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17-0501 Monday “The Daily Bugle”

17-0501 Monday “Daily Bugle”

Monday, 1 May 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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  1. DHS/CBP Extends Comment Period Concerning Entry of Articles for Exhibition 
  2. DHS/CBP Extends Comment Period Concerning Temporary Scientific or Educational Purposes Declaration of the Ultimate Consignee 
  3. DHS/CBP Extends Comment Period Concerning Transportation Entry and Manifest of Goods Subject to CBP Inspection and Permit 
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. State/DDTC: (No new postings.) 
  4. EU Imposes Additional Customs Duties on Four Products Originating in the U.S.  
  1. Expeditors News: “White House Issues Memorandum Regarding Aluminum Investigation” 
  2. The National Interest: “Is This China’s Next Threat to U.S. National Security?” 
  3. Nuba Reports: “Sudan May Be Smuggling Embargoed Arms to Blue Nile” 
  4. Reuters: “U.S. Renews Belarus Sanctions Relief” 
  5. Trouw: “Critical Eye on Exports to Turkey” 
  1. E. Martin: “An Ethics Toolkit for Small Businesses” 
  2. M. Volkov: “Knowing Your Employees and Incident Management Systems” 
  3. S.A. Baker: “Alan Cohn and Maury Shenk Take Over” (Steptoe Cyberlaw Podcast) 
  1. Monday List of Ex/Im Job Openings: 105 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 (18 Apr 2017), FACR/OFAC (10 Feb 2017), FTR (19 Apr 2017), HTSUS (7 Mar 2017), ITAR (11 Jan 2017) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1. 
DHS/CBP Extends Comment Period Concerning Entry of Articles for Exhibition

(Source: Federal Register)
 
82 FR 20371: Agency Information Collection Activities: Entry of Articles for Exhibition
 
* AGENCY: U.S. Customs and Border Protection (CBP), Department of Homeland Security.
* ACTION: 60-Day Notice and request for comments; extension of an existing collection of information.
* SUMMARY: The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
* DATES: Comments are encouraged and will be accepted (no later than June 30, 2017) to be assured of consideration.  . . .
* SUPPLEMENTARY INFORMATION: CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) suggestions to enhance the quality, utility, and clarity of the information to be collected; and (4) suggestions to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. The comments that are submitted will be summarized and included in the request for approval. All comments will become a matter of public record.
 
Overview of This Information Collection
  Title: Entry of Articles for Exhibition.
  OMB Number: 1651-0037.
  Form Number: None.
  Current Actions: CBP proposes to extend the expiration date of this information collection with no change to the burden hours or to the information collected.
  Type of Review: Extension (without change).
  Affected Public: Businesses.
  Abstract: Goods entered for exhibit at fairs, or for constructing, installing, or maintaining foreign exhibits at a fair, may be free of duty under 19 U.S.C. 1752. In order to substantiate that goods qualify for duty-free treatment, the consignee of the merchandise must provide information to CBP about the imported goods, which is specified in 19 CFR 147.11(c).
  Dated: April 25, 2017.
Seth Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.
 

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EXIM_a2

2. 
DHS/CBP Extends Comment Period Concerning Temporary Scientific or Educational Purposes Declaration of the Ultimate Consignee

(Source: Federal Register)
 
82 FR 20369-20370: Agency Information Collection Activities: Temporary Scientific or Educational Purposes
 
* AGENCY: U.S. Customs and Border Protection (CBP), Department of Homeland Security.
* ACTION: 30-Day notice and request for comments; extension of an existing collection of information.
* SUMMARY: The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
* DATES: Comments are encouraged and will be accepted no later than May 31, 2017 to be assured of consideration.
* ADDRESSES: Interested persons are invited to submit written comments on this proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to oira_submission@omb.eop.gov or faxed to (202) 395-5806.
* FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to the CBP Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street NE., 10th Floor, Washington, DC 20229-1177, or via email CBP_PRA@cbp.dhs.gov. Please note that the contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs should contact the CBP National Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP Web site at https://www.cbp.gov/.
* SUPPLEMENTARY INFORMATION: CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). . . . 
Overview of This Information Collection
  Title: Declaration of the Ultimate Consignee that Articles were Exported for Temporary Scientific or Educational Purposes.
  OMB Number: 1651-0036.
  Form Number: None.
  Current Actions: CBP proposes to extend the expiration date of this information collection with no change to the burden hours or to the information collected.
  Type of Review: Extension (without change).
  Affected Public: Businesses.
  Abstract: The Declaration of the Ultimate Consignee that Articles were Exported for Temporary Scientific or Educational Purposes is used to document duty free entry under conditions when articles are temporarily exported solely for scientific or educational purposes. This declaration, which is completed by the ultimate consignee and submitted to CBP by the importer or the agent of the importer, is used to assist CBP personnel in determining whether the imported articles should be free of duty. It is provided for under 19 U.S.C. 1202, HTSUS Subheading 9801.00.40, and 19 CFR 10.67(a)(3) which requires a declaration to CBP stating that the articles were sent from the United States solely for temporary scientific or educational use and describing the specific use to which they were put while abroad. . . . 
 
  Dated: April 25, 2017.
Seth Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.
 

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EXIM_a3

3. 
DHS/CBP Extends Comment Period Concerning Transportation Entry and Manifest of Goods Subject to CBP Inspection and Permit

(Source: Federal Register)
 
82 FR 20368-20369: Agency Information Collection Activities: Transportation Entry and Manifest of Goods Subject to CBP Inspection and Permit
 
* AGENCY: U.S. Customs and Border Protection (CBP), Department of Homeland Security.
* ACTION: 30-Day notice and request for comments; Extension of an existing collection of information.
* SUMMARY: The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
* DATES: Comments are encouraged and will be accepted (no later than May 31, 2017 to be assured of consideration).  . . . .
* FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to the CBP Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street NE., 10th Floor, Washington, DC 20229-1177, or via email
CBP_PRA@cbp.dhs.gov
. Please note that the contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs should contact the CBP National Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP Web site at
https://www.cbp.gov/
.
* SUPPLEMENTARY INFORMATION: CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 
Overview of This Information Collection
  Title: Transportation Entry and Manifest of Goods Subject to CBP Inspection and Permit
  OMB Number: 1651-0003
  Form Numbers: CBP Forms 7512 and 7512A
  Type of Review: Extension (without change)
  Current Actions: This submission is being made to extend the expiration date with no change to the burden hours or to the information collected.
  Affected Public: Businesses
  Abstract: CBP Forms 7512 and 7512A are used by carriers and brokers to serve as the manifest and transportation entry for cargo moving under bond within the United States. The data on the form is used by CBP to identify the carrier who initiated the bonded movement and to document merchandise moving in-bond. These forms provide documentation that CBP uses for enforcement, targeting, and protection of revenue. Forms 7512 and 7512A collect information such as the names of the importer and consignee; a description of the merchandise moving in-bond; and the ports of lading and unlading. Various provisions in 19 CFR require the use of these forms including 19 CFR 10.60, 19 CFR 10.61 and 19 CFR part 18. The forms can be found at http://www.cbp.gov/xp/cgov/toolbox/forms/. . . .
 
  Dated: April 25, 2017.
Seth Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.
 

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OGSOTHER GOVERNMENT SOURCES

OGS_a14. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register

[No items of interest noted today.]

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(Source:
Official Journal of the European Union
)

 
Regulations:
  – Commission Delegated Regulation (EU) 2017/750 of 24 February 2017 amending Council Regulation (EC) No 673/2005 establishing additional customs duties on imports of certain products originating in the United States of America.

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

NWSNEWS

NWS_a18.

Expeditors News: “White House Issues Memorandum Regarding Aluminum Investigation”

 
On 27 April 2017 the White House Office of the Press Secretary released a Presidential Memorandum to the U.S. Secretary of Commerce outlining the Section 232 investigation into aluminum imports. Section 232 investigations are conducted to determine how certain imports effect national security.
 
According to the memorandum, the White House is requesting consideration be made into how excess capacity as a result of artificially low prices can affect the U.S.’s economic welfare, potential unemployment risks, skill or investment losses, and, “the domestic production of aluminum needed for projected national defense requirements.”
 
If impairment to national security is found in the investigation the Secretary of Commerce is tasked with recommending actions to counteract those threats.
 
The memorandum can be accessed here.

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NWS_a029.

The National Interest: “Is This China’s Next Threat to U.S. National Security?”

 
China is close to making a funding deal that could allow it to glean national-security secrets in the Pacific region via one of the Northern Hemisphere’s premier infrared telescopes, according to government documents.
 
The East Asian Observatory (“EAO”), which is funded by the Chinese Academy of Sciences in conjunction with Japan, South Korea and Taiwan, has expressed interest in increased access to the United Kingdom Infrared Telescope for years. The telescope sits on top of a dormant volcano on Hawaii’s largest island. It is leased by the University of Hawaii and operated under a Scientific Cooperation Agreement led by the University of Arizona. Government documents obtained by the National Interest show that new funding for the telescope must be secured in the next few months, and that the foreign research group has made a tempting offer of $1 million a year for five years in exchange for independent operation of the telescope and its previously collected data archives. …
 
  “EAO having independent control over it is not possible because there are export control units that they could not have access to,” he (U
niversity of Hawaii spokesman Dan Meisenzahl
)
said. …
 
The pending deal has long raised concerns among America’s national-security community. Back in 2013, a small group of elite scientists and government advisers, known as the JASON group, expressed their concern about foreign-party access to UKIRT in a letter to aerospace expert Jerry Krassner.  …
 
… the JASON group calls attention “to potentially serious national security consequences” associated with foreign-party access to the telescope. The infrared detectors used in the UKIRT cameras and spectrometers are restricted by International Traffic and Arms Regulations and export of those capabilities to other countries “is strongly limited in order to avoid transfer of sensitive technologies,” the letter states. Therefore, it would be “highly ironic” to make the telescope readily accessible to foreign parties given that they “could conduct key observation of U.S. space assets and reverse-engineer the infrared arrays,” the letter states. … 

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NWS_a310.

Nuba Reports: “Sudan May Be Smuggling Embargoed Arms to Blue Nile”

(Source:
Nuba Reports) [Excerpts.]
 
Sudan may have violated the UN and EU embargoes by receiving weapons from Iran and China and military trucks from EU countries according to a recent report by an arms research organization.
 
The report, by Conflict Armament Research (CAR), discloses that the Sudanese Armed Forces (SAF) have expanded efforts to conceal the origin of weapons they deploy and supply to proxy armed groups in the conflict area of Blue Nile state.
 
SAF resupplied its forces with new and heavier weapon types from Iran and China during the 2016-fighting season in Blue Nile State.
 
  “Our field research shows that Sudanese security agencies remain adept at skirting international restrictions on military equipment supplies,” said CAR Executive Director James Bevan. “They have continued to obtain tactically valuable items through civilian front companies, and during 2016, have increased efforts to conceal the origins of weaponry deployed in conflict zones.”
 
The organization revealed that Iran has supplied the Sudanese Army with heavier weapons than previously documented. …
 

The report also disclosed that a Dutch company, Van Vliet, had lawfully provided Sudan with military trucks that are made in Germany. The military trucks from a Dutch company exported from 2010 to 2014 and did not require export licenses for these vehicles at the time. The EU has since expanded export controls on such vehicles. “Military trucks are definitely not weapons, but the EU arms embargo also covers non-weapon platforms and ancillary equipment. The issue is shifting Sudanese front-companies that are being used to access demilitarized vehicles, specifically these kinds of heavy trucks,” CAR Field Researcher Justine Fleischner said. …  

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NWS_a411.

Reuters: “U.S. Renews Belarus Sanctions Relief”

(Source:
Reuters) [Excerpts.]
 
The United States on Friday extended sanctions relief for Belarus for another six months, continuing a policy begun during the Obama administration meant to encourage a country traditionally in Russia’s orbit to turn to the West.
 
The waivers to U.S. economic sanctions for nine major Belarus companies began in 2015 and were extended twice last year, and were set to expire on April 30.
 
The waivers were tied to domestic political reforms and were thrown in doubt after Belarus authorities arrested hundreds of people in March during an attempt to hold a street protest in the capital Minsk.
 
But the U.S. Treasury Department’s Office of Foreign Assets Control, which administers sanctions, issued a new waiver on Friday extending the relief until Oct. 30. It allows companies like petrochemical conglomerate Belneftekhim and tire manufacturer Belshina to deal with American businesses.
 
The Treasury Department said it had made the decision “in consultation and coordination” with the State Department.
 
A U.S. official said earlier this month that the Trump administration was inclined to renew the sanctions relief at the end of April if Belarus authorities did not “do anything awful.”
 
The sanctions relief was part of an effort to engage with Belarus and its veteran leader, President Alexander Lukashenko. The European Union last year ended five years of sanctions against Belarus. … 

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NWS_a512.

Trouw: “Critical Eye on Exports to Turkey”

(Source:
Trouw, in Dutch) [Translated Excerpts.]
 
Since the failed coup attempt and subsequent internal political developments last summer, Turkey has been placed in a higher risk category for the assessment of license applications from Dutch companies for the export of so-called dual-use items.  These include items graphite, used in both pencils as well as nuclear reactors, image intensifier tubes, applicable in security cameras or night vision equipment, and numerous ICT products such as chips that can be used for information security.
 
Turkey is no longer in the list of countries for which a global export license can be used. The Dutch Ministry of Foreign Relations says it received signals that other EU Member States have taken similar measures. …
 
Behind the scenes, the Ministry of Foreign Relations looks with a critical eye on Turkey. Foreign Minister Bert Koenders recently repeated that, since the summer of 2016, military exports to Turkey are scrutinised extra carefully. Currently, it seems that exports of items with a civilian character are assessed in a similar way. …
 
License applications for the export of dual-use items to so-called “safe countries” outside the EU, such as many NATO-partners, are handled by the Customs’ Centrale Dienst In- en Uitvoer (CDIU, “Central Agency for Import and Export”). This process usually takes two weeks at maximum. Currently, license applications for exports of strategic goods to Turkey, like exports to Russia, are now being assessed by the Ministry of Foreign Affairs, which regularly requires extra information from exporters. Often, this process takes at least two months. … 

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COMMCOMMENTARY

COMM_a113.

E. Martin: “An Ethics Toolkit for Small Businesses”

 
* Author: Ellen Martin, Vice President Ethics and Business Conduct for the Boeing Company, and working group chair for the Defense Industry Initiative (DII) on business ethics and conduct.
 
For many small businesses, the path to becoming a contractor for the Defense Department may be daunting. They must comply with many regulations that can pose serious challenges.
 
Navigating these regulations can be a complicated and perhaps intimidating process, with limited resources available to assist small businesses. Fortunately, the defense industry initiative (DII) on business ethics and conduct recognizes these challenges and has designed a small business toolkit, a comprehensive resource providing outlines, templates and examples of many of the required elements for an effective ethics and compliance program.
 
It includes everything necessary in creating a program compliant with complex federal procurement regulations and explains the nine elements of an effective ethics and compliance program.
 
Specifically, the toolkit provides detailed information and provides examples.
 
One section is governance and organization, which addresses key questions small businesses will face when establishing an ethics and compliance program, whether it’s a single person or a full department.
 
The training and engagement section includes a PowerPoint presentation that can be customized for employers to train individuals involved in an organization’s compliance program, as well as employees engaged in government contracts. It also includes 12 training case study videos and sample ethics communication documents.
 
The policies and procedures part features a DII model code of conduct, supplier code of conduct and over 25 sample policies and procedures covering mandatory and optional policies a contractor could be required to implement depending on the scope of government work.
 
The auditing monitoring and mentoring section provides tools to self-audit and determine program effectiveness. For DII members, the toolkit also includes a list of DII member companies that have agreed to serve as mentors to small businesses around various ethics and compliance topics.
 
For example, the policies and procedures section discusses content included in an effective conflicts of interest policy that meets federal standards.
 
This section includes essential resources including: A sample conflicts of interest policy; PowerPoint slides defining conflicts of interest and guidelines for avoiding them; an ethics case study detailing a potential conflict of interest; a sample ethics program with information on conflicts of interest; sample code of conduct with a conflicts of interest section; and a DII model code of conduct assessment tool with a section on conflicts of interest.
 
Additionally, many small businesses lack the time and experience to create policy and procedure documents that are essential to successful compliance. The small business toolkit includes policy and procedure examples including: time charging; non-retaliation; anti-corruption/business courtesies; mandatory disclosure; and export/import compliance.
 
Using the toolkit, organizations that join DII have access to an ethics and compliance network of the most established, respected defense contracting companies in the industry today. These individuals, many of whom serve on the DII working group, can provide crucial insight and best practices on all aspects of developing a robust ethics and compliance program on matters addressed in the toolkit.
 
Ethics and compliance training is time consuming. The small business toolkit includes customizable slides that significantly reduce the burden of preparing and conducting training as well as an engaging case study, sample policies and procedures.
 
Small businesses with established ethics and compliance programs can use the toolkit’s self-auditing resource to ensure the program is effective and working as intended.
 
It is an invaluable resource that will assist small businesses in complying with the myriad of federal regulations that can pose serious compliance challenges. DII recognizes that small businesses have limited resources and the goal was to provide them with an easy roadmap to build effective ethics and compliance programs. 
 
Another resource DII offers is the supplier code of conduct, which expresses the expectations held for suppliers throughout the aerospace and defense industry.
 
DII is a nonpartisan, non-profit association of responsible U.S. defense companies committed to conducting business affairs at the highest ethical level and in full compliance with the law.
 
Members are the professional ethics officers, CEOs and senior officials of 74 top companies serving the Defense Department and collaborating to identify solutions that elevate industry practices, strengthen business performance and promote ethical business relationships.
 
It provides resources and assistance to help train hundreds of thousands of defense-industry employees in ethics and compliance and offers quarterly best practice webinars and an annual best practices forum, which are informal meetings designed around the small business toolkit.
 
The best practices forum is an annual gathering of members featuring sessions and keynotes with recognized defense contractor, government and industry leaders on the latest regulations and developments. These events allow members to share lessons learned, obtain advice from subject matter experts, collaborate and ask questions regarding implementation and maintenance of effective ethics and compliance programs.
 

DII has recently partnered with the National Defense Industrial Association’s Ethics Committee to elevate awareness and provide resources for small businesses. To learn more about the Small Business Toolkit and joining DII, visit the website at www.dii.org or send an email to DGiardina@crowell.com to request an application. 

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COMM_a2
14.

M. Volkov: “Knowing Your Employees and Incident Management Systems”

(Source:
Volkov Law Group Blog. Reprinted by permission.)
 
* Author: Michael Volkov, Esq., Volkov Law Group, mvolkov@volkovlaw.com, 240-505-1992.  
 
Chief compliance officers know the importance of trust, not just as a foundation of a global company’s compliance program, but in the context of knowing what company employees are doing out in the field. CCOs will always say they have a “feel” for what is going on at the company but when they are reminded of how little visibility they have into company operations around the globe, they will quickly acknowledge they really do not know what is occurring out in the field.
 
Most CCOs love compliance data. It gives them a window into whether or not managers and employees are complying with controls.
 
Basic questions become basic reinforcements:
 
  – Are employees completing code of conduct trainings?
  – Are employees executing annual certifications?
  – Are employees completing required due diligence processes before onboarding a new third party?
  – What do employees think about company leadership?
  – Have employees witnessed employee misconduct, and if so, did they report it?
 
These are examples of the types of basic questions that are important to CCOs.
 
In reality, there are many valuable sources of compliance data that is relevant to a CCO from which the CCO can glean a picture of a company’s culture and operations.
 
A Speak Up culture, if robust, gives companies an opportunity to collect and analyze continuous data on a compliance program.   In its 2017 Ethics and Compliance Hotline and Incident Management Report (available here), NAVEX cited the fact that employee-reporting rates have increased 56 percent over the last seven years. That is a significant statistic and shows the importance of employee reporting systems and the value that employees place on such systems.
 
In another important finding, NAVEX noted that employee reporting rates were higher in those organizations that use incident management systems to collect and analyze all available employee concern data, including walk-in complaints, email and more sources.
 
A company that is committed to maximizing employee communications, and using such data to inform the company’s operations is a company that is committed to its employees. That sounds like a tautology but it reflects an important commitment. A company that wants to know about employee morale, employee concerns and employee ideas is, by definition, a healthy company. By encouraging speaking up, a company is sending an important message – “we want to know your concerns and we intend to respond to them.”
 
A company’s commitment has to stretch well-beyond collecting and analyzing data – it has to take the data, learn from the data, and respond to concerns. If the data shows significant employee concerns surrounding a specific operation or geographic area or office, the company has to respond and remedy the concern. If the company fails to follow through, the bond of trust between the company and its employees may be broken.
 
Successful companies have to make sure that their employees are productive, satisfied in their jobs, and supportive of the company’s mission. A two-way communications system is critical to make sure that company leaders and employees listen and learn from each other, and respond to each other as well. It is easy to identify companies where this bond is broken or weak; it is easy to identify companies that have a robust bond in this area where employees are productive and content.

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

COMM_a3
15.

S.A. Baker: “Alan Cohn and Maury Shenk Take Over” (Steptoe Cyberlaw Podcast)

* Author: Stewart A. Baker, Esq., sbaker@steptoe.com, Steptoe & Johnson LLP (Washington DC).
 
In this episode, Alan Cohn and Maury Shenk [of Steptoe & Johnson LLP] look at questions in Europe and elsewhere in my absence. …
 
… Alan Cohn reviews the bidding on dual-use export controls and cyber technologies, explaining both the most recent negotiations under the Wassenaar Arrangement and the EU’s efforts to amend its dual-use export controls to include cyber-surveillance technologies.
 
As always, the Cyberlaw Podcast welcomes feedback. Send an email to CyberlawPodcast@steptoe.com or leave a message at +1 202 862 5785.
 
  – Download the 161th Episode (mp3) of the Steptoe Cyberlaw Podcast here.
 

[Editor’s Note: the EU’s efforts to amend its dual-use export controls are discussed from minute 21.38 onwards.] 

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MSEX/IM MOVERS & SHAKERS

MS_a116. Monday List of Ex/Im Job Openings: 105 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: 520481
* Amazon; Mexico City, Mexico;
Senior Manager, Mexico Trade Compliance
; Requisition ID: 520460

* Amazon; Seattle WA;
NA Compliance Analyst
; Requisition ID: 256357

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

* Amazon; Tokyo, Japan;
Trade Compliance Specialist
; Requisition ID: 481891

* Advanced Micro Devices (AMD); Austin TX;
Import/Export Compliance Manager; Requisition ID: 24061

* Ansell; Iselin NJ;
Senior Specialist NA Trade Compliance
; Requisition ID: IRC6513
* ASML; Veldhoven, the Netherlands;
Senior Manager Trade & Customs
; Requisition ID: RC05619

* BAE Systems Plc; Farnborough, United Kingdom; 
Deputy Head of Licensing & Policy
; Requisition ID: 
00045464

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

* Bemis Company; Neenah WI;
Director – Global Trade Compliance
; Requisition ID: REQ_13735
* Berry Plastics Corporation; Evansville IN;
International Trade Compliance Administrator
; Requisition ID: 4054

* Brunswick Corporation; Lake Forest IL;
Trade Compliance Auditor
; Becky Longrie, 847-735-4755,
becky.longrie@brunswick.com
; Requisition ID: 22999

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

* CSL Behring; King of Prussia PN;
Global Trade Compliance Senior Analyst
; Requisition ID: R-038869

* CSRA Inc.; Falls Church VA;
Global Trade & Compliance Principal
; Alan Strober 571-375-4890; Requisition ID: 17002RN

* Danaher; Wash DC (Other locations possible);
Global Trade Compliance Manager; Requisition ID: DAN000510

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

* DHL; Netherlands;
Manager Customs Compliance

; Requisition ID: req39070 

* 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; Brea CA;
Sr. Trade Compliance Manager;
Requisition ID: 7333BR

* Esterline Technologies Corporation; Paso Robles CA;
Trade Compliance Manager
; Requisition ID: 6148BR

* 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

* Givaudan; Bogor, Indonesia;
Compliance Manager
; Requisition ID: 68063

* 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

* KPMG; Antwerp, Brussels;
Manager Global Trade & Customs – SAP GTS
; 122756BR

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

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

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

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

* L-3 Technologies, Platform Integration Division; Waco TX;
Export/Import Compliance Administrator 3
; Requisition ID 088725

# Lockheed Martin; Orlando FL;
International Trade Compliance Sr Staff / ITAR / EAR / Export Control Officer
; Requisition ID: 387435BR
#
Mars – Wrigley; Chicago IL; 
Global Trade Compliance Analyst (Corporate Export)
;
Ryan.Martin@effem.com
; Requisition ID: 69452

* Maxim Integrated; Dallas TX;
Manager, Global Trade
; 3304BR

* 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

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

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


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

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

* Plexus Corporation; Neenah Wi;
Manager – Export Compliance
; Requisition ID: 14645BR
* Plexus Corporation; Neenah Wi;
Manager – Import Compliance
; Requisition ID: 14593BR
* Premier Farnell Organisation; Leeds, UK;
Trade Compliance Specialist – Europe
; 4301

* 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; 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 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

* Talbots; Hingham MA;
Sr Mgr Global Trade & Customs Compliance
; Requisition ID: 1077
* Talbots; Lakeville MA;
Dir., Global Logistics & Customs Com
; Requisition ID: 1085

* Teledyne Microwave Solutions; Mountain View CA;
 


Trade Compliance Administrator 2
; Requisition ID: 2017-4111

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

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

* ThermoFisher Scientific; Breda, the Netherlands;
Import/Export Specialist – EMEA CMD Commercial Offices
; Requisition ID: 44930BR

* ThermoFisher Scientific; Matamoros, Mexico;
Import/Export Supervisor
; Requisition ID: 39750BR

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

* UCB; Braine L’alleud, Belgium;
Manager Global Customs and Trade Compliance


* 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, UTC Aerospace Systems; Chula Vista CT;
International Trade Compliance Analyst
; Requisition ID: 46876BR

* United Technologies Corporation, Otis; Farmington, CT;
International Trade Compliance (ITC) Program Manager
; Requisition ID: 44984BR

* United Technologies Corporation, UTC Aerospace Systems; Fort Worth TX;
Manager, Intl Trade Compl
; Requisition ID: 46311BR

* United Technologies Corporation, UTC Aerospace Systems; Santa Fe Springs CA;
Sr. Analyst, International Trade Compliance
; Requisition ID: 46184BR

* United Technologies Corporation, UTC Aerospace Systems; Troy OH;
Sr. Manager, Intl Trade Compliance
; Requisition ID: 44065BR 

* 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;
Customs and Import Specialist; Requisition ID: 42570BR

* United Technologies Corporation, UTC Aerospace Systems; Windsor Lock CT;
International Trade Compliance Site Lead
; Requisition ID: 47259BR

#
Varex Imaging Corp; Salt Lake City UT; 
Senior Customs Compliance Analyst
; Requisition ID: 
11402BR

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

* XPO Logistics; Greenwich CT;
Global Trade Compliance Analyst

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

ENEDITOR’S NOTES


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

EN_a318
. 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: 18 Apr 2017: 82 FR 18217-18220: Revision to an Entry on the Entity List)

  
*
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: 19 Apr 2017: 82 FR 18383-18393: Foreign Trade Regulations: Clarification on Filing Requirements 
  – HTS codes that are not valid for AES are available
here.
  – The latest edition (19 Apr 2017) 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.

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

Review last week’s top Ex/Im stories in “Weekly Highlights of the Daily Bugle Top Stories” published
here

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

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.

* TO UNSUBSCRIBE: Use the Safe Unsubscribe link below.

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