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17-0327 Monday “The Daily Bugle”

17-0327 Monday “Daily Bugle”

Monday, 27 March 2017

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  1. DoD/DFARS Seeks Comments on Publicizing Contract Actions, and Providing Information to Cooperative Agreement Holders 
  2. DoD/DFARS Seeks Comments on Part 211, Describing Agency Needs, and Related Clauses 
  3. DoD/DFARS Seeks Comments on Subpart 215.4, Contract Pricing, and Related Clauses 
  4. DoD/DFARS Seeks Comments on Part 244, Subcontracting Policies and Procedures 
  5. DoD/DFARS Seeks Comments on Part 225, Foreign Acquisition, and Related Clauses 
  6. DoD/DARS Seeks Comments on Part 237, Service Contracting, and Associated Clauses 
  7. DoD/DFARS Seeks Comments on Part 232, Contract Financing, and Related Clauses 
  8. State Seeks Comments on Responsible Conflict Mineral Sourcing 
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/Census Removes AES License Code C32 
  3. Commerce/BIS: (No new postings) 
  4. DoD/DSCA Posts SAMM and Policy Memorandum, 26-31 Mar 
  5. DoD/DSS Knowledge Center Closed on 31 Mar 
  6. Justice: “Lebanese Businessman Tied to Hizballah Arrested for Violating IEEPA and Defrauding the U.S. Government”  
  7. State/DDTC: (No new postings.) 
  8. EU Amends Restrictive Measures Concerning ISIL and Al-Qaida for the 263rd Time 
  1. Asharq Al-Awsat: “New US Sanctions on Entities that Have Helped Iran’s Ballistic Missile Program” 
  2. Military Times: “Iran Strikes Back at U.S. With ‘Reciprocal’ Sanctions” 
  3. ST&R Trade Report: “New Legislation on Import Restrictions, Cuba Trade, Foreign Bribery, Boycotts” 
  1. L.K. Rothberg & M. Gatti: “To File or Not to File for A Trademark in Cuba: Will Your Cuban Trademark Immediately Become Blocked Property?” 
  2. Gary Stanley’s ECR Tip of the Day 
  3. R.C. Burns: “About That Laptop Ban” 
  1. ECTI Presents Separating Signal from Noise: Effectively Measuring “Success” for an Export Compliance Program Webinar, 26 Apr 
  1. Monday List of Ex/Im Job Openings: 101 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 (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. DoD/DFARS Seeks Comments on Publicizing Contract Actions, and Providing Information to Cooperative Agreement Holders


(Source: Federal Register) [Excerpts.]
 
82 FR 15191: Submission for OMB Review; Comment Request
* ACTION: Notice. …
* DATES: Consideration will be given to all comments received by April 26, 2017.
* SUPPLEMENTARY INFORMATION:
  – Title and OMB Number: Defense Federal Acquisition Regulation Supplement (DFARS), Part 205, Publicizing Contract Actions, and DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders; OMB Control Number 0704-0286. …
  – Needs and Uses: DFARS 205.470 prescribes the use of the clause at DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders, in solicitations and contracts, including solicitations and contracts using Federal Acquisition Regulation (FAR) part 12 procedures for the acquisition of commercial items, which are expected to exceed $1,000,000. This clause implements 10 U.S.C. 2416. The clause requires contractors to provide cooperative agreement holders, upon request, with a list of the contractor’s employees or offices responsible for entering into subcontracts under DoD contracts. The list must include the business address, telephone number, and area of responsibility of each employee or office.
   The Contractor need not provide the listing to a particular cooperative agreement holder more frequently than once a year. Upon receipt of a contractor’s list, the cooperative agreement holder utilizes the information to help businesses identify and pursue contracting opportunities with DoD and expand the number of businesses capable of participating in Government contracts.
 
Jennifer L. Hawes, Editor, Defense Acquisition Regulations System.

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EXIM_a2

2. DoD/DFARS Seeks Comments on Part 211, Describing Agency Needs, and Related Clauses


(Source: Federal Register) [Excerpts.]
 
82 FR 15192: Submission for OMB Review; Comment Request
* ACTION: Notice. …
* DATES: Consideration will be given to all comments received by April 26, 2017.
* SUPPLEMENTARY INFORMATION:
  – Title and OMB Number: DFARS Defense Acquisition Regulation Supplement (DFARS) Part 211, Describing Agency Needs, and related clauses at DFARS 252.211; OMB Control Number 0704-0398.
  – Needs and Uses:
    (1) DFARS provision 252.211-7004, Alternate Preservation, Packaging, and Packing, allows potential offerors to propose alternatives to military preservation, packaging, or packing specifications. Specifically, the offeror may include in its offer two unit prices in the format specified in the clause: one price based on use of the military specifications, and another price based on commercial or industry preservation, packaging, or packing of equal or better protection that the military. DoD uses the information to evaluate and award contracts using commercial or industrial preservation, packaging, or packing if the offeror chooses to propose such alternates.
    (2) DFARS provision 252.211-7005, Substitutions for Military or Federal Specifications and Standards, permits offerors to propose Single Process Initiative (SPI) processes as alternatives to military or Federal specifications and standards cited in DoD solicitations for previously developed items. DoD uses the information to verify Government acceptance of an SPI process as a valid replacement for a military or Federal specification or standard.
    (3) DFARS clause 252.211-7007, Reporting of Government-Furnished Property, requires contractors to report to the DoD Item Unique Identification (IUID) Registry all serially-managed Government-furnished property (GFP), as well as contractor receipt of non-serially managed items. The clause provides a list of specific reportable data elements and procedures for updating the IUID registry. DFARS 252.211-7007 strengthens the accountability and end-to-end traceability of GFP within DoD. Through electronic notification of physical receipt, the contracting officer is made aware that GFP has arrived at the contractor’s repair facility. The DoD logistics community uses the information as a data source of available DoD equipment. In addition, the DoD organization responsible for contract administration uses the data to test the adequacy of the contractor’s property management system. …
 
Jennifer L. Hawes, Editor, Defense Acquisition Regulations System.

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EXIM_a3

3. DoD/DFARS Seeks Comments on Subpart 215.4, Contract Pricing, and Related Clauses


(Source: Federal Register) [Excerpts.]
 
82 FR 15193-15194: Submission for OMB Review; Comment Request
* ACTION: Notice. …
* DATES: Consideration will be given to all comments received by April 26, 2017.
* SUPPLEMENTARY INFORMATION:
  – Title and OMB Number: Defense Federal Acquisition Regulations Supplement (DFARS) Subpart 215.4, Contract Pricing, and Related Clauses at DFARS 252.215; OMB Control Number 0704-0232. …
  – Needs and Uses: DFARS clause 252.215-7002, Cost Estimating Systems Requirements, includes the following information collection requirements, which are necessary to evaluate and monitor contractor cost estimating systems; however, the need for information collection decreases as contractor estimating systems improve and gain contracting officer approval:
    (a) Paragraph (d)(1) requires the contractor to establish an adequate estimating system, disclose such estimating systems to the ACO, in writing;
    (b) Paragraph (d)(3)(ii) requires the contractor to disclose significant changes to the cost estimating system to the ACO on a timely basis;
    (c) Paragraph (e)(2) requires the contractor to respond within 30 days to the contracting officer’s written initial determination that identifies significant deficiencies in the contractor’s estimating system; and
    (d) Paragraph (f) requires the contractor to respond within 45 days to the contracting officer’s final determination of significant deficiencies, and either correct the significant deficiencies or submit an acceptable corrective action plan showing milestones and actions to eliminate the deficiencies.
  DoD contracting officers use this information to determine if the contractor has an adequate system for generating cost estimates, which forecasts costs based on appropriate source information available at the time, and has the ability to monitor the correction of significant deficiencies. …
 
Jennifer L. Hawes, Editor, Defense Acquisition Regulations System.

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EXIM_a4

4. DoD/DFARS Seeks Comments on Part 244, Subcontracting Policies and Procedures

(Source: Federal Register) [Excerpts.]
 
82 Fr 15192-15193: Submission for OMB Review; Comment Request
* ACTION: Notice.
* DATES: Consideration will be given to all comments received by April 26, 2017.
* SUPPLEMENTARY INFORMATION:
  – Title and OMB Number: Subcontracting Policies and Procedures–DFARS Part 244; OMB Control Number 0704-0253. …
  – Needs and Uses: Contracting officers use the information provided in contractor responses to initial and final business system determinations as a basis for either approving or disapproving the contractor’s purchasing system. DFARS 244.305-71, Contractor Purchasing System, prescribes the use of the following clause and its alternate:
    (1) DFARS clause 252.244-7001, Contractor Purchasing System Administration–Basic, which is prescribed for use in solicitations and contracts containing the clause at FAR 52.244-2, Subcontracts.
    (2) DFARS clause 252.244-7001, Contractor Purchasing System Administration–Alternate I, which is prescribed for use in solicitations and contracts that contain DFARS clause 252.246-7007, Contractor Counterfeit Electronic Part Detection and Avoidance System, but do not contain FAR 52.244-2, Subcontracts.
  The basic clause and its alternate provide the criteria necessary for contractors to establish an acceptable purchasing system. Paragraph (d)(2) of the clause requires the contractor to respond within 30 days to the contracting officer’s written initial determination that significant deficiencies exist in the contractor’s purchasing system. If the contractor disagrees with the initial determination, the contractor responds, providing rationale for disagreeing. Paragraph (e) of both the clause and its Alternate requires the contractor to respond within 45 days to the contracting officer’s final determination that significant deficiencies exist, and to either correct the significant deficiencies or submit an acceptable corrective action plan showing milestones and actions. …
 

Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. 

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EXIM_a5

5. DoD/DFARS Seeks Comments on Part 225, Foreign Acquisition, and Related Clauses


(Source: Federal Register) [Excerpts.]
 
82 FR 15190-15191: Submission for OMB Review; Comment Request
* ACTION: Notice. …
* DATES: Consideration will be given to all comments received by April 26, 2017.
* SUPPLEMENTARY INFORMATION:
  – Title, Associated Form, and OMB Number: Defense Federal Acquisition Regulation Supplement Part 225, Foreign Acquisition, and Related Clauses at 252.225; DD Form 2139; OMB Control Number 0704-0229.
  – Needs and Uses: This information collection includes requirements related to foreign acquisition in DFARS Part 225, Foreign Acquisition, and the related clause at DFARS 252.225.
    (1) DFARS 252.225-7000, Buy American Act–Balance of Payments Program Certificate, as prescribed in 225.1101(1), requires an offeror to identify, in its proposal, supplies that are not domestic end products, separately listing qualifying country and other foreign end products.
    (2) DFARS 252.225-7003, Report of Intended Performance Outside the United States and Canada–Submission with Offer, and 252.225-7004, Report of Intended Performance Outside the United States and Canada–Submission after Award, as prescribed in 225.7204(a) and (b) respectively, require offerors and contractors to submit a Report of Contract Performance Outside the United States for subcontracts to be performed outside the United States. The reporting threshold is $700,000 for contracts that exceed $13.5 million. The contractor may submit the report on DD Form 2139, Report of Contract Performance Outside the United States, or a computer-generated report that contains all information required by DD Form 2139.
    (3) DFARS 252.225-7005, Identification of Expenditures in the United States, as prescribed in 225.1103(1), requires contractors incorporated or located in the United States to identify, on each request for payment under contracts for supplies to be used, or for construction or services to be performed, outside the United States, that part of the requested payment representing estimated expenditures in the United States.
    (4) DFARS 252.225-7010, Commercial Derivative Military Article–Specialty Metals Compliance Certificate, as prescribed at 225.7003-5(b), requires the offeror to certify that it will take certain actions with regard to specialty metals if the offeror chooses to use the alternative compliance approach when providing commercial derivative military articles to the Government.
    (5) DFARS 252.225-7013, Duty-Free Entry, as prescribed in 225.1101(4), requires the contractor to provide information on shipping documents and customs forms regarding products that are eligible for duty-free entry.
    (6) DFARS 252.225-7018, Photovoltaic Devices–Certificate, as prescribed at 225.7017-4(b), requires offerors to certify that no photovoltaic devices with an estimated value exceeding $3,000 will be utilized in performance of the contract or to specify the country of origin.
    (7) DFARS 252.225-7020, Trade Agreements Certificate, as prescribed in 225.1101(5), requires an offeror to list the item number and country of origin of any nondesignated country end product that it intends to furnish under the contract. Either 252.225-7020 or 252.225-7022 is used in any solicitation for products subject to the World Trade Organization Government Procurement Agreement.
    (8) DFARS 252.225-7021, Alternate II, Trade Agreements, as prescribed in 225.1101(6)(ii), in order to comply with a condition of the waiver authority provided by the United States Trade Representative to the Secretary of Defense, requires contractors from a south Caucasus/central or south Asian state to inform the government of its participation in the acquisition and also advise their governments that they generally will not have such opportunities in the future unless their governments provide reciprocal procurement opportunities to U.S. products and services and suppliers of such products and services.
    (9) DFARS 252.225-7023, Preference for Products or Services from Afghanistan, as prescribed in 225.7703-5(a), requires an offeror to identify, in its proposal, products or services that are not products or services from Iraq or Afghanistan.
    (10) DFARS 252.225-7025, Restriction on Acquisition of Forgings, as prescribed in 225.7102-4, requires the contractor to retain records showing compliance with the requirement that end items and their components delivered under the contract contain forging items that are of domestic manufacture only. The contractor must retain the records for 3 years after final payment and must make the records available upon request of the contracting officer. The contractor may request a waiver of this requirement in accordance with DFARS 225.7102-3.
    (11) DFARS 252.225-7032, Waiver of United Kingdom Levies–Evaluation of Offers, and 252.225-7033, Waiver of United Kingdom Levies, as prescribed in 225.1101(7) and (8), require an offeror to provide information to the contracting officer regarding any United Kingdom levies included in the offered price, and require the contractor to provide information to the contracting officer regarding any United Kingdom levies to be included in a subcontract that exceeds $1 million, before award of the subcontract.
    (12) DFARS 252.225-7035, Buy American Act–North American Free Trade Agreement Implementation Act–Balance of Payments Program Certificate, as prescribed in 225.1101(9), requires an offeror to list any qualifying country, NAFTA country, or other foreign end product that it intends to furnish under the contract. The Buy American Act no longer applies to acquisitions of commercial information technology.
    (13) DFARS 252.225-7046, Exports of Approved Community Members in Response to the Solicitation, requires a representation whether exports or transfers of qualifying defense articles were made in preparing the response to the solicitation. If yes, the offeror represents that such exports or transfers complied with the requirements of the provision. …
 
Jennifer L. Hawes, Editor, Defense Acquisition Regulations System.

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EXIM_a6

6. DoD/DFARS Seeks Comments on Part 237, Service Contracting, and Associated Clauses
(Source: Federal Register) [Excerpts.]
 
82 FR 15189-15190: Submission for OMB Review; Comment Request
* ACTION: Notice.
* DATES: Consideration will be given to all comments received by May 26, 2017.
* SUPPLEMENTARY INFORMATION:
  – Title and OMB Number: Defense Federal Acquisition Regulation Supplement (DFARS) Part 237, Service Contracting, associated DFARS Clauses at DFARS 252.237, and DD Form 2063, Record of Preparation and Disposition of Remains (Within CONUS); OMB Control Number 0704-0231.
  – Needs and Uses: This information collection is used for the
following purposes–
    (1) DFARS 237.270 prescribes the use of the provision at DFARS 252.237-
7000, Notice of Special Standards, in solicitations for the acquisition
of audit services. The provision, at paragraph (c), requires the
apparently successful offeror to submit evidence that it is properly
licensed in the state or political jurisdiction it operates its
professional practice.
    (2) DFARS 237.7003 prescribes the use of the clause 252.237-7011, Preparation History, and DD Form 2063, Record of Preparation and Disposition of Remains (Within CONUS). The clause and the DD Form 2063 are used to verify that the deceased’s remains have been properly cared by the mortuary contractor.
    (3) DFARS 237.7603(b) prescribes the use of the provision at 252.237-
7024, Notice of Continuation of Essential Contractor Services, in
solicitations that require the acquisition of services to support a
mission essential function. The provision requires the offeror to
submit a written plan demonstrating its capability to continue to
provide the contractually required services to support a DoD
component’s mission essential functions in an emergency. The written
plan, submitted concurrently with the proposal or offer, allows the
contracting officer to assess the offeror’s capability to continue
providing contractually required services to support the DoD
component’s mission essential functions in an emergency.
    (4) DFARS 237.7603(a) prescribes the use of the clause at DFARS 252.237-7023, Continuation of Essential Contractor Services, in solicitations and contracts for services in support of mission essential functions. The clause requires the contractor to maintain and update its written plan as necessary to ensure that it can continue to provide services to support the DoD component’s mission essential functions in an emergency. The contracting officer provides approval of the updates to the contractor’s plan, to ensure that the contractor can continue to provide services in support of the DoD component’s required mission essential functions in an emergency. …
 
Jennifer L. Hawes, Editor, Defense Acquisition Regulations System.

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

EXIM_a7

7. DoD/DFARS Seeks Comments on Part 232, Contract Financing, and Related Clauses


(Source: Federal Register) [Excerpts.]
 
82 FR 15194: Submission for OMB Review; Comment Request
* ACTION: Notice. …
* DATES: Consideration will be given to all comments received by April 26, 2017.
* SUPPLEMENTARY INFORMATION:
  – Title and OMB Number: DFARS Part 232, Contract Financing, and Related Clauses at DFARS 252.232; OMB Control Number 0704-0359. …
  – Needs and Uses: This requirement provides for the collection of information related to contract financing under DoD contracts.
    (1) DFARS 252.232-7007, Limitation of Government’s Obligation. The Government will use this information to decide whether to allot additional funds for continued performance under the contract or to terminate the contract for convenience. If after such notification additional funds are not allotted by the date identified in the contractor’s notification, or by an agreed substitute date, the contracting officer will terminate any items for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”
    (2) DFARS subpart 232.10, Performance-Based Payments. If a contractor desires to structure contract financing using performance-based payments, the contractor shall submit a proposed performance-based payments schedule which includes all performance-based payments events, completion criteria and event values along with the expected expenditure profile. The contracting officer will use this information to populate the Performance Based Payments analysis tool and negotiate the performance-based payment event schedule. This analysis tool is a cash-flow model used for evaluating alternative financing arrangements and to calculate improved financing opportunities that will provide benefit to both industry (prime and subcontractor level) and the taxpayer.
 
Jennifer L. Hawes, Editor, Defense Acquisition Regulations System.

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

EXIM_a7

8. State Seeks Comments on Responsible Conflict Mineral Sourcing


(Source: Federal Register)
 
82 FR 15265-15266: Notice of Stakeholder Consultations on Responsible Conflict Mineral Sourcing
* AGENCY: Department of State.
* ACTION: Notice; solicitation of comments.
* SUMMARY: The United States announces that the United States remains committed to working with our partners to break the links between armed groups and the minerals trade in the Democratic Republic of Congo and other countries in the Great Lakes Region of Africa. The United States has played a leading role encouraging responsible sourcing and supply chain management in the minerals sector in this region as part of broader U.S. efforts to support peace and security, and to ensure that the region’s resource wealth helps advance broad, inclusive, and sustainable socio-economic development. The U.S. Department of State (Department), along with other agencies and departments is seeking input from stakeholders to inform recommendations of how best to support responsible sourcing of tin, tantalum, tungsten and gold.
* DATES: The Department will consider requests and comments received or postmarked by April 28, 2017.
* ADDRESSES: Parties may submit input or request stakeholder consultations to: ConflictMineral@state.gov. If sent by mail, written comments should be addressed to: Ms. Elizabeth Orlando, U.S. Department of State, 2201 C Street NW., Room 3843, Washington, DC 20520. All comments should include a contact person.
   All comments received during this comment period will be part of the official record and may become public, no matter how initially submitted.
* FOR FURTHER INFORMATION CONTACT: Details on the SEC Final Rule on Section 1502 of the Dodd-Frank Act are available here. Information on the Department’s commitment to international responsible sourcing standards is available here and here.
   Please refer to this Web site or contact Ms. Elizabeth Orlando at the address listed in the Addresses section of this notice.
* SUPPLEMENTARY INFORMATION: Determined to break the link between armed groups and minerals in the Africa Great Lakes Region, in 2010 Congress enacted Section 1502 of the Wall Street Consumer Reform and Protection Act of 2010. That law requires the Securities and Exchange Commission to promulgate regulations requiring approximately 6,000 companies listed on U.S. exchanges to annually disclose to the SEC whether any “conflict minerals” (tin, tantalum, tungsten and gold) necessary to the functionality or production of a product are from the DRC or nine adjacent countries.
 
  Andrew Weinschenk,Director, Office of Threat Finance Countermeasures, Department of State.

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OGSOTHER GOVERNMENT SOURCES

OGS_a19. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)

[No items of interest noted today.]
* * * * * * * * * * * * * * * * * * * *

 
On June 9, 2016, the U.S. Census Bureau issued a broadcast informing filers in the Automated Export System (AES) that effective October 1, 2016, the Department of Commerce, Bureau of Industry and Security (BIS) removed from AES License Code C32, designated for No License Required (NLR) shipments. BIS gave AES filers 180 days or 6 months to comply with this change. Effective April 1, 2017 License Code C32 will no longer be accepted and AES filers reporting C32 will receive a fatal error from AES.
 
License Code C33 shall be used for NLR shipments, except those classified with Export Control Classification Numbers (ECCNs) 600-series and 9×515 having a .y paragraph which will continue to be designated as NLR under C60 (DY6).
 
For questions regarding these AES changes, please contact the Bureau of Industry and Security by email at ECR_AES@bis.doc.gov or at (202) 482-4933.
 
For classification questions about ECCNs, please contact the Bureau of Industry and Security at one of the numbers below:
 
  – Outreach and Educational Services Division (located in Washington, DC) (202) 482-4811
  – Western Regional Office (located in Irvine, CA) (949) 660-0144
  – Northern California branch (located in San Jose, CA) (408) 998-8806

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

OGS_311. Commerce/BIS: (No new postings.)
(Source:
Commerce/BIS
)
* * * * * * * * * * * * * * * * * * * *

OGS_a4
12. DoD/DSCA Posts SAMM and Policy Memorandum, 26-31 Mar 

 
* DSCA Policy Memo 17-11 Extension of the Lead-Nation Procurement Initiative Test Period has been posted.
  – This policy memorandum adds the Iraq Use Note to Appendix 6 – LOA Notes.

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

 
Personnel Security (PCL) inquiries (option #2) to include e-QIP authentication resets of the DSS Knowledge Center will be closed on Friday, March 31, 2017, for the purpose of conducting internal training to deliver the highest quality customer service to Industry and Government callers. Normal operations for PCL and e-QIP inquiries will resume on Monday, April 3, 2017. Reminder, the PCL portion of the DSS Knowledge Center typically closes on the last Friday each month.
* * * * * * * * * * * * * * * * * * * *

(Source:
Justice
) [Excerpts.]
 
Kassim Tajideen, a prominent financial supporter of the Hizballah terror organization, has been arrested and charged with evading U.S. sanctions imposed on him because of his financial support of Hizballah.
 
Tajideen, 62, of Beirut, Lebanon, was arrested overseas on March 12, 2017, based on an 11-count indictment unsealed today in the U.S. District Court for the District of Columbia following his arrival to the United States. Tajideen made his initial court appearance today before Magistrate Judge Robin M. Meriweather. …
  
  “Because of his support for Hizballah, a major international terrorist group, the U.S. government imposed sanctions on Kassim Tajideen in 2009 that barred him from doing business with U.S. individuals and companies,” said Acting Assistant Attorney General Blanco. “Those sanctions are a powerful tool in our efforts to combat terrorists and those who would support them. Indeed, the sanctions posed such a significant threat to Tajideen’s extensive business interests that he allegedly went to great lengths to evade them by hiding his identity from the U.S. entities he did business with, and from the government agencies responsible for enforcing the sanctions. Thanks to the diligent work of our prosecutors and law enforcement partners, we broke through the web of intermediaries Tajideen allegedly used to conceal his involvement, and he has been brought to the United States to face justice.”
 
  “Kassim Tajideen is alleged to have willfully flouted U.S. sanctions that were based on his prior support for Hizballah, a designated foreign terrorist organization,” said Acting Assistant Attorney General for National Security McCord. “Those sanctions are designed to protect our national security and public safety by limiting terrorists’ access to resources, and this extradition sends a clear message that we are resolved to find and hold accountable those who violate these laws.” …
 
  “Kassim Tajideen posed a direct threat to safety and stability around the world,” said DEA Special Agent in Charge Donovan. “A prominent money man for Hizballah, Tajideen acted as a key source of funds for their global terror network. DEA and our partners are unrelenting in our pursuit of the world’s most dangerous terror and criminal networks and their many facilitators who threaten the rule of law and innocent lives.”

The indictment charges Tajideen with one count of willfully conspiring to violate the International Emergency Economic Powers Act (IEEPA) and the Global Terrorism Sanctions Regulations, seven counts of unlawful transactions with a Specially Designated Global Terrorist, and one count of conspiracy to launder monetary instruments. The indictment also indicates that the government will seek a forfeiture money judgment against the defendants equal to the value of any property, real or personal, which constitutes or is derived from proceeds traceable to these offenses.
 
According to the indictment, Tajideen allegedly presided over a multi-billion-dollar commodity distribution business that operates primarily in the Middle East and Africa through a web of vertically integrated companies, partnerships and trade names. The indictment further alleges that Tajideen and others engaged in an elaborate scheme to engage in business with U.S. companies while concealing Tajideen’s involvement in those transactions.
 
The Department of the Treasury’s Office of Foreign Assets Control named Tajideen a Specially Designated Global Terrorist on May 27, 2009. This designation prohibits U.S. companies from transacting unlicensed business with Tajideen or any companies which are operated for his benefit – in essence stripping Tajideen’s global business empire of its ability to legally acquire goods from, or wire money into, the U.S.  However, the indictment alleges that Tajideen restructured his business empire after the designation in order to evade the sanctions and continue conducting transactions with U.S. entities.  Tajideen and others are alleged to have created new trade names and to have misrepresented his ownership in certain entities in order to conceal Tajideen’s association. The scheme allowed Tajideen’s companies to continue to illegally transact business directly with unwitting U.S. vendors, as well as to continue utilizing the U.S. financial and freight transportation systems to conduct wire transfers and move shipping containers despite the sanctions against Tajideen.
 
According to the indictment, between approximately July of 2013 until the present day, the conspirators illegally completed at least 47 individual wire transfers, totaling over approximately $27 million, to parties in the U.S. During the same time period, the conspirators caused dozens of illegal shipments of goods to leave U.S. ports for the benefit of Tajideen, without obtaining the proper licenses from the U.S. Department of the Treasury.
 
Tajideen pleaded not guilty and was ordered held pending a detention hearing set for March 29. …
 

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OGS_a715. State/DDTC: (No new postings.)
(Source:
State/DDTC
)
* * * * * * * * * * * * * * * * * * * *

OGS_a816. EU Amends Restrictive Measures Concerning ISIL and Al-Qaida for the 263rd Time
 
Regulations:
  –
Commission Implementing Regulation (EU) 2017/557
of 24 March 2017 amending for the 263rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organizations
* * * * * * * * * * * * * * * * * * * *

NWSNEWS

 
The United States has imposed sanctions on 30 foreign companies or individuals in 10 countries for transferring sensitive items to Iran for its missile program or for violating export controls on Iran, North Korea and Syria.
 
The State Department said on Friday that the sanctions exemplify the US government’s continued commitment to Nonproliferation and the promotion of global stability and security. They were imposed pursuant to the Iran, North Korea, and Syria Nonproliferation Act (INKSNA).
 
Eleven companies or individuals were sanctioned for technology transfers that could boost Tehran’s ballistic missile program, the Department said in a statement.
 
The eleven entities include Beijing Zhong Ke Electric Co. Ltd. (ZKEC) (China), Ningbo New Century Import and Export Company Limited (China), Shenzhen Yataida High-Tech Company Ltd (China), Sinotech (Dalian) Carbon and Graphite Corporation (SCGC) (China), Saeng Pil Trading Corporation (SPTC) (North Korea) and Mabrooka Trading (United Arab Emirates).
 
  “Iran’s proliferation of missile technology significantly contributes to regional tensions. As an example, we have seen indications Iran is providing missile support to the Houthis in Yemen. This destabilizing activity only serves to escalate regional conflicts further and poses a significant threat to regional security,” the statement said.
 
  “We will continue to take steps to address Iran’s missile development and production and sanction entities and individuals involved in supporting these programs under US law. The imposition of sanctions against these eleven foreign entities is a continuation of our commitment to hold Iran accountable for its actions,” it added.
 
An additional 19 foreign entities and individuals were sanctioned under INKSNA on March 21 for other violations, including transferring material that could contribute to the development of weapons of mass destruction or missile proliferation.
 
The following restrictions on the sanctioned individuals and entities have gone into effect:
 
  (1) No department or agency of the US Government may procure or contract for any goods, services, or technology from the designated entities, except to the extent the Secretary of State otherwise may determine;
 
  (2) The designated entities are ineligible for any assistance program of the US Government, except to the extent the Secretary of State otherwise may determine;
 
  (3) Government sales of any item on the US Munitions List to these entities are prohibited, and sales of any defense articles, defense services, or design and construction services controlled under the Arms Export Control Act are terminated.
* * * * * * * * * * * * * * * * * * * *

 
Iran on Sunday sanctioned what it described as 15 American companies, alleging they support terrorism, repression and Israel’s occupation of land Palestinians want for a future state, likely in retaliation for sanctions earlier announced by the U.S.
 
The wide-ranging list from an American real estate company to a major arms manufacturer appeared more symbolic than anything else as the firms weren’t immediately known to be doing business anywhere in the Islamic Republic.
 
A Foreign Ministry statement carried by the state-run IRNA news agency said the sanctions barred companies from any agreements with Iranian firms and that former and current directors would not be eligible for visas. It also said any of the company’s assets in Iran could be seized.
 
  “The sanctioned companies have, directly and/or indirectly, been involved in the brutal atrocities committed by the Zionist regime in the occupied Palestinian territories, or they have supported the regime’s terrorist activities and Israel’s development of Zionist settlements on the Palestinian soil,” the IRNA report said.
 
The IRNA report referred to the sanctions as a “reciprocal act,” without elaborating. Iran’s new sanctions comes after the Trump administration in February sanctioned more than two dozen people and companies in retaliation for a recent ballistic missile test.
 
The companies named did not immediately respond to requests for comment Sunday. They included ITT Corp., missile-maker Raytheon Co. and United Technologies Corp. Denver’s Re/Max Holdings Inc., a real estate company, also made the list.
 
Another firm on the list, truck maker Oshkosh, has worked closely with Israeli armored products maker Plasan, including on the Sand Cat armored vehicle that is used by several countries, including Israel. The Israeli Defense Ministry is reportedly seeking to buy some 200 tactical trucks from the Oshkosh, Wisconsin-based company.
 
Kahr Arms and Magnum Research, two sanctioned firms which share the same parent company, advertise .44-caliber Magnum and .50-caliber “Desert Eagle” pistols – a product line that previously has been made in Israel.
 
Meanwhile, a senior Iranian lawmaker said Iran would consider a bill branding the U.S. military and the CIA as terrorist groups if the U.S. Congress passes a bill designating Iran’s Revolutionary Guard a terrorist organization.
 
Allaeddin Boroujerdi, the head of parliament’s national security and foreign policy committee, was quoted by Iranian state television as saying the move to further sanction the Revolutionary Guard goes against the 2015 nuclear deal Iran reached with the United States and other world powers.
 
The nuclear deal saw Iran agree to limit its enrichment of uranium in exchange for the lifting of some economic sanctions. In the time since, Chicago-based Boeing Co. has struck a $16.6 billion deal with Iran for passenger planes.
 
Tehran and Washington have had no diplomatic relations since 1979, when militant students stormed the U.S. Embassy and took 52 Americans hostages for 444 days. Tensions eased slightly with the nuclear deal struck by moderate President Hassan Rouhani’s administration, though hard-liners have detained those with Western ties in the time since.
 
Sunday’s sanctions announcement also comes ahead of a May presidential election in which Rouhani is expected to seek re-election.
* * * * * * * * * * * * * * * * * * * *

NWS_a3
19. ST&R Trade Report: “New Legislation on Import Restrictions, Cuba Trade, Foreign Bribery, Boycotts”

 
Cuba
. The Cuba Trade Act (S. 472, introduced Feb. 28 by Sen. Moran, R-Kan.) would repeal or amend current laws restricting trade with Cuba, including eliminating the prohibition on assistance (including export assistance) to Cuba, the president’s authority for the embargo on Cuba, the president’s authority to impose sanctions against Cuban trading partners, restrictions on transactions between U.S.-owned or controlled firms and Cuba, limitations on direct shipping between Cuban and U.S. ports, the prohibition on U.S. persons providing payment or financing terms for sales of agricultural commodities or products to Cuba, and the prohibition on the entry of goods of Cuban origin.
 
FCPA
. The Foreign Business Bribery Prohibition Act (H.R. 1549, introduced March 15 by Rep. Perlmutter, D-Colo.) would expand the Foreign Corrupt Practices Act by authorizing certain private rights of action for violations that damage certain businesses. Perlmutter said this bill “is more important than ever” because “it’s unclear if FCPA enforcement will remain a priority” in the Trump administration.
 
Beef Imports
. S. 688, introduced March 21 by Sen. Tester, D-Mont., would ban imports of beef and poultry from Brazil for 120 days to give the Department of Agriculture time to comprehensively investigate recently identified food safety threats.
 
Illegal Drug Imports
. The International Narcotics Trafficking Emergency Response by Detecting Incoming Contraband with Technology (INTERDICT) Act (S. 708, introduced March 23 by Sen. Markey, D-Mass.) would improve U.S. Customs and Border Protection’s ability to interdict fentanyl, other synthetic opioids, and other narcotics and psychoactive substances illegally imported into the U.S. by (1) ensuring that CBP will have additional portable chemical screening devices available at ports of entry and mail and express consignment facilities as well as additional fixed chemical screening devices available in CBP labs, (2) providing CBP with sufficient resources, personnel, and facilities to interpret screening test results from the field, and (3) authorizing the appropriation of $15 million for hundreds of new screening devices, lab equipment, facilities, and personnel for support during all operational hours.
 
Boycotts
. The Israel Anti-Boycott Act (S. 720, introduced March 23 by Sen. Cardin, D-Md., and H.R. 1697, introduced March 23 by Rep. Roskam, R-Ill.) would amend the Export Administration Act to prohibit boycotts or requests for boycotts imposed by international governmental organizations against Israel, similar to prohibitions already in place with respect to boycotts imposed by foreign countries. The legislation would also ensure that the Export-Import Bank considers boycott, divestment, and sanctions issues concerning Israel when evaluating potential credit applications.

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

COMMCOMMENTARY

(Source: Authors)
 

* Authors: Louis K. Rothberg, Esq., 
louis.rothberg@morganlewis.com
; and Margaret Gatti, Esq., 
Margaret.Gatti@morganlewis.com
.  Both of Morgan Lewis & Bockius LLP, Washington DC.
 
Some media sources have run stories encouraging US Persons to file to register trademarks in Cuba due to the recent relaxation of US sanctions, apparently with a view to getting a leg up on potential competitors and thus get toehold in the Cuban markets before it is too late.
 
US Persons can use a general license, which is an automatic regulatory exemption not requiring an actual written application to OFAC, to file an application for a trademark in Cuba, as authorized in 31 CFR § 515.528(a)(1), as follows: 
 
  “The following transactions by any person who is not a designated national are hereby authorized :(1) The filing and prosecution of any application for a blocked foreign patent, trademark or copyright, or for the renewal thereof.” [Emphasis added.]
 
As used in 31 CFR § 515.528 the term blocked foreign patent, trademark, or copyright means
 
….. any patent, petty patent, design patent, trademark, or copyright issued by a designated foreign country.  See 31 CFR § 515.528(c).
 
The term “designated foreign country” means Cuba.  See 31 CFR § 515.201(d).
 
The term blocked foreign patent, trademark or copyright is unique to the OFAC Cuba sanctions, and does not appear in the OFAC regulatory regimes for Iran, North Korea, Sudan or Syria.
 
Thus, from the moment you obtain a trademark from the Cuban trademark authorities it thereby automatically becomes a “blocked foreign trademark” because the trademark was issued by a designated foreign country, i.e., Cuba.
 
Unfortunately, once that happens you cannot thereafter freely transfer, sell, license, or otherwise dispose of your blocked Cuban-issued trademark to any other third party under the general license contained in 31 CFR § 515.528(a) because the “transfer” of the trademark is not expressly authorized in the general license.  To do so, will require an OFAC specific license, as generally applies to any dealing in or with respect to any blocked property, or interest in any “property” “of any nature whatsoever, direct or indirect” in which Cuba has an interest. See 31 CFR 515.201(b).
 
  “Transfer” of your trademark in this context includes “any actual or purported act or transaction, whether or not evidenced by writing, and whether or not done or preformed within the United States, the purpose, intent, or effect of which is to create, surrender, release, transfer, or alter, directly or indirectly, any right, remedy, power, privilege, or interest with respect to any property and without limitation upon the foregoing shall include the making, execution, or delivery of any assignment, power, conveyance, check, declaration, deed, deed of trust, power of attorney, power of appointment, bill of sale, mortgage, receipt, agreement, contract, certificate, gift, sale, affidavit, or statement; the appointment of any agent, trustee, or other fiduciary; the creation or transfer of any lien; the issuance, docketing, filing, or the levy of or under any judgment, decree, attachment, execution, or other judicial or administrative process or order, or the service of any garnishment; the acquisition of any interest of any nature whatsoever by reason of a judgment or decree of any foreign country; the fulfillment of any condition, or the exercise of any power of appointment, power of attorney, or other power.”  See 31 CFR § 515.310.
 
If you do transfer your Cuban-issued trademark, absent an OFAC specific license, you will have committed an OFAC violation.   In addition to having a violation, normally, the effect of transfers of property violating the Cuba sanctions regulations is to nullify the transaction.  “Any transfer which is in violation of any provision of [OFAC’s Cuba regulations, 31 CFR Part 515] or of any regulation, ruling, instruction, license, or other direction or authorization thereunder and involves any property in which a designated national has or has had an interest is null and void and shall not be the basis for the assertion or recognition of any interest in or right, remedy, power or privilege with respect to such property.”   See 31 CFR § 515.203(a).
 
However, a trademark is not “property” for purposes of 31 CFR § 515.203(a) because an exclusive definition of “property” is applicable only for this section of the regulations, as provided in 31 CFR 515.203(f) and which exclusive definition does not include trademarks or other intellectual property, as follows: 
 
For the purpose of this section the term property includes gold, silver, bullion, currency, coin, credit, securities (as that term is defined in section 2(1) of the Securities Act of 1933, as amended), bills of exchange, notes, drafts, acceptances, checks, letters of credit, book credits, debts, claims, contracts, negotiable documents of title, mortgages, liens, annuities, insurance policies, options and futures in commodities, and evidences of any of the foregoing. The term property shall not, except to the extent indicated, be deemed to include chattels or real property.  
 
The broad definition of “property” in the Cuba regulations contained in 31 CFR§ 515.311 expressly confirms this anomaly for purposes of excluding trademarks from the null and void provisions:
 
Except as defined in §515.203(f) for the purposes of that section the terms property and property interest or property interests shall include, but not by way of limitation …. patents, trademarks, copyrights, contracts or licenses affecting or involving patents, trademarks or copyrights… contracts of any nature whatsoever, services, and any other property, real, personal, or mixed, tangible or intangible, or interest or interests therein, present, future or contingent.
 
Accordingly, in summary, if you plan to file an application for a Cuban trademark, be aware that once that is accomplished and you receive a Cuban trademark, OFAC will view that trademark as blocked property and you will have to obtain an OFAC specific license to transfer it thereafter.
* * * * * * * * * * * * * * * * * * * *

 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
gstanley@glstrade.com
 
Just as with the ITAR, application abroad of personal knowledge or technical experience acquired in the United States constitutes an export of that knowledge and experience that is subject to the Export Administration Regulations. If any part of the knowledge or experience your export or reexport deals with technology that requires a license under the EAR, you will need to obtain a license or qualify for a License Exception.
* * * * * * * * * * * * * * * * * * * *

COMM_a322
. R.C. Burns: “About That Laptop Ban”

(Source:
Export Law Blog
. Reprinted by permission.)
 
* Author: R. Clifton Burns, Esq., Bryan Cave LLP, Wash DC,
Clif.Burns@bryancave.com
, 202-508-6067)
 
The United States and the United Kingdom just announced that laptops (and other electronic devices larger than a cellphone) would have to be checked as luggage and could not be carried by passengers into cabins when traveling on non-stop flights from certain destinations in the Middle East and North Africa, including Istanbul, Cairo and Doha, among others. I’m sure that some readers wondered how they were going to work on such flights while another (possibly much larger) group wondered how they would watch “Batman v. Superman” or “Bad Santa 2” during their flights home.
 
Of course, I wondered whether you would be arrested when you landed if you put in the hold a laptop with export controlled technical data, technology or software. That’s because I’m always looking out for my readers.
 
The issue, at least as far as BIS is concerned, is whether License Exception TMP or BAG still applies if you separate yourself from the laptop with controlled technology or software at check-in. TMP covers company laptops and BAG will cover personal laptops owned by the passenger.
 
Under section 740.9(a)(1) of License Exception TMP, items that are exported as “tools of the trade,” which includes software and hardware, “must remain under the “effective control” of the exporter or the exporter’s employee.” I would take this to mean that if the laptop or software on it is controlled for the destination from which the employee is returning, it may not be checked. This is somewhat odd since that same provision allows that laptop and software to be shipped “unaccompanied” within one month prior to the employee’s arrival in the foreign country.

On the other hand, TMP does not impose the “effective control” on technology on a laptop that would require a license for the traveler’s destination. Instead, section 740.9(a)(3) speaks only of access controls such as a password for the device on which the technology is controlled.
 
License Exception BAG, under section 740.14(c)(1), only applies to items “owned by the individuals (or by members of their immediate families) … on the dates they depart from the United States.” So this exception would only apply to personally-owned laptops and personally-owned software if they are controlled to the traveler’s destination. Oddly, license exception BAG does not have the “effective control” limitation, so personal laptops could be checked consistently with the license exception even with EAR-controlled software. Additionally, BAG permits export of technology on the laptop, in the hold or the cabin, if there are access controls such as a password.
 
The ITAR deals with this travel issue in section 125.4(b)(9). As with EAR-controlled technical data, a laptop with ITAR-controlled technical data can be checked and stored in the hold as long as the laptop is protected with a password.
 
So, the only real issue prohibition under the ITAR or EAR against checking a laptop is when the laptop is not the personal property of the traveler and it contains software that is controlled under the EAR to the traveler’s destination. If there is ITAR-controlled technical data or EAR-controlled technology, a password on the device is sufficient.
 
Pardon me for a little skepticism here but it seems to me that this electronics ban has more to do with limiting foreign carrier competition in the United States than it does security. To begin with, it covers devices such as Kindles and cameras that are not much different from the size of a cellphone and which certainly do not seem to be more efficient threat vectors. More significantly, a person bent on terror using one of these devices merely needs to change his flight plan to include a stopover (where he won’t be screened again) before continuing to the United States – which is exactly what most travelers will do to avoid being separated from their expensive electronics.

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

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a123
. ECTI Presents Separating Signal from Noise: Effectively Measuring “Success” for an Export Compliance Program Webinar, 26 Apr

(Source: Danielle McClellan,
danielle@learnexportcompliance.com
)

* What: Separating Signal from Noise: Effectively Measuring “Success” for an Export Compliance Program
* When: April 26, 2017; 1:00 p.m. (EDT)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speakers: Waqas Shahid and Rosanne Giambalvo
* Register:
Here
or Danielle McClellan, 540-433-3977,
danielle@learnexportcompliance.com
.

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

MSEX/IM MOVERS & SHAKERS

MS_a124. Monday List of Ex/Im Job Openings: 101 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:
 

* Aerojet Rocketdyne; Huntsville AL; 
Specialist, International Trade & Compliance
; Requisition ID: 11972

* 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;
NA Compliance Analyst
; Requisition ID: 256357

* Amazon; Seattle WA;
Global Trade Air Services PM
; Requisition ID: 395658

* Amazon; Seattle WA;
U.S. Export Compliance PM
; Requisition ID: 475927

* 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

* ARCONIC; Pittsburgh PA;
Trade Compliance Manager; Requisition ID: 19518BR

* Barnes Group Inc.,; Bristol CT and Windsor CT;
Counsel & Director of Trade Compliance, Government Contracts Program; Requisition ID: 2200-271

* Bayer; Leverkusen, Germany;
Head of Customs & International Trade Classification (m/f)
; Requisition ID: 0000180456

# Biogen; Cambridge MA;
Trade Compliance Specialist
; Requisition ID: 30956BR

* Chromalloy; Orangeburg NY;
International Trade Compliance Manager
; 
Dsinski@chromalloy.com
; Requisition ID: 00935

* Crane Aerospace and Electronics; Chandler AZ;
Sr. Export Compliance Analyst
; Requisition ID: 4725

* DB Schenker; Atlanta GA, and Long Beach CA;
Area Customs Director
;
Crystal.Adair@dbschenker.com
; Requisition ID: 17P009

* DRS Technologies; Germantown MD;
Senior Trade Compliance Manager
; Requisition ID: 54749

# Elbit Systems; Forth Worth TX or Merrimack NH;
Import Compliance Manager
; Requisition ID: 017-4965

* Erickson Inc.; Portland OR;
Trade Compliance Manager
; 
Joanna Rafiner-Jarboe
; Requisition 2017-2267

* 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

* Expeditors; Sunnyvale CA;
Customs Compliance Specialist
* Export Solutions Inc.; Melbourne FL; Trade Compliance Specialist;
info@exportsolutionsinc.com

* FD Associates, Tysons Corner VA;
Senior Export Compliance Associate
;
jobs@fdassociates.net

* 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

* The Hershey Company; Hershey PA;
Global Customs and Trade Analyst
* Infinera Corporation; Sunnyvale CA;
Director, Global Logistics and Trade Compliance
; Requisition ID: 2016840

*
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

* Johnson Controls; Monroe NC;
Shipping Logistics Coordinator; Requisition ID: 1710087

* Johnson Controls; Wash DC;
Manager Customs & Census; Requisition ID: 144495

* Lam Research Corporation; Fremont CA;
Foreign Trade Intern 1

* Lam Research Corporation; Shanghai, China;
Foreign Trade Analyst 

* LORD Fly-by-Wire; Saint-Vallier, France; Trade Compliance and Customs Manager  

* Lutron; Coopersburg PA;
Trade Manager-Export
; Requisition ID: 2926

* L-3 Technologies; Arlington VA;
Sr. Mgr. Corporate Customs Compliance
; Requisition ID: 087862

* Medtronic; Heerlen, The Netherlands;
Trade Compliance Analyst
; 16000DYY

* Medtronic; Wash DC;
Global Trade Lawyer
;
stacy.m.johnson@medtronic.com
; Requisition ID: 170002ON

* Meggitt PLC; Maidenhead, UK;
Trade Compliance Officer 

* Meggit-USA, Inc.; Simi Valley CA;
Trade Compliance Administrator
; Requisition ID: 25172

* Michael Page; Oestgeest, The Netherlands
Sr. Manager – Global Trade Management

* Netflix; Los Gatos CA;
Global Export Compliance Manager

* 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; McLean VA;
Mgr Intl Trade Compliance 2; Requisition ID: 17003898

* Northrop Grumman Sperry Marine; New Malden, UK;
Trade Compliance Coordinator
;
careers.uk@sperry.ngc.com

* Pall Corporation; Portsmouth, UK;
Trade Compliance Specialist
; Requisition ID: SHA000201

* Panduit; Tinley Park IL;
Global Trade Compliance Agent
; Requisition ID: PAND-03297

* Parexel; Billerica MA;
Vice President, Chief Compliance Officer; Requisition ID: pare-00024091

* Parexel; Billerica MA;
Senior Compliance Manager; Requisition ID: Post-00024185

* Parexel; Kiev, Ukraine;
Global Trade Compliance Specialist
; Requisition ID: pare-10056329

* Plexus Corporation; Neenah Wi;
Manager – Export Compliance
; Requisition ID: 14645BR
* Plexus Corporation; Neenah Wi;
Manager – Import Compliance
; Requisition ID: 14593BR

* Roanoke Insurance Group; Schaumburg IL;
Carnet Service Representative
; Requisition ID: 1019

* Raytheon; Andover MA and Woburn MA;
Manager of Export Import Control, Empowered Officials
; Requisition ID: 93622

* Raytheon; Arlington VA;
Export Licensing Manager I
; Requisition ID: 94113BR

* Raytheon Australia; Canberra, Australia;
Export/Import Operations Advisor; Requisition ID: 86438BR

* Raytheon; Fullerton CA;
Manager of Export-Import Control, Empowered Official (RCCS); Requisition ID: 93625BR

* Raytheon; Portsmouth RI;
Manager of Export Import Control, Empowered Official
; Requisition ID: 93628

* Raytheon; Rosslyn VA;
Customs Counsel; Requisition ID: 93887BR

* Raytheon; Woburn MA;
Supply Chain Compliance Manager; Requisition ID: 93734BR

* Raytheon; Woburn MA;
Supply Chain Subcontract Manager; Requisition ID: 93615BR

* Raytheon Integrated Defense Systems; Andover MA;
Export Licensing & Compliance Advisor, Global Trade; Requisition ID: 93670BR

* Raytheon Integrated Defense Systems; Woburn MA;
Training Manager, IDS Global Trade Compliance; Requisition ID: 93597BR

* Raytheon Intelligence, Information and Services; Annapolis Junction MD or Dulles VA;
Sr Exp License&Compliance Adv; Requisition ID: 91338BR

* Raytheon Intelligence, Information and Services; Orlando FL;
Sr Exp License&Compliance Adv; Requisition ID: 92852BR

* Raytheon Space & Airborne Systems; McKinney TX;
Sr Exp License & Compliance Adv;
Jennifer.a.martindale@raytheon.com
; 310-334-7499; Requisition ID:
91503BR

# Rockwell Collins; Cedar Rapids IA;
Senior Regulatory Compliance Specialist
; Requisition ID: COM0000018V

* Space Systems Loral; Palo Alto CA; 
Senior Export Compliance Specialist
; Requisition ID: 6930

* Synopsys; Mountain View CA;
Senior Manager, Export Compliance
;
moudakas@synopsys.com
;
650-584-1676; Requisition ID: 13208BR
* Talbots; Hingham MA;
Sr Mgr Global Trade & Customs Compliance
; Requisition ID: 1077
* Talbots; Lakeville MA;
Dir., Global Logistics & Customs Com
; Requisition ID: 1085

* Tesla Motors; Fremont CA;
Global Supply Manager – Logistics
; Requisition ID: 38153

* ThermoFisher Scientific; Matamoros, Mexico;
Import/Export Supervisor
; Requisition ID: 39750BR
* ThermoFisher Scientific; Shanghai, China;
Trade Compliance Specialist – CMC
; Requisition ID: 42143BR

* United Technologies Corporation, UTC Aerospace Systems; Burnsville MN
# United Technologies Corporation, UTC Aerospace Systems; Charlotte NC
Intern, International Trade Compliance
; Requisition ID: 45442BR


* United Technologies Corporation, UTC Aerospace Systems; Chula Vista CA;

International Trade Compliance Intern
; Requisition ID:
39406BR

* United Technologies Corporation, Otis; Farmington CT;
Senior International Trade Compliance Counsel
; Requisition ID: 38518BR

* United Technologies Corporation, UTC Aerospace Systems; Vergennes, VT;

ITC Generalist
; Requisition ID:
44040BR

* United Technologies Corporation, UTC Aerospace Systems; Westford MA;

* United Technologies Corporation, UTC Aerospace Systems; Windsor Locks CT;
Specialist, International Trade Compliance
; Requisition ID: 44501BR

* United Technologies Corporation, UTC Aerospace Systems; Windsor Locks CT;


* Vigilant; Unknown location in the U.S.;
BioTech/Pharmaceutical Global Trade Analyst
* Vista Outdoor; Various locations in the U.S.;
Sr. Specialist Imports & Customs Operations, ITO
; Requisition ID: R0001996
* Vista Outdoor; Various locations in the U.S.;
Sr. Specialist Imports & Customs Programs, ITO
; Requisition ID: R0001997 

* Wurth Industry of North America; Indianapolis IN; Trade Compliance Officer;
International Trade Compliance Officer
; Requisition ID: 389-720
* Wurth Snider Bolt and Screw; Louisville KY; 
Trade Compliance Specialist
; Sylvia Smith,
SSmith@wurthsnider.com
; Requisition ID: 1124

* XPO Logistics; Greenwich CT;
Global Trade Compliance Analyst

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

ENEDITOR’S NOTES

(Source: Editor) 

 
* Robert Frost (Robert Lee Frost, 26 Mar 1874 – 29 Jan 1963, was an American poet. He is highly regarded for his realistic depictions of rural life and his command of American colloquial speech. One of the most popular and critically respected American poets of the twentieth century, Frost was honored frequently during his lifetime, receiving four Pulitzer Prizes for Poetry.)

  – “The only way round is through.”

 

* Karl Pearson (27 Mar 1857 – 27 Apr 1936, was an influential English mathematician and biostatistician. He has been credited with establishing the discipline of mathematical statistics. He founded the world’s first university statistics department at University College London in 1911, and contributed significantly to the field of biometrics, meteorology, theories of social Darwinism and eugenics.)

  – “Statistics is the grammar of science.”

 

Monday is pun day.


Q. What do you call a computer that sings?

A. “A Dell.”

  — Jane Taeger, Baltimore, MD

 

Q.  If “pro” is the opposite of “con”, what is the opposite of “progress”?

A.  Congress.
 

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

EN_a326
. 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.
 
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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. 
 
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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 

  
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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. 
 
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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.
 
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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 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.

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EPEDITORIAL POLICY

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., edited by James E. Bartlett III and Alexander Bosch, and emailed every business day to approximately 8,000 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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