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17-1109 Thursday “Daily Bugle”

17-1109 Thursday “Daily Bugle”

Thursday, 9 November 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 Contact us for advertising inquiries and rates(The Daily Bugle will not be published tomorrow, 10 November, a U.S. Federal Holiday, so the Friday List of Approaching Events and Friday Funnies are included today.)

  1. Commerce/BIS Amends EAR, Implements U.S. Policy Toward Cuba
  2. DHS/CBP Seeks Comments on Form I-418, Passenger List/Crew List
  3. DHS/CBP Seeks Comments on Form 1300, Vessel Entrance or Clearance Statement
  4. Justice/ATF Seeks Comments on Form ATF F 9 (5320.9), Application and Permit for Permanent Exportation of Firearms
  5. State Posts List of Entities and Sub-Entities Associated with Cuba
  6. Treasury/OFAC Amends Cuban Assets Control Regulations, Implements U.S. Policy to Cuba
  1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.)
  3. DHS/CBP Updates ACE Documents
  4. State/DDTC: (No new postings.)
  5. EU Amends Restrictive Measures Concerning Libya
  6. Singapore Customs Posts Circular on Prohibition of All Commercially Traded Goods Related to North Korea Through Singapore
  7. Singapore Customs Posts Circular on the Live Operation of ASW
  1. AD: “Dutch Company Illegally Delivered Military Goods to Russia”
  2. The Advertiser: “Ruling Means Submarine Designers Naval Group Can Stop Chinese, Russians from Getting Work”
  3. WorldECR News Alert, 8 Nov
  1. C. Todgham Cherniak: “Canada Lists Names: Canada Publishes Three Magnitsky Sanctions Lists”
  2. M. Volkov: “COSO Framework: Fraud, Corruption and Compliance (Part 1 of 2)”
  3. R.C. Thomsen II, A.D. Paytas, M.M. Shomali: “Changes to the Cuba Restrictions: License Exception SCP Authorizations Expanded”
  4. R.C. Burns: “To Have and Have Not People-to-People Trips to Cuba”
  1. ECTI Presents “In the Beginning…An Introduction to Israel’s Dual-Use and Defense Export Control System” Webinar, 5 Dec
  2. 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 Sep 2017), DOD/NISPOM (18 May 2016), EAR (9 Nov 2017), FACR/OFAC (9 Nov 2017), FTR (20 Sep 2017), HTSUS (20 Oct 2017), ITAR (30 Aug 2017)
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMEX/IM ITEMS FROM TODAY’S FEDERAL REGISTER

(Source:
Federal Register, 9 Nov 2017.) [Excerpts.]
 
82 FR 51983-51986: Amendments to Implement United States Policy Toward Cuba
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Final rule.
* SUMMARY: This rule amends the licensing policy for Cuba and portions of three license exceptions available for exports and reexports to Cuba: License Exceptions Gift Parcels and Humanitarian Donations (“GFT”), Consumer Communications Devices (“CCD”), and Support for the Cuban People (“SCP”). The Bureau of Industry and Security is publishing this rule to implement portions of the National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba, dated June 16, 2017.
* DATES: This rule is effective November 9, 2017.
* FOR FURTHER INFORMATION CONTACT: Foreign Policy Division, Bureau of Industry and Security, Phone: (202) 482-4252.
* SUPPLEMENTARY INFORMATION: …
 
Cuba Licensing Policy
  In accordance with the statutory embargo of Cuba, license applications for the export or reexport to Cuba of items subject to the Export Administration Regulations (“EAR”) currently are subject to a general policy of denial unless the transactions are eligible for another review policy stated in Sec. 746.2(b). License applications for certain export or reexport transactions are reviewed on a case-by-case basis or under a general policy of approval, depending upon the types of items, end uses, and end users involved, as described in the EAR.
  On January 27, 2016, BIS created a case-by-case licensing policy in paragraph (b)(3)(i) of Sec. 746.2 of the EAR for applications to export or reexport items to meet the needs of the Cuban people, including exports and reexports of such items to state-owned enterprises, agencies, and other organizations of the Cuban government that provide goods and services for the use and benefit of the Cuban people (81 FR 4580). Note 2 to paragraph (b)(3)(i) explains that BIS generally will deny applications to export or reexport items for use by state-owned enterprises, agencies, and other organizations that primarily generate revenue for the state, including those engaged in tourism and those engaged in the extraction or production of minerals or other raw materials. Note 2 to paragraph (b)(3)(i) also explains that BIS generally will deny applications for the export or reexport of items destined to the Cuban military, police, intelligence, or security services.
  Pursuant to section 3(a) of the Cuba NSPM, this rule amends note 2 to paragraph (b)(3)(i) of Sec. 746.2 of the EAR to clarify that BIS also generally will deny applications for the export or reexport of items for use by certain entities or sub-entities the State Department identifies on its List of Restricted Entities and Subentities associated with Cuba (“Cuba Restricted List”), unless such transactions are determined to be consistent with the Cuba NSPM. Section 3(a)(i) of the Cuba NSPM directs the Secretary of State to publish a list of entities and sub-entities that it has determined (1) are under the control of, or act for or on behalf of, the Cuban military, intelligence, or security services or personnel and (2) with which direct financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba (Cuba Restricted List). Today the Department of State is publishing that list in the Federal Register and posting it on its Web site.
  Section 3(a)(ii) of the Cuba NSPM states that regulatory changes made pursuant to section 3(a) shall prohibit direct financial transactions with entities or sub-entities identified by the Department of State’s Cuba Restricted List unless the transactions are determined by the Secretary of Commerce or the Secretary of the Treasury, in coordination with the Secretary of State, to be consistent with the policy in section 2 and the criteria specified in section 3(a)(iii)(A)-(I) of the Cuba NSPM. Consequently, license applications submitted to BIS that involve one or more parties on the Department of State’s Cuba Restricted List generally will be denied unless the transactions are determined by BIS, in coordination with the Department of State, to be consistent with the aforementioned sections of the Cuba NSPM.
 
Prohibited Cuban Government Officials
  License exceptions authorize certain exports and reexports pursuant to specified terms and conditions. Only the license exceptions specified in Sec. 746.2(a)(1) of the EAR are available for exports and reexports to Cuba. License Exceptions Gift Parcels and Humanitarian Donations (“GFT”), Consumer Communications Devices (“CCD”), and Support for the Cuban People (“SCP”) (Sec. Sec. 740.12, 740.19, and 740.21 of the EAR, respectively) specify certain eligible and ineligible Cuban transaction parties. On October 17, 2016, BIS revised its list of ineligible Cuban government officials in Sec. Sec. 740.12(a)(2)(v)(A), 740.19(c)(2)(i), and 740.21(d)(4)(ii) of the EAR to correspond to amendments OFAC made to its definition of prohibited officials of the Government of Cuba in Sec. 515.337 of the Cuban Assets Control Regulations (“CACR”) (31 CFR part 515) (81 FR 71365).
  In accordance with section 3(d) of the Cuba NSPM, today OFAC is amending its definition of prohibited officials of the Government of Cuba to include certain additional individuals. This rule amends the list of ineligible Cuban government officials in Sec. Sec. 740.12(a)(2)(v)(A), 740.19(c)(2)(i), and 740.21(d)(4)(ii) of the EAR to conform with OFAC’s amendment.
 
Cuban Private Sector
  On January 16, 2015, BIS created License Exception Support for the Cuban People (SCP) in Sec. 740.21 of the EAR to authorize the export and reexport of certain items to Cuba that are intended to improve the living conditions of the Cuban people; support independent economic activity and strengthen civil society in Cuba; and improve the free flow of information to, from, and among the Cuban people (80 FR 2286). On September 21, 2015, March 16, 2016, and October 17, 2016, BIS amended License Exception SCP to authorize additional categories of exports and reexports intended to further benefit the Cuban people (80 FR 56898, 81 FR 13972, and 81 FR 71365, respectively).
  Consistent with section 2(d) of the Cuba NSPM, this rule revises Sec. 740.21(b) to further support free enterprise in Cuba. Prior to this rule, the text in Sec. 740.21(b)(1)-(3) identified certain types of items, such as tools and equipment, that were eligible for export or reexport to Cuba for (1) use by the private sector to construct or renovate privately-owned buildings, (2) private sector agricultural activities, or (3) use by private sector entrepreneurs. This rule simplifies and expands Sec. 740.21(b) by creating a single provision authorizing the export and reexport to Cuba of items, without specifying types, for use by the Cuban private sector for private sector economic activities. To be eligible for this provision, the items may not be used to primarily generate revenue for the state or used to contribute to the operation of the state, including through the construction or renovation of state-owned buildings. Additionally, eligible items are limited to those that are designated as EAR99 or controlled only for anti-terrorism reasons on the Commerce Control List (“CCL”). Of note, medicines, medical devices, and agricultural commodities are not eligible for any provision of License Exception SCP due to limitations in the Cuban Democracy Act of 1992, as amended (22 U.S.C. 6001-6010) and the Trade Sanctions Reform and Export Enhancement Act of 2000, as amended (22 U.S.C. 7201-7211). …
 
  Dated: November 6, 2017.
Richard E. Ashooh, Assistant Secretary for Export Administration.

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(Source:
Federal Register, 9 Nov 2017.) [Excerpts.]
 
82 FR 52068-52069: Agency Information Collection Activities: Passenger List/Crew List
* AGENCY: U.S. Customs and Border Protection (CBP), Department of Homeland Security.
* ACTION: 30-Day notice and request for comments; Extension of an existing collection of information.
* SUMMARY: … Comments are encouraged and will be accepted (no later than December 11, 2017) to be assured of consideration.
* ADDRESSES: Interested persons are invited to submit written comments on this proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to dhsdeskofficer@omb.eop.gov.
* FOR FURTHER INFORMATION CONTACT: Requests for additional PRA information should be directed to the CBP Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street NE., 10th Floor, Washington, DC 20229-1177, or via email CBP_PRA@cbp.dhs.gov. Please note that the contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs should contact the CBP National Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP Web site.
* SUPPLEMENTARY INFORMATION: …
  – Title: Passenger List/Crew List.
  – OMB Number: 1651-0103.
  – Form Number: Form I-418.
  – Abstract: CBP Form I-418 is prescribed by CBP, for use by masters, owners, or agents of vessels in complying with Sections 231 and 251 of the Immigration and Nationality Act (INA). This form is filled out upon arrival of any person by commercial vessel at any port within the United States from any place outside the United States. The master or commanding officer of the vessel is responsible for providing CBP officers at the port of arrival with lists or manifests of the persons on board such conveyances. CBP is in the process of amending its regulations to allow for the electronic submission of the data elements required on CBP Form I-418. This form is provided for in 8 CFR 251.1 and 251.3. A copy of CBP Form I-418 can be found here. …
 
  Dated: October 27, 2017.
Seth Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.

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EXIM_a3
3. DHS/CBP Seeks Comments on Form 1300, Vessel Entrance or Clearance Statement

(Source: Federal Register, 9 Nov 2017.) [Excerpts.]
 
82 FR 52069-52070: Agency Information Collection Activities: Vessel Entrance or Clearance Statement
* AGENCY: U.S. Customs and Border Protection (CBP), Department of Homeland Security.
* ACTION: 30-Day notice and request for comments; Extension of an existing collection of information.
* SUMMARY: … Comments are encouraged and will be accepted (no later than December 11, 2017) to be assured of consideration.
* ADDRESSES: Interested persons are invited to submit written comments on this proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to dhsdeskofficer@omb.eop.gov.
* FOR FURTHER INFORMATION CONTACT: Requests for additional PRA information should be directed to the CBP Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street NE., 10th Floor, Washington, DC 20229-1177, or via email CBP_PRA@cbp.dhs.gov. Please note that the contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs should contact the CBP National Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP Web site.
* SUPPLEMENTARY INFORMATION: …
  – Title: Vessel Entrance or Clearance Statement.
  – OMB Number: 1651-0019.
  – Form Number: CBP Form 1300. …
  – Abstract: CBP Form 1300, Vessel Entrance or Clearance Statement, is used to collect essential commercial vessel data at time of formal entrance and clearance in U.S. ports. The form allows the master to attest to the truthfulness of all CBP forms associated with the manifest package, and collects information about the vessel, cargo, purpose of entrance, certificate numbers, and expiration for various certificates. It also serves as a record of fees and tonnage tax payments in order to prevent overpayments. CBP Form 1300 was developed through agreement by the United Nations Intergovernmental Maritime Consultative Organization (IMCO) in conjunction with the United States and various other countries. This form is authorized by 19 U.S.C. 1431, 1433, and 1434, and provided for by 19 CFR part 4, and accessible here. …
 
  Dated: October 27, 2017.
Seth Renkema,Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.

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EXIM_a4
4. Justice/ATF Seeks Comments on Form ATF F 9 (5320.9), Application and Permit for Permanent Exportation of Firearms

(Source: Federal Register, 9 Nov 2017.) [Excerpts.]
 
82 FR 52070-52071: Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Currently Approved Collection; Application and Permit for Permanent Exportation of Firearms (National Firearms Act); ATF F 9 (5320.9)
* AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.
* ACTION: 60-Day notice. …
* DATES: Comments are encouraged and will be accepted for 60 days until January 8, 2018.
* FOR FURTHER INFORMATION CONTACT: If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any additional information, please contact Kenneth Mason, Firearms and Explosives Services Specialist, either by mail at National Firearms Act Branch, 244 Needy Road, Martinsburg, WV 25405, by email at nfaombcomments@atf.gov.
* SUPPLEMENTARY INFORMATION: …
  – The Title of the Form/Collection: Application and Permit for
Permanent Exportation of Firearms (National Firearms Act).
  – Form number (if applicable): ATF F 9 (5320.9).
  – Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. …
  – Abstract: ATF Form 9 (5320.9) is typically used by a Federal firearms licensee who has paid the special (occupational) tax to deal, manufacture or import NFA firearms. The form must be filed (in quadruplicate) for approval to permanently export NFA firearms registered in the National Firearms Registration and Transfer Record. Once authorization has been granted, one copy is retained by ATF and the remaining copies returned to the exporter to establish that the exportation took place and claim relief from liability for the transfer tax. …
  If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405A, Washington, DC 20530.
 
  Dated: November 6, 2017.
Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice.

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EXIM_a5
5. State Posts List of Entities and Sub-Entities Associated with Cuba

(Source: Federal Register, 9 Nov 2017.) [Excerpts.]
 
82 FR 52089-52091: The State Department’s List of Entities and Sub-Entities Associated with Cuba (Cuba Restricted List)
* AGENCY: Department of State.
* ACTION: Initial publication of list of entities; notice.
* SUMMARY: The Department of State is publishing a List of Restricted Entities and Sub-Entities Associated with Cuba (Cuba Restricted List) with which direct financial transactions will be generally prohibited under the Cuban Assets Control Regulations (CACR). This list will also be considered during review of license applications submitted to the Department of Commerce’s Bureau of Industry and Security (BIS) pursuant to the Export Administration Regulations (EAR).
* DATES: Effective on November 9, 2017.
* FOR FURTHER INFORMATION CONTACT: Benjamin Barron, Office of Economic Sanctions Policy and Implementation, tel.: 202-647-7489; Robert Haas, Office of the Coordinator for Cuban Affairs, tel.: 202-647-9273, Department of State, Washington, DC 20520.
* SUPPLEMENTARY INFORMATION: …
  The publication of the Cuba Restricted List implements the directive in paragraph 3(a)(i) of the NSPM for the Secretary of State to identify the entities or sub-entities, as appropriate, that are under the control of, or act for or on behalf of, the Cuban military, intelligence, or security services or personnel, and publish a list of those identified entities and sub-entities with which direct financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba. …
  This document and additional information concerning the Cuba Restricted List are available from the Department of State’s Web site. …
  Below is the U.S. Department of State’s list of entities and sub-entities under the control of, or acting for or on behalf of, the Cuban military, intelligence, or security services or personnel with which direct financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba. For information regarding the prohibition on direct financial transactions with these entities, please see section 515.209 of the Cuban Assets Control Regulations (31 CFR 515). …
 
  Dated: November 2, 2017.
Brian McFeeters, Acting Assistant Secretary, Bureau of Economic and Business Affairs, Department of State.

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EXIM_a6
6. Treasury/OFAC Amends Cuban Assets Control Regulations, Implements U.S. Policy to Cuba

(Source: Federal Register, 9 Nov 2017.) [Excerpts.]
 
82 FR 51998-52004: Cuban Assets Control Regulations
* AGENCY: Office of Foreign Assets Control, Treasury.
* ACTION: Final rule.
* SUMMARY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is amending the Cuban Assets Control Regulations to implement the National Security Presidential Memorandum (NSPM), “Strengthening the Policy of the United States Toward Cuba,” signed by the President on June 16, 2017. These amendments implement changes to the authorizations for travel to Cuba and related transactions and restrict certain financial transactions. These amendments also implement certain technical and conforming changes.
* DATES: Effective: November 9, 2017.
* FOR FURTHER INFORMATION CONTACT: The Department of the Treasury’s Office of Foreign Assets Control: Assistant Director for Licensing, tel.: 202-622-2480, Assistant Director for Regulatory Affairs, tel.: 202-622-4855, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; or the Department of the Treasury’s Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202-622-2410.
* SUPPLEMENTARY INFORMATION: …
 
Financial Transactions
  Restrictions on direct financial transactions with certain entities and sub-entities. In accordance with section 3(a)(i) of the NSPM, the State Department is publishing a list of entities and sub-entities that are under the control of, or act for or on behalf of, the Cuban military, intelligence, or security service or personnel, and with which direct financial transactions would disproportionately benefit the Cuban military, intelligence, or security services or personnel at the expense of the Cuban people or private enterprise in Cuba–the State Department’s List of Restricted Entities and Sub-entities Associated with Cuba (“Cuba Restricted List”). In accordance with section 3(a)(ii) of the NSPM, OFAC is adding new Sec. 515.209 to restrict direct financial transactions with entities and sub-entities listed on the Cuba Restricted List. OFAC is making conforming edits to Sec. 515.421 to clarify that transactions ordinarily incident to licensed transactions do not include direct financial transactions with such entities and sub-entities if the terms of the applicable general or specific license expressly exclude such direct financial transactions.
  In order to implement this prohibition, OFAC is adding corresponding language in the following general licenses: Sec. Sec. 515.530, 515.534, 515.545, 515.560, 515.561, 515.564, 515.565, 515.566, 515.567, 515.572, 515.573, 515.574, 515.576, 515.577, 515.578, 515.581, 515.584, and 515.590. OFAC has not incorporated this prohibition into certain general licenses in accordance with the exceptions detailed in section 3(a)(iii) of the NSPM.
 
Travel and Related Transactions
  Educational travel. In accordance with section 3(b) of the NSPM, OFAC is revising the categories of educational travel currently set forth in Sec. 515.565(a)(1)-(6) to authorize travel that was permitted by regulation in effect on January 27, 2011.
  In addition, OFAC is adding the requirement set forth in the NSPM that certain categories of educational travel authorized by Sec. 515.565(a), which were not permitted by regulation in effect on January 27, 2011, take place under the auspices of an organization that is a person subject to U.S. jurisdiction. This requirement is incorporated in Sec. 515.565(a)(2). The same provision also now will require that all travelers must be accompanied by a person subject to U.S. jurisdiction who is an employee, paid consultant, agent, or other representative of the sponsoring organization, except in cases where the traveler is an employee, paid consultant, agent, or other representative traveling individually (not as part of a group), if the individual obtains a letter from the sponsoring organization. Such a letter must state that: (1) The individual is traveling to Cuba as an employee, paid consultant, agent, or other representative (including specifying the responsibilities of the individual that make him or her a representative) of the sponsoring organization; (2) the individual is acting for or on behalf of, or otherwise representing, the sponsoring organization; and (3) the individual’s travel to Cuba is related to his or her role at the sponsoring organization.
  In addition, OFAC is adding a “grandfathering” provision in Sec. 515.565(d) to authorize certain travel that previously was authorized where the traveler has already completed at least one travel-related transaction (such as purchasing a flight or reserving accommodation) prior to November 9, 2017.
  People-to-people educational travel. In accordance with section 3(b)(ii) of the NSPM, OFAC is amending Sec. 515.565(b) to require that people-to-people educational travel be conducted under the auspices of an organization that is subject to U.S. jurisdiction and that sponsors such exchanges to promote people-to-people contact, and that such travelers be accompanied by a person subject to U.S. jurisdiction who is an employee, paid consultant, agent, or other representative of the sponsoring organization. Travel-related transactions authorized pursuant to this section must be for the purpose of engaging, while in Cuba, in a full-time schedule of activities that enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from Cuban authorities; and result in meaningful interactions with individuals in Cuba. In addition, OFAC is adding a “grandfathering” provision in Sec. 515.565(e) to authorize certain people-to-people travel that previously was authorized where the traveler has already completed at least one travel-related transaction (such as purchasing a flight or reserving accommodation) prior to June 16, 2017.
  Support for the Cuban people. In accordance with section 3(b)(ii) of the NSPM, OFAC is amending Sec. 515.574 to require that each traveler engage in a full-time schedule of activities that result in meaningful interaction with individuals in Cuba and that enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from Cuban authorities.
 
Other Amendments
  Definition of prohibited officials of the Government of Cuba. In accordance with section 3(d) of the NSPM, OFAC is amending the definition of the term prohibited officials of the Government of Cuba in Sec. 515.337 to include certain additional individuals. The revised definition corresponds to that which was in place prior to October 17, 2016. …
 
  Dated: November 6, 2017.
John E. Smith, Director, Office of Foreign Assets Control.

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OGSOTHER GOVERNMENT SOURCES

OGS_a17
. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
 

(Source:
Federal Register)
 
* Treasury; Foreign Assets Control Office; RULES; Removal of Cote d’Ivoire Sanctions Regulations [Publication Date: 13 November 2017.] 

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(Source:
CSMS #17-000703, 9 Nov 2017.)
 
U.S. Customs and Border Protection (CBP) has posted updated Automated Commercial Environment (ACE) documents to CBP.gov, including:
 
  – general updates
  – CBP and Trade Automated Interface Requirements (CATAIR)
  – Partner Government Agency (PGA) documentation
 
The updated documents include:
 
GENERAL
 
 
CATAIR
 
* Draft DIS Chapter, including addition of FTZ Admission Number as allowed transaction Identifier:
* PGA Documentation
  – ACE PGA Corrections list, outlining which PGAs accept corrections to trade-submitted transactions in ACE.
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Regulations:
  – Commission Implementing Regulation (EU) 2017/2006 of 8 November 2017 amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya
 
Decisions:
  – Council Implementing Decision (CFSP) 2017/2008 of 8 November 2017 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya 
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We wish to inform you that with effect from 8 Nov 2017, Singapore will prohibit all commercially traded goods (exchanged for money or barter traded) from or to the Democratic People’s Republic of Korea (DPRK or North Korea), regardless of whether they are imported, exported, transhipped or brought in transit through Singapore.
 
For non-commercial [FN/1] transactions from or to the DPRK, prohibition applies to goods that are sanctioned under the United Nations Security Council (UNSC) Resolutions 2371 (2017) and 2375 (2017) as published in the Regulation of Imports and Exports (Amendment No. 2) Regulations 2017 which will also take effect on the same date (8 Nov 2017).  
 
PERMIT APPLICATIONS FOR NON-COMMERCIAL TRANSACTIONS THAT ARE IMPORTED FROM, EXPORTED, OR (RE-) EXPORTED TO AND TRANSHIPPED OR BROUGHT IN TRANSIT FROM OR TO THE DPRK THROUGH SINGAPORE
 
Traders should note that any non-commercial goods which are imported from, exported or re-exported to, or transhipped or brought in transit from or to the DPRK through Singapore, would require a TradeNet® permit which should be submitted to Customs at least 3 working days before the intended date of shipment.   Traders are also reminded to comply with all conditions stipulated in the approved permits.
 
PENALTIES
 
Under Regulation 6(1)(b) of the Regulation of Imports and Exports Regulations, the importation into, exportation from, and transhipment or transit through Singapore of any commercially traded goods and non-commercial goods which will contravene the decisions of the UNSC in resolutions made under Chapter VII of the United Nations Charter are prohibited.
 
Any person who contravenes any of these prohibitions shall be guilty of an offence and shall be liable to –
  (a) a fine of not exceeding S$100,000 or 3 times the value of the goods in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 2 years or to both, on the first conviction; and
  (b) a fine of not exceeding S$200,000 or 4 times the value of the goods in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding 3 years or to both, on the second or subsequent conviction.
 
MORE INFORMATION
 
Details on the UNSC sanctions can be found at https://www.customs.gov.sg > Businesses > United Nations Security Council Sanctions.
 
You may view the subsidiary legislation at Singapore Statutes Online.
 
————
  [FN/1] Non-commercial transactions include for example, personal or household effects, not listed in the Seventh Schedule, diplomatic correspondence or human corpses, human remains, human bones or cremated ashes as specified in Reg 5 (A) (2) (a), (b), or (c).
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The ASEAN Single Window (ASW) is an environment that connects and integrates the National Single Windows (NSWs) of ASEAN Member States (AMSs), thereby allowing the electronic exchange of data between the AMSs. Indonesia, Malaysia, Singapore and Viet Nam (hereinafter referred to as “exchange-ready AMSs”) will transit into the live operation of the ASW for the electronic exchange of Form D under the ATIGA on 1 Jan 2018.
 
Under the live operation, a Form D [FN/1] electronically transmitted (hereinafter referred to as “e-ATIGA Form D”) from Singapore to any of the 3 mentioned AMSs (i.e. Indonesia, Malaysia and Viet Nam) for an import will continue to enjoy preferential tariff treatment.  
 
PROCEDURES TO APPLY FOR e-ATIGA FORM D
 
To enable the transmission of an e-ATIGA Form D, the exporter and, if it does not have access to TradeNet®, its declaring agent, must be pre-registered with Singapore Customs. You may request for a copy of the registration form via email at customs_roo@customs.gov.sg.

There will be no change to the Form D application procedures in TradeNet®. However, the exporter or its declaring agent must access the approved Form D in TradeNet® (Backend) thereafter to authorise and trigger the transmission of the e-ATIGA Form D to the importing customs authority via the ASW. Further information on the latter will be provided to pre-registered entities.  
 
BACK-TO-BACK FORM D APPLICATION
 
With effect from 1 Jan 2018, you may refer to an e-ATIGA Form D issued in the first exporting AMS for your back-to-back Form D application, instead of providing the hardcopy Form D, if:
  (i) The goods originated from an exchange-ready AMS;
  (ii) The e-ATIGA Form D is issued on or after 1 Jan 2018; and
  (iii) You have successfully received the e-ATIGA Form D from the AMS in TradeNet®.  
 
To do so, please indicate “Original e-ATIGA Form D reference number [XXX]”, where “XXX” refers to the Certificate’s reference number, in the “Remarks” column of the corresponding TradeNet® declaration. All other documentary requirements remain.  
 
We strongly encourage you to also take up an e-ATIGA back-to-back Form D for your re-export to an exchange-ready AMS if the import into Singapore fulfills the conditions set out in paragraph 5.  
 
CLARIFIACTION
 
A list of frequently asked questions (FAQ) on the live operation of the ASW is provided in Annex A for your reference. If you require further clarification on the content of this circular, please write to customs_roo@customs.gov.sg.  
 
ANNEX A: FAQ
 
(1) Can I use an e-ATIGA Form D to claim preferential tariff treatment for my import into Singapore?
  We are only able to accept e-ATIGA Form D issued by an exporting AMS in live operation of the ASW for preferential tariff claim under the ATIGA. Currently, Singapore only grants preferential tariff treatment to originating stout/porter, beer including ale, medicated samsu and other samsu from The Philippines and Thailand under the ATIGA. However, neither of the two AMSs are ready to transit into live operation of the ASW on 1 Jan 2018.  
 
(2) Is the manufacturer still required to register with and submit manufacturing cost statements to Singapore Customs for verification if the exporter intends to apply for an e-ATIGA Form D for its export?
  Yes. The standard Certificate of Origin application procedures for locally-manufactured goods will still apply.  
 
(3) Can I still request for hardcopy Form D for my exports to Indonesia, Malaysia and Viet Nam?
  Yes. You can still obtain a hardcopy Form D although there is no need to if you already have an e-ATIGA Form D.
 
(4) The importing customs authority did not receive the e-ATIGA Form D. What should I do?
  Please write to customs_roo@customs.gov.sg with your company’s Unique Entity Number and the Form D reference number, and we will investigate the matter.
 
(5) How does the importer submit its preferential tariff claim to the importing customs authority with an e-ATIGA Form D?
  Please request the importer to consult its customs authority directly for the relevant information.  
 
(6) I have been informed by Singapore Customs that the e-ATIGA Form D quoted in my back-to-back Form D application cannot be found in TradeNet®. What should I do?
  This could be due to missing or erroneous details in the e-ATIGA Form D transmitted by the first exporting AMS. You may wish to inform your supplier to request the issuing authority in the AMS to rectify the issue and retransmit the e-ATIGA Form D. Alternatively, you may wish to request your supplier to obtain a hardcopy Form D for the import into Singapore.
 
————-
[FN/1] The preferential Certificate of Origin (CO) issued under ATIGA.
* * * * * * * * * * * * * * * * * * * *

NWSNEWS

(Source:
AD
, 11 Nov 2017.) [Translated from Dutch.]
 
A Dutch company has illegally delivered military goods to Russia. The enterprise will be prosecuted for violating military sanctions to Russia.
 
It is the first time that a Dutch company will be prosecuted for this reason. The company, based in Schiphol, exported a radar system in 2015 for the manufacturing of a Russian fighter, to Yekaterinburg. The parts were transported to a weapons manufacturer that builds fighter jets for the Russian army.
 
European companies are not authorized to transfer military goods to Russia since 2014. The European Union implemented this rule following the Russian annexation of the Crimean region of Ukraine. A year later, the freight forwarder flew two so-called OMB-units from Schiphol to Jekatierinaburg. The fighter jet that is being developed in Russia is supposed to go the Indian military. 

[Editor’s note: The name of the Dutch company is not mentioned in the article, but will be published in the Bugle when obtained.]
* * * * * * * * * * * * * * * * * * * *

(Source:
The Advertiser
, 8 Nov 2017.) [Excerpts; subscription required.]
 
The winners of the $50 billion Future Submarines project have been granted freedom to discriminate against certain nationalities to protect top-secret information from spies.
 
The exemption from discrimination laws means French designers Naval Group will be able to reject job applicants from countries including China and Russia, stopping them from getting on to the Osborne site.
 
The Advertiser has previously revealed that Chinese spies were trying to hack into all three original bidders for the project, and experts say almost all defence companies face espionage attacks.
 
Now, the South Australian Employment Tribunal has granted Naval Group immunity from the Equal Opportunity Act, which usually stops companies discriminating on the basis of nationality.
 
The tribunal found it was in the public interest to grant the exemption because without it, SA might lose some work on the 12 submarines being built for the Royal Australian Navy. …
* * * * * * * * * * * * * * * * * * * *

 
  (1) Canada sanctions 52 individuals under new Magnitsky law
  (2) US agencies deliver on promise for Cuba regulations
  (3) Société Générale braced for home country bribery probe
  (4) Bank of Dandong cut off from US finance
  (5) Former Rolls-Royce employees plead guilty to bribery
 
[Editor’s Note: Visit http://worldecr.com/ to subscribe to WorldECR, the journal of export controls and sanctions.]
* * * * * * * * * * * * * * * * * * * *

COMMCOMMENTARY

COMM_a217
. C. Todgham Cherniak: “Canada Lists Names: Canada Publishes Three Magnitsky Sanctions Lists”

(Source:
LexSage PC, 7 Nov 2017. Submitted to editor on 8 Nov 2017.)
* Author: Cyndee Todgham Cherniak, Esq, LexSage PC, cyndee@lexsage.com, 416-307-4168.
 
On November 3, 2017, Canada announced sanctions, promulgated regulations and published three lists of names under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (a.k.a. Canada’s Magnitsky Act) imposing sanctions against 52 individuals from Russian, Venezuela and South Sudan. The Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) received Royal Assent on October 18, 2017.
 
The Magnitsky-type sanctions, imposed against gross human rights abusers and corrupt foreign officials are currently prepared and promulgated on a country-by-country basis as separate regulations. As a result, there are three new lists of sanctioned persons under Canadian law. The three lists are:
 
  – Case 1: South Sudan (3 names);
  – Case 2: Venezuela (19 names); and
  – Case 3: Russia (30 names).
 
Canadian companies should review each list to ensure that they do not engage in prohibited activities with the named individuals.
 
The lists of names on the Magnitsky sanctions lists are not the identical names on the lists of listed persons under the Special Economic Measures Act for these three countries. As a result, it is also necessary to review the Special Economic Measures Act lists, which contain the names subject to Canada’s unilateral economic sanctions:
 
  – Canada’s Special Economic Measures Act list against Russia (93 individuals, 67 entities).
 
The inconsistencies in the various lists can be confusing. To simplify matters, persons in Canada and Canadians outside Canada must abide by all Canadian economic sanctions laws. If a person is not on one list, but is on another list, the dealings with that person are restricted. It is important to determine the laws that apply and the restrictions and sanctions imposed under each law. Persons in Canada and Canadians outside Canada cannot engage in the prohibited activity (ies) unless the Minister of Foreign Affairs issues a Ministerial Authorization or permit. This means, persons in Canada and Canadians outside Canada who deal internationally should be aware of Canada’s lists.
 
It is very important to check each of the above lists and the lists below to ensure that none of the individuals or entities involved in a proposed transaction is a designated or listed person under Canadian economic sanctions laws:
 
  – Freezing Assets of Corrupt Foreign Official Act: (i) Tunisian officials, and (ii) Ukrainian officials; and
  – Criminal Code – known terrorists – check the OFSI listing.
 
It is also necessary to review the United Nations sanctions lists of sanctioned persons because Canada does not have a consolidated list of sanctioned persons under United Nations Security Council Resolutions. A great place to look is the Consolidated United Nations Security Council Sanctions List.
 
Many Canadian companies (especially small and medium sized businesses) do not know what they should do or how they should start implementing the economic sanctions, trade restrictions and asset freezes. It is important to know what you are not allowed to do –
 
Pursuant to the Regulations under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), persons in Canada and Canadian-incorporated entities and Canadian citizens outside Canada are prohibited from:
 
  – Dealing, directly or indirectly, in any property of a designated foreign national;
  – Entering into or facilitating, directly or indirectly, of any financial transaction related to a dealing in property of a designated foreign national;
  – Providing financial services or any other services to, for the benefit of, or on the direction or order of, a designated foreign national;
  – Acquiring financial services or any other services for the benefit of, or on the direction or order of, a designated foreign national; and/or
  – Making available any property to a designated foreign national or to a person acting on his or her behalf.
 
The above prohibitions may be waived by the Minister of Foreign Affairs by way of permit issued under the Justice for Victims of Corrupt Foreign Officials Permit Authorization Order.
 
Due Diligence
 
We have put together a short list of recommendations of due diligence steps that Canadian companies should undertake to comply with Canadian sanctions laws and incorporate new lists into compliance programs (which does not cover every step required):
 
  (1) Review the applicable legislation and regulations in order to become familiar with the prohibited activities – each law and/or regulation may impose different forms of prohibitions or restrictions.
  (2) Arrange an internal meeting and bring together of team of people within your organization to implement the required changes to your business activities necessary to implement the economic sanctions, trade restrictions and asset freezes. For example, bring is the person in charge of compliance, head of the sales department, the head of the purchasing department, legal department, someone for risk assessment and someone from human resources. You may also wish to include someone from your IT department if computerized systems will need to be updated.
  (3) Review the computer systems to determine if your sell any goods or services or provide technical data to the sanctioned country. Yes, the economic sanctions, trade restrictions and asset freezes are against individuals – but all the individuals are from a particular country or are associated with a particular country. Printout any list of names that you find as connected with the countries subject to the new sanctions.
  (4) Check the list of names against the new list of designated persons and names in your system that closely resemble the names of designated persons – it is common for Canadian companies to misspell foreign names. Remove any names that are dissimilar from the list of designated persons and keep a list of matching and similar names (“Matched/Similar List of Names”).
  (5) Review your customer lists for the Matched/Similar List of Names. Take steps to stop doing business if you match a name to the designated persons list or a similar name. Inform the head of sales and the sales persons connected with the account that they can participate in no further business with the Matched/Similar Name. However, be prepared to review any challenges by persons with the same or similar names.
  (6) With respect to corporations who are customers/clients, check your records for a list of shareholders, directors, senior management, etc. Check the names of shareholders, directors and senior management against the new list of designated persons and identify names in your system that are the same as or closely resemble the names of designated persons. Take steps to stop doing business if you match a name to the designated persons list. However, be prepared to review any challenges by persons with the same or similar names.
  (7) With respect to partnerships who are customers/clients, check your records for a list of partners. Check the names of partners against the new list of designated persons and identify names in your system that are the same as or closely resemble the names of designated persons. Take steps to stop doing business if you match a name to the designated persons list. However, be prepared to review any challenges by persons with the same or similar names.
  (8) With respect to trusts who are customers/clients, check your records for a list of settlors and beneficiaries. Check the names of settlors and beneficiaries against the new list of designated persons and identify names in your system that are the same as or closely resemble the names of designated persons. Take steps to stop doing business if you match a name to the designated persons list. However, be prepared to review any challenges by persons with the same or similar names.
  (9) Check open purchase orders relating to the List of Names and any corporations, partnerships or trusts connected with the designated individuals (the “Expanded List of Names”). Check the new list of designated persons against the Expanded List of Names. Take steps to terminate the purchase order (that is not ship the goods or technical data or provide the services) if you match a name to the designated persons list. However, be prepared to review any challenges by persons with the same or similar names.
  (10) Check existing contracts relating to the Expanded List of Names. Check the new list of designated persons against the Expanded List of Names. Take steps to stop further activities under that contract if you match a name to the designated persons list. However, be prepared to review any challenges by persons with the same or similar names.
  (11) Check letters of credit and any financial arrangement relating to the Expanded List of Names. Check the new list of designated persons against the Expanded List of Names. Take steps to stop further issuance or credit or other financial dealing if you match a name to the designated persons list. However, be prepared to review any challenges by persons with the same or similar names.
  (12) If you hold property for clients (e.g., you are an investment portfolio manager), check for assets belonging to persons in the Expanded List of Names. Take steps to stop any transfer of property to that individual, corporation, partnership or trust if you match a name to the designated persons list. However, be prepared to review any challenges by persons with the same or similar names.
  (13) Condominium corporations and real property management companies should for assets belonging to persons in the Expanded List of Names. Take steps to stop any transfer of property to that individual, corporation, partnership or trust if you match a name to the designated persons list. However, be prepared to review any challenges by persons with the same or similar names.
  (14) If the designed persons are found in your computer systems (including corporations, partnerships and trusts associated with the designated persons), update for systems to flag those persons (and persons with similar names) so that you do not conduct any future business with those designated persons and that you freeze any existing assets.
  (15) If the designed persons are not found in your computer systems (including corporations, partnerships and trusts associated with the designated persons), update for systems to flag designated persons (and persons with similar names) so that you do not conduct any business with any designated persons.
  (16) Inform employees, agents, representatives, etc. that if they continue to do business with a designated person, they could cause the company to be subject to severe penalties and they may be subject to severe penalties under Canadian law. Inform them that circumventing the sanctions could lead to their termination with the company. Opening a new account in the name of a person not of the designated persons list in order to circumvent the computerized checks and balances should led to termination with cause.
  (17) Update your End Use Certificates precedent. If you do not currently use End Use Certificates, consider implementing a process to require end-use certificates for transactions with persons in sanctioned countries.
  (18) Update your Compliance Policies. If you do not currently do not have a Compliance Policy, consider preparing a Compliance Policy covering economic sanctions, export controls, trade restrictions and asset freezes.
  (19) Update any online training or in-person training you provide to employees, agents, representatives or schedule a training session with employees, agents and representatives. If you do not currently do not have a training program, consider preparing a training program covering Canadian laws.
  (20) If you have subsidiaries located in foreign jurisdictions (and in particular the region of the new sanctioned country), determine to what extent they are required to implement the new list of designated persons and repeat the above listed steps for each subsidiary.
  (21) If this is all too much for you or you do not know how to get started, call a lawyer who knowledgeable about economic sanctions and internal compliance.

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

(Source:
Volkov Law Group Blog, 7 Nov 2017. Reprinted by permission.)
 
* Author: Michael Volkov, Esq., Volkov Law Group, mvolkov@volkovlaw.com, 240-505-1992.
 
Global companies need to actively work to prevent fraud and corruption. Fraud and corruption go hand-in-hand. To commit bribery, bad actors have to gain access to money for unauthorized (illegal) purposes. A failure to prevent fraud and corruption can have significant legal, financial and reputational consequences.
 
Luckily, companies are devoting additional resources to assess fraud and bribery risks with specific focus on internal financial and compliance controls. In evaluating their internal controls, companies are paying greater attention to procedures for procurement, third-party risk management, internal and external communication of company codes of conduct, and related training programs.
 
Chief compliance officers face ever-increasing challenges in managing these programs, collecting data related to these functions and analyzing such data to make continuous improvements to the company’s anti-corruption compliance program. Ultimately, top management and the board of directors’ bear responsibility for the operation and effectiveness of the compliance program.
 
At the heart of an effective ethics and compliance program is an efficient governance framework that provides important information concerning potential violations of internal controls and compliance policies and procedures. The compliance function cannot operate in a silo where its policies and procedures are excluded from the company’s overall governance framework based on coordination and information sharing across corporate functions, such as finance, procurement, legal and human resources.
 
In today’s global economy, risks are not restricted to individual countries or even regional divisions. Instead, global risks transcend functional and geographic boundaries. As a result, companies have to employ effective internal controls and design key performance indicators for such controls.
 
The COSO (Committee of Sponsoring Organizations of the Treadway Commission) framework provides companies with a model for evaluating and managing a company’s set of risks. The COSO framework gives companies a foundation to build on financial reporting to include compliance reporting, and provides five cornerstones for strong corporate governance.
 
Transparency: Management standards and practices align with stated corporate values, allowing employees to feel safe in admitting mistakes or identifying weaknesses.
 
Adaptability: The Organization is able to respond to legal or regulatory changes or address a control failure in a timely manner.
 
Evidence: The organization can readily provide documents, records, objects and other items relating to the existence or non-existence of alleged or disputed facts.
 
Resources: Based upon a continuing risk assessment process, adequate money, materials, staff and other assets are allocated to enable the organization to meet its compliance objectives.
 
Accountability: It is clear who has responsibility for compliance activities, who answers for their completion, who is consulted when opinions are needed and who is to be informed about progress.
 
As I have often stated, compliance needs a seat at the business table and must be able to exercise line of sight across the business functions. A COSO framework is critical to integrate the compliance function into the overall business controls. This means greater coordination between the company’s CFO and CCO. It is no longer practical for CFOs to wall off compliance from the company’s internal controls – an effective governance framework mandates elimination of this artificial barrier between financial and compliance controls.
 
The elimination of this barrier between financial and compliance functions extends from headquarters to regional and local functions – financial and compliance staff have to coordinate and cooperate at every level for the system to work. All too often, I have observed companies with separate Sarbanes-Oxley staff responsible for financial reporting, global risk management, financial controllers and finance staff, and compliance staff, each of which fails to talk to each other, share information or operate with any joint purpose or coordination. Such an organizational framework is irrational and contrary to effective corporate governance principles.
 
[Editor’s Note: Part 2 of this item will be included in Monday, 13 November’s Daily Bugle]
* * * * * * * * * * * * * * * * * * * *

(Source:
alerts@t-b.com, 9 Nov 2017.)
* Authors: Roszel C. Thomsen II, Esq., roz@t-b.com; Antoinette D. Paytas, Esq., toni@t-b.com; and Maher M. Shomali, Esq., maher@t-b.com. All of Thomsen & Burke LLP.
 
Today, the U.S. government published changes to the export controls and sanctions on Cuba. These changes are made pursuant to the National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba (NSPM) and both loosen and tighten the trade restrictions.
 
One noteworthy loosening of the restrictions targets License Exception SCP (Support for the Cuban People) at 15 CFR 740.21. Previously, paragraph (b) of this license exception authorized exports to Cuba of items classified as EAR99 or subject only to Antiterrorism (AT) controls if the items (1) were of a certain type (e.g., building materials and tools) and going to private sector entities or (2) were going to private individuals. Under the new rule, there is no restriction on the types of items going to private sector entities provided the items are EAR99 or subject only to AT controls (except for medicines, medical devices, and agricultural commodities).
 
Therefore, many items can now be exported to private sector entities in Cuba under this license exception. The covered items include, for example, hardware and software products classified as mass-market encryption items under ECCNs 5A992/5D992 and networking equipment classified under ECCN 5A991.
 
Before using License Exception SCP, please note that there are some limitations. The items cannot primarily generate revenue for the government of Cuba or contribute to the operation of the Cuban government, including through the construction or renovation of state-owned buildings. There are also restricted parties in Cuba that were named today. Please review these limitations carefully before engaging in any activity, and be mindful of any activity incident to an export that may itself require a license (e.g., financial transactions, travel, interactions with government officials, etc.)
 
Aside from the changes to License Exception SCP noted above, there were several other regulatory changes, including:
 
  – A BIS policy of denial for the export or reexport of items destined to the Cuban military, police, intelligence, or security services
  – Publication of new restricted parties in Cuba, including the list of Cuban government officials’ ineligible to receive items exported under License Exceptions GFT, CCD, and SCP
 
WEB LINKS
 
  – OFAC FAQs
* * * * * * * * * * * * * * * * * * * *

(Source:
Export Law Blog
, 8 Nov 2017. Reprinted by permission.)
 
* Author: R. Clifton Burns, Esq., Bryan Cave LLP, Wash DC,
Clif.Burns@bryancave.com
, 202-508-6067).
 
The Office of Foreign Assets Control (“OFAC”) today announced the long-awaited (or, perhaps more accurately, long-feared) amendments to the Cuban Assets Control Regulations designed to limit travel by U.S. persons to Cuba. (U.S. persons remain free to travel without restriction to the China, Russia, the Philippines, Saudi Arabia, Burma, Zimbabwe and other countries run by dictators that systematically and egregiously violate human rights, but that’s another story.)
 
The changes are pretty much what had been anticipated. Financial transactions with listed companies in the Cuban military, intelligence, or security services sector are forbidden, meaning that many hotels and shops in Cuba will be off-limits to U.S. travelers. The full State Department list can be found here.  The rules leave the non-travel liberalizations that occurred during the last administration pretty much in place.
 
Interestingly, it appears that El Floridita, the legendary daiquiri factory and Hemingway haunt in Old Havana, was spared, even though it is almost certainly owned by GAESA, the military conglomerate with tentacles throughout the Cuban economy and the target of the new restrictions. So, for the moment at least, any American who makes it to Cuba won’t go to jail for stepping inside El Floridita.
 
And, of course, the biggest loophole that allowed U.S. travel to Cuba – self-guided “people-to-people” tours – was closed up. Or maybe not.
 
The general license for people-to-people tours is still available but the travel must be conducted under the auspices of an organization. Section 515.565(b) now states that people-to-people travel is authorized provided that it occurs “under the auspices of an organization that is a person subject to U.S. jurisdiction and that sponsors such exchanges to promote people-to-people contact.” Additionally, the rule now requires that an “employee, paid consultant, agent, or other representative of the sponsoring organization accompanies each group traveling to Cuba.” This employee must “ensure that each traveler has a full-time schedule of educational exchange activities.”
 
Do you see where I’m going on here? I mean let’s say that you and several other U.S. friends want to go to Cuba. What would prevent you from, say, forming a non-profit in your home state with a charter saying that the non-profit’s purpose is to promote people-to-people travel to Cuba? And then draft an employment agreement between one of the friends and the new non-profit? Then, off you go, to sip daiquiris at El Floridita as long as you don’t stay in Hotel Ambos Mundos (where Hemingway finished Death in the Afternoon and started To Have and Have Not).
 
Certainly, you must be thinking, there must be something to prohibit this. But no, there is not. The new FAQ 16 addresses the question “[w]hat is an “organization” in the people-to-people context?” It simply repeats the definition that such an organization is subject to U.S. jurisdiction and sponsors exchanges promoting people-to-people contact. FAQ 16 also makes clear that you can’t even have your home-brew non-profit apply for an OFAC license just to make sure you’re okay.
 
To the extent proposed travel falls within the scope of an existing general license, including group people-to-people educational travel, organizations subject to U.S. jurisdiction may proceed with sponsoring such travel without applying to OFAC for a specific license. It is OFAC’s policy not to grant applications for a specific license authorizing transactions where a general license is available
 
Because the rules say that this organization sponsors “exchanges,” you’re going to have to make two trips, I suppose, but beyond that it certainly seems to me that enterprising travelers can still do people-to-people tours without having to pay a million dollars to the Smithsonian to go on one of their tours and get trapped on a tour bus with Bob and Ethel Plimsdale.
 
¡Buen viaje!
* * * * * * * * * * * * * * * * * * * *

TEEX/IM TRAINING EVENTS & CONFERENCES

 
* What: In the Beginning…An Introduction to Israel’s Dual-Use and Defense Export Control System
* When: December 5, 2017; 1:00 p.m. (EST)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker: Ryan Cathie
* Register: Here or Danielle McClellan, 540-433-3977, danielle@learnexportcompliance.com.

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

TE_a222
. List of Approaching Events

(Sources: Editor and Event Sponsors) 
 
Published every Friday or last publication day of the week. Please, send event announcements to
jwbartlett@fullcirclecompliance.eu
, composed in the below format:

# DATE: LOCATION; “EVENT 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
 
* E-Seminars: “ITAR/EAR Awareness;” Export Compliance Solutions; spalmer@exportcompliancesolutions.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:

 

# Nov 13: Coventry, UK; “Coventry World Trade Summit;” Institute of Export and International Trade
* Nov 13: San Diego, CA; 
 “
Import Documentation and Procedures Seminar
;” International Business Training

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

* Nov 14-15; Schöllkrippen, Germany; ”
Fundamentals of Export Controls” (in German); FALEX
* Nov 14-15; Schöllkrippen, Germany; ”
Export Controls Refresher Course” (in German); FALEX
* Nov 15: Manchester, UK; ”
Post-Brexit Planning Workshop;” 

* 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 16: Chicago, IL;
 “
Import Documentation and Procedures Seminar
;” International Business Training
* Nov 16-17; Schöllkrippen, Germany; “Workshop Export Controls” (in German); FALEX 

*
 Nov 17: Kowloon, Hong Kong; “Hong Kong-Japan Joint Industry Outreach Seminar on Strategic Trade Control;” Hong Kong Special Administrative Region Government

*
 Nov 17: Chicago, IL; “
Import Audit Compliance Seminar
;” International Business Training
* Nov 22: London, UK; ”
International Documentation and Customs Compliance;” Institute of Export and International Trade
* 28-29 Nov: Munich, Germany; ”
US Defence Contracting and DFARS Compliance in Europe;” Institute of Export and International Trade

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


* Nov 29: Manchester, UK: ”
International Business Essentials;” IOEx


* Nov 30: Free Webinar; ”
Exporting Vehicles to Canada;” U.S. Census Bureau

* 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: Manchester, UK; ”
An Introduction to Exporting – Physical Goods;” IOEx

*
Dec 5
: Free Webinar; “
ACE AESDirect Demonstration
;
” U.S. Census Bureau

* Dec 5: Webinar; ”
NAFTA Rules of Origin;” International Business Training

* 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 5-6: New York, NY; ”
8th Annual Forum on Economic Sanctions;” American Conference Institute
*
 Dec 5-6: London, UK; “Customs Compliance in Partnership with HMRC;” IOEx

# Dec 6-7: Adelaide, Australia; ”
Defence Export Controls Outreach Program;” Australian Department of Defence/Defence Exports Controls

* Dec 6: London UK; ”
Intermediate Seminar;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* 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 7: London UK; ”
Beginners Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Dec 7: London UK; ”
Licences Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Dec 8: Boston, MA; ”
Export Expo;” Compliance Alliance and Massachusets Export Center
* Dec 8: Minneapolis, MN; ”
Incoterms 2010: Terms of Sale Seminar;” International Business Training
* Dec 8: Washington, D.C.; ”
2017 SIA Holiday Party;” Society for International Affairs (SIA)

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

* Dec 12: London, UK; ”
International Documentation & Customs Compliance;” IOEx

* Dec 12: London, UK; ”
Control List Classification – Combined Dual Use and Military;” UK Department for International Trade;  
denise.carter@trade.gsi.gov.uk 
* Dec 12-13: Los Angeles, CA; ”
Advanced Classification of Plastics and Rubber;” Global Trade Academy

* Dec 13: Washington, DC; “DDTC In-House Seminar;”

*
 Dec 14: Minneapolis, MN; “
Import Audit Compliance Seminar
;” International Business Training

* Dec 14: Manchester, UK; ”
UK & US Export Controls: A Basic Understanding;” Institute of Export and International Trade

* Dec 14: London, UK; ”
UK & US Export Controls: A Basic Understanding;” IOEx

* Dec 15: Atlanta, GA; ”
Incoterms 2010: Terms of Sale Seminar;” International Business Training


* Dec 19: Brussels, Belgium; ”
2017 Export Control Forum;” European Commission
* Dec 20: London, UK; ”
An Introduction to Exporting;” Institute of Export and International Trade

 
2018
 

* Jan 17: Bristol UK; ”
Intermediate Seminar;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Jan 18: Bristol UK; ”
Beginners Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Jan 18: Bristol UK; ”
Licences Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Jan 18: Bristol UK; ”
Control List Classification – Combined Dual Use and Military;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

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

# Jan 23-24: Houston, TX; “Complying with US Export Controls;” Bureau of Industry and Security

*
Jan 23: London, UK; “International Documentations and Customs Compliance;” Institute of Export and International Trade

# Jan 25: Houston TX; “Technology Controls;” Bureau of Industry and Security
* Jan 27: Indian Harbor Beach, FL (Melbourne area); ”
Global Challenges: A Conversation with James Clapper;” Rotary Club of Indialantic;


 
http://www.indialanticrotary.org/

321-952-2978.


Jan 29-30: Toronto, Canada;
7th Industry Forum on Export and Re-Export Compliance for Canadian Operations;”
American Conference Institute

*
 Jan 30: Miami, FL; “
Duty Drawback Specialist – Certification
;” Global Trade Academy 

* Jan 31: Washington, D.C.; “4th National Forum on CFIUS and Team Telecom;” American Conference Institute

* Feb 6: Las Vegas, NV;
 “
Import Documentation and Procedures Seminar
;” International Business Training
# Feb 6-7: San Diego, CA; “Complying with US Export Controls;” Bureau of Industry and Security 
# Feb 13-14: Miami, FL; “Complying with US Export Controls;” Bureau of Industry and Security 

* Feb 13-14: Orlando FL; “
ITAR/EAR Boot Camp
;” Export Compliance Solutions; 
spalmer@exportcompliancesolutions.com
; 866-238-4018

* Feb 19-22: Huntsville AL; “
ITAR Defense Trade Controls / EAR Export Controls Seminar
;” ECTI; 
jessica@learnexportcompliance.com
; 540-433-3977

* Feb 21: Newcastle UK; ”
Intermediate Seminar;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Feb 22: Newcastle UK; ”
Beginners Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Feb 22: Newcastle UK; ”
Licences Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Feb 22: Newcastle UK; ”
Control List Classification – Combined Dual Use and Military;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Mar 5-7: Sugar Land, TX; ”
2018 Winter Basics Conference;” Society for International Affairs (SIA)
* Mar 6-8: Orlando, FL; “
‘Partnering for Compliance’ East Export/Import Control Training and Education Program
;” Partnering for Compliance

*
 Mar 7: London, UK; “
Operations and Maintenance for Offshore Wind
;” ACI 

# Mar 7-8: Portland, OR; “Complying with US Export Controls;” Bureau of Industry and Security 

# Mar 9: Orlando, FL; “
Customs/Import Boot Camp
;” Partnering for Compliance

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

* Mar 14-15: Austin, TX; “
Establishing an ITAR/EAR Export Compliance Program
” Export Compliance Solutions;
spalmer@exportcompliancesolutions.com
;
866-238-4018 

* Mar 14: Birmingham UK; ”
Intermediate Seminar;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Mar 15: Birmingham UK; ”
Beginners Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Mar 15: Birmingham UK; ”
Licences Workshop;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

* Mar 15: Birmingham UK; ”
Control List Classification – Combined Dual Use and Military;” UK Department for International Trade;
denise.carter@trade.gsi.gov.uk 

# Mar 20-22: Nashville, TN;
 “Complying with US Export Controls;” 
Bureau of Industry and Security

# Mar 23; Nashville, TN; “How to Build an Export Compliance Program;” Bureau of Industry and Security
*
 Mar 26: East Rutherford, NJ; “
Advanced Classification of Plastics and Rubber
;” Global Trade Academy 

# Mar 27-28; Santa Clara, CA; ”
Export Control Forum;” Bureau of Industry and Security
#
 Apr 5-6; Des Moines, IA;
 “Complying with US Export Controls;” 
Bureau of Industry and Security 
# Apr 11-12; Denver, CO; “Complying with US Export Controls;” Bureau of Industry and Security 

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

*
 Apr 24: Los Angeles, CA; “
Duty Drawback Specialist – Certification
;” Global Trade Academy 
# Apr 25-26: Costa Mesa, CA; “Complying with US Export Controls;” Bureau of Industry and Security 

* Apr 30-May 3: Wash DC; “
ITAR Defense Trade Controls / EAR Export Controls Seminar
;” ECTI; 
jessica@learnexportcompliance.com
; 540-433-3977
# May 2-3; Scottsdale, AZ; “Complying with US Export Controls;” Bureau of Industry and Security 

* May 6-8: Toronto, Canada; ”
2018 ICPA Canadian Conference;” ICPA
* May 7-8: Denver, CO; ”
2018 Spring Advanced Conference;” Society for International Affairs (SIA)

# May 15-16; Cleveland, OH; “Complying with US Export Controls;” Bureau of Industry and Security 

* May 16-17: National Harbor, MD; “
ITAR/EAR Compliance: An Industry Perspective
;” Export Compliance Solutions;
spalmer@exportcompliancesolutions.com
;
 866-238-4018 

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

# Jun 6-7; Seattle, WA; “Complying with US Export Controls;” Bureau of Industry and Security 

* Jun 13: San Diego, CA; ”
Made in America, Buy America, or Buy American: Qualify your Goods and Increase Sales;” Global Trade Academy

*
 Jul 10: Chicago, IL; “
Duty Drawback Specialist – Certification
;” Global Trade Academy
# Jul 10-11: Columbia, SC;  “Complying with US Export Controls;” Bureau of Industry and Security

* Jul 10-11: Long Beach, CA; ”
ITAR/EAR Boot Camp;”  Export Compliance Solutions; 
spalmer@exportcompliancesolutions.com
; 866-238-4018

* Jul 17:
 Los Angeles, CA; “
Advanced Classification of Plastics and Rubber
;” Global Trade Academy
# Aug 14-15: Milpitas, CA;  “Complying with US Export Controls;” Bureau of Industry and Security

# Aug 16: Milpitas, CA “Encryption Controls;” 
Bureau of Industry and Security 

* Sep 12-13: Annapolis, MD; “
ITAR/EAR Boot Camp
;” Export Compliance Solutions; 
spalmer@exportcompliancesolutions.com
; 866-238-4018
# Sep 12-13: Los Angeles, CA; Complying with US Export Controls;” Bureau of Industry and Security
# Sep 12-13: Springfield, RI; Complying with US Export Controls;” Bureau of Industry and Security

*
Oct 22-23; Arlington, VA; “2018 Fall Advanced Conference;” Society for International Affairs (SIA)

*
 Nov 13: Tysons Corner, VA; “
Made in America, Buy America, or Buy American: Qualify your Goods and Increase Sales
;” Global Trade Academy 

*
 Nov 27: Houston, TX; “
Duty Drawback Specialist – Certification
;” Global Trade Academy 

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

ENEDITOR’S NOTES

EN_a123
. Bartlett’s Unfamiliar Quotations

(Source: Editor)

 
* Hedy Lamarr (born Hedwig Eva Maria Kiesler; 9 Nov 1914 – 19 Jan 2000; was an Austrian and American film star from the late 1930s to the 1950s. She was also an inventor who developed a radio guidance system for Allied torpedoes, which used spread spectrum and frequency hopping technology to defeat the threat of jamming by the Axis powers. Discovered by Hollywood film producer Louis B. Mayer, Mayer promoted Lamarr as the “world’s most beautiful woman.” She was married 6 times, but remained single for the last 35 years of her life.)
  – “The ladder of success in Hollywood is usually a press agent, actor, director, producer, leading man; and you are a star if you sleep with each of them in that order. Crude, but true.”
  – “If I were to name my favorite pastime, I’d have to say talking about myself. I love it and I think most other people do too.”
 
* Martin Luther (10 Nov 1483 – 18 Feb 1546; was a German professor of theology, composer, priest, and monk, and a seminal figure in the Protestant Reformation.)
  – “Let the wife make the husband glad to come home, and let him make her sorry to see him leave.”
  – Pray, and let God worry.”
 
* Fyodor Dostoevsky (Fyodor Mikhailovich Dostoyevsky; 11 Nov 1821 – 9 Feb 1881; was a Russian novelist, short story writer, essayist, journalist and philosopher. His most acclaimed works include Crime and Punishment (1866), The Idiot (1869), Demons (1872) and The Brothers Karamazov (1880). Dostoyevsky’s literary works explore human psychology in the troubled political, social, and spiritual atmospheres of 19th-century Russia. Many literary critics rate him as one of the greatest psychologists in world literature.)
  – “The soul is healed by being with children.”
 
Friday Funnies (a day early… since we are not publishing Friday):
 
C, E-flat, and G walk into a bar. The bartender says, “Sorry, but we don’t serve minors.” So, the E-flat leaves, and the C and the G have an open fifth between them. After a few drinks, the fifth is diminished; the G is out flat. An F comes in and tries to augment the situation, but is not sharp enough. Then a D comes into the bar and heads straight for the bathroom saying, “Excuse me. I’ll just be a second.” An A comes into the bar, but the bartender is not convinced that this relative of C is not a minor. Then the bartender notices a B-flat hiding at the end of the bar and exclaims, “Get out now! You’re the seventh minor I’ve found in this bar tonight.”
  — Sarah Gottlieb, Ashland, OR

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

EN_a224. 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 Sep 2017: 82 FR 45366-45408: Changes to the In-Bond Process [Effective Date: 27 Nov 2017.] 
 
DOD NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL (NISPOM): DoD 5220.22-M

  – Last Amendment: 18 May 2016: Change 2
: Implement an insider threat program; reporting requirements for Cleared Defense Contractors; alignment with Federal standards for classified information systems; incorporated and cancelled Supp. 1 to the NISPOM (Summary 
here
.)


EXPORT ADMINISTRATION REGULATIONS (EAR): 15 CFR Subtit. B, Ch. VII, Pts. 730-774 

  – Last Amendment:
9 Nov 2017: 82 FR 51983-51986: Amendments to Implement United States Policy Toward Cuba

  

FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders

  – Last Amendment:
9 Nov 2017: 82 FR 51998-52004: Cuban Assets Control 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, 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: 20 Oct 2017: 
Harmonized System Update 1707, c
ontaining 
27,291 ABI records and 5,164 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: 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: 1 Nov 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_a325
. 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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