;

17-0925 Monday “Daily Bugle”

17-0925 Monday “Daily Bugle”

Monday, 25 September 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 
here for free subscription.  Contact us
for advertising inquiries and rates.

  1. Commerce/BIS Amends EAR, Removes 3 Entities Under 4 Entries from the Entity List
  2. Commerce/ITA Announces Supply Chain Competitiveness Advisory Committee Meeting on 18-19 Oct in Wash DC
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. DHS/CBP Provides Hurricane Maria Diversion Guidance
  4. DoD/DSCA Publishes DSCA Policy Memos 17-41 and 17-42, 24-30 Sep
  5. State/DDTC: (No new postings.)
  6. Canada Imposes Sanctions on Maduro Regime in Venezuela
  1. Board Agenda: “Germany: Compliance Management System Can Reduce Fines, Court Rules”
  2. The Conversation: “Big Gas Shortage Looming, but Government Stays Hand on Export Controls”
  3. Reuters: “Canada to Impose Sanctions on Venezuela’s Maduro and Top Officials”
  4. ST&R Trade Report: “Cargo Inspection Pilot Expanded to Otay Mesa Facility”
  5. ST&R Trade Report: “Foreign Companies Could be Affected by New North Korea Sanctions”
  1. Calibre: “Trump Preparing to Roll Back ITAR Arms Export Restrictions”
  2. C.T. Cherniak: “Canada Has Imposed Economic Sanctions and Asset Freezes on the Venezuelan Maduro Regime”
  3. J. Rogin: “New Trump Rules Could Put American Guns in the Hands of Dictators, Terrorists and Gangs”
  4. L.S. Test & H.N. Zarkar: “U.S. Government Imposes Additional Sanctions on North Korea”
  5. R.C. Burns: “Export Control Reform Arrives (Soon?) For Small Arms”
  1. Monday List of Ex/Im Job Openings: 18 New Jobs Posted This Week
  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 (25 Sep 2017), FACR/OFAC (16 Jun 2017), FTR (19 Apr 2017), HTSUS (25 Jul 2017), ITAR (30 Aug 2017) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1. Commerce/BIS Amends EAR, Removes 3 Entities Under 4 Entries from the Entity List

(Source: Federal Register) [Excerpts.]
 
82 FR 44514-44517: Removal of Certain Entities From the Entity List; and Revisions of Entries on the Entity List
 
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Final rule.
* SUMMARY: This rule amends the Export Administration Regulations (EAR) by removing three entities under four entries from the Entity List. This rule removes one entity listed under the destination of Australia, one entity listed under the destination of China, and one entity listed under the destinations of Iran and the United Arab Emirates from the Entity List. The one additional entry is being removed to account for one entity listed under more than one destination on the Entity List. All three of the removals are the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entity and a review of information provided in the removal requests in accordance with the procedure for requesting removal or modification of an Entity List entity. Finally, this final rule modifies five existing entries on the Entity List consisting of five entries under Pakistan to provide additional or modified addresses and/or names for these persons.
* DATES: This rule is effective September 25, 2017. …
* SUPPLEMENTARY INFORMATION: … The Entity List (Supplement No. 4 to part 744) identifies entities and other persons reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. The EAR imposes additional license requirements on, and limits the availability of most license exceptions for, exports, reexports, and transfers (in-country) to those listed. The “license review policy” for each listed entity or other person is identified in the License Review Policy column on the Entity List and the impact on the availability of license exceptions is described in the Federal Register document adding entities or other persons to the Entity List. BIS places entities and other persons on the Entity List pursuant to sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR.
  The End-User Review Committee (ERC), composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and all decisions to remove or modify an entry by unanimous vote.
 
ERC Entity List Decisions
 
Removals from the Entity List
 
  This rule implements a decision of the ERC to remove the following three entities under four entries from the Entity List on the basis of removal requests received by BIS, as follows: Vortex Electronics, located in Australia; China National Commercial New Tone Trading Company Ltd., located in China; and FIMCO FZE, located in Iran and the United Arab Emirates (U.A.E.) (which accounts for two of the entries this final rule removes). The entry for Vortex Electronics was added to the Entity List on September 18, 2014 (see 79 FR 56003). The entry for China National Commercial New Tone Trading Company Ltd was added to the Entity List on July 28, 2015 (see 80 FR 44849). The two entries for FIMCO FZE were added to the Entity List on August 1, 2014 (see 79 FR 44683).
  The ERC decided to remove these three entities under four entries based on information received by BIS pursuant to §
744.16 of the EAR and further review conducted by the ERC.
  This final rule implements the decision to remove the following one entity located in Australia, one entity located in China, and one entity located in Iran and the U.A.E. from the Entity List:
 
Australia
 
  (1) Vortex Electronics, 125 Walker Street, Quakers Hill, NSW 2763, Australia.
 
China
 
  (1) China National Commercial New Tone Trading Company Ltd, Room 616, 2nd Building, No. 45 Fuxingmennei St, Beijing, China, 100801; and No. 45 Fuxing Mennei Avenue, Xicheng District, Beijing, China, 100801.
 
Iran
 
  (1) FIMCO FZE, No. 3, Rahim Salehi Alley, Akbari St., Roomi Bridge, Dr. Shariati Ave., P.O. Box 3379, Tehran, Iran 3379/19395 (See alternate address under U.A.E.).
 
United Arab Emirates
 
  (1) FIMCO FZE, LOB 16, F16401, P.O. Box 61342, JAFZ, U.A.E. (See alternate addresses under Iran).
  The removal of the entities referenced above, which was approved by the ERC, eliminates the existing license requirements in Supplement No. 4 to part 744 for exports, reexports and transfers (in-country) to these entities. However, the removal of these entities from the Entity List does not relieve persons of other obligations under part 744 of the EAR or under other parts of the EAR. Neither the removal of an entity from the Entity List nor the removal of Entity List-based license requirements relieves persons of their obligations under General Prohibition 5 in §
736.2(b)(5) of the EAR which provides that, “you may not, without a license, knowingly export or reexport any item subject to the EAR to an end-user or end-use that is prohibited by part 744 of the EAR.” Additionally, this removal does not relieve persons of their obligation to apply for export, reexport or in-country transfer licenses required by other provisions of the EAR. BIS strongly urges the use of Supplement No. 3 to part 732 of the EAR, “BIS’s `Know Your Customer’ Guidance and Red Flags,” when persons are involved in transactions that are subject to the EAR.
 
Modifications to the Entity List
 
This final rule implements decisions of the ERC to modify five existing entries on the Entity List. Under the destination of Pakistan, the ERC made a determination to revise five entries, as follows: revise one address and add three additional addresses to the entry for IKAN Engineering Services; correct the spelling of the name of an entry from Imam Group to Iman Group; revise the address to the entry for Interscan; revise the address for the entry for Makkays Hi-Tech Systems; and revise the address to the entry for Micado.
  
This final rule makes the following modifications to five entries on the Entity List:
 
Pakistan
 
  (1) IKAN Engineering Services, a.k.a., the following one alias: -IKAN Sourcing. 34-KM Shamki Bhattian Multan Road, Lahore, Pakistan; and Plot 7, 1-11/3 Markaz, Islamabad, Pakistan; and Building #7, #9 Sanitary Market I-11/3 Islamabad, Pakistan; and House #B-4, Block-F Gulshane-Jamal, Karachi, Pakistan; and 84/L Shah Rukn-e-Alam Colony Multan, Pakistan;
  (2) Iman Group, a.k.a., the following one alias: -Pana Communication Inc. Plot No. 227, St. No. 7, Sector I-9/2, Industrial Area, Near Dry Port, Islamabad, Pakistan; and 70-East A.A. Plaza, Mezz. Floor Blue Area, Islamabad 44000, Capital, Pakistan;
  (3) Interscan, Sattar Villa B, 32/1-C-1 Block-6, P.E.C.H.S., Karachi 75400i, Sindh, Pakistan;
  (4) Makkays Hi-Tech Systems, a.k.a., the following one alias: -Zaib Electronics. Block 14 Civic Centre, G-6 Markaz, Islamabad, Pakistan; and Kulsum Plaza, 42 Jinnah Avenue, Islamabad, Pakistan; and Basement Khyber Plaza, Barma Town, near Barma Bridge, Lehtrar Road, Islamabad, Pakistan; and House No. 675, Street No. 19, G-9/3, Islamabad, Pakistan; and
  (5) Micado, 40-C, Block-6, P.E.C.H.S., Shahrah-e-Faisal, Karachi, Sindh, Pakistan. …
 
  Dated: September 19, 2017.
 
Richard E. Ashooh, Assistant Secretary for Export Administration.

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

EXIM_a22. Commerce/ITA Announces Supply Chain Competitiveness Advisory Committee Meeting on 18-19 Oct in Wash DC

(Source: Federal Register) [Excerpts.]
 
82 FR 44564-44565: Advisory Committee on Supply Chain Competitiveness; Notice of Public Meetings
 
* AGENCY: International Trade Administration, U.S. Department of Commerce.
* ACTION: Notice of open meetings.
* SUMMARY: This notice sets forth the schedule and proposed topics of discussion for public meetings of the Advisory Committee on Supply Chain Competitiveness (Committee).
* DATES: The meetings will be held on October 18, 2017, from 12:00 p.m. to 3:00 p.m., and October 19, 2017, from 9:00 a.m. to 4:00 p.m., Eastern Standard Time (EST).
* ADDRESSES: The meetings on October 18 and 19 will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Research Library (Room 1894), Washington, DC 20230. …
* SUPPLEMENTARY INFORMATION: … The Committee was established under the discretionary authority of the Secretary of Commerce and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). It provides advice to the Secretary of Commerce on the necessary elements of a comprehensive policy approach to supply chain competitiveness designed to support U.S. export growth and national economic competitiveness, encourage innovation, facilitate the movement of goods, and improve the competitiveness of U.S. supply chains for goods and services in the domestic and global economy; and provides advice to the Secretary on regulatory policies and programs and investment priorities that affect the competitiveness of U.S. supply chains. For more information about the Committee visit here.
  Matters to Be Considered: Committee members are expected to continue to discuss the major competitiveness-related topics raised at the previous Committee meetings, including trade and competitiveness; freight movement and policy; trade innovation; regulatory issues; finance and infrastructure; and workforce development. The Committee’s subcommittees will report on the status of their work regarding these topics. The agenda may change to accommodate other Committee business. The Office of Supply Chain, Professional & Business Services will post the final detailed agendas on its Website, at least one week prior to the meeting.
  The meetings will be open to the public and press on a first-come, first-served basis. Space is limited. The public meetings are physically accessible to people with disabilities. Individuals requiring accommodations, such as sign language interpretation or other ancillary aids, are asked to notify Mr. Richard Boll, at (202) 482-1135 or richard.boll@trade.gov five (5) business days before the meeting.
  Interested parties are invited to submit written comments to the Committee at any time before and after the meeting. Parties wishing to submit written comments for consideration by the Committee in advance of this meeting must send them to the Office of Supply Chain, Professional & Business Services, 1401 Constitution Ave. NW., Room 11014, Washington, DC 20230, or email to richard.boll@trade.gov.
   For consideration during the meetings, and to ensure transmission to the Committee prior to the meetings, comments must be received no later Start Printed Page 44565than 5:00 p.m. EST on October 10, 2017. Comments received after October 10, 2017, will be distributed to the Committee, but may not be considered at the meetings. The minutes of the meetings will be posted on the Committee Web site within 60 days of the meeting.
 
  Dated: September 19, 2017.
 
Maureen Smith, Director, Office of Supply Chain.

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

OGSOTHER GOVERNMENT SOURCES

OGS_a13. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register

[No items of interest noted today.]

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

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

OGS_a35.

DHS/CBP Provides Hurricane Maria Diversion Guidance

(Source:
CSMS# 17-000608, 25 Sep 2017.)
 
CBP recognizes that the current extraordinary weather situation created by Hurricane Maria may cause many ocean vessels to divert from their intended port of unlading to other port locations for discharge purposes. To ensure smooth processing of bills and associated status notifications in the new port of unlading, CBP reminds the carriers that they should amend the manifest
 
to reflect the new port of unlading. This action will ensure that the automated terminals at the new port of discharge will receive the appropriate notifications. Ports should not penalize carriers for Trade Act violations caused by diversion of cargo. When diverting to another port, please send the new destination port to OFO-MANIFESTBRANCH@CBP.DHS.GOV. For those ships that have already diverted, CBP asks that the new port also be sent to the same mailbox.
 
Entries that have already been filed will not usually need to be amended. The following scenarios have been identified as most likely diversion scenarios:
 
Scenario 1:
At the time of the diversion, both the entry and summary have already been filed at the original port (e.g. Miami or San Juan), nothing needs to be done with either the entry or summary.
 
Scenario 2:
At the time of the diversion, a certified summary had already been filed at the original port (e.g. Miami or San Juan), nothing needs to be done with the certified summary.
 
Scenario 3:
At the time of the diversion, the entry had already been filed at the original port (e.g. Miami or San Juan), but the summary had not been filed. In this case, it is recommended to file the summary using the same entry port as the entry was filed.
 
Scenario 4:
At the time of the diversion, neither the entry nor summary had been filed at the original port (e.g. Miami or San Juan). In this scenario, both the entry and summary will be filed at the new (diverted) port.
 
Scenario 5:
In lieu of diversion to a domestic port, the cargo is offloaded at ports in Mexico or Canada for routing into the U.S. via rail or truck. In this scenario, manifests will need to be provided by border carriers in the appropriate systems, original entries destined for original U.S. ports will need to be cancelled and refiled for the new land border port or an in-bond move will need to be requested to move the cargo to the port of entry.
 
CCS will be monitoring the situation and make changes to the process as appropriate to ensure that trade into the U.S. continues to operate during this weather event.

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

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

OGS_a57
.
State/DDTC: (No new postings.)

(Source: State/DDTC)

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

OGS_a68

Canada Imposes Sanctions on Maduro Regime in Venezuela

(Source: Global Affairs Canada) [Excerpts.]
 
In support of the people of Venezuela, Canada has announced sanctions on key figures in the Maduro regime to send a clear message that their anti-democratic behaviour has consequences.
 
The Honourable Chrystia Freeland, Minister of Foreign Affairs, today announced sanctions against the people responsible for the deterioration of democracy in Venezuela. The measures are consistent with Canadian principles and values and aim to maintain pressure on the Government of Venezuela to restore constitutional order and respect the democratic rights of its people.
 
Under the Special Economic Measures Act, Canada is imposing targeted sanctions against 40 Venezuelan officials and individuals who have played a key role in undermining the security, stability and integrity of democratic institutions of Venezuela.
 
These decisive actions are in response to the Government of Venezuela’s deepening descent into dictatorship. By imposing sanctions on the Maduro regime, Canada demonstrates its strong commitment to the return of democracy in Venezuela. …
 
Related Products:
 
Associated Links:

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

NWSNEWS

NWS_a19.
Board Agenda: “Germany: Compliance Management System Can Reduce Fines, Court Rules”

(Source: Board Agenda, 19 Sep 2017.)
 
The German Federal Court of Justice has ruled that establishing a compliance management system, which aims to stop legal breaches, can reduce fines levied on companies under Section 30 of the Administrative Offences Act.
 
Establishing a compliance management system which aims to stop legal breaches can reduce fines under Section 30 of the Administrative Offences Act, the German Federal Court of Justice has ruled in a landmark judgement (BGH 1 StR 265/16).
 
Dr Daniel Kaiser, counsel at international law firm CMS Hasche Sigle in Stuttgart, explained that previously there was no corporate criminal law in Germany. Criminal proceedings could only be brought against a person, not a company. However, under Section 30, financial penalties could be imposed on companies whose managerial personnel have committed criminal offences.
 
Kaiser said: “If a person with managerial responsibility in a company commits a criminal offence with intent, fines of up to €10m can be imposed on the company.
 
  “This maximum fine can be exceeded to derive economic benefits. If, for example, orders are concluded by issuing bribes, the profit generated from these orders can be seized in full by the public authorities.”
 
The Federal Court of Justice ruled that the amount of a fine pursuant to Section 30 can be influenced by the extent to which a company satisfies its duty to prevent legal infringements, and whether it has set up an efficient compliance management system designed to avoid legal breaches. Even the optimisation of a compliance management system following compliance breaches can lead to a reduction in fines.
 
Kaiser added: “The court also provided guidelines for the measures to be taken by a company in such a case. As a result of compliance breaches revealed or where a preliminary investigation has commenced, the company must optimise the existing regulations and design the internal company processes in such a way that, at least in the future, it will be difficult to commit comparable breaches.”

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

NWS_a2
10. The Conversation: “Big Gas Shortage Looming, but Government Stays Hand on Export Controls”

(Source: The Conversation, 25 Sep 2017.) [Excerpts.]

The [Australian] government has issued another warning to gas producers but held off pulling its export control trigger, despite two new reports warning of potential severe local supply shortages.
 
The Australian Energy Market Operator (AEMO) and the Australian Competition and Consumer Commission (ACCC) have both pointed to looming shortfalls in the eastern Australian market in projections released on Monday. …
 
The government earlier this year foreshadowed using export controls to force more local supply but so far is holding back from implementing them – despite calls from the opposition to do so. It hopes the threat will be enough.
 
Malcolm Turnbull told a news conference, held with Treasurer Scott Morrison and Energy Minister Josh Frydenberg, that the reports showed the shortages in the east coast domestic market would be considerably greater than estimated six months ago. The 110 PJs estimate was more than three times an earlier estimate, he said.
 
Turnbull said that following the announcement about export controls more gas had come into the local system from the exporters “but it has clearly not been sufficient to date”. …  

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

NWS_a3
11. Reuters: “Canada to Impose Sanctions on Venezuela’s Maduro and Top Officials”

(Source: Reuters, 22 Sep 2017.) [Excerpts.]
 
Canada will impose targeted sanctions against 40 Venezuelan senior officials, including President Nicolás Maduro, to punish them for “anti-democratic behavior,” the foreign ministry said on Friday.
 
Canada’s move, which followed a similar decision by the United States, came after months of protests against Maduro’s government in which at least 125 people have been killed. Critics say he has plunged the nation into its worst-ever economic crisis and brought it to the brink of dictatorship.
 
“Canada will not stand by silently as the government of Venezuela robs its people of their fundamental democratic rights,” Foreign Minister Chrystia Freeland said in a statement.
 
The measures include freezing the assets of the officials and banning Canadians from having any dealings with them.
 
The actions were “in response to the government of Venezuela’s deepening descent into dictatorship,” Canada said.
 
There was no immediate reaction from Caracas, where the government established a pro-Maduro legislative superbody that has overruled the country’s opposition-led Congress.
 
Maduro has said he faces an armed insurrection designed to end socialism in Latin America and let a U.S.-backed business elite get its hands on the OPEC nation’s crude reserves.
 
The United States imposed sanctions on Maduro in late July and has also targeted around 30 other officials.
 
The Canadian measures name Maduro, Vice President Tareck El Aissami and 38 other people, including the ministers of defense and the interior as well as several Supreme Court judges.
 
Canada is a member of the 12-nation Lima Group, which is trying to address the Venezuelan crisis. A government official said Freeland wanted to host a meeting of the group within the next 60 days.
 
Cyndee Todgham Cherniak, a trade sanctions expert at Toronto law firm LexSage, said although limited in scope, the Canadian measures were symbolic.
 
  “When you join other countries … it makes the message louder,” she said by phone.
 
Canadian Prime Minister Justin Trudeau said on Thursday he believed there was a chance for a political solution.
 
  “This is a situation that is obviously untenable. The violence … needs to end and we are looking to be helpful,” he told reporters at the United Nations.
 
Experts say individual measures have had little or no impact on Maduro’s policies and that broader oil-sector and financial sanctions may be the only way to make the Venezuelan government feel economic pain.
 
U.S. President Donald Trump last month signed an executive order that prohibits dealings in new debt from the Venezuelan government or its state oil company.
 
Earlier this month, Spain said it wanted the European Union to adopt restrictive measures against members of the Venezuelan government.

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

NWS_a4
12. ST&R Trade Report: “Cargo Inspection Pilot Expanded to Otay Mesa Facility”

 
Starting in October, U.S. Customs and Border Protection will partner with Mexico’s Servício de Administración Tributaria to conduct joint cargo inspections at CBP’s Otay Mesa cargo facility. CBP anticipates that by eliminating separate inspections this collaboration will reduce wait times at the border and lower the cost of doing business in the region.
 
The announcement signals the latest expansion of the Unified Cargo Processing program, which is already being pilot tested at several other locations. These include Nogales, Ariz. (imports and exports), Laredo International Airport in Texas (air cargo shipments for the automotive, electronics, and aerospace industries destined to Mexico), the SAT facilities at Mesa de Otay, Baja California (low-risk, high-volume agricultural commodities that are part of the U.S. Department of Agriculture’s National Agriculture Release Program), and San Jeronimo, Chihuahua (finished electronics shipped from Mexico to the U.S.). CBP plans to further expand the pilot in the future.
 

CBP states that at its Otay Mesa facility the pilot test will first be available to Free and Secure Trade participants. Tentative hours of operation are Monday through Friday from 6 a.m. to 7 p.m. and Saturday, Sunday, and holidays from 8 a.m. to 2 p.m. 

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

NWS_a5
13. ST&R Trade Report: “Foreign Companies Could be Affected by New North Korea Sanctions”

 
Foreign companies that engage in trade with North Korea, as well as the financial institutions that facilitate such trade, could be subject to U.S. economic sanctions under a 21 September executive order that aims to prevent the use of funds generated through international trade to support North Korea’s nuclear and missile programs and weapons proliferation. The order could particularly affect companies in China, which is North Korea’s largest trading partner.
 
Treasury Secretary Steve Mnuchin said EO 13810 significantly expands Treasury’s authorities to “target those who enable [the North Korean] regime’s activity wherever they are located.” This includes (a) targeting those conducting significant trade in goods, services, or technology with North Korea and banning them from interacting with the U.S. financial system, (b) blocking and freezing the assets of actors supporting North Korea’s textiles, manufacturing, information technology, fishing, and other industries, and (c) suspending U.S. correspondent account access to any foreign bank that knowingly conducts or facilitates significant transactions tied to trade with North Korea or certain designated persons.
 
Specifically, this EO blocks all property and interests in property that are in the U.S. or within the possession or control of any U.S. person of any person (i.e., an individual, partnership, association, trust, joint venture, corporation, group, subgroup, or other organization) determined by Treasury, in consultation with the State Department, to:
 
  – operate in the construction, energy, financial services, fishing, information technology, manufacturing, medical, mining, textiles, or transportation industries in North Korea;
  – own, control, or operate any seaport, airport, or land port of entry in North Korea;
  – have engaged in at least one significant importation from or exportation to North Korea of any goods, services, or technology;
  – be a North Korean person, including one that has engaged in commercial activity that generates revenue for the government of North Korea or the Workers’ Party of Korea;
  – have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any person whose property and interests in property are blocked pursuant to this order; or
  – be owned or controlled by, or have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order.
 
Such property and interests in property may not be transferred, paid, exported, withdrawn, or otherwise dealt in. These prohibitions are in addition to export control authorities implemented by the Department of Commerce.
 
The EO also prohibits the entry into the U.S. of (a) vessels that have called at a North Korean port or engaged in a ship-to-ship transfer with such a vessel within the previous 180 days and (b) aircraft that have landed at a place in North Korea within 180 days after their departure from North Korea.

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

COMMCOMMENTARY

COMM_a01
14. Calibre: “Trump Preparing to Roll Back ITAR Arms Export Restrictions”

(Source: Calibre)
 
According to a report from Reuters, the Trump administration is preparing to roll back International Traffic in Arms Regulations (ITAR) and move up to 80% of American arms export out of the State Department’s jurisdiction, and into to the Department of Commerce. The Reuter’s report comments, “while the State Department is primarily concerned about international threats to stability and maintains tight restrictions on weapons deals, the Commerce Department typically focuses more on facilitating trade.”
 
As it stands, many firearms, components, optics, and ammunition fall under ITAR regulations that strictly control the export of these items to any country, including Canada, through the requirement of certificates and licenses. Obviously obtaining these export licenses is a time-consuming and expensive process, and has historically been one of the most significant factors preventing Canadians from obtaining US-made firearms and accessories, as the investment required by US exporters is oftentimes larger than the potential profits to be made.
 
Reuters reports the changes will not require congressional approval, and are all but finished, and “could be made public this fall, followed by a period of public comment, with implementation as early as the first half of next year, the officials said.” However, officials also have stressed that the changes do not represent a blanket deregulation of firearms, but rather a shift in oversight. For Canadians, a glimpse into what these changes may look like comes from an an unlikely market segment: The hunting shotgun market.
 
Canadian Sneak Peek
 
Shotguns with barrels over 18”
, as well as all the associated parts and ammunition for hunting shotguns, have never been covered by ITAR. Rather, they have been the purview of the US Department of Commerce. Without going into too much depth, the behind-the-scenes machinations required to export these materials is substantially less than those required to export ITAR materials, as the Department of Commerce Export Administration Regulations operate on a Commerce Control List that uses a country-based chart to control exports. In the case of shotguns with 18

or longer barrels, US companies obtain Canadian import and US export licenses, and can then export shotguns to Canada under their company-held license. So, once Browning, for example, has the export permit, they can export any shotgun with a barrel over 18 inches, or parts thereof.
 
On the other hand, ITAR export licenses must be carried on each exported shipment of ITAR regulated firearms or parts, and apply to very specific items. Major components must be listed discretely even if they are assembled into a complete firearm. So, a single AR-15 being exported from the USA must have the barrel, bolt carrier, receivers, and numerous other parts listed on the license [sic.]F/N. Different calibres of barrel, or even different barrel materials can require additional items be placed on the license. So the work and costs involved in obtaining and maintaining these licenses is far greater. However, for the layman, the potential loss of the ITAR small-parts exemption that allows up to $500 worth of ITAR-regulated goods to be exported without a license may be felt, as no such exemption exists in the existing Department of Commerce regulations.
 
What Will it Mean…
 
Obviously some regulatory changes will occur as the regulation of arms export transfers from the State Department to the Department of Commerce, and it will be those smaller changes that will have the greatest impact to Canadians. Either of the US or Canadian governments are capable of structuring these changes to allow everything from “I placed an order with Brownells USA and it arrived at my door a week later,” to maintaining the existing firearms importation regime as it stands. Furthermore, the impact of such changes as opening up the Canadian market to US exporters like Brownells could be so far-reaching that it’s impossible to predict how such a scenario would play out. So we’re as yet incapable of saying with any certainty what effect these changes will truly have on the Canadian marketplace, and industry. However, you best believe that with SHOT Show 2018 around the corner, we’re pretty confident in saying that we know what everyone will be talking about in the run up to January…
 
What it Won’t Mean…
 
Canadians will likely not be able to purchase firearms in the US. Acquisition of a firearm by non-resident aliens in the US is strictly controlled by various federal and state statutes. Likewise, if the regulatory changes do result in a dramatically streamlined import process for Canadians, such as easing the manner in which Canadians could import major components, ammunition, or firearms through things like online ordering, we would expect the Canadian government would consider restricting the import of firearms through the regulation of Canadian import licenses.

F/N. [Editor’s Note: A firearm need not be broken down into components when listed on a license application for permanent export. When completing Block 10 of a DSP-5 submission, according to the Guidelines for the Permanent Export… of Firearms…, an “a
pplication may include various makes/models which have the same caliber and mode of fire on one line item.”
 Components, which are also defense articles (USML Cat. I(h)), must only be listed separately on a license if the articles are shipped separately as components, and not as a complete firearm.]

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

COMM_a2
15. C.T. Cherniak: “Canada Has Imposed Economic Sanctions and Asset Freezes on the Venezuelan Maduro Regime”

(Source: LexSage PC)
 
* Author: Cyndee Todgham Cherniak, Esq., LexSage PC, cyndee@lexsage.com, 416-307-4168.
 
On September 22, 2017, Canada has finally followed the United States and has imposed unilateral economic sanctions on the Maduro Regime in Venezuela. Global Affairs has issued a Press Release entitled “Canada imposes sanctions on Maduro regime in Venezuela“. Canada has imposed unilateral targeted economic sanctions against 4o Venezuelan officials and individuals under the Special Economic Measures Act. The Special Economic Measures (Venezuela) Regulations (to be released soon) impose asset freezes and dealings prohibitions on the targeted individuals by prohibiting persons in Canada and Canadians outside Canada from dealing in any property of these individuals or providing financial or related services to them. The specific prohibitions have not been announced today.
 
According to the Global Affairs Backgrounder, the names of the individuals targeted by the Special Economic Measures (Venezuela) Regulations are:
 
  – Nicolás MADURO MOROS
  – Tibisay LUCENA RAMÍREZ
  – Elías José JAUA MILANO
  – Tareck Zaidan EL AISSAMI MADDAH
  – Tarek Willians SAAB HALABI
  – Néstor Luis REVEROL TORRES
  – Roy Antonio María CHADERTON MATOS
  – María Iris VARELA RANGEL
  – Pedro Miguel CARREÑO ESCOBAR
  – Diosdado CABELLO RONDÓN
  – Susana Virgina BARREIROS RODRÍGUEZ
  – Freddy Alirio BERNAL ROSALES
  – Delcy Eloína RODRÍGUEZ GÓMEZ
  – Tania D’AMELIO CARDIET
  – Aristóbulo ISTURÍZ ALMEIDA
  – Jorge Jésus RODRÍGUEZ GÓMEZ
  – Francisco José AMELIACH ORTA
  – Carlos Alfredo PÉREZ AMPUEDA
  – Sergio José RIVERO MARCANO
  – Jesús Rafael SUÁREZ CHOURIO
  – Carmen Teresa MELÉNDEZ RIVAS
  – Bladimir Humberto LUGO ARMAS
  – Gustavo Enrique GONZÁLEZ LÓPEZ
  – Elvis Eduardo HIDROBO AMOROSO
  – Remigio CEBALLOS ICHASO
  – Antonio José BENAVIDES TORRES
  – Hermann Eduardo ESCARRÁ MALAVÉ
  – Sandra OBLITAS RUZZA
  – Socorro Elizabeth HERNÁNDEZ HERNÁNDEZ
  – Maikel José MORENO PÉREZ
  – Gladys Maria GUTIÉRREZ ALVARADO
  – Juan José MENDOZA JOVER
  – Luis Fernando DAMIANI BUSTILLOS
  – Lourdes Benicia SUÁREZ ANDERSON
  – Carmen Auxiliadora ZULETA DE MERCHÁN
  – Arcadio de Jesús DELGADO ROSALES
  – Calixto Antonio ORTEGA RÍOS
  – Andrés Eloy MÉNDEZ GONZÁLEZ
  – Manuel Enrique GALINDO BALLESTEROS
  – Vladimir PADRINO LÓPEZ
 
To the extent that Canadian companies do business with these individuals or Venezuelan entities that may be connected with these individuals, they may have to cease doing business with those persons. Canadian companies and financial institutions should immediately review their customer/client databases and search for these names. Condominium corporations should determine if any unit holders match the list of sanctioned names.  Investment advisors should determine if they have investment portfolios belonging to these individuals (before liquidating their Canadian assets and transferring the money to them).
 
We called for sanctions earlier this summer. See Michelle Zillio’s articles in the Globe and Mail “Opposition, activist call on Liberals to sanction Venezuelan government” and “Ottawa says it lacks law to sanction Venezuelan government officials”. Michelle Zillio wrote:
 
“According to SEMA, cabinet – through the governor in council – can take economic measures against a state if it believes that “a grave breach of international peace and security has occurred that has resulted or is likely to result in a serious international crisis.” Trade lawyer Cyndee Todgham Cherniak, who advises businesses on how to navigate Canada’s sanctions regime, wonders why Canada has used SEMA to sanction countries such as Burma, but not Venezuela.”
 
“We impose sanctions against Burma for their human-rights violations and the instability in that country,” she said. “It’s consistent with Canadian values to impose sanctions against Venezuela. We can’t accept this sort of behaviour.”
 
I am happy to see that the Government of Canada agrees with me.

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

COMM_a3
16. J. Rogin: “New Trump Rules Could Put American Guns in the Hands of Dictators, Terrorists and Gangs”

(Source: The Washington Post, 24 Sep 2017.) [Excerpts.]
 
* Author: Josh Rogin, Columnist for the Global Opinions section of The Washington Post.
 
Under new rules coming soon from the Trump administration, more American guns could end up in the hands of human rights abusers, terrorists and international criminal gangs. Lawmakers are calling on President Trump to consider the implications before making the United States complicit in gun crimes around the world.
 
The administration is set to issue regulations that would significantly reduce oversight and transparency on small-arms exports to governments and private businesses in about three dozen countries, according to officials and lawmakers. First reported by Reuters, the new regulations would shift licensing for sales of handguns, assault rifles, sniper rifles and other light munitions from the State Department to the Commerce Department.
 
Should that shift occur, national security, foreign policy and human rights considerations could get short shrift and U.S. law enforcement would have less ability to track the weapons after they leave U.S. shores, harming the investigation and prosecution of international crimes. …
 
[Editor’s Note: Due to copyright restrictions, we are not authorized to include the entire column. To read the remaining sections, click on the source link above.]

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

COMM_a4
17. L.S. Test & H.N. Zarkar: “U.S. Government Imposes Additional Sanctions on North Korea”

(Source: Baker McKenzie)
 
* Authors: Lise S. Test, Esq., lise.test@bakermckenzie.com; and Hannah N. Zarkar, Esq., hannah.zarkar@bakermckenzie.com. Both of Baker McKenzie, Wash DC and London, respectively.
 
On September 21, 2017, President Trump issued an Executive Order (“Order”) imposing additional sanctions on North Korea. The Order is aimed at curbing North Korea’s ability to fund its nuclear and ballistic missile programs by giving the Secretary of the Treasury additional tools to target non-US persons engaging in trade with North Korea and non-US financial institutions supporting such trade.
 
The Order builds upon recent efforts by the US Government to put pressure on North Korea through the imposition of sanctions on persons and entities in third countries, such as the sanctions and civil forfeiture actions announced by the US Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) and the Department of Justice, respectively, on August 22, 2017, that target certain Chinese and Russian entities accused of supporting North Korea’s nuclear and ballistic missile programs (previously discussed in our blog post here). The Order also supplements the passage of the “Countering America’s Adversaries Through Sanctions Act” on August 2, 2017 (previously discussed in our blog post here) and President Obama’s Executive Order 13722 of March 15, 2016 (“E.O. 13722”) (“Blocking Property of the Government of North Korea and the Workers’ Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea”) (previously discussed in our blog post here).
 
In conjunction with the Order, OFAC issued a new general license and updated an existing one authorizing certain activities involving North Korea. OFAC also published Frequently Asked Questions regarding the Order. The key sanctions provisions of the Order are summarized below.
 
Addition of New Blocking Criteria
 
The Order authorizes the US Secretary of the Treasury, in consultation with the US Secretary of State, to block the property or interests in property of any individuals or entities determined, among other things,:
 
  – to operate in the construction, energy, financial services, fishing, information technology, manufacturing, medical, mining, textiles, or transportation industries in North Korea;
  – to own, control, or operate any port in North Korea, including any seaport, airport, or land port of entry; or
  – to have engaged in at least one significant import from or export to North Korea of any goods, services, or technology.
  – Prohibition on Vessels and Aircraft that Have Called on/Landed in North Korea in the Last 180 Days from Calling on/Landing in the United States
 
The Order prohibits vessels and aircraft in which a non-US person has an interest that have, respectively, called at a port or landed at a place in North Korea within the previous 180 days from calling at a port or landing in the United States. This ban also applies to vessels in which a non-US person has an interest that have engaged in a ship-to-ship transfer with such a vessel within the previous 180 days.
 
OFAC has issued new General License 10 to allow vessels and aircraft that have called on/landed in North Korea or engaged in ship-to-ship transfers with such vessels in the last 180 days, a described above, to call at a port or land in the Unites States under certain limited circumstances, including if the vessel is in distress or the aircraft is making an emergency landing.
 
Blocking of Funds Transiting Accounts Linked to North Korea
 
The Order blocks any funds originating from, destined for, or passing through a bank account that the US Secretary of Treasury determines is owned or controlled by a North Korean person, or has been used to transfer funds in which a North Korean person has an interest, that come within the United States or possession of a “US Person” (i.e., entities organized under US laws and their non-US branches; individuals and entities physically located in the United States; and US citizens and permanent resident aliens, wherever located or employed). US Persons may not directly or indirectly transfer, pay, export, withdraw, or otherwise deal in such funds. US Persons are also prohibited from approving, financing, facilitating, or guaranteeing any dealings by a non-US person in funds linked to North Korean accounts.
 
In FAQ No. 526, OFAC states that it will provide “appropriate notice and additional guidance” to clarify its expectations for implementation of this provision, and that it does not create any immediate compliance obligations for US Persons.
 
Imposition of Sanctions on non-US Financial Institutions
 
The Order provides authority to the US Secretary of Treasury to impose sanctions on any non-US financial institution that, on or after September 21, 2017, knowingly conducts or facilitates:
 
  (1) any significant transaction on behalf of persons blocked under certain Executive Orders relating to North Korea or the proliferation of weapons of mass destruction relating to North Korea; or
  (2) any significant transaction in connection with trade with North Korea.
 
Such sanctions may entail restrictions on correspondent or payable-through accounts, or the full blocking of all property and interests in property in the United States or in the possession or control of a US Person.
 
General Licenses
 
Along with the new General License 10 (discussed above), OFAC updated General License 3 issued with E.O. 13722 to take the Order into account. The amended General License 3-A authorizes US financial institutions to debit accounts blocked under the Order for normal services charges. OFAC clarified in FAQ No. 525 that the general licenses issued with E.O. 13722 do not apply to transactions prohibited by the new Order, aside from General License 2 and General License 9 regarding legal services and emergency medical services, respectively.

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

COMM_a5
18. R.C. Burns: “Export Control Reform Arrives (Soon?) For Small Arms”

(Source:
Export Law Blog
. Reprinted by permission.)
 
* Author: R. Clifton Burns, Esq., Bryan Cave LLP, Wash DC,
Clif.Burns@bryancave.com
, 202-508-6067).
 
Rumors have begun to circulate that export control reform is coming to USML Category I small arms despite thoughts that this might never happen. The reporters in this Reuters article, who clearly have little background in export policy and reform, have fallen on their fainting couches, clutched their pearls, and conjured up terrifying images of an out-of-control international arms bizarre that will result. This is, of course, silliness. Thousands of items have transitioned from the USML to the 600 series of the Commerce Control List without military items falling willy-nilly into the hands of foreigners.
 
There are two issues I think are worthy of comment without histrionics. The first relates to brokering issues. I have been a critic of DDTC’s brokering rules, not because of their concept, but mostly because of their implementation. The rules have been improved by restricting the registration and licensing requirements to brokers who are U.S. citizens or who are located in and acting from the United States. But I think that potentially removing small arms shipments from the restrictions of the brokering rules is not necessarily a good idea. Remember that the reason that these were passed in the first place was that U.S. persons were shipping small arms from foreign countries to regional disputes and rebellions outside the United States where those arms were used for genocide or otherwise against the foreign policy of the United States. The EAR has no controls on brokering and would not control export of foreign-manufactured arms (without U.S. content) to areas outside the United States by U.S. citizens or persons in the United States. The brokering issue is negligible when we talk about other transitioned items, like certain military aircraft parts. But the issue is front and center when it comes to small arms.
 
Another interesting effect of transitioning small arms to the CCL, and one that will be probably a beneficial one, relates to the issue of providing firearms training to foreign persons. As it stands, the definition of defense services in section 120.9 covers “training … foreign persons … in the … maintenance, … operation, … or use of defense articles.” So a U.S. person could not show a foreign person how to clean a rifle but could provide a copy of the publicly available rifle manual with cleaning instructions to the foreign person. After transition of the rifle as a 600-series item to the EAR, since the information on how to clean the rifle is published, a U.S. person could show the foreign person how to clean the rifle rather than just provide a copy of the manual. This, of course, seems a much more sensible result.

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

MSEX/IM MOVERS & SHAKERS

MS_a219. Monday List of Ex/Im Job Openings: 18 New Jobs Posted This Week

(Source: Editor)  
 
Published every Monday or first business day of the week. Please send openings in the following format to jobs@fullcirclecompliance.eu.
 
* COMPANY; LOCATION; POSITION TITLE (WEBLINK); CONTACT INFORMATION; REQUISITION ID
 
#” New or amended listing this week. (14 new jobs)
# Aerovironment; Simi Valley, CA; Trade Compliance Administrator

Aerovironment; Simi Valley, CA; Trade Compliance Manager
# Airbus; Barajas, Spain;
Export Control Officer
# Airbus; Sevilla, Spain;
Export Control Officer
# Airbus; Getafe, Spain;
Export Control Officer

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

* American Science & Engineering; Billerica, MA OR Andover, MA; 

Senior Trade Compliance Specialist; Requisition ID 12285

* American Showa, Inc.; Columbus, OH (Rickenbacker); 
Import/Export Clerk
; Please contact 
Mattie Robinson
 for details.

* Amscan; Elmsford, NY;
Customs Compliance Mananger; or apply
here.

* Ansell; Iselin NJ;
Senior Specialist NA Trade Compliance; Requisition ID: IRC6513

* Autodesk; San Rafael CA; 
Export Compliance Manager
; Requisition ID: 17WD24183

*
BAE Systems; California, MD; Subcontracts Manager; Requisition ID 28240BR

*
BAE Systems; Nasua, NH; Contracts Summer Internship Program; Requisition ID: 30621BR


BAE Systems; Wayne, NJ; Contracts Summer Internship Program; Requisition ID: 30622BR

*
BAE Systems; Arlington, VA; Import Export Analyst II; Requisition ID: 29824BR

*
BAE Systems; Nashua, NH: Import Export Analyst II; Requisition ID: 26285BR

* Baylor University; Waco, TX;
Manager/Director of Export Compliance; Vacancy ID S030428

* Carpenter Technology Corporation; Reading, PA;
Senior Specialist, International Trade Compliance 
* Columbia Helicopters; Aurora, Oregon;
Trade Compliance Specialist; 17-0080

* Elbit Systems of America; NH, TX, AL;
Licenses and Agreement Officer; 2017-5671

*
 Esterline Technologies Corporation;
Bellevue, WA;
 
Manager, Trade Compliance Investigations and Disclosures

* Expeditors; Sunnyvale CA;
Customs Compliance Specialist
* Export Solutions Inc.; Melbourne FL; Trade Compliance Specialist;
info@exportsolutionsinc.com
* FLIR;
Wilsonville, OR; Billerica, MA
Director, Global Customs Compliance 
* FLIR;
Wilsonville, OR/Billerica, MA; 
Senior Director, Dual-Use Licensing 
* FLIR; Multiple Locations;
Senior Director, Global Regulatory Affairs 
* FLIR; Meer, Belgium;
Global Trade Compliance Administrator 
* FLIR; Arlington, VA;
Manager of Defense Trade Licensing 
* FLIR; Billerica, MA;
International Export/Import Analyst 

* Fluke; Everett, WA; 
Trade Compliance Manager
; Requisition ID: FLU005544

*
 
General Atomics Aeronautical Systems, Inc.; San Diego, CA; Government Regulatory Compliance Specialist; Requisition ID: 13055BR

*
 
General Atomics Aeronautical Systems, Inc.; San Diego, CA; International Contracts Manager; Requistion ID: 13583BR

*
 
General Atomics; San Diego, CA; Sr. Director of Import/Export Compliance; Job ID: 13892BR

*
 
General Atomics; San Diego, CA; Contracts Compliance Specialist; Requistion ID: 12839BR
 

*
 
General Atomics; San Diego, CA; International (Import/Export) Trade Compliance Administrator; Requisition ID: 12690BR
 


General Dynamics Land Systems; Sterling Heights, MI; Compliance Officer
; Requisition ID: 
SHC-LC-17-19648

#
General Dynamics; Falls Church, VA;
 Manager, Trade Licensing and Compliance
;
careers@gd.com
*
General Dynamics Information Technology; Herndon, VA;
Subcontracts Administrator
; Requisition ID: 
2017-28792

* George Washington University; Washington DC; 
Research Compliance Officer, Export Control
; Requisition ID: PI97906765


Harris Corporation; Clifton, New Jersey;
Trade Compliance Analyst
;
lsolomon@harris.com
; Requisition ID: ES20171608-20394

* Harris Corporation; Melbourne, FL;
IT Compliance Analyst; Requisition ID: 


CHQ20171608-20395

* Harris Corporation; Rochester, NY;
Technical Export Compliance Specialist; Job ID: 
CS20172308-20513

* Henderson Group Unlimited, Inc.; Alexandria, VA;
Defense Controls Analyst – Office of Defense Trade Controls Licensing 

* Indiana Mills & Manufacturing, Inc.; Westfield, IN;
International Trade Compliance Manager 

*
Intel Corporation; Gdansk, Poland or Swindon/High Wycombe, England, UK;
EMEA Export Project Manager / Trade Specialist
; Requisition ID JR0033212; OR contact 
Joy Robins 
*
Jet Propulsion Laboratory; Pasadena, CA;
Export Compliance Advisor III 

* Johnson and Johnson; Skillman, NJ;
Export Trade Compliance Lead

* Lennox International; Richardson, TX; 
Manager, Trade Compliance; Requisition ID: 2017-11661

* Lockheed Martin; Fort Worth, TX;
International Trade Compliance Export Advisor; Requisition ID: 402827BR

* Lockheed Martin; Grand Prarie, TX; 
International Trade Compliance Senior Manager; Requisition ID: 405533BR
#
 Lockheed Martin; Littleton, CO; 
Senior International Licensing Analyst
; Requisition ID: 403051BR
# Lockheed Martin; Littleton, CO;
Senior International Licensing Analyst (Staff); Requisition ID: 403051BR
# Lockheed Martin; Fort Worth, TX;
Aeronautics International Trade Compliance Senior Manager; Requisition ID: 407329BR

* Lutron; Coopersburg, PA;
Trade Manager-Export
; Requisition ID: 2926
* Medtronic; Heerlen, The Netherlands;
Trade Compliance Analyst
; Requisition ID: 16000DYY

*
Medtronic; Minneapolis, MN; Global Trade Supply Chain Director; Requisition ID: 17000FU4
*
Medtronic; Minneapolis, MN; Global Trade Compliance Director; Requisition ID: 17000FC1

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

* Meggitt PLC; Simi Valley, CA;
Trade Compliance Officer
* National Institute of Standards and Technology (NIST); Gaithersburg, MD;
Operations Research Analyst; Vacancy Numbe
r: NISTLP-2017-0003

*
 
NetApp; Singapore; Trade Compliance Mananger – APAC; Requisition ID 43338BR

* Nissan/Kelly Services; Franklin, TN;
CONTRACT Position – Contract Customs Compliance Analyst;
frankie.bryson@nissan-usa.com; Requisition ID: 55224BR

* North Dakota State University; Fargo, ND;
Director for Research Integrity Compliance; Requisition ID: 1700372

* Northrop Grumman Sperry Marine; New Malden, UK;
Trade Compliance Coordinator
;
careers.uk@sperry.ngc.com
* Northrop Grumman; Herndon, VA;
Manager, International Trade Compliance 2; Requisition ID: 17017794
* Northrop Grumman; Herndon, VA;
Manager, International Trade Compliance 2; Requisition ID: 17014690
* Northrop Grumman; Rolling Meadows, IL;
International Trade Compliance Analyst 3; Requisition: 17015695
# Ohio State University; Columbus, OH;
Compliance Officer
* 
OSI Optoelectronics; Hawthorne, CA; Manager, Global Trade Compliance; Requisition ID: 12235; or contact Kim Butcher, Senior Talent Acquisition Partner;
Raytheon; El Segundo, CA;
Global Trade Manager; Requisition ID: 
97898BR
# Raytheon; El Segundo, CA;
Global Trade Authorization Owner; Requisition ID: 100859BR
# Raytheon; El Segundo, CA;
Principal Global Trade Licensing; Requisition ID: 102832BR

Raytheon; El Segundo, CA; 
Sr. Regulatory Compliance Analyst; Requisition ID: 101593BR

* Raytheon; Tucson, AZ;
Export Compliance – Agreements Authorization Owner; Requisition ID: 99909BR

* Raytheon; McKinney, TX;
Principal Global Trade Licensing; Requisition ID: 101234 BR

# SABIC; Houston, TX;
Senior Analyst, Import Compliance;
Danielle.Cannata@sabic.com, Requisition ID: 8241BR

* The Safariland Group; Jacksonville, FL; 
Import/Export Director
;  
amber.hobble@safariland.com
; Requisition ID: 2017-1855

# Silvus Technologies, Inc.; Los Angeles, CA;
Contract Manager

* Tesla Motors; Fremont, CA; 
Global Supply Manager – International Logistics
; Requisition ID: 49362

* Ultra Electronics; Loudwater, United Kingdom;
International Trade Manager


* United Technologies Corporation, UTC Aerospace Systems; Charlotte, NC; 


Authorization Manager, ITC
;
Requisition ID: 53243BR

*
United Technologies Corporation, UTC Aerospace Systems; Charlotte, NC; 


Specialist, ITC IT Systems
; Requisition ID: 33792BR

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


ITC Specialist
; Requisition ID: 51240BR

* United Technologies Corporation, UTC Aerospace Systems; Chula Vista, CA;  
ITC Program Senior Manager
; Requisition ID: 52640BR

* United Technologies Corporation, UTC Aerospace Systems; Chula Vista, CA;  
ITC Operational Excellence Manager
; Requisition ID: 49904BR

* United Technologies Corporation, UTC Aerospace Systems; Fairfield, CA; 


Sr. Eng, Intl Trade Compl;
Requisition ID: 48780BR
  

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


Sr Analyst, ITC
; Requisition ID: 51450BR

* Vigilant; Remote Opportunity; 
Classification Specialist

* 
Vigilant; Bhudapest, Hungary; Jr. Compliance Specialist;

* Vigilant; Negotiable Location, USA; Global Trade Compliance Analyst;
* Vista Outdoor; Overland Park, KS;
Import Specialist; Requisition ID: 
R0002750 or contact holly.greenwood@vistaoutdoor.com
# Wurth Logistics; Indianapolis, IN;
Customs Brokerage Manager; Requisition ID: 1248

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

ENEDITOR’S NOTES

* Shel Silverstein (Sheldon Allan “Shel” Silverstein; 25 Sep 1930 – 10 May 1999; was an American poet, singer-songwriter, cartoonist, screenwriter, and author of children’s books. Translated into more than 30 languages, his books have sold over 20 million copies. He was the recipient of two Grammy Awards, as well as a Golden Globe and Academy Award nominee.)
 – “If you’re behind the times, they won’t notice you. If you’re right in tune with them, you’re no better than they are, so they won’t care much for you. Be just a little ahead of them.”
 
* F. Scott Fitzgerald (Francis Scott Key Fitzgerald; 24 Sep 1896 – 21 Dec 1940; was an American novelist and short story writer, whose works illustrate the Jazz Age. While he achieved limited success in his lifetime, he is now widely regarded as one of the greatest American writers of the 20th century.  He finished four novels: This Side of Paradise, The Beautiful and Damned, The Great Gatsby, and Tender Is the Night. A fifth, unfinished novel, The Last Tycoon, was published posthumously.)
 – “It is sadder to find the past again and find it inadequate to the present than it is to have it elude you and remain forever a harmonious conception of memory.”
 
* Horace Walpole (Horatio Walpole, 4th Earl of Orford; 24 Sep 1717 – 2 Mar 1797; was an English art historian, man of letters, antiquarian and Whig politician.)
 – The whole secret of life is to be interested in one thing profoundly and in a thousand things well.
 
Monday is Pun Day:
 
Q. Where do mermaids go for fast food?
A. A dive through!
  – Sarah Parker, Eugene, OR
 
Q. What would you do if your nose went on strike?
A. You’d picket, of course.
  – Robert Golden, Madison, WI

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

EN_a321
. 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: 25 Sep 2017: 82 FR 44514-44517: Removal of Certain Entities from the Entity List; and Revisions of Entries on the Entity List

  
*
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:
20 Sep 2017:
 
82 FR 43842-43844
: Foreign Trade Regulations (FTR): Clarification on Filing Requirements; Correction
 
  – HTS codes that are not valid for AES are available
here.
  – The latest edition (20 Sep 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, Census/AES guidance, and to many errors contained in the official text. 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 1706, containing 834 ABI records and 157 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: 30 Aug 2017: 82 FR 41172-41173: Temporary Modification of Category XI of the United States Munitions List
  – The only available fully updated copy (latest edition: 12 Sep 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_a0322. 
Weekly Highlights of the Daily Bugle Top Stories

(Source: Editor) 

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., 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 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.

Scroll to Top