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16-1216 Friday “The Daily Bugle”

16-1216 Friday “Daily Bugle”

Friday, 16 December 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. Commerce/BIS Amends EAR, Implementation of the February 2016 AG Intersessional Decisions and the June 2016 AG Plenary Understandings 
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. DoD/DSCA Posts SAMM and Policy Memoranda, Week 11-17 Dec 
  4. Justice: “Singapore Man Pleads Guilty to Plot Involving Illegal Exports of Radio Frequency Modules From the U.S. To Iran” 
  5. State/DDTC: (No new postings.) 
  6. EU Amends for the 257th Time Restrictive Measures Concerning ISIL and Al-Qaida 
  1. Military Times: “Iran Sanctions Renewal Becomes Law without Obama Signature”
  2. ST&R Trade Report: “Dates and Deadlines: Wildlife Trade, Duty Evasion, Import Restrictions, FTZs”
  3. ST&R Trade Report: “Export Controls on Chemicals and Biological Agents Updated”
  1. R.C. Burns: “Sanctions Paranoia Strikes Again: YouTube Shutters Nork Channel”
  1. Friday List of Approaching Events
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Changes: ATF (15 Jan 2016), Customs (12 Dec 2016), DOD/NISPOM (18 May 2016), EAR (16 Dec 2016), FACR/OFAC (4 Nov 2016), FTR (15 May 2015), HTSUS (30 Aug 2016), ITAR (5 Dec 2016)

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1. Commerce/BIS Amends EAR, Implementation of the February 2016 AG Intersessional Decisions and the June 2016 AG Plenary Understandings
(Source: Federal Register) [Excerpts.]
 
81 FR 90983-90987: Implementation of the February 2016 Australia Group (AG) Intersessional Decisions and the June 2016 AG Plenary Understandings
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Final rule.
* SUMMARY: The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to implement the recommendations presented at the February 2016 Australia Group (AG) Intersessional Implementation Meeting, and later adopted pursuant to the AG silent approval procedure, and the understandings reached at the June 2016 AG Plenary Implementation Meeting. This rule amends two Commerce Control List (CCL) entries to reflect the February 2016 Intersessional Implementation Meeting recommendations that were adopted by the AG. Specifically, this rule amends the CCL entry that controls certain human and zoonotic pathogens and toxins to reflect the AG updates to the nomenclature for certain bacteria and toxins identified on the AG “List of Human and Animal Pathogens and Toxins for Export Control.” In addition, this rule amends the CCL entry that controls equipment capable of handling biological materials to reflect the AG updates to the controls on cross (tangential) flow filtration equipment described on the AG “Control List of Dual-Use Biological Equipment and Related Technology and Software.”
   Consistent with the understandings adopted at the June 2016 AG Plenary Implementation Meeting that updated the AG “List of Human and Animal Pathogens and Toxins for Export Control,” this rule amends the CCL entry that controls certain human and zoonotic pathogens and toxins by removing dengue fever virus, updating the nomenclature of the listing for conotoxin, and consolidating the controls for Shiga toxin and Verotoxin (and other Shiga-like ribosome inactivating proteins) under a single listing. This rule also amends the CCL entry that controls equipment capable of handling biological materials by updating the controls on biological containment facilities and related equipment and the controls on fermenters, consistent with the AG Plenary Implementation Meeting updates to the AG “Control List of Dual-Use Biological Equipment and Related Technology and Software.”
* DATES: This rule is effective December 16, 2016.
* FOR FURTHER INFORMATION CONTACT: Richard P. Duncan, Ph.D., Director, Chemical and Biological Controls Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, Telephone: (202) 482-3343, Email: Richard.Duncan@bis.doc.gov.
* SUPPLEMENTARY INFORMATION: …
   This final rule amends Export Control Classification Number (ECCN) 1C351 on the CCL to update the nomenclature for two bacteria and five toxins, consistent with the AG Intersessional Implementation Meeting updates to the AG “List of Human and Animal Pathogens and Toxins for Export Control.” …
   The license requirements applicable to the bacteria and toxins affected by these amendments to ECCN 1C351 remain unchanged. …
   This final rule amends ECCN 2B352 on the CCL to reflect changes to the AG “Control List of Dual-Use Biological Equipment and Related Technology and Software” based on the February 2016 Intersessional Implementation Meeting recommendations that were adopted by the AG pursuant to its silent approval procedure. Specifically, this rule amends the controls on cross (tangential) flow filtration equipment described in 2B352.d.1 by removing the word “pathogenic” from the description of this equipment. This change is made because there is no distinction, with respect to either the technical characteristics or the use of this equipment, between pathogenic and non-pathogenic micro-organisms.
   This rule also amends ECCN 2B352, consistent with the AG intersessional recommendations, by revising the Nota Bene to 2B352.d.1 to clarify that the exclusion from the controls on cross (tangential) flow filtration equipment listed in 2B352.d.1 applies to hemodialysis equipment, as specified by the manufacturer, as well as reverse osmosis equipment (i.e., both hemodialysis equipment and reverse osmosis equipment, as specified by the manufacturer, are excluded from control under ECCN 2B252.d.1). …
   Dated: December 7, 2016.
Kevin J. Wolf, Assistant Secretary for Export Administration.

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

OGSOTHER GOVERNMENT SOURCES

OGS_a12. 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: 19 December 2016.]

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

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

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

OGS_a4
5. Justice: “Singapore Man Pleads Guilty to Plot Involving Illegal Exports of Radio Frequency Modules From the U.S. To Iran”

(Source: Justice) [Excerpts.] 
 
Lim Yong Nam, aka Steven Lim, 42, a citizen of Singapore, pleaded guilty today to a federal charge stemming from his role in a conspiracy that allegedly caused thousands of radio frequency modules to be illegally exported from the U.S. to Iran. At least 16 of the components were later found in unexploded improvised explosive devices (IEDs) in Iraq. …
 
Lim was extradited earlier this year from Indonesia, where he had been detained since October 2014 in connection with the U.S. request for extradition. He pleaded guilty to a charge of conspiracy to defraud the U.S. by dishonest means. The charge carries a statutory maximum of five years in prison and potential financial penalties. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors. Under federal sentencing guidelines, the parties have agreed that Lim faces a range of 46 to 57 months in prison and a fine of up to $100,000. Lim remains in custody pending his sentencing, which was scheduled for XX before the Honorable Emmet G. Sullivan.
 
Lim and others were indicted in the District of Columbia in June of 2010 on charges involving the shipment of radio frequency modules made by a Minnesota-based company. The modules have several commercial applications, including in wireless local area networks connecting printers and computers in office settings. These modules include encryption capabilities and have a range allowing them to transmit data wirelessly as far as 40 miles when configured with a high-gain antenna. These same modules also have potentially lethal applications. Notably, during 2008 and 2009, coalition forces in Iraq recovered numerous modules made by the Minnesota firm that had been utilized as part of the remote detonation system for IEDs. According to the plea documents filed today, between 2001 and 2007, IEDs were the major source of American combat casualties in Iraq.
 
In his guilty plea, Lim admitted that between August 2007 and February 2008, he and others caused 6,000 modules to be purchased and illegally exported from the Minnesota-based company through Singapore, and later to Iran, in five shipments, knowing that the export of U.S.-origin goods to Iran was a violation of U.S. law. In each transaction, Lim and others made misrepresentations and false statements to the Minnesota firm that Singapore was the final destination of the goods. At no point in the series of transactions did Lim or any of his co-conspirators inform the company that the modules were destined for Iran. Similarly, according to the statement of offense, Lim and others caused false documents to be filed with the U.S. government, in which they claimed that Singapore was the ultimate destination of the modules. Lim and his co-conspirators were directly aware of the restrictions on sending U.S.-origin goods to Iran.
 
Shortly after the modules arrived in Singapore, they were kept in storage at a freight forwarding company until being aggregated with other electronic components and shipped to Iran. There is no indication that Lim or any of his co-conspirators ever took physical possession of these modules before they reached Iran or that they were incorporated into another product before being re-exported to Iran.
 
According to the statement of offense, 14 of the 6,000 modules the defendants routed from Minnesota to Iran were later recovered in Iraq, where the modules were being used as part of IED remote detonation systems. …

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OGS_a5
6. State/DDTC: (No new postings.)
(Source: State/DDTC)
* * * * * * * * * * * * * * * * * * * *

OGS_a6
7. EU Amends for the 257th Time Restrictive Measures Concerning ISIL and Al-Qaida
 
Regulations:
  – Commission Implementing Regulation (EU) 2016/2262 of 15 December 2016 amending for the 257th 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
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NWSNEWS

NWS_a18
. Military Times: “Iran Sanctions Renewal Becomes Law without Obama Signature”

 
In an unexpected reversal, President Barack Obama declined to sign a renewal of sanctions against Iran but let it become law anyway, in an apparent bid to alleviate Tehran’s concerns that the U.S. is backsliding on the nuclear deal.
 
Although the White House had said that Obama was expected to sign the 10-year-renewal, the midnight deadline came and went Thursday with no approval from the president. Instead, he opted to let it become law without his signature – a rare move that Obama has never used before.
 
White House spokesman Josh Earnest said the president’s decision was intended to send a direct message to lawmakers who passed the sanctions renewal over his objections.
 
  “If Congress does blow up the deal that prevents Iran from getting a nuclear weapon, they’re going to have to deal with the consequences, and the consequences are grave,” Earnest said. He emphasized that the Obama administration can and will continue to waive the sanctions that were lifted as part of the nuclear deal.
 
Under the Constitution, the president has 10 days after Congress passes a bill to sign it, veto it or do nothing. If Congress has adjourned, failing to sign it is a “pocket veto” that prevents the bill from becoming law. But if Congress is still in session, the bill becomes law with no signature. Although lawmakers have returned home for the holidays, Congress technically is still in session and holding “pro-forma” sessions this week.
 
Though Obama’s move doesn’t prevent the sanctions renewal from taking effect, it marked a symbolic attempt to distance the president from lawmakers’ fresh slap at Tehran. The White House has argued that the renewal is unnecessary because the administration retains other authorities to punish Iran, if necessary, and has expressed concern that the renewal may undermine the nuclear deal. …
 
  “Extension of the Iran Sanctions Act does not affect in any way the scope of the sanctions relief Iran is receiving under the deal or the ability of companies to do business in Iran consistent with the JCPOA,” Kerry said, using an acronym for the nuclear deal.
 
President-elect Donald Trump has been sharply critical of the nuclear deal and has threatened to try to renegotiate it, and Israel’s prime minister has said he plans to lobby Trump to undo the deal. Republican supporters of the sanctions had argued that renewing them would ensure that Trump would have the authority to reinstate penalties that Obama eased.
 
Under the nuclear deal, the U.S. and world powers suspended sweeping oil, trade and other financial sanctions that had devastated Iran’s economy. In exchange, Tehran agreed to roll back its nuclear program, though the deal’s critics say the agreement is flawed because it didn’t halt all Iranian activity and because key restrictions eventually expire.

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NWS_a2
9. ST&R Trade Report: “Dates and Deadlines: Wildlife Trade, Duty Evasion, Import Restrictions, FTZs”

 
Following are highlights of regulatory effective dates and deadlines and federal agency meetings coming up in the next week.
 
  – Dec 19: deadline for comments on new, expanded FTZ subzones
  – Dec 19: deadline for comments to EPA on chemical export notification
  – Dec 19: deadline for comments to ITC on potential exclusion order on air mattresses
  – Dec 20: deadline for comments to CBP on procedures for investigating AD/CV duty evasion
  – Dec 22: deadline for comments to ITC on potential IPR import restrictions on liquid crystal ewriters

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

NWS_a3
10. ST&R Trade Report: “Export Controls on Chemicals and Biological Agents Updated”
 
The Bureau of Industry and Security has issued a final rule that, effective Dec. 16, makes the following changes to the Export Administration Regulations to reflect decisions by the Australia Group. The AG is a forum of 41 countries that maintain export controls on a list of chemicals, biological agents, and related equipment and technology that could be used in a chemical or biological weapons program.
 
Export Control Classification Number 1C351, which controls certain human and zoonotic pathogens and toxins, is amended to (1) update the nomenclature for two bacteria and five toxins, (2) remove the listing for dengue fever virus, (3) update the nomenclature of the listing for conotoxin, and (4) consolidate the controls for shiga toxin and verotoxin (and other shiga-like ribosome inactivating proteins) under a single listing.
 
ECCN 2B352, which controls equipment capable of handling biological materials, is amended to (1) revise the controls on cross (tangential) flow filtration equipment described in 2B352.d.1, (2) clarify that the exclusion from the controls on such equipment applies to hemodialysis equipment, as specified by the manufacturer, as well as reverse osmosis equipment, and (3) update the controls on biological containment facilities and related equipment and the controls on fermenters.
 
BIS states that these changes only marginally affect the scope of the export controls on human and animal pathogens/toxins and equipment capable of use in handling biological materials.
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COMMCOMMENTARY

COMM_a1
11. R.C. Burns: “Sanctions Paranoia Strikes Again: YouTube Shutters Nork Channel”
(Source:
Export Law Blog
. Reprinted by permission.)
 
* Author: R. Clifton Burns, Esq., Bryan Cave LLP, Wash DC,
Clif.Burns@bryancave.com
, 202-508-6067)
 
The Washington Post reports that YouTube has removed Korean Central Television’s channel, fearing that it needed to do so to avoid breaching U.S. sanctions on North Korea. The removed channel was a Nork propaganda outlet that broadcast both unintentional comedies, such as outings by the super-sized dictator, Kim Jong Un, as well as Nork fake news broadcasts. Researchers and Nork watchers found the channel to be an invaluable resource in keeping track of what is going on North Korea, even if much of these broadcasts needed to be taken not with a grain of salt but with an entire salt mine.
 
Although Google is mum about why the channel was killed, the Post quotes a supposed explanation from somebody named Josh Stanton, a blogger who appears to work for the U.S. government in his spare time.  Josh said that the reason was “YouTube and Google probably realized there was a problem with money changing hands.” Er, no, Josh.
 
The issue with respect to the Nork YouTube channel arises from Executive Order 13722, issued in March 2016, which prohibits exports of services to North Korea. Before that there were restrictions enforced by BIS, on exports of goods to North Korea, and restrictions enforced by OFAC, on dealing with blocked North Koreans. Providing distribution of Korean Central Television’s broadcasts over YouTube would clearly be the export of a service to North Korea in violation of Executive Order 13722.
 
But, and this is a big but, there is the information exception, enacted by the Berman amendment and ignored by Mr. Stanton and the Washington Post. The information exception prevents the President from prohibiting the “importation from any country … whether commercial or otherwise, regardless of format or medium of transmission, of any information.” See 50 U.S.C. § 1702(b)(3)(emphasis supplied). The italicized language is pretty much game over for the arguments by Mr. Stanton and the Post that ad money was the problem.
 
What would be a problem is if there were any indications (and there are not) that Google and YouTube were editing or marketing the content. OFAC has been quite clear that it does not think that such services are covered by the information exception (although it does allow those services, through various general licenses, for private individuals in sanctioned countries). If the Norks upload their nonsense and YouTube permits it to be downloaded, there is no violation of the sanctions even if somehow ad revenue makes its way back to North Korea (which itself seems doubtful).
 
While waiting (don’t hold your breath) for the return of Korean Central Television to YouTube, you might want to watch this riveting North Korean news broadcast showing the Dear Leader visiting an amusement park, a kitchen (with hamburgers! which he doesn’t eat!!) and a zoo.
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TrainingEX/IM TRAINING EVENTS & CONFERENCES

TE_a212
. Friday List of Approaching Events

(Sources: Event sponsors.) 
 
Published every Friday or last publication day of the week. Send events to
apbosch@fullcirclecompliance.eu
, composed in the below format:

* DATE: PLACE; “TITLE;” SPONSOR; WEBLINK; CONTACT (email and phone number)
 
Continuously Available Training:
* Executive Masters: “
International Trade Compliance
;” University of Liverpool;
exed@liverpool.ac.uk
;
+44 (0) 20 768 24614
* E-Seminars: “
US Export Controls” / “Defense Trade Controls
;” Export Compliance Training Institute;
danielle@learnexportcompliance.com 
* On-Line: “
Simplified Network Application Process Redesign (SNAP-R)
;” Commerce/BIS; 202-482-2227
* E-Seminars: “
Webinars On-Demand Library
;” Sandler, Travis & Rosenberg, P.A.
 
Training by Date:

* Dec 19: Webinar; “
ACE Export Reports Q&A Teleconference
;” Dept. of Commerce/Census Bureau
* Dec 22: Webinar; “
From ACS to ACE for Reconciliation
;” Dept. of Homeland Security/Customs and Border Protection

* Jan 9: Long Beach CA; “Customs Brokers License Examination Course;” Foreign Trade Association

* Jan 11: London UK; “
Control List Classification – Military
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 

* Jan 13: Shanghai; “
5th Advanced China Forum on Import Compliance;” American Conference Institute


* Jan 16-17: Frankfurt Germany; “
U.S. Export Controls and Sanctions – Update 2017
” (with BIS, DDTC and OFAC speakers); AWA Foreign Trade Academy;
Kristina.Brueffer@awa-seminare.de 

* Jan 17: Webinar; “

Foreign-Trade Zones and Bonded Warehouses
;”
Sandler, Travis & Rosenberg, P.A.;
webinarorganizers@strtrade.com

* Jan 18: Bristol UK; “
Intermediate Seminar
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 

* Jan 19: Bristol UK; “
Beginners Workshop
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Jan 19: Bristol UK; “
Making Better License Applications
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Jan 19: Bristol UK; “
Control List Classification – Combined Dual Use and Military
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 

* Jan 23-26: San Diego CA; “
EAR/ITAR/OFAC Compliance Seminar Series
;” ECTI;
jessica@learnexportcompliance.com
; 540-433-3977 

* Jan 23-25: Sterling VA; “
Basics of Government Contracting
;” Federal Publications Seminars

* Jan 24: Webinar; “
Customs Valuation 101
;”
Sandler, Travis & Rosenberg, P.A.;
webinarorganizers@strtrade.com

* Jan 25-26: Scottsdale AZ; “Complying with U.S. Export Controls;” Dept. of Commerce/Bureau of Industry and Security

* Jan 26-27: Orlando FL; “ITAR/EAR Bootcamp;” Export Compliance Solutions; spalmer@exportcompliancesolutions.com; 866-238-4018 / 410-757-1919

* Jan 31-Feb 1: Toronto; “
6th Forum on US Export & Re-Export for Canadian Operations;” American Conference Institute

* Jan 31: Webinar; “
CUI and CDI – The Federal Push to Protect Sensitive Technical Information
;” Federal Publications Seminars

* Feb 1: Wash DC; “
3rd National Forum on CFIUS & Team Telecom;” American Conference Institute

* Feb 6: Manchester UK; “
Nuclear Course
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Feb 7: Webinar; “
Tariff Engineering to Legally Reduce or Eliminate Duty
;”
Sandler, Travis & Rosenberg, P.A.;
webinarorganizers@strtrade.com

* Feb 8-9: Wash DC; “7th Annual Advanced ITAR & EAR Compliance;” marcus evans

* Feb 8: Webinar; “
CBP Audit Surveys: What’s at Stake?
;”
Sandler, Travis & Rosenberg, P.A.;
webinarorganizers@strtrade.com

* Feb 13-15: Las Vegas NV; “
Basics of Government Contracting
;” Federal Publications Seminars

* Feb 15: Webinar; “
Identifying Agents for Customs Purposes – Traps for the Unwary Importer
;”
Sandler, Travis & Rosenberg, P.A.;
webinarorganizers@strtrade.com

* Feb 20-23: Orlando; “
United States Export Control (EAR/OFAC/ITAR) Seminar
;” ECTI;
jessica@learnexportcompliance.com
; 540-433-3977

* Feb 21: San Diego CA; “AES Compliance Seminar;” Dept. of Commerce/Census

* Feb 22: Newcastle UK; “
Intermediate Seminar
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 

* Feb 23: Long Beach CA; “AES Compliance Seminar;” Dept. of Commerce/Census

* Feb 23: Newcastle UK; “
Beginners Workshop
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Feb 23: Newcastle UK; “
Making Better License Applications
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Feb 23: Newcastle UK; “
Control List Classification – Combined Dual Use and Military
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 

* Mar 5-6: Dubai UAE; “Trade Compliance in the Middle East;” C5

* Mar 6-8: San Diego CA; “
Basics of Government Contracting
;” Federal Publications Seminars

* Mar 7-10: Orlando; “
‘Partnering for Compliance™’ East Export/Import Control Training and Education Program
;” Partnering for Compliance East;
Ailish@PartneringForCompliance.org
; 321-952-2978

* Mar 8: London UK; “
Control List Classification – Combined Dual Use and Military
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Mar 9: London UK; “
Making Better License Applications
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 

* Mar 12-15: Miami; “ICPA Miami Conference;”

International Compliance Professionals Association;
wizard@icpainc.org 

* Mar 13-15: Newport Beach CA; “2017 Winter Back to Basics Conference;” Society for International Affairs

* Mar 15: Birmingham UK; “
Intermediate Seminar
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 

* Mar 15: Miami FL; “AES Compliance Seminar in Spanish;” Dept. of Commerce/Census

* Mar 16: Miami FL; “AES Compliance Seminar;” Dept. of Commerce/Census
* Mar 16: Birmingham UK; “
Beginners Workshop
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Mar 16: Birmingham UK; “
Making Better License Applications
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Mar 16: Birmingham UK; “
Control List Classification – Combined Dual Use and Military
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 

* Mar 17: Chicago IL; “
Customs Education & Solutions Seminar
;” AAEI; Chris Enyart,
cenyart@aaei.org
, +1-202-857-8009

* Mar 20-22: Orlando FL; “
Basics of Government Contracting
;” Federal Publications Seminars

* 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

* Mar 21: Webinar; “
Importer Self-Assessment – What It Really Takes
;”
Sandler, Travis & Rosenberg, P.A.;
webinarorganizers@strtrade.com

* Mar 22: Detroit MI; “AES Compliance Seminar;” Dept. of Commerce/Census

* Mar 29: London UK; “
Control List Classification – Combined Dual Use and Military
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
*  Mar 29-30: Phoenix/Scottsdale AZ; “Critical Compliance & TAA Workshop;” spalmer@exportcompliancesolutions.com; 866-238-4018 / 410-757-1919
* Apr 3-5: Sterling VA; “
Basics of Government Contracting
;” Federal Publications Seminars

* Apr 3-6: Wash DC; “
EAR/OFAC/ITAR Commercial and Military Export Controls/How US Controls Impact Non-US Companies, Affiliates and Transactions, PLUS Other Country Controls Comparison to US (EU & Canada) Seminar
;” ECTI;
jessica@learnexportcompliance.com
; 540-433-3977


* Apr 18: Milwaukee WI; “AES Compliance Seminar;” Dept. of Commerce/Census
* Apr 26: London UK; “
Intermediate Seminar
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Apr 27: London UK; “
Beginners Workshop
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Apr 27: London UK; “
Making Better License Applications
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 

* May 1-4: Las Vegas; “
EAR Export Controls / ITAR Defense Trade Controls Seminar
;” ECTI;
jessica@learnexportcompliance.com
; 540-433-3977


* May 1-2: Tucson AZ; “2017 Spring Conference;” Society for International Affairs

* May 7-9: Toronto; “ICPA Toronto Conference;”
International Compliance Professionals Association;
wizard@icpainc.org 

* May 8-10: San Diego CA; “
Basics of Government Contracting
;” Federal Publications Seminars

* May 10: London UK; “
Control List Classification – Military
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 

* May 11: London UK; “
Making Better License Applications
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 

* May 15-18: London UK; “
United States Export Control (EAR/OFAC/ITAR) Seminar in London (for EU and other non-US Companies)
;” ECTI;
jessica@learnexportcompliance.com
; 540-433-3977

* May 17-19: Minneapolis MN; “
Basics of Government Contracting
;” Federal Publications Seminars

* May 17: Southampton UK; “
Intermediate Seminar
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 

* May 18: Southampton UK; “
Beginners Workshop
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 

* May 23: Tampa FL; “AES Compliance Seminar;” Dept. of Commerce/Census

* Jun 5-7: Boston MA; “
Basics of Government Contracting
;” Federal Publications Seminars

* Jun 5-8: Wash DC; “
United States Export Control (EAR/OFAC/ITAR) Seminar
;” ECTI;
jessica@learnexportcompliance.com
; 540-433-3977

* Jun 7: London UK; “
Control List Classification – Combined Dual Use and Military
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Jul 10-12; Baltimore MD; “
2017 Summer Back to Basics Conference
;” Society for International Affairs

* Jun 11-13: Dublin IRL; “ICPA Dublin Conference;”

International Compliance Professionals Association;
wizard@icpainc.org 

* Jun 12-15: San Francisco; “
United States Export Control (EAR/OFAC/ITAR) Seminar
;” ECTI;
jessica@learnexportcompliance.com
; 540-433-3977

* Jun 13: Philadelphia PA; “AES Compliance Seminar;” Dept. of Commerce/Census
* Jun 14: Kegsworth, Derby UK; “
Intermediate Seminar
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Jun 15: Kegsworth, Derby UK; “
Beginners Workshop
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Jun 15: Kegsworth, Derby UK; “
Making Better License Applications
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Jun 15: Kegsworth, Derby UK; “
Control List Classification – Combined Dual Use and Military
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* July 11-12: Seattle WA; “ITAR/EAR Boot Camp;” spalmer@exportcompliancesolutions.com; 866-238-4018 / 410-757-1919
* Jul 17-19: Hilton Head Island SC; “
Basics of Government Contracting
;” Federal Publications Seminars
* Aug 14-16: McLean VA; “
Basics of Government Contracting
;” Federal Publications Seminars

* Sep 4-9: Galveston TX; “ICPA Conference at Sea;”

International Compliance Professionals Association;
wizard@icpainc.org

* Sep 5: Nashville TN; “AES Compliance Seminar;” Dept. of Commerce/Census

* Sep 12-13: Annapolis MD; “ITAR/EAR Boot Camp;” spalmer@exportcompliancesolutions.com; 866-238-4018 / 410-757-1919
* Sep 18-20: Las Vegas NV; “
Basics of Government Contracting
;” Federal Publications Seminars

* Oct 12: Boston MA; “AES Compliance Seminar;” Dept. of Commerce/Census

* Oct 23-24: Arlington VA; “
2017 Fall Advanced Conference
;” Society for International Affairs
* Nov 6-8: Chicago IL; “
Basics of Government Contracting
;” Federal Publications Seminars

* Nov 7: Norfolk, VA; “AES Compliance Seminar;” Dept. of Commerce/Census

* Dec 5: San Juan PR; “AES Compliance Seminar in Spanish;” Dept. of Commerce/Census
* Dec 7: Laredo, TX; “AES Compliance Seminar in Spanish;” Dept. of Commerce/Census

* Dec 11-13: Sterling VA; “
Basics of Government Contracting
;” Federal Publications Seminars

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

ENEDITOR’S NOTES

EN_a113. Bartlett’s Unfamiliar Quotations

(Source: Editor)

* George Santayana (Jorge Agustín Nicolás Ruiz de Santayana y Borrás, 16 Dec 1863 – 26 Sep 1952, was a philosopher, essayist, poet, and novelist.)
  – “Before you contradict an old man, my fair friend, you should endeavor to understand him.”
 
* Jane Austen (16 Dec 1775 – 18 July 1817, was an English novelist known primarily for her six major novels, Sense and Sensibility, Pride and Prejudice, Mansfield Park, Emma, Northanger Abbey, and Persuasion, which interpret, critique and comment upon the British landed gentry at the end of the 18th century.)
  – “There is not one in a hundred of either sex who is not taken in when they marry.”
 
Friday Funnies
 
A little boy (a future lawyer?) was waiting in line at the shopping mall to visit Santa Claus. When he finally got to sit on Santa’a lap, Santa asked him, “Have you been a good little boy?” The boy replied, “Define good.”
  — Tom Ratkowski, Milwaukee, WI
 
A man buys a parrot, not knowing that it previously belonged to a foul-mouthed longshoreman. One day, after the parrot squawked a string of obscenities, the man tosses the parrot into the kitchen freezer and slams the door. After several seconds of terrible swearing there is dead silence. Worried about the bird, the man opens the freezer door. The parrot calmly walks out, hops on the man’s shoulder and says, “Please accept my sincere apology for my past behavior. You may be assured that I will never again use offensive or inappropriate language.” The man is dumbfounded. He is about to ask the parrot about his change of attitude, when the parrot continues, “If I may ask, what did the chicken do?”
  — Keith Sanders, Chattanooga, TN 

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EN_a214. 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:
12 Dec 2016: 81 FR 890375-89381: Electronic Notice of Liquidation

* 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: 16 Dec 2016: 81 FR 90983-90987: Implementation of the February 2016 Australia Group (AG) Intersessional Decisions and the June 2016 AG Plenary Understandings 

  
*
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. 
  – 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.
 
*
INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR)
: 22 C.F.R. Ch. I, Subch. M, Pts. 120-130
  – 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.  

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

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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