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17-0403 Monday “The Daily Bugle”

17-0403 Monday “Daily Bugle”

Monday, 3 April 2017

TOP
The Daily Bugle is a free daily newsletter from Full Circle Compliance, containing changes to export/import regulations (ATF, Customs, NISPOM, EAR, FACR/OFAC, FTR/AES, HTSUS, and ITAR), plus news and events.  Subscribe 
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for advertising inquiries and rates.

[No items of interest noted today.]

  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: Amin Al-Baroudi of Adelanto, CA Denied Export Privileges for 10 Years 
  3. Commerce/BIS: Juan Jose Estrada of Big Spring, TX, Denied Export Privileges for 10 Years 
  4. Commerce/BIS: Sam Rafic Ghanem of Springfield, VA, Denied Export Privileges for 10 Years 
  5. Commerce/BIS: Sihai Cheng of San Pedro, CA, Denied Export Privileges for 10 Years 
  6. Commerce/BIS: Song II Kim of Philipsburg, PA, Denied Export Privileges for 10 Years 
  7. DHS/CBP Implements Executive Order, Establishes Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws 
  8. DHS/CBP Sends Out Port of Neche, ND, Update 
  9. State/DDTC: (No new postings.) 
  10. President Announces Nominees to CBP and Commerce Posts 
  11. President Releases Executive Order on Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws 
  12. EU Amends Restrictive Measures Concerning Libya 
  1. The Daily Mail: “More than 1,600 Classified MOD Documents Lost or Stolen After UK MOD Hit by 3,000 Security Breaches” 
  2. ST&R Trade Report: “Importer ID Requirement in Food Safety Program Can be Met by DUNS Number” 
  3. ST&R Trade Report: “McAleenan Named CBP Commissioner” 
  1. J. Forrest & C. Baker: “Flash Update: Trade Compliance (Week 13)” 
  2. L.M. Friedman: “Executive Order on Customs Enforcement” 
  3. Gary Stanley’s ECR Tip of the Day 
  1. ECTI Presents United States Export Control (EAR/OFAC/ITAR) Seminar Series in San Francisco, 12-15 Jun 
  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 (29 Mar 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

[No items of interest noted today.]

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OGSOTHER GOVERNMENT SOURCES

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

* State; NOTICES; Designations as Global Terrorists [Publication Date: 4 April 2017.]
  – Mark John Taylor, aka Mark Taylor, aka Mohammad Daniel, aka Muhammad Daniel, aka Abu Abdul Rahman, aka Mark John al-Rahman
  – Shane Dominic Crawford, aka Asadullah, aka Abu Sa’d at-Trinidadi, aka Shane Asadullah Crawford, aka Asad
 
* Treasury; Foreign Assets Control Office; NOTICES; Blocking or Unblocking of Persons and Properties [Publication Date: 4 April 2017.]

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

OGS_a22.

Commerce/BIS: Amin Al-Baroudi of Adelanto, CA Denied Export Privileges for 10 Years


(Source:
Commerce/BIS) [Excerpts.]  
 
* Respondent: Amin Al-Baroudi, Adelanto, CA
* Charges: On 13 June 2016, in the U.S. District Court for the Eastern District of Virginia, Amin Al-Baroudi, a/k/a Abu al-Jud (“Al-Baroudi”) was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. § 1701, et seq. (2012)) (“IEEPA”). Specifically, Al-Baroudi willfully combined, conspired, confederated, and agreed with other U.S. and non U.S. persons to export and cause to be exported goods from the United States to Syria in violating of the sanctions imposed on Syria by the United States without having first obtained the required authorization from the United States Department of Commerce. Baroudi was sentenced to 32 months in prison, with credit for time served, two years of supervised release, and a special assessment of $100.00.  
* Debarred: Al-Baroudi export privileges are denied for a period of 10 years from the date of Al-Baroudi’s conviction, until 13 June 2026. In addition, all licenses issued pursuant to the Act or Regulations in which Al-Baroudi had an interest at the time of his conviction are revoked. 
* Date of Order: 31 March 2017.

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OGS_33. Commerce/BIS: Juan Jose Estrada of Big Spring, TX, Denied Export Privileges for 10 Years

(Source:
Commerce/BIS) [Excerpts.]
 
* Respondent: Juan Jose Estrada, Big Spring, TX
* Charges: On 25 July 2014, in the U.S. District Court for the Southern District of Texas, Juan Jose Estrada (“Estrada”), was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. § 2778 (2012)) (“AECA”). Specifically, Estrada knowingly and intentionally conspired and agreed to knowingly and willfully export, attempt to export, and cause to be exported into Mexico from the United States a defense article, that is: a Browning Model 1919, .30 caliber, semi-automatic rifle, which was designated as a defense article on the United States Munitions List, without having first obtained from the Department of State a license for such export or written authorization for such export. Estrada was sentenced 46 months in prison, one year of supervised release, and a $100 assessment.
* Debarred:  Estrada’s export privileges are denied under the Regulations for a period of 10 years from the date of Estrada’s conviction, 25 July 2024. In addition, all licenses issued pursuant to the Act or Regulations in which Estrada had an interest at the time of his conviction are revoked.
* Date of Order: 31 March 2017.

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OGS_aa44.

Commerce/BIS: Sam Rafic Ghanem of Springfield, VA, Denied Export Privileges for 10 Years

(Source:
Commerce/BIS) [Excerpts.]
 
* Respondent: Sam Rafic Ghanem, Springfield, VA
* Charges: On 12 August 2015, in the U.S. District Court for the District of Maryland, Sam Rafic Ghanem (“Ghanem”), was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. § 2778 (2012)) (“AECA”). Specifically, Ghanem willfully attempted to export and cause the exportation of firearms parts and accessories designated as defense articles under Category I of the United States Munitions List from the United States to Lebanon without having first obtained the required license or authorization from the U.S. Department of State, Directorate of Defense Trade Controls. Ghanem was sentenced 18 months in prison, three years of supervised release, a criminal fine of $70,734.24, and a $200 assessment.
* Debarred: Ghanem’s export privileges are denied under the Regulations for a period of 10 years from the date of Ghanem’s conviction, until 12 August 2025. In addition, all licenses issued pursuant to the Act or Regulations in which Ghanem had an interest at the time of his conviction are revoked.
* Date of Order: 31 March 2017.

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

OGS_aa55.

Commerce/BIS: Sihai Cheng of San Pedro, CA, Denied Export Privileges for 10 Years

(Source:
Commerce/BIS) [Excerpts.]
 
* Respondent: Sihai Cheng, San Pedro, CA
* Charges: On 27 January 2016, in the U.S. District Court, District of Massachusetts, Sihai Cheng, a/k/a Alex Cheng, a/k/a Chu Hai Cheng (“Cheng”) was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. § 1701, el seq. (2012)) (“IEEPA”). Specifically, Cheng knowingly and willfully conspired, combined and confederated and agreed with other persons known and unknown to export and cause the export of U.S. origin goods, that is, MKS pressure transducers (manometer types 722A and 722B), from the United States to the Islamic Republic of Iran without first having obtained the required licenses and authorizations from the United States Department of Treasury, Office of Foreign Assets Control. Cheng was sentenced to nine years in prison and an assessment of $600.00.
* Debarred: Cheng’s export privileges are denied under the Regulations for a period of 10 years from the date of Cheng’s conviction, until 27 January 2026. In addition, all licenses issued pursuant to the Act or Regulations in which Cheng had an interest at the time of his conviction are revoked.
* Date of Order: 31 March 2017.

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OGS_aa66.

Commerce/BIS: Song II Kim of Philipsburg, PA,Denied Export Privileges for 10 Years

(Source:
Commerce/BIS) [Excerpts.] 
 
* Respondent: Song II Kim, Philipsburg, PA
* Charges: On 29 February 2016, in the U.S. District Court for the District of Utah, Song II Kim, a/k/a Kim Song II (“Kim”), was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. § 2778 (2012)) (“AECA”). Specifically, Kim willfully attempted to export or caused to be exported from the United States, defense articles listed on the United States Munitions List, to wit: PVS-7 and PVVS-14 Night Vision Optics and a THOR 320 Thermal Imaging Weapons Sight, without having first obtained from the Department of State, Directorate of Defense Trade Controls, a license or written authorizations for such export. Kim was sentenced 40 months in prison, with credit for time served, 36 months of supervised release, and a $100 assessment.
* Debarred: Kim’s export privileges are denied under the Regulations for a period of 10 years from the date of Kim’s conviction, until 29 February 2026. In addition, all licenses issued pursuant to the Act or Regulations in which Kim had an interest at the time of his conviction are revoked.
* Date of Order: 31 March 2017.

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OGS_a77.

DHS/CBP Implements Executive Order, Establishes Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws

 
U.S. Customs and Border Protection will begin to implement the
Executive Order “Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws.” The Executive Order, signed today, promotes the efficient and effective administration of U.S. customs and trade laws by establishing enhanced measures to collect duties and a heightened enforcement posture for trade violations that threaten the safety and economic security of the United States.
 
  “The men and women of CBP are committed to enforcing the trade laws of the United States to defend the economic competitiveness of domestic industries against unfair trade practices and dangerous counterfeits that could harm consumers,” said Acting Commissioner Kevin K. McAleenan. “This Executive Order gives CBP and our partners at U.S. Immigration and Customs Enforcement important and powerful new tools to further level the playing field for critical U.S. industries.”
 
The Executive Order authorizes the Secretary of Homeland Security, through the Commissioner of CBP to:
 
  – Develop implementation plans within 90 days to require importers who CBP has determined pose a risk to the revenue of the United States to provide security for antidumping and countervailing-duty liability through bonds;
  – Develop and implement a strategy and plan for enabling interdiction and disposal of inadmissible goods, including through methods other than seizure.
 
Additionally, the Executive Order enhances CBP’s authorization to share with rights holders information to determine Intellectual Property Rights infringements or violations, and information regarding merchandise voluntarily abandoned that violates trade laws. The Order also directs the Attorney General to develop prosecution practices and allocate resources to treat significant trade law violations as a high priority.
 
CBP will lead the Department of Homeland Security’s efforts to implement the provisions set forth in the Executive Order, in consultation with the Secretary of the Treasury, the Secretary of Commerce, and the United States Trade Representative.
 
The Executive Order aligns with CBP’s operational approach to enhance U.S. economic competitiveness and security by combating U.S. trade violations through detection, determent and disruption of illicit trade practices.
 
On a typical day, CBP screens more than 74,000 truck, rail, and sea cargo containers at 328 U.S. ports of entry-with imported goods worth approximately $6.3 billion. In Fiscal Year 2016, CBP seized more than 31,500 of counterfeit shipments and collected more $40 billion in duties, taxes, and fees, making CBP the U.S. government’s second largest source of revenue.
 
For additional information on the Executive Order, visit
www.dhs.gov/executiveorders.

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OGS_a88.

DHS/CBP Sends Out Port of Neche, ND, Update

(Source:
CSMS# 17-000187, 31 Mar 2017.)
 
Trade Policy Updates
 
Due to overland flowing, the North Dakota Highway Department has closed Highway 18 at Neche, North Dakota (ND) which restricts roadway access to the Port of Neche, ND. Passenger traffic can utilize the ports of Pembina, ND to the east of Neche and Walhalla, ND which is west of the Neche Port of Entry. To accommodate commercial traffic, all valid permits for the Neche Port of Entry will temporarily be accepted at the Walhalla, ND Port of Entry and the Lancaster, MN Port of Entry.

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OGS_a99. State/DDTC: (No new postings.)
(Source:
State/DDTC
)
* * * * * * * * * * * * * * * * * * * *

OGS_aa1010. 
President Releases Executive Order on Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws

(Source:
White House)
 
EXECUTIVE ORDER
 
ESTABLISHING ENHANCED COLLECTION AND ENFORCEMENT OF ANTIDUMPING AND COUNTERVAILING DUTIES AND VIOLATIONS OF TRADE AND CUSTOMS LAWS
 
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the efficient and effective administration of United States trade laws, it is hereby ordered as follows:
 
Section 1.  Policy.  Importers that unlawfully evade antidumping and countervailing duties expose United States employers to unfair competition and deprive the Federal Government of lawful revenue.  As of May 2015, $2.3 billion in antidumping and countervailing duties owed to the Government remained uncollected, often from importers that lack assets located in the United States.  It is therefore the policy of the United States to impose appropriate bonding requirements, based on risk assessments, on entries of articles subject to antidumping and countervailing duties, when necessary to protect the revenue of the United States.
 
Sec. 2.  Definitions.  For the purposes of this order:
  (a) the term “importer” has the meaning given in section 4321 of title 19, United States Code; and
  (b) the term “covered importer” means any importer of articles subject to antidumping or countervailing duties for which one of the following is true:  U.S. Customs and Border Protection (CBP) has no record of previous imports by the importer; CBP has a record of the importer’s failure to fully pay antidumping or countervailing duties; or CBP has a record of the importer’s failure to pay antidumping or countervailing duties in a timely manner.
 
Sec. 3.  Implementation Plan Development.  Within 90 days of the date of this order, the Secretary of Homeland Security shall, in consultation with the Secretary of the Treasury, the Secretary of Commerce, and the United States Trade Representative, develop a plan that would require covered importers that, based on a risk assessment conducted by CBP, pose a risk to the revenue of the United States, to provide security for antidumping and countervailing duty liability through bonds and other legal measures, and also would identify other appropriate enforcement measures.  This plan shall be consistent with the requirements of section 4321 and section 1623 of title 19, United States Code, and corresponding regulations.
 
Sec. 4.  Trade and Suspected Customs Law Violations Enforcement.  (a) Within 90 days of the date of this order, the Secretary of Homeland Security, through the Commissioner of CBP, shall develop and implement a strategy and plan for combating violations of United States trade and customs laws for goods and for enabling interdiction and disposal, including through methods other than seizure, of inadmissible merchandise entering through any mode of transportation, to the extent authorized by law.
 
  (b) To ensure the timely and efficient enforcement of laws protecting Intellectual Property Rights (IPR) holders from the importation of counterfeit goods, the Secretary of the Treasury and the Secretary of Homeland Security shall take all appropriate steps, including rulemaking if necessary, to ensure that CBP can, consistent with law, share with rights holders:
  (i) any information necessary to determine whether there has been an IPR infringement or violation; and
  (ii) any information regarding merchandise voluntarily abandoned, as defined in section 127.12 of title 19, Code of Federal Regulations, before seizure, if the Commissioner of CBP reasonably believes that the successful importation of the merchandise would have violated United States trade laws.
 
Sec. 5.  Priority Enforcement.  The Attorney General, in consultation with the Secretary of Homeland Security, shall develop recommended prosecution practices and allocate appropriate resources to ensure that Federal prosecutors accord a high priority to prosecuting significant offenses related to violations of trade laws.
 
Sec. 6.  General Provisions.  (a) Nothing in this order shall be construed to impair or otherwise affect:
  (i) the authority granted by law to an executive department or agency, or the head thereof; or
  (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
  (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
  (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
 
DONALD J. TRUMP
 
THE WHITE HOUSE,
March 31, 2017.

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OGS_a1111. 
President Announces Nominees to CBP and Commerce Posts

(Source:
White House) [Excerpts.]
 
… President Donald J. Trump today (31 March) announced his intent to nominate key additions to his Administration.
 
If confirmed, Kevin K. McAleenan will serve as Commissioner of U.S. Customs and Border Protection at the Department of Homeland Security. Mr. McAleenan has served as the Deputy Commissioner since 2014 and currently functions as the agency’s Chief Operating Officer and senior career official.  Under Mr. McAleenan’s leadership, U.S. Customs and Border Protection (CBP) has developed strategies that protect the Nation’s borders from terrorism, and attack transnational criminal networks, while ensuring the flow of legal commerce and travel.  Mr. McAleenan previously held several leadership positions at CBP-including launching its Office of Antiterrorism-and one of its legacy agencies.  In 2015, Mr. McAleenan received a Presidential Rank Award, which is the Nation’s highest civil service award.  He received his Juris Doctor degree from the University of Chicago Law School and a Bachelor of Arts from Amherst College.
 
If confirmed, Mira Radielovic Ricardel will serve as Under Secretary of Commerce for Export Administration. Ms. Ricardel currently serves as Special Assistant to the President and Associate Director for Presidential Personnel. She has had an extensive career in the national security arena in both the public and private sectors. Within the Department of Defense, Ms. Ricardel held the positions of Acting Assistant Secretary of Defense and Principal Deputy Assistant Secretary of Defense for International Security policy and Deputy Assistant Secretary of Defense for Eurasia, and was awarded the Department of Defense Medal for Distinguished Public Service. Ms. Ricardel also served as Legislative Assistant for Arms Control and Foreign Policy to Republican Leader Bob Dole. From 2006-2015, Ms. Ricardel held senior leadership positions within Boeing Defense Space and Security, most recently Vice President, International Business Development, Network & Space Systems, where she led the business unit’s marketing and growth strategies for international markets. She holds a Bachelor of Science in Foreign Service from Georgetown University and completed doctoral course work at the Fletcher School of Law and Diplomacy.

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OGS_a1212. 
EU Amends Restrictive Measures Concerning Libya

 
Decisions
  –
Council Decision (CFSP) 2017/621 of 31 March 2017 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya

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NWSNEWS

NWS_a113.

The Daily Mail: “More than 1,600 Classified MOD Documents Lost or Stolen After UK MOD Hit by 3,000 Security Breaches”

 
More than 1,600 classified documents including ID cards have gone missing or been stolen from the Ministry of Defence in just one year. Officials recorded 2,923 security breaches in 2016 including 73 unauthorised entries into military bases. The figures came from defence minister Mark Lancaster in response to a parliamentary question from Tim Farron.
 
Calling for an urgent review, the Liberal Democrat leader said last night: ‘Given that the threat level at the moment is severe, meaning an attack is likely, it is very concerning that security at military bases has been breached.
 
‘Classified material has gone missing, this should send a shiver down the spine of everyone who cares about our defence … The Government need to wake up.’  …
 
In the wake of the Westminster terror attack last Wednesday, more troops have been deployed at the gates of military bases to provide an extra layer of security. According to the figures, there were 1,640 ‘information assurance’ security incidents reported for thefts or losses of classified material in 2016.Lost and stolen ID cards accounted for 1,280 of this total. The remaining 360 incidents covered lost and stolen documents.  This included user access devices, hard disk drives, laptops and tablets, phones, CDs and USB device.  … 

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NWS_a214.

ST&R Trade Report: “Importer ID Requirement in Food Safety Program Can be Met by DUNS Number”

 
The Food and Drug Administration has formally recognized the Data Universal Numbering System number as an acceptable unique facility identifier under the Foreign Supplier Verification Program. The DUNS number is available to importers free of charge and may generally be obtained within a few business days.
 
The FSVP final rule requires importers of food for humans or animals, with some exceptions, to verify that (a) their foreign suppliers use processes and procedures that provide the same level of public health protection as the U.S. preventive controls and produce safety regulations, where applicable; and (b) the food they import is not adulterated and not misbranded with respect to food allergen labeling. Among other things, this rule requires FSVP importers to provide their legal business name, email address, and a unique facility identifier recognized as acceptable by the FDA for each line entry of food product offered for importation into the U.S. Compliance with this rule will be phased in, starting May 30 for FSVP importers whose foreign supplier is not subject to the FDA’s preventive controls or produce safety rules.
 
The FDA is now recognizing the DUNS number as an acceptable UFI for purposes of FSVP compliance. There appear to be no other UFIs so designated at present. The FDA states that importers who anticipate being unable to provide a DUNS number to identify themselves as the FSVP importer of a food product at entry should contact the FDA’s Division of Import Operations prior to offering that product for import.

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NWS_a3
15. ST&R Trade Report: “McAleenan Named CBP Commissioner”

 
In an unusual move but one likely to be welcomed by the trade community, President Trump announced March 30 his intention to nominate a career U.S. Customs and Border Protection official,
Kevin McAleenan, as commissioner. McAleenan had been serving as deputy commissioner until being named acting commissioner when Trump took office Jan. 20.
 
Unlike recent commissioners selected from law enforcement backgrounds outside CBP, McAleenan has substantial experience with both trade facilitation and enforcement from within the agency. From 2006 to 2008 he served as the area port director of Los Angeles International Airport, directing CBP’s border security operations at LAX and 17 other airport facilities. In December 2011 he was named acting assistant commissioner of CBP’s Office of Field Operations, where he led agency efforts to secure the U.S. border while expediting lawful trade and travel at 329 ports of entry in the U.S. and 70 international locations in more than 40 countries. He became deputy commissioner on Nov. 2, 2014, serving as CBP’s chief operating officer and senior career official.
 
McAleenan recently told a meeting of the Commercial Customs Operations Advisory Committee that CBP will continue to focus on implementation of the Trade Facilitation and Trade Enforcement Act while also following the president’s directive to eliminate, simplify, or streamline regulations that make it difficult for importers and exporters to do business. A CBP press release noted that McAleenan has advanced the development of CBP’s trade transformation agenda, developed strategies that protect U.S. borders, and implemented innovations that have facilitated the U.S. international arrival and departure process.

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COMMCOMMENTARY

COMM_a116.

J. Forrest & C. Baker: “Flash Update: Trade Compliance (Week 13)”

 
* Authors: John Forrest, Esq.,
John.Forrest@dlapiper.com; and Chloe Barker, Esq.,
chloe.barker@dlapiper.com. Both of DLA Piper, London and Birmingham.
 
Week 13 (27-31 Mar) has seen two important developments in relation to the UK and EU legal and regulatory framework governing trade with Iran and Russia:
 
  – The European Court of Justice (the ECJ) has clarified a number of points in relation to EU sanctions measures targeting Russia
  – The UK Export Control Organisation (the ECO) has announced the withdrawal of the Iran List
 
Russia
 
In July 2014, the European Union adopted sanctions measures in response to Russia’s actions to destabilise the situation in Ukraine. These measures impose restrictions on certain financial transactions, restrict the access of certain Russian entities to capital markets, restrict the export of certain sensitive goods and technologies to Russia and prohibit the provision of services for certain oil projects in Russia.
 
This week the ECJ answered a number of questions in relation to these sanctions measures in the course of a judicial review challenging the validity of the measures brought by Rosneft (the Russian oil and gas company) against the UK Government and Financial Conduct Authority.
 
One of the key challenges faced by companies navigating the restrictions introduced under the measures has been the lack of clarity as to what is and is not covered by the legislation and therefore what commercial activities in relation to Russia are and are not allowed. Guidance issued by the European Commission and the UK Government has assisted to an extent, but uncertainty has remained.
 
The ECJ has said that the fact that some of the provisions of the measures may be subject to clarification, does not make them invalid for lack of certainty or prevent member states from imposing criminal penalties for breach of the measures. Full compliance with the measures therefore remains key to avoid criminal, or indeed wider reputational penalties, for being found to have acted in breach.
 
The ECJ was also asked to consider whether the restrictions on the provision of certain so termed “financial assistance”, should be interpreted as including the processing of payments by a bank or other financial institution. The court held that the term “financial assistance ” does not include the processing of a payment by a bank or financial institution. Therefore, on a practical basis, per the ECJ judgment, a bank processing a payment in relation to the supply of so termed “Annex II” items (certain items that can be used in Russia’s oil sector) to or for use in Russia, does not require a licence to authorise the processing of payments related to the supply of the items. This is position is contrary to prior guidance on this point issued by the European Commission. For completeness, the actual supply of any Annex II items does still require a licence.
 
Read the full judgement of the Court
here.
 
Iran
 
The UK Government announced this week that the Iran List published by the ECO has been withdrawn following the suspension of some UK and EU sanctions measures under the Joint Comprehensive Plan of Action (the JCPOA).
 
The Iran List was compiled and published by the ECO to provide guidance for UK companies on Iranian entities that the ECO were concerned may use or divert products exported from the UK for a weapons of mass destruction (WMD) end use.
 
EU and UK legislation (the EU Dual Use Regulation and the UK Export Control Order 2008 respectively) provide that an export licence is required to authorise an export if an exporter has been informed by the Government, is otherwise aware, or has grounds for suspecting, that goods which it intends to export may be intended in whole or in part for WMD purposes. This is known as an “end use” or “catch all” control and applies to all goods exported from the UK, not only goods normally subject to export controls.
 
In announcing the withdrawal of the Iran List the ECO stated that the UK Government “fully supports expanding our trading relationship with Iran and encourages UK businesses to take advantage of the commercial opportunities that arise”.
 
Companies should be aware however that the end use control still applies both in relation to Iran and other third countries. Appropriate due diligence should therefore be undertaken and recorded in relation to the end use and end user of company products to manage the risk that the products may be diverted to a prohibited end user or for a prohibited end use. The ECO also off an end user advice service, which can be accessed via the ECO SPIRE export licensing system.
 
See our
earlier update including more details on the JCPOA, the sanctions measures that have been suspended and those which remain in force.
 
As advised by the ECO, “It is important to take appropriate due diligence measures before engaging in any activity. Iran will remain a challenging place to do business so if in doubt exporters should seek legal advice”.

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COMM_a217.

L.M. Friedman: “Executive Order on Customs Enforcement”

 
* Author: Lawrence M. Friedman, Esq., Barnes, Richardson & Coburn LLP,
Lfriedman@barnesrichardson.com, 312-297-9554.
 
Apparently, the administration has pivoted to its trade agenda. Yesterday, we saw the draft letter to Congress outlining the modest goals for
NAFTA renegotiations. I also
tweeted the announcement that Kevin McAleenan would be nominated to Commissioner of Customs and Border Protection. The last recent action is the
Executive Order issued yesterday “Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws.”
 
What’s this about?
 
The Executive Order notes that as of May 2015, the United States has failed to collected $2.3 billion in antidumping and countervailing duties. Often, the liable importer is a foreign entity without assets in the U.S. or is insufficiently capitalized to pay the duties. Either way, the duties are uncollectable. To address this, Customs imposes bond requirements and, in certain cases, Commerce requires cash deposits of duties. As is, the bonding requirements can be onerous. In some cases, the surety requires cash collateral to issue the bond, meaning the surety is taking no risk and the importer may as well pay the duties up front (if it can). I have personally seen companies put out of business because they could not secure sufficient bonds. That, of course, is the nature of doing business in merchandise that is allegedly unfairly traded and, as they say, a risk of doing business.
 
What the Executive Order does is require that the Secretary of Homeland Security must develop a plan to require certain importers of merchandise subject to an antidumping or countervailing duty order and who pose a risk to the revenue of the United States to provide security through a bond or other legal measure. The plan must be developed within 90 days of the date of the order.
 
The new part of this might turn out to be the risk assessment for certain importers. The Order specifies that it applies to “covered importers.” These are defined as new importers or importers for which Customs and Border Protection has a record of incomplete or late payment of antidumping or countervailing duties. One obvious concern this raises is that an honest importer who discovers a failure to deposit antidumping or countervailing duties might be penalized for making a disclosure and voluntary tender. The penalty would come in the form of increased bond requirements. The reasonable response to that might be that the importer benefitted from an artificially low bond during the time it was withholding the duties. For similar reasons, this will raise the stakes in post-entry audits where unpaid dumping and countervailing duties are discovered. Clearly, the biggest burden will fall on new importers who will likely see increased bonding requirements.
 
Also within 90 days, the Secretary must develop a plan “for combatting violations of United States trade and customs laws for goods and for enabling interdiction and disposal, including through methods other than seizure, of inadmissible merchandise . . . .” I am curious what interdiction and disposal methods the government might deploy other than seizure (and the forfeiture that generally follows). There is exclusion and re-exportation, but that does not lead to “disposal.”
 
Regarding the protection of intellectual property rights at the border, the Executive Order requires that the government share, to the extent permitted by law, with rights holders information necessary to determine whether there has been an IPR rights infringement and information regarding merchandise that has been abandoned before seizure. Right now, that information is withheld because CBP treats it as commercial proprietary information. The impact of this might be to allow the rights holders to sue infringers in U.S. courts or to seek exclusion orders from the International Trade Commission.
 
Finally, the order tells the Attorney General to recommend prosecution practices and allocate appropriate resources to “ensure that Federal prosecutors accord a high priority to prosecuting significant offenses related to violations of the trade laws.” This is interesting in that is appears to be focused on criminal violations. I say this because the trade enforcement lawyers who deal with penalty cases are not “prosecutors;” they are in the Civil Division at Justice. Even the Assistant U.S. Attorneys who handle seizures do so in civil matters. Does that mean we can expect more prosecutions of individuals for trade-related fraud and false statements? It seems so.
 
Keeping in mind that the collection of antidumping and countervailing duties has been a priority enforcement issue for years and that the United States has put significant resources toward the interdiction of products violating U.S. intellectual property rights, this Order seems to be telling CBP: “Keep at it.” There is some specific instructions to apply risk assessments to importers of goods subject to antidumping and countervailing duty orders. I suspect, but can’t prove, that people at CBP would tell you that the agency was already doing that.

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COMM_a318.

Gary Stanley’s ECR Tip of the Day

 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
gstanley@glstrade.com
 
Under the EAR, the term “attachments” refers to associated items for any “component,” “end item,” or “system,” and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories” and “attachments” will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments” and “accessories” are the same.

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

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a1
19
. ECTI Presents United States Export Control (EAR/OFAC/ITAR) Seminar Series in San Francisco, 12-15 Jun

(Source: Jill Kincaid; jill@learnexportcompliance.com)
 
* What: United States Export Control (EAR/OFAC/ITAR) Seminar Series in San Francisco, CA
* When: EAR/OFAC Seminar: June 12-13, 2017; ITAR Seminar:  June 14-15, 2017
* Where: San Francisco, CA: Sheraton Fisherman’s Wharf Hotel
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker Panel: John Black, Greg Creeser, Marc Binder and guest speakers: Steve Brotherton and Randall Cook
* Register: Here, or Jessica Lemon, 540-433-3977, jessica@learnexportcompliance.com

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

MSEX/IM MOVERS & SHAKERS

MS_a120. 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;
Senior Compliance Manager, Global Trade Compliance
; Requisition ID: 486942

* 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

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

* DB Schenker (2 positions); Atlanta GA, and Long Beach CA;
Area Customs Director
;
Crystal.Adair@dbschenker.com
; Requisition ID: 17P009

* 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; Billerica MA; 
Sr. Defense Trade Licensing & Compliance Analyst
; Requisition ID: 8008

# General Dynamics Information Technology; Falls Church VA;
Principal Contracts Administrator – Export Compliance Coordinator
;
Kara.Reynolds@gdit.com
; Requisition ID: 2017-21288

* 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 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; 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; McKinney TX;
Counsel Global Trade Compliance
; Requisition ID: 94826BR

* 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

* 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

# Thales Defense and Security, Inc.; Clarksburg MD; Manager Trade Compliance
; William.Denning@thalesdsi.com; Requisition ID: 2592

* 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;
Sr. ITC Analyst- Imports
; Requisition ID: 33469BR

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


# United Technologies Corporation, UTC Aerospace Systems; Charlotte NC;
Specialist, ITC IT Systems
; Requisition ID:
33792BR

* 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, Otis; Farmington, CT;
International Trade Compliance (ITC) Program Manager
; Requisition ID: 44984BR
# United Technologies Corporation, UTC Aerospace Systems; Troy OH;
Sr. Manager, Intl Trade Compliance
; Requisition ID: 44065BR 

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

ITC Generalist
; Requisition ID:
44040BR
* United Technologies Corporation, UTC Aerospace Systems; Westford MA;
Senior Analyst, International Trade Compliance
; Requisition ID: 31576BR
# United Technologies Corporation, UTC Aerospace Systems; Windsor Locks, CT;
IT Export & Compliance Intern
; Requisition ID: 42148BR
# United Technologies Corporation, UTC Aerospace Systems; Windsor Locks, CT; 
Spec, Intl Trade Compl
; Requisition ID: 44177BBR

* 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; 
Specialist, Intl Trade Compliance Authorizations
; Requisition ID: 43649BR

#
United Technologies Corporation, UTC Aerospace Systems; Windsor Locks CT;
Sr. ITC Manager, Central Engineering
; Requisition ID: 45599BR

* Vigilant; Unknown location in the U.S.;
BioTech/Pharmaceutical Global Trade Analyst

* 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) 

 
* Washington Irving (3 Apr 1783 – 28 Nov 1859, was an American short story writer, essayist, biographer, historian, and diplomat of the early 19th century. He is best known for his short stories Rip Van Winkle and The Legend of Sleepy Hollow.)
  – “Great minds have purposes; others have wishes.”
 
* Girolamo Casanova, 2 April 1725 – 4 June 1798) was an Italian adventurer and author from the Republic of Venice.  His autobiography, Histoire de ma vie (“Story of My Life”), is regarded as one of the most authentic sources of the customs and norms of European social life during the 18th century.)
  – “Love is three quarters curiosity.”
 
Monday is pun day:
 
Q. What’s the difference between bird flu and swine flu?
A. One requires tweetment, the other requires oinkment.

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

EN_a322
. 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: 29 Mar 2017: 82 FR 15461-15463: Removal of Certain Persons From the Entity List; and 82 FR 15458-15461: Removal of Certain Persons From the Entity List; Addition of a Person to the Entity List; and EAR Conforming Change.

  
*
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 (9 Mar 2016) of Bartlett’s Annotated FTR (“BAFTR”), by James E. Bartlett III, is available for downloading in Word format. The BAFTR contains all FTR amendments, FTR Letters and Notices, a large Index, and footnotes containing case annotations, practice tips, and Census/AES guidance.  Subscribers receive revised copies every time the FTR is amended. The BAFTR is available by annual subscription from the Full Circle Compliance website.  BITAR subscribers are entitled to a 25% discount on subscriptions to the BAFTR.
 
*
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA)
, 1 Jan 2017: 19 USC 1202 Annex. (“HTS” and “HTSA” are often seen as abbreviations for the Harmonized Tariff Schedule of the United States Annotated, shortened versions of “HTSUSA”.)
  – Last Amendment: 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.

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

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.

* SUBSCRIPTIONS: Subscriptions are free.  Subscribe by completing the request form on the Full Circle Compliance website.

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