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18-0119 Friday “Daily Bugle”

18-0119 Friday “Daily Bugle”

Friday, 19 January 2018

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.

  1. Justice/ATF Extends Information Collection Concerning ATF Form 9 (5320.9), “Application and Permit for Permanent Exportation of Firearms” 
  2. State Corrects Civil Monetary Penalty Listed in Part 127 of the ITAR  
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.)
  3. State/DDTC: (No new postings.)
  4. Treasury/OFAC Publishes FAQ Concerning Venezuela
  5. EU Publishes Implementing Regulation Concerning the Combined Nomenclature
  1. Jane’s 360: “European Parliament Vote Takes EU One Step Closer to Controlling Exports of Dual-Use Software”
  2. ST&R Trade Report: “Dates and Deadlines: Forced Labor, First Sale, Broker Fees, Classification, HMF”
  3. ST&R Trade Report: “Import Restrictions Sought on Uranium Products”
  1. S. Kohn Ross: “Border Searches of Electronic Devices”
  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 – 16 New Events Listed
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: ATF (15 Jan 2016), Customs (8 Dec 2017), DOD/NISPOM (18 May 2016), EAR (8 Jan 2018), FACR/OFAC (28 Dec 2017), FTR (20 Sep 2017), HTSUS (1 Jan 2018), ITAR (19 Jan 2018)
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1
1. Justice/ATF Extends Information Collection Concerning ATF Form 9 (5320.9), “Application and Permit for Permanent Exportation of Firearms”

(Source: Federal Register, 19 Jan 2018.) [Excerpts.]
 
83 FR 2817-2818: Agency Information Collection Activities; Proposed eCollection eComments Requested; Application and Permit for Permanent Exportation of Firearms (National Firearms Act)-ATF F 9 (5320.9)
 
* AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.
* ACTION: Notice.
*  SUMMARY: 
The Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, is submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register, on November 9, 2017, allowing for a 60-day comment.
* DATES: The Department of Justice encourages public comment and will accept input until February 20, 2018. …
* SUPPLEMENTARY INFORMATION: …
 
Overview of This Information Collection

  – Type of Information Collection: Revision of a currently approved collection.
  – The Title of the Form/Collection: Application and Permit for Permanent Exportation of Firearms (National Firearms Act).
  – The agency form number, if any, and the applicable component of the Department sponsoring the collection: ATF F 9 (5320.9). The applicable component within the Department of Justice is the Bureau of Alcohol, Tobacco, Firearms and Explosives.
  – Abstract: ATF Form 9 (5320.9) is typically used by a Federal firearms licensee who has paid the special (occupational) tax to deal, manufacture or import NFA firearms. The form must be filed (in quadruplicate) for approval to permanently export NFA firearms registered in the National Firearms Registration and Transfer Record. Once authorization has been granted, one copy is retained by ATF and the remaining copies returned to the exporter to establish that the exportation took place and claim relief from liability for the transfer tax. …
 
  Dated: January 12, 2018.
 
Jake Bishop-Green, Acting Department Clearance Officer for PRA, U.S. Department of Justice.

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

EXIM_a1
2State Corrects Civil Monetary Penalty Listed in Part 127 of the ITAR

(Source: Federal Register, 19 Jan 2018.) [Excerpts.]
83 FR 2738: Department of State 2018 Civil Monetary Penalties Inflationary Adjustment; Correction

* AGENCY: Department of State.
* ACTION: Final rule; correcting amendment.
* SUMMARY: The Department of State published a final rule in the Federal Register on January 3, 2018, providing revised civil monetary penalties for 2018. This document corrects one of the civil monetary penalties.
* DATES: This rule is effective on January 19, 2018. …
*  SUPPLEMENTARY INFORMATION: … In FR Doc 2017-28395, in the Federal Register of January 3, 2018 (83 FR 234), on page 237, in the first column, amendatory instruction 6b, for §
127.10(a)(1)(ii) revised the penalty to read “$808,458”, but it should have read “$824,959, or five times the amount of the prohibited incentive payment, whichever is greater”.
  Accordingly, this document corrects the civil monetary penalty listed in 22 CFR 127.10(a)(1)(ii). …
 

Alice M. Kottmyer, Attorney-Adviser, Office of Management, Department of State

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

OGSOTHER GOVERNMENT SOURCES

OGS_a13
. Items Scheduled for Publication in Future Federal Register Editions
 

(Source:
Federal Register)
 
* Commerce/BIS; NOTICES; Meetings: Sensors and Instrumentation Technical Advisory Committee [Publication Date: 22 Jan 2018.]

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

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

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OGS_a4
6.

Treasury/OFAC Publishes FAQ Concerning Venezuela

(Source:
Treasury/OFAC, 19 Jan 2018.) 
 
OFAC has published a Frequently Asked Question (FAQ) regarding U.S. person involvement in the Venezuelan government’s proposed digital currency.

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

OGS_a5
7.

EU Publishes Implementing Regulation Concerning the Combined Nomenclature

 
Regulations
* Commission Implementing Regulation (EU) 2018/77 of 15 January 2018 concerning the classification of certain goods in the Combined Nomenclature

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

NWSNEWS

NWS_aa1
8.

Jane’s 360: “European Parliament Vote Takes EU One Step Closer to Controlling Exports of Dual-Use Software”

(Source:
Jane’s 360, 18 Jan 2018.) [Excerpts; subscription required.]
 
After years of hesitation, the European Union is preparing to clamp down on exports of dual-use surveillance software, or spyware, and related products to prevent their use by repressive countries or their re-export to parties involved in armed conflicts. A new report with amendments approved by the European Parliament on 17 January moves the union one step closer to this goal.
 

  “We have already seen how dangerous these technologies can be when they are abused by governments, most notably in the clampdown on the Arab Spring,” said German Green member of the European Parliament Klaus Buchner, who authored the report. … 

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

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9.

ST&R Trade Report: “Dates and Deadlines: Forced Labor, First Sale, Broker Fees, Classification, HMF”

 
Following are highlights of regulatory effective dates and deadlines and federal agency meetings coming up in the next week.
 
  Jan. 22 – deadline for comments to USDA on proposal to relax size requirements for imported grapefruit
  Jan. 23 – deadline for comments to CBP on Harbor Maintenance Fee information collections
  Jan. 23 – deadline for comments to ITC on potential IPR import restrictions on healthcare barcode readers
  Jan. 25 – deadline for comments to ITC on potential IPR import restrictions on microfluidic devices
  Jan. 26 – due date for annual customs broker user fee
  Jan. 26 – deadline for comments to FDA on export certificates for regulated drugs and medical devices
  Jan. 26 – deadline for comments to ATF on records of explosives imports

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

NWS_a3
10.

ST&R Trade Report: “Import Restrictions Sought on Uranium Products”

 
The Department of Commerce has received a petition requesting an expedited section 232 investigation of uranium products. The petition asserts that “excessive levels of imports” of such products, particularly from China, Kazakhstan, Russia, and Uzbekistan, are threatening U.S. national security by destroying the domestic uranium mining industry. As a result, the petition requests relief in the form of (1) a quota that would reserve 25 percent of the U.S. market for U.S. uranium and (2) a Buy America policy for U.S. government agencies that utilize uranium.
 
Section 232 investigations include consideration of factors such as the amount of domestic production needed for projected national defense requirements and whether imports impair the domestic industry’s ability to meet those needs, the effect of foreign competition on the domestic industry, and any detrimental impacts from the displacement of domestic products by excessive imports.
 
If DOC initiates an investigation it would have up to 270 days to conclude it and submit its report and recommendations to the president. If the department concludes that uranium products are being imported in such quantities or under such circumstances as to threaten to impair U.S. national security, and the president concurs (a decision he would have up to 90 days after the DOC’s report to make), the president would have broad authority to adjust imports, including through the use of tariffs and quotas. Any import adjustments, or any other non-trade-related actions the president may elect to take, would be imposed within 15 days of the president’s determination to act.

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COMMCOMMENTARY

COMM_a1
11. S. Kohn Ross: “Border Searches of Electronic Devices”

(Source:
Mitchell Silberberg & Knupp LLP
, 18 Jan 2018.)
 
* Author: Susan Kohn Ross, Esq.,
skr@msk.com
, Mitchell Silberberg & Knupp LLP.
 
Earlier this month, MSK attorneys
David Rugendorf
and
Frida Glucoft
published an Alert summarizing the latest directive issued by Customs and Border Protection (CBP) regarding the search of electronic devices. A copy of their original article can be found here –
Hold That Call International Travelers
. Given the increasing likelihood of any traveler’s electronic devices being subjected to a search, whether arriving or departing the U.S. by air, ocean or land, these recent changes warrant a deeper dive.
 
First, for those who want to read the actual document, it is
CBP Directive 3340-049A
. As the earlier Alert noted, CBP has the broad rights to search any individuals, luggage, and cargo entering and leaving the U.S. Searches of cargo are governed by other laws and regulations. This directive deals only with arriving and departing travelers and their devices.
 
We start at the beginning. The CBP Directive defines electronic devices as “computers, tablets, disks, drives, tapes, mobile phones and other communication devices, cameras, music and other media players,” a very broad definition, so arguing your device is not subject to inspection will likely not succeed.
 
The Acting Commissioner of CBP appeared before the Senate Finance Committee in June 2017 and, at the time, Mr. McAleenan testified that inspection of electronic devices did not include data not resident on the device. That approach has now been incorporated into CBP’s formal policies. Specifically, the Directive states: “[t]he border search will include an examination of only the information that is resident upon the device and accessible through the device’s operating system or through other software, tools, or applications. Officers may not intentionally use the device to access information that is solely stored remotely [emphasis added].” The Directive goes on to instruct that CBP Officers (CBPO) should either request the traveler disable connectivity, such as by putting the device into airplane mode, or do so themselves if warranted by “national security, law enforcement, officer safety or other operational considerations.” CBPOs are also reminded not to make any changes to the contents of the device. Inspecting the electronic device with the traveler present is considered a basic search. However, an advanced search may also be warranted.
 
An advanced search involves the CBPO connecting the device to an external piece of equipment. This is typically done to “review, copy and/or analyze its contents.” Such activity is warranted if there is a reasonable suspicion of illegal activity. A traveler can assume this is happening if the CBPO takes the device into another room and does not come back for several minutes. An advance search requires the approval of a supervisor, if one is available, and if not, a report must be made to a supervisor as soon thereafter as practical.
 
An interesting statement in the Directive is the search is to be “conducted in the presence of the individual” but that does not “necessarily mean that the individual shall observe the search itself.” In other words, the CBPO is permitted to leave you standing in the search area while s/he takes the device elsewhere so its contents can be copied.
 
In August 2009, CBP and ICE jointly issued a policy statement about searches of electronic devices. Therein, CBP acknowledged the attorney-client and attorney work product privileges. That principal has been formalized in the current publication, which also acknowledges other situations where the data on the device may be sensitive or confidential. When it comes to devices carried by attorneys, when requested to hand over the device, attorneys must immediately state it contains privileged and confidential data, and then the CBPO is directed to work with Associate/ Assistant Chief Counsel’s Office and potentially also the Dept. of Justice in searching the device. CBP will inspect any non-privileged materials on the device, but anything privileged may have to be referred to what CBP calls a “Filter Team,” the legal and operational staff that deals with privileged materials.  Anything copied by CBP which is determined to be privileged will be destroyed, except anything retained in accord with Counsel’s office “for purposes of complying with a litigation hold or other requirement of law.” Given the number of lawsuits filed about searches of electronic devices and/or objecting to the scope of a particular search, this carve-out is not surprising.
 
One of the shortcomings of the August 2009 policy statement was it only recognized attorneys as being in a unique situation. The 2018 directive does not completely overcome that shortcoming, but does go further. For example, doctors may have privileged information on their devices based on the doctor-patient privilege. An equally well-recognized privilege exists for priests and their penitents. There are others, none of which are discussed. On the other hand, CBP does mention medical records, work-related information carried by journalists, and business or commercial information that is confidential or sensitive. In each case, CBP states the information should be handled in accord with existing laws.
 
If presented with a device that is protected by a passcode or encryption, the CBPO is authorized to ask the traveler for the details needed to unlock the device. If the traveler refuses, the device is likely to be detained. There is a supervisor approval process required before the CBPO may proceed, and the traveler is to be notified in writing the device is being detained. Of course, if one refuses to provide the unlock data, that will only raise the CBPO’s suspicion and will no doubt cause the traveler to be sitting around for quite a long time.
 
If a device is detained, CBP’s goal is to return it no later than five (5) days later, but, of course, there are provisions permitting a longer period of time if warranted and approved by a supervisor. CBP is also permitted to seek technical assistance in many forms. For example, if the device cannot be unlocked, that assistance might be from the manufacturer. There might be subject matter experts who need to translate the files or weigh in on the importance or unimportance of the data found on the device. While CBP’s goal is to keep custody of the device and share electronically only information of concern, there are procedures stated which allow the device to be transferred to another agency. That agency is expected to share its findings with CBP and return the device, unless there is a reason for that agency to retain the device and the data in order to enforce its own laws.
 
Throughout CBP Directive 3340-049A, CBP makes the point absent a mission related reason to keep it, if the data does not rise to the level of probable cause to believe a violation has occurred, the data will be destroyed. In this case, CBP defines destruction to be “deleting, overwriting, or degaussing” in compliance with its own information systems handbook.
 
What is a traveler to do? First, bear in mind that if you are an American citizen, you can refuse to permit the search of your electronic device and still enter the country. The opposite is the case if you are not an American citizen. If you are a foreign national and refuse to allow your device to be inspected, you can be denied entry.
 
In October 2017, we published an Alert about traveling with electronic devices,
Tips for Traveling with Electronic Devices
. The best practices we published then remain true now, with only a small bit of tweaking:
 
  (1) If you don’t absolutely need the device, don’t take it with you.
  (2) Keep in mind which of your devices has security settings and which do not. The ones which do not could be inspected, no matter the circumstances.
  (3) You can put the data which you later want to access in the cloud with strong password protection (be sure to disable the connection) and carry the equivalent of a burner phone. Otherwise, make sure all your programs are closed.
  (4) Do not keep more data on your device than you are willing to have exposed to CBP or ICE.
  (5) If you have photos on a device, store them in your cloud account and remove them from your device.
  (6) If you have programs open which link to data in the cloud, such as your social networks, your best option is to close those programs, but if time does not permit, at least put the device in airplane mode.
  (7) If you do get selected for secondary, you really only have two choices – give the CBPO the information s/he wants and make the search process go as quickly as possible* or be prepared to sit around for several hours and, in the end, possibly be forced to leave your device behind to be returned (perhaps) at some later undefined point in time.
 
  *Of course, if you are an attorney or work for a lawyer or law firm, or are in house, you must immediately object to the search of the device so as to have the best argument possible the attorney-client and work product privileges apply, provided you have work related materials on your device.

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COMM_a2
12. Gary Stanley’s ECR Tip of the Day

(Source: Defense and Export-Import Update, 18 January 2018; available by subscription from
gstanley@glstrade.com
.)
 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
gstanley@glstrade.com
.
 
There is no expiration date for a Commodity Jurisdiction Determination. However, if the section of the regulations that controls your item changes, then the jurisdiction of your item may change. If this is the case, you may self-determine your item’s jurisdiction based on the new regulation, or submit a new CJ request. In addition, if the article has been modified or otherwise changed, the original CJ determination may no longer be valid.

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TEEX/IM TRAINING EVENTS & CONFERENCES

TEC_a13.

Full Circle Compliance and the Netherlands Defense Academy Will Present “Winter School at the Castle”, 5-9 Feb 2018 in Breda, the Netherlands

 
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.

Registration & Information: please, complete the seminar registration form and send a copy to events@fullcirclecompliance.eu. More information is available at the Full Circle Compliance website or via events@fullcirclecompliance.eu

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TEC_a1
14. 
List
of Approaching Events – 16 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

* Online: ”
Increase Your International Sales – Webinar Archive;” U.S. Commercial Service

 
Training by Date:
 
* On-Demand Webinar; “Is Your Organization Ready for the Challenges of Global Trade?“; Amber Road
* 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 23-24: Houston, TX; “12th Annual Forum on the Foreign Corrupt Practices Act;” American Conference Institute (ACI)

* 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: Webinar; “Brexit: Your To-Do List“; Amber Road
* Jan 25: Houston, TX; ”
Africa Anti-Corruption Roundtable“; ACI
* 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: Online; ”
Customs Broker Correspondence Course“; Global Trade Academy

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

# Jan 30: Washington, D.C.; ”
ACI’s 3rd Networking & Leadership Forum for Women in Defense and Aerospace Law & Compliance“; 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 1: Lagos, Nigeria; ”
West Africa Trade & Export Finance Conference 2018“; IOEx

* Feb 5: Singapore; ”
Singapore Airshow Breakfast Briefing;” U.S. Embassy in Singapore

* Feb 5-8: Orlando FL; “
ITAR Defense Trade Controls / EAR Export Controls Seminar
“; ECTI; 
jessica@learnexportcompliance.com
;
 540-433-3977

# Feb 6: 
Webinar; “
How to Implement an Effective Internal Investigation Program“; The Volkov Law Group

* 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 8: Houston, TX; “Customs Broker Four-Day Boot Camp“; Global Trade Academy
* Feb 13: 
Webinar; “
Exporting Mechanics Webinar Series: Export Licenses
“; NCBFAA
* Feb 13: Webinar; ”
What Exporters Need to Know About VAT Overseas“; IOEx
# Feb 13: London, UK; ”
Certified Authorised Economic Operator (AEO) Specialist“; Global Trade Academy

* 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 21: Webinar; ”
Cybersecurity Opportunities in Europe Webinar“; U.S. Commercial Service

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

# Feb 21: Webinar; ”
Cybersecurity Opportunities in Europe“; U.S. Commercial Service

* 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 26: Miami, FL; “Certified Classification Specialist (CCLS)“; Global Trade Academy
*
 
Feb 27: London, UK; “International Documentation & Customs Compliance“; IOEx

* Feb 27-28: London, UK; ”
ITAR and the EAR US Trade Controls Compliance in Europe“; C5 Group

* 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 6: Webinar; ”
Legal Aspects of Doing Business in Canada“; U.S. Commercial Service

# Mar 7: Detroit, MI; “Made in America, Buy America, or Buy American“; Global Trade Academy
* 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

* Mar 13: Webinar; ”
Canada’s Non-Resident Importer Program“; U.S. Commercial Service

* Mar 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 19: Tysons Corner, VA; “Import 5-Day Boot Camp“; Global Trade Academy

* Mar 20: Webinar; ”
Sending Temporary Workers to Canada“; U.S. Commercial Service
* Mar 20: Webinar; ”
Tax Avoidance in the U.S. – Lessons for Canada“; The Conference Board of Canada

* 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 21-22: London, UK; ”
Women in Compliance Conference“; C5 Group

* 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: Brussels, Belgium; ”
Global Customs Compliance Forum“; C5 Group

* 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 16-17: Los Angeles, CA; “APBO Conference, 2018“; Asia Pacific Business Outlook
* Apr 16-19: Las Vegas NV; “ITAR Defense Trade Controls / EAR Export Controls Seminar“; ECTI;
 
jessica@learnexportcompliance.com; 540-433-3977

* Apr 16-20: Washington, D.C.; ”
Excellence in Anti-Corruption – ISO Standards 37001 and 19600“; ETHIC Intelligence

# Apr 17-19: Kansas City, MO;
NNSA Export Control Coordinators Org Annual Training; Kimberly.galloway@pnnl.gov; 509-372-6184

Apr 18: Ottowa, Canada; ”
U.S. Ocean Tech Innovation Showcase“; U.S. Embassy in Canada

* Apr 18: Melbourne, Australia; ”
Australia/North Asia FTA Training Session for SMEs: Cultural Awareness – Negotiating Business in South Korea“; Victorian Chamber of Commerce and Industry

* 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 3-4: Milan, Italy; ”
Trade Compliance Southern Europe“; C5 Group

* 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 

* May 23-24: Berlin, Germany; ”
12th Annual Exporters’ Forum on Global Economic Sanctions“; C5 Group

* 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

* June 12-13; Stockholm, Sweden; ”
Trade Compliance Nordics“; C5 Group

* 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

* Jun 27-28: London, UK; ”
12th Annual Conference on Anti-Corruption“; C5

* 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; “University Export Controls Seminar at The Ohio State University in Columbus“; Export Compliance Training Institute (ECTI); jessica@learnexportcompliance.com; 540-433-3977
* 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 29 – Nov 1: Phoenix, AZITAR Defense Trade Controls / EAR Export Controls Seminar“; ECTIjessica@learnexportcompliance.com; 540-433-3977
* 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 12-15: Washington, D.C.; “ITAR Defense Trade Controls / EAR Export Controls Seminar“; ECTIjessica@learnexportcompliance.com; 540-433-3977
* 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 4-5: Frankfurt, Germany; ”
US Defence Contracting and DFARS Compliance in Europe;” C5 Group

* 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_a115
. Bartlett’s Unfamiliar Quotations

(Source: Editor)
 

Edgar Allan Poe (Born Edgar Poe; 19 Jan 1809 – 7 Oct 1849; was an American writer, editor, and literary critic. Poe is best known for his poetry and short stories, particularly his tales of mystery and the macabre.)
  – “Of puns it has been said that those who most dislike them are those who are least able to utter them.”
 
George Burns (born Nathan Birnbaum; 20 Jan 1896 – 9 Mar 1996; was an American comedian, actor, singer, and writer. He was one of the few entertainers whose career successfully spanned vaudeville, radio, film and television. His arched eyebrow and cigar-smoke punctuation became familiar trademarks for over three quarters of a century.)
  – “I’d rather be a failure at something I love than a success at something I hate.”
  – “It takes only one drink to get me drunk. The trouble is, I can’t remember if it’s the thirteenth or the fourteenth.”
 
Friday funnies:
 
My friend said he was driving when he saw the flash of a traffic camera. He figured that his picture had been taken for exceeding the limit, even though he knew that he was not speeding… Just to be sure, he went around the block and passed the same spot, driving even more slowly, but again the camera flashed. Now he began to think that this was quite funny, so he drove even slower as he passed the area again, but the traffic camera again flashed. He tried a fourth time with the same result. He did this a fifth time and was now laughing when the camera flashed as he rolled past, this time at a snail’s pace. Two weeks later, he got five tickets in the mail for driving without a seat belt.
 
My sister has a lifesaving tool in her car which is designed to cut through your seat belt if you get trapped upside down. She keeps it in the car’s trunk.

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

EN_a216. 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.  The latest amendments 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(s): 8 Jan 2018:
83 FR 709-711
: Revisions, Clarifications, and Technical Corrections to the Export Administration Regulations; Correction; and
83 FR 706-709
: Civil Monetary Penalty Adjustments for Inflation 

  

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 (1 Jan 2018) 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 2018: 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: 1 Jan 2018: Updated HTS for 2018.
  – 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: 19 Jan 2018: 83 FR 2738: Department of State 2018 Civil Monetary Penalties Inflationary Adjustment; Correction
  – The only available fully updated copy (latest edition: 19 Jan 2018) 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_a317
. 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, provided attribution is given to “The Export/Import Daily Bugle of (date)”. 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.

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