| Thursday, 10 November 2016 | |  The Daily Bugle is a free daily newsletter from Full Circle Compliance, containing changes to export/import regulations (ATF, Customs, NISPOM, EAR, FACR/OFAC, FTR/AES, HTSUS, and ITAR), plus news and events. Subscribe here for free subscription. Contact us for advertising inquiries and rates. [Editor’s Note: The Daily Bugle will not be published tomorrow, Friday, 11 November 2016, a U.S. national holiday.] |
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EX/IM ITEMS FROM TODAY’S FEDERAL REGISTER |
1. President Continues National Emergency With Respect to the Proliferation of Weapons of Mass Destruction 81 FR 79379: Continuation of the National Emergency With Respect to the Proliferation of Weapons of Mass Destruction On November 14, 1994, by Executive Order 12938, the President declared a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the proliferation of nuclear, biological, and chemical weapons (weapons of mass destruction) and the means of delivering such weapons. On July 28, 1998, the President issued Executive Order 13094, amending Executive Order 12938, to respond more effectively to the worldwide threat of weapons of mass destruction proliferation activities. On June 28, 2005, the President issued Executive Order 13382, which, inter alia, further amended Executive Order 12938, to improve our ability to combat proliferation. The proliferation of weapons of mass destruction and the means of delivering them continues to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States; therefore, the national emergency first declared on November 14, 1994, and extended in each subsequent year, must continue. In accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national emergency declared in Executive Order 12938. (Presidential Sig.) THE WHITE HOUSE, November 8, 2016. * * * * * * * * * * * * * * * * * * * *
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OTHER GOVERNMENT SOURCES |
2. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register) * President; ADMINISTRATIVE ORDERS; Burundi; Continuation of National Emergency (Notice of November 9, 2016) [Publication Date: 14 November 2016.] * State; NOTICES; Designations as Foreign Terrorist Organizations: Al-Nusrah Front (and other aliases) [Publication Date: 14 November 2016.] * State; NOTICES; Designations as Global Terrorists: Al-Nusrah Front [Publication Date: 14 November 2016.] (Editor’s note: The Federal Register will not be published tomorrow.) * * * * * * * * * * * * * * * * * * * *
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| This blog provides a few tips to address some common questions and issues for those who set-up exporter accounts in ACE on behalf of a client, authorized agents and freight forwarder roles, as well as with existing ACE importer accounts. Exporter accounts and the AESDirect filing system now reside in the Automated Commercial Environment (ACE). Exporter Roles “Exporter” is an account type within the ACE account structure used for all export related roles including: – Authorized agent – Freight forwarder – Exporting company (U.S. Principal Party in Interest) When you register in the ACE, you will also be registering for an ACE Exporter Account, regardless of your role in the export transaction. Filing on Behalf of a Client When filing on behalf of another company, the U.S. Principal Party in Interest (USPPI) section in ACE should be completed the same way it was for the legacy AESDirect system. An additional USPPI Employee Identification Number (EIN) should only be added to a top account for company subsidiaries. Authorized agents and freight forwarders should not add an USPPI EIN to their account. Account Structure for Authorized Agents and Freight Forwarders A USPPI will not be able to register in ACE if a forwarder or agent added the USPPI’s EIN to their ACE Top Account. The USPPI will not be able to get access to AESDirect or their ACE Export Reports. If you notice this issue, the forwarder or agent must call the ACE Account Service Desk at 1-866-530-4172, option 1, then option 2 to submit a service ticket to solve this issue. Existing ACE Importer Accounts Any company with an existing ACE Importer Account needs to add the exporter role to their account to get instant access to their export reports. No vetting would be required in this case. For further information or questions, please contact the U.S. Census Bureau’s Data Collection Branch. – Telephone:
(800) 549-0595, select option 1 for AES. – International Trade Management Division Website * * * * * * * * * * * * * * * * * * * *
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| * Implementation of the February 2016 Australia Group (AG) Intersessional Decisions and the June 2016 AG Plenary Understandings – AGENCY: DOC-BIS – STAGE: Final Rule – RECEIVED DATE: 11/09/2016 * * * * * * * * * * * * * * * * * * * * |
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7. Australia DECO Closed During Holiday Season, 23 Dec – 3 Jan Defence Export Controls (DEC) will be closed from 12pm (AEDT) Friday, 23 December 2016 to Tuesday, 3 January 2017 (inclusive) as part of the Defence-wide Christmas stand-down period. Please note that applications cannot be processed during this time. DEC will re-open on Wednesday, 4 January 2017. Applications received after Monday, 5 December 2017 may not be completed prior to the Christmas stand-down period and processing of these applications will recommence from 4 January 2017. * * * * * * * * * * * * * * * * * * * * |
NEWS |
8 . Reuters: “U.S. Arms Export Boom under Obama Seen Continuing with Trump” U.S. defense contractors, which saw international sales rise strongly under President Barack Obama’s administration, can expect a continued boom in arms exports under Donald Trump, aided by persistent security risks in the Middle East and rising tensions in Asia and Europe. Shares of major defense contractors, including Raytheon Co., Northrop Grumman Corp, and General Dynamics hit lifetime highs, on Wednesday as investors bet on higher Pentagon spending under Trump, who has vowed a massive build-up of the U.S. military even as he pledges to reduce foreign entanglements. While Trump has frequently made contradictory statements when it comes to foreign policy, he has repeatedly called on allies in Europe and East Asia to pay more for their own defense. Defense experts say that could benefit the domestic industry as Trump is expected to keep supporting the supply of U.S. arms exports to allies to help them build up their own defense capabilities. “From the U.S. side it would be us equipping them to do that,” said Roman Schweizer an analyst at Cowan & Co.
That would also fit with Trump’s plan to stimulate the domestic economy by boosting U.S. manufacturing jobs. A Trump administration will have “more openness to selling weapons to our allies and partners. It’s business friendly, it plays to the U.S. manufacturing base,” said Mark Cancian, senior adviser at the Center for Strategic and International Studies. U.S. arms exports, measured by production costs, grew 54 percent in 2015 from 2008, the year before President Barack Obama took office, according to the Stockholm International Peace Research Institute. That represents the highest growth for any administration since the Truman and Eisenhower presidencies following World War Two. The boom was fueled by consistent lobbying by the Obama administration for arms deals, its policy of arming and training proxy groups in conflicts, and by budget constraints at home that prompted arms makers to look abroad for sales. In 2015, the U.S. accounted for 36 percent of worlds arms exports, the Stockholm Institute’s data shows, followed by Russia at 12 percent. That marked an increase in the U.S. share from 28 percent in 2008. In fiscal 2015, U.S. arms sales to foreign governments exceeded $47 billion, up 36 percent from around $34 billion a year earlier, according to the Department of Defense. Saudi Arabia, Australia, Iraq, Korea and Taiwan — all considered U.S. allies — were the top five recipients of U.S. weapons in the year ended September 2015. GLOBAL CONFLICTS Trump has never spelled out how he would deploy additional manpower for the U.S. military, such as 60,000 more Army troops, as many as 10,000 more Marines, and dozens of new Navy ships and fighter jets. Independent cost estimates for his plan range from $150 billion to $900 billion in additional spending over 10 years, which could be achieved only by raising the federal budget deficit, raising taxes or making large cuts in spending programs such as healthcare benefits for older Americans. None of these is politically popular, and raising the deficit would face fierce resistance from the deficit-fighting Freedom Caucus wing of the Republican Party. Trump’s lack of national security credentials and scarce detail about his possible advisors also make it difficult to assess his impact on foreign policy. Nevertheless, analysts say his call for a stronger U.S. military against the backdrop of rising global conflicts, bodes well for strong revenues. “I think that foreign military sales would absolutely go up, or at the very least stay at its current level,” said Franklin Turner, co-leader of law firm McCarter English’s government contracts & export controls practice.
“I can’t imagine that the world becomes a less violent place.” Raytheon Co, the maker of Tomahawk missiles, said its international business will continue to grow regardless of the change of administration. During the 2008-2015 period, its international sales grew 55 percent to $7.15 billion. “Raytheon has been in business for over 90 years, over the time we have obviously worked with presidents from both parties,” Chief Financial Officer Toby O’Brien told Reuters in an interview. Lockheed Martin Corp, the Pentagon’s No.1 contractor known for its Hellfire missiles and F-35 fighter jets, increased international sales by 74 percent during Obama’s presidency to $9.5 billion in 2015. Boeing Co’s international defense sales rose 28 percent in the last five years to $9.4 billion in 2015, while Northrop Grumman Corp’s foreign sales grew 60 percent over the same period to $3.3 billion. There are two major ways foreign governments purchase arms from U.S. companies. Direct commercial sales, negotiated between a government and a company; and foreign military sales, where a foreign government typically contacts a Department of Defense official at the U.S. embassy in their capital. Both require approval by the U.S. government. Some major sales have been held up by members of Congress, who fear U.S. arms could be used to fuel foreign conflicts, quell popular unrest or facilitate human rights violations. Congress has oversight over major weapons sales, including those that are completely or partly financed by the U.S. government, and it is highly unusual for sales to go ahead if there are strong objections from lawmakers. “Congress has never been a rubber stamp on arms transfers. We exercise close oversight and will continue to do so under the next president,” said Representative Eliot Engel, the ranking Democrat on the House Foreign Affairs Committee. Daryl Kimball, executive director of the Arms Control Association in Washington, said the government and companies often are not “paying sufficient attention to the long-term impact of weaponizing key regions” while trying to sell to “win friends and allies.”
“When several warring states in a region are being amply supplied with new weapons, they are more tempted to use those weapons,” Kimball said. * * * * * * * * * * * * * * * * * * * *
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EX/IM TRAINING EVENTS & CONFERENCES |
9 . Friday List of Approaching Events (no publication Friday) * * * * * * * * * * * * * * * * * * * *
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| EDITOR’S NOTES |
10. Bartlett’s Unfamiliar Quotations (Source: Editor)
* Earl Shorris (1936 – 2012, was an American writer, college professor, and social critic.)
– “Power sits at another table.”
* Martin Luther (10 Nov 1483 – 18 Feb 1546, was a German professor of theology, composer, priest, monk, and a seminal figure in the Protestant Reformation.)
– “Let the wife make the husband glad to come home, and let him make her sorry to see him leave.” * Fyodor Dostoevsky (Fyodor Mikhailovich Dostoyevsky, 11 Nov 1821 – 9 Feb 1881), was a Russian novelist, short story writer, essayist, journalist and philosopher. His major works include Crime and Punishment, The Idiot, Demons, and The Brothers Karamazov.)
– “There is no subject so old that something new cannot be said about it.”
– “Deprived of meaningful work, men and women lose their reason for existence; they go stark, raving mad.”
Friday funnies, a day early:
Q: What did the Minnesotan say to the Pillsbury Doughboy?
A: “Nice tan!”
— Laverne Slabaugh, Uniontown, OH
Q: How do you get a professional musician off your porch?
A: Pay him for the pizza.
— Dennis McCarthy, Auburn, NY * * * * * * * * * * * * * * * * * * * *
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11. 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 * 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: 4 Nov 2016: 81 FR 76859-76861: Amendments to the Export Administration Regulations: Update of Arms Embargoes on Cote d’Ivoire, Liberia, Sri Lanka and Vietnam, and Recognition of India as Member of the Missile Technology Control Regime – Last Amendment: 4 Nov 2016: 81 FR 76861-76863: Amendments to OFAC Regulations To Remove the Former Liberian Regime of Charles Taylor Sanctions Regulations and References to Fax-on-Demand Service – Last Amendment: 15 May 2015; 80 FR 27853-27854: Foreign Trade Regulations (FTR): Reinstatement of Exemptions Related to Temporary Exports, Carnets, and Shipments Under a Temporary Import Bond – HTS codes that are not valid for AES are available here. – The latest edition (9 Mar 2016) of Bartlett’s Annotated FTR (“BAFTR”), by James E. Bartlett III, is available for downloading in Word format. The BAFTR contains all FTR amendments, FTR Letters and Notices, a large Index, and footnotes containing case annotations, practice tips, and Census/AES guidance. Subscribers receive revised copies every time the FTR is amended. The BAFTR is available by annual subscription from the Full Circle Compliance website. BITAR subscribers are entitled to a 25% discount on subscriptions to the BAFTR. Please contact us to receive your discount code. – HTS codes for AES are available here . – HTS codes that are not valid for AES are available here. – Latest Amendment: 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 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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