;

16-1011 Tuesday “The Daily Bugle”

16-1011 Tuesday “Daily Bugle”

Tuesday, 11 October 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 
here for free subscription.  Contact us
for advertising inquiries and rates. 
[Editor’s Note: The Daily Bugle was not published yesterday, 10 October, a U.S. national holiday.]

  1. DoD/DARS Extends Comments Period Concerning Procurement of Commercial Items 
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. DoD/DSS Posts Notice on Retirement of CDSE JPAS/JCAVS Virtual Training for Security Professionals (PS123.16) Course 
  4. State/DDTC: (No new postings.) 
  5. Treasury/OFAC Updates Iran-related Frequently Asked Questions 
  6. President Terminates National Emergency Regarding Burma 
  7. Australia DECO Will Soon Start Trial of 2-Step Permits for Information Security and Cryptography Research 
  1. ST&R Trade Report: “Customs, Trade, Other DHS Regulations Considered for Streamlining or Repeal” 
  1. F.A. DeBusk, M. Duffy and M. Grant: “President Obama Terminates U.S. Sanctions on Burma” 
  2. K. Carlson: “Antidumping and Countervailing Duty Evasion Investigations” 
  3. Gary Stanley’s ECR Tip of the Day 
  4. R.C. Burns: “Burma Sanctions Die and Dead Man Gets a Reprieve” 
  1. Tuesday List of Ex/Im Job Openings: 122 Jobs Posted 
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Changes: ATF (15 Jan 2016), Customs (26 Aug 2016), DOD/NISPOM (18 May 2016), EAR (20 Sep 2016), FACR/OFAC (18 May 2016), FTR (15 May 2015), HTSUS (30 Aug 2016), ITAR (29 Sep 2016) 

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a11. DoD/DARS Extends Comments Period Concerning Procurement of Commercial Items

 
81 FR 70067: Defense Federal Acquisition Regulation Supplement: Procurement of Commercial Items (DFARS Case 2016-D006); Extension of Comment Period
* AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD).
* ACTION: Proposed rule; extension of comment period.
* SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts for Fiscal Years 2013 and 2016 relating to commercial item acquisitions. The comment period on the proposed rule is extended 30 days.
* DATES: The comment period for the proposed rule published on August 11, 2016 (81 FR 53101), is extended. Comments are due by November 10, 2016. …
* FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, telephone 571-372-6099.
* SUPPLEMENTARY INFORMATION: …
   On August 11, 2016, DoD published a proposed rule in the Federal Register at 81 FR 53101 to implement the requirements of sections 851 through 853 and 855 through 857 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016 (Pub. L. 114-92, enacted November 25, 2015), as well as the requirements of section 831 of the NDAA for FY 2013 (Pub. L. 112-239, enacted January 2, 2013), relating to the procurement of commercial items. The proposed rule also provides guidance to contracting officers to promote consistency and uniformity in the acquisition process. …
 
   Government procurement.
Jennifer L. Hawes, Editor, Defense Acquisition Regulations System.
* * * * * * * * * * * * * * * * * * * *

OGSOTHER GOVERNMENT SOURCES

OGS_a12. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)

 
* Commerce; Industry and Security Bureau; RULES; Export Administration Regulations: Control of Fire Control, Laser, Imaging, and Guidance Equipment President Determines No Longer Warrant Control under United States Munitions List [Publication Date: 12 October 2016.]

* Justice; Alcohol, Tobacco, Firearms, and Explosives Bureau; NOTICES; International Trade Data System Tests: Voluntary Export Pilot Project [Publication Date: 12 October 2016.]

* Patent and Trademark Office; NOTICES; Agency Information Collection Activities; Proposals, Submissions, and Approvals: Secrecy and License to Export [Publication Date: 12 October 2016.]

* President; EXECUTIVE ORDERS; Burma; Termination of Emergency (EO 13742) [Publication Date: 12 October 2016.]

* State; RULES; International Traffic in Arms: U.S. Munitions List Category XII  [Publication Date: 12 October 2016.]  

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

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

 
On Nov. 1, 2016, CDSE will no longer offer the JPAS/JCAVS Virtual Training for Security Professionals course. As a result, students will not be able to register for, access, or complete the course and exam after Oct. 31, 2016.
 
Alternate CDSE JPAS training courses are listed below:
 
  – JCAVS User Levels 7 & 8 (PS181.16)
  – JCAVS User Level 10 (PS182.16)
  – JCAVS User Levels 2 thru 6 (PS183.16)
 
Please visit DMDC’s JPAS webpage (click on account manager policy) for information regarding DMDC JPAS account training requirements after Oct. 31, 2016.

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

OGS_a45. State/DDTC: (No new postings.)

(Source: State/DDTC)

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

OGS_a56. Treasury/OFAC Updates Iran-related Frequently Asked Questions

(Source: Treasury/OFAC)
 
OFAC updated the 
Frequently Asked Questions Relating to the Lifting of Certain U.S. Sanctions Under the Joint Comprehensive Plan of Action
, amending two FAQs related to Financial and Banking Measures (C.7 and C.15), amending one FAQ related to Foreign Entities Owned or Controlled by U.S. Persons (K.19), and adding three FAQs related to due diligence (M.10, M.11., and M.12).  OFAC updated these FAQs to provide further clarity on the scope of the sanctions lifting that occurred on Implementation Day of the JCPOA.

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

OGS_a67. President Terminates National Emergency Regarding Burma
(Source: WhiteHouse.gov)
 
Dear Mr. Speaker: (Dear Mr. President:)
 
Consistent with subsection 204(b) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(b), I hereby report that I have issued an Executive Order (the “order”) that terminates the national emergency declared in Executive Order 13047 of May 20, 1997, and revokes that order, Executive Order 13310 of July 28, 2003, Executive Order 13448 of October 18, 2007, Executive Order 13464 of April 30, 2008, Executive Order 13619 of July 11, 2012, and Executive Order 13651 of August 6, 2013.
 
The President issued Executive Order 13047 to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States posed by the actions and policies of the Government of Burma, in response to a deepening pattern of severe repression by the State Law and Order Restoration Council, the then-governing regime in Burma. In Executive Order 13047, the President also determined and certified that, for purposes of section 570(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (Public Law 104-208), the Government of Burma had committed large-scale repression of the democratic opposition in Burma after September 30, 1996, and imposed a prohibition on new investment in Burma. The scope of the national emergency with respect to Burma was modified and additional steps were taken to respond to the threat posed by the actions and policies of the Government of Burma, and further actions were taken under Burma sanctions statutes, namely the Burmese Freedom and Democracy Act of 2003 (Public Law 108-61) and the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (the “JADE Act”), in Executive Orders 13310, 13448, 13464, 13619, and 13651.
 
In the order, I have determined that the situation that gave rise to the national emergency with respect to Burma has been significantly altered by Burma’s substantial advances to promote democracy, including historic elections in November 2015 that resulted in the former opposition party, the National League for Democracy, winning a majority of seats in the national parliament and the formation of a democratically elected, civilian-led government; the release of many political prisoners; and greater enjoyment of human rights and fundamental freedoms, including freedom of expression and freedom of association and peaceful assembly. With these advancements, U.S. national security and foreign policy interests no longer support the blocking of assets and other measures imposed by Executive Orders 13047, 13310, 13448, 13464, 13619, and 13651. For these reasons I have determined that it is necessary to terminate the national emergency declared in Executive Order 13047 and to revoke that order, and Executive Orders 13310, 13448, 13464, 13619, and 13651. While Burma faces significant challenges, including the consolidation of its democracy, the United States can, and intends to, use other means to support the government and people of Burma in their efforts to address these challenges.
 
I hereby report to the Congress that, pursuant to section 5(i) of the JADE Act, I have determined and certify that it is in the national interest of the United States to waive, and have waived, the sanctions described in section 5(b) of the JADE Act.
 
Sincerely,
 
BARACK OBAMA
* * * * * * * * * * * * * * * * * * * *

OGS_a78. Australia DECO Will Soon Start Trial of 2-Step Permits for Information Security and Cryptography Research
(Source: Australia DECO)
 
Defence will soon begin a trial of 2-Step Permits for information security and cryptography research. The first permit is a broad permit to enable the early stages of collaboration and research to proceed with a minimal level of regulation and provide a trigger (via a notification from the researcher) for DEC to assess if a second permit is required. The second permit, which should only be required in limited circumstances, will enable more sensitive projects and collaborations to proceed under a tailored permit that will be crafted to address the identified level of risk.
 
Further information is available here.
* * * * * * * * * * * * * * * * * * * *

NWSNEWS

NWS_a19. ST&R Trade Report: “Customs, Trade, Other DHS Regulations Considered for Streamlining or Repeal”

 
The Department of Homeland Security is requesting public input by Nov. 10 on existing significant regulations, including customs and international trade rules, that it should consider as candidates for streamlining or repeal. This request is part of the department’s tri-annual retrospective review of its regulations.
 
DHS states that it will afford significantly greater weight to feedback that identifies specific regulations, includes actionable data, or provides viable alternatives that meet statutory obligations and regulatory objectives. Commenters should provide specific data that document the costs, burdens, and benefits of existing regulations and to that end are encouraged to emphasize those rules that have been in effect for a sufficient amount of time to warrant a fair evaluation. The department notes that comments that rehash debates over recently issued rules will be less useful.
 
Issues on which comments are sought include the following:
 
  – regulations that make no sense or have become unnecessary, ineffective, or ill-advised

  – regulations that have become outdated and ways to modernize them to better accomplish their regulatory objectives

  – regulations that are still necessary but have not operated as well as expected such that a modified, stronger, or slightly different approach is justified
  – whether DHS currently collects information it does not need or use effectively to achieve regulatory objectives
  – regulations that are unnecessarily complicated or could be streamlined to achieve regulatory objectives in more efficient ways
  – regulations that have been overtaken by technological developments and whether new technologies can be leveraged to streamline or do away with existing regulatory requirements
  – regulations that are not tailored to impose the least burden on society
  – regulations that create difficulty because of duplication, overlap, or inconsistency
  – regulations that are working well that minimize burden and can be used as a model for other DHS regulatory programs
  – how to best obtain and consider accurate, objective information and data about the costs, burdens, and benefits of existing regulations

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

COMMCOMMENTARY

COMM_a110. F.A. DeBusk, M. Duffy and M. Grant: “President Obama Terminates U.S. Sanctions on Burma”
(Source: Hughes Hubbard & Reed LLP, eAlert – Oct 10, 2016)

* Authors: F. Amanda DeBusk, Esq., amanda.debusk@hugheshubbard.com, 202-721-4790; Melissa Duffy, Esq., melissa.duffy@hugheshubbard.com, 202-721-4689; and Michael A. Grant, Esq., michael.grant@hugheshubbard.com, 202-721-4623. All of Hughes Hubbard & Reed LLP.
 
On October 7, 2016, President Obama issued an Executive Order terminating the Burma sanctions. This Executive Order implements the President’s September 14, 2016 announcement of the intention to lift the sanctions.

The lifting of sanctions is comprehensive. The White House terminated the national emergency with respect to Burma and revoked the executive orders that were the basis for the sanctions. The Treasury Department Office of Foreign Assets Control (“OFAC”) Burma Sanctions Regulations (“BSR”) no longer have effect, and OFAC has removed all parties from the Specially Designated Nationals (“SDN”) list who were listed under the Burma sanctions program. In parallel, Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued an administrative exception to the USA Patriot Act authorizing U.S. financial institutions to maintain correspondent accounts with Burmese banks.

OFAC Action

OFAC announced its intention to formally removed the BSR (31 C.F.R. Part 537) from the Code of Federal Regulations, effective immediately. In concert with the Executive Order, OFAC removed all persons from the SDN list that had been designated under the “[BURMA]” sanctions program tag. Further, OFAC removed Burma as a program option on its web-based screening tool, the Sanctions List Search. The impact of the SDN removals means that all property of persons formerly designated under the Burma sanctions is now unblocked and can be released, transferred or otherwise dealt in. Furthermore, U.S. persons are no longer prohibited from engaging in transactions with these parties from this point forward. (However, OFAC noted that any enforcement investigations and activities relating to violations occurring while the sanctions were in effect are not impacted.)

As a cautionary note, there continue to be a number of SDNs located in Burma subject to sanctions under OFAC’s other sanction regimes (e.g., Foreign Narcotics Kingpin Sanctions Regulations). U.S. persons continue to be prohibited from transactions with entities sanctioned under one of OFAC’s other sanctions regimes.

In addition to the lifting of the BSR and the unblocking of SDNs, the new policy now permits the importation of Burmese-origin jadeite and rubies, as well as jewelry made with these items. See, Termination of Emergency with Respect to the Actions and Policies of the Government of Burma, Oct. 7, 2016 (revoking Executive Order 13651, Aug. 6, 2013).

Finally, U.S. persons engaging in “new investment” in Burma are no longer required to file public reports with the U.S. State Department regarding human rights practices, although they may continue to do so voluntarily. See, Termination of Emergency with Respect to the Actions and Policies of the Government of Burma, Oct. 7, 2016 (revoking Executive Order 13047, May 20, 1997).

FinCEN Action

In 2003, pursuant to Section 311 of the USA PATRIOT Act, FinCEN designated Burma as a jurisdiction of primary money laundering concern. This designation restricted the ability of U.S. financial institutions to maintain correspondent accounts with Burmese financial institutions. FinCEN’s Burma rule contained an exception to this designation for any activities authorized by OFAC, and over the past few years OFAC had issued general licenses authorizing certain transactions in recognition of the political progress in Burma – the effect of which was to authorize U.S. banks to maintain correspondent accounts with Burma. In light of the withdrawal of the BSR and the corresponding removal of those general licenses, FinCEN issued “exceptive relief” to continue to give effect to the authorization for the maintenance of correspondent accounts.

In its October 7 action, FinCEN issued an exception to its Burma rule for U.S. correspondent accounts, provided that Burmese accounts on the other side are subject to the enhanced due diligence obligations under Section 312 of the USA PATRIOT Act. The operational effect of this exemption is to preserve the status quo for U.S. banks. FinCEN has stated that it still has concerns with respect to Burma’s banking system, and one can expect that FinCEN will require broader reform before lifting its designation against Burma.

Conclusion

The complete lifting of Burma sanctions means more opportunities for doing business in Burma. However, it is still important to screen all parties, as some Burmese parties remain on the SDN list under other sanctions programs. Further, heightened due diligence and know-your-customer practices will continue to be an important part of any company’s operations in Burma, as the U.S. government continues to recognize Burma as having significant problems with corruption, lack of transparency, money-laundering, and drug trafficking.

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

COMM_a211. K. Carlson: “Antidumping and Countervailing Duty Evasion Investigations”
(Source: Global Trade Magazine, Oct. 5, 2016. Reprinted by permission.)

* Author: Kim Carlson, Esq., kcarlson@gardere.com, 214-999-4208; Gardere Wynne Sewell LLP

In February of this year, the Trade Facilitation and Trade Enforcement Act of 2015 became law. Title IV of this law is the Prevention of Evasion of Antidumping and Countervailing Duty Orders, or the Enforce and Protect Act of 2015 for short.
The Enforce and Protect Act of 2015 and the regulations issued by U.S. Customs and Border Protection (CBP) set out procedures for interested parties to file an allegation with CBP when they suspect another party of evading antidumping or countervailing duties. These reports help CBP to identify potential evaders while allowing domestic producers of a product to be more involved in the enforcement proceedings.

CBP established a new investigatory group called the Trade Remedy Law Enforcement Directorate within the Office of Trade, or TRLED. When a party files an allegation, CBP will review entries filed up to one year prior to the date of the allegation. At its discretion, however, CBP may broaden this scope and review other entries as well. CBP’s discretion is a theme in these new regulations. The regulations are not a limitation on CBP at all. CBP may continue to utilize other avenues to investigate duty evasion as it sees fit.

Related Content:
 
– Despite Brexit, the UK is poised to increase its shipments of export cargo and import cargo in international trade.
– The UK: A Post-Brexit Trading Hub      
– The definitions of key terms under the Enforce and Protect Act of 2015 will likely be familiar as they track definitions used in antidumping and countervailing duty law.

An “allegation” is a filing with CBP by an interested party that alleges an act of evasion.

“Evasion” is defined as the “entry of covered merchandise [subject to an AD or CVD order] into the customs territory of the United States for consumption by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the covered merchandise.”

An “interested party” refers either to a party associated with the domestic like product or a party related to the alleged evasion, including the foreign manufacturer, producer, or exporter, or any importer (not just importers of record) of covered merchandise. The phrase “parties to the investigation” is narrower and only refers to the party filing the allegation and the importer of covered merchandise or alleged evader. However, if a federal agency is the party filing an allegation of evasion, that federal agency is not kept notified of actions taken related to the investigation.

An interested party may file an allegation. Each allegation must be limited to one importer, but a single interested party may file multiple allegations. CBP may consolidate multiple allegations against one or more importers into a single investigation at any point prior to an evasion determination. Consolidation may depend upon relationships between the importers, similarity of covered merchandise, similarity of AD/CVD orders, and overlap in time periods for entries. The date on which CBP receives the first allegation is used to determine the deadlines for the consolidated action.

Agents who are not attorneys at law will need a power of attorney to file an allegation on behalf of their principal. Most trade-related powers of attorney currently being used will be insufficient because the language must specifically authorize such person to make, sign, and file the submission or grant unlimited authority to the agent.

Interested parties may request confidential treatment of their allegation, but the following data elements will never be considered confidential: the name of the party providing information and the party’s agent; how the party making the allegation qualifies as an interested party; the name and address of the importer/alleged evader; a description of covered merchandise; and the applicable AD/CVD orders

CBP is now required to decide whether to initiate an investigation within 15 business days of receipt of a properly filed allegation. If CBP decides not to initiate an investigation, CBP will notify the interested party within five business days of that determination. Receipt of the allegation by CBP starts the clock running, and CBP is subject to statutory deadlines that may not be extended.
If CBP requests information and the importer, foreign producer/exporter, or the party making the allegation fails to cooperate to the best of its ability, CBP may apply an inference adverse to that party, even if another party has provided the information requested by CBP. However, an adverse inference will not be applied against a foreign government.

If at any point after receipt of an allegation, CBP is uncertain whether the merchandise is within the scope of an AD/CVD order, CBP’s TRLED must refer the matter to the Department of Commerce. This action tolls CBP’s deadlines to either initiate an investigation or issue a determination as to evasion.

In addition to responses to CBP’s requests for information, parties to the investigation may submit factual information to support, negate, or clarify the allegation of evasion as long as it is within 200 calendar days from the beginning of the investigation. Rebuttals must be submitted in 10 calendar days. Similarly, written arguments may be submitted to CBP by day 230 and parties have 15 calendar days to submit a response to those written arguments.
No later than 90 calendar days after initiating an investigation, CBP will determine whether there is a reasonable suspicion of evasion, and if so, take interim measures such as suspending or extend the liquidation-the time when entry into the U.S. becomes final and duties are set-or requiring a single transaction bond or additional security or the posting of a cash deposit.
If liquidation is suspended or extended, the entry will remain open until CBP decides whether the entry was within the scope of an antidumping or countervailing duty order and whether evasion took place.

Upon conclusion of the investigation, generally after 300 calendar days, CBP will determine whether there is substantial evidence of evasion. If CBP determines there is no evasion, CBP will suspend its interim measures and liquidate the entries in their normal course. If CBP determines there has been evasion, in addition to its liquidation actions, CBP will require the posting of cash deposits and assess duties on entries of covered merchandise.

Parties to the investigation may file a request for administrative review with the Office of Regulations and Rulings, in which case CBP will review the matter afresh. The final determination is subject to judicial review by the Court of International Trade.

In conclusion, while a party could file an allegation before, CBP was not obligated to notify the party about the status of the matter. Now CBP is bound by some statutory deadlines and some notice requirements as well.
* * * * * * * * * * * * * * * * * * * *

COMM_a312. Gary Stanley’s ECR Tip of the Day

(Source: Defense and Export-Import Update; available by subscription from
gstanley@glstrade.com
)
 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
gstanley@glstrade.com
 
Copyright protections or generic property rights in the underlying physical medium are not restrictions that make information not “published” for purposes of the EAR.

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

COMM_a413. R.C. Burns: “Burma Sanctions Die and Dead Man Gets a Reprieve”

(Source:
Export Law Blog
. Reprinted by permission.)
 
* Author: R. Clifton Burns, Esq., Bryan Cave LLP, Wash DC, 202-624-3949,
Clif.Burns@bryancave.com
)
 
On October 7, 2016, President Obama issued an executive order finding that the situation that led to national emergency declared in Executive Order 13047, and which led to the imposition of sanctions on Burma, had terminated. As a result of this expected action, all of the Burma sanctions appear to have been removed effective immediately as of the date of that order. The order revoked the various previous orders that implemented the finding of a national emergency and imposed sanctions. Additionally, it waived the sanctions in section 5(b) of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (the “JADE Act”). Finally, the President set aside the visa ban and entry restrictions imposed on certain persons in Burma under Presidential Proclamation 8693
 
As I noted in an earlier post, the Office of Foreign Assets Control (“OFAC”) had previously indicated that the Burmese Sanctions Regulations would no longer be in effect as of the date of the executive order terminating the national emergency with respect to Burma. Even so, the order has now been issued but the regulations are still sitting on the OFAC website as if they were in effect. There is another web page, however, which says that the Burmese Sanctions Regulations are now no longer in effect.
 
That same web page says that the restrictions on the import of jade and rubies from Burma has been lifted, but it’s not quite clear why (or if) that is the case. The Executive Order just released only waived the provisions of section 4(b) of the Jade Act but not those of section 6 which implements the import ban on jade and rubies. The President has the power to waive the ban in section 6 on import but only after forwarding certifications to the Ways and Means and Foreign Affairs Committees in the House and the Finance and Foreign Relations Committees in the Senate. There is nothing to indicate that this has been done yet, although it is reasonable to assume that this will happen at some point. So it would seem to me that until that certification is made to Congress and an executive order is issued waiving section 6, the import ban is legally still in effect.
 
At the same time as the executive order, OFAC removed from the SDN List all the individuals and entities that had been designated under the Burma Sanctions. This includes individuals, such as Steven Law, that were designated under the Burma sanctions as a result of narcotics related activities.
 
Probably the person who was happiest over being removed from the SDN List was Law’s father, Lo Hsing Han, although Mr. Lo may not be able to express his happiness to those of among the living, Mr. Lo having died in 2013. The removal of dead people from the SDN List long after they have rotted in their graves would, I suppose, be a humorous anecdote illustrating agency ineptitude were it not for the fact that live people with similar names continue to feel the ill effects of SDN List designations. The least that OFAC could decently do to prevent the collateral impact of SDN List designations on innocent people is to scrub corpses from that list in a timely fashion.

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

MSEX/IM MOVERS & SHAKERS

MS_a114
. Tuesday List of Ex/Im Job Openings: 122 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:

 

* 3M; Maplewood MN;
Trade Compliance Project Leader
; Requisition ID: 112850

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

* Abbvie; Lake County IL;
Senior Analyst, Global Trade Compliance
; Requisition ID: 1605835

* The Aerospace Corporation; Crystal City VA; 
Export Compliance Staff V
; Requisition ID: 2761

* Agilent; Singapore;
Global Trade Compliance Manager – South Asia Region
; Requisition ID: 2068249

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

* Amazon; Seattle WA;
Compliance Investigator
; Requisition ID: 432560
* Amazon; Seattle WA;
Compliance Investigator
; Requisition ID: 432561
* 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;
Prime Air Trade Compliance Program Manager; Requisition ID: 395658

* Amazon; Singapore;
Sr. Trade Compliance Manager
; Requisition ID: 441734

* Aramco Services Company; Houston TX;
Trade Compliance Specialist
; Requisition ID: 295802

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

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


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


* Bunn-O-Matic Corporation; Springfield IL;
Global Logistics Analyst
;
employment.openings@bunn.com
; GO1678
* Bunn-O-Matic Corporation; Springfield IL;
Global Trade Compliance Analyst
;
employment.openings@bunn.com
; GO1687

* Cirrus Logic; Austin TX;
Logistics & Trade Compliance Analyst
; Requisition ID: RB-3290

* Citigroup; Tampa FL;
Compliance Officer – Global Sanctions OFAC Compliance
; Requ
isition ID:
16065173

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

* Continental; Manila,
Philippines;
Head of Transportation and Foreign Trade Compliance
; Requisition ID: 42475BR

* Coriant; Naperville IL;
Sr Mgr of Global Trade Compliance
; Requisition ID: 11353

* Crane Currency; Nashua NH;
Import/Export & Logistics Manager
; Requisition ID: 2016-1459

* DeLaval; Kansas City MO;
Trade Compliance Manager

* 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;
Audit Manager – Compliance
; Requisition ID: 8215BR

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

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

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

* Esterline Technologies Corporation; Tijuana, Mexico;
Trade Compliance Specialist IV
; Requisition ID: 8341BR

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

* Expeditors; Bangkok, Thailand; Regional Trade Compliance Manager – Indochina & Philippines
* 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

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


* IPG Photonics; Oxford MA;
Trade Compliance Analyst

* L-3 Communications; Greenville TX;
International Trade Compliance Admin 2
; Requisition ID: 083430

* 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

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

* Lumber Liquidators; Toano VA;
Supply Chain Compliance Specialist
; Requisition ID: 1578
* Lutron; Coopersburg PA;
Global Trade Compliance Leader
; Requisition ID: 3050

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

* MACOM; Lowell MA;
Trade Compliance Analyst
;
David.Cassin@MACOM.com
; Requisition ID: 1522

* MACOM; Lowell MA;
Trade Compliance Analyst 1
; Requisition ID: 1529

* 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; Requisition ID: 22591

* Mentor Graphics; Fremont CA;
Senior Global Trade Compliance Manager
; Requisition ID: 5129

* Microsoft; Redmond WA;
Trade Director, Regulatory Compliance & Standards
;
rybeli@microsoft.com
; Requisition ID: 973167

* Michael Baker International; Reston VA;
Export Compliance Officer
;
IRC52307

* Monsanto; St Louis MO;
Import/Export Trade Specialist
; Requisition ID: 01CGT
* Moog; East Aurora NY;
Export Compliance Manager
;
anihill@moog.com
; Requisition ID: 161913

* 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; 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; Falls Church VA;
Manager 2, Global Trade Security & Compliance
; Requisition ID: 16014585

* 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; San Diego CA;
Manager International Trade Compliance 2
; Requisition ID: 16017984


* PerkinElmer; Waltham MA;

Manager Trade & Customs

* Raytheon; Arlington VA;
Export Licensing SME/Empowered Official
; Requisition ID: 85810BR


* Raytheon; El Segundo CA;
Manager I Export-Import Control
; Requisition ID: 85354BR

* Raytheon; Fullerton CA;
Global Trade Compliance Manager
; Requisition ID: 85521BR

* Raytheon; Indianapolis IN;
Director Export-Import Control
; Requisition ID: 86373BR
* Raytheon; Indianapolis IN;
Principal SC Compliance Specialist
; Requisition ID: 84932BR

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


* Raytheon; Waltham MA;
Sr Principal SC Compliance Specialist
; Requisition ID: 86169BR

* Sandia National Laboratories; Albuquerque NM;
International Trade Compliance Analyst
; Requisition ID:
654962

* Sekisui; San Diego CA;
International Trade Compliance Associate
; Requisition ID: 1196

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

* SpaceX; Washington DC;
Counsel – Export Compliance Officer


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

* TE Connectivity; Middletown PA;
Senior Director Global Trade Services
; Requisition ID: 2016-73314

* Teva Pharmaceuticals USA, Inc.; North Wales PA;
Export Compliance Specialist; Requisition ID: 16-17768

* 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; Matamoros, Mexico;
Import/Export Supervisor
; Requisition ID: 39750BR
* ThermoFisher Scientific; Shanghai, China;
Compliance Director, Greater China
; Requisition ID: 38520BR
* ThermoFisher Scientific; Shanghai, China;
Sr. Compliance Specialist
; Requisition ID: 37066BR
* ThermoFisher Scientific; Tewksbury MA;
Import/Export Specialist
; Requisition ID: 37409BR

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


* United States Pharmacopeia; Rockville MD OR Frederick MD;
Trade Compliance Specialist
;
Meaghan Ireland –
mci@usp.org
;
Requisition ID: 709-679

* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Self-Assessment Senior Specialist
; Requisition ID: 13727BR 

* 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;
Manager, ITC-Authorizations
; Requisition ID: 22846BR  
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Specialist, ITC IT Systems
; Requisition ID: 33792BR

* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Program Manager, Customs
; Requisition ID: 31331BR
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
International Trade Compliance Auditor
; Requisition ID: 34285BR

* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;

* 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 Aerospace Systems; Windsor Locks CT;
Sr Analyst, Intl Trade Compl
;
Requisition ID: 34916BR
* United Technologies Corporation, UTC Aerospace Systems; Windsor Locks CT;
Specialist, Intl Trade Compliance Authorizations
;
Requisition ID: 33970BR

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

* VWR International, LLC; Radnor PA;
Senior Specialist – Import Compliance
; Requisition ID: 11513

* XPO Logistics; Greenwich CT;
Global Trade Compliance Analyst


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

ENEDITOR’S NOTES

 
Notable birthdays:

* Eleanor Roosevelt (Anna Eleanor Roosevelt, 11 Oct 1884 – 7 Nov 1962, was an American politician, diplomat, and activist. She was the longest-serving First Lady of the United States, having held the post from March 1933 to April 1945 during her husband President Franklin D. Roosevelt’s four terms in office.)
  – “Great minds discuss ideas; average minds discuss events; small minds discuss people.”
 
* Giuseppe Verdi (Giuseppe Fortunino Francesco Verdi, 10 Oct 1813 – 27 Jan 1901, was an Italian opera composer.  Verdi came to dominate the Italian opera scene after the era of Bellini, Donizetti and Rossini, becoming one of the pre-eminent opera composers in history.)
  – “You may have the universe if I may have Italy.”
 
Monday was pun day (These were delayed a day, so we will give you some extras):

Daffy Definitions:
  – BERNADETTE:  The act of torching a mortgage.
  – BURGLARIZE:  What a crook sees through.
  – AVOIDABLE:  What a bullfighter tries to do.
  – EYEDROPPER: Clumsy ophthalmologist.
  – COUNTERFEITER: Workers who put together kitchen cabinets.
  – ECLIPSE:  What an English barber does for a living.
  – LEFT  BANK:  What the bank robbers did when their bag was full of money.
  – HEROES:  What a man in a rowboat does.
  – PARASITES:  What you see from the Eiffel Tower.
  – PARADIGMS: Twenty cents.
  – PARADOX: Two physicians.
  – PHARMACIST:  A helper on a farm.
  – POLARIZE:  What penguins see through.
  – RELIEF:  What trees do in the spring
  – RUBBERNECK:  What you do to relax your wife.  
  – SELFISH:  What the owner of a seafood store does.
  – SUDAFED:  Brought litigation against a government official.
Contributed by Laura Lyons.

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

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: 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 

  
*
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: 30 Aug 2016; Harmonized System Update (HSU) 1612, containing 4,692 ABI records and 935 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: 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, footnotes to amendments that will take effect on 15 November and 31 December, plus a large Index and over 750 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.

* TO UNSUBSCRIBE: Use the Safe Unsubscribe link below.

Scroll to Top