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17-0602 Friday “Daily Bugle”

17-0602 Friday “Daily Bugle”

Friday, 2 June 2017

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

  1. Commerce/BIS Shortens Comment Deadline for Section 232 National Security Investigation of Imports of Aluminum 
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. DHS/CBP Announces ACE Production Outage, 3-4 Jun
  4. DHS/CBP Updates ACE AESTIR Appendix F
  5. Justice: “Connecticut Business Owner Pleads Guilty to Export Violation”
  6. State/DDTC: (No new postings.)
  1. Defense News: “Canada Signals It Will Use Military Equipment to Resist US Protectionist Measures”
  2. ST&R Trade Report: “Dates and Deadlines: Textiles and Apparel, E-Commerce, CBP Forms”
  1. G. Kreijen: “Export Controls Enforcement by the Dutch Court | Part 1: The Case of the Logistics Provider”
  2. Gary Stanley’s ECR Tip of the Day
  1. Friday List of Approaching Events
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Changes: ATF (15 Jan 2016), Customs (27 Jan 2017), DOD/NISPOM (18 May 2016), EAR (26 May 2017), FACR/OFAC (10 Feb 2017), FTR (19 Apr 2017), HTSUS (26 Apr 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. Commerce/BIS Shortens Comment Deadline for Section 232 National Security Investigation of Imports of Aluminum

(Source: Federal Register) [Excerpts.]
 
82 FR 25597-25598: Change in Comment Deadline for Section 232 National Security Investigation of Imports of Aluminum
* AGENCY: Bureau of Industry and Security, Office of Technology Evaluation, U.S. Department of Commerce.
* ACTION: Notice on change in comment period for previously published notice of request for public comments and public hearing.
* SUMMARY: On May 9, 2017, the Bureau of Industry and Security (BIS), published the Notice of Request for Public Comments and Public Hearing on Section 232 National Security Investigation of Imports of Aluminum. The May 9 notice specified that the Secretary of Commerce initiated an investigation to determine the effects on the national security of imports of aluminum. This investigation has been initiated under section 232 of the Trade Expansion Act of 1962, as amended. (See the May 9 notice for additional details on the investigation and the request for public comments.) The May 9 notice also announced that the Department of Commerce will hold a public hearing on the investigation on June 22, 2017 in Washington, DC (See the May 9 notice for additional details on the public hearing.) The deadline for the written comments was June 29, 2017. Today’s notice moves the deadline for all written submissions up by six calendar days. Commenters now are encouraged to submit their comments by June 20, 2017, but all written submissions must be received by no later than June 23, 2017 to be considered in the drafting of the final report.
* DATES: Comments are encouraged to be submitted by June 20, but comments must be received no later than June 23, 2017. …
* FOR FURTHER INFORMATION CONTACT: Brad Botwin, Director, Industrial Studies, Office of Technology Evaluation, Bureau of Industry and Security, U.S. Department of Commerce (202) 482-4060, brad.botwin@bis.doc.gov. For more information about the section 232 program, including the regulations and the text of previous investigations, see www.bis.doc.gov/232.
   Submit public comments to Aluminum232@bis.doc.gov.
* SUPPLEMENTARY INFORMATION:
  The May 9 notice included a comment period deadline of June 29, 2017 and required that written statements related to the public hearing also be submitted by June 29, 2017. The Department of Commerce has determined at this time that it is warranted to shorten the written submission period by six calendar days. Today’s notice specifies that commenters are encouraged to submit their comments by June 20, 2017, but all written submissions must now be received by no later than June 23, 2017 to be considered in the drafting of the final report. Submit public comments to Aluminum232@bis.doc.gov.
  Receiving comments by June 20, 2017 will assist the Commerce Department in preparing for the public hearing on the investigation scheduled for June 22, 2017. Moving the deadline for all written submissions to June 23, 2017 will enable the Commerce Department to more expeditiously finalize the report, taking account of the time-sensitive nature of the national security implications related to this section 232 investigation of aluminum, and of the President’s direction to move quickly on this important matter. The Commerce Department has included one additional day after the hearing concludes to allow people who attend or view remotely the hearing to submit any additional comments they may have in response to testimony during the hearing.
 
  Dated: May 31, 2017.
Wilbur Ross, Secretary of Commerce.

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OGSOTHER GOVERNMENT SOURCES

OGS_a12
. 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:
CSMS #17-000320, 2 June 2017.)
 
There will be an ACE PRODUCTION Outage Saturday evening, June 3, 2017 from 2200 ET to 0400 ET Sunday, June 4, 2017 for ACE infrastructure maintenance.
* * * * * * * * * * * * * * * * * * * *

(Source:
CSMS #17-000322, 2 June 2017.)
 
U.S. Customs and Border Protection (CBP) has updated the Automated Export System Trade Interface Requirements (AESTIR) Appendix F posted on CBP.gov. At the request of Bureau of Industry and Security (BIS), ACE has made the following changes to the AESTIR Appendix F:
 
  – No License Required (NLR) Part 758. For items not subject to a license requirement, NLR may be used.
  – Part 758. 1(g)(3) Mandatory reporting of ECCN for items with a reason for control other than or in addition to antiterrorism (AT). EAR99 may be reported as an ECCN.
  – For items under 600 series ECCNs with a .y paragraph, use C60 (DY6). NLR shipments of 600-series and 9×515 ECCNs (except .y paragraph) can be shipped only to Canada.
  – For Census purposes, use C33 for shipments between the U.S. and Puerto Rico and from the U.S. to the U.S. Virgin Islands.
 
To access the updated AESTIR appendix F, please visit the “AESTIR Introduction and Guidelines” page of CBP.gov/ACE, and click on the “AESTIR” Appendices hyperlink.
* * * * * * * * * * * * * * * * * * * *

(Source:
Justice) [Excerpts.]
 
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that IMRAN KHAN, 43, of North Haven, waived his right to be indicted and pleaded guilty yesterday in Hartford federal court to violating U.S. export law.
 
According to court documents and statements made in court, from at least 2012 to December 2016, KHAN and others were engaged in a scheme to purchase goods that were controlled under the Export Administration Regulations (“EAR”) and export those goods without a license to Pakistan, in violation of the EAR. KHAN conducted business as Brush Locker Tools or as Kauser Enterprises-USA. When asked by U.S. manufacturers about the end-user for a product, KHAN either informed the manufacturer that the product would remain in the U.S., or he completed an end-user certification indicating that the product would not be exported.
 
After the products were purchased, they were shipped by the manufacturer to KHAN’s North Haven residence or Cerda Market in New Haven, a business owned by KHAN. The products were then shipped to Pakistan on behalf of either the Pakistan Atomic Energy Commission (“PAEC”), the Pakistan Space & Upper Atmosphere Research Commission (“SUPARCO”), or the National Institute of Lasers & Optronics (“NILOP”), all of which were listed on the U.S. Department of Commerce Entity List. KHAN never obtained a license to export any item to the designated entity even though he knew that a license was required prior to export.
 
KHAN pleaded guilty to one count of violating the International Emergency Economic Powers Act. In pleading guilty, KHAN specifically admitted that, between August 2012 and January 2013, he procured, received and exported to PAEC an Alpha Duo Spectrometer without a license to do so. …
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* * * * * * * * * * * * * * * * * * * *

NWSNEWS

(Source:
Defense News) [Excerpts.]
 
The Canadian government is sending a pointed message it is ready to use military equipment purchases as a wedge against U.S. protectionist actions.
 
The move could benefit European and other non-U.S. companies that hope to supply the Canadian military.
 
President Donald Trump has slapped a new tariff on Canadian lumber and has threatened similar action against its dairy products. Trump has also said he wants to renegotiate the NAFTA agreement between Mexico, Canada and the U.S.
 
In addition, the U.S. Commerce Department is currently investigating Boeing’s complaint that Canadian government subsidies allow Bombardier Aerospace of Montreal to sell its C Series commercial aircraft at below-market prices.
 
But U.S. firms are the largest suppliers of equipment to the Canadian Forces and Canadian government officials are now examining how to use that to deter some U.S. trade sanctions. …
 
But because of its trade complaint, Canada is now reviewing all dealings it has with the company for military products, Steven MacKinnon, parliamentary secretary to Public Services and Procurement Minister Judy Foote, said June 1. …
* * * * * * * * * * * * * * * * * * * *

 
Following are highlights of regulatory effective dates and deadlines and federal agency meetings coming up in the next week.
 
  – 5 Jun: deadline for comments on information collection on imported or returned tobacco products
  – 5 June: deadline for comments on CBP information collections on broker exams and licenses, import costs
  – 5 Jun: deadline for comments to ITA on softwood lumber subsidy programs
  – 5 Jun: deadline for comments to ITC on potential IPR investigation of bar code readers
* * * * * * * * * * * * * * * * * * * *

COMMCOMMENTARY

COMM_a210
. G. Kreijen: “Export Controls Enforcement by the Dutch Court | Part 1: The Case of the Logistics Provider”

 
* Author: Gerard Kreijen, Esq.,
Loyens & Loeff,
Gerard.Kreijen@loyensloeff.com, +31 20 578 53 95.
 
Unlike in the US, few European countries disclose detailed records of the enforcement of export control regulations. The Netherlands are no exception to this rule. For their guidance, economic operators basically will have to depend on the odd court case. Remarkably, a Dutch court recently rendered two separate judgments concerning export controls enforcement at the same date.
 
Both cases dealt with the transit of military goods; a setting that is hardly surprising given the importance of the Netherlands as a transportation hub. Both cases are exemplary and should serve as a stark reminder not only for airfreight forwarders and the logistics sector but for anyone involved in the trade of strategic goods. Our next contribution will deal with the second case, which concerns charges brought against an airline carrier.
In the first case, concerning a logistics provider (Rechtbank Noord-Holland, nr. 15/994176-17, 24 April 2017), checks by Dutch airport customs had revealed that the items that had been forwarded by the logistics provider (the defendant) were Unmanned Aircraft Systems (UAS or drones) from the US destined to Saudi Arabia. The drones were designed for military purposes and classified as an item on the Common (EU) Military List. For this item the logistics provider should have requested a transit license which given the circumstances would have been refused by the authorities.
 
The defendant was charged by the Public Prosecution with willfully transiting goods that were listed on the Military List without a license.
 
It appeared that in 2015 the defendant had been issued with an official warning by Team POSS (PrecursOrs, Strategic goods and Sanctions) for shipping without a license military goods from Malaysia to the Russian Federation via the Netherlands. At that time the management of the defendant had undertaken to require the respective Airway Bill and Invoice in addition to the usual ‘ok to forward’ in order to assess whether a shipment should be refused or a license requested.
 
The Court established that the goods classified as ML10(c) on the Military List. From the Airway Bill and the Invoice, it followed that the shipments concerned complete systems. This implied that an individual transit license was required. Furthermore, the Court found that since the defendant, as a logistics provider, qualified as the person with power of disposition (beschikkingsbevoegde) pursuant to the Dutch Strategic Goods Order (Besluit strategische goederen), it was under a duty to apply for and obtain the individual transit license for each shipment. The Court rejected the argument of the defendant that it did not know or had no reason to suspect that the shipments concerned military goods. The consignee (Saudi Arabia) and the description of the goods on the freight documents should have caused the defendant to investigate.
 
The Court also found that the defendant had acted willfully. It observed that the willfulness criterion is ‘blank’, meaning that the actual conduct, i.e. the forwarding of the goods as such, serves as the guiding principle for the willfulness test and not the unlawfulness of the act or omission. Thus the Court found proof of the fulfilment of the willfulness criterion in the mere fact that the defendant had executed the shipments. In this respect the Court also considered that the defendant in its capacity of professional freight forwarder knew that its acts are governed by export control regulations and that the defendant had failed to investigate whether a license was required despite its knowledge and the official warning received in 2015.
 
The Court imposed a penalty of 50,000 euros, stating that the transit of military goods without a license is a serious offense, in particular because this license (for transit to Saudi Arabia) would have been refused if it had been requested. In assessing the amount of the penalty the Court took the financial means of the defendant into account.
 
Please note:
 
Enforcement of export control regulations in the Netherlands does happen — not only in the US. In the Netherlands, willfully transiting military goods without a license is considered a serious offense. A party that is legally required to request a license but that nevertheless ships a military item without having obtained that license risks criminal conviction and a substantial penalty. In the event that the required license would not have been issued if it had been properly requested, any professional party that is not a first offender effectively faces strict liability. Companies involved in the trade of strategic goods should have in place adequate checks and procedures in order to prevent such a course of events.

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COMM_a311
. Gary Stanley’s ECR Tip of the Day

 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
gstanley@glstrade.com
 
Release of information by instruction in catalog courses and associated teaching laboratories of academic institutions is not subject to the EAR. On the other hand, corporate proprietary courses on the design and manufacture of high performance equipment is most likely subject to the EAR, because it would not qualify as “released by instruction in a catalog course or associated teaching laboratory of an academic institution” under EAR § 734.3(b)(3) because the proprietary business does not qualify as an “academic institution” within the meaning of § 734.3(b)(3). Conceivably, however, the instruction might qualify as “unlimited distribution at a conference, meeting, seminar, trade show, or exhibition, generally accessible to the interested public” under EAR § 734.7(a). The conditions that would have to be satisfied are that such a seminar or gathering qualify as “open,” including a fee reasonably related to costs (of the conference, not of producing the data), and that there is an intention that all interested and technically qualified persons be able to attend.

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TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a212
. Friday List of Approaching Events

(Sources: Event sponsors.) 
 
Published every Friday or last publication day of the week. Send events to
apbosch@fullcirclecompliance.eu
, composed in the below format:

* DATE: PLACE; “TITLE;” SPONSOR; WEBLINK; CONTACT (email and phone number)

#” New listing this week:   
 
Continuously Available Training:
* Executive Masters: “
International Trade Compliance
;” University of Liverpool;
exed@liverpool.ac.uk
;
+44 (0) 20 768 24614
* E-Seminars: “
US Export Controls” / “Defense Trade Controls
;” Export Compliance Training Institute;
danielle@learnexportcompliance.com 
* On-Line: “
Simplified Network Application Process Redesign (SNAP-R)
;” Commerce/BIS; 202-482-2227
* E-Seminars: “
Webinars On-Demand Library
;” Sandler, Travis & Rosenberg, P.A.
 
Training by Date:

* Jun 5-7: Boston MA; “
Basics of Government Contracting
;” Federal Publications Seminars


J
un 6: Eindhoven, the Netherlands; “
Training Export Control
;” evofenedex
* Jun 6: Webinar; “
Managing Supply Chain Risks
;” Volkov Law Group

* Jun 7: London UK; “
Control List Classification – Combined Dual Use and Military
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk


Jun 7 & 14: Webinar; “
EAR Technology Classifications: Learning By Doing
;” ECTI; 540-433-3977
# Jun 8: Webinar; ”
Complying with the International Traffic in Arms Regulations (ITAR);” Shipman & Goodwin LLP

* Jun 8-9: Seattle WA; ”
Complying with U.S. Export Controls;” Dept. of Commerce/Bureau of Industry and Security

* Jun 11-13: Dublin IRL; “ICPA Dublin Conference;”
International Compliance Professionals Association;
wizard@icpainc.org 

* Jun 12-14: Arlington VA; ”
8th Advanced Forum on DCAA & DCMA Cost, Pricing, Compliance & Audits;” American Conference Institute

* Jun 12-15: San Francisco; “
United States Export Control (EAR/OFAC/ITAR) Seminar
;” ECTI;
jessica@learnexportcompliance.com
; 540-433-3977

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

* Jun 13: Philadelphia PA; “AES Compliance Seminar;” Dept. of Commerce/Census Bureau; itmd.outreach@census.gov 

* Jun 13: Webinar; ”
Using Incoterms® Properly to Avoid Disputes;” Sandler, Travis & Rosenberg, P.A.;
webinarorganizers@strtrade.com 

* Jun 14: Frankfurt am Main, Germany; “BAFA / BIS Export Control and Compliance Update 2;” Bundesamt für Wirtschaft und Ausfuhrkontrolle  

* Jun 14: Kegsworth, Derby UK; “Intermediate Seminar;” UK/BIS Export Control Organisation; denise.carter@bis.gsi.gov.uk 

* Jun 15: Kegsworth, Derby UK; “
Beginners Workshop
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Jun 15: Kegsworth, Derby UK; “
Making Better License Applications
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 
* Jun 15: Kegsworth, Derby UK; “
Control List Classification – Combined Dual Use and Military
;” UK/BIS Export Control Organisation;
denise.carter@bis.gsi.gov.uk 

* Jun 20: The Hague; “
Trade Controls: Current Challenges and Critical Issues from a US and EU Perspective
;” Netherlands International Chamber of Commerce

* Jun 20: Webinar; ”
International Payment Options 101;” Sandler, Travis & Rosenberg, P.A.;
webinarorganizers@strtrade.com 

* Jun 21-22: Miami FL; “Miami Forum on Anti-Corruption;” American Conference Institute

* Jun 21: Brussels, Belgium; ”
Export Controls and Economic Sanctions: US & EU Update 2017
;” International Chamber of Commerce Belgium

* Jun 21: Webinar; ”
Trade Preferences: One Goal, Different Approaches;” Sandler, Travis & Rosenberg, P.A.;
webinarorganizers@strtrade.com

Jun 22: Sydney, Australia; “
ITAR, EAR and AU Export Controls Training
;” Defence Connect

*
Jun 26: London, UK; “
Smart Practice in Trade Security
;” Trade Security Journal

* Jun 27: Webinar; ”
Duty Drawback Reforms in the Trade Facilitation and Enforcement Bill;” Sandler, Travis & Rosenberg, P.A.;
webinarorganizers@strtrade.com 

* Jul 5: Cambridge UK; ”
Beginners Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Jul 5: Cambridge UK; ”
Licenses Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Jul 10-12; Baltimore MD; “
2017 Summer Back to Basics Conference
;” Society for International Affairs


* July 11-12: Seattle WA; “ITAR/EAR Boot Camp;” spalmer@exportcompliancesolutions.com; 866-238-4018 / 410-757-1919

* Jul 17-19: Hilton Head Island SC; “
Basics of Government Contracting
;” Federal Publications Seminars
# Jul 20: Webinar; ”
Destination Control Statements;” Shipman & Goodwin LLP

* Jul 26-27: Oklahoma City OK; ”
Complying with U.S. Export Controls;” Dept. of Commerce/Bureau of Industry and Security

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

# Jul 27: Webinar; ”
Site Visits, Enforcement Actions, and Voluntary Disclosures;” Shipman & Goodwin LLP
# Aug 1: Webinar; ”
Consideration for Exporting to China;” Shipman & Goodwin LLP

* Aug 14-16: McLean VA; “
Basics of Government Contracting
;” Federal Publications Seminars

# Aug 17: Webinar; ”
Export Controls in the Cloud;” Shipman & Goodwin LLP

* Sep 4-9: Galveston TX;ICPA Conference at Sea;”

International Compliance Professionals Association; wizard@icpainc.org

* Sep 4: Glasgow, UK; ”
Intermediate Seminar;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Sep 5: Glasgow, UK; ”
Beginners Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Sep 5: Glasgow, UK; ”
Licenses Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Sep 5: Glasgow, UK; ”
Control List Classification – Combined Dual Use and Military;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Sep 6: Nashville TN; ”
AES Compliance Seminar;” Dept. of Commerce/Census
Bureau;
itmd.outreach@census.gov 

* Sep 12-13: Annapolis MD; “ITAR/EAR Boot Camp;” spalmer@exportcompliancesolutions.com; 866-238-4018 / 410-757-1919

* Sep 12-13: Louisville KY; ”
Complying with U.S. Export Controls;” Dept. of Commerce/Bureau of Industry and Security

* Sep 12-13: Milpitas CA; ”
Complying with U.S. Export Controls;” Dept. of Commerce/Bureau of Industry and Security

* Sep 12-13: Wash DC; “Interactive Export Controls Workshop;” ECTI; jessica@learnexportcompliance.com; 540-433-3977

* Sep 14: Milpitas CA; “
Encryption Controls;”
Dept. of Commerce/Bureau of Industry and Security

* Sep 18-21: Austin TX; “ITAR Defense Trade Controls / EAR Export Controls Seminar; ECTI; jessica@learnexportcompliance.com; 540-433-3977 * Sep 18-20: Las Vegas NV; “Basics of Government Contracting;” Federal Publications Seminars

* Sep 20-22: Houston TX; ”
Advanced Topics in Customs Compliance Conference;” Deleon Trade LLC
* Sep 27: Oxford, UK; ”
Intermediate Seminar;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Sep 27-28: Rome, Italy; “Defence Exports 2017;” SMi

* Sep 28: Oxford, UK; ”
Beginners Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 
* Sep 28: Oxford, UK; ”
Licenses Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Oct 2-5: Columbus OH; “University Export Controls Seminar;” ECTI; jessica@learnexportcompliance.com; 540-433-3977

* Oct 12: Boston MA; “AES Compliance Seminar;” Dept. of Commerce/Census Bureau; itmd.outreach@census.gov 

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

* Oct 23-24: Arlington VA; “
2017 Fall Advanced Conference
;” Society for International Affairs

* Oct 30-Nov 2: Phoenix AZ; “
ITAR Defense Trade Controls / EAR Export Controls Seminar
;” ECTI;
jessica@learnexportcompliance.com
; 540-433-3977
* Nov 5-7: Singapore; ”
ICPA Singapore Conference;”
International Compliance Professionals Association;
wizard@icpainc.org 

* Nov 6-8: Chicago IL; “Basics of Government Contracting;” Federal Publications Seminars

* Nov 7: Norfolk, VA; “
AES Compliance Seminar
;
” Dept. of Commerce/Census
Bureau;
itmd.outreach@census.gov 

* Nov 9-10: Shanghai, China; ”
ICPA China Conference;”
International Compliance Professionals Association;
wizard@icpainc.org 

* Nov 13-16: Wash DC; “ITAR Defense Trade Controls / EAR Export Controls Seminar;” ECTI; jessica@learnexportcompliance.com; 540-433-3977

* Nov 15: Leeds, UK; ”
Intermediate Seminar;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Nov 16: Leeds, UK; ”
Beginners Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Nov 16: Leeds, UK; ”
Licenses Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Nov 16: Leeds, UK; ”
Control List Classification – Combined Dual Use and Military;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Nov 16: Nijkerk, the Netherlands; “Training Export Control;” evofenedex * Dec 4-7: Miami FL; “ITAR Defense Trade Controls / EAR Export Controls Seminar;” ECTI; jessica@learnexportcompliance.com; 540-433-3977 * Dec 5: San Juan PR; “AES Compliance Seminar in Spanish;” Dept. of Commerce/Census Bureau; itmd.outreach@census.gov

* Dec 6: Wood Ridge NJ; “
AES Compliance Seminar
;” Dept. of Commerce/Census Bureau;
itmd.outreach@census.gov 

* Dec 7: Laredo, TX; “AES Compliance Seminar in Spanish;” Dept. of Commerce/Census Bureau; itmd.outreach@census.gov 

* Dec 11-13: Sterling VA; “
Basics of Government Contracting
;” Federal Publications Seminars

* Mar 11-14: San Diego CA; ”
ICPA Annual Conference;”
International Compliance Professionals Association;
wizard@icpainc.org 
* * * * * * * * * * * * * * * * * * * * 

ENEDITOR’S NOTES

EN_a113
. Bartlett’s Unfamiliar Quotations

(Source: Editor)

* Thomas Hardy (2 Jun 1840 – 11 Jan 1928, was an English novelist and poet. Many of his novels concern tragic characters struggling against their passions and social circumstances. Two of his novels, Tess of the d’Urbervilles and Far from the Madding Crowd, were listed in the top 50 on the BBC’s survey, The Big Read.)
  – “Time changes everything except something within us which is always surprised by change.”
  – “Do not do an immoral thing for moral reasons.”
 
* Martha Washington (née Martha Dandridge; 2 Jun 1731- 22 May 1802, was the wife of George Washington, the first president of the United States.)
  – “I am determined to be cheerful and happy in whatever situation I may find myself. For I have learned that the greater part of our misery or unhappiness is determined not by our circumstance but by our disposition.”
 
Friday funnies:
 
A man was entering a freeway when he noticed a chicken running alongside his car. He was amazed to see the chicken keeping up with him, as he was doing 40 mph. He accelerated to 50, and the chicken stayed right next to him. As he sped up to 60 mph, and the chicken passed him. The man noticed that the chicken looked like it had four legs, so he followed the chicken down an exit, then on a side road to a farm. He got out of his car and saw that all the chickens had four legs. He asked the farmer, “What kind of chickens are these?” The farmer said, “Well, everybody likes chicken legs, so I bred a four-legged chicken.  I’m expecting to become a millionaire.” The man asked him how they tasted. The farmer said, “Don’t know, haven’t caught one yet!” 
  — Matthew Weaver, Salisbury, North Carolina

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EN_a214. 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 [New effective date: 21 March 2017.]; and 82 FR 8590: Delay of Effective Date for Toxic Substance Control Act Chemical Substance Import Certification Process Revisions
[New effective date: 21 March 2017.]

* 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: 26 May 2017: 82 FR 24242-24248: Addition of Certain Persons and Revisions to Entries 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: 26 Apr 2017: Harmonized System Update 1703, containing 2,512 ABI records and 395 harmonized tariff records.
  – HTS codes for AES are available

here
.
  – HTS codes that are not valid for AES are available
here.
 
*
INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR)
: 22 C.F.R. Ch. I, Subch. M, Pts. 120-130
  – Latest Amendment: 11 Jan 2017: 82 FR 3168-3170: 2017 Civil Monetary Penalties Inflationary Adjustment
  – The only available fully updated copy (latest edition 8 Mar 2017) of the ITAR with all amendments is contained in Bartlett’s Annotated ITAR (“BITAR”), by James E. Bartlett III.  The BITAR contains all ITAR amendments to date, plus a large Index, over 750 footnotes containing case annotations, practice tips, DDTC guidance, and explanations of errors in the official ITAR text.  Subscribers receive updated copies of the BITAR in Word by email, usually revised within 24 hours after every ITAR amendment.  The BITAR is available by annual subscription from the Full Circle Compliance website.  BAFTR subscribers receive a 25% discount on subscriptions to the BITAR, please contact us to receive your discount code.  

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EN_a315
. Weekly Highlights of the Daily Bugle Top Stories

(Source: Editor)
 

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

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EPEDITORIAL POLICY

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., edited by James E. Bartlett III and Alexander Bosch, and emailed every business day to approximately 8,000 readers of changes to defense and high-tech trade laws and regulations. We check the following sources daily: Federal Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP, DOJ/ATF, DoD/DSS, DoD/DTSA, State/DDTC, Treasury/OFAC, White House, and similar websites of Australia, Canada, U.K., and other countries and international organizations.  Due to space limitations, we do not post Arms Sales notifications, Denied Party listings, or Customs AD/CVD items.

* RIGHTS & RESTRICTIONS: This email contains no proprietary, classified, or export-controlled information. All items are obtained from public sources or are published with permission of private contributors, and may be freely circulated without further permission. Any further use of contributors’ material, however, must comply with applicable copyright laws.

* CAVEAT: The contents cannot be relied upon as legal or expert advice.  Consult your own legal counsel or compliance specialists before taking actions based upon news items or opinions from this or other unofficial sources.  If any U.S. federal tax issue is discussed in this communication, it was not intended or written by the author or sender for tax or legal advice, and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or tax-related matter.

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