 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 here for free subscription. Contact us for advertising inquiries and rates. [Editor’s Note: The Daily Bugle will not be published on Monday, 10 October 2016, a U.S. national holiday.] |  |
| | - Commerce/BIS: Emerging Technology and Research Advisory Committee to Meet on 27 Oct in Wash DC
| | | - Ex/Im Items Scheduled for Publication in Future Federal Register Editions
- Commerce/BIS: (No new postings.)
- DoD/DSS Posts Reminder on Identifying Government Customer on Investigations for Personnel Clearances
- Justice: “Brooklyn Resident and Two Russian Nationals Arrested in Connection with Scheme to Illegally Export Controlled Technology to Russia”
- State/DDTC: (No new postings.)
| | | - ST&R Trade Report: “Dates and Deadlines: MTB, Export Controls, International Payments, Duty Savings”
| | | - Friday List of Approaching Events
| | | - Bartlett’s Unfamiliar Quotations
- Are Your Copies of Regulations Up to Date? Latest Changes: ATF (15 Jan 2016), Customs (30 Sep 2016), DOD/NISPOM (18 May 2016), EAR (7 Sep 2016), FACR/OFAC (18 May 2016), FTR (15 May 2015), HTSUS (30 Aug 2016), ITAR (29 Sep 2016)
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EX/IM ITEMS FROM TODAY’S FEDERAL REGISTER |
1. Commerce/BIS: Emerging Technology and Research Advisory Committee to Meet on 27 Oct in Wash DC (Source: Federal Register) [Excerpts.] 81 FR 69782: Emerging Technology and Research Advisory Committee; Notice of Open Meeting The Emerging Technology and Research Advisory Committee (ETRAC) will meet on October 27, 2016, 8:30 a.m., Room 3884, at the Herbert C. Hoover Building, 14th Street between Pennsylvania and Constitution Avenues NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on emerging technology and research activities, including those related to deemed exports. The open sessions will be accessible via teleconference to 25 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@bis.doc.gov no later than, October 20, 2016. A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email. For more information, call Yvette Springer at (202) 482-2813. Dated: October 4, 2016. Yvette Springer, Committee Liaison Officer. * * * * * * * * * * * * * * * * * * * *
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OTHER GOVERNMENT SOURCES |
2. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register) * Defense Acquisition Regulations System; PROPOSED RULES; Defense Federal Acquisition Regulation Supplements: Procurement of Commercial Items; DFARS Case 2016-D006; Extension of Comment Period [Publication Date: 11 October 2016.] * Treasury; Foreign Assets Control Office; NOTICES; Blocking or Unblocking of Persons and Properties [Publication Date: 11 October 2016.] * * * * * * * * * * * * * * * * * * * *
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The Defense Security Service (DSS) requests assistance in assuring that all of your requests for personnel security investigations (PSIs) in the Joint Personnel Adjudication System (JPAS) identify the government customer in the contract number field when requesting PCLs. Accurate data entry of the source of the investigative requirement for a clearance is essential to effectively manage and validate industry’s PSI submissions with the government customers. We have provided guidance here for your ease of reference and implementation. * * * * * * * * * * * * * * * * * * * * |
5. Justice: “Brooklyn Resident and Two Russian Nationals Arrested in Connection with Scheme to Illegally Export Controlled Technology to Russia” (Source: Justice) [Excerpts.] Earlier today, Alexey Barysheff of Brooklyn, New York, a naturalized citizen of the United States, was arrested on federal charges of illegally exporting controlled technology from the United States to end-users in Russia. Simultaneously, two Russian nationals, Dmitrii Aleksandrovich Karpenko and Alexey Krutilin, were arrested in Denver, Colorado, on charges of conspiring with Barysheff and others in the scheme. Federal agents also executed search warrants at two Brooklyn locations that were allegedly used as front companies in Barysheff’s illegal scheme. Barysheff is scheduled to make his initial appearance today at 2:00 p.m EDT at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York, before Chief United States Magistrate Judge Roanne L. Mann. Karpenko and Krutilin are scheduled to make their initial appearances today at 2:00 p.m. MDT at the United States Courthouse in Denver, Colorado, where the government will seek their removal in custody to the Eastern District of New York. … The complaints allege that Barysheff, Karpenko, Krutilin, and others were involved in a conspiracy to obtain cutting-edge microelectronics from manufacturers and suppliers located within the United States and to export those high-tech products to Russia, while evading the government licensing system set up to control such exports. The Department of Commerce, pursuant to authority granted by the President of the United States, has placed restrictions on the export and re-export of items that it has determined could make a significant contribution to the military potential and weapons proliferation of other nations and that could be detrimental to the foreign policy and national security of the United States. The microelectronics shipped to Russia included, among other products, digital-to-analog converters and integrated circuits, which are frequently used in a wide range of military systems, including radar and surveillance systems, missile guidance systems and satellites. These electronic devices required a license from the Department of Commerce to be exported to Russia and have been restricted for anti-terrorism and national security reasons. As further detailed in the complaints, in 2015 Barysheff registered the Brooklyn, New York-based companies BKLN Spectra, Inc. (Spectra) and UIP Techno Corp. (UIP Techno). Since that time, the defendants and others have used those entities as U.S.-based front companies to purchase, attempt to purchase, and illegally export controlled technology. To induce U.S.-based manufacturers and suppliers to sell them high-tech, export-controlled microelectronics and to evade applicable controls, the defendants and their co-conspirators purported to be employees and representatives of Spectra and UIP Techno and provided false end-user information in connection with the purchase of the items, concealed the fact that they were exporters and falsely classified the goods they exported on records submitted to the Department of Commerce. To conceal the true destination of the controlled microelectronics from the U.S. suppliers, the defendants and their co-conspirators shipped the items first to Finland and subsequently to Russia. … If convicted of the charges, the defendants face up to 25 years in prison and a $1 million fine. A criminal complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors. … * * * * * * * * * * * * * * * * * * * *
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6. State/DDTC: (No new postings.) * * * * * * * * * * * * * * * * * * * *
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NEWS |
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EX/IM TRAINING EVENTS & CONFERENCES |
8 . Friday List of Approaching Events * Oct 9-11: Grapevine TX: “DFW Fall Conference;” ICPA * Oct 19: London; “Control List Classification – Dual Use;” UK/BIS Export Control Organisation; denise.carter@bis.gsi.gov.uk * Oct 24-25: Arlington VA; “2016 Fall Conference;” Society for International Affairs; admin@siaed.org * Oct 31-Nov 3: Wash DC; “US Export Controls Seminar;” ECTI; jessica@learnexportcompliance.com; 540-433-3977 * Nov 2: Chicago; “AES Compliance Seminar;” Dept. of Commerce/ Census & M-Palm; shawn@m-palm.com * * * * * * * * * * * * * * * * * * * *
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| EDITOR’S NOTES |
9. Bartlett’s Unfamiliar Quotations (Source: Editor) Notable birthdays: * Niels Bohr (Niels Henrik David Bohr, 7 Oct 1885 – 18 Nov 1962, was a Danish physicist who made foundational contributions to understanding atomic structure and quantum theory, for which he received the Nobel Prize in Physics in 1922. Bohr was also a philosopher and a promoter of scientific research.)
– “An expert is a man who has made all the mistakes which can be made, in a narrow field.”
Friday funnies:
The Harvard “Ig Nobels” awards ceremony for quirky scientific achievement has recognized Andreas Sprenger, of the University of Luebeck in Germany, who found that if you have an itch on one arm, you can relieve it by looking in a mirror and scratching the opposite arm. Sprenger discovered that if you have a skin condition with an intolerable itch, you can scratch the other arm to relieve it without scratching the affected arm raw.
— Laura Lyons, Fremont, CA
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10. 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. – 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 * EXPORT ADMINISTRATION REGULATIONS (EAR): 15 CFR Subtit. B, Ch. VII, Pts. 730-774 – Last Amendment: 20 Sep 2016: 81 FR 64693-64698: Revisions to the Entity List; and 81 FR 64655-64692: Wassenaar Arrangement 2015 Plenary Agreements Implementation, Removal of Foreign National Review Requirements, and Information Security Updates – 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. Please contact us to receive your discount code. – HTS codes for AES are available here . – HTS codes that are not valid for AES are available here. – Latest Amendment: 29 Sep 2016: 81 FR 66804-66807: RIN 1400-AD95; Amendment to the International Traffic in Arms Regulations: Tunisia, Eritrea, Somalia, the Democratic Republic of the Congo, Liberia, Cote d’Ivoire, Sri Lanka, Vietnam, and Other Changes
– The only available fully updated copy (latest edition 29 Sep 2016) of the ITAR with all amendments 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. * * * * * * * * * * * * * * * * * * * *
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| * 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 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.
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