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 | | EX/IM ITEMS FROM TODAY’S FEDERAL REGISTER |
| 1. Commerce/BIS Seeks Comments on Report of Requests for Restrictive Trade Practice or Boycott 81 FR 75374: Proposed Information Collection; Comment Request; Report of Requests for Restrictive Trade Practice or Boycott * AGENCY: Bureau of Industry and Security, Department of Commerce. * ACTION: Notice. … * DATES: Written comments must be submitted on or before December 30, 2016. * ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). * FOR FURTHER INFORMATION CONTACT: Mark Crace, BIS ICB Liaison, (202) 482-8093, Mark.Crace@bis.doc.gov. * SUPPLEMENTARY INFORMATION: … This information is used to monitor requests for participation in foreign boycotts against countries friendly to the U.S. The information is analyzed to note changing trends and to decide upon appropriate action to be taken to carry out the United States’ policy of discouraging its citizens from participating in foreign restrictive trade practices and boycotts directed against friendly countries. … Sheleen Dumas, PRA Departmental Lead, Office of the Chief Information Officer. * * * * * * * * * * * * * * * * * * * *
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2. DoD Seeks Comments on Withholding of Unclassified Technical Data and Technology From Public Disclosure (Source: Federal Register) [Excerpts.] 81 FR 75352-75361: Withholding of Unclassified Technical Data and Technology From Public Disclosure * AGENCY: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics, DoD. * ACTION: Proposed rule. * SUMMARY: This rulemaking establishes policy, assigns responsibilities, and prescribes procedures for the dissemination and withholding of certain unclassified technical data and technology subject to the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). It applies to DoD components, their contractors and grantees and is meant to control the transfer of technical data and technology contributing to the military potential of any country or countries, groups, or individuals that could prove detrimental to U.S, national security or critical interests. * DATES: Comments must be received by December 30, 2016. … * FOR FURTHER INFORMATION CONTACT: Vakare Valaitis, 703-767-9159. * SUPPLEMENTARY INFORMATION: … For the purposes of this regulation, public disclosure of technical data and technology is the same as providing uncontrolled foreign access. This rule instructs DoD employees, contractors, and grantees to ensure unclassified technical data and technology that discloses technology or information with a military or space application may not be exported without authorization and should be controlled and disseminated consistent with U.S. export control laws and regulations. … This proposed rule describes procedures for the release of technical information; discusses procedures for technical data and technology to be marked for distribution; and provides an example of the notice to accompany export-controlled technical data and technology. … Dated: October 26, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. * * * * * * * * * * * * * * * * * * * *
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3. DHS/CBP: Customs Operations Advisory Committee to Meet on 17 Nov in Wash DC (Source: Federal Register) [Excerpts.] 81 FR 75423-75424: Commercial Customs Operations Advisory Committee (COAC) * AGENCY: U.S. Customs and Border Protection (CBP), Department of Homeland Security (DHS). * ACTION: Committee Management; Notice of Federal Advisory Committee Meeting. * SUMMARY: The Commercial Customs Operations Advisory Committee (COAC) will meet in Washington, DC. The meeting will be open to the public. * DATES: The Commercial Customs Operations Advisory Committee (COAC) will meet on Thursday, November 17, 2016, from 12:30 p.m. to 4:30 p.m. EST. Please note that the meeting may close early if the committee has completed its business. – Pre-Registration: Meeting participants may attend either in person or via webinar after pre-registering using a method indicated below: … ADDRESSES: The meeting will be held at the Washington Marriott Wardman Park Hotel, 2660 Woodley Road NW., Washington, DC 20008. There will be signage posted directing visitors to the location of the meeting room. … * FOR FURTHER INFORMATION CONTACT: Ms. Karmeshia Tuck, Office of Trade Relations, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Room 3.5A, Washington, DC 20229; telephone (202) 344-1661; facsimile (202) 325-4290. * SUPPLEMENTARY INFORMATION: … The COAC will hear from the following subcommittees on the topics listed below and then will review, deliberate, provide observations, and formulate recommendations on how to proceed: (1) The Trade Enforcement and Revenue Collection (TERC) Subcommittee will discuss the progress made on prior TERC, Bond Working Group, and Intellectual Property Rights Working Group recommendations, as well the recommendations from the Forced Labor Working Group. (2) The Global Supply Chain Subcommittee will provide an update report on the progress of the Customs-Trade Partnership Against Terrorism (C-TPAT) Working Group that is reviewing and developing recommendations to update the C-TPAT minimum security criteria. (3) The One U.S. Government Subcommittee (1 USG) will discuss the progress of the North American Single Window (NASW) Working Group’s NASW approach. The subcommittee will also discuss the progress of the Automated Commercial Environment (ACE) Single Window effort. (4) The Exports Subcommittee will give an update on the Air, Ocean, and Rail Manifest Pilots and discuss the progress of the Truck Manifest Sub-Working Group, which is coordinating with the 1 USG NASW Working Group. (5) The Trade Modernization Subcommittee will discuss the progress of the International Engagement and Trade Facilitation Working Group which will be identifying examples of best practices in the U.S. and abroad that facilitate trade. The subcommittee will discuss the startup of the Revenue Modernization Working Group which will be generating advice pertaining to the strategic modernization of Customs and Border Protection’s revenue collections process and systems. Finally, the subcommittee will discuss the startup of the Rulings and Decisions Working Group which will be identifying process improvements in the receipt and issuance of Customs and Border Protection Headquarters’ rulings and decisions. (6) The Trusted Trader Subcommittee will continue their discussion on their vision for an enhanced Trusted Trader concept that includes engagement with CBP to include relevant partner government agencies with a potential for international interoperability. Meeting materials will be available by November 14, 2016, here. Dated: October 26, 2016. Maria Luisa Boyce, Senior Advisor for Private Sector Engagement, Office of Trade Relations. * * * * * * * * * * * * * * * * * * * *
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OTHER GOVERNMENT SOURCES |
4. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)
* Treasury; Foreign Assets Control Office; NOTICES; Blocking or Unblocking of Persons and Properties [Publication Date: 1 November 2016.] * * * * * * * * * * * * * * * * * * * *
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| On Wednesday, November 2, BIS will not be having the regular ECR weekly teleconference. In its place, similar to past years, Assistant Secretary for Export Administration Kevin Wolf will be doing a special extended version of the teleconference live from the BIS Update Conference, along with others from BIS. The event will include a special topic on the USML Category XII and EAR bookend rules that were published on October 12, 2016 and become effective December 31, 2016. Matthew S. Borman, Deputy Assistant Secretary for Export Administration and Steven Emme from BIS will provide an overview of the EAR rule. Robert Monjay from the Department of State will provide an overview of the Category XII rule. Speakers from Commerce and State will be available to answer questions on the new rules. On November 2, during “Live from Update,” you can dial the usual teleconference number: 1-888-455-8218 and use passcode: 6514196 to listen in. International Call in Number (this is a toll call at your international call rate): 210-234-0043 and use passcode: 6514196. * * * * * * * * * * * * * * * * * * * *
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| All DDTC systems, including DTrade and EFS, will be unavailable to industry from 5:30PM (EST) Friday November 4, 2016 through 9:30PM (EST) Friday November 4 due to scheduled system maintenance. * * * * * * * * * * * * * * * * * * * *
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7. EU Amends Restrictive Measures Concerning ISIL, Al-Qaida and Transnistrian Region of the Republic of Moldova Regulations: – Commission Implementing Regulation (EU) 2016/1906 of 28 October 2016 amending for the 256th 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 Decisions: – Council Decision (CFSP) 2016/1908 of 28 October 2016 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova * * * * * * * * * * * * * * * * * * * *
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NEWS |
8. Expeditors News: “WCO Released 2017 HS Tariff Nomenclature” In a news release published on October 28, 2016 the World Customs Organization (WCO) announced the release of the 2017 edition of the Harmonized System (HS) Nomenclature. The HS is utilized by over 200 countries and entities for the classifying of goods for international trade. According to the announcement, “The 2017 Edition of the HS Nomenclature includes 242 sets of amendments (including some complementary amendments): 85 relating to the agricultural sector; 45 to the chemical sector; 22 to the wood sector; 15 to the textile sector; 6 to the base metal sector; 25 to the machinery sector; 18 to the transport sector and an additional 26 that apply to a variety of other sectors.” The 2017 Edition of the HS Nomenclature will go into effect on January 1, 2017. The notice and link to the updates can be accessed here. * * * * * * * * * * * * * * * * * * * *
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COMMENTARY |
9. D.M. Edelman: “Getting Your Goods Through Port Faster While Keeping the Country Safe- Is Membership in C-TPAT Right for You?” * Author: Doreen M. Edelman, Esq., Baker Donelson LLP, 202-508-3460, dedelman@bakerdonelson.com If you are importing a large volume of products from abroad and are not aware of the C-TPAT program administered by Customs and Border Protection (CBP), then you may want to consider the benefits of the program. C-TPAT is short for the Customs-Trade Partnership Against Terrorism, and participants in the program are six times less likely to undergo a security related cargo examination. Additionally, C-TPAT participants are four times less likely to be subject to a trade related examination than non-C-TPAT members. These significantly fewer cargo examinations help save importers time and money. Benefits of the program include: – Priority Processing: C-TPAT shipments are moved ahead of any non-C-TPAT shipments. C-TPAT shipment are allowed access to land border expedited processing via the FAST program. – Reduced Examination Rates and Time: C-TPAT exporters will receive trade facilitation benefits, including prioritized examination over non-C-TPAT members. – Mutual Recognition Arrangements (MRA): Participants may receive heightened facilitation from foreign partners, depending on the MRAs in place. – Business Resumption: In the event of a significant disruption/delay in CBP cargo processing operations, actions are taken to maintain communication and coordination. – Access to Individually-Assigned C-TPAT Supply Chain Security Specialist (SCSS): Each C-TPAT partner is assigned a SCSS who is available to assist the partner with questions regarding supply chain security. – Eligibility to Attend C-TPAT Training and Seminars: Such as the annual C-TPAT conference which provides opportunities to network with other C-TPAT members. – Marketing: Companies are often more confident that C-TPAT partner cargo is more secure, and thus, more likely to do business with a C-TPAT certified partner. In order to participate in C-TPAT, companies must comply with C-TPAT’s Supply Chain Security Criteria, which includes maintaining a documented export security program headed by a designated officer or manager to act as C-TPAT’s main point of contact. Further, companies must have a documented and verifiable process for determining risk throughout their supply chain. Although there are compliance costs associated with C-TPAT membership, most of the membership requirements involve things that importers should be doing anyway and the program does allow for “flexibility and customization of security plans.” depending on the particular importer. In short, participation in the program also allows companies guidance and structure to step up their compliance efforts. When combined with the trade facilitation benefits members enjoy under the program, membership is a win-win for many importers. * * * * * * * * * * * * * * * * * * * *
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10. 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 A “foreign policy control” is a control imposed under the EAR for any and all of the following reasons: chemical and biological weapons, nuclear nonproliferation, missile technology, regional stability, crime control, anti-terrorism, United Nations sanctions, and any other reason for control implemented under section 6 of the EAA or other similar authority. * * * * * * * * * * * * * * * * * * * *
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EX/IM MOVERS & SHAKERS |
11 . Monday List of Ex/Im Job Openings: 113 Jobs Posted (Source: Editor) COMPANY; LOCATION; POSITION TITLE (WEBLINK); CONTACT INFO; REQ ID “#” New listing this week:
* 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
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC; # United Technologies Corporation, UTC Aerospace Systems; Charlotte NC; # United Technologies Corporation, UTC Aerospace Systems; Charlotte NC; # United Technologies Corporation, UTC Aerospace Systems; Charlotte NC; # United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
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| EDITOR’S NOTES |
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13 . Are Your Copies of Regulations Up to Date? (Source: Editor) The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register. Changes to applicable regulations are listed below. – Last Amendment: 15 Jan 2016: 81 FR 2657-2723: Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect To Making or Transferring a Firearm – Last Amendment: 28 Oct 2016: 81 FR 74918: New Mailing Address for the National Commodity Specialist Division, Regulations and Rulings, Office of Trade; Technical Correction – Last Amendment: 17 Oct 2016: 81 FR 71365-71367: Cuba: Revisions to License Exceptions – 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. – HTS codes for AES are available here . – HTS codes that are not valid for AES are available here. – 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. * * * * * * * * * * * * * * * * * * * *
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| * The Ex/Im Daily Update is a publication of FCC Advisory B.V., edited by James E. Bartlett III and Alexander Bosch, and emailed every business day to approximately 7,500 readers of changes to defense and high-tech trade laws and regulations. We check the following sources daily: Federal Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP, DOJ/ATF, DoD/DSS, DoD/DTSA, State/DDTC, Treasury/OFAC, White House, and similar websites of Australia, Canada, U.K., and other countries and international organizations. Due to space limitations, we do not post Arms Sales notifications, Denied Party listings, or Customs AD/CVD items. * 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. |
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