;

17-0103 Tuesday “The Daily Bugle”

17-0103 Tuesday “Daily Bugle”

Tuesday, 3 January 2017

TOP
The Daily Bugle is a free daily newsletter from Full Circle Compliance, containing changes to export/import regulations (ATF, Customs, NISPOM, EAR, FACR/OFAC, FTR/AES, HTSUS, and ITAR), plus news and events.  Subscribe 
here for free subscription.  Contact us
for advertising inquiries and rates. (The Daily Bugle was not published yesterday, Monday, 2 January 2017.) 
 

  1. Presidents Takes Additional Steps to Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities 
  2. State Amends ITAR Concerning International Trade Data System, Replacing AES 
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. Commerce/Census: “Happy New Year 2017” 
  4. State/DDTC Posts Name and Address Changes for Three Entities 
  5. U.S. ITC Posts Official 2017 HTS 
  1. Reuters: “Trump Aide Says U.S. Sanctions on Russia May Be Disproportionate” 
  2. ST&R Trade Report: “Defense Trade Regulations Updated to Reflect Implementation of ACE” 
  1. J.E. Bartlett: “Your 2016 ITAR is Obsolete Today” 
  2. J.T. Stoel, C.A. Lewis & C. Navarro: “CBP Issues Interim Rules Shifting Key Functions” 
  3. Gary Stanley’s ECR Tip of the Day 
  1. ECTI Presents Asia Pacific Export Controls: Updates and Export Facilitation Measures – Webinar, 19 Jan 
  1. Monday List of Ex/Im Job Openings: 125 Jobs Posted 
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Changes: ATF (15 Jan 2016), Customs (20 Dec 2016), DOD/NISPOM (18 May 2016), EAR (27 Dec 2016), FACR/OFAC (23 Dec 2016), FTR (15 May 2015), HTSUS (1 Jan 2017), ITAR (3 Jan 2017) 

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1
. Presidents Takes Additional Steps to Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities

(Source: Federal Register)
 
82 FR 1-3: Taking Additional Steps to Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities
 
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code,
 
I, BARACK OBAMA, President of the United States of America, in order to take additional steps to deal with the national emergency with respect to significant malicious cyber-enabled activities declared in Executive Order 13694 of April 1, 2015, and in view of the increasing use of such activities to undermine democratic processes or institutions, hereby order:
 
Section 1. Section 1(a) of Executive Order 13694 is hereby amended to read as follows:
 
Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in:
 
(i) the persons listed in the Annex to this order;
 
(ii) any person determined by the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, to be responsible for or complicit in, or to have engaged in, directly or indirectly, cyber-enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States that are reasonably likely to result in, or have materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States and that have the purpose or effect of:
 
  (A) harming, or otherwise significantly compromising the provision of services by, a computer or network of computers that support one or more entities in a critical infrastructure sector;
 
  (B) significantly compromising the provision of services by one or more entities in a critical infrastructure sector;
 
   (C) causing a significant disruption to the availability of a computer or network of computers;
 
  (D) causing a significant misappropriation of funds or economic resources, trade secrets, personal identifiers, or financial information for commercial or competitive advantage or private financial gain; or
 
  (E) tampering with, altering, or causing a misappropriation of information with the purpose or effect of interfering with or undermining election processes or institutions; and
 
(iii) any person determined by the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State:
 
  (A) to be responsible for or complicit in, or to have engaged in, the receipt or use for commercial or competitive advantage or private financial gain, or by a commercial entity, outside the United States of trade secrets misappropriated through cyber-enabled means, knowing they have been misappropriated, where the misappropriation of such trade secrets is reasonably likely to result in, or has materially contributed to, a significant threat to the national security, foreign policy, or economy of the United States;
 
  (B) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in subsections (a)(ii) or (a)(iii)(A) of this section or any person whose property and interests in property are blocked pursuant to this order;
 
  (C) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order; or
 
  (D) to have attempted to engage in any of the activities described in subsections (a)(ii) and (a)(iii)(A)-(C) of this section.
 
Sec. 2. Executive Order 13694 is further amended by adding as an Annex to Executive Order 13694 the Annex to this order.
 
Sec. 3. Executive Order 13694 is further amended by redesignating section 10 as section 11 and adding a new section 10 to read as follows:
 
 Sec. 10. The Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, is hereby authorized to determine that circumstances no longer warrant the blocking of the property and interests in property of a person listed in the Annex to this order, and to take necessary action to give effect to that determination.
 
Sec. 4. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
 
Sec. 5. This order is effective at 12:01 a.m. eastern standard time on December 29, 2016.
              
(Presidential Sig.)
THE WHITE HOUSE,
December 28, 2016.

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

EXIM_a2

2. State Amends ITAR Concerning International Trade Data System, Reporting

(Source: Federal Register) [Excerpts.]
 
82 FR 15-19: International Traffic in Arms Regulations: International Trade Data System, Reporting
* AGENCY: Department of State.
* ACTION: Final rule.
* SUMMARY: The Department of State amends the International Traffic in Arms Regulations (ITAR) to enable U.S. Customs and Border Protection (CBP) to implement the International Trade Data System (ITDS), which will allow businesses to electronically submit the data required to import or export cargo, as provided by Executive Order 13659 and the Security and Accountability for Every Port Act of 2006 (SAFE Port Act).
* DATES: This final rule was effective on December 31, 2016.
* FOR FURTHER INFORMATION CONTACT: Mr. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2792; email DDTCResponseTeam@state.gov. ATTN: International Trade Data System, reporting.
* SUPPLEMENTARY INFORMATION: …
   ITDS represents a shift in the way that imports and exports are declared to CBP by importers and exporters engaged in international commerce. Traders will only need to create and submit a single set of data for each import or export, thus significantly reducing the paperwork and reporting burden currently experienced by importers and exporters. Beginning on December 31, 2016, traders will access the ITDS system via an integrated web portal hosted by CBP. Users may go here for more information on the single portal.
   Through the CBP Partner Government Agency (PGA) program, DDTC promulgated a PGA Message Set that requires traders to enter data relevant to DDTC’s jurisdiction. Beginning December 31, 2016, when declaring permanent or temporary exports and/or temporary imports of defense articles controlled by the U.S. Munitions List (USML), traders will input data relevant to DDTC in CBP’s electronic system(s). CBP will transmit the relevant shipment details to DDTC via an electronic data exchange, eliminating the need for traders to notify DDTC separately. …
   This rule will make the following changes to the ITAR (22 CFR parts 120-130):
 
Section 120.28–Listing of Forms Referred to in This Subchapter
 
  – Section 120.28 is revised to strike the reference to the Automated Export System and add, in its place, “U.S. Customs and Border Protection’s electronic system(s)”.
 
Section 120.30–The Automated Export System (AES)
 
  – Section 120.30 is removed and reserved.
 
Section 123.4–Temporary Import License Exemptions
 
  – Section 123.4(d)(2) is revised to strike the reference to the Automated Export System (AES) and add, in its place, instructions to electronically file information with CBP.
 
Section 123.5–Temporary Export Licenses
 
  – Section 123.5(b) is revised to update certain reporting procedures and to clarify that license information will be submitted to CBP electronically.
 
Section 123.16–Exemptions of General Applicability
 
  – Sections 123.16(b)(4) and (5) are revised to clarify that certifications will be sent to CBP electronically and not via hard copy.
 
Section 123.17–Exports of Firearms, Ammunition, and Personal
Protective Gear
 
  – All references to AES in Sec. 123.17 are struck and, in their place, instructions to electronically file with CBP are inserted. Additionally, Sec. 123.17(g)(2) and (h) are revised to update certain documentation procedures.
 
Section 123.22–Filing, Retention, and Return of Export Licenses and Filing of Export Information
 
  – Section 123.22 of the ITAR is revised by making certain grammatical changes and to clarify procedures for the electronic reporting of exports and temporary imports of defense articles, services, and technical data pursuant to a license or other approval. All references to AES in Sec. 123.22 are struck and, in their place, instructions to electronically file with CBP are inserted.
  – Section 123.22(a) is revised to clarify electronic reporting procedures for exports. Paragraphs (a)(1) and (a)(2) are also revised for clarification of certain procedures.
  – Section 123.22(b)(2) is revised to clarify that emergency shipment data shall no longer be required to be sent directly to DDTC, but rather be electronically declared to CBP, which will make the data available to DDTC via an electronic data exchange.
  – Section 123.22(b)(3)(iii) is revised to update electronic reporting procedures for technical data and defense service exemptions.
  – Section 123.22(c) is revised to strike a provision relating to the return of licenses and to reorder the sub-paragraphs.
 
Section 123.24–Shipments by U.S. Postal Service
 
  – Section 123.24 is revised to strike references to AES and insert, in their place, instructions to electronically file with CBP. The underlying content of this section is not affected by this change.
 
Section 126.4–Shipments by or for United States Government Agencies
 
  – Section 126.4(d) is amended by revising the first sentence to account for electronic reporting, and by striking the second sentence.
 
Section 126.6–Foreign-Owned Military Aircraft and Naval Vessels, and the Foreign Military Sales Program
 
  – Section 126.6(c) is revised to clarify certain procedures relating to the declaration of information to CBP, and to remove references to form DSP-94. Section 126.6(c)(5)(iii) is revised to require that the exporter provide CBP with a copy of the transportation plan under the Department of Defense National Industrial Security Program Operating Manual for shipments of classified defense articles exported pursuant to a Foreign Military Sale Letter of Offer and Acceptance. Section 126.6(c)(6)(iii) is revised to correct a punctuation error made in a previous rulemaking.
 
Section 126.16–Exemption Pursuant to the Defense Trade Cooperation Treaty Between the United States and Australia
 
  – Section 126.16(l) is revised to strike references to the Automated Export System and insert, in their place, instructions to electronically file with CBP. The underlying content of this section will not be affected by this change.
  – Section 126.17–Exemption Pursuant to the Defense Trade Cooperation Treaty Between the United States and the United Kingdom
  – Section 126.17(l) is revised to strike references to the Automated Export System and insert, in their place, instructions to electronically file with CBP. The underlying content of this section will not be affected by this change. …
 
   Dated: December 23, 2016.
Thomas Countryman, Under Secretary (Acting), Arms Control and International Security, Department of State.

[Editor’s Note: The above amendments are contained in the Jan. 3, 2017, edition of 
Bartlett’s Annotated ITAR (The “BITAR”).  See subscription information in Item # 16, below.]

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


OGSOTHER GOVERNMENT SOURCES

OGS_a13. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)


* Commerce; Industry and Security Bureau; RULES; Addition of Certain Entities to the Entity List [Publication Date: 4 January 2017.] 
* * * * * * * * * * * * * * * * * * * *

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

 
This is a friendly reminder to ensure the Estimated Date of Export is reported with the correct year. To avoid the Automated Export System (AES) generating the Compliance Alert – Shipment Reported Late, please report the year 2017 for your current AES shipments.

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

OGS_a46. State/DDTC Posts Name and Address Changes for Three Entities

(Source: State/DDTC)
 
  – Cessna Aircraft Company et al. Change Name to Textron Aviation Inc.
  – Dutch-Sharpe Changes Address
  –
Ultra Electronics
Changes Name
to Ultra Electronics, Precision Control Systems 
 

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

OGS_a57. U.S. ITC Posts Official 2017 HTS

(Source: U.S. ITC)
 
The official 2017 Harmonized Tariff Schedule (HTS) of the United States (the 2017 Basic HTS) is now available on the USITC web site and via the HTS Search application.
 
The 2017 Basic HTS includes:
 
  – changes proclaimed by the President on December 2 and 15, 2016,  including all changes to conform to modifications to the Harmonized System nomenclature as recommended by the World Customs Organization to take effect January 1, 2017;
  – statistical changes approved by the Committee for Statistical Annotation of the Tariff Schedules (also known as the “484(f) Committee,” which analyzes and evaluates petitions requesting changes in HTS and Schedule B statistical reporting), effective as of January 1, 2017;
  – staged reductions in preferential duty rates applicable under existing (already proclaimed) free trade agreements and effective as of January 1, 2017; and
  – cumulative changes that took effect during calendar year 2016 as reflected in the on-line HTS available on the USITC website (see the
Change Record
).  Users may download the HTS data in a variety of formats, including comma delimited, Excel spreadsheet, and machine-readable JSON formats. 
 
The printed version of the 2017 Basic HTS will be available within a few weeks and can be ordered from the Government Publishing Office.

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

NWSNEWS

NWS_a18
. Reuters: “Trump Aide Says U.S. Sanctions on Russia May Be Disproportionate”

 
A top aide to President-elect Donald Trump said in an interview aired on Sunday that the White House may have disproportionately punished Russia by ordering the expulsion of 35 suspected Russian spies.
 
Incoming White House press secretary Sean Spicer said on ABC’s “This Week” that Trump will be asking questions of U.S. intelligence agencies after President Barack Obama imposed sanctions last week on two Russian intelligence agencies over what he said was their involvement in hacking political groups in the 2016 U.S. presidential election. Obama also ordered Russia to vacate two U.S. facilities as part of the tough sanctions on Russia.
 
  “One of the questions that we have is why the magnitude of this? I mean you look at 35 people being expelled, two sites being closed down, the question is, is that response in proportion to the actions taken? Maybe it was; maybe it wasn’t but you have to think about that,” Spicer said.
 
Trump is to have briefings with intelligence agencies this week after he returns to New York on Sunday.
 
On Saturday, Trump expressed continued skepticism over whether Russia was responsible for computer hacks of Democratic Party officials.
 
  “I think it’s unfair if we don’t know. It could be somebody else. I also know things that other people don’t know so we cannot be sure,” Trump said.
 
He said he would disclose some information on the issue on Tuesday or Wednesday, without elaborating. It is unclear if, upon taking office on Jan. 20, he would seek to roll back Obama’s actions, which mark a post-Cold War low in U.S.-Russian ties.
 
Spicer said that after China in 2015 seized records of U.S. government employees “no action publicly was taken. Nothing, nothing was taken when millions of people had their private information, including information on security clearances that was shared. Not one thing happened.”
 
 “So there is a question about whether there’s a political retribution here versus a diplomatic response,” he added.
 
Pressure in Congress
 
U.S. intelligence agencies say Russia was behind hacks into Democratic Party organizations and operatives before the presidential election. Moscow denies this. U.S. intelligence officials say the Russian cyber attacks aimed to help Trump defeat Democrat Hillary Clinton.
 
Republican John McCain, chairman of the Senate Armed Services Committee, has scheduled a hearing for Thursday on foreign cyber threats and has said that Russia must be made to pay the price for attacks “on our very fundamentals of democracy.
 
The top Democrat on the House Intelligence Committee said on the same ABC program that Congress would push for an even harsher reprisal against Russia and warned Trump against undoing Obama’s sanctions.
 
  “We think that more has to be done. We don’t think that frankly the steps that have been taken are enough of a deterrent,” said Representative Adam Schiff, a California Democrat. “And you’re going to see bipartisan support in Congress for stronger sanctions against Russia.”
 
Senator Tom Cotton, a Republican from Arkansas, said on “Fox News Sunday” that Obama’s sanctions were not enough.
 
Russian President Vladimir Putin decided not to expel anyone in retaliation, saying he would consider the actions of Trump when deciding on further steps. Trump, who has repeatedly praised Putin, said the Russian leader was “very smart” for holding back.
 
Russian diplomats who were expelled by Obama left Washington on Sunday, Russian news agencies reported, citing Russia’s embassy.

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

NWS_a2
9. ST&R Trade Report: “Defense Trade Regulations Updated to Reflect Implementation of ACE”

 
The Department of State has issued a final rule amending the International Traffic in Arms Regulations to provide for the implementation of the Automated Commercial Environment and the International Trade Data System.
 
Under this rule, beginning Dec. 31, traders will be required to input data relevant to State’s Directorate of Defense Trade Controls in ACE when declaring permanent or temporary exports and/or temporary imports of defense articles controlled by the U.S. Munitions List. U.S. Customs and Border Protection will transmit the relevant shipment details to DDTC via an electronic data exchange, eliminating the need for traders to notify DDTC separately.

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

COMMCOMMENTARY

COMM_a1
10
. J.E. Bartlett: “Your 2016 ITAR is Obsolete Today”

(Source: Author)
 
* Author: James E. Bartlett III, Law Office of James E. Bartlett III, PLLC, JEBartlett@JEBartlett.com, 1-202-802-0646
 
The following amendments to the International Traffic in Arms Regulations (ITAR) took effect on New Year’s Eve, 2016:
 
  – 81 Fed. Reg. 49531 (July 28, 2016, effective Dec. 31, 2016), amending Cats. VIII and XIX.
  – 81 FR 70340 (Oct. 12, 2016, effective Dec. 31, 2016), amending Cats. VI, VIII, XII, XIII, and XV.
  – 81 FR 83126 (Nov. 21, 2016, effective Dec. 31, 2016), amending Cats. VIII and XIX.
  – 82 FR 15 (Jan. 3, 2017, effective Dec. 31, 2016); International Trade Data System (ITDS) amendments to Parts 120, 123, and 126, replacing AES with ITDS.
 
These extensive amendments revised portions of ITAR Parts 120, 121 (Cats VI, VII, VIII, XII, XIII, XV, XIX), 122, 123, 124, 126, 127, 128, and 130, so don’t use any copy of the ITAR printed before today.  And if you use the official GPO on-line eCFR, its website states that the eCFR version of the ITAR “is current as of December 29, 2016,” which means they haven’t updated the regulations. (I don’t blame them – it took my team all weekend.)
 
How do you find out what regulations are effective today?  You can download and dig through dozens of pages in each of the above Federal Register notices, or you can save valuable time by subscribing to Bartlett’s Annotated International Traffic in Arms Regulations (the “BITAR”).  The Jan. 3, 2017, revised edition if the BITAR, which was sent to subscribers earlier today, contains all amendments to date, plus over 700 footnotes to amendment dates, case notes, practice tips, and warnings about errors in the official ITAR.  It also has a 32-page Index to help you locate those hard-to-find issues.  Subscribe today.  You will receive a new edition (as a Word document attached to an email) within 24 hours of every ITAR amendment for the next year. (There were eight amendments in 2016.)  To subscribe, go to www.FullCircleCompliance.eu.

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

COMM_a2
11. J.T. Stoel, C.A. Lewis & C. Navarro: “CBP Issues Interim Rules Shifting Key Functions”

(Source: Hogan Lovells)

* Authors: Jonathan T. Stoel, Esq., jonathan.stoel@hoganlovells.com, 202-637-6634; Craig A. Lewis, Esq., craig.lewis@hoganlovells.com, 202-637-8613; and Chandri Navarro, Esq., chandri.navarro@hoganlovells.com, 202-637-5640. All of Hogan Lovells. 
 
Completing a process started several years ago, U.S. Customs and Border Protection (CBP) has published new interim rules formalizing the transfer and consolidation of key customs functions from the agency’s 328 ports of entry to 10 centralized Centers of Excellence and Expertise (CEEs) organized by industry groupings. The Centers were established with the stated aim to increase uniformity of practices across ports of entry, facilitate the timely resolution of trade compliance issues nationwide, and further strengthen critical agency knowledge of key industry practices. The new interim rules are subject to comments through January 19, 2017.
 
Under the new interim rules, the CEEs will be responsible for performing certain trade functions and making determinations regarding importations of merchandise by their assigned importers, regardless of the ports of entry through which the importations occur. CBP’s goal is to provide a more homogeneous treatment for similar products and importers and, as a result, facilitate trade. CBP promises that this will result in a reduction of Requests for Information and Notices of Action.
 
The CEEs will take over a number of basic functions previously handled at the port level, including:
  – decisions and processing related to entry summaries;
  – decisions and processing related to all types of protests;
  – suspension and extension of liquidations;
  – decisions and processing concerning free trade agreements and duty preference programs;
  – decisions concerning warehouse withdrawals wherein the goods are entered into the commerce of the United States;
  – all functions and decisions concerning country of origin marking issues;
  – functions concerning informal entries; and
  – classification and appraisement of merchandise, including valuation of merchandise.
 
While in some cases the port directors and the CEEs will also have joint authority, certain authorities and responsibilities will not be transferred to the CEEs and will be maintained by the port directors. These include decisions over control, movement, examination, and release of cargo; export; drawback; fines; penalties; and forfeitures.
 
The CEEs are organized by industry sectors, which are categorized by the Harmonized Tariff Schedule (HTS) numbers. CBP has designated the following cities for the CEEs: Agriculture & Prepared Products, Miami, Florida; Apparel, Footwear, & Textiles, San Francisco, California; Automotive & Aerospace, Detroit, Michigan; Base Metals, Chicago, Illinois; Consumer Products and Mass Merchandising, Atlanta, Georgia; Electronics, Long Beach, California; Industrial & Manufacturing Materials, Buffalo, New York; Machinery, Laredo, Texas; Petroleum, Natural Gas, & Minerals, Houston, Texas; Pharmaceuticals, Health, & Chemicals, New York City, New York.
 
Generally, each importer will be assigned to an industry category, that will be administered by a specific CEE based on the HTS tariff classification of the predominant goods it has imported. All importers may appeal the CEE’s assignment at any time by submitting a written appeal. With the Automated Customs Environment (ACE) fully functional, import data submitted by importers and their brokers will be automatically routed to the CEEs.
 
It remains to be seen how this reorganization will function in practice. At a minimum, importers should now expect that CBP will be adopting more uniform national-level approach to enforcement activity to replace the sometimes conflicting multi-port approach followed by the agency since its creation in 1789.
 
Importers working with CEEs see fewer Requests for Informa­tion (CF28s) and Notices of Action (CF29s) than their counterparts that file at ports of entry, according to a report commis­sioned by CBP as part of its CEE rulemaking process. The report indicates that on average, participants see 78 percent fewer CF28s and 28 percent fewer CF29s after joining a CEE, resulting in less administrative time responding to the formal requests.

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

COMM_a3
12. 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
 
Except as set forth in EAR § 734.18(a)(3), a Transfer (in-country) is a change in end use or end user of an item within the same foreign country. Transfer (in-country) is synonymous with In-country transfer.
* * * * * * * * * * * * * * * * * * * * 

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a1
13. ECTI Presents Asia Pacific Export Controls: Updates and Export Facilitation Measures – Webinar, 19 Jan
(Source: Danielle McClellan, danielle@learnexportcompliance.com)
 
* What: Asia Pacific Export Controls: Updates and Export Facilitation Measures
* When: January 19, 2017; 1:00 p.m. (EST)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker: Jay Nash
* Register: Here or Danielle McClellan, 540-433-3977, danielle@learnexportcompliance.com.

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

MSEX/IM MOVERS & SHAKERS

MS_a114. Monday List of Ex/Im Job Openings: 125 Jobs Posted

(Source: Editor)  
 
Published every Monday or first business day of the week.  Send openings in the following format to
apbosch@fullcirclecompliance.eu
.
 
COMPANY; LOCATION; POSITION TITLE (WEBLINK); CONTACT INFO; REQ ID
 
#” New listing this week:
 
* Aerospace Industries Association; Arlington VA;
International Affairs Director
;
Remy.Nathan@aia-aerospace.org
* AkzoNobel; Arnhem, The Netherlands;
Manager Customs & International Trade
; Requisition ID: 160008QE
* Amazon; London, UK;
Senior Trade Compliance Program Manager (M/F)
; Requisition ID: 429019
* Amazon; Seattle WA;
Compliance Investigator
; Requisition ID: 432564
* Amazon; Seattle WA;
Sanctions Compliance Specialist
; Requisition ID: 467576
* Amazon; Seattle WA;
NA Compliance Analyst
; Requisition ID: 256357
* Amazon; Seattle WA;
Prime Air Trade Compliance Program Manager
; Requisition ID: 395658
* Amazon; Seattle WA;
Senior Compliance Audit Specialist
; Requisition ID: 473466
# Amazon; Seattle WA;
Sr. Trade Compliance PM, Fashion
; Requisition ID: 475927
* Amazon; Singapore;
Sr. Trade Compliance Manager
; Requisition ID: 441734
* Amazon; Tokyo, Japan;
JP Export Compliance Manager
; Requisition ID: 464733
# Apple; Singapore;
APAC Trade Compliance Analyst / Manager
; Requisition ID: 52327703
* AstraZeneca; Wilmington DE;
Sr. Import Analyst
; Requisition ID: R-001528
* Avigilon; Plano, TX;
Global Trade Compliance Manager
; Requisition ID: 2016-2551
* Bayer; Leverkusen, Germany;
Head of Customs & International Trade Classification (m/f)
; Requisition ID: 0000180456
* Boeing; Bristol, UK;
Trade Control Specialist
; Requisition ID: 1600018482
* Boeing; Englewood CO;
Intern – International Trade Regulations
; Requisition ID: 794168
* Boeing; Gdansk, Poland;
Compliance Specialist
; Requisition ID: 795762
* Boeing; Mesa AZ;
Trade Control Specialist
; Requisition ID: 1600021767
* Ciena; Hanover MD;
Global Logistics Cost Leader
; Requisition ID: R005158
*
Cobham Advanced Electronic Solutions; Exeter NH, Plainview, NY; Eatontown, NJ; and Lansdale, PA;
Export Compliance Manager
; Craig Beronja,
craig.beronja@cobham.com
; Requisition ID: 00LR5
* Colony Brands, Inc.; Monroe WI;
Assistant Trade Compliance Manager
; Requisition ID: 16-0954
* Coriant; Naperville IL;
Sr Mgr of Global Trade Compliance
; Requisition ID: 11353
* Crane Aerospace and Electronics; Chandler AZ;
Sr. Export Compliance Analyst
; Requisition ID: 4725
* Crane Currency; Nashua NH;
Import/Export & Logistics Manager
; Requisition ID: 2016-1459
* Crane Aerospace and Electronics, West Caldwell NJ;
Export Compliance Manager
; Requisition ID: 5411
* Cummins Inc.; Daventry, United Kingdom;
Lead Export Controls Analyst
* Diageo; Norwalk CT;
Trade Compliance Excellence Manager
; Requisition ID: 54069BR
* DRS Technologies; Germantown MD;
Senior Trade Compliance Manager
; Requisition ID: 54749
* ED & F Man; London, UK;
Trade Support Specialist
* Edgewell Personal Care; Milford CT; 
Export Compliance And Security Lead
; Requisition ID: NAM00808
# Emerson; Cluj, Romania;
International Trade Compliance Assistant
; Requisition ID: 16006899
* Esterline Technologies Corporation; Bellevue WA;
Audit Manager – Compliance
; Requisition ID: 8215BR
* Esterline Technologies Corporation; Bellevue WA;
Sr. Trade Compliance Manager – Sensors & Systems (Engineering)
; Requisition ID: 8791BR
* Esterline Technologies Corporation; Brea, CA;
Logistics Coordinator
; Requisition ID:
8887BR
* Esterline Technologies Corporation; Brea CA;
Sr. Trade Compliance Manager;
Requisition ID: 7333BR
* Esterline Technologies Corporation; Buena Park, CA;
Manager, Shipping and Inventory Control
; Requisition ID:
9046BR
* Esterline Technologies Corporation; Paso Robles CA;
Trade Compliance Manager
; Requisition ID: 6148BR
* Export Solutions Inc.; Melbourne FL; 
Trade Compliance Specialist II

info@exportsolutionsinc.com
* Facebook; Menlo Park CA;
Head of Global Trade Compliance Operations

# Facebook; Singapore;
Export Compliance Manager, APAC 

* FLIR Systems; Arlington VA;
Director of Defense Trade Licensing & Compliance
* FLIR; Arlington VA;
Sr. Defense Trade Licensing & Compliance Analyst
; Requisition ID: 7924
*
FLIR; Billerica MA; 
Sr. Defense Trade Licensing & Compliance Analyst
;
Requisition ID: 8008
* General Dynamics; South Wales, UK;
Senior Trade Compliance Officer
; Requisition ID: 6079
# Givaudan; Bogor, Indonesia;
Compliance Manager
; Requisition ID: 68063
* Google; San Francisco CA;
Associate Counsel, Customs Compliance
* HARMAN; Novi MI;
Senior Export Compliance Specialist
; Requisition ID: 94688
* HARMAN; Novi MI;
Senior Import Compliance Specialist
; Requisition ID: 94686
# Honeywell; Moscow, Russia;
Integrity & Compliance Manager
; Requisition ID: 00330983
*
Ingersoll Rand; San Diego, CA;
Latin America Trade Compliance Manager (Trilingual: English, Spanish, and Portuguese)
; Requisition ID: 1610632
* Intel; Santa Clara, CA;
Global Export Compliance Specialist
; Requisition ID: JR0814909
* Intel; Santa Clara, CA;
Export Compliance Specialist
; Requisition ID: JR0005160
* Lam Research Corporation; Fremont CA:
Foreign Trade Analyst 6
; Requisition ID: 12079BR
* Leica Biosystems; Nußloch, Germany;
Trade Compliance Manager (Import-Export)
; Requisition ID: COR000633
* Linde; Stewartsville NJ;
Compliance Administrator
; Requisition ID: 916130
* Lumber Liquidators; Toano VA;
Compliance Auditor
; Requisition ID: 913
* Lutron; Coopersburg PA;
Trade Manager-Export
; Requisition ID: 2926
* Lutron; Coopersburg PA;
Trade Compliance Coordinator
; Requisition ID: 2834
* Medtronic; Heerlen, The Netherlands;
Trade Compliance Analyst
; 16000DYY
* Meggitt Advanced Composites Limited; Shepshed, UK;
Trade Compliance Officer
; Requisition ID: 22122
* Meggitt Control Systems; North Hollywood CA;
Trade Compliance Officer
;
jenn.avritt@meggitt.com
; Requisition ID: 23720
* Meggitt PLC; Los Angeles CA;
Export Control/Trade Compliance Administrator
; Requisition ID: 22591
* Meggit PLC; Los Angeles CA;
Trade Compliance Officer
* Merck KGaA; South West England, UK;
Trade Compliance Specialist
; Requisition ID: 153405
* Moog; East Aurora NY;
Export Compliance Manager
;
anihill@moog.com
; Requisition ID: 161913
* North Dakota State University; Fargo, ND;
Research Integrity and Compliance Administrator-Export Control
; Requisition ID: 1600266
* Northrop Grumman Technology Services Sector, Advanced Defense Services (ADS) Division; International Posting (Saudi Arabia);
Manager International Trade Compliance 1
(Saudi Arabia); Requisition ID: 16003577
* Northrop Grumman Corporation; Annapolis Junction MD;
International Trade Compliance Analyst 4
; Requisition ID: 16028623
* Northrop Grumman Corporation; Falls Church VA;
International Trade Compliance Analyst 3/4
; Requisition ID: 16026961
* Northrop Grumman Corporation; Falls Church VA;
International Trade Compliance Analyst 3/4
; Requisition ID: 16027133
* Northrop Grumman Corporation; Herndon VA;
International Trade Compliance Analyst 4
; Requisition ID: 16027421
# Northrop Grumman Corporation; Linthicum MD;
Anti-Corruption Due Diligence Analyst 3/4
; Requisition ID: 16029905
* Northrop Grumman Corporation; Linthicum MD;
International Trade Compliance Analyst 1
; Requisition ID: 16028160
* Northrop Grumman Corporation; Redondo Beach CA;
International Trade Compliance Analyst 4
; Requisition ID: 16024309
* Northrop Grumman Corporation; San Diego CA;
International Trade Compliance Analyst 2
; Requisition ID: 16028561
* Northrop Grumman Sperry Marine; New Malden, UK;
Trade Compliance Coordinator
; Apply via
careers.uk@sperry.ngc.com
* NXP Semiconductors; Nijmegen, The Netherlands;
Export Control Officer, Requirements Manager
; R-10001504
* Pall Corporation; Portsmouth, UK;
Trade Compliance Specialist
; Requisition ID: SHA000201
* Parexel; Buenos Aires, Argentina;
Trade Compliance Specialist
; Requisition ID: pare-10055899
# Questrade; Toronto ON, Canada;
Compliance Analyst, Trade Conduct Compliance
; Requisition ID: 724
* Raytheon; Arlington VA;
Export Licensing Manager I
; Requisition ID: 87321BR
* Raytheon; Cambridge MA;
Export Compliance Agreement Owner
; Requisition ID: 87607BR
* Raytheon; El Segundo CA or McKinney TX;
Sr. Manager, Global Trade
; Requisition ID: 90829BR
* Raytheon; Fullerton CA;
Global Trade Compliance Manager
; Requisition ID: 85521BR
* Raytheon; Indianapolis IN;
Principal SC Compliance Specialist
; Requisition ID: 84932BR
* Smith and Wesson; Springfield MA;
International Sales Administrator
; Requisition ID: SCB-1223
* State Department; Wash DC;
Supervisory Compliance Specialist
; Requisition ID: HRSC/T/PM-2017-0003
* Tenneco; Edenkoben, Germany;
Global Trade Compliance Manager (m/w)
; Requisition ID: 176871-846
* Tesla Motors; Fremont CA;
International Tax Lead/Senior International Tax Counsel
; Requisition ID: 35593
* Tesla Motors; Fremont CA;
Global Trade Compliance Manager
; Requisition ID: 40738
* Tesla Motors; Fremont CA;
Global Supply Manager – Logistics
; Requisition ID: 38153
* Tesla Motors; Fremont CA;
Group Manager – Logistics Sourcing
; Requisition ID: 38574
* Textron Systems; Wilmington MA;
Principal Export Compliance Analyst
; Requisition ID: 242857
* Thales; Piscataway NJ;
Manager, Trade Compliance
; Requisition ID: R0012077
* Thales; Piscataway NJ;
Trade Compliance Specialist/Facility Security Officer
; Requisition ID: R0012102
* ThermoFisher Scientific; Madison WI;
Import/Export Compliance Coordinator
; Requisition ID: 41440BR
* ThermoFisher Scientific; Matamoros, Mexico;
Import/Export Supervisor
; Requisition ID: 39750BR
* ThermoFisher Scientific; Shanghai, China;
Compliance Director, Greater China
; Requisition ID: 38520BR
* ThermoFisher Scientific; Shanghai, China;
Trade Compliance Specialist
; Requisition ID: 42144BR
* ThermoFisher Scientific; Shanghai, China;
Trade Compliance Specialist – CMC
; Requisition ID: 42143BR
* Toyota; Dallas TX;
Export Control Analyst
; Requisition ID: TMS003DS
* Tractor Supply Company; Brentwood TN;
Customs Process Manager
;
nknott@tractorsupply.com
; Requisition ID: 16-986
* Troy Corporation; Florham Park NJ;
Global Trade and Compliance Manager
; Requisition ID: 306
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
International Trade Compliance Auditor
; Requisition ID:
34285BR
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Program Manager, Customs
; Requisition ID:
31331BR
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Specialist, ITC IT Systems
; Requisition ID: 33792BR
* United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Sr Mgr, Intl Trade Compl
; Requisition ID: 30525BR
* United Technologies Corporation, UTC Aerospace Systems; Windsor Locks CT;
ITC Investigator
; Requisition ID: 28069BR
* XPO Logistics; Greenwich CT;
Global Trade Compliance Analyst
* * * * * * * * * * * * * * * * * * * *

ENEDITOR’S NOTES

(Source: Editor) 

 
*
J. Edgar Hoover (John Edgar Hoover, 1 Jan 1895 – 2 May 1972, was the first Director of the Federal Bureau of Investigation (FBI) of the United States, where he remained director until his death in 1972, aged 77.)

  – “Just the minute the FBI begins making recommendations on what should be done with its information, it becomes a Gestapo.”

 

*
Victor Borge (Børge Rosenbaum, 3 Jan 1909 – 23 Dec 2000), was a Danish and American comedian, conductor, and pianist who achieved great popularity in radio and television in the United States and Europe. His blend of music and comedy earned him the nicknames “The Clown Prince of Denmark,” and “The Great Dane.”)

  – “Santa Claus has the right idea – visit people only once a year.”

 

*
J. R. R. Tolkien (John Ronald Reuel Tolkien, 3 Jan 1892 – 2 Sep 1973, was an English writer, poet, philologist, and university professor who is best known as the author of the classic high-fantasy works,
The Hobbit,
The Lord of the Rings, and
The Silmarillion.)

  – “Still round the corner there may wait; A new road or a secret gate.”

 

Monday was pun day:

 

A duck walks into a pharmacy and says, “I need some Chap Stick.  Please put it on my bill.”

  — Jerry Dingus, Newport News, VA

 

Q. Who are the good money managers mentioned in the Bible?

A. Noah, who was floating his stock when everyone else was in liquidation, and Pharaoh’s daughter, who went to the bank of the Nile and drew out a little prophet.

  — Mary Hazel, San Jose, CA 

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

EN_a316
. 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: 27 Dec 2016: 81 FR 94971-94974: Commerce Control List: Updates Based on the 2015 and 2016 Nuclear Suppliers Group (NSG) Plenary Meetings; Conforming Changes and Corrections to Certain Nuclear Nonproliferation (NP) Controls; 81 FR 94962-94963: Burma: Amendment of the Export Administration Regulations Consistent With an Executive Order That Terminated U.S. Government’s Sanctions; and 81 FR 94963-94971: Russian Sanctions: Addition of Certain Entities to the Entity List, and Clarification of License Review Policy 

  
*
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 (9 Mar 2016) of Bartlett’s Annotated FTR (“BAFTR”), by James E. Bartlett III, is available for downloading in Word format. The BAFTR contains all FTR amendments, FTR Letters and Notices, a large Index, and footnotes containing case annotations, practice tips, and Census/AES guidance.  Subscribers receive revised copies every time the FTR is amended. The BAFTR is available by annual subscription from the Full Circle Compliance website.  BITAR subscribers are entitled to a 25% discount on subscriptions to the BAFTR.
 
*
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA)
, 1 Jan 2017: 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: 1 Jan 2017: 2017 Basic HTS 
  – 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: 3 Jan 2017 (effective 31 Dec 2016): 82 FR 15-19: International Traffic in Arms Regulations: International Trade Data System, Reporting
  – The only available fully updated copy (latest edition 3 Jan 2017) 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, 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 of this newsletter 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.

Scroll to Top