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17-1127 Monday “Daily Bugle”

17-1127 Monday “Daily Bugle”

Monday, 27 November 2017

TOP
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[No items of interest noted today.] 

  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: Pilot Air Freight LLC of Lima, PA, to Pay $175,000 to Settle Alleged Export Violations
  3. Commerce/BIS: Bank of America to Pay $44,625 to Settle Alleged Antiboycott Violations
  4. DHS/CBP Releases Updated CATAIR Chapter
  5. State/DDTC: (No new postings.)
  6. EU Commission: “Report Shows EU Tightening its Export Control System for Strategic Products
  7. EU Commission Amends Directive 2009/43/EC on Intra-EU Transfers of Defense-Related Products
  8. UK DIT/ECO Amends Nine Open Licenses
  9. Singapore Customs Releases Circular Concerning the ROO Implementation under SAFTA
  10. Vietnam Customs: “Insufficient Information Makes Violation Detection Rate Through Risk Management Low”
  1. Euractiv: “Trade MEPs Want to Scrap all EU Export Restrictions on Encryption”
  2. The Mainichi: “Student Suspected of Illegally Shipping Military-Grade Night-Vision Camera to China”
  3. ST&R Trade Report: “Additional North Korea Sanctions Announced”
  4. Voice of America: “Texas Company Reports Selling Lethal Weapons to Ukraine”
  1. C. Burgess: “Iran Targeting International IP for Theft and Extortion”
  2. M. Volkov: “DOJ Continues Run on Individual FCPA Criminal Prosecutions”
  3. Gary Stanley’s ECR Tip of the Day
  1. Monday List of Ex/Im Job Openings: 121 Jobs Posted, Including 20 New Jobs
  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 (13 Nov 2017), FTR (20 Sep 2017), HTSUS (20 Oct 2017), ITAR (30 Aug 2017) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

[No items of interest noted today.] 

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

OGSOTHER GOVERNMENT SOURCES

OGS_a11. Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register

* State; NOTICES; Meetings: Advisory Committee on International Law [Publication Date: 28 Nov 2017.]
 
* Treasury/OFAC; NOTICES; Blocking or Unblocking of Persons and Properties [Publication Dates: 28 Nov 2017.]

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

OGS_a22.

Commerce/BIS: Pilot Air Freight LLC of Lima, PA, to Pay $175,000 to Settle Alleged Export Violations


(Source:
Commerce/BIS, 27 Nov 2017.) [Excerpts.]
 
* Respondent: Pilot Air Freight LLC a/k/a Pilot Air Freight Corp. of Lima, PA.
* Charges: On one occasion, in or about February 2015, Pilot Air Freight LLC a/k/a Pilot Air Freight Corp. (“Pilot”) of Lima, PA, caused, aided, and/or abetted a violation by the Regulations by facilitating the attempted unlicensed export of items subject to the Regulations from the United States to IKAN Engineering Services (“IKAN”), an entity in Pakistan listed on BIS’s Entity List. The items included an ultrasonic mill cutting machine, which is classified under Export Control Classification Number (“ECCN”) 2B991 and controlled for Anti-Terrorism reasons, and related electronical equipment, designated as EAR99, and were valued in total at approximately $250,287.
* Penalty:
  – A civil monetary penalty in the amount of $175,000. The payment of $100,000 shall be made to the U.S. Commerce Department within 30 days of the order. Payment of the remaining $75,000 shall be suspended through March 31, 2020 and thereafter shall be waved, provided that during the probationary period under the Order: Pilot has timely paid $100,000 to the Department of Commerce; has otherwise complied with the provisions of the Settlement Agreement and this Order; and has committed no other violation of the Act, or any regulation, order, license or authorization issued thereunder.
  – Pilot shall complete two external audits of its export compliance program.
* Debarred: Not if penalty is paid as agreed.
* Date of Order: 21 Nov 2017.

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

OGS_a33.

Commerce/BIS: Bank of America to Pay $44,625 to Settle Alleged Antiboycott Violations

(Source:
Commerce/BIS, 27 Nov 2017.) [Excerpts.]
             
* Respondent: Bank of America, NA
* Case No: 16.03
* Charges:
  – 1 Violation of 15 CFR 760.2(a), Refusal to do Business
  – 11 Violations of 15 CFR 760.2(d), Furnishing Information about Business Relationships with Boycotted Countries or Blacklisted Persons
  – 1 Violation of 15 CFR 760.5, Failing to Report the Receipt of a Request to Engage in a Restrictive Trade Practice or Foreign Boycott Against a Country Friendly to the United States
* Fine or Civil Settlement: Civil Settlement of $44,625
* Debarred: Not if penalty is paid as agreed.
* Date of Order: 13 Nov 2017.

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OGS_a44.

DHS/CBP Releases Updated CATAIR Chapter

(Source:
CSMS# 17-000738, 27 Nov 2017.)
 
An update to the Entry Summary Create/Update CATAIR chapter has been posted to CBP.gov. The updated CATAIR Chapter is located here.
 
Updates include the following information:
  – Updates for Puerto Rican Coffee Reporting (estimated deployment Feb 2018)
  – Adjustment of COBRA fees for Formal MPF, Informal MPF, Dutiable Mail Fee, and Manual Surcharge (production deployment scheduled 11/30/17, effective 1/1/18)
  – Updating reference for Canadian Softwood Lumber Export Permit to Atlantic Lumber Board Certificate
 
Refer to the CATAIR table of change for specific information.

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

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OGS_a66.

EU Commission: “Report Shows EU Tightening its Export Control System for Strategic Products”

(Source:
EU Commission, 21 Nov 2017.)
 
The European Commission’s annual report on controlling exports of products with both civilian and military use shows progress in tightening controls.
 
Covering 2016, the report points to clear progress in tightening controls on the export of sensitive ‘dual-use’ products, such as nuclear technology, chemical equipment or high-tech electronics, that can be used for both civilian or military purposes. Exports of such goods are controlled so as to prevent the proliferation of dangerous weapons that could affect international security, be misused for terrorism or cause human rights violations.
 
In 2016 the Commission made its annual proposal for modernizing EU export controls, and updated the EU list of dual-use items to incorporate modifications agreed in the multilateral export control regimes. These actions represented important steps forward towards updating and strengthening controls.
 
The report looks at the activities of the Dual-Use Coordination Group, a body made up of Commission and Member State officials. Positive developments include the Group’s development of an EU-level IT infrastructure for secure information exchange and its publishing of guidelines to help exporters apply controls.
 
The report also shows action taken by the Group to ensure transparency and dialogue with industry and academia, such as the EU Export Control Forum of 12 December 2016. The Forum provided stakeholders from industry and civil society the opportunity to discuss export control reform with representatives from the European Parliament, Member States and the Commission.
 
According to the report, in 2015 the value of controlled dual-use exports reached EUR 44 bn, representing 2.5% of total extra-EU exports.
 
The report forms part of the Commission’s efforts to enhance transparency and improve firms’ compliance and capacity to implement controls set out in its 2014 Communication and in its 2016 proposal.
 
The report was prepared by the Commission in collaboration with Member States in the ‘Dual Use Coordination Group’. The Commission has now sent the report to the European Parliament and the Council, both of which are currently examining the Commission’s 2016 proposal for modernizing EU export controls.

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

OGS_a77.

EU Commission Amends Directive 2009/43/EC on Intra-EU Transfers of Defense-Related Products 

 
Directive
* Commission Directive (EU) 2017/2054 of 8 November 2017 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defense-related products
 
[Editor’s Note: the EU notice concerning the updated Common Military List, adopted by the EU Council on 6 March 2017, is available 
here
. Member States shall adopt and publish, by 28 February 2018 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive, and they shall apply those provisions from 5 March 2018.]

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OGS_a88.

UK DIT/ECO
Amends
Nine Open
Licenses
 

(Source:
UK DIT/ECO
, 27 Nov 2017.)
 
The Export Control Organization (ECO) of the UK Department of International Trade (DIT) has amended nine open general export licenses following changes to the EU’s list of controlled dual-use items:
 
  – Turkey
 
The changes reflect amendments to the EU dual-use export control list in Annex I to Regulation (EC) No 428/2009 which are expected to come into force around 26 November.
 
The changes to the OGELs will come into force at 9:30am on 29 November 2017. The licenses will be available on GOV.UK – see links in the above list – at that time.
 
A summary of the proposed changes to the control lists can be found on the European Commission’s website.

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OGS_a99.

Singapore Customs Releases Circular Concerning the ROO Implementation under SAFTA

 
Singapore Customs has released circular no. 16/2017 concerning the implementation of the revised rules of origin (ROO) and origin procedures under the Singapore-Australia Free Trade Agreement (SAFTA).
 

The circular outlines the changes and new requirements in the revised SAFTA ROO and Origin Procedures, which is scheduled to take effect from 1 Dec 2017. The circular is available here

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OGS_a1010.

Vietnam Customs: “Insufficient Information Makes Violation Detection Rate Through Risk Management Low”

 
The violation detection rate through risk management for import and export is still low (below 1%), which partly due to inappropriate policies, insufficient information for analysis and assessment in order to serve the declaration channel classification. This was assessed by the Risk Management Department under the General Department of Vietnam Customs (GDVC) in the implementation of this task during the past time.
 
According to the statistics of the Risk Management Department, at the end of July, 2017, the Customs office have fulfilled procedures for more than 6 million import and export declarations, including 3,491,560 Green channel declarations (accounting for 57.53%), 2,273,515 Yellow channel declarations (accounting for 37.46%) and 304,337 Red channel declarations (accounting for 5.01%). In which, the rate of Yellow channel declarations was governed by around 60% of specialized management documents, and the Red channel declarations were 17%. The risk management for imported and exported goods has achieved progress and important results, contributing to the Customs reform and modernization.
 
Up to now, the GDVC has issued a Criteria Set, which is comprehensively applied to Customs operations. The channel classification and decision on inspection have basically met requirements on Customs management, reduced the inspection rate and ensured the trade facilitation, controlled the compliance of Customs law and facilitated import and export enterprises. Also, the Customs has actively controlled risk for key fields and areas of smuggling, tax evasion, and trade fraud.
 
However, the violation detection rate through paper examination and physical inspection is still low, below 1%. The Head of Risk Management Department explained that 3 factors affecting this result were: Mechanisms and policies; information and implementation. Presently, some mechanisms and policies had been not consistent and compatible with Customs management. That was, enterprises were permitted to declare 15 days before goods arrived at border gate. Thus, enterprises would know the result of channel classification in advance, which might affect the Customs inspection and control process. On the other hand, although the coordination regulation between the Risk Management Department and other Departments under the GDVC specified the information sharing, providing and updating to the system, the information updating to the system for search and exploitation was still limited. Customs officers in charge of risk management had not sufficient information to realize methods and tricks of smugglers for preparing plans in developing criteria of channel classification for inspection.
 
Regarding to restrictions in channel classification, a representative of Customs supervision and control Department said that the amendments and supplements to Circular No. 38/2015/TT-BTC and Decree no. 08/2015/ND-CP included contents related to pre-classification, cancellation, and correction of declarations and contents related to the competence of inspection. Accordingly, for imported goods, the result of channel classification was only informed when the goods arrived at border gate (except imported goods of authorized economic operators and imported goods for processing and manufacturing). For exported goods, the Customs would classify the channel as soon as the declaration was registered in order to comply with the export promotion policy as well as to strengthen inspection and supervision measures. In case of having a suspicion of infringing shipment, the Customs would stop the shipment at the supervision area to inspect before the shipment was transported to the seaport for export. Amendments to the declaration would follow the Customs Law 2014, which meant that after channel classification if enterprises wanted to amend their declarations, they would be sanctioned for administrative violation.
 
In order to improve quality and efficiency of risk management, the GDVC requested the Risk Management Department to develop Procedures on collecting and processing information for Customs risk management, in which detailing the information sharing, providing and processing between risk management unit and Customs operation units at all levels; stipulating obligations on updating information and results of Customs supervision and inspection, post-clearance audit and other operations to the Customs information system. At the same time, enhancing the management and assessment of enterprise’s compliance; risk assessment and classification in accordance with the actual situation of each area, each sector, industry, and operating-type to monitor and control in a timely fashion for enterprises at high risk.
 

   N.B. According to some Customs exports, it was required to make a full list of enterprises abusing the correction and cancellation of the declaration to avoid Customs inspection and control in order to correctly measure the violation detection rate through the channel classification, meaning that making a list of violation cases and cases of violation signs. Actually, the violations cases were discovered by not only physical inspection (Red channel), channel transfer from the Yellow channel into Red channel but also information collection and process for re-examination.
 

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NWSNEWS

NWS_a1
11. Euractiv: “Trade MEPs Want to Scrap all EU Export Restrictions on Encryption”

(Source: Euractiv, 23 Nov 2017, updated on 24 Nov 2017.)
 
MEPs want the European Commission to remove export control restrictions on technology products that use encryption.
 
A draft bill that will overhaul the EU’s export rules could force the Commission to get rid of restrictions on encryption exports in five to seven years, according to changes that MEPs in the European Parliament’s Trade Committee (INTA) made to the legislation.
 
A large majority of the committee approved its version of the bill on Thursday (23 November), with 34 MEPs in favour, one against and two abstentions.
 
One amendment from the lead MEP on the bill, German Green Klaus Buchner (Ökologisch-Demokratische Partei), asked the Commission to propose new legislation in five to seven years that will remove items containing cryptography from the list of so-called dual use products that need special approval before companies can sell them outside the EU. Dual use products are items that can be for either military or civilian use.
 
  “Cryptography technology does not belong in the scope of dual use export controls. It is the task of the Commission to introduce coordinated activity of Member States in the framework of the Wassenaar Arrangement to eliminate cryptography technology from the list of controlled items,” the MEPs’ justification for the amendment reads.
 
The Wassenaar arrangement is a broader international agreement on export control rules.
 
A spokesperson for the European Commission declined to comment on the vote.
 
The Commission proposed the update to the EU export rules last year. The new bill extends restrictions for the first time to technology products that be used for surveillance, and prevents firms from selling products abroad if they can damage human rights.
 
Dual use items can be used either as weapons or for civil purposes. The Commission proposed the overhaul as a response to reports that European firms sold surveillance software to governments that spied on citizens during the Arab Spring protests.
 
Buchner said after Thursday’s vote that he expects lobbyists to push back against several measures in the bill, including the removal of export controls on encryption before the legislation is voted by the full Parliament.
 
But he pointed out that MEPs from across the political spectrum supported his draft of the legislation, and he is confident that it won’t be diluted by more amendments ahead of the plenary vote.
 
  “Controlling cyber-surveillance with a human rights catch-all; closing down loopholes for circumvention; increasing transparency and our stance to remove the control of encryption from controls will stand strong in plenary,” he said.
 
MEPs must negotiate an agreement on the legislation with national governments and the Commission before it can go into effect.
 
The Commission’s proposal last year suggested new rules that would make it faster and easier to export encryption technologies because companies would no longer need to request approval for each product from national authorities. The Parliament wants to go a step further.
 
Dutch Liberal MEP Marietje Schaake pushed for the legislation to scrap all extra control rules for exporting encryption products.
 
  “In the 21st century it does not make sense anymore to control the export of encryption products,” Schaake said on Thursday.
 
Not all political groups joined the call to get rid of restrictions on encryption.
 
Christofer Fjellner, a Swedish MEP who led negotiations on the legislation for the centre-right EPP, the Parliament’s largest political group, is skeptical of an EU-level ban on export controls on encryption.
 
  “We need to ease (and gradually remove) some encryption controls. But for effective export control, it is essential that all countries adhere to the Wassenaar convention,” Fjellner told EURACTIV.com.
 
Fjellner wants the countries signed on to Wassenaar-there are 41-to agree on rolling back export restrictions on encryption products before the EU goes ahead with its own rule change.
 
Cybersecurity researchers argue that export restrictions can force companies to make their products less secure because they lower their standards to more easily comply with the rules.
 
Edin Omanovic, a research officer at the NGO Privacy International, said that “vulnerabilities introduced by stricter restrictions are still felt to this day” even after export rules on encryption were previously relaxed.
 
  “While the controls have been liberalised, it’s now time to finish the job. The only disappointment here is that the deletion doesn’t come sooner,” he said.
 
Tech companies have criticised some parts of the Commission’s bill. They argue, for example, that it couldl be difficult for firms to prove their products cannot potentially harm human rights.
 
But industry association DigitalEurope, which represents firms including Microsoft, Cisco and IBM, has pushed for the EU executive to lift export restrictions on encryption.
 
A spokesman for DigitalEurope called the Commission’s proposal to make export approval processes easier a move towards more up-to-date rules.
 
  “The next step is to challenge the controls as a whole in light of where we are today – and not 50 years ago,” he said.

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NWS_a2
12. The Mainichi: “Student Suspected of Illegally Shipping Military-Grade Night-Vision Camera to China”

(Source: The Mainichi, 25 Nov 2017.) [Excerpts.]
 
The [Tokyo] Metropolitan Police Department (MPD) sent papers to prosecutors on Nov. 24 accusing a Chinese exchange student of illegally exporting an infrared night-vision camera to a firm in China.
 
The Tokyo-based student, 22, is thought to have initially purchased the U.S.-made Star Safire III camera on an internet auction site. The camera had been removed from a Ministry of Land, Infrastructure, Transport and Tourism disaster response helicopter and put up for sale, even though it was supposed to be discarded.
 
The case file alleges that the student placed a bid of 550,000 yen (about $4,900) for the camera — which can also be used for military purposes — via a major internet auction site in February 2016. In May 2016, the student apparently sold the device to a firm in China for about 2.5 million yen ($22,400), and shipped it to the company via Hong Kong without any of the required Japanese government permits. … 

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NWS_a3
13. ST&R Trade Report: “Additional North Korea Sanctions Announced”

 
The Treasury Department announced Nov. 21 a set of additional sanctions aimed at disrupting North Korea’s illicit funding of its nuclear and ballistic missile programs. Specifically, Treasury has sanctioned one individual, 13 entities (including four Chinese companies), and 20 vessels in an effort to target third-country persons with longstanding commercial ties to North Korea as well as the transportation networks that facilitate North Korea’s revenue generation and operations.
 
Eleven designations were issued pursuant to Executive Order 13810, which targets, among others, persons that operate in the North Korean transportation industry, as well as persons who have engaged in a significant importation from or exportation to North Korea. The remaining entities were sanctioned pursuant to Executive Order 13722, which targets, among others, persons involved in the exportation of workers from North Korea, including exportation to generate revenue for the North Korean government or the Workers’ Party of Korea, and blocks the property and interests in property of the North Korean government and the Workers’ Party of Korea.

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NWS_a4
14. Voice of America: “Texas Company Reports Selling Lethal Weapons to Ukraine”

(Source: Voice of America, 24 Nov 2017.) [Excerpts.]
 
A U.S. company says it has been selling lethal weapons to Ukraine since last year, ahead of an expected decision by the Trump administration on whether to provide such weapons to Ukraine. …
 
Vandiver said the sales have been limited to short-range defensive weapons, principally Precision Shoulder Fired Rocket launchers (PSRLs), which are a redesigned and updated version of the widely deployed Soviet RPG-7 anti-tank weapon. Ukraine is engaged in a struggle against Russian-trained and funded separatists in its eastern region and fears an armored assault. …
 
Any sales of lethal weaponry to Ukraine marks a reversal of a non-binding policy implemented under the administration of former president Barack Obama.
 
  “In the formal sense, there is no embargo on Ukraine, but you could say that there is a de facto embargo,” said Michael Carpenter, senior director of the Biden Center for Diplomacy and Global Engagement at the University of Pennsylvania. “Formally speaking, [Obama] did not make a decision on sending weapons to Ukraine, so de facto that became an embargo.”
 
Any such U.S. military sales must be licensed by the State Department’s Directorate of Defense Trade Controls, which says it is restricted under federal regulations from commenting on commercial sales export licensing activity. … 
 

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COMMCOMMENTARY

COMM_a01
15. C. Burgess: “Iran Targeting International IP for Theft and Extortion”

(Source: CSO, 27 Nov 2017.) [Excerpts.]
 
* Author: Christopher Burgess served more than 30 years within the Central Intelligence Agency, and co-authored several books, including Secrets Stolen, Preventing Intellectual Property Theft and Economic Espionage in the 21st Century.
 
The U.S. Department of Justice indicted Behzad Mesri, aka Skote Vahshat, on charges of hacking into HBO and stealing Game of Thrones episodes. Following the theft of the unaired episodes, Mesri allegedly attempted to extort HBO for $6 million in Bitcoin.
 
Mesri, whose face now graces an FBI Wanted Poster, is not in custody. Apparently, he is well known to the FBI, which stated, Mesri had “previously hacked computer systems for the Iranian military.” …
 
Iran has successfully used a circuitous methodology to bypass the current technology embargos by creating or employing companies to act as middle men in their acquisition chain.
 
The Minnesota Star Tribune tells us of a Minnesota firm that was tricked into illegal shipments of “dual use” technology, “which can be used in civilian products or in weapons guidance systems that would fall under the international export controls.” The Minnesota firm sent the technology to a Malaysian company, Green Wave Telecommunication, which was acting as a procurement agent for the Iranian government. …
 
[Editor’s Note: due to copyright restrictions, we are not authorized to republish the entire article. To read the remaining sections, click on the source link below the item title.] 

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COMM_a2
16.
M. Volkov: “DOJ Continues Run on Individual FCPA Criminal Prosecutions

(Source: Volkov Law Group Blog, 26 Nov 2017. Reprinted by permission.)
 
* Author: Michael Volkov, Esq., Volkov Law Group, mvolkov@volkovlaw.com, +1 240-505-1992.
 
The Department of Justice announced criminal FCPA charges against two individuals in connection with bribery payments to foreign officials in Chad and Uganda. The Justice Department’s announcement occurred on the heels of unsealing criminal FCPA charges against 7 individuals arising from two separate investigations or enforcement actions.
 
The FCPA Unit’s recent actions underscore that the Yates Memorandum appears to have had an impact on the FCPA Unit’s focus and prosecution strategies. As we close out 2017, we are likely to see additional enforcement actions against companies and possible more individuals.
 
In the most recent announcement, the Justice Department charged Chi Ping Patrick Ho and Cheikh Gadio with FCPA conspiracy, violating the FCPA, money laundering conspiracy and international money laundering. Ho is linked to the China Energy Fund Committee, which is funded by the state-owned China Energy Company. Gadio is associated with a business development organization, Sarata Holding.
 
Ho and Gadio sought to disguise the payments as charitable contributions by funneling them through a non-governmental organization funded by the China Energy Company.
 
It is not known how law enforcement and prosecutors learned of the bribery scheme. There appear to be two possible scenarios – the large wire transactions through the New York banking system may have tripped SARs reporting requirements given the amount of money involved and the attempt to disguise the transactions by having the NGO funnel the money to the accounts. Alternatively, the Justice Department prosecuted several individuals associated with the United Nations and there could be cooperating witnesses who learned of the schemes since they were hatched in and around New York at the United Nations.
 
Ho and Gadio engaged in two bribery schemes – one in Chad and one in Uganda. Ho was the head of a non-governmental organization that holds “Special Consultative Status” with the United Nations Economic and Social Council. The Chinese energy conglomerate funds the NGO.
 
Ho and Gadio arranged to pay a $2 million bribe to the President of Chad in exchange for valuable and exclusive oil rights for China Energy Company in Chad. Gadio, a former foreign minister from Senegal, arranged the illegal bribery arrangement, and was paid $500,000 by Ho for his services.
 
Ho originally sought Gadio’s assistance to address environmental law violations against China Energy Company in Chad that resulted in $1.2 billion in fines. Gadio was able to introduce Ho to Chad’s senior government officials, and they were able to resolve the environmental matter, as well as address future business opportunities. Ho’s initial $2 million payment was disguised as a charitable contribution.
 
In the Uganda bribery scheme, Ho paid a $500,000 payment to an account designated by Uganda’s foreign minister (the former President of the UN General Assembly), and provided gifts and promised further benefits, including a joint venture position for development of oil properties, in exchange for lucrative business advantages, including the purchase of a Uganda bank.
 
Ho’s $500,000 bribery payment to Uganda’s foreign minister was disguised as a political contribution to the re-election of Uganda’s president, who already had been re-elected at the time of the payment.
 
The Justice Department’s prosecution of two more individuals for FCPA violations is significant because it may reflect a trend, probably the result of the Yates Memorandum, and a renewed focus on culpable individuals for FCPA violations.  DOJ may be reviewing other major FCPA settlements for culpable individuals and identifying other targets.  In the meantime, DOJ continues to line up individuals for FCPA prosecution.

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

(Source: Defense and Export-Import Update; available by subscription from
gstanley@glstrade.com
)
 
* Author: Gary Stanley, Esq., Global Legal Services, PC, +1 202-352-3059,
gstanley@glstrade.com
.
 

Information to the extent it is disclosed on the patent or an open (published) patent application available from or at any patent office is not subject to the EAR. The export or reexport of the information is not subject to the EAR because any person can obtain the technology from the public record and further disseminate or publish the information. For that reason, it is impossible to impose export controls that would restrict access to the information.

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MSEX/IM MOVERS & SHAKERS

MS_a218. Monday List of Ex/Im Job Openings; 121 Jobs Posted This Week, Including 20 New Jobs

(Source: Editor)  
 
Published every Monday or first business day of the week. Please, send job openings in the following format to jobs@fullcirclecompliance.eu.
 
* COMPANY; LOCATION; POSITION TITLE (WEBLINK); CONTACT INFORMATION; REQUISITION ID
 


#
” New or amended listing this week (
20
new jobs)

* Aerojet Rocketdyne; Huntsville, AL, or Camden, AR; 
Senior International Trade and Compliance Analyst
; Requisition ID: 12620

*
Arconic; Torrance, CA; Global Trade Compliance Manager – Import
*
ASM; Phoenix, AZ; Senior Manager Global Trade Compliance; Requisition ID: 7421

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

# BAE Systems; Nashua, NH;
Director of International Trade Compliance; Requisition ID: 31739BR
# BAE Systems; Manassas, VA;
Director of International Trade Compliance; Requisition ID: 31789BR
# BAE Systems; Radford, VA;
DoD Subcontracts Manager; Requisition ID: 33463BR
# BAE Systems; Nashua, NH;
Import Export Analyst II; Requisition ID: 26285BR
# BAE Systems; Washington, D.C.;
Mid-Level Compliance Support; Requisition ID: 25634BR

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

* Boecore; Colorado Springs; 
Export Compliance/Contracts Support
; Julie Perkins, 719-465-5341; Requisition ID: 8289



Boeing; Multiple Locations;
Trade Control Specialist
; Requisition ID: 
1700011280
# DroneShield; Warrenton, VA; Export Compliance Manager(through CyberCoders staffing agency)

* DynCorp International; San Juan, Puerto Rico

Contracts Manager Senior
;
 Requisition ID:
 
1704462

*
 DynCorp International; Tampa, FL; Foreign Disclosure Officer; Requisition ID: PR1701977

*
 DynCorp International; Fort Worth, TX; Contracts Manager Senior; Requisition ID: 1704797
# EoTech Technologies; Ann Arbor, MI; Trade Compliance Manager; Requisition ID: 092335

* Expeditors; Sunnyvale, CA;
Customs Compliance Supervisor;

* Expeditors; Atlanta, GA; 
Customs Brokerage Agent

* 
Expeditors; Minneapolis, MN; 
Global Logistics-Customs Brokerage Specialist
;


* Expeditors; Aalsmeerderbrug
, NH – Netherlands; 
Import en Export Control Medewerker

* Expeditors; Krefeld, Germany; 
Sachbearbeiter Import/ Export;
* Expeditors; Bedfont, United Kingdom;
Customs Brokerage Clerk;
* Expeditors; Birmingham, UK;
Customs Brokerage Agent;

* Expeditors; Düsseldorf, Germany;
Sachbearbeiter Luftfracht Import;
* Expeditors; Samutprakarn, Thailand; 
Customs Brokerage Agent;


* Export Solutions Inc.; Melbourne FL; 
Trade Compliance Specialist;
info@exportsolutionsinc.com

* EY; Belgium; 
Senior Consultant, Global Trade; Requisition ID: BEL000PT

* FD Associates; Tysons Corner, VA; 
Senior Export Compliance Associate;
 Send 
resume to and salary requirements to 
jobs@fdassociates.net 

* FLIR; Billerica, MA;
International Export/Import Analyst;

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

* General Atomics; Huntsville, AL;
Experienced Contracts Manager / Huntsville; Requisition ID: 
13018BR

* General Atomics; San Diego, CA;
Contract Administrator / International;
Requisition ID: 13449BR
* General Atomics; San Diego, CA;
Experienced FMS International Contracts Administrator; Requisition ID: 14721BR



General Dynamics Land Systems; Sterling Heights, MI; Licensing Officer
; Requisition IDSHC-LC-17-20056

* Geokinetics; Houston, TX;
Global Trade Compliance & Logistics Manager;

* Georgia Institute of Technology; Atlanta, GA; Research Associate I; Requisition ID: PVA37002

* Georgia Institute of Technology; Atlanta, GA; Research Associate II; Requisition ID: PVA37001 


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

* Henderson Group Unlimited; Inc; Washington, DC; 
Process Improvement Mgr
* Henderson Group Unlimited; Inc; Washington, DC; 
Defense Control Analyst

* Henderson Group Unlimited, Inc; Washington, DC; 
Compliance Analyst;

* Honeywell; Bucharest, Hungary; 
Import and Export Compliance Manager; HRD12868
# JCB North America; Pooler, GA;
Compliance Manager;
# JCB North America; Pooler, GA;
Government and Defense Product Manager;
* Johnson and Johnson; Skillman, NJ;
Export Trade Compliance Lead;

* Livingston International; El Segundo, CA;
Research Consultant – ECCN Classification;
* Livingston International; El Segundo, CA;
ECCN Classification;
* Livingston International; El Segundo, CA;
HTS Classification;

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

* Lockheed Martin; Fort Worth, TX;
Aeronautics International Trade Compliance Senior Manager; Requisition ID: 407329BR
* Lockheed Martin; Manassas, VA;
International Licensing Analyst; Requisition ID: 399617BR
* Lockheed Martin; Shelton, CT;
International Trade Compliance Manager; Requisition ID: 403295BR

* Lockheed Martin; Ft Worth, TX; 
Senior Regulatory Compliance Analyst; Requisition ID: 
406664BR

* Lockheed Martin; Ft Worth, Texas;
International Trade Compliance Engineer; Requisition ID: 
411049BR_1

* Lockheed Martin; Orlando, FL;
International Trade Compliance Engineer; Requisition ID: 
411049BR_2

#
LORD Corporation; Cary, NC; Global Trade Compliance Specialist; Requisition ID: REQ-17-528

* Lutron; Coopersburg, PA;
Trade Manager-Export; Requisition ID: 2926
# L-3 LINK Division; Tulsa, OK; 
Contracts Administrator 1; Requisition ID: 091686
# L-3 LINK Division; Arlington, TX;
Trade Compliance Practitioner / Empowered Official; Requisition ID: 089915
# L-3 Sensor Systems; Bristol, PA;
Assistant General Counsel; Requisition ID: 088621
# L-3 ALST; Orlando, FL;
Contracts Manager / Empowered Official; Requisition ID: 093069
# L-3 Warrior Sensor Systems; Middle East;
International Business Development Manager – Middle East Region; Requisition ID: 093343
# L-3 Technologies; Cincinnati, OH;
Trade Compliance Operations Associate and Contracts Administrator; Requisition ID: 092129
* Medtronic; Heerlen, The Netherlands;
Trade Compliance Analyst; Requisition ID: 16000DYY
* Medtronic; Minneapolis, MN; 
Global Trade Supply Chain Director; Requisition ID: 17000FU4

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

* Meggitt PLC; Simi Valley, CA;
Trade Compliance Officer;

* Meggit PLC; San Diego, CA; 
Trade Compliance Officer; Requisition ID: 28255

* NetApp; Vienna, VA;
Industrial Security Program Officer;

* Nortek Security & Control; Carlsbad, CA;
Global Logistics & Trade Compliance Analyst; Requisition ID: GLOBA01150
* North Dakota State University; Fargo, ND;
Director for Research Integrity Compliance; Requisition ID: 1700372

* Northrop Grumman; Herndon, VA;
Manager, International Trade Compliance 2; Requisition ID: 17014690
* Northrop Grumman; Herndon, VA;
Manager, International Trade Compliance 3; Requisition ID: 17020346

* Northrop Grumman; Rolling Meadows, IL;
International Trade Compliance Analyst 3; Requisition: 17015695
* Northrop Grumman; San Diego, CA; 
Reg Compliance Analyst 3/4; Requisition ID: 17016952
* Oracle; Portland, OR; 
Senior Customs Compliance Specialist;

* Orbital ATK; Mesa, AZ; 
International Trade Compliance Sr. Analyst
; Jonathan Yeomans; Requisition ID: 41622

* Orbital ATK; Mesa, AZ; 
International Trade Compliance Analyst;
Jonathan Yeomans; Requisition ID 42250

* OSI Optoelectronics; Hawthorne, CA;
Manager, Global Trade Compliance; Requisition ID: 12235; or contact 
Kim Butcher, Senior Talent Acquisition Partner;
* Pentair; Springfield, Illinois; 
Import/Export Compliance Specialist;

* Raytheon; Andover, MA; 
Global Trade Principal Advisor/Manager; Requisition ID: 103111BR

* 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

* SABIC; Houston TX; 
Senior Analyst, Trade Compliance
;  
Danielle.Cannata@sabic.com
; Requisition ID: 8411BR

* Science and Engineering Services, LLC (SES); Huntsville, AL; 
Trade Compliance Administrator; OR: Contact 
julia.lang@ses-i.com
* Science and Engineering Services, LLC (SES); Huntsville, AL; 
Technical Writer II/ Trade Compliance
OR: Contact  
julia.lang@ses-i.com

* Teledyne Relays, Inc.; Hawthorne, CA; 
Trade Compliance Specialist
; Req. ID 2017-5259
 

* Thermo Fisher Scientific; Minneapolis, MN; 
Global Trade Compliance Manager;
* Thermo Fisher Scientific; Waltham, MA;
Director, Global Trade Compliance;
* Thermo Fisher Scientific; Oakwood, OH;
Import/Export Coordinator;

* Thermo Fisher Scientific; Tokyo, Japan;
Import/Export Manager;

* Thermo Fisher Scientific; Shanghai, China; 
Compliance Director — China/APAC;


T
hermo Fisher Scientific; Yokohama, Japan; Compliance Specialist;

* Thermo Fisher Scientific; Waltham, MA; 
Government Contracts Specialist;
* Thermo Fisher Scientific; West Pam Beach, FL;
Government Contracts Specialist;
* Thermo Fisher Scientific; Bannockburn, IL;
Government Contracts Specialist;


Thermo Fisher Scientific; Sunnyvale, CA;
Government Contracts Specialist
;

*
 T
hermo Fisher Scientific; Madison, WI;
Government Contracts Specialist
;

* Tradewin; Portland, OR;
U.S. Export Compliance Consultant

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

*
United Technologies Corporation, UTC Aerospace Systems; Cheshire, CT; Senior Analyst, International Trade Compliance;
Requisition ID: 54662BR


* United Technologies Corporation, UTC Aerospace Systems; Pheonix, AZ;


Senior Manager, International Trade Compliance;
Requisition ID: 54860BR

* United Technologies Corporation, UTC Aerospace Systems; Chula Vista, CA;
International Trade Compliance Specialist
; Requisition ID: 54684BR
* United Technologies Corporation, UTC Aerospace Systems; Foley, AL; 
ITC Site Lead
; Requisition ID: 54820BR

* The University of Georgia; Athens, GA; 
Director of the Center for International Trade & Security; Requisition ID: 2017_00504F

* Vigilant; Remote Opportunity; 
Classification Specialist

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

* Vigilant; Negotiable Location, USA;
Global Trade Compliance Analyst;

* Varian Medical Systems; Palo Alto, CA, Washington, D.C., or Atlanta, GA; 
Export/Sanctions Compliance Analyst; Req ID 12270BR

* Varian Medical Systems; Palo Alto, CA, Washington, D.C., or Atlanta, GA;  
Export/Sanctions Counsel; eq ID 12271BR

* Vista Outdoor; Overland Park, KS;
Import Specialist; Requisition ID: R0002750 or contact
holly.greenwood@vistaoutdoor.com
* Vista Outdoor; Olathe, KS;
Global Logistics Manager

* Wurth Industry of North America; Sanford, FL; 
International Trade Compliance Specialist
; Requisition ID: 473-720

#
Xilinx, Inc.; San Jose, CA; 
Global Trade Compliance Manager; Requisition ID: 154441
#
Xilinx, Inc.; San Jose, CA; 
Global Trade Compliance Program Manager; Requisition ID: 154442


# Xylem, Inc.; Any Location, United States; Manager, Global Ethics & Compliance

# ZT Systems; Secaucus, NJ; Import/Export Compliance Manager;

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

ENEDITOR’S NOTES

 

* Andrew Carnegie (25 Nov 1835 – 11 Aug 1919; was a Scottish-American industrialist, business magnate, and philanthropist.)
  – “Do not look for approval except for the consciousness of doing your best.”
 
* Charles A. Beard (Charles Austin Beard; 27 Nov 1874 – 1 Sep 1948; was, with Frederick Jackson Turner, one of the most influential American historians of the first half of the 20th century. Beard’s most influential book, An Economic Interpretation of the Constitution of the United States (1913), has been the subject of great controversy ever since its publication. While frequently criticized for its methodology and conclusions, it was responsible for a wide-ranging reinterpretation of American history of the founding era.)
  – “When it is dark enough, you can see the stars.”
 
Monday is pun day:
 
* Q. What do you call a dinosaur with an extensive vocabulary?
   A. A thesaurus.
 
* England has no kidney bank, but it does have a Liverpool.
 
* I used to be a banker, but I lost interest.

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

EN_a320
. 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: 13 Nov 2017: 82 FR 52209-52210: Removal of Côte d’Ivoire 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: 20 Oct 2017: Harmonized System Update 1707, containing 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: 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: 19 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_a0321. 
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.

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