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| | - Justice/ATF Seeks Comments on Form F 10, Application for Registration of Firearms Acquired by Certain Government Entities
| | | - Ex/Im Items Scheduled for Publication in Future Federal Register Editions
- Commerce/BIS: (No new postings.)
- DHS/ICE: “US Air Force Member Charged with Selling Military Night Vision Equipment”
- DoD/DSCA Posts SAMM and Policy Memoranda, Week 4-10 Dec
- DoD/DSS Posts USD(I) Memorandum
- State/DDTC: (No new postings.)
- Presidential Posts Determination and Waiver Concerning Support of U.S. Special Operations to Combat Terrorism in Syria
- EU Amends Restrictive Measures Concerning North Korea
| | | - India Express: “India, US Finalize Major Defense Partner Agreement”
- International Business Times: “Obama Waives Restrictions on Military Support to Foreign Forces ‘to Combat Terrorism in Syria'”
- ST&R Trade Report: “Dates and Deadlines: MTB, ACE, Export Regulations, Classification, China”
| | | - Friday List of Approaching Events
| | | - Bartlett’s Unfamiliar Quotations
- Are Your Copies of Regulations Up to Date? Latest Changes: ATF (15 Jan 2016), Customs (28 Oct 2016), DOD/NISPOM (18 May 2016), EAR (5 Dec 2016), FACR/OFAC (4 Nov 2016), FTR (15 May 2015), HTSUS (30 Aug 2016), ITAR (5 Dec 2016)
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EX/IM ITEMS FROM TODAY’S FEDERAL REGISTER |
1. Justice/ATF Seeks Comments on Form F 10, Application for Registration of Firearms Acquired by Certain Government Entities (Source: Federal Register) [Excerpts.] 81 FR 89149: Agency Information Collection Activities; Proposed eCollection eComments Requested; Application for Registration of Firearms Acquired by Certain Government Entities; ATF F 10 (5320.10) * AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice. * ACTION: 60-day notice. … * DATES: Comments are encouraged and will be accepted for 60 days until February 7, 2017. * FOR FURTHER INFORMATION CONTACT: Gary Schaible, Office of Enforcement Programs and Services, National Firearms Act Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) either by mail at 99 New York Ave. NE., Washington, DC 20226, by email at nfaombcomments@atf.gov, or by telephone at 202 648-7165. * SUPPLEMENTARY INFORMATION: … – The Title of the Form/Collection: Application for Registration of Firearms Acquired by Certain Government Entities – Form number (if applicable): ATF F 10 (5320.10). – Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. – Abstract: The ATF Form 10 (5320.10) is used to allow State and local government agencies to register otherwise unregistrable National Firearms Act (NFA). The NFA requires the registration of certain firearms under Federal Law. The Form 10 registration, which is for official use only by the agency, allows State and local agencies to retain and use firearms which otherwise would have to be destroyed and comply with the NFA. … 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: December 5, 2016. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice. * * * * * * * * * * * * * * * * * * * *
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OTHER GOVERNMENT SOURCES |
2. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register) * U.S. Customs and Border Protection; RULES; Electronic Notice of Liquidation [Publication Date: 12 December 2016.] * U.S. Customs and Border Protection; NOTICES; Automated Commercial Environments: Sole CBP-Authorized Electronic Data Interchange System for Processing Electronic Drawback and Duty Deferral Entry and Entry Summary Filings [Publication Date: 12 December 2016.] * U.S. Customs and Border Protection; NOTICES; National Customs Automation Program Tests [Publication Date: 12 December 2016.]:
– Post-Summary Corrections and Periodic Monthly Statements; Modifications and Clarifications
– Reconciliation and Transition of Test from Automated Commercial System to Automated Commercial Environment; Modifications * * * * * * * * * * * * * * * * * * * *
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4. DHS/ICE: “US Air Force Member Charged with Selling Military Night Vision Equipment” (Source: DHS/ICE) [Excerpts.] A U.S. Air Force service member was arrested on Nov. 29 on federal charges for his alleged role in selling thousands of dollars in military equipment. … Zachary Sizemore, 24, an active-duty service member of the U.S. Air Force, was arrested on the Wright-Patterson Air Force Base in Dayton, Ohio, where he is stationed. Sizemore is charged with theft and sale without authority of night-vision devices and components stolen from the Air Force. “As an active duty member of the United States Air Force, Sizemore allegedly broke the sacred military oath of protecting this nation when he stole and sold high-tech military technology on the internet,” said Angel M. Melendez, special agent in charge of HSI New York. “This night vision equipment is highly advanced, giving our military a much deserved edge on today’s battlefield. HSI is committed to making sure this technology does not fall into the wrong hands.” Our military’s night vision technology is among the most advanced in the world. As alleged, the defendant made stolen, military-issued, night vision devices available on the internet to anyone with the means to purchase them. Such technology gives our soldiers a critical advantage on the battlefield. Stealing that technology and selling it to the highest bidder puts our soldiers at risk,” said Robert L. Capers, U.S. Attorney for the Eastern District of New York. “We will continue to use all of the law enforcement tools at our disposal to help protect our soldiers abroad. Night vision devices acquired by the United States military, such as the items allegedly stolen and sold by the defendant, contain components made to military specifications. They are required by the military to be rendered useless for their intended purpose prior to leaving government control. United States military policies prohibit the private sale of fully functional military-issued night vision equipment. According to the complaint, between July 2013 and November 2016, Sizemore sold or attempted to sell at least three night vision devices that were stolen from the United States military, including an AN/PVS-7D night vision goggle and two mini-thermal monocular devices. In addition, he created online postings for, and sold or attempted to sell, approximately 45 items described as night vision equipment or thermal equipment. Of those postings, Sizemore sold at least 38 such items for approximately $50,000. . . . . If convicted, the defendant faces up to 10 years in prison, forfeiture, and a fine of up to $250,000. * * * * * * * * * * * * * * * * * * * *
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5. DoD/DSCA Posts SAMM and Policy Memoranda, Week 4-10 Dec – This memo updates Chapter 4, Section 3.5 of the Security Assistance Management Manual (SAMM) to provide relevant unclassified information identifying categories of defense articles that are most likely to be on the FMS-Only List. * * * * * * * * * * * * * * * * * * * *
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6 . DoD/DSS Posts USD(I) Memorandum On Dec. 7, 2016, the Office of the Undersecretary of Defense for Intelligence signed a memorandum reminding DoD Components that personnel security clearances do not expire. Individuals with current eligibility in JPAS should not be denied access based on an out-of-scope investigation. When the system of record shows current adverse information, but eligibility is still valid, access may continue. The memorandum is provided here for your ease of reference. * * * * * * * * * * * * * * * * * * * *
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7. State/DDTC: (No new postings.) * * * * * * * * * * * * * * * * * * * *
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8 . Presidential Posts Determination and Waiver Concerning Support of U.S. Special Operations to Combat Terrorism in Syria
(Source: White House) MEMORANDUM FOR THE SECRETARY OF STATE, THE SECRETARY OF DEFENSE SUBJECT: Presidential Determination and Waiver Pursuant to Section 2249a of Title 10, United States Code, and Sections 40 and 40A of the Arms Export Control Act to Support U.S. Special Operations to Combat Terrorism in Syria By the authority vested in me as President by the Constitution and the laws of the United States, including section 2249a of title 10, United States Code, sections 40 and 40A of the Arms Export Control Act (AECA) (22 U.S.C. 2780 and 2781), and section 301 of title 3, United States Code, I hereby: – determine that the transaction, encompassing the provision of defense articles and services to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing U.S. military operations to counter terrorism in Syria, is essential to the national security interests of the United States; – waive the prohibitions in sections 40 and 40A of the AECA related to such a transaction; – delegate to the Secretary of State the responsibility under section 40(g)(2) of the AECA to consult with and submit reports to the Congress for proposed exports, 15 days prior to authorizing them to proceed, that are necessary for and within the scope of this waiver determination and the transaction referred to herein; – waive the prohibitions in section 2249a of title 10, United States Code, to the extent necessary to allow the Department of Defense to carry out such support; and – delegate to the Secretary of Defense the responsibility under section 2249a(b)(2) of title 10, United States Code, to notify the appropriate congressional committees at least 15 days before this waiver takes effect. The Secretary of Defense is authorized and directed to publish this determination in the Federal Register. BARACK OBAMA * * * * * * * * * * * * * * * * * * * *
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9. EU Amends Restrictive Measures Concerning North Korea Regulations: – Commission Implementing Regulation (EU) 2016/2215 of 8 December 2016 amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea Decisions: – Council Decision (CFSP) 2016/2217 of 8 December 2016 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea * * * * * * * * * * * * * * * * * * * *
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NEWS |
10 . India Express: “India, US Finalize Major Defense Partner Agreement” Defense Minister Manohar Parrikar and United States Secretary of Defense Ashton Carter Thursday finalized India’s designation as a Major Defense Partner of the United States. This was announced in the India-US joint statement on Carter’s visit to New Delhi. The designation as a Major Defense Partner, the joint statement noted, is a status unique to India and institutionalizes the progress made to facilitate defense trade and technology-sharing with India to a level at par with that of the United States’ closest allies and partners, and ensures enduring cooperation into the future. During Prime Minister Narendra Modi‘s trip to Washington in June, the United States said it recognized India as a Major Defense Partner. The joint statement issued then had acknowledged the US-India defense relationship as a possible “anchor of stability”, with the United States saying it will “continue to work toward facilitating technology sharing with India to a level commensurate with that of its closest allies and partners”. Parrikar had given a non-paper to Carter during his visit to Pentagon in August, following which the two sides had negotiated the exact contours of this designation. There were differences between the two sides about the level of technology transfer and cooperation permissible under the Major Defense Partner status. India was seeking benefits granted to the closest allies of the US, such as Australia and the UK which the Pentagon was hesitant to concede. On Thursday, the two sides did not specify details of the benefits that will accrue to India under the designation. India’s Major Defense Partner status has, however, been made a part of the India Amendment in the National Defense Authorization Act, 2017 (NDAA), approved by the US Congress to allocate funds annually to the US military. This Bill is expected to be passed shortly which will put a formal, official stamp on India’s status. Under the India Amendment in the NDAA 2017, the US government will, consistent with its conventional arms transfer policy, inform the review of requests to export defense articles, defense services, or related technology to India under the Arms Export Control Act, and inform any regulatory and policy adjustments that may be appropriate. Besides recognizing India’s status as a Major Defense Partner, the India Amendment will designate an American official to ensure the success of the Framework for the United States-India Defense Relationship which was signed last year, to approve and facilitate the transfer of advanced technology, and to strengthen the effectiveness of the US-India Defense Trade and Technology Initiative and the durability of the India Rapid Reaction Cell in Pentagon. While the Obama administration had committed to each of these actions, there were concerns that the incoming Trump administration could do away with these India-specific provisions. New Delhi had, therefore, been insisting on some institutional mechanisms to safeguard the gains made over the past two years. The passage of the India Amendment will make it obligatory for the Trump administration to adhere to these commitments. Carter’s farewell visit to India is his seventh interaction with Parrikar, and the two sides “applauded the deepened scope of India-US military-to-military ties, which includes a dramatic increase in defense trade”. * * * * * * * * * * * * * * * * * * * *
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11. International Business Times: “Obama Waives Restrictions on Military Support to Foreign Forces ‘to Combat Terrorism in Syria'” The White House on Thursday (8 December) announced a new waiver order by President Barack Obama that would lift restrictions on military support for foreign forces and others in Syria if considered “essential to the national security interests of the United States”. The changes, which would allow “foreign forces, irregular forces, groups, or individuals” fighting for the interests of the US to be able to access military assistance, were pursuant to the four-decades-old Arms Export Control Act. “I hereby determine that the transaction, encompassing the provision of defense articles and services to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing US military operations to counter terrorism in Syria, is essential to the national security interests of the United States,” Obama stated in the presidential determination. According to the document, responsibility for the same will be delegated to the US secretary of state to work with and report to Congress on weapons export proposals. It would require 15 days of notice before they are authorized. This is not the first time that the president has made amendments to the Arms Export Control Act in regards to Syria. A similar determination was announced in September 2013 following the Ghouta chemical attack in August of the same year. The waiver allowed for distribution of US military weaponry to “select vetted members” of opposition forces fighting against Syrian President Bashar al-Assad. However, in comparison to the one in 2013, the recent order has a broader scope and could be interpreted in multiple ways based on what group the US identifies as a terrorist threat. * * * * * * * * * * * * * * * * * * * * |
12. ST&R Trade Report: “Dates and Deadlines: MTB, ACE, Export Regulations, Classification, China” Following are highlights of regulatory effective dates and deadlines and federal agency meetings coming up in the next week. – Dec 12: deadline for submission of miscellaneous trade bill petitions to ITC – Dec 12: deadline for requests for judicial review of CBP determination on country of origin of treadmills – Dec 16: deadline for comments to ITC on trends in services trade * * * * * * * * * * * * * * * * * * * *
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EX/IM TRAINING EVENTS & CONFERENCES |
13 . Friday List of Approaching Events * Mar 20-23: Singapore; “United States Export Control (EAR/OFAC/ITAR) (for Asia-Pacific and other non-US Companies);” ECTI; jessica@learnexportcompliance.com; 540-433-3977 * * * * * * * * * * * * * * * * * * * *
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| EDITOR’S NOTES |
14. Bartlett’s Unfamiliar Quotations (Source: Editor)
* Tré Cool (Frank Edwin Wright III, born December 9, 1972, is a German-born American drummer, best known as the drummer for the American punk rock band, Green Day.)
– “I’m the greatest rock and roll drummer on the planet and you suck.”
* John Milton (9 Dec 1608 – 8 Nov 1674, was an English poet, polemicist, man of letters, and civil servant under Oliver Cromwell. He wrote at a time of religious flux and political upheaval, and is best known for his epic poem, Paradise Lost.)
– “Gratitude bestows reverence, allowing us to encounter everyday epiphanies, those transcendent moments of awe that change forever how we experience life and the world.”
Friday funnies:
Medicine and law are the only professions in which one gets paid for “practicing.”
— Richard Rolofson, Hastings, NE
The Secretary of Defense hurries to catch up to the president before a news conference. He says, “Mr. President, I have good news! We have just been promised 500 Brazillian troops to help with the war effort.” The President says “Excellent, excellent,” then motions to his aide to come closer and whispers, “Remind me again: how many is a brazillian?”
— Samantha VanLeeuwen, New Castle, FL * * * * * * * * * * * * * * * * * * * *
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15. 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: 5 Dec 2016: 81 FR 87426-87427: Amendment to the Export Administration Regulations: Removal of Semiconductor Manufacturing International Corporation From the List of Validated End-Users in the People’s Republic of China (effective 5 Dec 2016); and 81 FR 87424-87426: Amendment to the Export Administration Regulations: Removal of Special Iraq Reconstruction License (effective 4 Jan 2017) – 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 (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. – Last change per Presidential Proclamation: 81 FR 87401-87407 (Dec. 2, 2016): Proclamation 9549 of 1 Dec 2016.
– HTS codes for AES are available here . – HTS codes that are not valid for AES are available here. – Latest Amendment: 5 Dec 2016 (effective 5 Dec 2016): 81 FR 87427-87430: Corrections & Additions to ITAR Parts 120, 121, 122, 124, 126 and 127
– The only available fully updated copy (latest edition 9 Dec 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 2016, plus a large Index, 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 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.
* 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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