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17-0124 Tuesday “The Daily Bugle”

17-0124 Tuesday “Daily Bugle”

Tuesday, 24 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 
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  1. BIS/Commerce Submits Proposal For Collection Of Information Concerning Voluntary Self-Disclosures of EAR Violations
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.) 
  3. State/DDTC Posts Reminder on Batch Filing Process in DECCS Webinar on 31 Jan
  4. State/DDTC Posts Reminder on DTAS System Outage, 27-30 Jan
  5. UK/BIS ECO Posts Five Export Control Forms 
  1. CBC News: “Federal Court Denies Bid to Block Canada-Saudi Arabia Arms Deal”
  2. The New York Times: “Trump Abandons Trans-Pacific Partnership, Obama’s Signature Trade Deal”
  3. ST&R Trade Report: “Trump Withdraws U.S. from Trans-Pacific Partnership”
  1. N. Yousef, S. Grider & K. Zelnick: “Top 10 Takeaways from the Easing of Sudan Sanctions” 
  2. T.J. McCarthy, T.R. Savio & R.M. Jones: “New Requirements for Exports and Reexports to and from Hong Kong: BIS Requires Exporters and Reexporters to Confirm Compliance with Hong Kong Import and Export Controls”
  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 (23 Jan 2017), FACR/OFAC (17 Jan 2017), FTR (15 May 2015), HTSUS (1 Jan 2017), ITAR (11 Jan 2017) 

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a11. BIS/Commerce Submits Proposal For Collection Of Information Concerning Voluntary Self-Disclosures of EAR Violations

 
82 FR 8177: Submission for OMB Review; Comment Request; Voluntary Self-Disclosure of Violations of the Export Administration Regulations
 
The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Agency: Bureau of Industry and Security.
    Title: Voluntary Self-Disclosure of Violations of the Export
Administration Regulations.
    Form Number(s): N/A.
    OMB Control Number: 0694-0058.
    Type of Review: Regular submission.
    Estimated Total Annual Burden Hours: 3,880.
    Estimated Number of Respondents: 388.
    Estimated Time per Response: 10 hours.
    Needs and Uses: This collection of information is needed to detect violations of the Export Administration Act and Regulations, and determine if an investigation or prosecution is necessary and to reach a settlement with violators.
    Affected Public: Business or other for-profit organizations.
    Frequency: On occasion.
    Respondent’s Obligation: Voluntary.
    This information collection request may be viewed at reginfo.gov http://www.reginfo.gov/public/. Follow the instructions to view
Department of Commerce collections currently under review by OMB.
    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@omb.eop.gov.
 
Sheleen Dumas, PRA Departmental Lead, Office of the Chief Information Officer.

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OGS
OTHER GOVERNMENT SOURCES

OGS_a12. Ex/Im Items Scheduled for Publication in Future Federal Register Editions

(Source: Federal Register)
 
* President; ADMINISTRATIVE ORDERS; Trade: Trans-Pacific Partnership Negotiations and Agreement; United States Withdrawal (Memorandum of January 23, 2017) [Publication Date: 25 January 2017.]
 
* Foreign Assets Control Office; Notice; Blocking or Unblocking of Persons and Properties [Publication Date: 25 January 2017.]

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OGS_a23. Commerce/BIS: (No new postings.)

(Source: Commerce/BIS)
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OGS_a34.

State/DDTC Posts Reminder on Batch Filing Process in DECCS Webinar on 31 Jan

 
The webinar will provide an overview of the batch filing process in DECCS release 2, future batch filing process in release 3 and question and answer session. The webinar will be held on Tuesday, January 31, 2017 from 2:30 p.m. (EST) to 3:30 p.m. (EST). DDTC requests questions be submitted prior to the webinar to
pm_ddtcprojectteam@state.gov to ensure answers can be provided during the webinar. Click
here for more information.     
 

To join the webinar go to here, enter your Name and click Enter Room. Note: The webinar will allow for 100 participants. If you are unable to join the webinar session but would like to join via the conference line call 877-336-1829; Access Code: 730 766. 

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OGS_a45. State/DDTC Posts Reminder on DTAS System Outage, 27-30 Jan

(Source:
State/DDTC)
 
The DTAS information systems will be unavailable from Friday, January 27th, 2017 at 6:00PM through January 30th, 2017 for scheduled routine maintenance and a power outage over the weekend. The DTAS systems will be available at 6:00AM on Monday, January 30th, 2017.

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OGS_a66. UK/BIS ECO Posts Five Export Control Forms

(Source:
UK/BIS ECO)
 
UK/BIS Export Controls Organisation (ECO) has posted five export control forms on its website. The following documents have been posted:
 
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MSNEWS

MS_a1
7.

CBC News: “Federal Court Denies Bid to Block Canada-Saudi Arabia Arms Deal”

(Source:
CBC News) [Excerpts.]
 
The Federal Court has rejected a bid by Montreal professor Daniel Turp to block Canada’s $15-billion sale of light-armoured vehicles to Saudi Arabia.
 
In a 28-page decision by Justice Danièle Tremblay-Lamer, the court ruled the minister of foreign affairs has broad discretionary powers to grant export permits.
 
  “In the impugned decision, the minister considered the economic impact of the proposed export, Canada’s national and international security interests, Saudi Arabia’s human rights record and the conflict in Yemen before granting the export permits, thereby respecting the values underlying the conventions,” it reads.
 
  “The role of the court is not to pass moral judgment on the minister’s decision to issue the export permits, but only to make sure of the legality of such a decision.”
 
Turp, a former Bloc Québécois MP and Parti Québécois MNA, argued the federal government’s decision to allow the export permits does not meet the legal requirements under the Export and Import Permits Act and the Geneva Conventions Act, according to the federal court summary of the case. …

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NWS_a28.

The New York Times: “Trump Abandons Trans-Pacific Partnership, Obama’s Signature Trade Deal”

 
President Trump upended America’s traditional, bipartisan trade policy on Monday as he formally abandoned the ambitious, 12-nation Trans-Pacific Partnership brokered by his predecessor and declared an end to the era of multinational trade agreements that defined global economics for decades.
 
With the stroke of a pen on his first full weekday in office, Mr. Trump signaled that he plans to follow through on promises to take a more aggressive stance against foreign competitors as part of his “America First” approach. In doing so, he demonstrated that he would not follow old rules, effectively discarding longstanding Republican orthodoxy that expanding global trade was good for the world and America – and that the United States should help write the rules of international commerce.
 
Although the Trans-Pacific Partnership had not been approved by Congress, Mr. Trump’s decision to withdraw not only doomed former President Barack Obama’s signature trade achievement, but also carried broad geopolitical implications in a fast-growing region. The deal, which was to link a dozen nations from Canada and Chile to Australia and Japan in a complex web of trade rules, was sold as a way to permanently tie the United States to East Asia and create an economic bulwark against a rising China. …

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NWS_a3
9.

ST&R Trade Report: “Trump Withdraws U.S. from Trans-Pacific Partnership”

 
President Trump reportedly signed Jan. 23 a presidential memorandum fulfilling a campaign pledge to withdraw the United States from the Trans-Pacific Partnership. Trump’s action appears to ensure that the TPP, which was signed nearly a year ago, will not take effect because U.S. participation was essential to its implementation. However, press reports indicate that Trump has signaled his openness to negotiating individual free trade agreements with TPP members and other countries.  …

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COMMCOMMENTARY

COMM_a110. N. Yousef, S. Grider & K. Zelnick: “Top 10 Takeaways from the Easing of Sudan Sanctions”

 
* Authors: Nabeel Yousef, Esq.,
nabeel.yousef@freshfields.com, 202-777-4563; Stuart Grider, Esq.,
stuart.grider@freshfields.com, +44 20 7716 4276 (UK); and Kimberly Zelnick, Esq.,
kimberly.zelnick@freshfields.com, 212-277-4010. All of Freshfields Bruckhaus Deringer US LLP.
 
OVERVIEW
 
On January 13, 2017 President Obama issued Executive Order 13761 (the new Executive Order), which provides for the revocation of the US sanctions on Sudan that had been authorized by Executive Orders 13067 of November 3, 1997 and 13412 of October 13, 2006. The new Executive Order will lift these sanctions on July 12, 2017, on the condition that Sudan maintain sustained improvement in cooperating with the United States and other nations, providing humanitarian access and resolving internal armed conflict. In connection with the new Executive Order, the US Treasury Department’s Office of Foreign Assets Control (OFAC) issued a new general license in the Sudanese Sanctions Regulations (SSR) that authorizes all activity that had been prohibited under the authority of Executive Orders 13067 and 13412 and the SSR. Below we summarize 10 important implications of these changes.
 
WHAT HAS CHANGED?
 
(1) US activities that had been prohibited by the SSR are now authorized
 
Under the new general license, all activities by US persons prohibited by the SSR are authorized as of January 17, 2017. This change enables transactions by US persons or originating from the United States with individuals and entities in Sudan, permits trade with Sudan, unblocks property, opens access to the Sudanese oil and petrochemical industries, and authorizes US person participation in transactions between Sudan and third countries. Also as of January 17, 2017, payments to Sudan may be processed in US dollars (USD).
 
(2) The new general license takes the place of existing general licenses
 
The new general license replaces all general licenses issued under the SSR prior to January 17, 2017, meaning that previously-permitted actions will remain lawful, but now under the authority of the new general license. The new general license is broader in scope than many of the older general licenses issued under the SSR, so this change eliminates any narrower requirements under the old general licenses.
 
(3) The new general license replaces specific and TSRA licenses
 
The new general license also covers all transactions authorized under specific licenses issued under the SSR prior to January 17, 2017. This includes the export or re-export of agricultural commodities, medicine or medical devices, which previously required a specific license under the Trade Sanctions Reform and Export Enhancement Act (TSRA). The new, broader general license supersedes any narrower license requirements contained in previously-issued specific licenses, and current holders of specific licenses under the SSR need not renew or apply for a new specific license to continue to engage in activities prohibited by the pre-January 17, 2017 SSR. Under the new general license, however, exports or re-exports of agricultural commodities, medicine or medical devices must be shipped within 12 months of contracting to export or re-export such items to Sudan.
 
(4) More favorable policy for US export control licensing of certain aircraft- and railroad-related items
 
In conjunction with the new Executive Order, the Commerce Department’s Bureau of Industry and Security (BIS) published a revision to the Export Administration Regulations (EAR) on January 17, 2017 to create a more favorable policy for licensing less-sensitive aircraft- and railroad-related items going to non-sensitive end-users in Sudan. The amended rule covers certain items (1) intended to ensure the safety of civil aviation or the safe operation of fixed-wing, commercial passenger aircraft, or (2) for use to inspect, design, construct, operate, improve, maintain, repair, overhaul or refurbish railroads in Sudan. BIS had subjected license applications for such items to a general policy of denial but will now apply a general policy of approval. The policy of denial related to exports of complete aircraft to Sudan or exports for Sudan’s military, police or intelligence services remains unchanged.
 
Other US export control rules will continue to apply to US exports to Sudan, including re exports of US-origin goods from other countries to Sudan.
 
WHAT HAS NOT CHANGED?
 
(5) Darfur and South Sudan sanctions remain in force
 
The Darfur-related sanctions under Executive Order 13400 of April 27, 2006 and the Darfur Peace and Accountability Act of 2006 remain fully in place. The Darfur sanctions primarily concern blocking property of Specially Designated Nationals (SDNs). The Darfur sanctions authorize the designation of persons who contribute to the conflict in Darfur, including persons who contribute to the provision of arms, related materiel, assistance or training related to military activities to the Government of Sudan, persons in North, South, or West Darfur, or certain Sudanese military organizations. While the Darfur sanctions do not expressly prohibit such activity, any exports or sales to military purchasers anywhere in Sudan still present a risk. The US sanctions program on South Sudan also remains unaffected.
 
(6) Statutory requirements remain unchanged, including TSRA record-keeping
 
Substantially all other statutory prohibitions remain in place. These include counterterrorism and antidrug trafficking sanctions and certain provisions under TSRA. Importantly, TSRA continues to require that US persons maintain records of authorized transactions for at least five years.
 
(7) Enforcement and investigation of past SSR violations continue
 
The new general license does not affect the enforcement or ongoing investigation of any violation of the SSR that occurred prior to January 17, 2017. Since enforcement is based on the rules in place at the time of the conduct in question, any pre-January 17, 2017 sanctions violations remain violations, even if the conduct is now authorized under the new general license. This means, for example, that certifications or representations about sanctions compliance over the past five years may need to take into account the impact of the old rules on pre-January 17, 2017 activities.
 
(8) Money laundering, corruption and bribery concerns persist
 
Sudan is still a US-designated State Sponsor of Terrorism and the US Government has warned that corruption in Sudan is widespread, which facilitates criminal activity and money laundering. US and EU laws and regulations against money laundering, corruption and bribery remain in effect and will continue to be vigorously enforced. These legal and regulatory requirements include the compliance program, training, monitoring and reporting requirements of the Bank Secrecy Act (BSA) and the due diligence, customer identification and cooperation requirements of the USA Patriot Act. The EU’s Fourth Anti-Money Laundering Directive, which takes effect in June 2017, requires enhanced customer due diligence and will impose rules for dealing with politically exposed persons. The Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act will also continue to apply and prohibit corrupt payments extraterritorially.
 
WHAT’S NEXT?
 
(9) The suspended sanctions may terminate in six months, but not automatically
 
Whereas the broad new general license took effect on January 17, 2017, the new Executive Order does not formally terminate the relevant Sudan sanctions until July 12, 2017 and requires the Secretary of State to publish a notice in the Federal Register in advance of that date. For the time being, this means that the SSR’s prohibitions technically remain in place but activities formerly prohibited by it are now authorized.
 
(10) The new general license may remain in place for more or less than six months
 
The terms of the new general license do not include an expiration date, so the general license will remain in effect until the United States formally lifts the Sudan sanctions or until it is deleted from the SSR or otherwise modified. It is possible that the general license could be revoked at any time via an amendment to the SSR, even before July 12, 2017, or that the general license could remain in place after July 12, 2017 if the United States does not formally lift sanctions.
 
CONCLUSION
 
Over the next six months, as we approach the possible formal termination of these sanctions against Sudan, companies and individuals should consider the impact of these changes on ongoing and new business activities, as well as on current and prospective contractual provisions.
 
Our
Global Sanctions and Trade (GST) group will continue to monitor the situation closely and will provide additional updates on any significant further developments relating to sanctions or trade matters. 

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COMM_a211
T.J. McCarthy, T.R. Savio & R.M. Jones: “New Requirements for Exports and Reexports to and from Hong Kong: BIS Requires Exporters and Reexporters to Confirm Compliance with Hong Kong Import and Export Controls”

 
* Authors: Thomas J. McCarthy, Esq.,
tmmccarthy@akingump.com, 202-887-4047; Tatman R. Savio, Esq.,
tatman.savio@akingump.com, +85-2-3694-3015 (Hong Kong); and Rebekah M. Jones, Counsel,
rjones@akingump.com, +65-6579-9030 (Singapore). All of Akin Gump Strauss Hauer & Feld LLP.
 
Key Points 
 
  – Effective April 19, 2017, those planning to export or reexport to Hong Kong items subject to the Export Administration Regulations (EAR) under a license or license exception will generally need to receive from their clients or consignees before shipping a copy of the required Hong Kong import license or a written statement from the Hong Kong government that such a license is not necessary.
  – Also effective April 19, 2017, the EAR will generally prohibit the use of an EAR license or license exception to reexport from Hong Kong items subject to the EAR, unless the reexporter obtains a copy of the Hong Kong export license for such shipments or a written confirmation from the Hong Kong government that a license is not needed.
  – These new regulatory requirements apply to items subject to control under one of the four multilateral export control regimes, specifically those controlled in the EAR for national security (NS), missile technology (MT), nuclear nonproliferation (NP column 1), or chemical or biological weapons (CB) reasons.
 
On January 19, 2017, the Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule increasing compliance requirements associated with the export and reexport of items controlled under the EAR to and from Hong Kong. Specifically, the new rule requires that exporters and reexporters obtain from their customers or consignees, prior to shipment, a valid import license or written authorization from the Hong Kong government that no such license is required. Similarly, the rule also prohibits the reexport of EAR-controlled items from Hong Kong, unless the reexporter obtains an export license or other written authorization from the Hong Kong government.
 
The amendments to the EAR do not impose any new licensing burdens on exports or reexports that are in compliance with Hong Kong export and import control regulations. Rather, they leverage the EAR to effectively compel compliance with Hong Kong export and import control laws by requiring proof of compliance with Hong Kong law as a support document necessary for shipping under an EAR license or license exception. Concurrent with the publication of the final rule, BIS published
Frequently Asked Questions (FAQs), available on its website, which describe the purpose and effect of the new regulatory requirements.
 
This novel rule has a 90-day delayed effective date, which apparently is designed to give those affected by it time to ensure that their customers or consignees in Hong Kong are in compliance with existing Hong Kong export and import control laws and also to develop procedures to regularly provide the required Hong Kong licenses or other written confirmations. For those involved in controlled trade with Hong Kong, the failure of counterparties to provide documentation consistent with EAR requirements will likely result in delays and the possibility of penalties once the rule becomes effective.
 
Background on Export Controls Related to Hong Kong
 
Pursuant to the United States-Hong Kong Policy Act of 1992, the U.S. government treats Hong Kong and China as two separate destinations for export control purposes. Like the United States (and unlike China), Hong Kong’s list of items requiring a license to export is based on the lists created by the multilateral export control regimes, specifically the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Missile Technology Control Regime, the Nuclear Suppliers Group and the Australia Group. Because the Hong Kong control list and most of the U.S. Commerce Control List (CCL) are developed from the same sources, the lists have significant overlap in the items subject to control. Unlike the United States, Hong Kong requires that importers of items controlled by one of these regimes have a permit to do so.
 
Changes to Requirements for Exports and Reexports to Hong Kong
 
The changes to the EAR apply to items subject to the following reasons for control under the CCL: NS, MT, NP column 1 and CB. Under the rule, exporters and reexporters using EAR licenses or license exceptions to ship such items to Hong Kong must obtain a written authorization or copy of a valid import license from Hong Kong’s Trade and Industry Department (TID) prior to export. If no license is required, a copy of a “No License Required” (NLR) notification for the item or other written communication from the Hong Kong government will satisfy the requirement. These NLRs may be publicly available on the TID website. Analogous changes also affect reexporters using EAR licenses or license exceptions to export controlled items from Hong Kong. Specifically, such reexporters must obtain a valid TID export license or a written statement from the Hong Kong government that no export license is required before the reexport takes place.
 
While a valid TID license or NLR is required, it is not a precondition for application to BIS for a license. As clarified in BIS’s FAQs, exporters and reexporters may apply for licenses before receiving documentation of the requisite approval from the government of Hong Kong. However, the Hong Kong approval must be obtained before export or reexport. As noted above, these changes go into effect on April 19, 2017.
 
Significance and Impact of Changes
 
This rulemaking marks a step forward in BIS efforts to combat unauthorized diversions in transshipments through Hong Kong. In the recently published FAQs, BIS states that the rule is intended “to provide greater assurance that U.S. origin items that are subject to the multilateral control regimes . . . will be properly authorized by the United States to their final destination, even when those items first pass through Hong Kong.” Like other major trade hubs in the region, Hong Kong has been considered a problematic transshipment point for the United States. In the past, BIS has even published targeted guidance for exporters on conducting due diligence to prevent unauthorized transshipments through Hong Kong to China. The new rule appears to reinforce those enforcement priorities.
 
Notably, the new rule will essentially require those shipping EAR-controlled items to or through Hong Kong to justify their use of EAR licenses and license exceptions under Hong Kong standards. By lending the enforcement capabilities of the United States to the export and import control system of the government of Hong Kong in this way, the changes present a serious compliance risk for companies using EAR licenses and license exceptions in Hong Kong. These companies will now have to prove continued compliance with Hong Kong law as a matter of recordkeeping. While the changes do not add any licensing requirements under U.S. or Hong Kong laws, companies-particularly those that are unfamiliar with existing Hong Kong import and export license requirements-will nonetheless face an increased compliance burden when the new rule takes effect.
 
The new rule makes clear the U.S. government’s position that increasing compliance with TID licensing policy and requirements will further limit the unauthorized transshipment of EAR-controlled goods through Hong Kong. In the context of the new regulatory requirements, familiarity with the Hong Kong import and export system will greatly reduce burdens and delays for those entities that have, or expect to have, a significant volume or regular trade with Hong Kong in controlled items. We regularly advise companies engaged in export and import activities involving Hong Kong. We recommend that such companies assess their regulatory obligations under Hong Kong law and implement compliance protocols to ensure compliance with both Hong Kong and U.S. laws in light of these regulatory changes.

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ENEDITOR’S NOTES

(Source: Editor)

* Edith Wharton (born Edith Newbold Jones; 24 Jan 1862 – 11 Aug 1937, was a Pulitzer Prize-winning American novelist, short story writer, and designer. She was nominated for the Nobel Prize in Literature in 1927, 1928 and 1930.)
  – “There are two ways of spreading light: to be the candle or the mirror that reflects it.” 

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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: 23 Jan 2017: 82 FR 7641-7642: Updated Statements of Legal Authority for the Export Administration Regulations 

  
*
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 (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: 11 Jan 2017: 82 FR 3168-3170: 2017 Civil Monetary Penalties Inflationary Adjustment
 – The only available fully updated copy (latest edition 24 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.  

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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 subscribers to inform readers of changes to defense and high-tech trade laws and regulations. We check the following sources daily: Federal Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP, DOJ/ATF, DoD/DSS, DoD/DTSA, State/DDTC, Treasury/OFAC, White House, and similar websites of Australia, Canada, U.K., and other countries and international organizations.  Due to space limitations, we do not post Arms Sales notifications, Denied Party listings, or Customs AD/CVD items.

* RIGHTS & RESTRICTIONS: This email contains no proprietary, classified, or export-controlled information. All items are obtained from public sources or are published with permission of private contributors, and may be freely circulated without further permission. Any further use of contributors’ material, however, must comply with applicable copyright laws.

* CAVEAT: The contents cannot be relied upon as legal or expert advice.  Consult your own legal counsel or compliance specialists before taking actions based upon news items or opinions from this or other unofficial sources.  If any U.S. federal tax issue is discussed in this communication, it was not intended or written by the author or sender for tax or legal advice, and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or tax-related matter.

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