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17-0120 Friday “The Daily Bugle”

17-0120 Friday “Daily Bugle”

Friday, 20 January 2017

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

[No items of interest noted today] 

  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. State/DDTC Announces DECCS Batch Licensing Application Submission Release v2.0
  4. UK/BIS ECO Updates 16 Open Licenses 
  1. Defense News: “Defense Industry Hopeful Trump Will Pick Up Obama’s Legacy of Export Control Reform”
  2. ST&R Trade Report: “Dates and Deadlines: Valuation, Import Compliance, TSCA Certification, Supply Chains”
  3. ST&R Trade Report: “Sanctions on U.S. Exports Likely to Fall with Decrease in AD/CV Duty Distributions”
  1. B. Gevers, M. Gajewski Barnhill & J. Vankerckhoven: “Modernization of the EU export control system: What’s next? (Part I)”
  1. Friday List of Approaching Events
  1. Eric Hirschhorn and Kevin Wolf Leave Department of Commerce
  2. Steve Emme Moves from BIS to Akin Gump
  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 (19 Jan 2017), FACR/OFAC (17 Jan 2017), FTR (15 May 2015), HTSUS (1 Jan 2017), ITAR (10 Jan 2017)

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1


[No items of interest noted today]
 

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

OGSOTHER GOVERNMENT SOURCES

OGS_a11. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register

* Commerce; RULES; Entity List [Publication Date: 25 January 2017.]
 
* Commerce; RULES; Updated Statements of Legal Authority for the Export Administration Regulations [Publication Date: 23 January 2017.]
 
* Commerce; NOTICES; Meetings [Publication Date: 23 January 2017.]:
  – Information Systems Technical Advisory Committee
  – Sensors and Instrumentation Technical Advisory Committee

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OGS_a33
. State/DDTC Announces DECCS Batch Licensing Application Submission Release v2.0

 
Industry users that use the batch submission process in DTrade are invited to schedule an individual meeting with DDTC’s technical project team to discuss how the batch process will work with upcoming DDTC changes to its systems and forms in calendar year 2017. Conference calls will be 1 hour each, with time slots available daily from 11am-1pm EST., starting January 17, 2017 – February 17, 2017. To reserve a time slot with DDTC’s technical project team, contact the DDTC Helpdesk at 202-663-2838. DDTC requests that questions be submitted to the technical project team 48 hours prior to the meeting.

  – Specification Document for batch Submission

Web Notices can be located at http://www.pmddtc.state.gov/. Updates and communications regarding the IT Modernization effort can be found under Outreach and then the IT Modernization Outreach page.

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

OGS_a4
4. UK/BIS ECO Updates 16 Open Licenses

(Source: UK/BIS ECO)   
 
The Export Control Organization has updated and amended 13 open general export licenses (OGELs), two open general transshipment licenses (OGTLs) and an open general trade control license (OGTCL). Changes are detailed in the table to be found at here.
 
These changes are being made for a number of reasons: as a result of a planned update to the Military List, in order to reflect the removal of EU sanctions on Ivory Coast and Liberia and also to make a number of other corrections to destinations as specified in the table below. All licenses have been updated to refer to the new Department for International Trade, of which Export Control Organization now forms a part.
 
The updated OGELs have been published and are accessible as listed in the table below. The licenses are dated 20 January 2017. However, to give exporters time to absorb the changes, these new licenses will not come into force until 31 January 2017.
 
The previous OGELs will remain in force until 23:59 on 30 January. You should refer to the current OGELs until 30 January. After this date you will need to refer to the updated license.
 
If you no longer meet the terms and conditions of a particular license because the nature of the goods or destinations has changed then you will need to de-register from the license via SPIRE.
 
If the goods are no longer subject to export controls (i.e. listed under a Control List rating code heading), then you no longer need to apply for a license for the particular rating code specified. However, you will still need to complete an annual return at the end of the calendar year in December.
 
Further information about OGELs is published on GOV.UK.
 
[Editor’s Note: The following Open Licenses are updated:
 
  (1) OGEL (technology for military goods)  
  (2) OGEL (military goods: for demonstration)     
  (3) OGEL (export after exhibition or demonstration: military goods)
  (4) OGEL (export after repair/replacement under warranty: military goods)       
  (5) OGEL (export for repair/replacement under warranty: military goods)
  (6) OGEL (software and source code for military goods)        
  (7) OGEL (military surplus vehicles)
  (8) OGEL (historic military goods)   
  (9) OGEL (access overseas to software and technology for military goods: individual use only)      
  (10) OGEL (PCBs and components for military goods)  
  (11) OGEL (military and dual-use goods: UK forces in embargoed destinations) 
  (12) OGEL (military and dual-use goods: UK forces in non-embargoed destinations)
  (13) OGTCL (maritime anti-piracy)  
  (14) Open General Transhipment License 
  (15) Open General Transhipment License (Sporting Guns)     
  (16) OGEL (Cryptographic Development)  
 
The updated licenses can be found here.]

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NWSNEWS

NWS_a15
. Defense News: “Defense Industry Hopeful Trump Will Pick Up Obama’s Legacy of Export Control Reform”

 
As US President Donald Trump takes office on Jan. 20, the defense industry will be looking for him to build on one of the Obama administration’s wonkiest accomplishments: the quiet but sweeping overhaul of the many regulations that control weapons exports.
 
The goal of the administration’s export control reform effort was to simplify the US Munitions List (USML) – which enumerates the defense articles that are controlled by the State Department under the International Traffic in Arms Regulations (ITAR) – by moving items to Commerce Department control, resulting in less paperwork and a faster approval process.
 
As of 2016, all USML categories, with the exceptions of firearms, ammunition and artillery, have gone through the reform process, and the State Department has started its second review of the list.
 
For the defense aviation industry, the impact has been dramatic. State Department licenses for items classified by the USML as “aircraft and related items” have downsized by about two thirds, said Rob Hart, who works at the State Department’s Office of Defense Trade Controls Policy, which implements the initiative.
 
  “The administration was very clear to try to lessen, or even eliminate if possible, the burden on supplier companies that were having to try to navigate ITAR-level restrictions on essentially commercial technology, simply because of definitions,” said Remy Nathan, Aerospace Industries Association’s vice president of international affairs.
 
For example, lumping all technology on a military aircraft onto the USML sometimes made it less attractive for foreign nations to buy replacement parts from US manufacturers, especially for components that had commercial or foreign substitutes.
 
  “You would see the license, and the value would be a few bucks. It would cost them more to get the license than it does to actually [buy the product],” Hart said.
 
The effort, which began in 2009, required collaboration between officials at the State, Defense and Commerce departments, as well as input from Congress and industry. The first two sections of the USML to undergo revisions were aircraft and gas turbine engines.
 
  “We went from this generic language for military applications that kind of captured everything and treated everything the same way to articulating the end items, the systems, the parts and components that we actually care about,” Hart said.
 
The most sophisticated, advanced and classified aircraft – like the B-21 and B-2 bombers and F-35 Joint Strike Fighter- and all of their related systems and components remain completely controlled under ITAR. But older and commercial-derived aircraft saw many parts and systems move to the Commerce Control List (CCL).
 
On an F-16, for example, the State Department still facilitates sales of the aircraft itself, its engines, mission systems, computers, radar and other critical equipment. But most items related to spare parts – everything from the wings and fuselage to hydraulic hoses and cockpit knobs – as well as products common in commercial aerospace, such as aircrew safety equipment, are now licensed under the simpler CCL process.
 
Some sales further benefit from the Commerce Department’s newly introduced Strategic Trade Authorization, which allows the US to export a controlled item to 36 close allies and partners without needing a license for every transaction, Hart said.
 
Although there is still work to be done, the reform initiatives have been beneficial, especially at the supplier level, Nathan said. But those same companies were also put under the most stress as they implemented changes to their product management and IT systems to differentiate between ITAR-controlled products and those under the CCL.
 
  “They had to figure out the new system. The old system was easy to understand, but you ended up with over-control. The new system is more of a challenge to understand, but once you understand it once, you’re good,” he said.
 
Large companies or companies that already do commercial sales, such as Boeing, had an easier time adjusting. Kathryn Greaney, Boeing’s vice president of global trade controls, told Defense News that the firm was poised to address changes in the export control regime because of its experience dealing with both State and Commerce controls.
 
  “While there was clearly some careful work done to make the transition, we feel it’s gone smoothly. We continue to work with the US government, when needed, to clarify any questions that come up, and that process has worked very well,” she said. Meanwhile, “the resulting changes to the regulations have seen increased efficiency in the export of certain parts and components to customers in friendly and allied countries.”
 
The Future of Export Control
 
Real estate mogul Donald Trump ascended to the presidency in part because of his background in business and promises to bring jobs and economic growth to the country. Now that the Trump administration has taken control of the White House, advocacy groups like the Aerospace Industries Association want to see the new president do even more to enable sales of military aircraft.
 
  “There is certainly room to advance the incoming administration’s agenda by tacking this otherwise highly technical seeming issue,” Nathan said. “I think that they’ll find that continued action on it is going to offer significant job creation in the US. The US aerospace and defense industry consistently generates the largest manufacturing trade surplus, and we’re capable of doing more provided that the technology controls are appropriate.”
 
For weapons programs that are developed with significant international buy-in, like the F-35, it may make sense for the State Department to move away from approving each and every transaction, Nathan said. Instead, the department could issue a “program license” that would draw an overarching regulatory framework and allow certain countries a license exemption, much like the Strategic Trade Authorization.
 
The department could also consider other license exemptions for items like repair or replacement parts still on the USML, or for articles that will be used in support of US government activities, he said.

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NWS_a2
6. ST&R Trade Report: “Dates and Deadlines: Valuation, Import Compliance, TSCA Certification, Supply Chains”

 
Following are highlights of regulatory effective dates and deadlines and federal agency meetings coming up in the next week.
 
  – Jan 23: effective date of USDA final rule allowing imports of fresh lemons from northeast Argentina
  – Jan 25: meeting of ITA’s Advisory Committee on Supply Chain Competitiveness
  – Jan 25: deadline for comments to FTZ Board on production authority request for industrial pipe facility
  – Jan 26: effective date of CBP final rule on TSCA certification filing
  – Jan 26: effective date of CBP final rule harmonizing vehicle import documentation requirements

  – Jan 27: effective date of FMC final rule revising rules of practice and procedure  

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NWS_a3
7. ST&R Trade Report: “Sanctions on U.S. Exports Likely to Fall with Decrease in AD/CV Duty Distributions”
 
U.S. Customs and Border Protection has posted to its website its annual report on activities pursuant to the Continued Dumping and Subsidy Offset Act, also known as the Byrd Amendment. The CDSOA was repealed in 2005 but continues to allow the distribution to affected domestic producers of antidumping and countervailing duty revenues on entries of goods made prior to Oct. 1, 2007.
 
Duties Disbursed.
A total of $46.3 million in AD/CV duties was disbursed in FY 2016, down from $87.7 in FY 2015. As a result, the amount of World Trade Organization-authorized retaliatory sanctions imposed by U.S. trading partners on U.S. exports should decrease further; click here for more information.
 
Uncollected Duties.
The amount of AD/CV duties on CDSOA eligible entries filed prior to Oct. 1, 2007, and liquidated during FY 2016 that went uncollected totaled $7.49 million, down 90 percent from FY 2015. Tapered roller bearings from China accounted for the majority of this amount ($6.3 million), followed by fresh garlic from China ($649,072), forged stainless steel flanges from India ($279,873) and preserved mushrooms from China ($135,929).
 
Duties Remaining in Clearing Account.
A total of $29.4 million in AD duties and $1.66 million in CV duties filed with the entry prior to Oct. 1, 2007, on CDSOA eligible cases remained in the CDSOA clearing account as of Oct. 1, 2016, down from $38.5 million and $1.93 million, respectively, from the previous year. Individual cases with the highest amounts included honey from China ($5.97 million), ironing tables and parts thereof from China ($3.61 million), crawfish tail meat from China ($2.42 million), fresh garlic from China ($1.82 million),
 
petroleum wax candles from China ($1.48 million), and wooden bedroom furniture from China ($1.39 million).
 
CBP notes that funds do not transfer from the clearing account to the special account for distribution until liquidation occurs.
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COMMCOMMENTARY

COMM_a1
8. B. Gevers, M. Gajewski Barnhill & J. Vankerckhoven: “Modernization of the EU export control system: What’s next? (Part I)”

 
* Authors: Bert Gevers, Esq., Loyens & Loeff Brussels, bert.gevers@loyensloeff.com,
+32-2-743-4343;
Megan Gajewski Barnhill, Esq., Bryan Cave Washington DC, megan.gajewskibarnhill@bryancave.com, 202-508-6302; and Jochen Vankerckhoven, Esq., Loyens & Loeff Brussels, jochen.vankerckhoven@loyensloeff.com.
 
[Editor’s Note:  This is the first part in a series of items concerning this subject, part 2 will be posted in Monday’s Daily Bugle.]

On 28 September 2016 the EU Commission published its proposal for a modernization of the EU export control system (see also our previous post). Although the adoption of the proposal by the Commission is the end result of an extensive consultation process, it is only the first step in the EU legislative process which not only includes the submission to the European Parliament and the Council, but also to the national parliaments and the EU advisory committees. [FN/1] Ultimately, this process could lead to the adoption (or rejection) of the proposal by the EU Council and Parliament. During this process, the proposal will remain open to amendments. How long the legislative process will eventually take is difficult to predict, although one could expect that ‘adoption day’ is presumably not to be expected before the end of 2017 with the Regulation entering into force Spring 2018.
 
The EU Commission will in the meantime continue to reach out to all stakeholders. After the publication, the Commission organized a Civil Society Dialogue to present its proposal and it will host a Dual Use Forum in December with the purpose to discuss the headlines of the proposal in more detail.
 
During the legislative process, we will highlight in this blog some of these key features in order to understand what is actually behind concepts like ‘human security’, ‘optimized licensing architecture’ and ‘convergence of controls’. When it is useful to this understanding, we will make links to the US export control system.
 
As mentioned in earlier posts (see among other the Recast of the Dual-Use Regulation series and Export Controls as a toolbox for human rights policy) by introducing these new controls, the Commission is responding to calls from the Parliament and the Commission to address concerns about the proliferation of cyber-surveillance technologies that could be misused in violation of human rights and could threaten the EU’s digital infrastructure.
 
The proposal tackles these concerns via a twofold approach:
 
  – Introduction of cyber-surveillance technology as a new category of dual use items; and
  – Broadening the scope of the catch-all controls.
 
How is cyber surveillance technology now embedded in the Proposal?
 
First of all, cyber surveillance technology is explicitly added to the definition of dual use items in article 2 (1) of the Proposal which states:
 
Dual use items shall mean items including software and technology which can be used for both civil and military purposes and shall include:
 
(a)…
 
(b) cyber surveillance technology which can be used for the commission of serious violation of human rights or international humanitarian law , or can pose a threat to international security or the essential security interests of the Union and its Member States.  
 
Furthermore a definition of cyber surveillance technology itself is inserted in article 2 (20) of the Proposal:
 
Cyber surveillance technology shall mean items specifically designed to enable the covert intrusion into information and telecommunication systems with a view to monitoring, collecting and analyzing data and/or incapacitating or damaging the targeted system. This includes items related to the following technology and equipment:
 
– mobile telecommunication interception equipment
– intrusion software
– monitoring centers
– lawful interception systems and data retention systems
digital forensics
 
Compared to the leaked draft (see earlier post) it should be noted here that certain technologies have been removed from this non-exhaustive list (e.g. biometrics, location tracking devices, probes and deep package inspection systems).
 
This insertion, as such, is not a revolution as many of those technologies are already included in Annex 1 of the Dual Use regulation as part of the EU’s adherence to the Wassenaar Arrangement (see for example intrusion software or mobile telecommunications interception equipment).
 
The only items which are actually added to Annex 1 in the Proposal are inserted in the brand new Category 10 (“other items of cyber-surveillance technology”). It concerns de facto
 
surveillance systems, equipment and components for ICT (Information and Communication Technology) for public networks where the destination lies outside the customs territory of the European Union and outside of Part 2 of Section A of Annex II to this Regulation (e.g. Australia, Canada, Iceland, Japan, New Zealand, Norway, Switzerland, Liechtenstein, United States of America), and namely:
 
a. Monitoring Centres (Law Enforcement Monitoring Facilities) for Lawful Interception Systems (LI, for example according to ETSI ES 201 158, ETSI ES 201 671 or equivalent specifications or standards) and specially designed components therefor,
 
b. Retention systems or devices for event data (Intercept Related Information IRI, for example, according to ETSI TS 102 656 or equivalent specifications orstandards) and specially designed components therefor. [FN/2]
 
These new items of Category 10 (which include also specially designed software and technology) are very specific and mostly used by or destined for law enforcement agencies and intelligence agencies. As such, the addition of these items to the list of controlled dual use items, will likely not result in serious competitive disadvantages for EU exporters. The EU cyber-technology industry is more afraid of the inclusion of human rights considerations in the catch-all disposition (i.e. a license requirement for items not listed in Annex 1), but we will come back to this in detail in one of our future posts.
 
With respect to the cyber surveillance technologies listed in Annex 1, the question remains whether it is wise for the EU to -unilaterally- include cyber-surveillance items that are not covered by the Wassenaar Arrangement and more in general whether the imposition of controls on these technologies does not hinder their effective use. In that respect it is worth referring to the discussions that took place in the framework of the adoption of controls on intrusion software (as agreed within Wassenaar) whereby the industry indicated that license requirements would hinder the effective (and thus immediate) use of legitimate computer security technology in case of cyber-attacks. As a consequence the competent US authority BIS issued a proposed rule on the inclusion of intrusion software to implement the conclusions of the December 2013 Wassenaar Arrangements. BIS received multiple comments from the industry and has not yet implemented the rule. Despite the concept of ‘human security’ it remains at the end of the day always a policy choice between national security and human rights considerations.
 
————-  
  [FN/1] We understand that neither the Committee of the Regions nor the European and Social Committee are currently preparing an opinion on the proposal. National parliaments will have until the 25 November to raise subsidiarity concerns.
  [F/N2] Note that the EU Commission has inserted a decontrol note for items with the following purposes: billing; data collection functions within network elements; quality of service of the network; user satisfaction; and operation at telecommunications companies in order to exclude more common used retention systems or devices for event data.

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TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a29
. 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 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 25: Webinar; “
Import Compliance Bootcamp;”
Sandler, Travis & Rosenberg, P.A.;
webinarorganizers@strtrade.com

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

* Jan 26: Webinar; “Best Practices in Import Compliance Management;” Professional Association of Exporter and Importers, and Tuttle Law Offices

* Jan 31-Feb 1: Houston TX; “
Foreign Corrupt Practices Act
;” American Conference Institute

* 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 1: Webinar; “FCPA: 2016 in Review;” Bryan Cave LLP

*
Feb 1: Webinar; “ITAR Hardware License Exemptions Explained;” ECTI; danielle@learnexportcompliance.com; 540-433-3977

* 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 Advanced Export Compliance Workshop;” 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 16: Webinar; “
The Fundamentals of Product Classification
;” ECTI;
danielle@learnexportcompliance.com
; 540-433-3977

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

* Feb 20; San Diego; “
AES Compliance Seminar in Spanish
;”Dept. of Commerce/Census Bureau;
itmd.outreach@census.gov 

* Feb 21: San Diego CA; “AES Compliance Seminar;” Dept. of Commerce/Census Bureau; itmd.outreach@census.gov 

* 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 Bureau; itmd.outreach@census.gov 

* 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 
*
Feb 27-Apr 3: Santa Ana CA; “
Import Compliance Training Program (Mondays 8am-11am)
;” California Global Trade Logistics Initiative, Orange County Center for International Trade
Development

* 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 itmd.outreach@census.gov 

* 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 itmd.outreach@census.gov 
* 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 10: Wash DC; “
AES Compliance Seminar
;” Dept. of Commerce/Census Bureau;
itmd.outreach@census.gov 

* 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 Bureau; itmd.outreach@census.gov 

* 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 Bureau; itmd.outreach@census.gov 
* 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 6: Nashville TN; “AES Compliance Seminar;” Dept. of Commerce/Census Bureau; itmd.outreach@census.gov 

* Sep 12-13: Annapolis MD; “ITAR/EAR Boot Camp;” spalmer@exportcompliancesolutions.com; 866-238-4018 / 410-757-1919

* Sep 12-13: Wash DC; “Interactive Export Controls Workshop;” ECTI; jessica@learnexportcompliance.com; 540-433-3977

* Sep 18-20: Las Vegas NV; “
Basics of Government Contracting
;” Federal Publications Seminars

* Oct 2-5: Columbus OH; “University Export Controls Seminar;” ECTI; jessica@learnexportcompliance.com; 540-433-3977

* Oct 12: Boston MA; “AES Compliance Seminar;” Dept. of Commerce/Census Bureau; itmd.outreach@census.gov 

* 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 Bureau; itmd.outreach@census.gov 

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

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


* Dec 12: Jersey City NJ; “
AES Compliance Seminar
;” Dept. of Commerce/Census Bureau;
itmd.outreach@census.gov 

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MSEX/IM MOVERS & SHAKERS

MS_a110
. Eric Hirschhorn and Kevin Wolf Leave Department of Commerce

(Source: Editor)

Eric Hirschhorn has stepped down from the position of Under Secretary of Commerce for Industry and Security after seven years in that position. He expects to remain involved in the field of export controls and embargoes and possibly prepare a 4th edition of his Export Control and Embargo Handbook. He also plans to expand his activities with the DC Bar and to work on projects with such institutions as The American Law Institute and the National Academy of Public Administration. He can be reached at ELHirschhorn@gmail.com

Kevin Wolf, formerly Assistant Secretary of Commerce (Export Administration), also departed that position today. He expects to join a Washington, DC, law firm. Kevin Wolf’s new contact information will be furnished Monday.

 

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

MS_a211
. Steve Emme Moves from BIS to Akin Gump

(Source: Editor)
 
Steven Emme, who recently served for 5 years as Senior Advisor to the Assistant Secretary for Export Administration at BIS in the Commerce Department has moved to Akin Gump Strauss Hauer & Feld. Contact Steve at semme@akingump.com or 202-887-4368.

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

ENEDITOR’S NOTES

EN_a112. Bartlett’s Unfamiliar Quotations

(Source: Editor) 


* Bill Maher (William “Bill” Maher, 20 Jan 1956, is an American comedian, writer, producer, political commentator, actor, media critic, and television host.)
  – “I think capital punishment works great. Every killer you kill never kills again.”
  – “Everything that used to be a sin is now a disease.”
 
* George Burns (George Burns, born Nathan Birnbaum, 20 Jan 1896 – 9 Mar 1996, was an American comedian, actor, singer, and writer. He was one of the few entertainers whose career successfully spanned vaudeville, radio, film and television. His arched eyebrow and cigar-smoke punctuation became familiar trademarks for over three-quarters of a century. He and his wife, Gracie Allen, appeared on radio, television, and film as the comedy duo Burns and Allen.”
  – “I’d rather be a failure at something I love than a success at something I hate.”
  – “The most important things in life are honesty and sincerity. If you can fake that, you’ve got it made.”
 
Friday funnies:
 
A drunk goes ice fishing.  He staggers out on the ice, and is trying to cut a hole for his fishing line when he is startled by a booming voice from above, saying, “There are no fish there!”  So the drunk moves his chair and fishing gear to another part of the ice, and begins cutting a new hole when again the loud voice says, “There are no fish there either!”  “Who are you, God?” the drunk asks.  The voice answers, “No! I’m the manager of this ice rink!” 

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

EN_a213. 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: 19 Jan 2017: 82 FR 6218-6221: Amendments to the Export Administration Regulations Implementing an Additional Phase of India-U.S. Export Control Cooperation; and 82 FR 6216-6218: Support Document Requirements With Respect to Hong Kong 

  
*
FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR)
: 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders
  – Last Amendment: 17 Jan 2017: 82 FR 4793-4794: Sudanese 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 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: 10 Jan 2017: 82 FR 2889-2892: International Traffic in Arms Regulations: Revision of U.S. Munitions List Category XV
  – The only available fully updated copy (latest edition 15 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 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.

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