;

17-0206 Monday “The Daily Bugle”

17-0206 Monday “Daily Bugle”

Monday, 6 February 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.

[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. DoD/DSS Seeks Comments on DAAPM Version 1.1 
  4. State/DDTC Posts Reminder Concerning DECCS Batch Licensing Application Submission Release v2.0 
  5. State/DDTC Posts Name Change for Cranfield Aerospace Limited 
  6. Australia DECO Closed on 10 Feb 
  1. Reuters: “EU Vows to Stick to Russia Sanctions despite Trump’s Bid for Détente” 
  2. ST&R Trade Report: “ATF Imports Filed in ACE Must Now Use PGA Message Set” 
  3. ST&R Trade Report: “Cyber-Security Exports to Russia Eased Under New General License” 
  1. E.J. Krauland, M. Rathbone & A. Rapa: “New US Sanctions on Iran: More of the Same, but Tensions Are Rising” 
  2. L.A. Abad & D.C. Hok: “Trump and the NAFTA” 
  3. Gary Stanley’s ECR Tip of the Day 
  4. R.C. Burns: “OFAC Answers Call To Fix Unintended Result of FSB Designation” 
  1. ECTI Presents EAR Hardware License Exceptions Explained Webinar – 15 Feb 
  1. Monday List of Ex/Im Job Openings: 114 Jobs Posted 
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Changes: ATF (15 Jan 2016), Customs (27 Jan 2017), DOD/NISPOM (18 May 2016), EAR (1 Feb 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_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)


* State; NOTICES; Agency Information Collection Activities; Proposals, Submissions, and Approvals: Advisory Committee on International Economic Policy [Publication Date: 7 February 2017.]

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

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

 
The DSS NISP Authorization Office (NAO) has released the DRAFT Defense Assessment and Authorization Process Manual (DAAPM) Version 1.1 to Industry Partners for feedback.

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

 
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.

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

(Source:
State/DDTC) [Excerpts.]
 
Effective immediately, Cranfield Aerospace Limited will change as follows: Cranfield Aerospace Solutions Limited. Due to the volume of authorizations requiring amendments to reflect this change, the Deputy Assistant Secretary for Defense Trade Controls is exercising the authority under 22 CFR 126.3 to waive the requirement for amendments to change currently approved license authorizations. The amendment waiver does not apply to approved or pending agreements. …
* * * * * * * * * * * * * * * * * * * *

OGS_a66. Australia DECO Closed on 10 Feb

(Source: Australia DECO)
 
Defence Export Controls (DEC) will be closed on Friday, 10 February 2017, to conduct organisational planning. Please note applications will not be assessed on this day. DEC will re-open on Monday 13 February 2017. Please contact us if you have any queries in relation to this closure.

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NWSNEWS

 
The European Union will keep sanctions on Russia until Moscow drops its support for the separatist rebellion in Ukraine, foreign ministers said on Monday, as U.S. President Donald Trump promises better ties with the Kremlin.
 
The EU appears determined to maintain a united front on foreign policy goals that are at odds with Trump on many issues, including Iran, China and the role of NATO.
 
  “There is no case for relaxation of the sanctions,” UK Foreign Secretary Boris Johnson said, speaking at an EU foreign affairs council meeting about measures implemented with the U.S. in 2014 against Russia’s energy, financial and defense sectors.
 
The European Union, although reliant on Russian oil and gas, says it will never recognize Moscow’s 2014 annexation of Ukraine’s Crimea peninsula and expects the Kremlin to abide by the Minsk peace deal brokered for eastern Ukraine.
 
  “I cannot say where the U.S. administration stands on this but I can say where the Europeans stand on this,” said EU foreign policy chief Federica Mogherini, noting that she would discuss Ukraine, as well as the conflict in Syria, with White House officials in Washington at the end of the week.
 
She expects to meet National Security Advisor Michael Flynn and senior White House adviser Jared Kushner as well as U.S. senators, she said.
 
U.S. Vice President Mike Pence would visit Brussels on Feb. 20, Mogherini said. But EU diplomats fear any U.S. move to relax sanctions on Russia would make it difficult for the European Union to keep sanctions in place. Russia “doves” including Hungary, Italy, Greece and Bulgaria would push to re-establish business dealings.
 
France and Germany, who helped negotiate the Minsk peace deal with Russia and Ukraine, told the EU ministers’ meeting on Monday it was crucial to ensure any discussion of sanctions remained directly linked to the conflict in Ukraine, which has killed some 10,000 people since April 2014.
 
In a pre-inauguration interview, Trump proposed relaxing U.S. sanctions in return for Russia scaling back its nuclear arsenal, a position EU diplomats rejected.
 
However, EU ministers have welcomed comments by Trump’s new ambassador to the United Nations that Washington would not lift sanctions against Russia until the country withdraws from Crimea.
 
At the closed-door meeting in Brussels, Johnson called on his EU counterparts not to yield to what he termed “Ukraine fatigue”, diplomats said.
 
Fourteen EU countries including Britain, Sweden and Denmark called for renewed backing for Kiev in a joint statement presented at the meeting. That would include approving visa-free travel for Ukrainians in the EU and full implementation of the EU-Ukraine free-trade agreement, which still needs to win the backing of the Dutch parliament.
* * * * * * * * * * * * * * * * * * * *

 
U.S. Customs and Border Protection has announced that as of Feb. 3 importers filing Bureau of Alcohol, Tobacco, and Firearms information electronically through the Automated Commercial Environment must use the participating government agency message set. Document Image System images of ATF forms, including forms 6 and 6A, will no longer be accepted. However, original paper ATF forms 6 and 6A may be submitted to ports of entry.
 
CBP states that when the PGA message set is filed correctly for ATF imports the importer will receive an automatic “may proceed” from ATF and, if there are no further issues, the shipment will be released.
 
Further information on PGA forms and filing procedures can be found here.

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

 
The Treasury Department’s Office of Foreign Assets Control published Feb. 2 a general license intended to ease U.S. exports of information technology products to Russia. Among other things, this license allows U.S. companies to work with Russia’s Federal Security Service, which controls the country’s imports of certain electronic goods, including those with encryption technology (which can include consumer items), to file required notifications or secure required import licenses. U.S. officials characterized the license as a technical fix designed to ameliorate an unintended impact on U.S. businesses from economic sanctions imposed on Russia by the Obama administration.
 
The general license authorizes all transactions and activities otherwise prohibited pursuant to Executive Order 13694 that are necessary and ordinarily incident to requesting, receiving, utilizing, paying for, or dealing in licenses, permits, certifications, or notifications issued or registered by the FSB for the importation, distribution, or use of information technology products in Russia. The license does not authorize shipments of such goods to the FSB itself or the exportation, reexportation, or provision of any goods, technology, or services to the Crimea region of Ukraine. In addition, the payment of any fees to the FSB for such licenses, permits, certifications, or notifications is limited to $5,000 per calendar year.
 
However, it could be a challenge for U.S. exporters to take advantage of this general license because one of its conditions is that any item provided to the FSB must be in compliance with the Export Administration Regulations. Steve Brotherton, export controls practice leader for Sandler, Travis & Rosenberg, explained that technical information necessary to file a notification or secure an import license for certain goods in Russia may itself be regulated under the EAR. Since the FSB is on the EAR’s Entity List, Brotherton said, providing such information to the FSB would require an export license, but the Bureau of Industry and Security reviews applications for such licenses with a presumption of denial. Exporters could opt to provide publicly available information only, which is not subject to the EAR, but that may prove challenging given the details Russia typically requires.
* * * * * * * * * * * * * * * * * * * *

COMMCOMMENTARY

COMM_a110
. E.J. Krauland, M. Rathbone & A. Rapa: “New US Sanctions on Iran: More of the Same, but Tensions Are Rising”

* Authors: Edward J. Krauland, Esq., ekrauland@steptoe.com, 202-429-8083; Meredith Rathbone, Esq., mrathbone@steptoe.com, 202-429-6437; and Anthony Rapa, Esq., arapa@steptoe.com, 202-429-8120. All of Steptoe & Johnson LLP.
 
On February 3, 2017, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated 25 additional individuals and entities on its list of Specially Designated Nationals and Blocked Persons (SDNs).  These designations by themselves do not constitute a departure from past policy or practice, but they might foreshadow the possibility of such a departure.
 
OFAC stated in an accompanying press release that these individuals and entities were involved in procuring technology and materials to support Iran’s ballistic missile program, and laundering money and procuring goods for Iran’s Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF) and Lebanon’s Hezbollah.  These SDN designations block the property within US jurisdiction of the listed individuals and entities and prohibit US persons from dealing with them or any entity owned 50% or more by them.  These newly designated persons and entities now trigger potential “secondary sanctions” for any non-US persons that knowingly facilitate significant financial transactions or provide material support for them. 
 
The individuals and entities are located in Iran, Lebanon, the UAE, China, and elsewhere, but their inclusion on the SDN List is not likely to have a significant impact on commerce or other activity involving Iran, and this action does not itself indicate any obvious change in US sanctions policy on Iran.  However, an unnamed senior administration official noted that this is only an “initial” step in the US government’s effort to “pressure [Iranian officials] to change their behavior,” and the Trump Administration has been clear that it intends to take a more confrontational stance on Iran than the Obama Administration. 
 
These most recent SDN designations by OFAC were implemented under the authority of Executive Orders 13382 (July 1, 2005) and 13224 (Sept. 23, 2001).  These are longstanding authorities that authorize, respectively, sanctions against those involved in proliferation of weapons of mass destruction and ballistic missiles, and those involved in supporting terrorism.

These SDN designations, viewed in isolation, are consistent with longstanding US policy and sanctions authorities.  One thing that is noteworthy, though not new, is that OFAC appears to have based some of these sanctions, in part, on transfers to Iran of dual-use and other goods via a China-based network of suppliers.  This underscores the importance of conducting end-use and end-user due diligence, even when trading with third countries in items that are not subject to export control licensing requirements. 
 
These sanctions designations themselves do not indicate any change in the Obama Administration’s stated policy of enforcing the sanctions authorities that remained in force after January 2016, when the JCPOA took effect, including those related to ballistic missiles, support for terrorist groups, regional destabilization, and human rights abuses.  This most recent move by OFAC comes in the wake of another test by Iran of medium-range ballistic missiles (MRBMs) on January 29, 2017.  OFAC had announced similar SDN designations under the Obama Administration in January and March of 2016, following similar MRBM launches.
 
These sanctions also do not necessarily represent an additional step towards challenging the JCPOA, which President Trump has suggested he plans to do in the future.  OFAC’s press release states its position that these new sanctions are “fully consistent” with US commitments under the JCPOA, although Iranian officials have disagreed with that position, and generally consider any new designations to be inconsistent with the deal.  Likewise, Iran has taken the position that its ballistic missile tests do not violate its own commitments under the JCPOA, and has pledged to continue them.  Trump Administration officials have called Iran’s recent missile tests a “violation” of the deal, as have Israeli officialsUN Security Council Resolution 2231 (July 20, 2015), which endorsed and set the groundwork for the implementation of the JCPOA, “called upon [Iran] not to undertake any activity related to ballistic missiles designed to be capable of delivering nuclear weapons” for eight years after the adoption of the JCPOA on October 18, 2015.  That language does not provide a clear legal basis for the United States to move to terminate the JCPOA on the basis of Iran’s ballistic missile activity, even if such missiles were nuclear-capable, which is a matter of factual dispute between the United States and Iran.  
 
The bigger stories to watch over the coming weeks and months are whether the Trump Administration, or Congress, take steps to expand the scope of US sanctions on Iran in new and material ways.  Enforcing existing authorities in typical ways is not a departure from longstanding US policy; nor is it likely to present a real challenge to the JCPOA.  But if the United States were to impose new and different sanctions on activity involving Iran, or if the Iranians were to take significant steps in the nuclear or missile arena, or even with respect to conventional weapons, we could see more dramatic deterioration of the US and Iranian understanding of the boundaries of the JCPOA.

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COMM_a211
. L.A. Abad & D.C. Hok: “Trump and the NAFTA”

(Source:
KPMG LLP) [Excerpts.]
 
* Authors: Luis A. Abad, Principal, labad@kpmg.com; and Donald C. Hok, Manager, dhok@kpmg.com. Both of KPMG LLP.
 
President Trump’s campaign platform included promises to renegotiate a number of trade deals-most notably, the North American Free Trade Agreement (“NAFTA”) with Mexico and Canada. This article considers whether a president has the authority to unilaterally withdraw from the NAFTA or whether the president must seek consent or authorization from Congress, and explores other avenues the president may have to modify tariffs.
 
During the recent U.S. presidential campaign, Republican candidate Donald Trump ran, in part, on a platform to shake up America’s global trade position by promising to renegotiate a number of trade deals-most notably, the NAFTA with Mexico and Canada-or risk a termination of the agreement by the United States. Candidate Trump also stated he would impose “taxes” of 35 percent for goods imported into the U.S. from Mexico, and 45 percent for goods from China. Although it is not clear, it is possible he might have been talking about tariffs (rather than taxes), which would be reminiscent of the Smoot-Hawley Tariffs of 1930. [FN/1] If so, such a drastic increase in tariffs would likely result in a substantial increase in import costs for U.S. companies, costs that consequently would be passed on to U.S. consumers in the form of higher prices for goods. [FN/2] The potential impact of such policies may also lead our trade partners, Mexico in this case, to respond with counter tariff measures in retaliation, making it more expensive for U.S. companies to export and sell their goods in such foreign markets, possibly leading to a trade war. This issue is a concern for many companies with supply chains in Mexico. This article explores whether, as president, Trump has the authority to unilaterally withdraw from the NAFTA, or whether the United States president must seek consent or authorization from Congress before such a withdrawal, and what other avenues the President may have to modify tariffs.
 
THE CAMPAIGN PROMISE
 
During a campaign speech on June 28, 2016, candidate Trump made the following statement:
 
I’m going to tell our NAFTA partners that I intend to immediately renegotiate the terms of that agreement to get a better deal for our workers. And I don’t mean just a little bit better, I mean a lot better.
 
If they do not agree to a renegotiation, then I will submit notice under Article 2205 of the NAFTA agreement that America intends to withdraw from the deal. [FN/3]
 
Following his November 8 election victory, President Trump’s transition team made it clear that President Trump’s trade promises are a priority for his presidency, and laid out a “skeleton of Trump’s trade policy for the first 200 days of his presidency.” [FN/4] The president also published a “7 Point Plan To Rebuild the American Economy by Fighting for Free Trade” that underscores the president’s campaign promise to renegotiate or withdraw from the NAFTA, a move that if undertaken unilaterally could result in litigation to resolve critical issues concerning the exercise of executive power in this regard. [FN/5]
 
NAFTA ARTICLE 2205
 
The NAFTA, a trade agreement between the United States, Canada, and Mexico, negotiated by President George H.W. Bush and signed into law by President Bill Clinton on December 8, 1993, intended to, among other things, eliminate trade barriers, promote fair competition, increase investment opportunities, and protect intellectual property rights between the member countries. [FN/6] Article 2205 of the NAFTA provides that “[a] Party may withdraw from this Agreement six months after it provides written notice of withdrawal to the other Parties. If a Party withdraws, the Agreement shall remain in force for the remaining Parties.” [FN/7] Thus, if the U.S. chooses to withdraw from NAFTA, it need only give the other member countries the requisite notice. The key question, however, is whether the president can unilaterally invoke article 2205 without the consent or approval of Congress.
 
The U.S. Constitution conveys authority to both the president and Congress in dealing with foreign affairs. Article II, section 2, of the U.S. Constitution provides that the president “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur ” [FN/8] At the same time, however, the Constitution grants Congress “Power To lay and collect Duties [and] To regulate Commerce with foreign Nations.” [FN/9] Moreover, Congress may delegate certain authority to the president to negotiate trade agreements by statute. Thus, the Constitution by itself may not necessarily be instructive on the issue at hand. The specific international agreement and enabling law must also be considered to assess which governmental body has the authority to withdraw the United States from the NAFTA.
 
————-
  [FN/1] For the purpose of this article, it is assumed that a 35 percent “tax” on goods from Mexico would be in the form of a tariff on goods, rather than the “border adjustable tax” concept from the House Republican blueprint on tax reform. Note, however, that President Trump has described his proposal as a “tax.” Further, some of his advisors recently have suggested that a Trump Administration might support the “border adjustments” proposed in the tax reform “blueprint.” This also suggests that Trump may have been describing a tax law proposal, rather than a tariff. However, it is also possible that Trump was talking about tariffs, rather than taxes. In this regard, note that the blueprint’s proposed “border adjustments” would apply to imports from all countries, not just Mexico and China. Further, in his campaign, Trump proposed a 15 percent statutory corporate rate (rather than the current 35 percent rate).
  [FN/2] Report: Trump tariffs would be ‘catastrophic’ for poor, Politico (May 12, 2016).
  [FN/3] Full Transcript: Donald Trump’s jobs plan speech, Politico (June 28, 2016).
  [FN/4] Trump transition memo: Trade reform begins Day 1, CNN (Nov. 16, 2016), available here. But see NAFTA Is Here To Stay, Even Under Trump, Erik Sherman, Forbes (Dec. 6, 2016) available here.
  [FN/5] Donald Trump’s 7 Point Plan To Rebuild the American Economy by Fighting for Free Trade, available here.
  [FN/6] H.R. 3450 – 103rd Congress: North American Free Trade Agreement Implementation Act; Pub.L. 103-82.
  [FN/7] The NAFTA Secretariat (Nov. 14, 2016), available here.
  [FN/8] U.S. Const. Art. II, Section 2.
  [FN/9] U.S. Constitution, Art. I, Section 8.

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COMM_a312
. Gary Stanley’s ECR Tip of the Day

 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
gstanley@glstrade.com
 
The letter of explanation accompanying a DSP-5 hardware license application in furtherance of an ITAR Part 124 agreement must only reflect values for USML defense articles approved for export. Specifically, the letter references three dollar figures: the total approved hardware value, the remaining hardware value, and the combined value of all previously authorized related IFO licenses. Because these values describe the amount being decremented against the approved agreement hardware value, they must not include paragraph (x) values. Note, this rule does not hold true for the DSP-5 itself, where one is required to include the value of paragraph (x) commodities in Block 12. However, this entry is for Automated Export System and Customs purposes and not to aid in the adjudication of the license request.

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

COMM_a4
13.
R.C. Burns: “OFAC Answers Call To Fix Unintended Result of FSB Designation”

(Source:
Export Law Blog
. Reprinted by permission.)
 
* Author: R. Clifton Burns, Esq., Bryan Cave LLP, Wash DC,
Clif.Burns@bryancave.com
, 202-508-6067)
 
In an earlier post, I pointed out an unintended consequence of the designation of the Vladimir Putin’s spy masters, the FSB, by the Office of Foreign Assets Control to punish the FSB for meddling in the last election. The problem was the designation would prohibit exports of encryption-enabled products like mobile phones by U.S. companies to Russia. Such exports require either the approval of, or notification to, the FSB prior to the import of such items into Russia, either of which would be forbidden as a result of the designation. I suggested that OFAC was unaware of this requirement and that, as it did in a similar situation in Crimea, OFAC would likely issue a general license to permit dealing with FSB for the limited purpose of such exports to Russia.
 
Well, I’m awarding myself the Jeanne Dixon Psychic of the Year award, because that is exactly what OFAC did earlier today. The new General License No. 1 issued relative to Executive Order 13694 authorizes applications to, and notifications of, the FSB in connection with “the importation, distribution, or use of information technology products in the Russian Federation.” Needless to say, the general license makes clear that items subject to the EAR still require any necessary authorizations from the Bureau of Industry and Security such as, for example, an authorization under license exception ENC. Exports of these products to Crimea are also, not surprisingly, not permitted by the new general license.
 
(Side note on Jeanne Dixon who claimed to have predicted JFK’s assassination: She used to live in a townhouse on 19th Street, NW, in Washington, DC, not far from where I was working at the time. The gate outside the house had two plaster lions perched on the columns on either side of the gate. One day the lions mysteriously went missing. Several days later a handwritten sign was posted on the gate offering a significant reward for the safe return of the lions. Almost immediately some wag – not me, I promise – wrote on the reward sign: “If you’re psychic, find them yourself!” The sign disappeared and the lions never returned.)

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TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a1
14. ECTI Presents EAR Hardware License Exceptions Explained Webinar – 15 Feb

(Source: Danielle McClellan, danielle@learnexportcompliance.com)
 
* What: EAR Hardware License Exceptions Explained
* When: February 15, 2017; 1:00 p.m. (EST)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker: Scott Gearity
* Register: Here or Danielle McClellan, 540-433-3977, danielle@learnexportcompliance.com.

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MSEX/IM MOVERS & SHAKERS

MS_a115. Monday List of Ex/Im Job Openings: 114 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
* Amazon; London, UK;
Senior Trade Compliance Program Manager (M/F)
; Requisition ID: 429019
* Amazon; Luxembourg, Luxembourg;
Trade Compliance Project Integration Manager (M/F)
; Requisition ID: 479077
* Amazon; Mexico City, Mexico;
Mexico Trade Compliance Program Manager
; Requisition ID: 481541
* Amazon; Mexico City, Mexico;
Mexico Trade Compliance Program Manager
; Requisition ID: 481542
* 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;
Senior Compliance Manager, Global Trade Compliance
; Requisition ID: 489370

* 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
* Amazon; Tokyo, Japan;
Trade Compliance Specialist
; Requisition ID: 481891
* American Science & Engineering; Billerica MA;
Sr. Trade Compliance Analyst
;
Requisition ID: 10799
* Apple; Singapore;
APAC Trade Compliance Analyst / Manager
; Requisition ID: 52327703
* AstraZeneca; Wilmington DE;
Sr. Import Analyst
; Requisition ID: R-001528
* Bank of America; London, UK;
Trade Control Analyst
; Requisition ID: 16046883
* Bayer; Leverkusen, Germany;
Head of Customs & International Trade Classification (m/f)
; Requisition ID: 0000180456

# Choice Logistics; New York NY;
VP, Global Trade Solutions

* Colony Brands, Inc.; Monroe WI;
Assistant Trade Compliance Manager
; Requisition ID: 16-0954

* Crane Aerospace and Electronics; Chandler AZ;
Sr. Export Compliance Analyst
; Requisition ID: 4725
* Crane Aerospace and Electronics, West Caldwell NJ;
Export Compliance Manager
; Requisition ID: 5411
* Cummins Inc.; Daventry, United Kingdom;
Lead Export Controls Analyst
* DRS Technologies; Germantown MD;
Senior Trade Compliance Manager
; Requisition ID: 54749
* 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;
Sr. Trade Compliance Manager;
Requisition ID: 7333BR
* Esterline Technologies Corporation; Brea CA;
Trade Compliance Specialist
; Requisition ID:
8887BR
* Esterline Technologies Corporation; Frankenmuth MI;
Trade Compliance & Contracts Administrator
; Requisition ID: 9307BR
* Expeditors; Manila, The Philippines;
Regional Trade Compliance Manager – Indochina & Philippines
* Expeditors; Roma, Italy;
Ocean Export Manager
* Expeditors; San Francisco CA;
Export Compliance Specialist
* Expeditors; Sunnyvale CA;
Customs Compliance Specialist
* Export Solutions Inc.; Melbourne FL; Trade Compliance Specialist;
info@exportsolutionsinc.com
* Facebook; Menlo Park CA;
Head of Global Trade Compliance Operations
* Facebook; Singapore;
Export Compliance Manager, APAC

#
FlightSafety International; Oklahoma; Trade Compliance Advisor; Requisition ID 16480

* FLIR; Arlington VA;
Manager of Defense Trade Licensing
;
Jamie.Sweeney@flir.com
; Requisition ID: 8121

*
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
* Honeywell; Moscow, Russia;
Integrity & Compliance Manager
; Requisition ID: 00330983
* Illumina; San Diego CA;
SAP Business Solution Analyst, Trade Compliance & Logistics
; Requisition ID: 6890BR
*
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
*
L3 Technologies, Platform Integration Division; Waco TX;
Export/Import Administrator 3
; Requisition ID 086435
* Lam Research Corporation; Fremont CA:
Foreign Trade Analyst 6
; Requisition ID: 12079BR
* LORD Fly-by-Wire; Saint-Vallier, France; Trade Compliance and Customs Manager  
* Lumber Liquidators; Toano VA;
Intern, Compliance
; Requisition ID: 2227
* 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 PLC; Los Angeles CA;
Export Control/Trade Compliance Administrator
; Requisition ID: 22591
* Merck & Co, Inc.; West Point PA;
Assoc. Director Global Trade Compliance – Export Control, Exports and US Foreign Trade Zones
; Requisition ID: 8728162
* Moog; East Aurora NY;
Export Compliance Manager
;
anihill@moog.com
; Requisition ID: 161913
* Northrop Grumman Corporation; Annapolis Junction MD;
International Trade Compliance Analyst 4
; Requisition ID: 16028623

# Northrop Grumman Corporation; Baltimore MD;
International Trade Compliance Analyst 2
; Requisition ID: 17001145

* Northrop Grumman Corporation; Herndon VA;
International Trade Compliance Analyst 2
; Requisition ID: 17000653

# Northrop Grumman Corporation; Herndon VA;
International Trade Compliance Analyst 3
; Requisition ID: 17000826

* Northrop Grumman Corporation; Herndon VA;
International Trade Compliance Analyst 3/4
; Requisition ID: 17001180

# Northrop Grumman Corporation; Linthicum MD;
International Trade Compliance Analyst 3
; Requisition ID: 17001930

* Northrop Grumman Corporation; Redondo Beach CA;
International Trade Compliance Analyst 4
; Requisition ID: 16024309

* Northrop Grumman Sperry Marine; New Malden, UK;
Trade Compliance Coordinator
;
careers.uk@sperry.ngc.com
* NXP Semiconductors; Nijmegen, The Netherlands;
Export Control Officer, Requirements Manager
; R-10001504
*
Orbital ATK; Mesa AZ;
International Trade Compliance Specialist
; Requisition ID: MGK20162212-37731
* Pall Corporation; Portsmouth, UK;
Trade Compliance Specialist
; Requisition ID: SHA000201
* Parexel; Kiev, Ukraine;
Global Trade Compliance Specialist
; Requisition ID: pare-10056329
* Roanoke Insurance Group; Schaumburg IL;
Carnet Service Representative
; Requisition ID: 1019
* Raytheon; Arlington VA;
Export Licensing Manager I
; Requisition ID: 87321BR
* Raytheon; Indianapolis IN;
Principal SC Compliance Specialist
; Requisition ID: 84932BR
* Raytheon Space & Airborne Systems; Cambridge MA;
Sr. Exp. License & Compliance Adv
;
Jennifer.a.martindale@raytheon.com
; 310-334-7499; Requisition ID: 91503BR
* Raytheon Space & Airborne Systems; McKinney TX;
Sr Exp License & Compliance Adv
;
Jennifer.a.martindale@raytheon.com
; 310-334-7499; Requisition ID: 91155BR
* Raytheon Space & Airborne Systems; McKinney TX;
Sr Exp License & Compliance Adv
;
Jennifer.a.martindale@raytheon.com
; 310-334-7499; Requisition ID: 91155BR

* Sierra Nevada Corporation; Denver CO;
International Trade Compliance Analyst II
; Requisition ID: R0002483

* Tesla Motors; Fremont CA;
International Tax Lead/Senior International Tax Counsel
; Requisition ID: 35593
* Tesla Motors; Fremont CA;
Global Trade Compliance Analyst
; 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; South East Crawley, UK;
Trade Compliance Support Officer
; Requisition ID: R0013706

* 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: 42875BR
* ThermoFisher Scientific; Shanghai, China;
Trade Compliance Specialist – CMC
; Requisition ID: 42143BR

# United Technologies Corporation, UTC Aerospace Systems; Chula Vista CA;
International Trade Compliance Intern
; Requisition ID:
39406BR
# United Technologies Corporation, UTC Aerospace Systems; Chula Vista CA;
International Trade Compliance Intern
; Requisition ID:
39406BR
# United Technologies Corporation, UTC Aerospace Systems; Phoenix AZ;
Manager, International Trade Compliance
; Requisition ID:
28043BR
# United Technologies Corporation, UTC Aerospace Systems; Pueblo CO;
# United Technologies Corporation, UTC Aerospace Systems; Vergennes, VT;
International Trade Compliance Lead
; Requisition ID:
39752BR
# United Technologies Corporation, UTC Aerospace Systems; Westford MA;
# United Technologies Corporation, UTC Aerospace Systems; Windsor Locks CT;
# United Technologies Corporation, UTC Aerospace Systems; Windsor Locks CT;

* 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;
Sr Mgr, Intl Trade Compl
; Requisition ID: 30525BR
* United Technologies Corporation, UTC Aerospace Systems; Windsor Locks CT;

# United Technologies Corporation, UTC Aerospace Systems; Windsor Locks CT;
Specialist, International Trade Compliance
; Requisition ID:
41668BR
# United Technologies Corporation, UTC Aerospace Systems; York NE;
Trade Compliance Analyst
; Requisition ID:
30820BR

* Wurth Industry of North America; Brooklyn Park MN; Trade Compliance Officer;
International Trade Compliance Officer
; Requisition ID: 388-720

* Wurth Industry of North America; Indianapolis IN; Trade Compliance Officer;
International Trade Compliance Officer
; Requisition ID: 389-720

* XPO Logistics; Greenwich CT;
Global Trade Compliance Analyst

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

ENEDITOR’S NOTES

(Source: Editor) 

 
* Babe Ruth (George Herman “Babe” Ruth, 6 Feb 1895 – 16 Aug 1948, was an American professional baseball player whose career in Major League Baseball spanned 22 seasons, from 1914 through 1935. Ruth is regarded as one of the greatest sports heroes in American culture and is considered by many to be the greatest baseball player of all time. In 1936, Ruth was elected into the Baseball Hall of Fame as one of its “first five” inaugural members.)
  – “Yesterday’s home runs don’t win today’s games.”
 
* Aaron Burr (Aaron Burr Jr., 6 Feb 1756 – 14 Sep 1836, was an American politician. He was the third Vice President of the United States (1801-1805), serving during President Thomas Jefferson’s first term.)
  – “Never do today what you can do tomorrow. Something may occur to make you regret your premature action.”
 
Monday is Pun Day.

Q. Do you know why I’ve never tried to eat a clock?
A. I heard it’s really time consuming. 

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

EN_a317
. 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: 27 Jan 2017: 82 FR 8589-8590: Delay of Effective Date for Importations of Certain Vehicles and Engines Subject to Federal Antipollution Emission Standards; and 82 FR 8590: Delay of Effective Date for Toxic Substance Control Act Chemical Substance Import Certification Process Revisions.

* 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: Last Amendment: 1 Feb 2017: 82 FR 8893-8894: Commerce Control List: Removal of Certain Nuclear Nonproliferation (NP) Column 2 Controls. 

  
*
FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR)
: 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders
  – Last Amendment: 17 Jan 2017: 
82 FR 7641-7642: Updated Statements of Legal Authority for the Export Administration 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 is 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.

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