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16-1017 Monday “The Daily Bugle”

16-1017 Monday “Daily Bugle”

Monday, 17 October 2016

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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 Amends EAR, Revisions to License Exceptions Regarding Cuba 
  2. Commerce/BIS Seeks Comments on Form BIS-4023P, Application for NATO International Competitive Bidding 
  3. DHS/CBP Posts Notice of Revocation of Customs Brokers’ Licenses 
  4. Justice Seeks Comments on Certification on Agency Letterhead Authorizing Purchase of Firearm for Official Duties of Law Enforcement Officer 
  5. Treasury/OFAC Amends Cuban Assets Control Regulations 
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. DoD/DSCA Posts SAMM and Policy Memoranda, Week 16-22 Oct 
  4. State/DDTC: (No new postings.) 
  5. EU Amends ISIL and Al-Qaida Restrictive Measures for the 255th Time 
  1. Fortune: “UK Fraud Agency Boss Expects to Move Quickly in Airbus Inquiry” 
  2. ST&R Trade Report: “U.S. Further Eases Rules on Trade with Cuba” 
  1. J. Aiello LeBeau & M.B. Mannino: “BIS Modifies Rules Governing the Export of Information Security Items Under the Export Administration Regulations; Updates to Cuba Regulations Coming Next Week” 
  2. Gary Stanley’s ECR Tip of the Day 
  3. R.C. Burns: “North Pole Praises Today’s OFAC Actions” 
  1. Steven Brotherton Moves to Sandler Travis & Rosenberg 
  2. Monday 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 (17 Oct 2016), FACR/OFAC (17 Oct 2016), FTR (15 May 2015), HTSUS (30 Aug 2016), ITAR (12 Oct 2016) 

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a11. Commerce/BIS Amends EAR, Revisions to License Exceptions Regarding Cuba

(Source:
Commerce/BIS) [Excerpts.]
 
81 FR 71365-71367: Cuba: Revisions to License Exceptions
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Final rule.
* SUMMARY: This rule amends a license exception to allow cargo aboard aircraft to transit Cuba when that cargo is bound for destinations other than Cuba. This rule also authorizes export and reexport of certain items sold directly to individuals in Cuba under a license exception. Finally, this rule revises the lists of ineligible Cuban officials for purposes of certain license exceptions. BIS is publishing this rule to further implement the administration’s policy of increasing engagement and commerce that benefits the Cuban people.
* DATES: Effective: October 17, 2016.
* FOR FURTHER INFORMATION CONTACT: Foreign Policy Division, Bureau of Industry and Security, Phone: (202) 482-4252.
* SUPPLEMENTARY INFORMATION: …
   Today, BIS is taking this action in coordination with OFAC, which is amending the Cuban Assets Control Regulations (CACR) (31 CFR part 515).
   This rule continues the President’s policy of increasing engagement and commerce between the United States and Cuba by making cargo transiting Cuba via aircraft on temporary sojourn eligible for License Exception Aircraft, Vessels and Spacecraft (AVS) (Sec. 740.15 of the EAR), placing it on par with such cargo aboard vessels on temporary sojourn to Cuba. This rule also makes a non-substantive clarifying edit in describing the limits that apply to the transiting cargo. Previously, one of those limits read: “The cargo . . . does not enter the Cuban economy. . . .” This rule revises that limit to read: “The cargo . . . is not removed from the aircraft or vessel for use in Cuba. . . .” BIS believes that the latter more clearly expresses the underlying concept, i.e., that the cargo must truly be in transit to be eligible for this license exception. This final rule continues to apply the other limits of License Exception AVS (that the cargo must not be transferred to another vessel and must leave with the same vessel when it departs) to aircraft as well as vessels without any substantive change.
   In furtherance of the President’s policy to support the Cuban people, this rule also makes exports or reexports of eligible items sold directly to eligible individuals in Cuba for their personal use or their immediate family’s personal use eligible for License Exception SCP. To be eligible, the items must be designated as EAR99 or controlled on the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) only for anti-terrorism reasons. Additionally, the purchasers and end users must not be members of the Council of Ministers, flag officers of the Revolutionary Armed Forces, or members of the Politburo. This amendment to License Exception SCP facilitates direct sales to individuals in Cuba by online retailers and others that sell eligible consumer products directly to end users. This new provision of License Exception SCP complements existing authorizations in the EAR. License Exception SCP already authorizes the export or reexport to Cuba of certain items for use by the Cuban private sector. There is an existing case-by-case licensing policy for the export or reexport to Cuba of items that would meet the needs of the Cuban people, including items for wholesale and retail distribution for domestic consumption by the Cuban people. Additionally, certain donations to the Cuban people have been authorized pursuant to License Exceptions Gift Parcels and Humanitarian Donations (GFT) (Sec. 740.12 of the EAR), Consumer Communications Devices (CCD) (Sec. 740.19 of the EAR), and SCP.
   Finally, this rule revises the lists of Cuban government and Cuban Communist Party officials that are ineligible for provisions of three license exceptions: individual gift parcels (GFT, Sec. 740.12(a) of the EAR), consumer communications devices (CCD, Sec. 740.19 of the EAR), and software and commodities that will be used by the private sector or by individuals to improve the free flow of communications or support certain private sector activities in Cuba (SCP, Sec. 740.21(d)(4) of the EAR). Under this rule, ineligible recipients are limited to members of the Council of Ministers, flag officers of the Revolutionary Armed Forces, and members of the Politburo. BIS is revising these lists to correspond to amendments that OFAC is making to its definitions of prohibited officials of the Government of Cuba and prohibited members of the Cuban Communist Party in Sec. Sec. 515.337 and 515.338 of the CACR, respectively. …
 
   Dated: October 11, 2016.
Matthew S. Borman, Deputy Assistant Secretary for Export Administration.

 

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EXIM_a22. Commerce/BIS Seeks Comments on Form BIS-4023P, Application for NATO International Competitive Bidding

(Source: Commerce/BIS) [Excerpts.]
 
81 FR 71480: Submission for OMB Review; Comment Request
   The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
  – Agency: Bureau of Industry and Security.
  – Title: Application for NATO International Competitive Bidding.
  – Form Number(s): BIS-4023P.
  – OMB Control Number: 0694-0128. …
  – Needs and Uses: Opportunities to bid for contracts under the North Atlantic Treaty Organization (NATO) Security Investment Program (NSIP) are only open to firms of member NATO countries. NSIP procedures for international competitive bidding (AC/4-D/2261) require that each NATO country certify that their respective firms are eligible to bid on such contracts. This is done through the issuance of a “Declaration of Eligibility.” The U.S. Department of Commerce, Bureau of Industry and Security (BIS) is the executive agency responsible for certifying U.S. firms. The BIS-4023P is the application form used to collect information needed to ascertain the eligibility of a U.S. firm. BIS will review applications for completeness and accuracy, and determine a company’s eligibility based on its financial viability, technical capability, and security clearances with the U.S. Department of Defense. …
     Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Jasmeet Seehra, Office of Management and Budget (OMB), by email to jseehra@omb.eop.gov, or by fax to (202) 395-7285.
 
Sheleen Dumas, Departmental PRA Lead, Office of the Chief Information Officer.

 

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EXIM_a33. DHS/CBP Posts Notice of Revocation of Customs Brokers’ Licenses

(Source: Federal Register) [Excerpts.]
 
81 FR 71519-71520: Notice of Revocation of Customs Brokers’ Licenses
* AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.
* ACTION: Revocation of customs brokers’ licenses.
* SUMMARY: This document provides notice of the revocation of customs brokers’ licenses by operation of law.
* FOR FURTHER INFORMATION CONTACT: Julia D. Peterson, Branch Chief, Broker Management, Office of Trade, (202) 863-6601, julia.peterson@cbp.dhs.gov.
* SUPPLEMENTARY INFORMATION: This document provides notice that, pursuant to section 641 of the Tariff Act of 1930, as amended (19 U.S.C. 1641), and section 111.30(d) of title 19 of the Code of Federal Regulations (19 CFR 111.30(d)), the following customs brokers’ licenses were revoked by operation of law, without prejudice, for failure to file a triennial status report. A list of revoked customs brokers’ licenses appears, below, in alphabetical order by name.
 
* Last/company name; First name; License; Port of issuance.
 
  – Gause; Gabrielle; 17291; Charleston.
  – Hall; Wisty; 14475; Charleston.
  – Hamann; Traci D; 10241; Charleston.
  – Harrell; Barbara; 10565; Charleston.
  – Pitt; Marisa; 10160; Charleston.
  – Powers; Brenda; 10247; Charleston.
  – Seymour; Jeanne; 12246; Charleston.
  – St. Laurent; Fred; 15395; Charleston.
  – Wrench; Shirley; 06055; Charleston.
 
   Dated: October 11, 2016.
Brenda B. Smith, Executive Assistant Commissioner, Office of Trade.
* * * * * * * * * * * * * * * * * * * *

EXIM_a44. Justice Seeks Comments on Certification on Agency Letterhead Authorizing Purchase of Firearm for Official Duties of Law Enforcement Officer

(Source: Federal Register) [Excerpts.]
 
81 FR 71535-71536: Agency Information Collection Activities; Proposed eCollection eComments Requested; Certification on Agency Letterhead Authorizing Purchase of Firearm for Official Duties of Law Enforcement Officer
* AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.
* ACTION: 30-Day notice.
* SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register 81 FR 53161, on August 11, 2016, allowing for a 60-day comment period.
* DATES: Comments are encouraged and will be accepted for an additional 30 days until November 16, 2016.
* FOR FURTHER INFORMATION CONTACT: If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any other additional information, please contact Rinell Lawrence, Firearms Industry Program Branch, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) either by mail at 99 New York Ave NE., Washington, DC 20226, by email at fipb-informationcollection@atf.gov, or by telephone at 202-648-7190. Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to OIRA_submissions@omb.eop.gov.
* SUPPLEMENTARY INFORMATION: …
  – The Title of the Form/Collection: Certification on Agency
Letterhead Authorizing Purchase of Firearm for Official Duties of Law
Enforcement Officer
  – Form number: None.
  – Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice.
  – Abstract: Law enforcement officers must use the letter when purchasing firearms to be used in his/her official duties from a licensed firearm dealer in the United States. The letter shall state that the officer will use the firearm in official duties and that a records check reveals that the purchasing officer has no convictions for misdemeanor crimes of domestic violence. …
   If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3E-405B, Washington, DC 20530.
 
   Dated: October 12, 2016.
Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.

 

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EXIM_a55. Treasury/OFAC Amends Cuban Assets Control Regulations

(Source: Federal Register) [Excerpts.]
 
81 FR 71372-71378: Cuban Assets Control Regulations
* AGENCY: Office of Foreign Assets Control, Treasury.
* ACTION: Final rule.
* SUMMARY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is amending the Cuban Assets Control Regulations to further implement elements of the policy announced by the President on December 17, 2014, to engage and empower the Cuban people. Among other things, these amendments authorize certain transactions related to Cuban-origin pharmaceuticals and joint medical research; add, expand, and clarify authorizations relating to trade and commerce; authorize certain civil aviation safety-related services; further facilitate authorized travel to Cuba; and expand the authorizations for grants and humanitarian-related services designed to directly benefit the Cuban people. These amendments also implement certain technical and conforming changes. OFAC is making these amendments in support of the process of normalizing bilateral relations with Cuba.
* DATES: Effective: October 17, 2016.
* FOR FURTHER INFORMATION CONTACT: The Department of the Treasury’s Office of Foreign Assets Control: Assistant Director for Licensing, tel.: 202-622-2480, Assistant Director for Regulatory Affairs, tel.: 202-622-4855, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; or the Department of the Treasury’s Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202-622-2410.
* SUPPLEMENTARY INFORMATION: …
 
Health
   Joint medical research. OFAC is amending section 515.547 to authorize persons subject to U.S. jurisdiction to engage in joint medical research projects with Cuban nationals. This general license expands the scope of joint research projects that are authorized to include both non-commercial and commercial medical research. …
 
Trade and Commerce
   Transactions incident to exports and reexports to Cuba. Section 515.533(a) of the Regulations authorizes transactions ordinarily incident to certain exportations of items from the United States, as well as certain reexportations of items from a third country, to Cuba, provided that the exportations or reexportations are authorized by the Department of Commerce. OFAC is removing references to “100% U.S.-origin items” in this section for clarity and to minimize the circumstances under which persons authorized by Commerce to export or reexport items to Cuba are required to obtain a specific license from OFAC. Consistent with Section 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6005) (CDA), this general license does not authorize any transaction between a U.S.-owned or -controlled firm in a third country and Cuba for the exportation to Cuba of commodities produced in a country other than the United States or Cuba. Such transactions must be specifically licensed pursuant to section 515.559 in addition to any required authorization from the Department of Commerce. There are also restrictions imposed by the CDA on the types of transactions that may be licensed pursuant to that section. …
 
Civil Aviation Safety
   Civil aviation safety-related services. OFAC is amending section 515.572 to add a new general license authorizing persons subject to U.S. jurisdiction to provide Cuba and Cuban nationals, wherever located, with services aimed at ensuring safety in civil aviation and the safe operation of commercial aircraft.
 
Travel and Related Transactions
   OFAC is making several changes to rules related to the importation of Cuban-origin merchandise as accompanied baggage and certain travel-related authorizations. …

Humanitarian-Related Transactions
   Additional grants, scholarships, and awards. Sections 515.565 and 515.575 previously authorized the provision of grants, scholarships, and awards in which Cuba or Cuban nationals have an interest (including as recipients) with respect to educational and humanitarian activities, respectively. OFAC is now expanding that authorization to authorize the provision of grants, scholarships, and awards in two additional categories of activities: scientific research and religious activities.
  OFAC is consolidating these authorizations in new section 515.590 and making conforming edits to sections 515.565 and 515.575. …
 
Other Amendments
   Definition of prohibited officials of the Government of Cuba and prohibited members of the Cuban Communist Party. OFAC is amending sections 515.337 and 515.338 to narrow the definitions in these sections.
   Additional technical and conforming edits. OFAC is also making several technical and conforming edits, including adjusting a cross-reference in the note to section 515.421(a)(4) to reflect that the payment and financing terms for agricultural commodities are now located in section 515.533(a)(4); removing sections 515.531 and 515.803 as obsolete; adding the word “repair” to the general licenses for certain travel-related transactions in sections 515.533 and 515.559 to clarify that travel for such purposes has been within the scope of the existing authorizations; removing paragraphs (a) and (b) of section 515.536, as all activities described in such paragraphs are authorized by the general license in section 515.562 relating to official business of the U.S. government; correcting the cross-reference in section 515.560(c)(6)(ii) to the definition of depository institution to be section 515.333; adding the words “paragraphs (a)(1) through (a)(4)” in the first sentence of section 515.572(b)(1) to clarify that records pertaining to passengers do not need to be maintained for transactions authorized pursuant to paragraph (a)(5) of section 515.572; removing a duplicative “subject” from Note 1 to section 515.578(a); and adding the word “authorized” to complete the sentence in section 515.584(c). …
 
   Dated: October 11, 2016.
John E. Smith, Acting Director, Office of Foreign Assets Control.
* * * * * * * * * * * * * * * * * * * *

OGSOTHER GOVERNMENT SOURCES

OGS_a16. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)

 
* Commerce; Industry and Security Bureau; NOTICES; Agency Information Collection Activities; Proposals, Submissions, and Approvals: Triangular Transactions Stamp Covered by a U.S. Import Certificate; Discontinuance [Publication Date: 17 October 2016.]

* Defense Acquisition Regulations System; NOTICES; Agency Information Collection Activities; Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement [Publication Date: 18 October 2016.]  

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

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

 
* DSCA Policy Memo 16-52 Definition and Funding of Pre-Letter of Request Activities has been posted.
  – This memo revises Table C9.T2. Case-Related Manpower Functions and Funding Source Manpower Matrix to further define activities that are considered Pre-LOR and their proper funding source.

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

OGS_a49. State/DDTC: (No new postings.)

(Source: State/DDTC)

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OGS_a510. EU Amends ISIL and Al-Qaida Restrictive Measures for the 255th Time
 
Regulations:
  – Commission Implementing Regulation (EU) 2016/1827 of 14 October 2016 amending for the 255th 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-Qaida organisations
* * * * * * * * * * * * * * * * * * * *

NWSNEWS

NWS_a111. Fortune: “UK Fraud Agency Boss Expects to Move Quickly in Airbus Inquiry”
(Source: Fortune)
 
Britain’s Serious Fraud Office (SFO) is working with French authorities in its investigation into alleged fraud, bribery and corruption at European aerospace group Airbus and expects to proceed “fairly quickly,” its head said on Wednesday.
 
The SFO launched a criminal inquiry in August into Airbus’ use of third-party agents to win commercial jet sales after the company’s compliance teams informed Britain’s export credit agency, which arranges credit guarantees for overseas sales, of inaccuracies.
 
  “We have spoken to the French and continue to do so,” SFO head David Green told Reuters. He declined to say whether the agency was also in contact with the U.S. Department of Justice, saying only it would “speak to any interested party.”
 
The case involves discrepancies over the amount of agents’ fees disclosed in applications for export support, or missing names of third parties, in some cases dating back several years, two people familiar with the matter have said.
 
Airbus has said it is cooperating with inquiries but Green said it was too early to say whether Airbus would qualify for any offer of a Deferred Prosecution Agreement (DPA), in which a company accounts for alleged offending to a criminal court and, if a judge agrees, can settle the case with a fine.
 
Most companies investigated by the SFO say they are fully cooperating with the authorities, although Green said this was not always strictly accurate.
 
But he agreed that Britain’s Tesco was cooperating with a criminal inquiry into accounting practices, launched after the supermarket chain said it overstated half year profits in August 2014 by about 260 million pounds ($320 million).
 
Three former Tesco executives were charged with fraud and false accounting in September and have since denied the allegations, but the wider investigation is continuing. The SFO would decide “in the fullness of time” if a DPA were appropriate in that case, Green said.
 
Since Green took charge in 2012, the SFO has been restructured and re-focused to rebuild confidence in its crime-fighting abilities. He aims to wrap up the big cases kicked off on his watch by the time he steps down in April 2018.
 
The SFO’s success in securing three convictions of former traders for Libor interest rate rigging in July, bringing its convictions in the high-profile case to five, came after heavy criticism for its handling of cases such as the collapse of the corruption trial of businessman Victor Dahdaleh in 2013 and that of six brokers acquitted of alleged Libor fixing.
 
The agency will come under scrutiny again next year when another two former Libor traders face a re-trial after a jury was unable to reach a verdict. Six more former traders face a separate trial over Euribor rigging charges next year.
 
Meanwhile, separate inquiries into how Barclays secured a multi-billion pound emergency financing from Qatari investors in 2008 and the possible manipulation of Bank of England liquidity auctions in the same year are on track to be completed this year, Green said.
 
A lawyer for the SFO said in May that the agency expected to decide by early 2017 whether to bring any criminal charges in the Barclays case – a drawn-out investigation that Green said proved “the resolve” of the SFO.
* * * * * * * * * * * * * * * * * * * *

NWS_a212. ST&R Trade Report: “U.S. Further Eases Rules on Trade with Cuba”
 
The Office of Foreign Assets Control and the Bureau of Industry and Security are amending the Cuban Assets Control Regulations and the Export Administration Regulations, effective Oct. 17, to further normalize relations between the U.S. and Cuba. Among other things these changes will expand and streamline authorizations relating to trade and commerce, including the following.
 
Imports. OFAC is removing the monetary value limitations on what authorized travelers may import from Cuba as accompanied baggage, including on alcohol and tobacco products. Persons subject to U.S. jurisdiction will be authorized to import Cuban-origin goods acquired in third countries as accompanied baggage, also without value limitations. OFAC is removing the prohibition on foreign travelers importing Cuban-origin alcohol and tobacco products as accompanied baggage. In all cases, the Cuban-origin goods must be imported for personal use and normal limits on duty and tax exemptions will apply.
 
OFAC is adding an authorization that will allow the importation into the U.S. or a third country of items that were previously exported or reexported to Cuba pursuant to a BIS or OFAC authorization. This authorization will also permit persons subject to U.S. jurisdiction to service and repair such items. Exporting or reexporting replacement items or items that have been repaired or serviced must be separately authorized by OFAC and/or BIS as appropriate.
 
Exports. OFAC is amending its general license authorizing certain transactions incident to exports and reexports authorized by BIS to eliminate references to 100 percent U.S.-origin items. This is intended to minimize and clarify the circumstances in which an export or reexport authorized by BIS requires additional licensing by OFAC. This general license does not authorize any transaction between a U.S.-owned or -controlled firm in a third country and Cuba for the exportation to Cuba of commodities produced in a country other than the U.S. or Cuba.
 
BIS will generally authorize exports of certain consumer goods that are sold online or through other means directly to eligible individuals in Cuba for their personal use.
 
OFAC is making a technical correction to clarify that agricultural items, such as pesticides and tractors, authorized by BIS for export or reexport to Cuba are not subject to restrictions on payment terms. Authorized exports and reexports to Cuba of agricultural commodities, such as poultry and corn, remain subject to the limited payment and financing terms of cash in advance or third-country financing.
 
Contingent Contracts. OFAC is adding an expanded general license that will authorize persons subject to U.S. jurisdiction to enter into certain contingent contracts for transactions currently prohibited by the embargo provided that contract performance is made expressly contingent on prior authorization by OFAC and any other relevant federal agency or on authorization no longer being required. Transactions ordinarily incident to negotiating and entering into such contracts will also be authorized.
 
Cargo Transportation. OFAC is issuing a general license that will waive the prohibition on foreign vessels entering a U.S. port for purposes of loading or unloading freight for 180 days after calling on a Cuban port for trade purposes if the items the vessel carried to Cuba would, if subject to the EAR, be designated as EAR99 or controlled on the Commerce Control List for anti-terrorism reasons only.
 
BIS will generally authorize air cargo to transit Cuba, complementing an existing general authorization for cargo transiting Cuba aboard vessels.
 
Pharmaceuticals. New OFAC authorizations will allow (a) the importation and the marketing, sale, or other distribution of FDA-approved Cuban-origin pharmaceuticals and (b) transactions incident to obtaining FDA approval of Cuban-origin pharmaceuticals. Persons subject to U.S. jurisdiction engaging in such activities will be authorized to open and maintain bank accounts in Cuba for use in conducting the authorized business.
 
Infrastructure. OFAC is adding a new authorization that will allow persons subject to U.S. jurisdiction to provide services to Cuba or Cuban nationals related to developing, repairing, maintaining, and enhancing certain Cuban infrastructure in order to directly benefit the Cuban people.
 
Civil Aviation. OFAC is adding a new authorization that will allow persons subject to U.S. jurisdiction to provide civil aviation safety-related services to Cuba and Cuban nationals aimed at promoting safety in civil aviation and the safe operation of commercial aircraft.
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COMMCOMMENTARY

COMM_a113. J. Aiello LeBeau & M.B. Mannino: “BIS Modifies Rules Governing the Export of Information Security Items Under the Export Administration Regulations; Updates to Cuba Regulations Coming Next Week”

(Source: WSGR Alert, 14 Oct 2016)
 
* Authors: Josephine Aiello LeBeau, Esq., jalebeau@wsgr.com, 202-973-8813; and Melissa B. Mannino, Esq., aseymour@wsgr.com, 202-973-8856. Both of Wilson Sonsini Goodrich & Rosati.
 
On September 20, 2016, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EARs) to incorporate the December 2015 changes to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies (WA List) into the EAR (the “Rule”). This WSGR Alert focuses on the changes to the information-security-related provisions in the EAR. The amendments, which were effective on September 20, 2016, included both substantive changes to the information-security-related provisions and other technical and process-related changes.
 
Next week, please look for a WSGR Alert outlining amendments to the regulations related to transactions with-and travel to-Cuba. The regulations will be published on Monday, October 17, 2016.
 
Key Information-Security-Related Changes
 
* Two New Export Control Classification Numbers (ECCNs)
. The Rule added two new ECCNs to Category 5, Part 2 (C5P2)-ECCNs 5A003 and 5A004.
  – ECCN 5A003 covers commodities, technology, and software (collectively “items”) relating to non-cryptographic information security, including items to detect surreptitious intrusion.
ECCN 5A004 covers items relating to defeating, weakening, or bypassing information security, including certain cryptanalytic items.
  – C5P2 now has three sections: an initial section for cryptographic information security items covered by ECCNs 5X002 and 5X992 and the two new sections described above. This change facilitates the possible future imposition of separate controls on each section.
 
* Additional Encryption Items Moved to EAR99.
Many low-level and limited-use encryption items previously classified under 5X992, including those with encryption limited to authentication, digital signature, password, and personal identification number (PIN) protection, are now classified as EAR99.
 
* Modest Changes to the Network Infrastructure Criteria.
The definition of a network infrastructure item has been revised to clarify that it includes any “end item,” commodity, or “software” for providing certain enumerated types of communications. These items are typically operated by or for telecommunications service providers, Internet service providers, governments, or medium- or large-sized businesses. The Rule clarifies that commodities, software, and components for the “cryptographic activation” of a network infrastructure item are also network infrastructure items. Finally, The Rule adds new criteria, eliminates others, such as the number of concurrent encrypted channels, and increases the throughput threshold to 250 Mbps from 90 Mbps and the number of end-points for encrypted signaling to 5,000 from 1,000.
 
* Relaxation of Licensing Requirement for Export of Network Infrastructure Items to Certain Government End-Users.
Restricted network infrastructure items, namely those covered under Section 740.17(b)(2)(i)(A), can now be exported under License Exception ENC to “less sensitive government end users” in countries outside of Supplement 3 under License Exception ENC. Less sensitive government end users (defined in Part 772 of the EAR with various examples) include local, state, and provincial entities and civil national and federal entities, such as public works and public health.
 
* Removal of One-Time Company Registration Requirement.
BIS no longer requires companies to obtain an Encryption Registration Number (ERN)-a requirement imposed by the June 2010 amendments to the EAR.
 
* Clarification of Encryption Reporting Requirements.
Companies no longer need to include products that have been classified by BIS with a CCATS (a formal BIS classification ruling) in their annual encryption self-classification reports. Further, once an item has been included in a self-classification report, it no longer needs to be included in subsequent annual self-classification reports.
 
* Restructuring of Other Encryption Related Provisions.
Notification of publicly available encryption source code, previously submitted to BIS under License Exception TSU, has now been moved to Section 742.15(b). Further, the Mass Market-related provisions have been modified and moved to Section 740.17.
 
Other Key Changes
 
The following other key changes may be of specific interest to our clients:
 
* The Foreign National Review requirement for License Exceptions CIV and APP for deemed exports has been removed.
* Adjusted peak performance (APP) for digital computers was raised from 8.0 to 12.5.
 
What Do I Need to Do?
 
* You are no longer required to obtain an ERN from BIS.

* If you have “restricted” network infrastructure products, review the new definition to ensure that they are still controlled as restricted items. Your products may be subject to a lower level of control.
* Some low-level encryption items and those that use limited encryption may have been removed from the Information Security Category. Their ECCN may now be EAR99, or they may fall under a different category. Review these items to determine the new ECCN.
* You may continue to use issued CCATS unless the encryption functionality of the product has changed. When the encryption functionality changes, you may need to submit a new request.
* When your next annual report is due, perform a review to determine if some items can be removed. Products that were self-classified under Section 740.17(b)(1) and have not been included in previous years’ reports are still required to be included in this report.
* Encryption items still cannot be exported, reexported, or transferred without a license to Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine

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

COMM_a214. 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
 
Branches and operating divisions of a listed entity in the EAR’s Entity List in Supplement No. 4 to EAR Part 744 are, by definition, part of the listed entity. They are not legally distinct entities. Therefore, with one exception pertaining to hospitals and medical centers of the Department of Atomic Energy entities in India, the licensing and other obligations imposed on a listed entity also apply to its branches and operating divisions.
* * * * * * * * * * * * * * * * * * * *

COMM_a315. R.C. Burns: “North Pole Praises Today’s OFAC Actions”

(Source:
Export Law Blog
. Reprinted by permission.)
 
* Author: R. Clifton Burns, Esq., Bryan Cave LLP, Wash DC, 202-624-3949,
Clif.Burns@bryancave.com
)
 
The following just arrived in my email:
 
FOR IMMEDIATE RELEASE   
MEDIA CONTACT: Elf E. McElfface, eemcelfface@gmail.com or (951) 262-3062
 
Santa’s Village, North Pole
– Santa Claus today, on behalf of himself, Mrs. Claus and the 40,000 elfployees of the Santa Foundation, expressed his gratitude to the Office of Foreign Assets Control for its timely revision of its rules to grant Santa clear authority this year to visit children both in the United States and Cuba. For years, Santa’s efforts to bring holiday cheer to children of both countries has been thwarted by section 515.207 of the Cuba regulations which would prohibit Santa’s sleigh from landing in the United States while toys for Cuban children remained in the sleigh or in landing in the United States if those toys had been delivered to Cuban children first.
 
Today’s action waives these restrictions if Santa’s sleigh only carries items that would, if they were subject to the EAR, be EAR99 or controlled only for AT reasons. This ends the long struggle over whether teddy bears and other toys – which are not food, medicine, or personal communications devices – could only be delivered to Cuban children in wrapped parcels with the child’s name and address written on the outside and with the statement “GIFT-Export License Not Required” also marked on the parcel package. Notwithstanding the diligence and timely efforts of Santa’s elfployees, compliance with these requirements for each non-naughty child in Cuba has heretofore been impossible.
 
News of the OFAC announcement led to loud cheers and applause throughout Santa’s Village. Elf E. McElfface, Santa’s spokeself, wiped a tear of joy from his eye as he said to the elves in one of Santa’s workshops that he never believed that this would occur in his lifetime, which was saying a lot given that the average life expectancy of an elf on the North Pole is currently just over 500 years.
 
As Christmas approaches, Santa said that he was looking forward to this year’s delivery of toys and goodies to the nice children throughout the world more than ever before and reminded children everywhere, both in Cuba and the United States, that they could call his hotline at +1 (951) 262-3062 to leave their Christmas wishes and toy requests.
 
This press release may include predictions, estimates or other information that might be considered forward-looking. While these forward-looking statements represent the Santa Foundation’s current judgment on what the future holds, they are subject to risks and uncertainties that could cause actual results to differ materially. You are cautioned not to place undue reliance on these forward-looking statements, which reflect our opinions only as of the date of this press release. Please keep in mind that we are not obligating ourselves to revise or publicly release the results of any revision to these forward-looking statements in light of new information or future events.

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

MSEX/IM MOVERS & SHAKERS

MS_a216. Steven Brotherton Moves to Sandler Travis & Rosenberg

(Source: Editor)
 
Steven Brotherton, Esq., has moved to Sandler Travis & Rosenberg, PA, in San Francisco, CA, as Practice Lead, Export Controls & Sanctions. Steven’s new contact information is sbrotherton@strtrade.com, 415-490-1430, cell 415-271-0827.

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

MS_a117
. Monday List of Ex/Im Job Openings: 117 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

* 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


* 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

* 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; Amsterdam, the Netherlands;
Export Compliance Program Manager

* 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


# Intuitive Surgical; Sunnyvale CA;
Senior Manager, Trade Compliance
; Requisition ID: 161341

* IPG Photonics; Oxford MA;
Trade Compliance Analyst

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

# L-3 Communications, Combat Propulsion Division; Muskegon MI;
Sr. Rep. – Global Trade Compliance
; Requisition ID: 084817

* 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 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 CA;
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

* 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; Falls Church VA;
International Trade Compliance Manager 1
; Requisition ID: 16023413

* Northrop Grumman Corporation; International Posting (Europe);
Global Trade Management Europe 1
; Requisition ID: 16016526

* Northrop Grumman Corporation; Linthicum MD;
International Trade Compliance Analyst 3
; Requisition ID: 16013233

# Northrop Grumman Corporation; Rolling Meadows IL;
International Trade Compliance Analyst 3
; Requisition ID: 160123994

* 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

* 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


# Thales; Piscataway NJ;
Manager, Trade Compliance
; Requisition ID: R0012077

* 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


* XPO Logistics; Greenwich CT;
Global Trade Compliance Analyst


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

ENEDITOR’S NOTES

 
Notable birthdays:

* Bobby Jones (Robert Tyre “Bobby” Jones Jr., 17 Mar 1902 – 18 Dec 1971, was an American amateur golfer, and a lawyer by profession, who was one of the most influential figures in the history of the sport.)
  – “Some people think they are concentrating when they’re merely worrying.”
 
* Oscar Wilde (Oscar Fingal O’Flahertie Wills Wilde, 16 Oct 1854 – 30 Nov 1900, was an Irish playwright, novelist, essayist, and poet.)
  – “Most people are other people. Their thoughts are someone else’s opinions, their lives a mimicry, their passions a quotation.”
 
Monday is pun day:
 
Q. What did the mama tomato say to the baby tomato when it was lagging behind?
A. “Come on, Catch up!”
  – Laura Tanner, Kirksville, MO

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

EN_a219
. 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: 17 Oct 2016: 81 FR 71365-71367: Cuba: Revisions to License Exceptions  

  
*
FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR)
: 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders
  – Last Amendment: 17 Oct 2016: 81 FR 71372-71378: Cuban Assets Control 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: 12 Oct 2016: 81 FR 70340-70357: Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category XII and associated sections.
  – The only available fully updated copy (latest edition 12 Oct 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 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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