;

17-0818 Friday “The Daily Bugle”

17-0818 Friday “Daily Bugle”

Friday, 18 August 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.

[No items of interest noted today.]

  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS
  3. DHS/CBP Releases Updated ACE AESTIR Appendix C
  4. State/DDTC: (No new postings.)
  5. Treasury/OFAC Reaches Settlement Agreement With Blue Sky Blue Sea, Inc. Doing Business as American Export Lines and International Shipping Company (USA)
  1. Expeditors News: “WCO Releases 2017 AEO Compendium”
  2. The Loadstar: “Forwarders Urge U.S. Lawmakers to ‘Get Real’ on Cargo Security”
  3. ST&R Trade Report: “Dates and Deadlines: Russia Sanctions, COAC, AEO, AGOA, Trade Policy, CBP Forms”
  4. ST&R Trade Report: “Steel Import Review Delayed but Restrictions Still Possible”
  1. D.M. Edelman: “OFAC Fines American Honda for Foreign Subsidiary’s Business with Cuba”
  2. R. Mahtani, S. Joshi & D. Bora: “Indian Export Control Regime Revamped; Overhaul of SCOMET List”
  3. 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 (28 Jul 2017), DOD/NISPOM (18 May 2016), EAR (15 Aug 2017), FACR/OFAC (16 Jun 2017), FTR (19 Apr 2017), HTSUS (25 Jul 2017), ITAR (11 Jan 2017)
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

[No items of interest noted today.]

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

OGSOTHER GOVERNMENT SOURCES

OGS_a11
. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
 

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

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

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OGS_a3
3.

DHS/CBP Releases Updated ACE AESTIR Appendix C

(Source: CSMS# 17-000499, 17 Aug 2017.)
 
U.S. Customs and Border Protection (CBP) has updated the Automated Export System Trade Interface Requirements (AESTIR) Appendix C – ISO Country Codes document posted on CBP.gov. The following countries were removed from Appendix C:
 
  – American Samoa
  – Wake Island
  – Midway Island
  – Northern Mariana Islands
 

To access the updated appendix, please visit the “AESTIR Introduction and Guidelines” page of CBP.gov/ACE, and click on the “AESTIR” Appendices hyperlink. You may also go
here
.  

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EXIM_a5
5.

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today announced a $518,063 settlement with Blue Sky Blue Sea, Inc., doing business as American Export Lines and International Shipping Company (USA) (collectively referred to as “AEL”) of Los Angeles, California, to settle AEL’s potential civil liability for 140 apparent violations of the Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560 (ITSR).  Between on or about April 25, 2010 and on or about June 2, 2012, AEL appears to have violated § 560.204 of the ITSR by transshipping used and junked cars and parts from the United States via Iran to Afghanistan on 140 occasions.  OFAC determined that AEL did not voluntarily self-disclose the apparent violations, and that the apparent violations constitute a non-egregious case.
 
OFAC’s web notice is included below.

 
ENFORCEMENT INFORMATION FOR AUGUST 17, 2017
 
Information concerning the civil penalties process can be found in the Office of Foreign Assets Control (OFAC) regulations governing each sanctions program; the Reporting, Procedures, and Penalties Regulations, 31 C.F.R Part 501; and the Economic Sanctions Enforcement Guidelines, 31 C.F.R. Part 501, app. A. These references, as well as recent final civil penalties and enforcement information, can be found on OFAC’s website.
 
ENTITIES – 31 CFR 501.805(d)(1)(i)
 
American Export Lines Settles Potential Civil Liability for Apparent Violations of the Iranian Transactions and Sanctions Regulations: Blue Sky Blue Sea, Inc., doing business as American Export Lines and International Shipping Company (USA) (collectively referred to hereafter as “AEL”), of Los Angeles, California, has agreed to pay $518,063 to settle potential civil liability for 140 apparent violations of the Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560 (ITSR). [FN/1]
 
Specifically, from on or about April 25, 2010 to on or about June 2, 2012, AEL appears to have violated § 560.204 of the ITSR by transshipping used and junked cars and parts from the United States via Iran to Afghanistan on 140 occasions.
 
OFAC determined that AEL did not voluntarily self-disclose the apparent violations to OFAC, and that the apparent violations constitute a non-egregious case. The maximum statutory civil monetary penalty amount for the apparent violations was $35,000,000, and the base civil monetary penalty amount was $1,535,000.
 
This civil monetary penalty amount reflects OFAC’s consideration of the following facts and circumstances, pursuant to the General Factors under OFAC’s Economic Sanctions Enforcement Guidelines, 31 C.F.R. Part 501, app. A.
 
OFAC found the following to be aggravating factors:
 
  (1) AEL demonstrated a reckless disregard for U.S. sanctions requirements by failing to exercise a minimal degree of caution or care in transshipping goods through Iran;
  (2) AEL’s President and co-owner knew and approved of the transshipments via Iran;
  (3) AEL provided an economic benefit to Iran through its pattern of conduct and the volume of transactions in which it engaged; and
  (4) AEL is a sophisticated international full-service freight forwarder with experience with U.S. export laws and OFAC regulations, particularly the ITSR.
 
OFAC found the following to be mitigating factors:
 
  (1) the goods were transshipped through Iran and do not appear to have had an end use in Iran;
  (2) AEL has no prior OFAC sanctions history and has not received a Penalty Notice or Finding of Violation in the five years preceding the earliest date of transactions giving rise to the apparent violations, making it eligible for “first violation” mitigation of up to 25 percent;
  (3) AEL is a small business, and the apparent violations at issue constituted less than one percent of its total shipments during the time period in which the apparent violations occurred;
  (4) AEL had an OFAC compliance program in place at the time of the violations, although it was silent on transshipments via Iran;
  (5) AEL took remedial steps, including ceasing transshipments via Iran before the inception of OFAC’s investigation and amending its compliance policy to address the conduct at issue; and
  (6) AEL cooperated with OFAC’s investigation, including by agreeing to toll the statute of limitations for a total of 804 days.
 
For more information regarding OFAC regulations, please go here.
 
———
  [FN/1] On October 22, 2012, OFAC changed the heading of 31 C.F.R. Part 560 from the Iranian Transactions Regulations to the ITSR, amended the renamed ITSR, and reissued them in their entirety. See 77 Fed. Reg. 64,664 (Oct. 22, 2012). For the sake of clarity, all references herein to the ITSR shall mean the regulations in 31 C.F.R. Part 560 in effect at the time of the activity, regardless of whether such activity occurred before or after the regulations were renamed. 

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NWSNEWS

NWS_1
6.

Expeditors News: “WCO Releases 2017 AEO Compendium”

 
The World Customs Organization (WCO) recently released the 2017 Edition of the WCO Compendium of Authorized Economic Operator (AEO) Programs, based on data available as of April 2017. The AEO Compendium provides insight into the types of Supply Chain Security and Customs Compliance programs that are currently available and those in development globally.
 
The 2017 Edition of the AEO Compendium identifies:
 
  – 73 operational AEO programs and 17 AEOs that are to be launched
  – 44 + 3 (China Taipei) Mutual Recognition Agreements (MRAs)   and 42 + 4 MRAs being negotiated
  – 29 Operational Customs Compliance programs and 3 Customs
Compliance programs to be launched
 
In addition, the Compendium also includes a short overview of respective AEO program accreditation procedures and benefits.
 
The Compendium can be accessed here

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NWS_a2
7.

The Loadstar: “Forwarders Urge U.S. Lawmakers to ‘Get Real’ on Cargo Security”

(Source:
The Loadstar, 15 Aug 2017.) [Excerpts.]
 
Forwarders are urging US lawmakers to update cargo security legislation to bring key elements of the current regime in line with commercial realities.
 
However, vital aspects appear stuck in Washington at the moment, while Congress is mulling an update of another element, the Customs – Trade Partnership Against Terrorism (C-TPAT).
 
Recent days have brought some progress for the industry on the cargo security front. A joint petition from the US Airforwarders Association (AfA) and the National Customs Brokers and Forwarders Association asking the Transportation Security Agency (TSA) to reconsider proposed changes in training has prompted the agency to promise that it will shortly release new training materials, the industry bodies jubilantly told their members.
 
Meanwhile, a group of members of Congress has tabled proposed legislation that seeks to re-authorise the C-TPAT programme.
 
The politicians want to update C-TPAT “to reflect our modern global economy” in order for participants to benefit from shorter wait times and fewer inspections at ports of entry. They pointed out that this would be the first update since the introduction of the regime 11 years ago. … 

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NWS_a3
8.

ST&R Trade Report: “Dates and Deadlines: Russia Sanctions, COAC, AEO, AGOA, Trade Policy, CBP Forms”

 
Following are highlights of regulatory effective dates and deadlines and federal agency meetings coming up in the next week.
 
21 Aug:
  – deadline for comments to USDA on proposal to allow imports of bellflowers from Denmark
  – deadline for comments to USDA on proposal to allow imports of tomatoes from Ecuador, pomegranates from Turkey
  – deadline for comments to CBP on entry summary, ACH application, other information collections
  – deadline for comments to FTZ Board on production authority request for cosmetics facility
 
22 Aug:
 
23 Aug:
 
24 Aug:  
  – deadline for comments to ITC on potential IPR infringement probes of periodontal lasers, wireless audio systems
 
25 Aug:
  – deadline for applications for membership in U.S.-Brazil CEO Forum

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NWS_a4
9.

ST&R Trade Report: “Steel Import Review Delayed but Restrictions Still Possible”

 
A Trump administration review of steel has been pushed back but is still underway and could yet lead to broad import restrictions, according to press sources.
 
In April the Department of Commerce self-initiated an investigation under section 232 of the Trade Expansion Act of 1962 to determine whether imports of foreign-made steel are harming U.S. national security. If the DOC’s determination is affirmative, and the president concurs, the president has the authority to adjust imports, including through the use of tariffs and quotas. The law gives the DOC up to 270 days (until mid-January 2018) to conclude this investigation but President Trump had directed the DOC to submit its report and recommendations by the end of June.
 
Press reports suggest that the DOC had largely finished its work by that deadline but that an announcement appears to no longer be imminent. Trump said recently that a decision would wait until other priorities such as healthcare, tax reform, and possibly infrastructure improvements are “finished up,” which could be months if not longer. The delay has been attributed to disagreements within the administration on what, if any, measures to impose, particularly given opposition by downstream U.S. industries and concerns that national security-based import restrictions could spark retaliation by U.S. trading partners.
 
A Reuters article quoted an unnamed administration official as saying that the steel investigation is “still under the final stages of review.” The article cited other knowledgeable observers as speculating that the president will ultimately impose some type of restrictions, possibly by the end of the year.

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COMMCOMMENTARY

COMM_a210
.

D.M. Edelman: “OFAC Fines American Honda for Foreign Subsidiary’s Business with Cuba”

      
* Author: Doreen M. Edelman, Esq., Baker Donelson LLP, 202-508-3460, dedelman@bakerdonelson.com
.
 
American Honda Finance Corporation (American Honda) has settled with the Office of Foreign Assets Control (OFAC) over potential civil liability for 13 violations of the Cuban Assets Control Regulations (CACR), which that allegedly occurred between 2011 and 2014. What’s notable is that the matter involved the Canadian affiliate of the global company that was acting entirely independently and outside of the U.S.
 
Honda Canada Finance, Inc. (Honda Canada), a majority owned subsidiary of American Honda meaning that, under U.S. law, Honda Canada is generally prohibited from doing business with Cuban parties just as if it were a U.S. company.  This is vastly different from the local laws applying to Canadian owned companies, under which there would typically be no prohibition on conducting business in Cuba or with a Cuban party. In fact, under the Canadian Foreign Extraterritorial Measures Act, a Canadian company like Honda Canada is prohibited from complying with a U.S. embargo of Cuba. Therefore, while Honda Canada was complying with the laws of its home country over  U.S. law,  OFAC still used its extraterritorial jurisdiction to go after the company.
 
In order to avoid this problem, companies should periodically review their compliance programs. U.S companies with foreign subsidiaries in countries with statutes blocking compliance with the American Cuba embargo might consider applying for a license and basing the request on the blocking statute. For example, if American Honda were to have applied for such a license, the application itself would not have violated the Canadian Foreign Extraterritorial Measures Act, which only covers “persons in Canada” from complying with the U.S. embargo on Cuba, and thus the corporate family may have been protected from violations on both sides of the boarder.

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COMM_JEB11
.

R. Mahtani, S. Joshi & D. Bora: “Indian Export Control Regime Revamped; Overhaul of SCOMET List”

 
* Authors: Ranjeet Mahtani, Esq., RanjeetMahtani@elp-in.com; Suhasini Joshi, Esq., AakankshaJoshi@elp-in.com; and Darshan Bora, Esq. All of Economic Laws Practice (ELP).
 
India seeks to align with Wassenaar Arrangement and the Australia Group by making changes in the SCOMET list.
 
Globally, export control regimes are designed to control the export of dual-use goods and technologies which can be used in both – civilian as well as military applications. Among other things, export control regulations involve subjecting exports of specified items to prior authorization / licensing. The objective is to prevent illegitimate trade in such dual-use items and control the export of products to countries that are considered as a national threat.
 
Recent Overhaul of Indian SCOMET List
 
The Indian Export Control regulations have been significantly overhauled by the Directorate General of Foreign Trade (DGFT) with effect from May 1, 2017. The amendments seek to revise the Special Chemical, Organisms, Materials, Equipment and Technologies category (SCOMET) list relating to dual-use goods and technologies.
 
These changes have been brought about as part of India’s continuing obligations as a member of the Missile Technology Control Regime and as an adherent to the Nuclear Suppliers Group Guidelines. It also seeks to align with the guidelines and control lists of the Wassenaar Arrangement and the Australia Group, two multilateral export control regimes that India wishes to join. The amendments have been introduced vide Notification No. 5/2015-2020 dated 24.04.2017, and are already in force w.e.f. 1st May, 2017.
 
The amendments could potentially have a far reaching impact on Indian exporters of goods/technology (including R&D) which is covered under the SCOMET.
 
Key Changes
 
A new Category 8 has been introduced under the SCOMET for “Special Materials and Related Equipment, Material Processing, Electronics, Computers, Telecommunications, Information Security, Sensors, and Lasers, Navigation and Avionics, Marine, Aerospace and Propulsion”. Some of the significant items covered under Category 8 include items employing cryptographic information security and related “technology”, which is very widely defined.
 
The SCOMET Category 6 which was earlier ‘Reserved’ has been populated with a ‘Munitions List’. The Munitions List completely replaces the earlier Military Stores List. Amendments have been made in Category 1C / 1D which relate to the export of chemicals and Category 2 which relates to micro-organisms has been widened and numerous entries have been incorporated therein.
 
Regulation of export of non- SCOMET items having a potential risk of use in or diversion Weapons of Mass Destruction/ missile/ military end use has been provided for.
 
A ‘Commodity Identification Note’ has been introduced in the SCOMET List to aid Companies in arriving at a proper classification and identification of the licensing jurisdiction procedures of their goods.
 
New ‘General Technology Note’ and ‘General Software Note’ introduced
 
The General Technology Note seeks to bring clarity on which technology is covered under the SCOMET list. It provides that Technology which is “required” for development, production or use of the specified items covered under Category 8 will also be treated as controlled. Such technology will remain controlled even if it is made applicable to uncontrolled items, barring certain exclusions. General Software Note provides clarity on exclusion of software which is available in public domain.
 
Procedural Changes for Trade Facilitation
 
The time period for processing SCOMET applications has been reduced from 45 days to 30 days. Every SCOMET authorization holder is required to retain specified records in manual or electronic form for a period of five years from the date of import or export as the case may be. A modified format for end use cum end user certificate required for obtaining export license for SCOMET items has also been specified.
 
Impact on Industry
 
Despite the DFGT publicising these changes and holding periodic workshops for the industry, exporters appear to have very little information or knowledge about these changes and their impact.  Exporters are facing challenges of determining the extent of coverage of their goods and related technology / software under the newly introduced categories.  The encryption related criteria, complex technical language and exclusions are resulting in ambiguity in certain cases. For MNCs, the challenge is to align their approach with that of the group subsidiaries and associate companies located abroad.
 
Given the wide coverage of some of SCOMET categories, there is a need for exporters to undertake steps to map all exports made, especially activities which constitute exports of technology / software, analyse the coverage of exported items under the SCOMET list and ensure compliance with the Export Control regulations.
 
The 30-day license processing period means that adequate planning will be required for analysing in advance as to whether items are covered under the SCOMET list and making timely applications for export licenses or seeking clarifications.
 
There may also exist scope for making suitable suggestions to the DGFT for rationalization of the regime and ensure that ease of doing business is not impacted.
 
Exporters should not shy away from compliance with the export control regime. Although there are stringent penalty and imprisonment related consequences for non-compliance but wide-compliance will result in India being globally acknowledged as an export control compliant nation. Ultimately, Indian exports will get a competitive edge due to compliance with export control regulations.

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COMM_a3
12. Gary Stanley’s ECR Tip of the Day

(Source: Defense and Export-Import Update; available by subscription from
 gstanley@glstrade.com
)
 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
gstanley@glstrade.com
.
 
It is possible for a defense article to be described in multiple entries on the U.S. Munitions List (USML). the Order of Review process in ITAR § 121.1(b)(1) allows for more than one category on the USML to apply to a defense article, and as such, you should review all potentially relevant USML entries. As a general rule, in cases where an item is described in multiple entries, an enumerated entry takes precedence over an entry controlling the item by virtue of a specially designed catch-all. The exception to this rule is where a SME entry is involved. In all situations, a SME entry will take precedence over a non-SME entry. Thus, a classified guidance system for a missile should be listed under Category IV(h)(30), which is SME, and not IV(h)(1).

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TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a213
. Friday List of Approaching Events

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

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

#” New listing this week:   
 
Continuously Available Training:
 
* 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:

 

* Aug 22: Webinar; ”
New Sanctions on Russia, Iran, and North Korea: What Every Compliance Practitioner Needs to Know;” Sandler, Travis, & Rosenberg, P.A.


* Aug 24: Webinar; ”
Understanding Brazil’s AEO Program;”


Sandler, Travis & Rosenberg, P.A.; webinarorganizers@strtrade.com

* 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;

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

* Sep 7: Marina Del Ray CA: ”
Strategizing for Dealing with the Government Under the New Administration;” Crowell and Moring

* Sep 7: Webinar; ”
Understanding Mexico’s AEO Program;”


Sandler, Travis & Rosenberg, P.A.; webinarorganizers@strtrade.com

* Sep 12: Webinar; “Meeting CBP’s Informed Compliance and Reasonable Care Standards;” Sandler, Travis & Rosenberg, P.A.;  webinarorganizers@strtrade.com


* 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 13: Webinar; ”
Definition of ‘Firearm’ Under the Gun Control Act;” Reeves & Dola LLP; Teresa Ficaretta;
tficaretta@reevesdola.com; 202-715-9183

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

* Sep 18-19: Huntsville, AL; ”
NAITA Export Control Update;” North American International Trade Association

* 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 19: Amsterdam, Netherlands; ”
Amsterdam International Trade and Compliance Conference;” Register
here, OR contact
Sue Menon, 202-887-4375; Akin Gump


* Sep 21: 
Webinar; “
US Export Administration Regulations
;
” Foreign Trade Association 

* Sep 20-22: Houston, TX; ”
Advanced Topics in Customs Compliance Conference;” Deleon Trade LLC
* Sep 25: Wash DC; ”
1st Advanced Forum on Customs and Trade Enforcement, Washington, DC;” American Conference Institute

* Sep 26: Cupertino, CA; ”
11th CompTIA Global Trade Compliance Best Practices Conference;” CompTIA; OR contact
Ken Montgomery, 202-682-4433
* Sep 27: Tysons Corner, VA; ”
IT Capabilities and Solutions for the Trade Compliance Community;” Society for International Affairs (“SIA”)
* 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 4: Webinar; ”
Exports – New Incentives, Old Rules;” 
Sandler, Travis & Rosenberg, P.A.;
webinarorganizers@strtrade.com 
* Oct 4: Toronto, Canada; ”
2nd National Institute on US-Canadian Securities Litigation;” American Bar Association

* Oct 4-5:  Miramar (Miami/Fort Lauderdale), FL; ”
9th Maritime Logistics Training Course
“; Contact ABS Consulting, phone:
 
(954) 218-5285


* Oct 5-6: London, UK; ”
The World ECR Forum 2017;” World ECR 


* Oct 10: Aberdeen, UK; ”
UK Strategic Export Controls: Control List Classification – Combined Dual Use and Military;” Code Coct2017; or contact
Denise Carter at 020-7215-4459; 
UK Department for International Trade
* Oct 10: Aberdeen, UK; “UK Strategic Export Controls: Licenses Workshop;” Code Loct2017; or contact Denise Carter at 020-7215-4459; UK Department for International Trade;
*
 Oct 10: Rotterdam, the Netherlands; “
Awareness Training Export Control, Dual-Use, and Sanctions
” day I/3 [in Dutch]; Fenex 

* Oct 10-12: Dallas, TX; “
‘Partnering for Compliance™’ West Export/Import Control Training and Education Program
;” Partnering for Compliance
 
* Oct 11: Aberdeen, UK; “UK Strategic Export Controls: Intermediate Oil and Gas Seminar;” Code loct2017-2; or contact Denise Carter at 020-7215-4459; UK Department for International Trade;

* Oct 11: Webinar; ”
Basics of Importation Under the Gun Control Act;” Reeves & Dola LLP; Teresa Ficaretta;
tficaretta@reevesdola.com; 202-715-9183

* Oct 12-13: Boston, MA; “Automated Export System Compliance Seminar and Workshop;” Commerce/Census, Commerce/BIS, DHS/CBP, State/DDTC, Treasury 

* Oct 13: Dallas, TX; “
Customs/Import Boot Camp
;” Partnering for Compliance

* Oct 16: Toronto; ”
3rd Canadian Forum on Economic Sanctions Compliance and Enforcement, Toronto;” American Conference Institute and Canadian Institute

* 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 24: Rotterdam, the Netherlands; “
Awareness Training Export Control, Dual-Use, and Sanctions
” day 2/3 [in Dutch]; Fenex 

* Oct 30-Nov 2: Phoenix, AZ; “
ITAR Defense Trade Controls / EAR Export Controls Seminar
;” ECTI;
jessica@learnexportcompliance.com
; 540-433-3977
* Oct 31: Manchester, UK; “UK Strategic Export Controls: Intermediate Seminar;” Code loct2017; or contact Denise Carter at 020-7215-4459; UK Department for International Trade;
* Nov 1: Manchester, UK; “UK Strategic Export Controls: Beginner’s Workshop;” Code Bnov2017-1; or contact Denise Carter at 020-7215-4459; UK Department for International Trade; 
* Nov 1: Manchester, UK; “UK Strategic Export Controls: Licenses Workshop;” Code Lnov2017-1; or contact Denise Carter at 020-7215-4459; UK Department for International Trade; 
* Nov 1: Manchester, UK; “UK Strategic Export Controls: Control List Classification – Combined Dual Use and Military;” Code Cnov2017-1; or contact Denise Carter at 020-7215-4459; UK Department for International Trade; 
* Nov 2-3: Las Vegas, NV; “The 22nd National M&A Institute;” American Bar Association
* Nov 5-7: Singapore; ”
ICPA Singapore Conference;”
International Compliance Professionals Association;
wizard@icpainc.org
*
 Nov 6: Rotterdam, the Netherlands; “
Awareness Training Export Control, Dual-Use, and Sanctions
” day 3/3 [in Dutch]; Fenex 

* 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 8: Webinar; “Introduction to the National Firearms Act;” Reeves & Dola LLP; Teresa Ficaretta; tficaretta@reevesdola.com; 202-715-9183

* 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” [in Dutch]; Fenedex

* Nov 29: Wash DC; ”
4th U.S. Customs Compliance Boot Camp, Washington, DC;” American Conference Institute

* Dec 4: NYC; ”
8th Annual New York Forum on Economic Sanctions, New York“, American Conference Institute

 * Dec 4-7: Miami FL; “ITAR Defense Trade Controls / EAR Export Controls Seminar;” ECTI; jessica@learnexportcompliance.com; 540-433-3977

* Dec 5: Brussels, Belgium; ”
Dual Use For Beginners
” [In Dutch]; Flemish Department of Foreign Affairs

* Dec 5: San Juan, PR; “AES Compliance Seminar in Spanish;” Dept. of Commerce/Census Bureau; itmd.outreach@census.gov

* Dec 6: Webinar; ”
Introduction to Firearms and Ammunition Excise Tax (FAET);” Reeves & Dola LLP; Teresa Ficaretta;
tficaretta@reevesdola.com; 202-715-9183

* 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
                                                2018
 

* Jan 22-25: San Diego CA; “
ITAR Defense Trade Controls / EAR Export Controls Seminar
;” ECTI; 
jessica@learnexportcompliance.com
; 540-433-3977

* Feb 19-22: Huntsville AL; “
ITAR Defense Trade Controls / EAR Export Controls Seminar
;” ECTI; 
jessica@learnexportcompliance.com
; 540-433-3977 * Mar 11-14: San Diego, CA; ”
ICPA Annual Conference;”
International Compliance Professionals Association;
wizard@icpainc.org

* Apr 16-19: Las Vegas NV; “
ITAR Defense Trade Controls / EAR Export Controls Seminar
;” ECTI; 
jessica@learnexportcompliance.com
; 540-433-3977
* Apr 30-May 3: Wash DC; “
ITAR Defense Trade Controls / EAR Export Controls Seminar
;” ECTI; 
jessica@learnexportcompliance.com
; 540-433-3977

* Jun 4-7:
San Diego, CA; “
 
ITAR Defense Trade Controls / EAR Export Controls Seminar;” 
jessica@learnexportcompliance.com
; 540-433-3977

 

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ENEDITOR’S NOTES

EN_a114
. Bartlett’s Unfamiliar Quotations

(Source: Editor)

* Lord John Russell (John Russell, 1st Earl Russell; 18 Aug 1792 – 28 May 1878; was a leading Whig and Liberal politician who served as Prime Minister on two occasions during the mid-19th century.)
– “A proverb is the wisdom of many and the wit of one.”
 
Friday Funnies:
 
For years, the border guard watched as an old man pushed a wheelbarrow full of manure across the border. Every time, they searched the manure, as manure was duty-free, but they were certain that he was smuggling something. Eventually, the guard was due to retire. On his last day, he said to the man, “I’m retiring, and I know that you’ve been smuggling something all this time, but what?  I won’t tell anyone.” The man replied, “wheelbarrows.” 
  – Carl Pentz, Reading, Pennsylvania

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EN_a215. 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: 28 Jul 2017: 82 FR 35064-35065: Technical Corrections to U.S. Customs and Border Protection Regulations
 
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 cancelled Supp. 1 to the NISPOM (Summary 
here
.)


EXPORT ADMINISTRATION REGULATIONS (EAR): 15 CFR Subtit. B, Ch. VII, Pts. 730-774 
  – Last Amendment: 15 Aug 2017: 
82 FR 38764-38819: Wassenaar Arrangement 2016 Plenary Agreements Implementation
 

  

FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders
 
 – Last Amendment: 16 Jun 2017: 82 FR 27613-27614: Removal of Burmese Sanctions Regulations 
 

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 (18 Jul 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: 25 Jul 2017: 
Harmonized System Update 1704, containing 
2,564 ABI records and 463 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.
  – Last Amendment: 11 Jan 2017: 82 FR 3168-3170: 2017 Civil Monetary Penalties Inflationary Adjustment
  – The only available fully updated copy (latest edition: 10 Jun 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 800 footnotes containing amendment histories, 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.

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

EN_a316
. 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.

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

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

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

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

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

* TO UNSUBSCRIBE: Use the Safe Unsubscribe link below.

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