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17-1222 Friday “Daily Bugle”

17-1222 Friday “Daily Bugle”

Friday, 22 December 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 Contact us for advertising inquiries and rates(Note: The Bugle will not be published Monday, 25 December, Christmas Day.  Merry Christmas and Happy Holidays!)

[No items of interest noted today.] 

  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS Renews TDO Concerning Mahan Airways, Denies Export Privileges to 2 Entities in UAE
  3. DHS/CBP Announces EEI Requirements for EPA, Effective 31 Dec
  4. DoD/DSCA Publishes Transportation Surchage Account Policy Memo  
  5. State/DDTC Publishes Announcements Concerning Name Changes, Internal Corporate Reorganization
  6. EU Amends Restrictive Measures Concerning Somalia and Ukraine
  7. EU Commission Releases 2017 Export Control Forum Summary
  1. Dayton Daily News: “Prosecutors: Local Airman Who Sold Night Vision Goggles on eBay Should Get Prison”
  2. Inside Cybersecurity: “Revisions to Wassenaar Cyber Export Control Agreement Gain Industry Support”
  3. Reuters: “U.N. Security Council Imposes New Sanctions on North Korea”
  4. ST&R Trade Report: “Dates and Deadlines: Drawback, Chemicals, Wood Products, Import Forms”
  1. D. Salvey: “BIS/CBP Message to Santa Claus”
  2. J. Reeves: “ATF Seeking Comments on Advance Notice of Proposed Rulemaking on Bump Fire Stocks”
  3. T. Murphy: “GSP Expiration Part II”
  4. Gary Stanley’s ECR Tip of the Day
  1. Full Circle Compliance and the Netherlands Defense Academy Will Present “Winter School at the Castle”, 5-9 Feb 2018 in Breda, the Netherlands
  2. DHS/CBP Makes New ACE Training Available
  3. List of Approaching Events – 19 New Events Listed
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Changes: ATF (15 Jan 2016), Customs (8 Dec 2017), DOD/NISPOM (18 May 2016), EAR (20 Dec 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.]

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OGSOTHER GOVERNMENT SOURCES

OGS_a11
. Items Scheduled for Publication in Future Federal Register Editions
 

(Source:
Federal Register)
* Justice/ATF; PROPOSED RULES; Application of the Definition of Machinegun to Bump Fire Stocks and Other Similar Devices [this Federal Register Notice was withdrawn on 21 Dec 2017 due to technical orders, but resubmitted today. Publication Date: 26 Dec 2017.]

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OGS_a22.

Commerce/BIS Renews TDO Concerning Mahan Airways, Denies Export Privileges to 2 Entities in UAE

(Source:
Commerce/BIS, 21 Dec 2017.) [Excerpts.]
 
* Respondents: Saeid Yahya Charkhian (“Charkhian”), and Caspian Industrial Machinery Supply LLC (“Caspian”) of Dubai, both of Dubai, United Arab Emirates (“UAE”).
* Charges as to both Charkhian and Caspian:
  – 15 C.F.R. Part 764.2(e) – Acting with Knowledge.
* Charges to Charkhian only:
  – 15 C.F.R. Part 764.2(g) – False or Misleading Statement.
* Order: Charkhian and Caspian are denied export privileges for a period of 12 years from the date of this order.
* Date of Order: 21 December 2017.
 
 
* Respondent: Mahan Airways of Tehran, Iran, and others.
* Order: Pursuant to section 766.24 of the Export Administration Regulations, the request of the Office of Export Enforcement (“OEE”) to renew the Temporary Denial Order (“TDO”) concerning Mahan Airways, and others, issued on 27 June 2017 and modified on 16 November 2017, BIS finds it necessary in the public interest to prevent an imminent violation of the EAR. This order is effective immediately and shall remain in effect for 180 days.
* Date of Order: 20 December 2017. 

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OGS_a3
3.

DHS/CBP Announces EEI Requirements for EPA, Effective 31 Dec

(Source:
CSMS# 17-000796, 21 Dec 2017.)
 
Starting December 31, 2017, exporters of RCRA (Resource Conservation and Recovery Act) manifested hazardous waste for recycling or disposal, spent lead-acid batteries (SLABs) being shipped for recovery of lead, and universal waste (UW) being shipped for recycling or disposal must comply with filing EPA-specific information as part of their Electronic Export Information (EEI) filing in the Automated Export System (AES) per EPA regulations in 40 CFR 263.83(a)(6)(ii). Exporters of whole or broken cathode ray tubes (CRTs) being shipped for recycling must similarly comply with filing EPA-specific information in AES per 40 CFR 261.39(a)(5)(v)(B) starting on that date. Both EPA regulations require filing the EPA-specific items in the EEI, along with the other information required under 15 CFR 30.6.
 
EPA’s Acknowledgement of Consent (AOC) meets the definition of an export license under U.S. Census Bureau regulations at 15 CFR 30.1. As such, RCRA exporters are already required to file the EEI in AES regardless of shipment value or destination country under 15 CFR 30.2(a)(iv)(F). RCRA exporters are also required to file in AES predeparture in accordance with 15 CFR 30.4(b).
 
Information pertaining to submitting EPA data within the EEI can be found here.

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OGS_a4
4.

DoD/DSCA Publishes Transportation Surcharge Account Policy Memo

(Source:
DoD/DSCA, 22 Dec 2017.)
 
* DSCA Policy Memo 17-53 Correction to the New Transportation Surcharge Account for Foreign Military Sales (FMS) Programs Funded with Time Limited Appropriations has been posted. 
This memorandum adds a new transportation Surcharge Account and identifies the line of accounting that should be used when loading information into shipping and billing systems for the new Building Partnership Capacity (BPC) programs established by the FY17 National Defense Authorization Act (NDAA). Memo rescinds
DSCA Policy 17-51
.

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OGS_a5
5.

State/DDTC Publishes Announcements Concerning Name Changes, Internal Corporate Reorganization

(Source:
State/DDTC, 21 and 22 Dec 2017.) [Excerpts.]
 
 
Effective January 3, 2018, Airbus Military France SAS will change as follows: Airbus Defence and Space SAS.  Due to the volume of authorizations requiring amendments to reflect this change, the Deputy Assistant Secretary for Defense Trade Controls is exercising the authority under 22 CFR 126.3 to waive the requirement for amendments to change currently approved license authorizations.  The amendment waiver does not apply to approved or pending agreements. …
 
 
Effective February 28, 2018, Celestica International Inc. will change as follows: Celestica International L.P.  Due to the volume of authorizations requiring amendments to reflect this change, the Deputy Assistant Secretary for Defense Trade Controls is exercising the authority under 22 CFR 126.3 to waive the requirement for amendments to change currently approved license authorizations.  The amendment waiver does not apply to approved or pending agreements. …
 
 
Effective immediately, due to internal corporate reorganization, HENSOLDT Holding Germany GmbH has become a party to DSP authorizations (including agreements) to which HENSOLDT Sensors GmbH and/or HENSOLDT Optronics GmbH, its German operating subsidiaries, are a party.  Due to the volume of authorizations requiring amendments to reflect this change, the Deputy Assistant Secretary for Defense Trade Controls is exercising the authority under 22 CFR 126.3 to waive the requirement for amendments to change currently approved license authorizations.  The amendment waiver does not apply to approved or pending agreements. … 

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OGS_a6
6.

EU Amends Restrictive Measures Concerning Somalia and Ukraine

 
Regulations:
* Council Regulation (EU) 2017/2415 of 21 December 2017 amending Regulation (EU) No 356/2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia
 
Decisions:
* Council Decision (CFSP) 2017/2426 of 21 December 2017 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine
* Council Decision (CFSP) 2017/2427 of 21 December 2017 amending Decision 2010/231/CFSP concerning restrictive measures against Somalia

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OGS_a7
7.

EU Commission Releases 2017 Export Control Forum Summary

(Source:
EU Commission, 21 Dec 2017.)
 
The 2017 Export Control Forum, which took place on 19 December in Brussels, brought together export control officials from EU institutions and Member States with industry associations and exporters, manufacturers and other economic operators involved in production or trade of dual-use items, as well as representatives of civil society and academia. … 
 
  – Recorded web stream of the 2017 Export Control Forum. 
 
Morning Session: EU Export Control 2017 – the State of play
 
– The proliferation threat landscape in 2017: mounting dangers? 
– 
EU implementation of controls in 2016-2017: the year in retrospect 
  – 
Focus 1: Industry as the “first line of defence”: towards effective company compliance 
  – 
Focus 2: Export controls in cyber space: where do we stand?
  – 
Focus 3: Towards “e-control”: the development of the EU export control network and the long march towards e-licensing

Afternoon Session: Commission proposal for a modernization of EU export control policy: a year in retrospect 
 
– The European Parliament perspective(s): setting the rules for a brave new cyber world?
– The Council perspective(s): pondering next generation export controls?
– Industry perspectives on the modernization of EU export controls: a SWOT analysis
– Civil society perspectives: promoting global rules for global surveillance

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NWSNEWS

NWS_aa1
8.

Dayton Daily News: “Prosecutors: Local Airman Who Sold Night Vision Goggles on eBay Should Get Prison”

(Source:
Dayton Daily News, 21 Dec 2017.) [Excerpts.]
 
The man who stole night vision goggles and other equipment and sold them on eBay for $154,000 while an active-duty member at Wright-Patterson Air Force Base will get prison time if a judge follows the recommendation of federal prosecutors.
 
A sentencing memorandum filed last month in U.S. District Court in the Eastern District of New York said that Zachary Sizemore “should be sentenced to (12 to 18 months) of imprisonment for his theft and sale of sensitive United States military technology,” adding that Sizemore “betrayed his fellow service members.” …
 
The sentencing memo written by assistant U.S. attorney Nomi Berenson said a person who purchased a night vision goggle (NVG) and a mini-thermal monocular (MTM) is a foreign national and that “had law enforcement authorities not intercepted the packages, they would have been exported from the United States.”
 
The memo also states the technology is on the International Traffic in Arms “Munitions List” and requires a license to be exported to a foreign country. …
 

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NWS_a2
9.

Inside Cybersecurity: “Revisions to Wassenaar Cyber Export Control Agreement Gain Industry Support”

(Source:
Inside Cybersecurity, 22 Dec 2017.) [Excerpts. Subscription required.]
 
International negotiators made changes to an arms-control agreement that for years had troubled U.S. tech companies — which argued the export controls could undermine cybersecurity improvements — with the latest revisions drawing industry applause as well as calls for additional changes.
 

At issue is the so-called Wassenaar Arrangement for restricting access to conventional arms and “dual-use goods,” which was expanded several years ago to include “intrusion” software… 

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NWS_a3
10.

Reuters: “U.N. Security Council Imposes New Sanctions on North Korea”

(Source:
Reuters, 22 Dec 2017.) [Excerpts.]
 
The U.N. Security Council on Friday unanimously imposed new sanctions on North Korea following its latest intercontinental ballistic missile test, a move that analysts said could have a significant impact on the isolated country’s struggling economy.
 
The resolution seeks to ban nearly 90 percent of refined petroleum product exports to North Korea by capping them at 500,000 barrels a year and, in what diplomats said was a last-minute change, demands the repatriation of North Koreans working abroad within 24 months, instead of 12 months as first proposed.
 
The U.S.-drafted resolution would also cap crude oil supplies to North Korea at 4 million barrels a year. The United States has been calling on China to limit its oil supply to its neighbor and ally. … 

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NWS_a4
11.

ST&R Trade Report: “Dates and Deadlines: Drawback, Chemicals, Wood Products, Import Forms”

 
Following are highlights of regulatory effective dates and deadlines and federal agency meetings coming up in the next week.
 
– 26 Dec: deadline for comments to ATF on records of explosives imports
– 27 Dec: deadline for comments on CPSC proposal to eliminate third-party testing for engineered wood products in children’s items
– 28 Dec: deadline for comments to Treasury Dept. on drawback and export information collections
– 29 Dec: deadline for comments on USDA information collections on nursery stock, tomatoes
– 29 Dec: effective date of USDA final rule allowing imports of fresh mango from Vietnam
– 29 Dec: deadline for comments to BIS on impact of Chemical Weapons Convention on Schedule 1 chemicals

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COMMCOMMENTARY

COMM_a1
12. D. Salvey: “BIS/CBP Message to Santa Claus”

(Source: Editor, 15 Dec 2017.)
 
* Author: Dennis Salvey, Director of Logistics and Trade Compliance, VT iDirect Inc., dsalvey@idirect.net.
 
Joint Notice to Mr. S. Claus from BIS & CBP Enforcement:
 
We have reviewed your Voluntary Self Disclosure to OEE and your Prior Disclosure to CBP, but we regret to inform you that your annual USA imports and worldwide exports of toys and gifts from the North Pole via USA will not be permitted this year due to multiple trade compliance violations. Until the below listed alleged violations are resolved, your enterprise is suspended from its normal course of business.
 
  (a) You have consistently failed to file the proper customs declarations, export licenses, and documentation with CBP and BIS. The EAR includes in the definition of an export as being the movement of goods, services, toys, gifts, or technology from the U.S. to any other country by any means including reindeer powered sleds. There is no exception or waiver for movement by magic as claimed in your VSD and PD.
 
  (b) Incorrect application of Incoterm DDP and use of counterfeit carnets for fly-over countries has resulted in millions of gifts held by Customs agencies around the world as you are not a registered importer in any country in which you do business.  Although all of your recipients wanted to receive those gifts, not one of them was willing to act as the Importer of Record. The exception was little Billy Johnson of Des Moines, Iowa, who attempted to bribe a CBP officer with candy canes, and now faces multiple federal charges. The total fines for storage by the respective Customs agencies are 2.5 gazillion dollars, which must be paid before the gifts can be released. Be advised that Monopoly money is not acceptable currency.
 
  (c) Regarding the North Pole as Country of Origin, you claim that all of the material used in the making of every gift as well as all of the labor is a direct product of the North Pole. The World Customs Organization cannot verify that the materials needed to make all of these gifts could conceivably come from the North Pole. The criteria of “Grown, Produced, or Manufactured in a specific country” used to determine origin does not recognize “magic” as part of these criteria. 
 
  (d) Charges of unfair labor practices have been filed against you with the World Court by a group known as the International Brotherhood of Elves.
 
  (e) TSA has declared you as an “unknown shipper.”
 
  (f) Other Related Non-OEE/CBP Issues:
  – We are astonished at the number of paternity suits being filed against you over the world. These suits all include evidence from witnesses stating, “I saw Mommy kissing Santa Clause underneath the mistletoe last night.” We cannot guarantee that Mrs. Clause will not become aware of them at some point.
  – Your passport expired December 24, 1611. The U.S. will require an I-129 for your brief employment within U.S. borders each year certifying that you do not require an export license for “Deemed Exports.”
  – The EPA and equivalent agencies around the world are investigating complaints of excessive reindeer emissions (droppings). The fact that some farmers welcome this will not be considered a mitigating factor when and if the case goes to court.
  – Your “naughty / nice” list has raised concerns. Servicing those on the nice list while refusing to do business with those on the naughty list is a direct violation of the U.S. Antiboycott and anti-discrimination laws.
  – Investigations into privacy laws have also been opened concerning the allegation that “you see them when their sleeping and know when their awake”. However, all of these investigations will be dropped if you surrender the Intellectual Property rights to these methods to the CIA, FBI, M5, Mossad, and the KGB.
  – The red blinking light on Rudolf’s nose interferes with air traffic control.
  – The World Health Organization will be rescinding your status as a role model due to your weight and poor diet of milk and cookies at every house. This is not the type of example they expect from a person that children look up to.
 
Until each of the above issues is resolved you are hereby ordered to cease and desist your annual distribution or holiday cheer-spreading, as you refer to it.

PS: An exception will be made for gifts to DHS/HSI, OEE, and CBP.  Our wish lists are attached. 🙂 

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COMM_a2
13.

J. Reeves: “ATF Seeking Comments on Advance Notice of Proposed Rulemaking on Bump Fire Stocks”

(Source:
R/D Alert, 21 Dec 2017.)
 
* Author: Johanna Reeves, Esq., Reeves & Dola, jreeves@reevesdola.com, 202-715-9941.
 
On December 21, ATF published for public inspection a request for public comment on an Advance Notice of Proposed Rulemaking (“ANPRM”) on Bump Fire Stocks and Other Similar Devices. … The public inspection document [ed. withdrawn yesterday, but resubmitted today] is currently from the Federal Register’s website.
 
ATF anticipates issuing a Notice of Proposed Rulemaking that will interpret the statutory definition of “machinegun” in the National Firearms Act of 1934 and the Gun Control Act of 1968 to clarify whether certain devices, such as “bump fire” stocks, fall within that definition. Before issuing the NPRM, ATF is gathering information and public comment through this ANPRM regarding the nature and scope of the market for these devices.
 
Specifically, ATF is seeking answers to the following questions:
 
MANUFACTURERS:
 
Are you, or have you been, involved in the manufacturing of bump stock devices? If so:
  (1) In what part(s) of the manufacturing process, are/were you involved?
  (2) In what calendar years are/were you involved in the manufacturing process?
  (3) What is the wholesale price of the bump stock devices produced by the manufacturing process with which you are involved?
  (4) In each calendar year in which you have operated, how many bump stock devices were produced by the manufacturing process with which you are/were involved? Of this number, how many devices were sold to (a) retailers/resellers, and (b) directly to consumers?
  (5) What were your approximate gross receipts for the sale of these bump stock devices in each calendar year (from 2014 – present)?
  (6) For what use or uses have you marketed bump stock devices?
  (7) If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what would you expect to be the impact on your gross receipts for calendar year 2018?
  (8) If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what other economic impact would you expect (e.g., storage, unsellable inventory)?
  (9) What costs do you expect to be associated with the disposition of existing bump stock device inventory?
  (10) If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, do you believe that there would be a viable (profitable) law-enforcement and/or military market for these devices? If so, please describe that market and your reasons for believing such a viable market exists.
 
RETAILERS:

  (1) Are you, or have you been, involved in the retail sale of bump stock devices? If so:
  (2) In what calendar years are/were you involved?
  (3) In each calendar year, how many bump stock devices did you sell?
  (4) In each calendar year, what was the average retail price of the bump stock devices you sold?
  (5) In each calendar year (from 2014 – present) what were your approximate gross receipts derived from the retail sale of bump stock devices?
  (6) For what use or uses have you marketed bump stock devices?
  (7) In the 2018 calendar year, how many bump stock devices do you anticipate you will sell, assuming that such devices remain classified by ATF as an unregulated firearm part? What do you expect will be the average price at which those bump stock devices will be sold?
  (8) If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what would you expect to be the impact on your costs/expenses, gross receipts for calendar year 2018?
  (9) If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what other economic impact would you expect (e.g., storage, unsellable inventory)?
What costs do you expect to be associated with the disposition of existing bump stock device inventory?
  (10) If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, do you believe that there would be a viable (profitable) law-enforcement and/or military market for these devices? If so, please describe that market and your reasons for believing such a viable market exists.
 
CONSUMERS:

  (1) In your experience, where have you seen these devices for sale and which of these has been the most common outlet from which consumers have purchased these devices (e.g., brick and mortar retail stores; online vendors; gun shows or similar events; or private sales between individuals)?
  (2) Based on your experience or observations, what is (or has been) the price range for these devices?
  (3) For what purposes are the bump stock devices used or advertised?
 
Written comments must be submitted to ATF no later than thirty (30) days after publication in the Federal Register. Comments should be  identified by docket number (2017R-22), by any of the following methods:
 
– Federal eRulemaking Portal: http://www.regulations.gov.
– Fax: (202) 648-9741
– Mail: Vivian Chu, Mailstop 6N-518, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Ave. NE, Washington D.C. 20226. ATTN: 2017R-22.

[Editor’s Note: Yesterday, the Office of the Federal Register withdrew the proposed notice after it went on public inspection due to technical errors. It was resubmitted today and will be published in the Federal Register on 26 Dec 2017.]

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COMM_a3
14.

T. Murphy: “GSP Expiration Part II”


(Source: Editor, 21 Dec 2017.)
 

 
Unfortunately, it appears increasingly likely that Congress will not renew the Generalized System of Preferences (“GSP”) program before it expires on December 31, 2017. While the program may get renewed in 2018, and that renewal may be retroactive, there will be a period when GSP is not in effect.  U.S. Customs and Border Protection (“CBP”) has published a notice (copy available here) that advises importers of GSP-eligible merchandise to continue entering the merchandise using the “A” Special Program Indicator and to deposit the Normal Trade Relations duties (i.e., the regular, non-preferential duties) during any lapse in the program (e.g., as of January 1, 2018). This will make it easier for CBP to process refunds IF Congress renews the GSP program retroactively.
 
Any of you who regularly import using GSP should make sure that your brokers are familiar with CBP’s notice (in addition to making sure your finance colleagues are aware of the potential increase in costs). 

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COMM_a4
15.

Gary Stanley’s ECR Tip of the Day

 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
gstanley@glstrade.com
.
 
ITAR §126.1(e)(2) requires that any person who knows or has reason to know of a proposed, final, or actual sale, export, transfer, reexport, or retransfer of articles, services, or data as to a proscribed country must immediately inform the Directorate of Defense Trade Controls. Such notifications should be submitted to the Office of Defense Trade Controls Compliance, Directorate of Defense Trade Controls. in other words, such notifications are not voluntary when they involve a proscribed country.

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TEEX/IM TRAINING EVENTS & CONFERENCES

(Source: Editor)
 
The Netherlands Defense Academy presents a winter seminar, “Compliance and Integrity in International Military Trade,” 5-9 February 2018, in the charming town of Breda, the Netherlands, an hour’s drive south of Amsterdam. Many hotels and restaurants are within walking distance of the Defense Academy, which is the Dutch equivalent of the U.S. military academies. The course is designed for NATO+ military officers, government employees, and employees of NATO+ defense contractors. Participants will receive certificates of completion from the Academy.

* Course contents:
  – Day 1: International Trade in Defense Markets and Relevance of Trade Compliance.
  – Day 2: U.S. Export Control Regulations (International Traffic in Arms Regulations), and the EU Perspective.
  – Day 3: U.S. Export Control Regulations (Export Administration Regulations), and EU Export Control Regulations (Military and Dual-Use).
  – Day 4: Compliance & Integrity / Ethics, and Setting up an Internal Compliance Program.
  – Day 5: Setting up an Internal Compliance Program
* When: 5-9 February 2018.
* Where: the Netherlands Defense Academy (“The Castle”), Breda, the Netherlands.
* Event Sponsors: Full Circle Compliance & the Netherlands Defense Academy, Faculty of Military Sciences.
* Speakers include: Prof. dr. J.M. Beeres; Col. Dr. Robert M.M. Bertrand, RA RC RO; Drs. Ghislaine C.Y. Gillessen, RA; James E. Bartlett III, JD, LL.M; Michael E. Farrell; and Drs. Alexander P. Bosch.

   

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TE_a117. DHS/CBP Makes New ACE Training
 Available

(Source: CSMS #17-000795, 21 Dec 2017.)


Two additional ACE Reports training videos will be made available via the main ACE Reports Training resource page, found HERE. They will be embedded as video players, and come directly after the first 11 quick training videos already found on the training resource page. The two videos and topics are as follows: 

– QTV 12 – Nested Filters – covers the basics of how to use a “nested” query filter in a custom ad-hoc report. Nested report filters allow users to further refine the scope of their queries to more complex/specific logical combinations of data elements. In order to provide users examples of where the functionality would be useful, the video walkthrough uses a practical example for limiting the scope of a query to the data elements defined in a specific “Additional U.S. Notes” portion of the Harmonized Tariff Schedule of the United States (HTSUS). 

 
– QTV 13 – Pasting a List of Values – covers how a user can paste a list of values into one of the query filters in ACE Reports in order to reduce the processing burden associated with having to manually type each value out or find them from the list of values in the application. The video walkthrough uses Excel and Word, however the concept should translate to other word processing/table based applications.

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TE_a218
. List of Approaching Events – 19 New Events Listed

(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 
* Online: “Simplified Network Application Process Redesign (SNAP-R)“; Commerce/BIS; 202-482-2227
* E-Seminars: “Webinars On-Demand Library“; Sandler, Travis & Rosenberg, P.A.

* Online: ”
International Trade Webinars“; Global Training Center

*
 
Online: “On-Demand Webinars“; “General Training“; Center for Development of Security Excellence; Defense Security Service (DSS)
# Online: “ACE Reports Training and User Guide“; DHS/CBP
 
Training by Date:

# Jan 11: E-Seminar; ”
Export Competitively and Increase Your Sales with Government Support“; U.S. Export/Import Bank

* Jan 17: Melbourne, FL; “Global Challenges: A Conversation with James Clapper“; Indialantic Rotary Club; info@partneringforcompliance.org; 321-952-2978
* 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 18: Webinar/Lunch; San Jose, CA; “Compliance Audit: An Executive Tool for 2018“; PAEI
* Jan 22-23: San Diego, CA; “ITAR Defense Trade Controls“; ECTI; jessica@learnexportcompliance.com; 540-433-3977

# Jan 22-23: Frankfurt, Germany; ”
U.S. Export Controls and Sanctions – 2018 Update“; Aussenwirtschafts Akademie; Contact  
Kristina.Brueffer@awa-seminare.de to register.

* Jan 23: London, UK; “International Documentations and Customs Compliance“; Institute of Export and International Trade
* Jan 23-24: Houston, TX; “Complying with US Export Controls“; Bureau of Industry and Security

* Jan 24: London, UK; “An Introduction to Exporting – Physical Goods“; IOEx
* Jan 24-25: San Diego, CA: “EAR and OFAC Controls“; ECTI; 

* Jan 25: Houston TX; “Technology Controls“; Bureau of Industry and Security
# Jan 25: Webinar; “Roadmap to a Successful Voluntary Disclosure“; Census Bureau
* Jan 25: London, UK; “International Documentation & Customs Compliance“; IOEx
* 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: Webinar; “Fundamentals of US Reexport Controls“; ECTI; 540-433-3977
* Jan 31: Washington, D.C.; “4th National Forum on CFIUS and Team Telecom“; American Conference Institute
* Feb 1: Birmingham, UK; International Documentation & Customs Compliance“; IOEx
* Feb 5-8: Orlando FL; “
ITAR Defense Trade Controls / EAR Export Controls Seminar
“; ECTI; 
jessica@learnexportcompliance.com
;
 540-433-3977
* Feb 6: Las Vegas, NV; “Import Documentation and Procedures Seminar“; International Business Training
* Feb 6: Birmingham, UK; “An Introduction to Exporting – Physical Goods“; IOEx
* Feb 6-7: San Diego, CA; “Complying with US Export Controls“; Bureau of Industry and Security
* Feb 7-8: Munich, Germany; “Export Compliance in Europe, 2018“;
* Feb 8: McLean, VA; “EAR Basics“; FD Associates
* 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 13-16: London, UK; “Certified Authorized Economic Operator (AEO) Specialist“; Global Trade Academy
# Feb 14: “Wednesday Webinar: Temporary Imports of NFA Firearms“; Reeves & Dola LLP
* Feb 14: London, UK; “Post-Brexit Planning Workshop“; IOEx
* Feb 19: Tysons Corner, VA; “Export Compliance and Controls 101“; Global Trade Academy
* Feb 19-21: Tysons Corner, VA; “Export Controls Specialist – Certification“; Global Trade Academy
* 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 
*
 
Feb 27: London, UK; “International Documentation & Customs Compliance“; IOEx
* Mar 1: Manchester, UK; “An Introduction to Exporting – Physical Goods“; IOEx
* Mar 5-7: Sugar Land, TX; “2018 Winter Basics Conference“; Society for International Affairs (SIA)
* 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 8: Manchester, UK; “International Documentation & Customs Compliance“; IOEx
* 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
* March 13: London, UK; “International Documentation & Customs Compliance“; IOEx

# Mar 14: “Wednesday Webinar: Due Diligence for Exports;” Reeves & Dola LLP

* Mar 14; London, UK; “Letters of Credit“; IOEx
* Mar 14: Birmingham UK; “Intermediate Seminar“; UK Department for International Trade; denise.carter@trade.gsi.gov.uk 
* Mar 14-15: Austin, TX; “Establishing an ITAR/EAR Export Compliance Program“; Export Compliance Solutions;  spalmer@exportcompliancesolutions.com;  866-238-4018
* 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 15-16: McLean, VA; “ITAR Fundamentals“; FD Associates
* Mar 20: London, UK; “An Introduction to Importing“; IOEx
* Mar 20: London, UK; “UK & US Export Controls: A Basic Understanding“; IOEx
* 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: “Wednesday Webinar: Anatomy of a Compliance Program;” Reeves & Dola LLP
* 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 19: McLean, VA; “ITAR for the Empowered Official“; FD Associates
* Apr 24: Los Angeles, CA; “Duty Drawback Specialist – Certification“; Global Trade Academy
* Apr 24-25: Dubai, UAE; “Trade Compliance in the Middle East“; NeilsonSmith
* Apr 25-26: Costa Mesa, CA; “Complying with US Export Controls“; Bureau of Industry and Security
* 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 9: ”
Wednesday Webinar: Demonstrations and Plant Visits“; Reeves & Dola LLP

* May 9: London, UK; “Advanced Financing of International Trade“; IOEx
* 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 5-9: Baltimore, MD; “AAEI Annual Conference“; AAEI
* Jun 6-7: Seattle, WA; “Complying with US Export Controls“; Bureau of Industry and Security
* Jun 6-7: Munich, Germany; “US Trade Controls Compliance in Europe“; NielsonSmith

* Jun 8: Stafford, VA; ”
Spring Golf Outing;” Society for International Affairs;

* Jun 13: San Diego, CA; “Made in America, Buy America, or Buy American: Qualify your Goods and Increase Sales“; Global Trade Academy
* Jun 13-14: McLean, VA; “ITAR Fundamentals“; FD Associates
* Jun 18: Los Angeles, CA; “Certified Classification Specialist (CCLS)“; 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 16-18: National Harbor, Maryland; “2018 Summer Basics Conference“; Society for International Affairs
* Jul 17: Los Angeles, CA; “Advanced Classification of Plastics and Rubber“; Global Trade Academy
* Jul 19: McLean, VA; “ITAR for the Empowered Official“; FD Associates
* Aug 1-3: Washington, D.C.; “NSSF and Fair Trade Import/Export Conference“; NSSF
* Aug 6: Detroit, MI; “Export Compliance and Controls“; Global Trade Academy
* Aug 7-9: Detroit, MI; “Export Controls Specialist – Certification“; 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: Springfield, RI; “Complying with US Export Controls“; Bureau of Industry and Security
* Sep 13: McLean, VA; “EAR Basics“; FD Associates
* Sep 17: Los Angeles, CA; “Import Compliance“; Global Trade Academy
# Sep 17-20: Columbus, OH; “3rd Annual University Export Controls Conference“; Export Compliance Training Institute (ECTI)
* Sep 17-21: Los Angeles, CA; “Import 5-Day Boot Camp“; Global Trade Academy 
* Sep 18: Los Angeles, CA; “Tariff Classification for Importers and Exporters“; Global Trade Academy 
* Sep 19: Los Angeles, CA; “NAFTA and Trade Agreements“; Global Trade Academy
* Sep 20: Los Angeles, CA; “Country and Rules of Origin“; Global Trade Academy
* Sep 21: Los Angeles, CA; “Customs Valuation – The Essentials“; Global Trade Academy
* Oct 18-19: McLean, VA; “ITAR Fundamentals“; FD Associates
* Oct 22-23: Arlington, VA; “2018 Fall Advanced Conference“; Society for International Affairs (SIA)
* Oct 30 – Nov 1: Seattle, WA; “Export Controls Specialist – Certification“; Global Trade Academy
* Nov 6: Detroit, MI; “Classification: How to Classify Parts“; Global Trade Academy
* Nov 7-9: Detroit, MI; “Advanced Classification for Machinery & Electronics“; Global Trade Academy
* Nov 13: Tysons Corner, VA; “Made in America, Buy America, or Buy American: Qualify your Goods and Increase Sales“; Global Trade Academy
* Nov 15: McLean, VA; “ITAR For the Empowered Official“; FD Associates
* Nov 27: Houston, TX; “Duty Drawback Specialist – Certification“; Global Trade Academy
* Dec 3-7: Tysons Corner, VA; “Certified Classification Specialist“; Global Trade Academy
* Dec 6: London, UK; “International Documentation and Customs Compliance“; Institute of Export and International Trade
* Dec 11: Manchester, UK; “International Documentation and Customs Compliance“; Institute of Export and International Trade

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

ENEDITOR’S NOTES

EN_a119
. Bartlett’s Unfamiliar Quotations

(Source: Editor)

 

* Abigail Adams
 
(
née
 Smith; 22 Nov 1744 – 28 Oct 1818; was wife of the second president of the United States, 
John Adams
, as well as the mother of 
John Quincy Adams
. She is sometimes considered to have been one of the 
founders of the United States
,
 and is now designated as the first 
Second Lady
 and second 
First Lady of the United States
, although these titles were not in use at the time.
)
  – “Do not put such unlimited power into the hands of husbands. Remember all men would be tyrants if they could.” 
 

Giuseppe Tomasi
di Lampedusa
 (23 
Dec 1896 – 26 Jul 1957; was an Italian writer and the last 
Prince of Lampedusa
. He is most famous for his only novel, Il Gattopardo, which is set in his native 
Sicily
 during the Italian unification of 1815-1871.)
  – “
If we want things to stay as they are, things will have to change.” 
 
Friday Funnies:
 
Two elderly ladies are feuling their cars at a gas station. One grandma turns to the other and says, “Are you as upset as I am about the increasing price of gasoline?” The other grandma replies, “It doesn’t really affect me. I always just put in $20 worth.”
  — William Schmidt, Pasadena, CA
 
Q. What did the Zero say to the Eight?
A. “I think your belt is too tight!”
  — Alex Liberman

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

EN_a220. 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: 8 Dec 2017:
82 FR 57821-57825: Civil Monetary Penalty Adjustments for Inflation 
 
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: 20 Dec 2017: 
82 FR 60304-60306
: Addition of Certain Entities to the Entity List

  

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

  – Last Amendment:
21 Dec 2017: 82 FR 60507-60517: Magnitsky Act 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, 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:
21 Dec 2017: Harmonized System Update 1708, containing 33,859 ABI records and 6,591 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: 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_a321
. 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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