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16-1129 Tuesday “The Daily Bugle”

16-1129 Tuesday “Daily Bugle”

Tuesday, 29 November 2016

TOPThe 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

  1. Justice/ATF Seeks Comments on Form 3311.4, Application for Alternate Means of Identification of Firearm(s) (Marking Variance) 
  2. DHS/CBP Posts Customs Brokers User Fee Payment for 2017 
  3. DHS/CBP Seeks Comments on Form 3499, Application and Approval To Manipulate, Examine, Sample or Transfer Goods 
  4. DHS/CBP Seeks Comments on Foreign Assembler’s Declaration 
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. DHS/CBP Expands Online Payment Option for Commercial Truck User Fees 
  4. DoD/DSCA Posts SAMM and Policy Memoranda, Week 27 Nov – 3 Dec 
  5. State/DDTC: (No new postings.) 
  6. Australia DECO Updates Defence and Strategic Goods List Concerning International Regime Changes 
  1. ST&R Trade Report: “CBP Establishes New E-Commerce and Small Business Team”
  2. ST&R Trade Report: “Clarification on Export License Changes for Military Aircraft and Gas Turbine Engines”
  1. D.R. Johnson, D.J. Gerkin & R.D. Stalknaker: “DoD’s Planned Future Involvement in U.S. Export-Controls Compliance Raises Serious Questions for Contractors”
  2. Gary Stanley’s ECR Tip of the Day
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Changes: ATF (15 Jan 2016), Customs (28 Oct 2016), DOD/NISPOM (18 May 2016), EAR (25 Nov 2016), FACR/OFAC (4 Nov 2016), FTR (15 May 2015), HTSUS (30 Aug 2016), ITAR (21 Nov 2016)

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1. Justice/ATF Seeks Comments on Form 3311.4, Application for Alternate Means of Identification of Firearm(s) (Marking Variance)

(Source: Federal Register) [Excerpts.]
 
81 FR 86013-86014: Agency Information Collection Activities; Proposed eCollection eComments Requested; Application for Alternate Means of Identification of Firearm(s) (Marking Variance) (ATF Form 3311.4)
* AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.
* ACTION: 60-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.
* DATES: Comments are encouraged and will be accepted for 60 days until January 30, 2017.
* FOR FURTHER INFORMATION CONTACT: Mark Pawielski, Firearm & Ammunition Technology Division either by mail at 244 Needy Road, Martinsburg, WV 25405, by email at Mark.Pawielski@atf.gov, or by telephone at 304 616 4304.
* SUPPLEMENTARY INFORMATION: …
  – The Title of the Form/Collection: Application for Alternate Means of Identification of Firearm(s) (Marking Variance).
  – Form number (if applicable): ATF Form 3311.4.
  – Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. …
  – Abstract: The ATF Form 3311.4 provides a uniform mean for industry members with a valid Federal importer or manufacturer license, to request firearms marking variance. …
 
   Dated: November 22, 2016.
Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.

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EXIM_a2

2. DHS/CBP Customs Brokers Annual User Fee Payment Due Feb. 3, 2017

(Source: Federal Register)

Customs Brokers User Fee Payment for 2017
* AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.
* ACTION: General notice.
* SUMMARY: This document provides notice to customs brokers that the annual user fee of $138 that is assessed for each permit held by a broker, whether it may be an individual, partnership, association, or corporation, is due by February 3, 2017.
* DATES: Payment of the 2017 Customs Broker User Fee is due by February 3, 2017.
* FOR FURTHER INFORMATION CONTACT: Julia Peterson, Broker Management Branch, Office of Trade, (202) 863-6601.
* SUPPLEMENTARY INFORMATION: Pursuant to section 111.96 of title 19 of the Code of Federal Regulations (19 CFR 111.96(c)), U.S. Customs and Border Protection (CBP) assesses an annual user fee of $138 for each customs broker district and national permit held by an individual, partnership, association, or corporation. CBP regulations provide that this fee is payable for each calendar year in each broker district where the broker was issued a permit to do business by the due date. See 19 CFR 24.22(h) and (i)(9). Broker districts are defined in the General Notice entitled, “Geographic Boundaries of Customs Brokerage, Cartage and Lighterage Districts,” published in the Federal Register on March 15, 2000 (65 FR 14011), and corrected, with minor changes, on March 23, 2000 (65 FR 15686) and on April 6, 2000 (65 FR 18151).
   As required by 19 CFR 111.96, CBP must provide notice in the Federal Register no later than 60 days before the date that the payment is due for each broker permit. This document notifies customs brokers that for calendar year 2017, the due date for payment of the user fee is February 3, 2017. It is anticipated that for subsequent years, the annual user fee for customs brokers will be due on the last business day of January of each year.
 
   Dated: November 23, 2016.
Brenda B. Smith, Executive Assistant Commissioner, Office of Trade.

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EXIM_a3

3. DHS/CBP Seeks Comments on Form 3499, Application and Approval To Manipulate, Examine, Sample or Transfer Goods
(Source: Federal Register) [Excerpts.]
 
81 FR 85993: Agency Information Collection Activities: Application and Approval To Manipulate, Examine, Sample or Transfer Goods
* AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.
* ACTION: 30-Day notice and request for comments; extension of an existing collection of information. …
* DATES: Written comments should be received on or before December 29, 2016 to be assured of consideration. …
* FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Regulations and Rulings, Office of Trade, 90 K Street NE., 10th Floor, Washington, DC 20229-1177, or via email (CBP_PRA@cbp.dhs.gov). Please note contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs please contact the CBP National Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP Web site. For additional help, please go here.
* SUPPLEMENTARY INFORMATION: …
  – Title: Application and Approval to Manipulate, Examine, Sample or Transfer Goods.
  – OMB Number: 1651-0006.
  – Form Number: Form 3499.
  – Abstract: CBP Form 3499, “Application and Approval to Manipulate, Examine, Sample or Transfer Goods,” is used as an application to perform various operations on merchandise located at a CBP approved bonded facility. This form is filed by importers, consignees, transferees, or owners of merchandise, and is subject to approval by the port director. The data requested on this form identifies the merchandise for which action is being sought and specifies what operation is to be performed. This form may also be approved as a blanket application to manipulate goods for a period of up to one year for a continuous or repetitive manipulation. CBP Form 3499 is provided for by 19 CFR 19.8 and is accessible here.
 
   Dated: November 23, 2016.
Seth Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.

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EXIM_a4

4. DHS/CBP Seeks Comments on Foreign Assembler’s Declaration

(Source: Federal Register) [Excerpts.]
 
81 FR 85992: Agency Information Collection Activities: Foreign Assembler’s Declaration
* AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.
* ACTION: 30-Day notice and request for comments; extension of an existing collection of information. …
* DATES: Written comments should be received on or before December 29, 2016 to be assured of consideration. …
* FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Regulations and Rulings, Office of Trade, 90 K Street NE., 10th Floor, Washington, DC 20229-1177, or via email (CBP_PRA@cbp.dhs.gov). Please note contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs please contact the CBP National Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP Web site. For additional help, please go here.
* SUPPLEMENTARY INFORMATION: …
  – Title: Foreign Assembler’s Declaration (with Endorsement by
Importer).
  – OMB Number: 1651-0031.
  – Abstract: In accordance with 19 CFR 10.24, a Foreign Assembler’s Declaration must be made in connection with the entry of assembled articles under subheading 9802.00.80, Harmonized Tariff Schedule of the United States (HTSUS). This declaration includes information such as the quantity, value and description of the imported merchandise. The declaration is made by the person who performed the assembly operations abroad and it includes an endorsement by the importer. The Foreign Assembler’s Declaration is used by CBP to determine whether the operations performed are within the purview of subheading 9802.00.80, HTSUS and therefore eligible for preferential tariff treatment.
   19 CFR 10.24(c) and (d) require that the importer/assembler maintain records for 5 years from the date of the related entry and that they make these records readily available to CBP for audit, inspection, copying, and reproduction. Instructions for complying with this regulation are posted on the CBP.gov Web site.
 
   Dated: November 23, 2016.
Seth Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.

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OGSOTHER GOVERNMENT SOURCES

OGS_a15. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)

* Commerce; Industry and Security Bureau; NOTICES; Impact of the Implementation of the Chemical Weapons Convention on Legitimate Commercial Chemical, Biotechnology, and Pharmaceutical Activities Involving Schedule 1 Chemicals through Calendar Year 2016 [Publication Date: 30 November 2016.]

* U.S. Customs and Border Protection; NOTICES; Country of Origin Determinations: Computer Notebook Hard Disk Drives [Publication Date: 30 November 2016.]

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OGS_a37
. DHS/CBP Expands Online Payment Option for Commercial Truck User Fees

 
U.S. Customs and Border Protection announced today the nationwide expansion of a pilot program allowing commercial trucks to prepay the single-crossing user fee online prior to arrival at a port of entry. The pilot began in June at the Buffalo, Detroit and El Paso ports of entry and now expands to all commercial land border crossings.
 
  “Providing the trucking industry with an online payment option will ultimately decrease wait times and allow CBP officers to focus more closely on enforcement issues,” said Executive Assistant Commissioner, Office of Field Operations, Todd C. Owen. “The website and payment option is easy to use-it’s a win-win for truck carriers and CBP.”
 
Carriers or their agents will be able to make single-crossing user fee online payments through the Decal/Transponder Online Procurement System (DTOPS). The mobile-friendly DTOPS website design allows users to pay online using their smartphones. CBP is also developing a DTOPS app for smartphones.
 
Paying the single-crossing user fee online prior to arriving at the border reduces fuel consumption and wait times. Removing the cash/credit card payment process from primary inspection enables CBP officers to process vehicles faster and decreases carbon emissions associated with heavy traffic. Online payments also enable CBP port management to optimize resources to facilitate trade and ensure the security of international travelers.

The online payment option has been used more than 4,400 times since the pilot began, reducing transaction time by an estimated 30 seconds per transaction.
 
CBP requires all trucks crossing into the U.S. from Canada or Mexico to pay the user fee to offset border inspections costs.

To make a payment, users will set up an account in DTOPS, register their vehicle(s), select the single-crossing payment option and checkout using the secure online payment system. DTOPS will confirm payment by providing an electronic receipt. Single-crossing online payments are good until December 31 of the year purchased.
 
Cash and credit card payments will continue to be accepted at the border, but carriers who pay upon arrival may experience additional delays.
 
The DTOPS mobile site does not collect any information regarding the identity of an individual or an individual’s device. CBP remains committed to protecting the user’s privacy.

More information about commercial truck user fee online payments for single crossings and for annual transponder purchases is available at https://dtops.cbp.dhs.gov.

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OGS_a59. State/DDTC: (No new postings.)

(Source: State/DDTC)

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OGS_a610. Australia DECO Updates Defence and Strategic Goods List Concerning International Regime Changes

(Source: Australia DECO)
 
The Defence and Strategic Goods List (DSGL) has now been updated to reflect changes made by the international export control regimes: Wassenaar Arrangement; Nuclear Suppliers Group; Missile Technology Control Regime; Australia Group. DSGL updates generally occur annually. There were a total of 54 amendments in this update. Information on the changes can be found in the Explanatory Statement.
 
The DSGL Online tool has already been updated to reflect these changes.  

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NWSNEWS

 
U.S. Customs and Border Protection has established the E-Commerce and Small Business Branch within its Office of Trade to address the risks associated with an increase in e-commerce sales, which are expected to exceed $4 trillion worldwide by 2020. A CBP press release indicates that this office will be particularly focused on identifying inferior and unsafe goods and preventing them from entering global commerce, noting that the benefits afforded by online platforms also elevate the risk and opportunity for criminal trade.
 
As e-commerce sales spike amid the ongoing holiday shopping season, CBP is also warning consumers to beware of goods with prices that are too good to be true, websites that do not provide legitimate phones numbers or addresses, and sellers that do not have good customer feedback.
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NWS_a2
12. ST&R Trade Report: “Clarification on Export License Changes for Military Aircraft and Gas Turbine Engines”

 
The State Department’s Directorate of Defense Trade Controls has posted to its website guidance regarding licenses or authorizations for a “narrow range” of military aircraft and gas turbine engines that were previously subject to the Export Administration Regulations but will become subject to the International Traffic in Arms Regulations as of Dec. 31 under a DDTC final rule revising categories VIII and XIX of the USML.
 
DDTC states that with respect to the affected articles (which relate primarily to next-generation platforms and will be controlled principally in USML paragraphs VIII(h)(29) and XIX(f)(12)), effective Dec. 31 (a) any unshipped balance under a Department of Commerce authorization will be null and void and (b) the ITAR will regulate reexports or retransfers.
 
DDTC expects the scope of affected authorizations to be limited and will assist exporters in expeditiously obtaining appropriate authorizations under the ITAR. Exporters of the covered goods are encouraged to contact the Office of Defense Trade Controls Licensing through the DDTC Response Team at (202) 663-1282 or DDTCResponseTeam@state.gov as soon as possible to discuss specific transition impacts.

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COMMCOMMENTARY

COMM_a113. D.R. Johnson, D.J. Gerkin & R.D. Stalknaker: “DoD’s Planned Future Involvement in U.S. Export-Controls Compliance Raises Serious Questions for Contractors”

 
* Authors: David R. Johnson, Esq., drjohnson@velaw.com, 202-639-6706; Daniel J. Gerkin, Esq., dgerkin@velaw.com, 202-639-6654; and Ryan D. Stalnaker, Esq., rstalnaker@velaw.com, 202-639-6797. All of Vinson & Elkins LLP.
 
The U.S. Department of Defense (DoD) recently signaled its intention to increase its involvement in U.S. export-controls compliance by issuing the “Withholding of Unclassified Technical Data and Technology from Public Disclosure” proposed rule. See 81 Fed. Reg. 75352 (Oct. 31, 2016)
.
While the DoD Federal Acquisition Regulation Supplement (DFARS) has long imposed requirements for DoD contractors to comply with export-control laws and regulations, this proposed rule, if adopted in its current form, will create additional compliance concerns for contractors.

The proposed rule seeks to regulate DoD’s public release of unclassified export-controlled technical data and technology, and institute DoD-specific requirements for the transfer of such information to U.S. and Canadian contractors. These goals are admirable, particularly given the mishandling of such data by other agencies of the U.S. government in the past. However, the proposed rule also implements a certification protocol for contractors prior to their being authorized to receive export-controlled technical data or technology, and creates its own sanctions regime for disqualifying contractors that have allegedly violated U.S. export-control laws.
 
The proposed rule further states that it does not supplant or alter the underlying technical data and technology regulations set forth in the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR), respectively. While this technically may be true, the proposed rule would expand the risk to contractors that a violation of the U.S. export-control laws also could be construed as a violation of DoD regulations and could dramatically alter the disclosure calculus for contractors that have discovered possible violations of the ITAR and/or the EAR.
 
DoD’s Proposed Withholding of Technical Data and Technology
 
The proposed rule would establish DoD policy that the Secretary of Defense may withhold from public disclosure any technical data and technology with military or space application, if such technical data and technology may not be exported lawfully without a license or other export authorization. However, technical data and technology may not be withheld by DoD if existing export regulations authorize the export of the technical data and technology pursuant to a general unrestricted license or exemption.
 
The basis of this policy is the proposed rule’s determination that public disclosure of technical data and technology is the same as providing “uncontrolled foreign access” to the information, and that withholding such technical data and technology from public disclosure is necessary and in the national interest. To enforce this policy, export-controlled technical data and technology will only be provided to “qualified” contractors that have been certified by DoD.
 
To be considered “qualified,” contractors must certify to a need for the information to bid on, or perform, a contract with the DoD, or demonstrate some other “legitimate business purpose.” In addition, contractors are required to acknowledge their responsibilities under the U.S. export-control laws and that they will not disseminate any export-controlled technical data and technology in violation of applicable export-control laws. Contractors would also be required to certify that none of their employees or agents, with access to export-controlled technical data or technology, have violated U.S. export-control laws or a certification previously made to the DoD. As currently written, this certification is not limited in time, including by the applicable five-year statutes of limitations, a vagueness that may prove to be problematic for certifying contractors.
 
The certification process would require that contractors submit the following documentation: (i) a DD Form 2345, “Militarily Critical Technical Data Agreement“; (ii) proof that the contractor is a legitimate business entity; and (iii) a business-activity statement explaining the need for access to the technical data or technology. Submission of this documentation and adjudication of whether a contractor is qualified would be determined by the United States-Canada Joint Certification Office.
 
DoD’s Proposed Sanctions Regime
 
Of particular concern for contractors are provisions in the proposed rule providing for the temporary revocation, and subsequent disqualification, of their ability to receive export-controlled technical data or technology where DoD determines that a contractor may have committed a violation of the U.S. export-control laws. The proposed rule states, “[u]pon receipt of substantial and credible information that a qualified U.S. contractor has violated U.S. export control law; violated its certification; made a certification in bad faith; or omitted or misstated material fact, the DoD Component [FN/1] will temporarily revoke the U.S. contractor’s qualification.” Contractors would be afforded 20 working days to rebut the allegations during the temporary revocation period before DoD disqualifies them altogether. Compounding these concerns is the proposed rule’s requirement that affected DoD Components “must notify the appropriate law enforcement agency” of the alleged export violation(s).
 
This aspect of the proposed rule would make DoD an active participant in the enforcement of the U.S. export-control laws alongside the U.S. Department of State (ITAR) and the U.S. Department of Commerce (EAR).
 
Issues to Consider
 
While DoD’s proposed rule is still in the formative stages, it signals DoD’s intention to implement its own internal export-control regime which will run concurrent to, and potentially overlap with, the ITAR and EAR. This add-on to the existing regulatory framework poses many questions and potential concerns for contractors that are regularly involved in export activities.
 
First, it is unclear how DoD will define and evaluate the “substantial and credible information” that could lead to a contractor’s temporary revocation and disqualification. Notwithstanding that the Federal Acquisition Regulation (FAR) and the DFARS use both “credible evidence” and “credible information” in certain compliance-related contexts, it is unclear what this new standard, in this new context would mean. Will this vague definition be interpreted to include mere allegations of misconduct? Second, the ITAR and EAR regimes are premised on a policy of encouraging voluntary disclosures and for contractors to take proactive corrective actions. It remains to be seen whether this DoD policy will conflict with and have a chilling effect on the willingness of contractors to voluntarily disclose potential U.S. export-control violations. For example, will a voluntary disclosure to the relevant administrative agency trigger automatic revocation of a contractor’s right to receive technical data or technology from DoD for an ongoing contract or bid? Also, if those agencies are already engaged in an investigation of possible violations, will DoD defer to these investigations, or engage in its own potentially contradictory investigation? Lastly, to the extent revocation is predicated on mere allegations of misconduct, the proposed rule would appear to halt a contractor’s work on a contract during the 20-working-day appeal period. Contractors would need to be aware of, and factor in, this new risk.
 
DoD is currently receiving comments on the proposed rule through December 30, 2016. Following the comment period, additional changes may be made to the proposed rule before DoD issues a final rule. We will continue to monitor this potential regulation as the rulemaking process progresses.
 
————–
  [FN/1] The term “DoD Component” refers to various organizational entities within the DoD, including contractors and grantees.

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COMM_a2
14. 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
 
License applications may be held without action only in the limited circumstances described in EAR § 750.4(b). Encryption review requests may be placed on hold without action status as provided in EAR § 740.17(d)(2) and §742.15(b)(2).

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ENEDITOR’S NOTES

EN_a115. Bartlett’s Unfamiliar Quotations

(Source: Editor)

* John Ray (29 Nov 1627 – 17 Jan 1705, was an English naturalist widely regarded as one of the earliest of the English parson-naturalists.
  – “Beauty is power; a smile is its sword.”
              
* Louisa May Alcott (29 Nov 1832 – 6 Mar 1888, was an American novelist and poet best known as the author of the novel Little Women, and its sequels Little Men, and Jo’s Boys.)
  – “He who believes is strong; he who doubts is weak. Strong convictions precede great actions.” 

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EN_a216. Are Your Copies of Regulations Up to Date?
(Source: Editor)

The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register.  Changes to applicable regulations are listed below.
 
*
ATF ARMS IMPORT REGULATIONS
: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War
  – Last Amendment:
15 Jan 2016: 81 FR 2657-2723: Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect To Making or Transferring a Firearm
 
*
CUSTOMS REGULATIONS
: 19 CFR, Ch. 1, Pts. 0-199
  – Last Amendment:
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: 25 Nov 2016: 81 FR 85138-85147: Commerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls 

  
*
FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR)
: 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders
  – 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 
 
*
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 (15 Nov 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. 
 
*
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
  – Latest Amendment: 21 Nov 2016 (effective 31 Dec 2016): 81 FR 83126-83135: Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Categories VIII and XIX
  – The only available fully updated copy (latest edition 21 Nov 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 on 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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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 8,000 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.

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