;

16-1223 Friday “The Daily Bugle”

16-1223 Friday “Daily Bugle”

Friday, 23 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. (Vrolijk Kerstfeest & Gelukkig Chanukah!  The Daily Bugle will not publish on Monday, 26 December. We hope you have a wonderful holiday.)

  1. Commerce Posts Fall 2016 Semiannual Agenda of Regulations 
  2. DHS Posts Unified Agenda of Federal Regulatory and Deregulatory Actions 
  3. Treasury/OFAC Amends Iranian Transactions and Sanctions Regulations 
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS Announces Export Control Forum in Santa Clara CA, 21-22 Feb 
  3. Commerce/Census: “Port of Export Code Updated in the Automated Export System” 
  4. DoD/DSS Posts Self-Inspection Certification Guidance to Industry 
  5. State/DDTC: (No new postings.) 
  6. EU Posts Restrictive Measures Directed Against Persons and Entities Associated with Terrorism 
  1. ST&R Trade Report: “Dates and Deadlines: ACE Filing, Boycott Requests, Export Controls, Origin Determination”
  1. Gary Stanley’s ECR Tip of the Day
  1. Friday List of Approaching Events
  1. FCC: Give the Gift That Keeps on Giving: the BITAR and BAFTR! 
  2. Bartlett’s Unfamiliar Quotations 
  3. Are Your Copies of Regulations Up to Date? Latest Changes: ATF (15 Jan 2016), Customs (20 Dec 2016), DOD/NISPOM (18 May 2016), EAR (16 Dec 2016), FACR/OFAC (23 Dec 2016), FTR (15 May 2015), HTSUS (16 Dec 2016), ITAR (5 Dec 2016)

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1. Commerce Posts Fall 2016 Semiannual Agenda of Regulations
(Source: Federal Register) [Excerpts.]
 
81 FR 94714-94727: Fall 2016 Semiannual Agenda of Regulations
* AGENCY: Office of the Secretary, Commerce.
* ACTION: Semiannual regulatory agenda.
* SUMMARY: In compliance with Executive Order 12866, entitled “Regulatory Planning and Review,” and the Regulatory Flexibility Act, as amended, the Department of Commerce (Commerce), in the spring and fall of each year, publishes in the Federal Register an agenda of regulations under development or review over the next 12 months.  . .
.
* FOR FURTHER INFORMATION CONTACT: … 
202-482-3151.  …
  – Bureau of the Census (CENSUS)
  – Final Rule Stage
  – 192. Foreign Trade Regulations (15 CFR 30): Clarification on Filing Requirements
   – Legal Authority: 13 U.S.C. 301
   – Abstract: The Census Bureau is proposing to amend its regulations to reflect new export reporting requirements related to the implementation of the International Trade Data System (ITDS), in accordance with the Executive Order 13659, Streamlining the Export/Import Process for American Businesses. The ITDS was established by the Security and Accountability for Every (SAFE) Port Act of 2006. The proposed changes also include the addition of a new data element in the Automated Export System (AES), the original Internal Transaction Number (ITN) field. Lastly, the Census Bureau proposes to make changes to the Foreign Trade Regulations (FTR) to provide clarity on existing reporting requirements. …
   – Agency Contact: Dale Kelly, Department of Commerce, Bureau of the Census, 4700 Silver Hill Road, Room 6K1285, Suitland, MD 20233, Phone: 301 763-6937, Email: dale.c.kelly@census.gov. …

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

EXIM_a2

2. DHS Posts Unified Agenda of Federal Regulatory and Deregulatory Actions

(Source: Federal Register) [Excerpts.]
 
81 FR 94756-94763: Unified Agenda of Federal Regulatory and Deregulatory Actions
* AGENCY: Office of the Secretary, DHS.
* ACTION: Semiannual regulatory agenda.
* SUMMARY: This regulatory agenda is a semiannual summary of current and projected rulemakings, existing regulations, and completed actions of the Department of Homeland Security (DHS) and its components.  … 
* FOR FURTHER INFORMATION CONTACT: 
Office of the General Counsel, U.S. Department of Homeland Security, 245 Murray Lane, Mail Stop 0485, Washington, DC 20528-0485.  …
Importer Security Filing and Additional Carrier Requirements (Section 610 Review)
  – Legal Authority: Pub. L. 109-347, sec. 203; 5 U.S.C. 301; 19 U.S.C. 66; 19 U.S.C. 1431; 19 U.S.C. 1433 to 1434; 19 U.S.C. 1624; 19 U.S.C. 2071 (note); 46 U.S.C. 60105
  – Abstract: This final rule implements the provisions of section 203 of the Security and Accountability for Every Port Act of 2006. On November 25, 2008, Customs and Border Protection (CBP) published an interim final rule (CBP Dec. 08-46) in the Federal Register (73 FR 71730), that finalized most of the provisions proposed in the NPRM. It requires carrier and importers to provide to CBP, via a CBP approved electronic data interchange system, certain advance information pertaining to cargo brought into the United States by vessel to enable CBP to identify high-risk shipments to prevent smuggling and ensure cargo safety and security. The interim final rule did not finalize six data elements that were identified as areas of potential concern for industry during the rulemaking process and, for which, CBP provided some type of flexibility for compliance with those data elements. CBP solicited public comment on these six data elements, is conducting a structured review, and also invited comments on the revised Regulatory Assessment and Final Regulatory Flexibility Analysis. (See 73 FR 71782-85 for regulatory text and 73 CFR 71733-34 for general discussion.) The remaining requirements of the rule were adopted as final. CBP plans to issue a final rule after CBP completes a structured review of the flexibilities and analyzes the comments. …
  – Agency Contact: Craig Clark, Program Manager, Vessel Manifest & Importer Security Filing, Office of Cargo and Conveyance Security, Department of Homeland Security, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229, Phone: 202 344-3052, Email: craig.clark@cbp.dhs.gov.

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

EXIM_a3

3. Treasury/OFAC Amends Iranian Transactions and Sanctions Regulations

(Source: Federal Register) [Excerpts.]
 
81 FR 94254-94259: Iranian Transactions and Sanctions Regulations
* AGENCY: Office of Foreign Assets Control, Treasury.
* ACTION: Final rule.
* SUMMARY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is adopting a final rule amending the Iranian Transactions and Sanctions Regulations (ITSR) to reflect OFAC’s licensing policies and address inquiries from the regulated public. This final rule makes changes relating to authorized sales of agricultural commodities, medicine, and medical devices to Iran pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA), as amended, and clarifies the definition of the terms goods of Iranian origin and Iranian-origin goods.
* DATES: Effective: December 23, 2016.
* FOR FURTHER INFORMATION CONTACT: The Department of the Treasury’s Office of Foreign Assets Control: Assistant Director for Licensing, tel.: 202-622-2480, Assistant Director for Regulatory Affairs, tel.: 202-622-4855, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; or the Department of the Treasury’s Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202-622-2410.
* SUPPLEMENTARY INFORMATION: …
   OFAC first issued regulations to implement TSRA (22 U.S.C. 7201 et seq.) on July 12, 2001 (66 FR 36683). Since then, OFAC has amended the licensing provisions of the ITSR (and its predecessor, the Iranian Transactions Regulations), 31 CFR part 560, as they relate to the exportation and reexportation of agricultural commodities, medicine, or medical devices to Iran on a number of occasions.    
   As set forth in more detail below, OFAC is adopting a final rule to amend the licensing provisions of the ITSR to expand the scope of medical devices and agricultural commodities generally authorized for export or reexport to Iran and, in response to feedback from the regulated public regarding improving patient safety, provide new or expanded authorizations relating to training, replacement parts, software and services related to the operation, maintenance, and repair of medical devices, and items that are broken or connected to product recalls or other safety concerns.
    Additional medical devices. OFAC is amending the existing general license in Sec. 560.530(a)(3) relating to authorized exports or reexports of certain medical devices specified on the List of Medical Supplies. As amended, the general license has been expanded to authorize the exportation or reexportation to Iran of all items meeting the definition of the term “medical device” as set forth in Sec. 560.530(e)(3), except for certain medical devices that are explicitly excluded from the authorization as specified in a new List of Medical Devices Requiring Specific Authorization, which is maintained on OFAC’s Web site on the Iran Sanctions page, as set forth in revised Sec. 560.530(a)(3)(ii). 
   The List of Medical Devices Requiring Specific Authorization will also be published in the Federal Register, as will any changes to this list. The exportation and reexportation of the specified excluded medical devices requires specific authorization from OFAC, as reflected in amended Sec. 560.530(a)(1)(ii)(C). Medical devices other than those specified on the new List of Medical Devices Requiring Specific Authorization may be exported or reexported to Iran without separate authorization from OFAC. In light of these changes, this rule also eliminates reference to the List of Medical Supplies.
    Excluded agricultural commodities. OFAC is also narrowing the list of excluded agricultural commodities set forth in Sec. 560.530(a)(2)(ii). Pursuant to this amendment, the general license in Sec. 560.530(a)(2) now authorizes the exportation or reexportation to Iran of shrimp and shrimp eggs.
 
John E. Smith, Acting Director, Office of Foreign Assets Control.

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

OGSOTHER GOVERNMENT SOURCES

OGS_a14. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)

* Commerce; Industry and Security Bureau; NOTICES; Agency Information Collection Activities; Proposals, Submissions, and Approvals[Publication Date: 27 December 2016.]:
  – Entity List Requests
  – Five-Year Records Retention Requirement for Export Transactions and Boycott Actions
  – Technical Data Letter of Explanation

* Commerce; Industry and Security Bureau; RULES; Commerce Control List: Updates Based on the 2015 and 2016 Nuclear Suppliers Group Plenary Meetings; Conforming Changes and Corrections to Certain Nuclear Nonproliferation Controls [Publication Date: 27 December 2016.]

* Commerce; Industry and Security Bureau; RULES; Export Administration Regulations: Burma; Amendment of Regulations Consistent with an Executive Order that Terminated U.S. Government’s Sanctions [Publication Date: 27 December 2016.]

* Commerce; Industry and Security Bureau; RULES; Russian Sanctions: Addition of Certain Entities to the Entity List, and Clarification of License Review Policy [Publication Date: 27 December 2016.]

* State; NOTICES; Designations as Global Terrorists: Saleck Ould Cheikh Mohamedou aka Saleck Ould Cheikh [Publication Date: 27 December 2016.]

* Treasury; Foreign Assets Control Office; NOTICES; Blocking or Unblocking of Persons and Properties [Publication Date: 27 December 2016.]

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

 
The Export Control Forum is a one-and-a-half day program dedicated to bringing the business community up-to-speed on the latest initiatives underway in the export control field, including the latest developments in the Export Control Reform initiative.
 
Over the day-and-a half program, you will hear key policy, management, technical, legal, and enforcement personnel from the Bureau of Industry and Security and other relevant agencies provide detailed information on recent changes and those you can expect in the near future.
 
Day one will conclude with a networking opportunity to mingle and discuss issues of concern with the presenters and other participants. On day two, we will continue in plenary session; there will be no breakout sessions as in previous years.
 
Continuing legal education credit (MCLE) is available, and varies with the length of each seminar, for California State Bar members.

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

OGS_a36
. Commerce/Census: “Port of Export Code Updated in the Automated Export System”

 
Please note the following Port of Export code has been UPDATED in the AES effective immediately.
 
Port Code; Description; Allowed MOTs
3801; Detroit, MI; Vessel, Air, Rail, Road, Fixed
                                                                                              
Fixed Transport Installations are now an Allowed MOT for Port of Export 3801.

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

OGS_a4
7. DoD/DSS Posts Self-Inspection Certification Guidance to Industry

(Source: DoD/DSS)
 
On May 18, 2016, the Department of Defense published Change 2 to DoD 5220.22-M, “National Industrial Security Operating Manual (NISPOM).” NISPOM Change 2 requires contractors to establish and maintain an insider threat program to detect, deter and mitigate insider threats.
 
NISPOM Change 2 also requires a senior management official at the cleared facility to certify to DSS, on an annual basis, that a self-inspection has been completed in accordance with the provisions of NISPOM paragraph 1-207b. Beginning January 2017, contractors must complete this certification in Electronic Facility Clearance System (e-FCL). Additionally, contractors must make self-assessment reports available to DSS during security vulnerability assessments.
 
Starting Jan. 3, 2017, the self-inspection certification function will be available on the Organization Summary page in e-FCL. Additional information can be found in the Self-Inspection Handbook for NISP Contractors and in the eFCL Submission Site User Guide (for Contractors), Section 6.2.

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

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

OGS_a6
9. EU Posts Restrictive Measures Directed Against Persons and Entities Associated with Terrorism

 
Regulations:
  – Council Implementing Regulation (EU) 2016/2373 of 22 December 2016 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and amending Implementing Regulation (EU) 2016/1127
 
Decisions:
  – Council Decision (CFSP) 2016/2384 of 22 December 2016 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and amending Decision (CFSP) 2016/1136

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

NWSNEWS

NWS_a110
. ST&R Trade Report: “Dates and Deadlines: ACE Filing, Boycott Requests, Export Controls, Origin Determination”

 
Following are highlights of regulatory effective dates and deadlines and federal agency meetings coming up in the next week.
 
  – Dec 27: deadline for comments to USDA on proposals to allow imports of avocados from Colombia, orchids from Taiwan
  – Dec 29: effective date of final rule on ACE entry filing requirements for FDA-regulated goods
  – Dec 30: deadline for comments to BIS on report of requests for restrictive trade practice or boycott
  – Dec 30: deadline for comments on DoD proposed rule on export-controlled technical data and technology
  – Dec 30: deadline for requests for judicial review of CBP country of origin determination on hard disk drives

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

COMMCOMMENTARY

COMM_a1
11. 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
 
DDTC considers shipments of USML-controlled defense articles and/or technical data to APO boxes to be an export and thus require an authorization to ship the subject defense articles/technical data. Regardless of method employed (aircraft, vessel, etc.), such exports require prior written approval from DDTC, except in cases where the applicant opts to use an eligible ITAR exemption.

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

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:

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


* Jan 10: California MD; “Foreign Military Sales Essential to U.S. Defense;” The Patuxent Partnership

* 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 10: Melbourne FL; “Accelerated Classification Workshop (USML, CCL, ECCN, HTS, Sched B);” Space Coast World Trade Council;
bcantillon@bellsouth.net
, 321-373-2047

* 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

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ENEDITOR’S NOTES

EN_a313. FCC: Give the Gift That Keeps on Giving*: the BITAR and BAFTR!

(Source: Editor)

Delivery is guaranteed before Christmas or Hanukkah (it will be delivered electronically about an hour after ordered). There is no more useful gift for your employee or friend who specialize in U.S. export compliance than a year’s subscription to the constantly updated editions of Bartlett’s Annotated ITAR (International Traffic in Arms Regulations) (“BITAR”) and Bartlett’s Annotated FTR (Foreign Trade Regulations)(“BAFTR”).

The BITAR and BAFTR are Word documents, sent by email attachment, containing the full text of the ITAR and FTR, updated every time the regulations are amended (so far eight amendments in 2016). Both books also have huge indexes and hundreds of footnotes containing history and practical advice not available in the on-line government versions or in any other commercial publication. Subscribe at the Full Circle Compliance website, www.FullCircleCompliance.eu. Discounts are available for multiple subscriptions, and site licenses are available for companies with more than 20 subscribers. US Government employees (with “.gov” or “.mil” addresses) and higher education employees (with “.edu” addresses) are eligible for a 50% discount.

Cheer up your employees this year, and at the same, reduce your company’s risk of export violations with subscriptions to the BITAR and BAFTR. For the serious compliance professional, there is no substitute!

* “Clark, that’s the gift that keeps on giving!” (Cousin Eddy, commenting on Clark Griswold’s employer’s annual bonus of the Jelly of the Month Club, in National Lampoon’s Christmas Vacation.)

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EN_a114. Bartlett’s Unfamiliar Quotations

(Source: Editor)

* Giuseppe Tomasi di Lampedusa (23 Dec 1896 – 26 Jul 1957, was an Italian writer and the last Prince of Lampedusa. He is most famous for his only novel, Il Gattopardo (first published posthumously in 1958, translated as The Leopard.)
  – “If we want things to stay as they are, things will have to change.”

* Samuel Smiles (23 Dec 1812 – 16 April 1904, was a Scottish author and government reformer.)
  – “Lost wealth may be replaced by industry, lost knowledge by study, lost health by temperance or medicine, but lost time is gone forever.”
 
Friday funnies:
 
A tipsy man orders another beer in a Dublin bar, and says to a fellow next to him, “I say, you look familiar … are you from around here?” “Yes, I was born on Donegal Street,” says the other man. “That’s interesting, I was also born on Donegal Street. When were you born?” “December 22, 1952.”  “That’s the same day I was born!  Where did you go to school?” “At St. Mary’s.” “Glory be, I went there too. When did you graduate?” “In 1970.” “What a coincidence! So did I!” Another patron is watching this whole exchange, and says to the bartender, “That’s amazing! How likely is something like that to happen?” The bartender replies, “It happens every time the Murphy twins get drunk!”
  – Bob Ramsdell, Albany, OR 


Q. What did one snowman say to the other snowman?
A. Do you smell carrots?

Q. What is Santa Clause’s citizenship?
A. North Polean.  

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EN_a215. 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:
20 Dec 2016: 81 FR 92978-93027: Regulatory Implementation of the Centers of Excellence and Expertise

* 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: 23 Dec 2016: 81 FR 94254-94259: Iranian Transactions and Sanctions Regulations 
 
*
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: 16 Dec 2016; Harmonized System Update (HSU) 1614, containing 27,913 ABI records and 4,820 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.  

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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.

* 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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