;

17-1229 Friday “Daily Bugle”

17-1229 Friday “Daily Bugle”

Friday, 29 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 next Daily Bugle will be published on Tuesday, 2 January 2018. Happy New Year!)

[No items of interest noted today.] 

  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.)
  3. Commerce/Census Announces Update of Schedule B and HTS in AES
  4. DHS/CBP Releases Reminder Concerning Deployment G, Release 3B 
  5. State/DDTC: (No new postings.)
  1. ST&R Trade Report: “Dates and Deadlines: GSP, Classification, CAFTA, Apparel, Exports, Seafood”
  1. D.S. Cohen, K.A. Parker & J. Holtmeier: “Global Magnitsky Sanctions Target Human Rights Abusers and Government Corruption Around the World”
  2. 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. List of Approaching Events – 15 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 (27 Dec 2017), FACR/OFAC (28 Dec 2017), FTR (20 Sep 2017), HTSUS (26 Dec 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)
[No items of interest noted today.]

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OGS_a3
3.

Commerce/Census Announces Update of Schedule B and HTS in AES

(Source:
census@subscriptions.census.gov, 28 Dec 2017.) [Excerpts.]
 
The Schedule B, Harmonized Tariff Schedule (HTS), and HTS Codes That Are Not Valid for Automated Export System (AES) tables have been updated to reflect the changes to the 2018 codes effective January 1st, 2018.
 
AES will accept shipments with outdated 2017 codes during a grace period for 30 days beyond the expiration date of December 31st, 2017. Reporting an outdated 2017 code after the 30-day grace period will result in a fatal error.
 
The ACE AESDirect program has been updated with the 2018 codes and will accept shipments with outdated 2017 codes during the grace period as well.
 
The 2018 Schedule B and HTS tables are available for downloading here. The current list of HTS codes that are not valid for AES is available here. ..

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OGS_a4
4.

DHS/CBP Releases Reminder Concerning Deployment G, Release 3B

(Source: 
CSMS# 17-000807, 29 Dec 2017.) [Excerpts.]
 
On January 6, 2018, CBP will deliver ACE Deployment G, Release 3B. At this point, ACE will become the system of record for all statements with the exception of Reconciliation statements. CBP will deliver Statements for Reconciliations as part of ACE Deployment G, Release 4 on February 24, 2018.
 
No later than January 13, 2018, CBP will deploy ACE Statements reports with the Statements universe, which replaces the Account Revenue universe. The new ACE Statements reports will be available under the Statements tab found in the applicable trade account workspace. In addition, two existing “quickview” reports for brokers and importers (AR-007) will remain available in ACE.
 
CBP will work with filers to address any issues related to this deployment of Statements in ACE, and will provide support as necessary. …
 
Deployment G Resources: 
More information may be found in the Information Notices posted to
CBP.gov
at the links below.
 

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NWSNEWS

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6.

ST&R Trade Report: “Dates and Deadlines: GSP, Classification, CAFTA, Apparel, Exports, Seafood”

 
Following are highlights of regulatory effective dates and deadlines and federal agency meetings coming up in the next week.
 
  – 31 Dec – deadline for filing hazardous waste exports in AES
  – 31 Dec – effective date of DOT final rule updating maritime cargo transport rules
  – 31 Dec – expiration of Generalized System of Preferences
  – 31 Dec – effective date of electronic filing requirement for some EPA-regulated exports
  – 2 Jan – effective date of revocation and modification of CBP rulings
  – 2 Jan – deadline for comments on labor capacity-building efforts under CAFTA-DR
  – 3 Jan – effective date of final rule removing conditions of entry for vessels arriving in U.S. from two facilities in Cote d’Ivoire
  – 5 Jan – deadline for comments on Morocco FTA rule of origin changes for apparel
 

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COMMCOMMENTARY

COMM_a1
7. D.S. Cohen, K.A. Parker & J. Holtmeier: “Global Magnitsky Sanctions Target Human Rights Abusers and Government Corruption Around the World”

(Source: Wilmer Hale, 22 Dec 2017.)
 
* Authors: David S. Cohen, Esq., david.cohen@wilmerhale.com;  Kimberly A. Parker, Esq., kimberly.parker@wilmerhale.com; and Jay Holtmeier, Esq., jay.holtmeier@wilmerhale.com. All of Wilmer Hale, Washington DC.
 
On December 20, 2017, President Trump issued a new Executive Order (EO) targeting corruption and human rights abuses around the world.
 
The EO implements last year’s Global Magnitsky Human Rights Accountability Act (the Global Magnitsky Act), which authorized the president to impose sanctions against human rights abusers and those who facilitate government corruption. [FN/1] The US Department of the Treasury’s Office of Foreign Assets Control (OFAC), which will administer the EO, also added 15 individuals and 37 entities to its Specially Designated Nationals and Blocked Persons List (SDN List).
 
Although OFAC already administers several sets of sanctions that target corruption and human rights abuses, those programs are significantly more limited because they target activity in particular countries. [FN/2] By contrast, sanctions under the Global Magnitsky Act and the EO target such conduct by current and former government officials anywhere in the world. As a result, companies-which already should be focused on anti-corruption and anti-bribery issues-must consider human rights and anti-corruption compliance risks more expansively than ever before, as OFAC is now capable of imposing sanctions that reach commercial and financial relationships in every foreign jurisdiction based on the conduct of foreign government officials.

Global Magnitsky Sanctions Authority Is Broad and Undefined

Under the EO, OFAC may now block the property and property interests of any non-US person if it determines that the person is:
 
  – Responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse;
  – A current or former government official, or is acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in, corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery; or
  – A current or former government official, or is acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in the transfer or the facilitation of the transfer of the proceeds of corruption.
 
The EO also authorizes OFAC to block the property and property interests of, among others, the leader or an official of an entity that has engaged in any of the above-listed activities; those who have attempted to engage in any of the above-listed activities; and those who have materially assisted, sponsored or provided financial, material or technological support for, or goods or services to or in support of, the above-listed individuals, entities or activities.
 
When an individual or entity is added to the SDN List, any property or property interest of that SDN that is in the United States, or that comes within the possession or control of any US person, is blocked; i.e., any transfers, payments, exportation, withdrawals or other dealings are prohibited. Such blocking also must be reported to OFAC within 10 business days.
 
This new authority is extremely broad. In addition to targeting human rights abuses and corruption anywhere in the world, the EO does not differentiate between corruption and “significant” corruption despite the fact that the Global Magnitsky Act specifically authorizes sanctions against government officials connected to “significant” corruption. [FN/3] As a result, the EO appears to contemplate that OFAC may impose sanctions against foreign government officials for varying levels of corruption.
 
The EO also does not limit the sanctions to corruption by current government officials, but also includes corruption by former government officials, by persons acting on their behalf, and by leaders or officials of entities that have “engaged in” corruption as a result of their tenure.
 
And importantly, as is typical in OFAC-administered sanctions programs, the EO targets for sanctions and other possible penalties, including substantial fines and possible prosecution, those “persons”-which includes businesses-that have not themselves acted corruptly or abusively but have provided assistance, support, goods or services in support of those who have.
 
Finally, the EO does not define key terms such as “corruption,” “misappropriation” and “bribery,” among others.
 
The Global Magnitsky Sanctions Raise New Compliance Challenges
 
The breadth of the EO and its lack of definitions of key terms increase the compliance challenge for companies engaged in international business operations.
 
For example, a company that provides goods or services to a foreign government that are “related to government contracts or the extraction of natural resources” must now consider whether such activities may be “corrupt” even if the company itself does not participate directly in the corrupt activity. Likewise, a financial services firm that facilitates the transfer of proceeds of “corruption” may be sanctioned or otherwise penalized under this EO. Notably, the EO, unlike other sets of sanctions, does not require that OFAC find a person to “knowingly” have engaged in the proscribed conduct before it imposes sanctions. [FN/4] As is the case with other sanctions programs, these are “strict liability” offenses whose application is subject to the deference of OFAC.

In addition, US companies or those who rely on US banking or other services must now consider the risk that OFAC could designate their counterparties (e.g., customers, suppliers, joint venture partners, banks and many others) as SDNs. A US company, including US persons working overseas, doing business with an individual or entity that OFAC adds to the SDN List must effectively cease all commercial and financial dealings with that SDN and may encounter legal and commercial challenges to give effect to the “blocking” of that person’s property or property interest. [FN/5]
 
Companies should review their compliance programs in light of the breadth of the EO, which underscores the importance of harmonizing internal compliance measures addressing different areas of regulation that currently may be siloed: sanctions, export control, anti-corruption and anti-money laundering. A coherent, integrated compliance function allows companies to evaluate the totality of the risks presented by potential counterparties or transactions. In doing so, companies should also review how their due diligence and risk rating systems could be enhanced in response to the Global Magnitsky sanctions.
 
Global Magnitsky Sanctions Increase Companies’ Potential Corruption-Related Exposure in High-Risk Jurisdictions
 
Anti-corruption risk for US and other global companies centers around the Foreign Corrupt Practices Act (FCPA) and similar global anti-corruption laws, and companies should have compliance programs to ensure that bribes are not paid to foreign government officials. But under the Global Magnitsky sanctions, companies may be more exposed to corruption risks than ever before. In addition to facing potential FCPA enforcement for missteps in a high-risk jurisdiction, a company’s distribution channel, joint venture or even its access to an entire foreign market may be jeopardized if OFAC designations under the EO disrupt business relationships that were lawful at the time they were formed. In addition to these business disruptions, the designation of business partners as SDNs may open a new pipeline for investigations by prosecutors and regulators in the US and elsewhere in enforcing the FCPA and similar laws, and accordingly companies may find themselves responding to government inquiries following such designations.
 
At this point, OFAC has not issued any general licenses or guidance addressing the “winding down” of relationships with individuals or entities designated under these new Global Magnitsky sanctions. OFAC has issued such general licenses and guidance in the past, [FN/6] though they are typically very limited and do not necessarily afford companies adequate time or flexibility to extricate themselves from their relationships without incurring significant costs. They are also case-specific, and global companies should not count on their issuance.
OFAC’s Initial Global Magnitsky Sanctions Designations
 
Underscore the Increasing Intersection of Sanctions and FCPA Compliance
 
Included among OFAC’s initial set of designations under the new EO are several individuals who have been connected to high-profile FCPA enforcement actions by the US Department of Justice (DOJ) and the US Securities and Exchange Commission (SEC). For example:
 
  – OFAC designated Gulnara Karimova, the daughter of the now-deceased president of Uzbekistan, who has been widely reported as being the government official who received millions of dollars in alleged improper payments in recent FCPA settlements involving Telia Company AB (2017), which will pay $965 million in global criminal and civil penalties, and VimpelCom Limited (2016), which paid global criminal and civil penalties of $795 million.
  – OFAC designated Dan Gertler, whom it described as having “amassed his fortune through hundreds of millions of dollars’ worth of opaque and corrupt mining and oil deals in the Democratic Republic of Congo.” [FN/7] Mr. Gertler was reportedly involved in the activities of a major hedge fund in that country that led to the fund paying penalties in the hundreds of millions of dollars to the DOJ and SEC in 2016.
  – OFAC also designated Angel Rondon Rijo, who, according to OFAC, “funneled money” from the Brazilian construction firm Odebrecht S.A. to officials in the Dominican Republic. [FN/8] Odebrecht, and its subsidiary Braskem S.A., paid $93 million to the DOJ in 2016 as part of a joint resolution with the US, Brazil and Switzerland that imposed total penalties of $2.6 billion arising from Odebrecht’s conspiracy to violate the FCPA and other anti-corruption laws in Brazil and elsewhere.
 
In light of these expansive new Global Magnitsky sanctions, companies should reevaluate their internal compliance programs to ensure that they adequately address relevant human rights and corruption risks applicable to their international operations, including the extent to which this EO and OFAC implementing action necessitate greater attention to the links between sanctions and FCPA liabilities for particular transactions and business relationships.
 
———
  [FN/1] Pub. L. No. 114-328, 130 Stat. 2533 et seq. Although similar, last year’s legislation is distinct from the Sergei Magnitsky Rule of Law Accountability Act of 2012, which authorized sanctions against human rights abusers in Russia, along with those involved in the detention, abuse and death of Russian journalist Sergei Magnitsky. On December 20, 2017, pursuant to the Sergei Magnitsky Rule of Law Accountability Act of 2012, OFAC separately promulgated new regulations and designated five individuals.
  [FN/2] See, e.g., Venezuela Sanctions Executive Order 13692 § 1(a)(ii)(A)(2), (4) (Mar. 8, 2015); Zimbabwe Sanctions Regulations, 31 C.F.R. 541.201(a)(3)(iv), (v).
  [FN/3] Pub. L. No. 114-328, 130 Stat. 2533 at Sec. 1263(a)(3).
  [FN/4] See, e.g., Countering America’s Adversaries through Sanctions Act, Pub. L. No. 115-44, 131 Stat. 886 § 224(a)(1)(A) (authorizing the imposition of sanctions against those who knowingly engage in certain activities related to cybersecurity); 231(a) (authorizing the imposition of sanctions against those who knowingly engage in transactions with the intelligence or defense sectors of the Russian government).
  [FN/5] This is further complicated by the “50 Percent Rule,” which requires treating an entity that is owned 50 percent or more by one or more SDNs as though that entity were itself an SDN. See, e.g., Revised Guidance on Entities Owned by Persons Whose Property and Interests in Property Are Blocked (Aug. 13, 2014).
  [FN/6] See, e.g., Imposing Additional Sanctions with Respect to the Situation in Venezuela, General License 1 Authorizing Certain Activities Necessary to Wind Down Existing Contracts (Aug. 24, 2017).
  [FN/7] Press Release, US Department of the Treasury, “United States Sanctions Human Rights Abusers and Corrupt Actors Across the Globe,” Dec. 21, 2017.
  [FN/8] Id.

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COMM_a2
8.

Gary Stanley’s ECR Tip of the Day

 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
 gstanley@glstrade.com
.
 
You can submit a Commodity Jurisdiction Request for an item at the same time that you submit a license request. Both requests may be processed concurrently. However, DDTC recommends that you not seek a license until after you’ve formally submitted a CJ determination request. Staggering your requests in this manner will permit you to annotate on the license request that a CJ determination action is pending. When noting this, be sure include your CJ number and CJ POC. On the license application, identify the item in question by the USML category paragraph that best describes your item. DO NOT cite Category XXI unless previously authorized by the Director, Office of Defense Trade Controls Policy.

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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_a210
. List of Approaching Events – 15 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 17: Dusseldorf, Germany; “Recent Developments in U.S., E.U., and German Export Control: Promoting Global Trade in Challenging Times;” (Event will be held in English); U.S. Commercial Service
* 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: Frankfurt, Germany; “International Compliance, Legal Risks & Corporate Integrity“; TRACE Anti-Bribery Compliance Solutions
* Jan 24: London, UK; “An Introduction to Exporting – Physical Goods“; IOEx
* Jan 24-25: San Diego, CA: “EAR and OFAC Controls“; ECTI; 

# Jan 25: Hong Kong, China; ”
Anti-Bribery Roundtable“; TRACE Anti-Bribery Compliance Solutions

* 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
# Feb 28-Mar 1: Dubai, UAE; “GESS Dubai 2018“; Global Educational Supplies and Solutions
* Mar 1: Manchester, UK; “An Introduction to Exporting – Physical Goods“; IOEx
# Mar 1: Dubai, UAE; “Anti-Bribery Workshop“; TRACE Anti-Bribery Compliance Solutions
* 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 8-9: Washington, D.C.; ”
14th Annual TRACE Forum“; TRACE Anti-Bribery Compliance Solutions

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

# Mar 9: Webinar; ”
ECCN Classification Numbers“; U.S. Commercial Service

* 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: Zurich, Switzerland; “Anti-Corruption in Switzerland“; TRACE Anti-Bribery Compliance Solutions
* 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 10: Webinar; “Letters of Credit“; U.S. Commercial Service

* 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 23: Copenhagen, Denmark; “Anti-Bribery Roundtable“; TRACE Anti-Bribery Compliance Solutions
* 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: Berlin, Gernamy; “Global Anti-Bribery In-House Network (GAIN)“; TRACE Anti-Bribery Compliance Solutions
* 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 8: Webinar; “U.S. Harmonized Tariff Classification Numbers“; U.S. Commercial Service
# May 8: Mexico City, Mexico; “Anti-Bribery Workshop“; TRACE Anti-Bribery Compliance Solutions
* 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 12: Webinar; “Duty Drawback and Refunds“; U.S. Commercial Service

* 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: London, UK; “TRACE European Forum, 2018“; TRACE Anti-Bribery Compliance Solutions
* 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_a111
. Bartlett’s Unfamiliar Quotations

(Source: Editor)

Slim Jimmy (Aaquil Brown; born 29 Dec 1993; an Atlanta-based rapper who makes up half of the hip-hop duo, Rae Sremmurd, with his brother Swae Lee. They were previously in a trio called Dem Outta State Boyz.)
  -“A ‘No Flex Zone’ is when somebody walks in and accuses you of stealing their cellphone, and you didn’t, and you know in your pocket you have enough money to buy their cellphone, and like, you have your own.”
– “Every meal I eat, I be like, ‘Can I get some orange juice?'”
 

Pablo Casals
(Pau Casals i Defilio; 29 Dec 1876 – 22 Oct 1973; was a cellist, composer, and conductor from Catalonia, Spain. He is generally regarded as the pre-eminent cellist of the first half of the 20th century, and one of the greatest cellists of all time.)
  – “The most perfect technique is that which is not noticed at all.”
 
Andrew Johnson (29 Dec 1808 – 31 Jul 1875; was the 17th President of the United States, serving from 1865 to 1869. Johnson became president as he was vice president at the time of the assassination of Abraham Lincoln. The new president favored quick restoration of the seceded states to the Union. His plans did not give protection to the former slaves, and he came into conflict with the Republican-dominated Congress, culminating in his impeachment by the House of Representatives. He was acquitted in the Senate by one vote.)
  – “There are no good laws but such as repeal other laws.”
 
Friday Funnies:
 
Q. What’s the first thing an out-of-work DJ says into a microphone? 
A. “Would you like fries with that?” 
  — Robert Ballou, Hampstead, MD

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

EN_a212. 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: 27 Dec 2017: 
82 FR 61153-61162
: Revisions, Clarifications, and Technical Corrections to the Export Administration Regulations

  

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

  – Last Amendment: 28 Dec 2017: 
82 FR 61450-61451: Iraq Stabilization and Insurgency 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: 26 Dec 2017: 
Harmonized System Update 1709
, containing 
2,415 ABI records and 489 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_a313
. 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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