;

17-0310 Friday “The Daily Bugle”

17-0310 Friday “Daily Bugle”

Friday, 10 March 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

  1. Commerce Requests Comments Concerning 2017 Economic Census 
  2. Commerce Requests Comments Concerning 2017 Economic Census of Island Areas
  3. DHS/CBP Posts Notice of Final Determination Concerning Country of Origin of Cargo Airplane Converted to Fire-Fighting Aircraft
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. DHS/CBP Announces ACE Production Outage on Mar 11-12
  4. DHS/CBP Releases Harmonized System Update
  5. State/DDTC Posts Two Name Change Announcements
  1. Public: “Belarus President Signs Decree On Export Control Regulation”
  2. ST&R Trade Report: “Dates and Deadlines: Chapter 98, Duty Evasion, Export Controls, Conflict Minerals”
  3. WorldECR Awards 2017 Open for Submissions
  1. G. Husisian: “Private Equity and the New Trump Administration: Your Top Ten Questions Answered” (Part IV of IV)
  2. G. Green & S. Pelak: “First Circuit Affirms Lengthy Sentence of Chinese National Who Provided U.S. Goods to Iranian Nuclear Program”
  3. L. Cassis: “Research Support: Export Control with John Craddock” (University of Kentucky Podcast)
  4. R. Kelly: “Is Three-Dimensional (3D) Printing a Nuclear Proliferation Tool?”
  5. T. Murphy: “Customs Fraud May Lead to a €2 Billion Bill for the UK”
  6. Gary Stanley’s ECR Tip of the Day
  1. Full Circle Compliance & University of Liverpool Present: EMITC Talks International Trade Compliance on 30 March
  2. Friday List of Approaching Events
  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 (24 Feb 2017), FACR/OFAC (10 Feb 2017), FTR (15 May 2015), HTSUS (7 Mar 2017), ITAR (11 Jan 2017)

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1. 
Commerce Requests Comments Concerning 2017 Economic Census

(Source:
Federal Register) [Excerpts]
 
82 FR 13308-13309: Submission for OMB Review; Comment Request
 
  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: U.S. Census Bureau.
  Title: 2017 Economic Census.
  OMB Control Number: None.
  Form Number(s): The almost 800 electronic path numbers are too numerous to list here.
  Type of Request: New collection.
  Number of Respondents: 4,214,680.
  Average Hours per Response: 1.3 hours.
  Burden Hours: 5,691,972.
  Needs and Uses: The 2017 Economic Census will use direct data collection and administrative records to compile statistics on approximately 7 million employer business establishments in industries defined by the 2017 North American Industry Classification System (NAICS).   . . . .
  This information collection request may be viewed at
www.reginfo.gov
. 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 or fax to (202) 395-5806.
 
Sheleen Dumas, PRA Departmental Lead, Office of the Chief Information Officer.

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

EXIM_a2

2. Commerce Requests Comments Concerning 2017 Economic Census of Island Areas

(Source:
Federal Register) [Excerpts.]
 
82 FR 13307-13308: Submission for OMB Review; Comment Request
 
  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: U.S. Census Bureau.
  Title: 2017 Economic Census of Island Areas.
  OMB Control Number: 0607-0937.
  Form Number(s): IA-92101, IA-92103, IA-92104, IA-92301, IA-92303, IA-92304, IA-93101, IA-93103, IA-93104, IA-94201, IA-94203, IA-94204, IA-94401, IA-94403, IA-94404, IA-95101, IA-95103, IA-95104, IA-95201, IA-95203, IA-95204, IA-97201, IA-97203, IA-97204.
  Type of Request: Reinstatement of a previously approved collection.
  Number of Respondents: 51,072.
  Average Hours per Response: 1 hour.
  Burden Hours: 51,072.
  Needs and Uses: The 2017 Economic Census of Island Areas uses direct data collection supplemented by data from Federal administrative records to compile statistics on approximately 51,000 business establishments in industries defined by the 2017 North American Industry Classification System (NAICS) operating in Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands and American Samoa. The enumeration of business establishments located within the 50 states will be submitted separately to the Office of Management and Budget (OMB) for approval. …
  This information collection request may be viewed at
www.reginfo.gov. 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 or fax to (202) 395-5806.
 
Sheleen Dumas, PRA Departmental Lead, Office of the Chief Information Officer.

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

EXIM_a3

3. DHS/CBP Posts Notice of Final Determination Concerning Country of Origin of Cargo Airplane Converted to Fire-Fighting Aircraft

(Source:
Federal Register) [Excerpts.]
 
82 FR 13356-13358: Notice of Issuance of Final Determination Concerning Country of Origin of the KC-390 Military Cargo Airplane Converted to a Fire-Fighting Aircraft
* AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.
* ACTION: Notice of final determination.
* SUMMARY: This document provides notice that United States Customs and Border Protection (“CBP”) has issued a final determination concerning the country of origin of a military cargo airplane manufactured in Brazil, known as the KC-390, that will be converted into a fire-fighting aircraft in the United States. Based upon the facts presented, CBP has concluded in the final determination that for purposes of United States Government procurement the country of origin of the converted KC-390 aircraft will be Brazil, where it was originally manufactured.
* DATES: The final determination was issued on March 06, 2017. A copy of the final determination is attached. Any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of this final determination within April 10, 2017.
* FOR FURTHER INFORMATION CONTACT: Robert Dinerstein, Valuation and Special Programs Branch, Regulations and Rulings, Office of Trade (202-325-0132).
* SUPPLEMENTARY INFORMATION: Notice is hereby given that on March 06, 2017, pursuant to subpart B of Part 177, Customs and Border Protection (CBP) Regulations (19 CFR part 177, subpart B), CBP issued a final determination concerning the country of origin of a converted military cargo airplane which may be offered to the United States Government under an undesignated government procurement contract. This final determination, HQ H280872, was issued at the request of Embraer Aircraft Holding, Inc. under procedures set forth at 19 CFR part 177, subpart B, which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511-18). In the final determination, CBP was presented with a scenario in which a military cargo plane, the KC-390, manufactured in Brazil, will be converted into an aircraft that would be used for combating forest fires in the United States. CBP has determined for purposes of United States Government procurement that the country of origin of the KC-390 aircraft converted from a military cargo aircraft to a fire suppression aircraft in the United States will be Brazil, the country where the airplane was originally manufactured. …
 
  Dated: March 06, 2017.
Alice A. Kipel, Executive Director, Regulations and Rulings, Office of Trade. …
 
[Editor’s Note: to read “HQ H280872” click on the source link below item title.]

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

OGSOTHER GOVERNMENT SOURCES

OGS_a1
4. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
 

(Source:
Federal Register)
 
[No items of interest noted today.]

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

OGS_a02
5. Commerce/BIS: (No new postings.)

(Source:
Commerce/BIS)

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

OGS_a2a
6. DHS/CBP Announces ACE Production Outage on Mar 11-12

(Source:
CSMS# 17-000136, 10 March 2017.)
 
New ACE Programming
 
Please be advised that there will be an ACE PRODUCTION Outage Saturday evening, March 11, 2017 from 2200 ET to 0400 EDT Sunday, March 12, 2017. ACE will perform infrastructure maintenance activities, and the following ACE Deployment will take place during this time:
 
ACE Import Manifest
  – CAOM-5458: Now Available for Truck MOT: In-bond Diversion request using CUSREP message.
  – CAOM-9482: QP In-bond BOL Add with in-bond type 62 and with an FDA BOL was incorrectly posting A3 (FDA PN Rejected) even after PN Satisfied is on file.
 
ACE Portal Accounts
  – CAOM-9487: Fixed invalid “Broker Management” page URL in automatic “Notification of Account Updates in ACE” email sent to an ACE Portal account owner upon broker account structure updates. Corrected URL is
https://www.cbp.gov/trade/programs-administration/customs-brokers

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

OGS_a3
7. DHS/CBP Releases Harmonized System Update

(Source:
CSMS #17-000131, 7 Mar 2017.]
        
Harmonized System Update (HSU) 1702 created March 7, 2017
      
Harmonized System Update (HSU) 1702 was created on March 7, 2017 and contains 1,754 ABI records and 360 harmonized tariff records.
 
Modifications include those made as a result of Presidential Proclamation 9555, To Implement the Nepal Preference Program and for Other Purposes.  Please click on the following link, or copy and paste it into your browser, to access the proclamation…
 
 
Adjustments required by the verification of the 2017 Harmonized Tariff Schedule (HTS) are also included. 
 
The modified records are currently available to all ABI participants and can be retrieved electronically via the procedures indicated in the CATAIR.  For further information about this process, please contact your client representative.  For all other questions regarding this message, please contact Jennifer Keeling via email at
Jennifer.Keeling@dhs.gov

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

OGS_a4
8State/DDTC Posts Two Name Change Announcements

(Source:
State/DDTC) [Excerpts.]
 
On Friday, March 10, DDTC posted name change announcements for the following companies.
 
 
Effective April 1, 2017, Wesco Aircraft Holdings, Inc. and its affiliated entities (collectively, Wesco) will change as follows: Wesco Aircraft EMEA, Ltd. (Wesco EMEA). 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. …
 
 
Effective immediately, Nammo Vanasverken AB, Nammo Vingakersverken AB, and Nammo LIAB BA will change as follows: Nammo Sweden AB. 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. … 

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

NWSNEWS

NWS_a19.

Public: “Belarus President Signs Decree On Export Control Regulation”

 
Belarus President Alexander Lukashenko has signed Decree No. 49 ‘Concerning the state regulation in export control’. 
The document aims to harmonize legal acts with the Law of the Republic of Belarus ‘On Export Control’ as of 11 May 2016. 
The decree includes key provisions on export control which specify the procedure of authorizing mediator activities, the rights of special exporters and other holders of certificates permitting mediator activities in relation to specific goods (works, services).
 
The decree also specifies the procedure of evaluating the claimant’s capability to perform foreign trade or mediator activities in relation to specific goods (works, services), the list of documents submitted by claimants, the procedure of reissuing documents if a legal body is reorganized.
 
To fulfill the regulations of the abovementioned law, the interagency commission for military and technical cooperation and export control at the Security Council of the Republic of Belarus has been authorized to perform the functions of the interagency body for export control in accordance with the decree. The State Defense Industries Committee has been authorized to perform the functions of a designated authority for export control.

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

NWS_a210.

ST&R Trade Report: “Dates and Deadlines: Chapter 98, Duty Evasion, Export Controls, Conflict Minerals”

 
Following are highlights of regulatory effective dates and deadlines and federal agency meetings coming up in the next week.
 
  – March 13 – deadline for comments to USDA on
export certification
  – March 14 – deadline for comments to EPA on requirement to
notify chemicals imported within last ten years
  – March 15 – deadline for comments to BIS and State Department on
stricter export controls for infrared detection items
  – March 15 – deadline for comments to USDA on information collections on
imports of bananas from the Philippines
  – March 17 – deadline for comments to SEC on further relief from
conflict minerals rule

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

NWS_a311.

WorldECR Awards 2017 Open for Submissions

 
WorldECR is pleased to invite nominations for the 2017 Awards. Nominations should be sent to
Awards@WorldECR.com, to reach us by Monday 1 May 2017. Winners will be announced in the WorldECR June 2017 issue.
 
The Award categories are:
  (1) Export Controls Compliance Team of the Year – Europe*
  (2) Export Controls Compliance Team of the Year – USA**
  (3) Export Controls Compliance Team of the Year – Rest of the World***
  (4) Export Controls Law Firm of the Year – USA**
  (5) Export Controls Law Firm of the Year – Europe*
  (6) Sanctions Law Firm of the Year – USA**
  (7) Sanctions Law Firm of the Year – Europe*
  (8) Export Controls / Sanctions Law Firm of the Year – Rest of the Year
  (9) Export Controls Consultation of the Year
  (10) Export Control Practitioner of the Year
  (11) Young Practitioner of the Year Award
 
* Europe Awards are also open to Europe-located offices / subsidiaries of non-European organisations
** USA Awards are also open to U.S.-located offices/subsidiaries of non-U.S. organisations
*** Rest of the world Awards are also open to U.S. and European subsidiaries located in Africa, Asia, Australasia
 
[Editor’s Note: To subscribe to WorldECR, the journal of export controls and sanctions, please visit
http://worldecr.com/
.] 

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

NWSCOMMENTARY

COMM_a1
12. G. Husisian: “Private Equity and the New Trump Administration: Your Top Ten Questions Answered” (Part IV of IV)

 
* Author: Gregory Husisian, Esq., Foley & Lardner LLP,
ghusisian@foley.com, 202-945-6149.
 
[Editor’s note: This client alert is the sixth of a series of Foley & Lardner LLP Alerts being prepared to help companies navigate the uncertain international trade and regulatory environment. Due to space limitations, this alert is divided into four parts. Part I, Part II and Part III were posted in the Daily Bugle of Tuesday, 7 March, Wednesday, 8 March, an Thursday 9 March, respectively.]
 
(9) “What compliance steps can be taken to minimize the risk of whistleblowers?”
 
The urgency of taking steps to minimize whistleblowers has never been more important for PE firms. The issue rises at both portfolio companies and at the PE fund itself, where employees may have wide-ranging access to information regarding compliance lapses across the entirety of the company’s portfolio. Even if the PE firm and its investments are exonerated, the cost of internal investigation and dealing with the regulatory agencies in the wake of a whistleblower report can be considerable. Further, studies show that most whistleblowers are motivated by reasons other than money (i.e., whistleblowing often occurs because employees are disgruntled or terminated, or because they have raised concerns about compliance lapses and believe the issue was not taken seriously). Thus, even if the Dodd-Frank whistleblower regime disappears or no longer is applicable to PE firms under the new administration, whistleblowing concerns will still remain.
 
Compliance measures PE firms should consider to minimize external whistleblower activity include the following:
 
  – Implementing internal reporting channels, adjusted for the size and nature of the business, at all portfolio companies and at the PE firm itself.
 
  – Creating multiple ways to report potential misconduct, including through web-based reporting, dedicated compliance email addresses, and independent 24-hour telephone hotlines with multiple languages capability.
 
  – Creating ways for external compliance stakeholders to report misconduct related to PE firm management or portfolio companies.
 
  – Implementing procedures to quickly evaluate significance of claims, determine priority of investigation, and prepare appropriate follow up based on the potential seriousness of issue.
 
  – Maintaining procedures to document all claims received, how they were handled, and their ultimate resolution.
 
  – Maintaining procedures to report to whistleblowers how their claims were handled while sanitizing reports of any confidential data.
 
  – Maintaining procedures for determining when outside investigate resources, including law firms and forensic specialists, need to be brought onto investigations.
 
  – Implementing special procedures related to the handling of complaints related to senior management, board of directors, audit committee members, and compliance committee members.
 
  – Drafting policies to ensure confidential treatment of materials related to internal investigations, including procedures designed to preserve attorney-client communication and attorney work product privileges
 
  – Maintaining anti-retaliation compliance policies to ensure that there is no retaliation for whistleblower activity and that whistleblowers continue to be evaluated solely based on quality of their work and not concerns related to whistleblower activities (i.e., the firm needs to avoid claims of retaliation).
 
  – Creating procedures to ensure that any compliance lapses are remedied, such that issues identified as a result of whistleblower activity (or that are otherwise discovered) are not repeated.
 
While implementing these compliance items is important, the PE firm should not use severance or monetary incentives to minimize the risk of whistleblowers. In several enforcement matters, the SEC has imposed significant penalties against companies that maintained provisions that restricted the ability of an employee or ex-employee to report as a whistleblower. Significantly, in some of these cases the penalties were imposed even absent any showing that anyone was deterred from actually reporting a compliance lapse. Instead of trying to restrict external whistleblowers, PE firms instead should put their efforts into ensuring that compliance lapses do not occur in the first place and into ways to encourage internal whistleblowing.
 
(10) “How can I prevent compliance concerns from derailing my exit strategy?”
 
Given that PE firms tend to have finite ownership timeframes, PE firms need to be equally concerned with how compliance concerns will impact their ability to sell. By far the most useful strategy is to maintain a strong compliance program throughout the ownership period, which not only allows the company to provide assurances to potential purchasers regarding the compliance environment but also minimizes the chances of costly compliance lapses.
 
But beyond this basic strategy, the following are issues to consider when the PE firm is considering exiting from a particular portfolio investment:
 
  –
CFIUS. As noted above and in a separate
CFIUS Client Alert, [FN/13] it is widely anticipated that CFIUS reviews will be more rigorous under the new administration. This is a particular concern with regard to the largest source of CFIUS requests, which is for deals involving Chinese acquirers. By most measures, outbound investment from China accounted for twenty percent of global M&A activity in 2016, more than double 2015 levels. PE firms contemplating a potential sale to a Chinese company, in particular, need to carefully consider the national and economic security implications of such transactions, with an eye towards whether a CFIUS pre-clearance should be sought. Full information regarding the types of transactions that are most likely to raise CFIUS concerns are found
here. [FN/14]
 
  –
Conduct a Pre-Sale Compliance Audit. It is far better to know about compliance lapses – and to address them before the sale than it is to find them out during due diligence and then have to scramble to fix them. A pre-sale compliance audit not only allows for such corrections, it also can be used to put together prepared due diligence responses in advance, allow the company a strategy for dealing with problem situations, and even put together a strategy for dealing with situations where purchasers might demand a prior disclosure as a condition of purchase. The author of this Client Alert has in some cases put together a “compliance white paper” to pre-emptively deal with known issues, thereby putting purchasers at ease regarding the scope of known compliance lapses. Such a review also can minimize the chances of there being a claim for misrepresentation after the deal has closed if the purchaser discovers issues that were not disclosed during the due diligence inquiry.
 
  –
Prepare in Advance for Heavy Due Diligence Requests. Selling companies should expect heavy due diligence requests, especially for sales of companies that operate in, or sell into or export to, countries of concern (China, India, Russia, much of Latin America and Africa, etc.). Even where there is not trade with such red flag countries, the heightened enforcement activity for the FCPA, export controls, economic sanctions, antitrust, and AML means these areas are often a focus of due diligence inquiry. Since these inquiries can be expected, it often is possible to put together commonly requested information in advance, speeding up the response to such inquiries.
 
  –
Go Beyond Providing the Minimum. Too often, selling entities view due diligence as a win-lose scenario, in which the goal is to provide the minimum information possible, under the theory that the more potential purchasers know about the company, the more than can “create trouble” (i.e., raise questions, seek enhanced protections through onerous representation and warranty clauses, and so forth). Yet in the current enforcement environment, requests for full compliance information are appropriate and to be expected. Disarming suspicions by acquiring companies regarding the state of compliance occurs through full and thorough cooperation and the preparation of complete and accurate responses to due diligence requests, including through the provision of information that, while not perhaps being directly requested, is still relevant to a thorough assessment of the state of compliance at the target company.
 
CONCLUSION
 
For these reasons, the regulatory landscape is uncertain for PE firms. Just as is true with investing, however, uncertainty creates both risks and opportunities. PE firms that learn to navigate the regulatory expectations that govern their activities will have an opportunity to deal with these risks better than their competitors, including through avoiding costly investigations and penalties. Through careful risk identification and risk management, firms can adapt to the new and aggressive enforcement of many U.S. regulations, as well as any new regulatory developments that are likely to occur under the new administration. Regardless of the course that is plotted by the new administration, however, the days when it was appropriate for PE firms to leave such concerns entirely to the senior management of portfolio companies are now gone, and are unlikely ever to return. Ensuring that sound risk-identification and risk-management practices are in place at every portfolio investment is the best way to cope with the new enforcement environment.
 
———
  [FN/13] See Gregory Husisian, “CFIUS Reviews and the Trump Administration, Your Top Ten Questions Answered,” available at
here.
  [FN/14] See Gregory Husisian, “CFIUS Reviews and the Trump Administration, Your Top Ten Questions Answered,” available at
here.

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

COMM_a2
13. G. Green & S. Pelak: “First Circuit Affirms Lengthy Sentence of Chinese National Who Provided U.S. Goods to Iranian Nuclear Program”

 
* Authors: Gwen Green, Esq.,
gsgreen@hollandhart.com; and Steven Pelak, Esq.,
swpelak@hollandhart.com.  Both of Holland & Hart LLP.
 
On March 1, 2017, the First Circuit affirmed the nine-year sentence of Sihai Cheng, a Chinese national who pleaded guilty for his role in supplying over 1,000 pressure transducers to Iran’s nuclear program.
 
In December 2015, Cheng pleaded guilty to two counts of conspiring to commit export violations and smuggle goods from the United States to Iran and four counts of illegally exporting U.S. manufactured pressure transducers to Iran.  On January 27, 2016, U.S. District Court Chief Judge Patti B. Saris departed upward from the Sentencing Guidelines and imposed a nine-year sentence, which is significantly beyond the otherwise applicable Guideline range.  It should be noted that Chief Judge Saris has served as the Chairperson of the U.S. Sentencing Commission.
 
Cheng was part of a conspiracy which exported from the U.S. to Iran at least 1,185 pressure transducers which were transshipped through China to Kalaye Electric Co., a U.S. designated Iranian WMD Proliferator responsible for the Government of Iran’s nuclear centrifuge program and the development of weapons-grade uranium.  He was arrested in the UK in early 2014 and later extradited to the United States in late 2014.
 
A possible lesson for defense counsel to consider in light of this relatively lengthy sentence and the resulting opinion:  Exercise extreme care before advising your client to enter a guilty plea in an Iranian sanctions matter without an agreement on an upper limit to the sentence to be sought by the United States.  Otherwise, the client may ultimately read the following in the appellate opinion affirming his sentence:
 
At bottom, Cheng disagrees with the district court’s weighing of the various sentencing factors, but we find no abuse of the court’s broad discretion.  Cf. Arroyo-Maldonado, 791 F.3d at 200 (finding no plain error when defendant disagreed with the sentencing court’s weighing of factors).  Criminal defendants are entitled to a weighing of the relevant § 3553(a) factors, “not to a particular result.”  United States v. Carrasco-de-Jesús, 589 F.3d 22, 29 (first Cir. 2009).  Under the circumstances, imposition of a 108-month sentence was not substantively unreasonable.  Cf. Clogston, 662 F.3d at 592 (“There is no one reasonable sentence in any given case but, rather, a universe of reasonable sentencing …
 
  – The case is available at
here

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

COMM_a314.

L. Cassis: “Research Support: Export Control with John Craddock” (University of Kentucky Podcast) 

 
* Author: Lisa Cassis, PhD., Vice President for Research, University of Kentucky,
lcassis@uky.edu.
 
John Craddock joined the Office of Sponsored Projects Administration (OSPA) staff, under the auspices of the Vice President for Research, with the goal of proactively streamlining compliance for UK investigators seeking funding that may be regulated by export control laws. . . .

U.S. export control laws and regulations exist to maintain national security and protect U.S. economic vitality. These regulations control the shipment of both tangible items and technical data outside the country, and prohibit access to export-controlled technical data, materials or equipment to non-U.S. persons within the United States, known as a deemed export.
 
Listen to the
podcast to learn what types of research fall under export control, how to protect research by developing a Technology Control Plan (TCP), and how Craddock can help investigators.

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

COMM_a415.

R. Kelly: “Is Three-Dimensional (3D) Printing a Nuclear Proliferation Tool?”

(Source:
SIPRI, EU Non-proliferation Paper no. 54, February 2017.) [Summary.]
 
* Author: Robert Kelley, Associate Senior Research Fellow, SIPRI Nuclear Weapons Project, Arms Control and Non-proliferation Programme. Contact information and biography available at
here.
 
Three-dimensional (3D) printing is an evolving technology that can produce objects from plastics and metals. It works by building up layers of material hardened by a laser. The process is driven by computers that generate the enabling laser beams from highly detailed computer drawings and models. The parts that can be produced can be accurate copies of the enabling drawings, but they will have different material properties from items produced by traditional manufacturing such as casting, forging and machining.
 
Popular press and more serious analysts have speculated that a complete nuclear weapon or gas centrifuge could be built using a 3D printer, detailed and accurate computer drawings, and appropriate materials. However, the author of the paper, Robert Kelly, has found that very specialized starting materials such as plutonium powder or high explosives would be required and are not readily available. In fact, there are many barriers to successfully manufacturing a complete nuclear weapon and in most cases 3D printing gives no advantage to a non-state proliferator, or even a state, trying to clandestinely build a weapon. This new publication, number 54 in the Non-Proliferation Papers series from the EU Non-Proliferation Consortium, examines the technical limitations of the technology and makes suggestions for how European export regimes can build up and maintain an awareness of cases where it could enable the bypassing of nuclear proliferation barriers. …
 
  – Read the entire publication
here.
  – Read more about the EU Non-proliferation Consortium
here.

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

COMM_a516.

T. Murphy: “Customs Fraud May Lead to a €2 Billion Bill for the UK”

(Source: Author)
 
 
It is being widely-reported this week that the European Union Anti-Fraud Office (commonly known as “OLAF” for the French — Office Européen de Lutte Antifraude) claims that the United Kingdom owes the European Commission €2 billion (~$2.1 billion) in lost customs revenue.  The claim is based on an allegation that HM Revenue & Customs failed to adequately address the widespread and deliberate undervaluation of imported apparel and footwear (i.e., articles with high duty rates) during the period 2013-2016.  OLAF’s investigation found that the fraud was committed by organized crime groups, who used false/undervalued invoices to enter goods through the UK for wider distribution throughout the EU.
 
The claim alleges that, while other member states took action to combat the fraud, HMRC did not, despite several warnings from OLAF.  The HMRC’s failure to stop this intentional undervaluation at the border resulted in a loss of €2 billion in customs duties, as well as several billion more in uncollected VAT in various member states.  OLAF has also claimed that the fraud is likely to be continuing, HMRC has still not done enough to address the problem.  OLAF has reportedly recommended that the European Commission use its powers to recover the €2 billion in lost customs duties from the UK.   HMRC is contesting the allegations.  More information about this story can be found
here,
here and
here.
 
This story will have implications for anyone importing apparel, footwear or other dutiable items into the UK.  One would expect that the OLAF claim will lead to increased scrutiny of such imports by HMRC.  Importers of these articles can also likely expect increased audit activity.  This issue will also likely complicate the UK’s withdrawal from the EU (i.e., Brexit).  The UK is hoping to negotiate a favorable trading arrangement with the EU post-withdrawal, and the claim that the UK has not tackled blatant customs fraud, to the detriment of other EU member states, will not help that effort.

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

COMM_a617.

Gary Stanley’s ECR Tip of the Day

 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
gstanley@glstrade.com
 
Any foreign national is subject to the “deemed export” rule except a foreign national who (1) is granted permanent residence, as demonstrated by the issuance of a permanent resident visa (i.e., “Green Card”); or (2) is granted U.S. citizenship; or (3) is granted status as a “protected person” under 8 U.S.C. 1324b(a)(3). This includes all persons in the U.S. as tourists, students, businesspeople, scholars, researchers, technical experts, sailors, airline personnel, salespeople, military personnel, diplomats, etc. As noted, one exception to this general statement is a “protected person.” “Protected persons” include political refugees and political asylum holders. Be aware that individuals seeking “protected person” status must satisfy all of the terms and conditions that are fully set forth in 8 U.S.C. 1324b(a)(3). It should be emphasized that although the deemed export rule may be triggered, this does not necessarily mean that a license is required. For example, the technology may be EAR99 or EAR license exception eligible.

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

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a118.

Full Circle Compliance & University of Liverpool Present: EMITC Talks International Trade Compliance on 30 March

(Source: Editor)
 
On Thursday, 30 March 2017, Full Circle Compliance and the University of Liverpool will jointly organize an exclusive event for professionals working in International Trade Compliance (“ITC”) and interested in taking their career to the next level by earning a Masters Degree in ITC.
 
    EMITC Talks International Trade Compliance
 
During the event Full Circle Compliance and the University of Liverpool will elaborate upon the
Executive Masters in International Trade Compliance (EMITC) program, and how it will benefit you and your organization’s compliance efforts.  One of the current students will discuss his own experience with the program, and how it has given him the skills, competencies and tools to develop a compliance program within his organization.
 
A keynote presentation will be delivered by
Kevin J. Wolf, former Assistant Secretary of Commerce for Export Administration in the Bureau of Industry and Security (BIS) at the U.S. Department of Commerce, now partner of Akin Gump Strauss Hauer & Feld LLP.  Mr. Wolf’s will discuss, among other things, the future of U.S. export controls and of the Export Control Reform Initiative under the Trump Administration.
 
Details
 
* What: EMITC Talks International Trade Compliance.
* When: Thursday, 30 March 2017.
* Time: 2.30 – 5.00 PM CET.
* Where: Full Circle Compliance, Landgoed Groenhoven, Dorpsstraat 6, Bruchem, The Netherlands.
* Sponsor: Full Circle Compliance and the University of Liverpool.
* Register: click 
here to register for this event.
 
Updates on the event will be provided on the this 
webpage.  For questions, please contact us at
info@fullcirclecompliance.eu or
exed@liverpool.ac.uk.

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

TE_a219
. 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)

#” New listing this week:   
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:

* 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 14: Wash DC; “
Enforce and Protect Act (EAPA) Workshop
;” U.S. Dept. of Homeland Security/U.S. Customs and Border Protection;
RAEAPA@cbp.dhs.gov 

* Mar 14: Webinar; “

Chapter 98: Duty Savings, Legislative Changes and CBP Instructions
;”
Sandler, Travis & Rosenberg, P.A.;
webinarorganizers@strtrade.com 

* 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 20: Webinar; “
GTM Webinar Series Part Three: License Determination;” Amber Road

* Mar 21: London UK; “
Export Control Symposium 2017
;” Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Mar 21: Wash DC; “
Hiccup or Hardball: China’s Role in America’s Future
;” American Bar Association

* 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 22: San Francisco CA; “Penalties and Protests – How to Handle the Delicate Process;” Customs Brokers and Forwarders Association of Northern California

* Mar 28-29: San Francisco CA; “7th Advanced Industry Forum on Global Encryption, Cloud & Cyber Export Controls;” American Conference Institute

* Mar 28-29: Scottsdale AZ; “ITAR/EAR Critical Compliance;” Export Compliance Solutions; spalmer@exportcompliancesolutions.com

* Mar 28: Webinar; “
In Uncertain Times, the Only Certainty is Enforcement
;” ECTI;
danielle@learnexportcompliance.com
; 540-433-3977

* 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

# Mar 30: Bruchem, the Netherlands; “
EMITC Talks International Trade Compliance
;” University of Liverpool and Full Circle Compliance

* 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 3: Wash DC; “
NAFTA Renegotiated – The Winners and Losers
;” Arent Fox LLP

* Apr 4: Webinar; “GTM Webinar Series Part Four: Supply Chain Collaboration;” Amber Road

* 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: Baltimore MD; “
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 

* May 24-25: Annapolis MD; “
Advanced ITAR/EAR Compliance: Using Export Controls to Your Advantage
;” 
spalmer@exportcompliancesolutions.com
; 866-238-4018 / 410-757-1919

* 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 12: Shanghai China; “
5th Advanced China Forum on Import Compliance
;” American Conference Institute

* 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

# Jul 26-27
: Seattle WA; “
2017 Export Controls Conference
;” Dept. of Commerce/U.S. Commercial Service, Dept. of Homeland Security/Homeland Security Investigations, Seattle University, Dorsey & Whitney LLP

* 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 22-24: Grapevine TX; “
Annual ICPA Fall Conference
;” International Compliance Professional Association;
Wizard@icpainc.org 

* Oct 23-24: Arlington VA; “

2017 Fall Advanced Conference
;” Society for International Affairs

* Oct 30-Nov 2: Phoenix AZ; “
ITAR Defense Trade Controls / EAR Export Controls Seminar
;” ECTI;
jessica@learnexportcompliance.com
; 540-433-3977

* 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 6: Wood Ridge NJ; “
AES Compliance Seminar
;” 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

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

ENEDITOR’S NOTES

EN_a120. Bartlett’s Unfamiliar Quotations

(Source: Editor) 

*
Maxwell Maltz (10 Mar 1889–7 Apr 1975, was an American cosmetic surgeon and author of
Psycho-Cybernetics, which is considered the forerunner of the now popular self-help books.

  – “Often the difference between a successful man and a failure is not one’s better abilities or ideas, but the courage that one has to bet on his ideas, to take a calculated risk, and to act.”

  – “The ‘self-image’ is the key to human personality and human behavior. Change the self-image and you change the personality and the behavior.”

 

Friday funnies:

A ventriloquist with his dummy on his knee was going through his usual “dumb blonde” jokes, when a blonde in the 4th row stood up and shouted: “I’ve heard enough of your stupid ‘blonde’ jokes. What makes you think you can stereotype us that way?  What does the color of a person’s hair have to do with her intelligence?  It’s guys like you who keep blondes like me from being properly respected!” The embarrassed ventriloquist began to apologize, but the blonde yelled, “You stay out of this, mister! I’m talking to that little jerk on your lap!”

  — Richard Hingst, Lapeer, MI 

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

EN_a221. 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: 24 Feb 2017: 82 FR 11505-11506: Temporary General License: Extension of Validity

  
*
FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR)
: 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders
  – Last Amendment: 10 Feb 2017: 
82 FR 10434-10440: Inflation Adjustment of Civil Monetary Penalties 
 
*
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: 7 Mar 2017: Harmonized System Update 1702, containing 1,754 ABI records and 360 harmonized tariff records.
  – 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 8 Mar 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.

* TO UNSUBSCRIBE: Use the Safe Unsubscribe link below.

Scroll to Top