committee Request for Public Comments on the Potential Market Impact of the Proposed Fiscal Year 2018 Annual Materials Plan
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Notice of inquiry; request for comments.
* SUMMARY: The purpose of this notice is to advise the public that the National Defense Stockpile Market Impact Committee, co-chaired by the Departments of Commerce and State, is seeking public comments on the potential market impact of the proposed Fiscal Year 2018 National Defense Stockpile Annual Materials Plan. The role of the Market Impact Committee is to advise the National Defense Stockpile Manager on the projected domestic and foreign economic effects of all acquisitions, conversions, and disposals involving the stockpile and related material research and development projects. Public comments are an important element of the Committee’s market impact review process.
* DATES: To be considered, written comments must be received by September 28, 2016. …
* FOR FURTHER INFORMATION CONTACT: Parya Milani, Office of Strategic Industries and Economic Security, Bureau of Industry and Security, U.S. Department of Commerce, telephone: (202) 482-8228, fax: (202) 482-5650 (Attn: Parya Milani), email: MIC@bis.doc.gov.
* SUPPLEMENTARY INFORMATION: …
   The Committee is seeking public comments on the potential market impact associated with the proposed FY 2018 AMP as enumerated in Attachment 1. Public comments are an important element of the Committee’s market impact review process. …
   The Committee requests that interested parties provide written comments, supporting data and documentation, and any other relevant information on the potential market impact of the quantities associated with the proposed FY 2018 AMP. All comments must be submitted to the addresses indicated in this notice. All comments submitted through email must include the phrase “Market Impact Committee Notice of Inquiry” in the subject line. …
 
   Dated: August 23, 2016.
Kevin J. Wolf, Assistant Secretary for Export Administration. …
* * * * * * * * * * * * * * * * * * * *

EXIM_a22. DHS/CBP Seeks Comments on Toxic Substance Control Act Chemical Substance Import Certification Process Revisions

(Source: Federal Register) [Excerpts.] 
 
81 FR 59157-59162: Toxic Substance Control Act Chemical Substance Import Certification Process Revisions
* AGENCY: U.S. Customs and Border Protection, Department of Homeland Security, Department of the Treasury.
* ACTION: Notice of proposed rulemaking.
* SUMMARY: This document proposes to amend the U.S. Customs and Border Protection (CBP) regulations regarding the requirement to file a Toxic Substances Control Act (TSCA) certification when importing into the customs territory of the United States chemicals in bulk form or as part of mixtures and articles containing a chemical or mixture. The proposed regulations include an electronic option for filing TSCA certifications, consistent with the Security and Accountability for Every Port Act of 2006. This document also proposes to clarify and add certain definitions, and to eliminate the paper-based blanket certification process. The document was prepared in consultation with the Environmental Protection Agency (EPA), the agency with primary responsibility for implementing TSCA.
* DATES: Comments must be received on or before September 28, 2016. …
* FOR FURTHER INFORMATION CONTACT: For operational issues related to the filing of EPA forms with CBP, contact William R. Scopa, Branch Chief, Partner Government Agency Branch, Trade Policy and Programs, Office of Trade, at William.R.Scopa@cbp.dhs.gov. For EPA policy questions, contact Harlan Weir, at Weir.Harlan@epa.gov.
* SUPPLEMENTARY INFORMATION: …
   CBP is proposing changes to Sec. Sec. 12.118 through 12.121 to clarify the description, scope, and definitions of the requirements for the importation of chemical substances, mixtures and articles containing a chemical substance or mixture, as well as the requirements associated with non-TSCA chemicals. In Sec. 12.118 we propose to revise the description of the Toxic Substances Control Act for clarity. In addition, CBP proposes to clarify the scope of the regulations by revising certain definitions. The regulations currently include requirements for “chemical substances,” regardless of whether the substance is subject to TSCA. The definition of “chemical substance” in section 3(2) of the TSCA excludes certain substances, e.g., pesticides. Although these chemicals are excluded from the definition of “chemical substance” under TSCA, importers are still required to file a negative certification under Sec. 12.121(a), to certify that the shipment is not subject to TSCA. Because using the term “chemical substance” to refer to chemicals that are not subject to TSCA may be confusing, this document proposes to clarify the scope of the regulations in Sec. 12.119 and the reporting requirements in Sec. 12.121 by including language that makes clear that the regulation applies to the importation of chemicals regardless of whether they are “chemical substances” subject to TSCA. In proposed Sec. 12.120, definitions are revised to ensure consistency between the terms used in the definitions and the terms used elsewhere in these regulations. …
   This document also proposes to replace the existing definition of the term “chemical substance in bulk form” in Sec. 12.120(b) with a definition of “TSCA chemical substance in bulk form”, and add new definitions for the terms “TSCA chemical substance as part of a mixture” in Sec. 12.120(c) and “non-TSCA chemical” in Sec. 12.120(d). These definitions are being revised and added to clarify that the certification obligations apply to both chemical substances and mixtures that are subject to TSCA, which require a positive certification, as well as those chemicals and mixtures that are not subject to TSCA, which require a negative certification and to ensure that terms used in the regulatory text are defined when necessary. “Mixture” is a statutory term in TSCA that does not apply to non-TSCA chemicals. Non-TSCA chemicals require a negative certification whether imported as a single non-TSCA chemical or mixed with other non-TSCA chemicals. In addition, in Sec. Sec. 12.122(a) and (b), 12.123(b), 12.124(a), 12.125(b), and 127.28, this document proposes to revise references to “chemical substances, mixtures, or articles” to clarify that these regulations apply to TSCA chemical substances, mixtures, or articles as well as non-TSCA chemicals. This document also proposes to add a definition of the term “Administrator” to mean the Administrator of the EPA, and “covered commodity” to properly describe a commodity that is subject to actions under Sec. Sec. 12.122 through 12.127 and Sec. 127.28. In Sec. 12.120, this document proposes to define the term “covered commodity” to include any merchandise that is an article, a TSCA chemical substance in bulk form, a non-TSCA chemical (as those terms are defined in Sec. 12.120(a), (b), or (d)), or that is a mixture as defined in TSCA.
 This document proposes to revise Sec. 12.119 to ensure that the scope of the regulation accurately reflects the requirements with regard to certain TSCA chemical substances and non-TSCA chemicals. The scope as written in the existing regulation does not accurately describe all items addressed in the regulation. This proposed rule also clarifies the limitation regarding articles (i.e., “if so required by the Administrator by specific rule under TSCA”), applies to the requirement for a certification in Sec. 12.121, but does not apply to actions taken under Sec. 12.122 and following sections. This document proposes, in Sec. Sec. 12.122, 12.124, 12.125, and 127.28, to use the term “covered commodity” as defined in a proposed definition in Sec. 12.120, to refer to any commodity that may be subject to those sections. In Sec. 12.124, this proposed rule proposes to change the name of the agency from “Customs Service” to “CBP”.
   The proposed regulations provide an electronic option for filing TSCA certifications, consistent with Executive Order (EO) 13659, Streamlining the Export/Import Process for America’s Businesses, which seeks to reduce unnecessary procedural requirements relating to, among other things, importing into the United States, while continuing to protect our national security, public health and safety, the environment, and natural resources. See 79 FR 10657 (February 25, 2014). …
   CBP is proposing to eliminate the blanket certification process. The existing paper-based blanket certification process set forth in current Sec. 12.121(a)(2)(ii) has limited utility because each blanket certification is only valid at one port of entry and is only valid for one year. In addition, the current blanket certification process is more burdensome than the current entry-specific certification process because it requires filers to report a statement referring to the blanket certification and incorporating it by reference for each entry, as well as four data elements on the blanket certification itself, including product name, Harmonized Tariff Schedule of the United States (HTSUS) subheading number, and the name and address of the foreign supplier. Because the electronic TSCA certification process will require only a certification code, along with the name and contact information of the TSCA certifier, and because the paper-based blanket certification has limited application, we believe the elimination of the blanket certification process will reduce the reporting burden for importers.
   In addition, this document proposes to amend Sec. Sec. 12.125 and 12.126 to allow importers to provide electronic notice of exportation and abandonment as an alternative to the paper-based written notice process allowed under the existing regulations. …
 
R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection.
   Approved: August 23, 2016.
Timothy E. Skud, Deputy Assistant Secretary of the Treasury.
* * * * * * * * * * * * * * * * * * * *

EXIM_a33. EPA Posts List of Mercury Compounds that are Prohibited from Export

(Source: Federal Register) [Excerpts.]
 
81 FR 58926-58927 (Aug. 26, 2016): Mercury Compounds; Prohibition of Export
* AGENCY: Environmental Protection Agency (EPA).
* ACTION: Notice.
* SUMMARY: EPA was directed by Congress to publish in the Federal Register a list of mercury compounds that are prohibited from export, not later than 90 days after the date of enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Act), which amended the Toxic Substances Control Act (TSCA). The Act was enacted on June 22, 2016. Effective January 1, 2020, the statute prohibits export of: Mercury (I) chloride or calomel; mercury (II) oxide; mercury (II) sulfate; mercury (II) nitrate; and cinnabar or mercury sulphide, unless those mercury compounds are exported to member countries of the Organization for Economic Co-operation and Development for environmentally sound disposal, on the condition that no mercury or mercury compounds so exported are to be recovered, recycled, or reclaimed for use, or directly reused, after such export. EPA is not soliciting comments on this notice.
* FOR FURTHER INFORMATION CONTACT: For technical information contact: Sue Slotnick, National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 566-1973; email address: slotnick.sue@epa.gov.
   For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: TSCA-Hotline@epa.gov.
* SUPPLEMENTARY INFORMATION: …
EPA is not soliciting comments on this notice.
   Dated: August 12, 2016.
Jim Jones, Assistant Administrator, Office of Chemical Safety and Pollution Prevention.
* * * * * * * * * * * * * * * * * * * *

EXIM_a44. State/DDTC Seeks Comments on Technology Security/Clearance Plans, Screening Records, and Non-Disclosure Agreements Pursuant to 22 CFR 126.18

(Source: Federal Register) [Excerpts.]
 
81 FR 59263-59264: 30-Day Notice of Proposed Information Collection: Technology Security/Clearance Plans, Screening Records, and Non-Disclosure Agreements Pursuant to 22 CFR 126.18
* ACTION: Notice of request for public comment. …
* DATES: Submit comments directly to the Office of Management and Budget up to September 28, 2016. …
* FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice to: Steve Derscheid–PM/DDTC, SA-1, 12th Floor, Directorate of Defense Trade Controls, Bureau of Political-Military Affairs, U.S. Department of State, Washington, DC 20522-0112, who may be reached via email at DerscheidSA@state.gov.
* SUPPLEMENTARY INFORMATION:
– Title of Information Collection: Technology Security/Clearance Plans, Screening Records, and Non-Disclosure Agreements Pursuant to 22 CFR 126.18. …
– Originating Office: Bureau of Political-Military Affairs, Directorate of Defense Trade Controls (PM/DDTC).
– Form Number: No form.
– Abstract of proposed collection: The export, temporary import, and brokering of defense articles, defense services, and related technical data are licensed by the Directorate of Defense Trade Controls (DDTC) in accordance with the International Traffic in Arms Regulations (“ITAR,” 22 CFR parts 120-130) and Section 38 of the Arms Export Control Act.
   ITAR Sec. 126.18 eliminates, subject to certain conditions, the requirement for an approval by DDTC for the reexport of unclassified defense articles, which includes technical data, to individuals who are dual or third-country national employees of a foreign business entity, foreign governmental entity, or international organization that is an authorized end-user, foreign signatory, or consignee (including transfers to approved sub-licensees) for defense articles, including the transfer to dual nationals or third-country nationals who are bona fide regular employees of the foreign business entity, foreign governmental entity, or international organization.
   To use ITAR Sec. 126.18, effective procedures must be in place to prevent diversion to any destination, entity, or for purposes other than those authorized by the applicable export license or other authorization. Those conditions can be met under Sec. 126.18(c)(1) by requiring a security clearance approved by the host nation government for its employees, or under Sec. 126.18(c)(2) by the end-user or consignee having in place a process to screen its employees and to have executed a Non-Disclosure Agreement that provides assurances that the employee will not transfer any defense articles to persons or entities unless specifically authorized by the consignee or end-user. ITAR Sec. 126.18(c)(2) also provides that the technology security/clearance plans and screening records shall be made available to DDTC or its agents for civil or criminal law enforcement purposes upon request. …
 
   Dated: August 22, 2016.
Lisa Aguirre, Managing Director, Directorate of Defense Trade Controls, Department of State.
* * * * * * * * * * * * * * * * * * * *

OGSOTHER GOVERNMENT SOURCES

OGS_a15. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)

 
* U.S. Customs and Border Protection; NOTICES; Automated Commercial Environments: Sole CBP-Authorized Electronic Data Interchange System for Processing Electronic Drawback and Duty Deferral Entry and Entry Summary Filings [Publication Date: 30 August 2016.]  
* * * * * * * * * * * * * * * * * * * *

* * * * * * * * * * * * * * * * * * * *

* * * * * * * * * * * * * * * * * * * *

 
The Defence Export Controls website has been moved, and can be reached via http://www.defence.gov.au/ExportControls/Default.asp.

* * * * * * * * * * * * * * * * * * * *

OGS_a59. EU Amends for the 251st Time Restrictive Measures Concerning ISIL and Al-Qaeda
 
Regulations:
  – Commission Implementing Regulation (EU) 2016/1430 of 26 August 2016 amending for the 251st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaeda organisations.
* * * * * * * * * * * * * * * * * * * *

NWSNEWS

NWS_a110. Expeditors News: “CBP Announces ACE Export Reports: Revised Certification of Authority”
(Source: Expeditors News)
 
On August 26, 2016 U.S. Customs and Border Protection (CBP) released on behalf of the U.S. Census Bureau, Cargo Systems Messaging Service (CSMS) #16-000750 a revised Certification of Authority for Export Reports has been added in ACE to accelerate the vetting procedure.
 
According to the notice, “The ACE Export Reports feature provides users in the trade community the ability to access their official export records free of charge,” and enables compliance with the Foreign Trade Regulations by providing privacy and data confidentiality.
 
The full CSMS, including how to request access can be viewed here.
* * * * * * * * * * * * * * * * * * * *

NWS_a211. ST&R Trade Report: “CBP Amends Regulations to Reflect Increase in De Minimis Value for Duty Exemption”

(Source: ST&R Trade Report)
 
U.S. Customs and Border Protection has issued an interim final rule amending its regulations to reflect the increase from $200 to $800 in the value of certain articles that may be imported by one person on one day free of duty and tax. This increase was enacted as part of the Trade Facilitation and Trade Enforcement Act and was effective as of March 10.
 
Interested persons are invited to submit written data, views, or arguments on all aspects of this rule. In particular, CBP is seeking comments on how it can maintain the collection of data required by partner government agencies to prevent unlawful importations when shipments of goods valued below $800 that qualify for the duty and tax exemption are admitted through “release from manifest,” given that the manifest information may not contain all the necessary information required by PGAs for admissibility purposes.
 
This rule also makes the following clarifying and conforming amendments to CBP’s regulations.
 
  – provides that no alcoholic beverage, cigars (including cheroots and cigarillos) and cigarettes containing tobacco, cigarette tubes, cigarette papers, smoking tobacco (including water pipe tobacco, pipe tobacco, and roll-your-own tobacco), snuff, or chewing tobacco is eligible for the exemption
 
  – removes perfume from the list of products excluded from the exemption because the excise tax on such products was eliminated in 1995
 
  – clarifies that importers of goods qualifying for this exemption are not exempt from having to pay any applicable excise taxes collected by other agencies on imported goods
 
  – clarifies that different dollar amounts apply to articles that are bona fide gifts and articles and are shipped from the Virgin Islands, Guam, and American Samoa

* * * * * * * * * * * * * * * * * * * *

COMMCOMMENTARY

COMM_a112. F. Miniter: “Why a ‘Gun Maker’ Is Suing The State Department”

(Source: Forbes)
 
* Author: Frank Miniter, Author and Journalist, FrankMiniter@yahoo.com
 
In a previous column I wrote about executive guidance from the White House that would allow the U.S. Department of State to require gunsmiths to pay a $2,250 annual fee. As often happens, this article caused many people to contact me with more leads. One was Rob Lyman, owner of Leo Combat LLC, located in Centennial, Colorado. Leo Combat was established in 2013 and now makes three products: covers for the exposed hammers on revolvers (a gun-safety product), a knife and a belt clip for a knife or holster. Though Leo Combat is a small manufacturer that doesn’t make firearms, ammunition or something else a hostile foreign government or terrorist group could use, the U.S. Department of State notified Lyman that he is required him to pay $2,250 every year as mandated by the Directorate of Defense Trade Controls (DDTC) regulations.
 
The Department of State sent Lyman a letter on official letterhead on June 18, 2015 that says in part:
 
Section 38 of the Arms Exports Control Act (ACEA) and Section 722.1 of the
International
Traffic in Arms Regulations (ITAR) require that persons in the business of manufacturing or exporting defense articles or defense services register with the Department of State, Directorate of Defense Trade Controls (DDTC), Office of Defense Trade Controls Compliance.
 
The Office of Defense Trade Controls Compliance has reason to believe that LEO COMBATT LLC is involved in the business of manufacturing and/or exporting of defense articles or defense services. Al examination of information contained in a Commodity Jurisdiction Determination Case (DDTC Case CJ 0176-15) indicates a Manufacturing/Exporter registration may be required. A review of our records indicates. that LEO COMBATT LLC is not currently registered with this Office.
 
Failure to register with this Office constitutes a violation of the AECA and the ITAR and could result in civil and/or criminal penalties.
 
A letter like that from the U.S. Department of State would make most people pause, but a few, if they think they are legally or morally right, might just clench their fists and fight. Lyman responded with a lawsuit. He says, “I decided, for the sake of fairness and our freedom, I had to do something no other company has attempted in at least the last 47 years.” Lyman’s lawsuit challenges the constitutionality of the International Traffic in Arms Regulations (ITAR), as it applies to domestic manufacturers.
 
ITAR gives the U.S. Department of State the authority to regulate arms sales, munitions, missiles and other potentially dangerous materials, as our government quite understandably doesn’t want U.S. manufacturers to sell products related to war to our enemies. But ITAR is so broad-reaching it requires even manufacturers that make firearms-related products to pay the $2,250 annual fee. They require this $2,250 fee even if the companies aren’t exporting products, which Lyman says he isn’t.

* * * * * * * * * * * * * * * * * * * *

MSEX/IM MOVERS & SHAKERS

MS_a113
. Monday List of Ex/Im Job Openings: 123 Jobs Posted

(Source: Editor)  


 
Published every Monday or first business day of the week.  Send openings in the following format to
apbosch@fullcirclecompliance.eu
.
 
COMPANY; LOCATION; POSITION TITLE (WEBLINK); CONTACT INFO; REQ ID

*” New listing this week:

 

* AAR Corp; Wood Dale IL;
Trade Compliance Manager
; Requisition ID: 5923

* Airschott / Seaschott; Wash DC/National;
National Sales Director
;
newhire@airschott.com

* Amazon; Beijing, China; 
Trade Compliance Program Manager
; Requisition ID: 344454

* Amazon; Luxembourg; Export Trade Compliance Specialist (M/F); Requisition ID: 341349

* Amazon; London, UK;
Trade Compliance Program Manager (M/F)
; Requisition ID: 429019

* Amazon; Gdansk, Poland;
Senior Compliance Associate – German; Requisition ID: 400464

* Amazon; Gdansk, Poland;
Global Trade Subject Matter Expert – German; Requisition ID: 402913
* Amazon; Seattle WA;
Corporate Counsel, AWS Trade Compliance
; Requisition ID: 404016

* Amazon; Seattle WA;
Compliance Investigator; Requisition ID: 422931
* Amazon; Seattle WA;
Compliance Investigator
; Requisition ID: 432560
* Amazon; Seattle WA;
Compliance Investigator
; Requisition ID: 432561
* Amazon; Seattle WA;
Compliance Investigator
; Requisition ID: 432563
* Amazon; Seattle WA;
Compliance Investigator
; Requisition ID: 432564
* Amazon; Seattle WA;
Sanctions Compliance Specialist
; Requisition ID: 431298

* Amazon; Seattle WA;
NA Compliance Analyst; Requisition ID: 256357

* Amazon; Seattle WA;
Global Trade Compliance Program Manager – Corporate Projects; Requisition ID: 390244
* Amazon; Seattle WA;
Prime Air Trade Compliance Program Manager; Requisition ID: 395658

* Amber Road; Mclean VA;
Senior Trade Specialist

* Armstrong Flight Research Center; Edwards AFB CA; Export Control Specialist; Requisition ID: AF16D0026

* ASML; Hong Kong or Taiwan; Expertise Manager International Trade, Customs and Export Controls APAC; Requisition ID: TW00208

* Aviall; Dallas TX;
Sr. Regulatory & Export Compliance Specialist
; Requisition ID: 11624

* Baylor University; Waco TX;
Manager Export Compliance; Requisition ID: S030428

* Beckman Coulter; Nyon Switzerland;
Senior Trade Compliance Manager – L&D EMEAI
; Requisition ID: DIA009227

* Boeing; Brisbane, Australia;
International Trade Compliance Officer
; Requisition ID:
BOE/1218243X

* Boeing; Huntington Beach CA;
Trade Control Project Manager
; Requisition ID: 1600013450

* Boeing; Huntington Beach CA;
Trade Control Specialist
; Requisition ID: 1600014196
* Boeing; Mesa AZ;
Trade Controls/Exports – First Line Manager
; Requisition ID: 1600014070 

* Boeing; Ridley Park PA;
Trade Controls/Exports – First Line Manager
; Requisition ID: 1600014074


* Bourns Inc.; Riverside CA;
Director Worldwide Contracts
;
BournsHR.Riv@bourns.com

* Choice Logistics; New York;
Manager, Global Trade Operations

* CONMED Corporation; Utica NY;
Logistics & Trade Compliance Analyst
; Requisition ID: 3469

* Cummins, Inc.; Columbus IN; 
Export Controls Analyst Senior
;
scot.lashley@cummins.com

* DoD/DSS; Parsippany NJ; Industrial Security Specialist; Requisition ID: DSS-16-1758834-B
* DoD/DSS; San Diego CA; Industrial Security Specialist; Requisition ID: DSS-16-1748385-MP

* DRS Technologies; Germantown MD;
Senior Trade Compliance Manager
;
Requisition ID: 54749
* DRS Technologies; Melbourne FL;
Senior Trade Compliance Specialist
; Requisition ID: 59327

*
DynCorp International LLC; Fort Worth TX;
BD Trade Compliance Manager
; Requisition ID: 1601114

* Esterline Technologies Corporation; Bellevue WA;
Senior Manager Trade Compliance – Segment Jurisdiction and Classification
; Requisition ID: 7187BR


* Esterline Technologies Corporation; Buena Park CA;
Senior Trade Compliance Manager
; Requisition ID:  5742BR
* Esterline Technologies Corporation; Buena Park CA;
Trade Compliance Specialist 3
; Requisition ID: 6025BR

* Esterline Technologies Corporation; Buena Park CA;
Trade Compliance Team Lead
; Requisition ID: 7125BR

* Esterline Technologies Corporation; Brea CA;
Trade Compliance Manager; Requisition ID: 7333BR

* Esterline Technologies Corporation; Everett WA;
Trade Compliance Specialist III
; Requisition ID: 7805BR

* Esterline Technologies Corporation; Paso Robles CA;
Trade Compliance Manager
; Requisition ID: 6148BR

* Esterline Technologies Corporation; Tijuana, Mexico;
Trade Compliance Specialist III
; Requisition ID: 7763BR

* Esterline Technologies Corporation; Valencia CA;
Trade Compliance Manager
; Requisition ID: 6648BR

* Export Solutions Inc.; Melbourne FL; 
Trade Compliance Specialist II

info@exportsolutionsinc.com

* FLIR Systems; Arlington VA;
Director of Defense Trade Licensing & Compliance

* Google; Hyderabad, India; 
Logistics Trade Compliance Manager, APAC/India 

* Graco; Rogers MN;
Trade Compliance Supervisor 

* Henderson Group Unlimited Inc.; Wash DC;
Commodities Jurisdiction Analyst
;
alannasmith@hendersongroupinc.net


* Henkel; Amsterdam, the Netherlands;
Global Trade Compliance Manager (m/f)
; Requisition ID:
160004JX

* Hub Group; Dallas TX;
International Compliance Analyst

* IBM; Dallas TX;
Global Trade Compliance Senior Analyst
; Requisition ID: 55904BR

* ICAT Logistics; Elkridge MD;
Domestic Operations Agent 

* ICAT Logistics; Elkridge MD;
International Operations Agent 

* Intel; Santa Clara CA;
Global Import Regulatory Program Manager; Requisition ID: 802320


* L-3 Communications, Platform Integration Division; Waco TX;
Export/Import Compliance Administrator A3
; Requisition ID: 083171

* Lam Research Corporation; Fremont CA:
Foreign Trade Analyst 6
; Requisition ID: 12079BR

* Lennox International; Richardson TX;
Trade Compliance Administrator
; Requisition ID: 2016-8055

* Lumber Liquidators; Toano VA;
Compliance Auditor
; Requisition ID: 913

* Lumber Liquidators; Toano VA;
Supply Chain Compliance Specialist
; Requisition ID: 1578

* Lutron; Coopersburg PA; Trade Compliance Coordinator; Requisition ID: 2834

* Lutron; Coopersburg PA;
Trade Manager
; Requisition ID: 2926
* MACOM; Lowell MA;
Trade Compliance Analyst
;
David.Cassin@MACOM.com
; Requisition ID: 1522
*Mars; Chicago IL;
Trade Compliance Analyst
; Requisition ID: 60654
* Mars; Chicago IL;
Trade Compliance Specialist
; Requisition ID: 69456

* Meggitt (Erlanger), LLC; Erlanger KY;
Trade Compliance Manager
; Requisition ID: 22005

* Meggitt Advanced Composites Limited; Shepshed, UK;
Trade Compliance Officer
; Requisition ID: 22122

* Meggitt PLC, Los Angeles;
Trade Compliance Administrator II
; Requisition ID: 22591

*
Microsoft; Redmond WA;
Trade Director, Regulatory Compliance & Standards
;
rybeli@microsoft.com
; Requisition ID: 973167
* Monsanto; St Louis MO;
North America Global Trade Specialist
; Requisition ID: 01CGT

* Moog; East Aurora NY;
Export Compliance Manager;
anihill@moog.com; Requisition ID: 161913

*
MTEQ, Inc.; Lorton VA;
Export Control Specialist
;
hr@mteq.com
; Requisition ID: 422

* NetApp; Amsterdam, the Netherlands;
Trade Compliance Analyst
; Requisition ID: 39950BR

* Newell Rubbermaid; Downers Grove IL;
Customs Compliance Senior Specialist
; Requisition ID: 1601936
 


* Nike; Shanghai, China; Customs Coordinator; Requisition ID: 4375 

* Northrop Grumman T
echnology Services Sector, Advanced Defense Services (ADS) Division
; International Posting (Saudi Arabia);
Manager International Trade Compliance 1
(Saudi Arabia)
; Requisition ID: 16003577

* Northrop Grumman Corporation; Falls Church VA;
Corporate Counsel – Export/Import
; Requisition ID: 16011617
* Northrop Grumman Corporation; Sierra Vista AZ and Herndon VA;

International Trade Compliance Analyst 4
; Requisition ID: 16008077 

* Northrop Grumman Corporation; Falls Church VA;
International Trade Compliance Analyst 3/4
; Requisition ID: 16016665

* Northrop Grumman Corporation; International Posting (Europe);
Global Trade Management Europe 1
; Requisition ID: 16016526
* Northrop Grumman Corporation; Herndon VA;
Manager International Trade Compliance 2
; Requisition ID:
16003572
* Northrop Grumman Corporation; Linthicum MD;
International Trade Compliance Analyst 3
; Requisition ID: 16013233
* Northrop Grumman Corporation; McLean VA;
International Trade Compliance Analyst 4
; Requisition ID: 16014848
* Northrop Grumman Corporation; San Diego CA;
Manager International Trade Compliance 2
; Requisition ID: 16017984


* OSI Systems, Inc.; Hawthorne CA;
Manager, Global Trade Compliance
;
kbutcher@osi-systems.com
; Requisition ID: 9380


* PPG; Sylmar CA;
Export Compliance Coordinator
; Requisition ID: 1600003880
* Premier Farnell; Chicago IL; Trade Compliance Manager – America’s; Requisition ID: 3589

* Qorvo; Richardson TX;
Import/Export Analyst
; Requisition ID:
0004791

* Raytheon; Arlington VA/Wash DC;
Export Licensing Manager
; Requisition ID: 83780BR


* Raytheon; Arlington VA/Wash DC;
Export Compliance Manager
; Requisition ID: 81732BR

* Raytheon; Arlington VA/Wash DC;
Export Licensing Subject Matter Expert
; Requisition ID: 83147BR


* Raytheon; El Segundo CA, Fullerton CA, Goleta CA;
Export Compliance – Agreements Authorization Owner
; Requisition ID: 80519BR


* Raytheon; Rosslyn VA;
Director of Licensing; Requisition ID: 83836BR

* Raytheon; Tucson AZ;
Export Compliance – Agreements Authorization Owner
; Requisition ID: 80648BR


*
Sierra Nevada Corporation; Denver CO;
Trade Compliance Licensing Manager
; Requisition ID:
R0001568

* Syncreon; Various locations – Amsterdam, the Netherlands, Auburn Hills MI or Atlanta GA;
Global Trade Compliance Manager

* Tecomet; Lansing MI;
Export Control Coordinator – EAR/ITAR
; Requisition ID: 1539

* Textron Systems; Hunt Valley MD;
Principal Export Compliance Analyst
; Requisition ID: 242851

* Textron Systems; Wilmington MA;
Principal Export Compliance Analyst
; Requisition ID: 242857


* ThermoFisher Scientific; Fremont CA;
Senior Global Trade Compliance Analyst
; Requisition ID: 38513BR

* Tokyo Electron; Austin TX;
Import/Export Compliance Analyst
; Requisition ID: 5423BR

* Troy Corporation; Florham Park NJ;
Global Trade and Compliance Manager
; Requisition ID: 306


* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Self-Assessment Senior Specialist
; Requisition ID: 13727BR 
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Program Manager, Customs
; Requisition ID: 31331BR 
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Sr. Manager, ITC Contracts & Central Functions
; Requisition ID: 31767BR
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Sr. Mgr, Intl Trade Compl
; Requisition ID: 30525BR  

* United Technologies Corporation, UTC Aerospace Systems; Princeton NJ;
Specialist, International Trade Compliance
; Requisition ID: 22945BR

* United Technologies Corporation, UTC Aerospace Systems; Colorado Springs CO; 
Intl Trade Compliance Site Lead
; Requisition ID: 28655BR

* United Technologies Corporation, UTC Aerospace Systems; Danbury CT;
ITC Site Lead
; Requisition ID: 30565BR

* United Technologies Corporation, UTC Aerospace Systems; Danbury CT; 
Sr Analyst, International Trade Compliance
; Requisition ID: 28174BR


* United Technologies Corporation, UTC Aerospace Systems; Phoenix AZ; Sr Analyst, International Trade Compliance; Requisition ID: 30058BR 
* United Technologies Corporation, UTC Aerospace Systems; Pueblo CO; 
Sr Analyst, Intl Trade Compliance
; Requisition ID: 27643BR


* United Technologies Corporation, UTC Aerospace Systems; Westford MA;
Segment Lead, International Trade Compliance
;
Requisition ID: 30451BR

* United Technologies Corporation, UTC Corporate; Farmington CT;
Corporate ITC Program Mgr.; Requisition ID: 31557BR

* Virgin Galactic; Mojave CA;
Export Compliance Officer
; Requisition ID: 2016-2355

* Vista Outdoor; Overland Park KS;
Import Specialist, International Trade Operations
; Requisition ID: R0000433

* Westinghouse Electric Company; Cranberry Township PA;
Lead, Global Nuclear Export Control

* Zimmer Biomet; Miami FL; 
Trade Compliance Manager – Latin America
; Requisition ID: 542281


* * * * * * * * * * * * * * * * * * * *

ENEDITOR’S NOTES

EN_a314. “Is Your ITAR Up to Date?  Get Ready for the 1 September Changes”

(Source: Jim Bartlett, JEBartlett@JEBartlett.com)
 
Bartlett’s Annotated ITAR
(“BITAR”) is updated every time the ITAR is amended, usually within 24 hours.  In addition, there are many editorial revisions throughout the year, which add new or revised footnotes (currently over 700), updated Glossary and Index entries, updated appendices, and Frequently Asked Questions.  Since January 1st, there have been ten updated versions of the BITAR.
 
2016 ITAR Amendments
 
  –
81 Fed. Reg. 35611-35617 (June 3, 2016); Interim final rule amending ITAR Parts 120, 123, 124, 125, and 126.
  –
81 Fed. Reg. 49531-49539 (July 28, 2016); Final rule amending ITAR Part 121, USML Categories XIV and XVIII (effective Dec. 31, 2016).
  –
81 Fed. Reg. 54732 (Aug. 17, 2016); Final rule (effective Nov. 15, 2016), amending Parts 120, 123, 124, and 126, including destination control statement in § 123.9.
 
2016 Editorial Revisions
 
  –
Feb. 14, 2016: Reformatted Appendix and Annex entries, added Annex F, Frequently Asked Questions, Annex G, Glossary, and added or revised numerous footnotes and Index entries.
  –
Feb. 19, 2016: Added excerpts of 81 FR 8438-8446 (Feb. 19, 2016) proposed amendment of USML Cat. XII to Appendix C, and footnotes to sections proposed for amendments.
  –
May 9, 2016: Revised footnotes, appendices, and Index entries regarding presumed denial countries, DDTC guidance, and other items.
  –
June 3, 2016: Added excerpts of 81 FR 35611-35617 (June 3, 2016) in Appendix C; revised footnotes to indicate amended sections effective September 1, 2016; revised Index entries.
  –
June 27, 2016: Added items to Appendix E, Consent Agreements; revised numerous footnotes, Glossary, and Index entries.
  –
July 28, 2016: Added 81 Fed. Reg. 49531-49539 (July 28, 2016) amendment of categories XIV and XVIII to Appendix C, and footnotes to amended sections; revised numerous footnotes, Glossary, and Index entries.
  –
Aug. 17, 2016: Added 81 Fed. Reg. 54732 amendments to Appendix and footnotes to affected sections to indicate effective date of November 15, 2016.  Also revised numerous footnotes, Glossary, and Index entries.
 
This Thursday, 1 September, the following ITAR amendments will take effect (we may also get a clean-up rule on or before 1 September).  All the amendments will of course be included in the 1 September edition of the BITAR:
 
Amended by 81 Fed. Reg. 35611 (June 3, 2016, effective Sept. 1, 2016):
  –
120.17, Export
  –
120.19, Reexport
  –
120.50, Release
  –
120.51, Retransfer
  –
123.28, Scope of a License
  –
124.1, Manufacturing License Agreements and Technical Assistance Agreements
  –
124.8, Clauses Required Both in Manufacturing License Agreements and Technical Assistance Agreements
  –
124.12, Required Information in Letters of Transmittal
  –
124.16, [Removed and Reserved]
  –
125.4(b)(9), Exemption for Technical Data for US person employee
  –
126.18, Exemption for DN/TCN
 
Then on 15 November, the following ITAR amendments take effect:
 
Amended by 81 Fed. Reg. 54732 (Aug. 17, 2016, effective Nov. 15, 2016):
  –
120.5, Relation to Regulations of Other Agencies; Export of Items Subject to the EAR
  –
123.4, Temporary Import License Exemptions
  –
123.9, Country of Ultimate Destination and Approval of Reexports or Retransfers
  –
123.13, Domestic Aircraft Shipments via a Foreign Country
  –
124.7, Information Required in all Manufacturing License Agreements and Technical Assistance Agreements
  –
124.8, Clauses Required Both in Manufacturing License Agreements and Technical Assistance Agreements
  –
124.9, Additional Clauses Required Only in Manufacturing License Agreements
  –
124.12, Required Information in Letters of Transmittal
  –
124.14, Exports to Warehouses or Distribution Points Outside the United States
  –
125.2, Exports of Unclassified Technical Data
  –
125.7, Procedures for the Export of Classified Technical Data and Other Classified Defense Articles
  –
126.9, Advisory Opinions and Related Authorizations
 
Then again at year’s end the following ITAR amendments take effect:
Amended by 81 Fed. Reg. 49531 (July 28, 2016, effective Dec. 31, 2016):
  –
121.1, Cat. XIV, Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment
  –
121.1, Cat. XVIII, Directed Energy Weapons
 
The BITAR is the essential tool of the ITAR professional.  The BITAR is available only by annual subscription from the Full Circle Compliance website, www.FullCircleCompliance.eu.  If you have any questions, call me at 202-802-0646 or email me JEBartlett@JEBartlett.com.

* * * * * * * * * * * * * * * * * * * *

 

“Genuine tragedies in the world are not conflicts between right and wrong. They are conflicts between two rights.”

  – Georg Wilhelm Friedrich Hegel (27 Aug 1770- 14 Nov 1831, was a German philosopher.  Karl Barth described Hegel as a “Protestant Aquinas” while Maurice Merleau-Ponty wrote that “All the great philosophical ideas of the past century-the philosophies of Marx and Nietzsche, phenomenology, German existentialism, and psychoanalysis-had their beginnings in Hegel.)

“The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of law, where there is no law, there is no freedom.”

  – John Locke (29 Aug 1632-28 Oct 1704, was an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the “Father of Liberalism”.  His contributions to classical republicanism and liberal theory are reflected in the United States Declaration of Independence.)

Monday is pun day.

 

Q. What do you get when you drop your hard-boiled egg on a California beach?

A. San Diego.

  – Nancy Turner Myers, Columbia, MO

* * * * * * * * * * * * * * * * * * * *

EN_a216
. Are Your Copies of Regulations Up to Date?
(Source: Editor)

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.  Changes to applicable regulations are listed below.
 
*
ATF ARMS IMPORT REGULATIONS
: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War
  – Last Amendment: 15 Jan 2016: 81 FR 2657-2723: Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect To Making or Transferring a Firearm 
 
*
CUSTOMS REGULATIONS
: 19 CFR, Ch. 1, Pts. 0-199
  – Last Amendment: 26 Aug 2016: 81 FR 58831-58834: Administrative Exemption on Value Increased for Certain Articles 

* DOD NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL (NISPOM): DoD 5220.22-M
  – Last Amendment: 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 canceled Supp. 1 to the NISPOM  (Summary here.)

* EXPORT ADMINISTRATION REGULATIONS (EAR): 15 CFR Subtit. B, Ch. VII, Pts. 730-774 
  – Last Amendment: 23 Aug 2016: 81 FR 57451-57456: Addition of Certain Persons to the Entity List  

  
*
FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR)
: 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders
  – Last Amendment: 18 May 2016: 81 FR 31169-31171: Burmese Sanctions Regulations   
 
*
FOREIGN TRADE REGULATIONS (FTR)
: 15 CFR Part 30
  – Last Amendment: 15 May 2015; 80 FR 27853-27854: Foreign Trade Regulations (FTR): Reinstatement of Exemptions Related to Temporary Exports, Carnets, and Shipments Under a Temporary Import Bond 
  – HTS codes that are not valid for AES are available
here.
  – The latest edition (9 Mar 2016) of Bartlett’s Annotated FTR (“BAFTR”), by James E. Bartlett III, is available for downloading in Word format. The BAFTR contains all FTR amendments, FTR Letters and Notices, a large Index, and footnotes containing case annotations, practice tips, and Census/AES guidance.  Subscribers receive revised copies every time the FTR is amended. The BAFTR is available by annual subscription from the Full Circle Compliance website.  BITAR subscribers are entitled to a 25% discount on subscriptions to the BAFTR.
 
*
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA)
, 1 Jul 2016: 19 USC 1202 Annex.  (“HTS” and “HTSA” are often seen as abbreviations for the Harmonized Tariff Schedule of the United States Annotated, shortened versions of “HTSUSA”.)
  – Last Amendment: 5 Aug 2016; Harmonized System Update (HSU) 1610, containing 12,995 ABI records and 2,287 harmonized tariff records.
  – HTS codes for AES are available
here
.
  – HTS codes that are not valid for AES are available
here.
 
INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR): 22 C.F.R. Ch. I, Subch. M, Pts. 120-130 (Caution — The ITAR as posted on GPO’s eCFR website and linked on the DDTC often takes several weeks to update the latest amendments.)
   – Latest Amendment:
17 Aug 2016: 81 FR 54732-54737: Amendment to the International Traffic in Arms Regulations: Procedures for Obtaining State Department Authorization To Export Items Subject to the Export Administration Regulations; Revision to the Destination Control Statement; and Other Changes
  – The only available fully updated copy (latest edition 17 Aug 2016) of the ITAR is contained in Bartlett’s Annotated ITAR (“BITAR”), by James E. Bartlett III.  The BITAR contains all ITAR amendments to date, plus a large Index, and over 700 footnotes containing case annotations, practice tips, DDTC guidance, and explanations of errors in the official ITAR text.  Subscribers receive updated copies of the BITAR in Word by email, usually revised within 24 hours after every ITAR amendment.  The BITAR is THE essential tool of the ITAR professional.  The BITAR is available by annual subscription from the Full Circle Compliance website.  BAFTR subscribers receive a 25% discount on subscriptions to the BITAR, please contact us to receive your discount code.

* * * * * * * * * * * * * * * * * * * *

EPEDITORIAL POLICY

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., edited by James E. Bartlett III and Alexander Bosch, and emailed every business day to approximately 7,500 readers of changes to defense and high-tech trade laws and regulations. We check the following sources daily: Federal Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP, DOJ/ATF, DoD/DSS, DoD/DTSA, State/DDTC, Treasury/OFAC, White House, and similar websites of Australia, Canada, U.K., and other countries and international organizations.  Due to space limitations, we do not post Arms Sales notifications, Denied Party listings, or Customs AD/CVD items.

* INTERNET ACCESS AND BACK ISSUES: The National Defense Industrial Association (“NDIA”) posts the Daily Update on line, and maintains back issues since August, 2009 here.

* RIGHTS & RESTRICTIONS: This email contains no proprietary, classified, or export-controlled information. All items are obtained from public sources or are published with permission of private contributors, and may be freely circulated without further permission. Any further use of contributors’ material, however, must comply with applicable copyright laws.

* CAVEAT: The contents of this newsletter cannot be relied upon as legal or expert advice.  Consult your own legal counsel or compliance specialists before taking actions based upon news items or opinions from this or other unofficial sources.  If any U.S. federal tax issue is discussed in this communication, it was not intended or written by the author or sender for tax or legal advice, and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or tax-related matter.

* SUBSCRIPTIONS: Subscriptions are free.  Subscribe by completing the request form on the Full Circle Compliance website.

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