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18-0122 Monday “Daily Bugle”

18-0122 Monday “Daily Bugle”

Monday, 22 January 2018

TOP
The 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 
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(Editor’s Note: The U.S. Government funding delays may affect the notices published in the U.S. Federal Register and USG websites. The Daily Bugle will continue to publish available notices.)

  1. Federal Register Posts Publication Procedures for Federal Register Documents During a Funding Hiatus 
  2. Commerce/BIS Announces SITAC Meeting on 30 Jan in San Francisco 
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. State/DDTC Releases Notice on U.S. Government Shutdown
  4. EU Amends Sanctions Against North Korea and Venezuela
  1. Dutch News: “Dutch Have Instigated 30 Probes into Exports Which Could Make WMDs”
  2. Financial Tribune: “Germany Halts Weapons Exports to Parties Involved in Yemen Conflict”
  3. Global Trade Magazine: “U.S. Company Settles Whistleblower Lawsuit, Pays for Importer’s Customs Fraud”
  4. Livemint: “India Joins Chemical Weapons Parts Export Control Bloc Australia Group”
  5. Pasadena News Now: “Pasadena Man Charged with Conspiring to Illegally Obtain Technology, Computer Chips Sent to China”
  1. D.M. Edelman: “Trade Watch: What We Learned in 2017 and What It Means for Business”
  2. J.E. Bartlett: “Is it Time to Change the ITAR Definitions of U.S. Person and Foreign Person?”
  3. J.E. Bartlett: “ITAR § 127.10(a)(ii) Amendment Corrected”
  4. Gary Stanley’s ECR Tip of the Day
  1. Monday List of Ex/Im Job Openings: 158 Jobs Posted, Including 8 New Jobs
  1. Full Circle Compliance and the Netherlands Defense Academy Will Present “Winter School at the Castle”, 5-9 Feb 2018 in Breda, the Netherlands
  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.
Federal Register Posts Publication Procedures for Federal Register Documents During a Funding Hiatus

(Source:
Federal Register, 8 Dec 2017.)

 
82 FR 58028 (8 Dec 2017): Publication Procedures for Federal Register Documents During a Funding Hiatus
 
* AGENCY: Office of the Federal Register.
* ACTION: Notice of special procedures.
* SUMMARY: In the event of an appropriations lapse, the Office of the Federal Register (OFR) would be required to publish documents directly related to the performance of governmental functions necessary to address imminent threats to the safety of human life or protection of property. Since it would be impracticable for the OFR to make case-by-case determinations as to whether certain documents are directly related to activities that qualify for an exemption under the Antideficiency Act, the OFR will place responsibility on agencies submitting documents to certify that their documents relate to emergency activities authorized under the Act.
* FOR FURTHER INFORMATION CONTACT: Amy Bunk, Director of Legal Affairs and Policy, or Miriam Vincent, Staff Attorney, Office of the Federal Register, National Archives and Records Administration, (202) 741-6030 or
Fedreg.legal@nara.gov.
* SUPPLEMENTARY INFORMATION: Due to the possibility of a lapse in appropriations and in accordance with the provisions of the Antideficiency Act, as amended by Public Law 101-508, 104 Stat. 1388 (31 U.S.C. 1341), the Office of the Federal Register (OFR) announces special procedures for agencies submitting documents for publication in the Federal Register. In the event of an appropriations lapse, the OFR would be required to publish documents directly related to the performance of governmental functions necessary to address imminent threats to the safety of human life or protection of property. Since it would be impracticable for the OFR to make case-by-case determinations as to whether certain documents are directly related to activities that qualify for an exemption under the Antideficiency Act, the OFR will place responsibility on agencies submitting documents to certify that their documents relate to emergency activities authorized under the Act. 
     During a funding hiatus affecting one or more Federal agencies, the OFR will remain open to accept and process documents authorized to be published in the daily Federal Register in the absence of continuing appropriations. An agency wishing to submit a document to the OFR during a funding hiatus must attach a transmittal letter to the document which states that publication in the Federal Register is necessary to safeguard human life, protect property, or provide other emergency services consistent with the performance of functions and services exempted under the Antideficiency Act.  Under the August 16, 1995 opinion of the Office of Legal Counsel of the Department of Justice, exempt functions and services would include activities such as those related to the constitutional duties of the President, food and drug inspection, air traffic control, responses to natural or manmade disasters, law enforcement, and supervision of financial markets. Documents related to normal or routine activities of Federal agencies, even if funded under prior year appropriations, will not be published. At the onset of a funding hiatus, the OFR may suspend the regular three-day publication schedule to permit a limited number of exempt personnel to process emergency documents. Agency officials will be informed as to the schedule for filing and publishing individual documents.
* AUTHORITY: The authority for this action is 44 U.S.C. 1502 and 1 CFR 2.4 and 5.1.
 
Oliver A. Potts, Director of the Federal Register
[Editor’s Note: The above item was published on 8 December 2017 in anticipation of a U.S. Government appropriations lapse.]

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EXIM_a2

2. 
Commerce/BIS Announces SITAC Meeting on 30 Jan in San Francisco

(Source:
Federal Register, 22 Jan 2018.) [Excerpts.]
 
83 FR 2962: Sensors and Instrumentation Technical Advisory Committee: Notice of Open Meeting
 
  The Sensors and Instrumentation Technical Advisory Committee (SITAC) will meet on January 30, 2018, 9:30 a.m., (Pacific Standard Time) at the SPIE Photonics West, in San Francisco, CA at the InterContinental on 888 Howard Street, a block from the Moscone Center in Ballroom A. The Committee advises the Office of the Assistant Secretary for Export Administration on technical questions that affect the level of export controls applicable to sensors and instrumentation equipment and technology. …
  The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at
Yvette.Springer@bis.doc.gov no later than January 23, 2018.
  A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to the Committee members, the Committee suggests that the materials be forwarded before the meeting to Ms. Springer.
  For more information contact Yvette Springer on (202) 482-2813.
 
Yvette Springer, Committee Liaison Officer.

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OGSOTHER GOVERNMENT SOURCES

OGS_a13. Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register

 
[No items of interest noted today.]

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OGS_a35.

State/DDTC Releases Notice on U.S. Government Shutdown

(Source:
State/DDTC, 22 Jan 2018.)
 
Due to the lapse in Government funding that occurred at 12:01am on Saturday, January 20, 2018, the Directorate of Defense Trade Controls has halted all processing of license requests except for those that provide direct support to the military, humanitarian aid, or other similar emergencies. All electronic submissions of license requests (DSP-5, DSP-6, DSP-61, DSP-62, DSP-73, and DSP-74) will be rejected by the system and returned to the applicant. Requests that are in the “In-Review” status as of January 22, 2018, will remain in that status and no further review will occur until after government funding is restored.
 

If industry applicants believe they have a case (either “In-Review” or new submission required) involving direct support to the military, humanitarian aid, or other similar emergencies, please email Tony Dearth at DearthAM@state.gov. The subject line of your email MUST read “Request for Emergency License” and the message must include the applicant name and registration code, the end-use/end-user, justification for needing an emergency license, and a point of contact. The Directorate will contact the requestor with guidance on how to proceed if the request will be honored.

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OGS_a4
6.

EU Amends Sanctions Against North Korea and Venezuela

 
Regulations
*
Council Implementing Regulation (EU) 2018/87 of 22 January 2018 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea
*
Council Implementing Regulation (EU) 2018/88 of 22 January 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela
 
Decisions
*
Council Decision (CFSP) 2018/89 of 22 January 2018 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea
*
Council Decision (CFSP) 2018/90 of 22 January 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela

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NWSNEWS

NWS_a1
7. Dutch News: “Dutch Have Instigated 30 Probes into Exports Which Could Make WMDs”

(Source:
Dutch News, 19 Jan 2018.)
 
The Netherlands has instigated 30 criminal investigations into the possible export of chemicals, materials or equipment which could be used to make weapons of mass destruction (WMDs) since 2012, ministers said on Thursday.
 
Virtually all cases where the investigations have been completed have ‘led to a conviction’, defense minister Ank Bijleveld and foreign minister Halbe Zijlstra told parliament in a
briefing, without giving further details.
 
The export of equipment and chemicals which can be used to make such weapons is banned under UN and EU treaties to which the Netherlands is a signatory.
 
The ministers were responding to MPs questions in the wake of an interview given by Onno Eichelsheim, head of the Dutch military security service
MIVD, in which he said the Netherlands was ‘a supermarket’ for countries seeking to obtain technology for the development of WMDs.
 
Such technology and related products is particularly interesting for countries such as Iran, Pakistan, North Korea and Syria, the MIVD director said in the interview with news agency
ANP last September.
 
That interview, the ministers said on Thursday, had been given to make Dutch companies and institutes aware of the risk, so that attempts to win expertise and materials could be headed off.
 
Most of the products involved were dual use – and could also have a legitimate civilian purpose, the ministers said. “They are subject to strict supervision and controls and have to be properly licensed for export,” the ministers said.

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NWS_a28. Financial Tribune: “Germany Halts Weapons Exports to Parties Involved in Yemen Conflict”

(Source:
Financial Tribune, 21 Jan 2018.) [Excerpts.]
 
The German government said on Friday that it would “immediately” stop approving arms exports to anyone participating in the war in Yemen. The move would include Saudi Arabia, a major buyer of German weapons.
 
Chancellor Angela Merkel’s spokesman wrote on Twitter that Germany “isn’t taking any arms export decisions right now that aren’t in line with the results of the preliminary talks,” referring to coalition talks between Merkel’s center-right Christian Democrats (CDU) and the center-left Social Democrats (SPD), DW reported.
 
Arms exports to nations with poor human rights records like Saudi Arabia have been heavily criticized by opposition politicians in Berlin. …
 

Amnesty International rights group, praised Germany’s decision and called on other countries to do the same. … 

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NWS_a39. Global Trade Magazine: “U.S. Company Settles Whistleblower Lawsuit, Pays for Importer’s Customs Fraud”

(Source:
Global Trade Magazine, 15 Jan 2018.) [Excerpts.]
 
Prosecution a Warning to U.S. Companies That Source Goods From Abroad
 
Federal prosecutors in New York recently
announced the settlement of a remarkable lawsuit relating to a scheme to evade import duties. The case involved an importer’s undervaluation of apparel to pay less duties than were really owed.
 
The settlement that prosecutors reached, however, was not with the importer, but its customer. Notations, Inc., a Pennsylvania womenswear wholesaler, agreed to pay $1 million and consented to a court order requiring it to implement a broad range of compliance measures designed to prevent it from doing business with customs cheats in the future.
 
Notably, there was no legal question in the case that the filing of accurate customs entry documents and the payment of appropriate duties were obligations of the importer. So how did Notations wind up being dragged into-and paying a substantial price to settle-the case? This is a key question for companies that source goods from abroad, especially under a president who is generally hostile to foreign imports and keen to enforce US tariffs. … 

 

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NWS_a410Livemint: “India Joins Chemical Weapons Parts Export Control Bloc Australia Group”

(Source:
Livemint, 20 Jan 2018.) [Excerpts.]
 
India was on Friday admitted as the 43rd member of the Australia Group, an informal bloc of countries that keeps a tight control over exports of substances used in the making of chemical weapons.
 
The move followed the completion of internal procedures of the grouping, Indian foreign ministry spokesman Raveesh Kumar told reporters, adding that “the Australia Group decided to admit India as its 43rd member through a consensus decision”. …
 
With its admission into the Australia Group, India is now part of three of the four key export control groups in the world. This includes the Missile Technology Control Regime-an informal and voluntary partnership among 35 countries that regulates trade in sensitive equipment and technologies to ensure there is no proliferation of missile and unmanned aerial vehicle technology capable of carrying payloads above 500kg for more than 300km.
 

Last month, India joined the Wassenaar Arrangement, which is also an informal grouping of 42 countries, exercising control over the export of dual-use goods and technologies. …

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NWS_a511Pasadena News Now: “Pasadena Man Charged with Conspiring to Illegally Obtain Technology, Computer Chips Sent to China”

(Source:
Pasadena News Now, 21 Jan 2018.) [Excerpts.]
 
Federal authorities said a Pasadena man along with a second man who is a part-time Los Angeles resident were arrested Friday on federal charges that allege a scheme to illegally obtain technology and integrated circuits with military applications that were exported to a Chinese company without the required export license.
 
Kiet Ahn Mai, 63, of Pasadena, and Yi-Chi Shih, 62, an electrical engineer, were arrested Friday morning without incident by federal agents.
 
Mai and Shih, who previously worked together at two different companies, are named in a criminal complaint unsealed this morning that charges them with conspiracy. Shih is also charged with violating the International Emergency Economic Powers Act (IEEPA), a federal law that makes illegal, among other things, certain unauthorized exports.
 
The complaint alleges that Mai and Shih conspired to illegally provide Shih with unauthorized access to a protected computer of a United States company that manufactured specialized, high-speed computer chips known as monolithic microwave integrated circuits (MMICs). The conspiracy count also alleges that the two men engaged in mail fraud, wire fraud and international money laundering to further the scheme.
 
According to the affidavit in support of the criminal complaint, Mai and Shih executed a scheme to defraud the U.S. company out of its proprietary, export-controlled items, including technology associated with its design services for MMICs. As part of the scheme, Mai and Shih accessed the victim company’s computer systems via its web portal after Mai obtained that access by posing as a domestic customer seeking to obtain custom-designed MMICs that would be used solely in the United States. Shih and Mail allegedly concealed Shih’s true intent to transfer the U.S. company’s technology and products to the People’s Republic of China.
 
  “This case outlines a scheme to secure proprietary technology, some of which was allegedly sent to China, where it could be used to provide companies there with significant advantages that would compromise U.S. business interests,” said United States Attorney Nicola T. Hanna. “The very sensitive information would also benefit foreign adversaries who could use the technology to further or develop military applications that would be detrimental to our national security.”
 
The victim company’s proprietary semiconductor technology has a number of commercial and military applications, and its customers include the Air Force, Navy and the Defense Advanced Research Projects Agency. MMICs are used in electronic warfare, electronic warfare countermeasures and radar applications. … 
 
The computer chips at the heart of this case allegedly were shipped to Chengdu GaStone Technology Company (CGTC), a Chinese company that established a MMIC manufacturing facility in Chengdu. Shih was the president of CGTC, which in 2014 was placed on the Commerce Department’s Entity List, according to the affidavit, “due to its involvement in activities contrary to the national security and foreign policy interest of the United States – specifically, that it had been involved in the illicit procurement of commodities and technologies for unauthorized military end use in China.” Because it was on the Entity List, a license from the Commerce Department was required to export U.S.-origin MMICs to CGTC, and there was a “presumption of denial” of a license.
 
The complaint outlines a scheme in which Shih used a Los Angeles-based company he controlled – Pullman Lane Productions, LLC – to funnel funds provided by Chinese entities to finance the manufacturing of MMICs by the victim company. The complaint affidavit alleges that Pullman Lane received financing from a Beijing-based company that was placed on the Entity List the same day as CGTC “on the basis of its involvement in activities contrary to the national security and foreign policy interests of the United States.”
 
Mai acted as the middleman by using his Los Angeles company – MicroEx Engineering – to pose as a legitimate domestic customer that ordered and paid for the manufacturing of MMICs that Shih illegally exported to CGTC in China, according to the complaint. It is the export of the MMICs that forms the basis of the IEEPA violation alleged against Shih. The specific exported MMICs also required a license from the Commerce Department before being exported to China, and a license was never sought or obtained for this export.
 
  “Today’s actions serve as a reminder that the government will hold individuals accountable who fraudulently procure and export unlawfully protected United States technology and attempt to conceal their criminal activity through international money laundering,” stated Special Agent in Charge R. Damon Rowe with IRS Criminal Investigation. “The IRS plays an important role in tracing illicit funds through both domestic and international financial intuitions. The IRS is proud to partner with the FBI and Department of Commerce and share its world-renowned financial investigative expertise in this investigation.” … 
 
Mai and Shih were expected to make their first court appearances late Friday afternoon in United States District Court in downtown Los Angeles.
 
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
 

If they were to be convicted of the charges in the criminal complaint, Mai would face a statutory maximum sentence of five years in federal prison, and Shih could be sentenced to as much as 25 years in prison. … 

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COMMCOMMENTARY

COMM_a01
12. D.M. Edelman: “Trade Watch: What We Learned in 2017 and What It Means for Business”

(Source:
Export Compliance Matters, 18 Jan 2018.)
      
* Author: Doreen M. Edelman, Esq., Baker Donelson LLP, 202-508-3460,
dedelman@bakerdonelson.com.
 
Baker Donelson’s Trade and Compliance attorneys introduced a trade watch series in 2017 that addressed how trade and compliance matters in the new Administration could affect your business, as well as how you can prepare your business with thoughtful and timely planning.
 
Our series highlighted key developments regarding the Trump Administration’s trade policies in 2017. We considered President Trump’s
First 100 Days
in January and what changes that would bring. In May, we reviewed the state of the Administration and advised how businesses can prepare for the future, and in August we gave an update on the
status of NAFTA
and what businesses should expect to see in the coming months.
 
This alert offers practical advice for businesses in 2018.
 
During his campaign, candidate Trump promised to renegotiate, and if unsuccessful, to withdraw from North American Free Trade Agreement (NAFTA); to withdraw from the proposed Trans-Pacific Partnership Agreement (TPP); to get tough with China; to impose a 35 percent duty on U.S. companies relocating their manufacturing facilities abroad; and to “use every tool under American and international law to end [foreign trade] abuses immediately.” In addition, the President-elect promised to reconsider the lifting of sanctions against Iran and Cuba, in addition to suggesting a change of policy toward Russia.
 
By May, it was clear that President Trump’s repeated challenges to the status quo would not translate into actual changes to existing law. While President Trump took some formal action with respect to foreign relations and trade policy, his specific actions were not entirely consistent with the claims he made as a candidate. For example, fiery campaign rhetoric aimed at China, including threats to formally designating the country as a currency manipulator, gave way to a more measured approach to addressing the trade imbalance between the U.S. and China. President Trump has since met and even praised Chinese President Xi Jinping. Meanwhile, the new Administration prioritized enforcement of existing trade law such as U.S. antidumping and countervailing measures in an effort to level the playing field with China. This is clearly a trend for 2018.
 
On the other hand, just days into his presidency, President Trump did make good on his promise to withdraw the United States from the proposed TPP trade deal. The President’s willingness to back out of the TPP, which U.S. diplomats under the previous Administration had been busy negotiating with 11 countries for years, made clear that the President was not afraid to do a complete 180 on established American trade policy.
 
TPP Breakdown
 
Withdrawal from the TPP preserved the status quo. So, while U.S. businesses did not have to reassess their legal responsibilities or restructure their supply chains in response, the President’s swift about-face with respect to the TPP placed businesses on high alert for potential changes to other international agreements going forward, most notably the NAFTA (see below). Moreover, had the United States moved forward with the TPP, it would have been the largest international trade agreement in history. Withdrawal confirms that the Trump Administration will continue to shift its negotiation priorities from large regional trade agreements to smaller bilateral trade agreements. For example, the President has already voiced support for a U.S.-U.K. trade agreement in light of Brexit.
 
As the 100-day milestone passed, the question became how should businesses prepare for the future? In particular, we recommended businesses assess the sourcing of their products and component parts; consider operational and tax implications for foreign-owned companies; consider their need for foreign workers amidst the rhetoric for heightened scrutiny on immigration; and be ready for stronger enforcement of U.S. export and Office of Foreign Assets Control’s sanction requirements. With the possibility of long-established trade policies changing, businesses must preemptively plan for coping with proposed changes and even identifying new opportunities that arise from such changes.
 
Iran and Cuba
 
This preemptive approach is especially important with respect to trade sanctions regulations. For example, the President’s rhetoric towards increased trade with Cuba has consistently been negative, branding the Obama-era efforts to loosen sanctions on the island nation as a “completely one-sided deal” that is bad for the U.S. During his second 100 days in office, President Trump announced that he would be “canceling” these Obama-era changes. But while the actual regulatory changes released this past November did in fact impose some new restrictions on doing business with Cuba (most notably the prohibition against any direct transactions with entities on the State Department’s new Cuba Restricted List), they did not cancel most of the Obama-era allowances: cruises and flights to Cuba are still permitted, individuals can still travel to Cuba under any of 12 approved categories of travel without obtaining a specific license, and U.S. companies can still do business with Cuban private-sector entrepreneurs. Bottom line: businesses can rely on Obama-era changes.
 
With respect to Iran, the story is similar: the President’s strong rhetoric does not line up squarely with the actual extent to which he has changed existing regulations. Despite branding the Joint Comprehensive Plan of Action (JCPOA) as another ‘bad deal,’ the U.S. is still participating in it and most of the sanctions in place during the Obama era remain unchanged. In 2018, there are additional deadlines to consider, as well as the current protests against the government in Iran. Many experts see a further opening of Iran in the future.
 
The significant legal developments with respect to Cuba and Iran (or lack thereof, depending on who you ask) underscore the importance of (1) acknowledging that this Administration is not afraid of drastically altering the status quo; (2) preemptively devising a business plan to cope with potential changes should they materialize; and (3) (perhaps most importantly) closely monitoring actual legislative and regulatory developments to ensure that changes to your business model are implemented based on the need to consider and address real legal changes, not on a knee-jerk reaction to a slightly unorthodox Administration’s colorful rhetoric.
 
NAFTA Negotiations
 
The sixth round of NAFTA talks will kick off on January 23 in Montreal. As with other issues, the Administration’s stance on NAFTA has evolved considerably over President Trump’s first year in office. Threats to completely scrap NAFTA, which has slashed or eliminated duties on most products and components moving between the U.S., Canada, and Mexico, gave way to “renegotiation and modernization,” efforts that started back in August. Despite hopes that negotiations would be completed by the end of 2017, the renegotiations have already exceeded the original timeline and are likely to stretch well into 2018, if not longer, due to the sheer size of the Agreement and the many competing interests at play.
 
At this juncture, in light of consistent push-back from various sectors of the U.S. economy, from U.S. pork producers to the international automotive industry, it is becoming increasingly unlikely that the United States will completely pull out of the NAFTA as President Trump initially claimed he would do. What is more likely is that renegotiations will proceed, albeit slowly, and an updated agreement between the three countries will ultimately be reached to modernize NAFTA in order to better account for today’s international trade environment (that involves new phenomena that did not exist when the Agreement originally went into effect in 1994, such as Internet commerce).
 
Due to all the competing interests at play, a renegotiated NAFTA will mean different things for different U.S. businesses depending on their particular industry and unique supply chain. The details regarding changes to the particular NAFTA chapters that govern your company’s business will determine whether the renegotiated Agreement will require you to tweak your procedures and business model to account for changes in duty rates, import/export procedures, and phytosanitary requirements. As the renegotiations continue, preemptively setting up a “Plan B” for sourcing those products and components that currently cross Mexican and Canadian borders duty-free under the NAFTA will go a long way towards mitigating any damage done to your bottom line as a result of changes to rules of origin requirements. On a more optimistic note, changes to the NAFTA and a reassessment of your business’s unique supply chain could unearth opportunities to streamline your operations, cut costs, and look at new market opportunities existing through Canadian and Mexican trade agreements.
 
See Doreen’s interview on CGTN America
here: Update on NAFTA Negotiations.

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COMM_a2
13. J.E. Bartlett: “Is it Time to Change the ITAR Definitions of U.S. Person and Foreign Person?”

(Source:
Full Circle Compliance, 22 Jan 2018.)
 
* Author: James E. Bartlett III, Esq., Law Office of James E. Bartlett III, PLLC, and Full Circle Compliance, 
JEBartlett@JEBartlett.com, +1 202-802-0646.
 
The definitions in the International Traffic in Arms Regulations (ITAR) of “U.S. person” and “foreign person” could be better worded without changing the legal effect of the regulations.  “U.S. Person” is currently defined in the ITAR as:
 
§ 120.15 U.S. Person.  
U.S. person means a person (as defined in § 120.14 of this part) who is a lawful permanent resident as defined by 8 U.S.C. § 1101(a)(20) or who is a protected individual as defined by 8 U.S.C. § 1324b(a)(3). It also means any corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States.  It also includes any governmental (federal, state or local) entity.  It does not include any foreign person as defined in § 120.16 of this part. 

 
Although U.S. citizens are defined as U.S. persons by the Immigration and Nationality Act (INA), in 8 U.S.C. § 1324b(a)(3)[F/N], the status of U.S. citizens is not mentioned in the current ITAR § 120.15 definition of U.S. person except by reference to the INA section.  A better definition of U.S. person would include the words “U.S. citizen or national of the United States ” in ITAR § 120.15.  The proposed new definition of ITAR § 120.15, U.S. Person, adds “who is a citizen or national of the United States,” and limits governmental entities to those in the United States, as follows:
 
§ 120.15 U.S. Person.
  U.S. person means a person (as defined in § 120.14 of this part) who is a citizen or national of the United States, a lawful permanent resident as defined by 8 U.S.C. § 1101(a)(20), or who is a protected individual as defined by 8 U.S.C. § 1324b(a)(3).  It also means any corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States, and any United States governmental (federal, state, or local) entity.  It does not include any non-U.S. person as defined in § 120.16 of this part. 

 
The definition of “foreign person” in ITAR § 120.16 could also be improved by changing the name of the term to “non-U.S. person”.  The definition would remain the same except for adding “not a citizen or national of the United States.”  The term “foreign person” is defined in the Arms Export Control Act (AECA), at 22 U.S.C. § 2778(g)(9)(C), as “any person who is not a citizen or national of the United States or lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments.”  Changing the AECA definition would not be possible unless Congress amended the law, but a change of the AECA is unnecessary, because the ITAR could implement the requirements of the AECA regarding foreign persons equally well  by substituting the term “non-U.S. person” for “foreign person”.  “Foreign Person” is currently defined in ITAR § 120.16 as:
 
§ 120.16 Foreign Person.

  

Foreign person means any natural person who is not a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of foreign governments (
e.g., diplomatic missions). 

 
The proposed new definition substitutes “non-U.S. person” for “foreign person”, clarifying that the term does not include U.S. citizens or nationals:
 
§ 120.16
  Non-U.S. person means any natural person who is not a citizen or national of the United States, not a lawful permanent resident as defined by 8 U.S.C. § 1101(a)(20), and not a protected individual as defined by 8 U.S.C. § 1324b(a)(3).
   It also means any foreign corporation, business association, partnership, trust, society, or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments, and any agency or subdivision of foreign governments (
e.g., diplomatic missions).

 
Changing the name “foreign person” to “non-U.S. person” will make it easier for persons in other countries, where U.S. citizens are regarded as foreign persons, to understand the ITAR definition.
Readers’ comments on this proposal are encouraged.  Please send to Jim Bartlett at
JEBartlett@JEBartlett.com.  
 
————–
[F/N]  8 U.S.C. 1324b(a)(3) states:
“Protected individual” defined.  As used in paragraph (1), the term “protected individual” means an individual who-
   (A) is a citizen or national* of the United States, or
   (B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160(a) 
[Special Agricultural Workers] or 
1255a 
(a)(1) 
[Timely Application] of this title, is admitted as a refugee under section 1157
 
[Annual admission of refugees and admission of emergency situation refugees] of this title, or is granted asylum under section 1158 of this title; but does not include:
       (i) an alien who fails to apply for naturalization within six months of the date the alien first becomes eligible (by virtue of period of lawful permanent residence) to apply for naturalization or, if later, within six months after November 6, 1986, and
       (ii) an alien who has applied on a timely basis, but has not been naturalized as a citizen within 2 years after the date of the application, unless the alien can establish that the alien is actively pursuing naturalization, except that time consumed in the Service’s processing the application shall not be counted toward the 2-year period.
* Definition of “national of the United States”:  The U.S. State Department, in the annotation titled “Certificates of Non-Citizen Nationality”,
 available here (undated; last viewed Jan. 20, 2018), states in part:  


As defined by [Section 341(b)of the Immigration and Nationality Act (INA), 8 USC 1452(b)], all U.S. citizens are U.S. nationals, but only a relatively small number of persons acquire U.S. nationality without becoming U.S. citizens. Section 101(a)(21) of the INA defines the term “national” as “a person owing permanent allegiance to a state.” Section 101(a)(22) of the INA provides that the term “national of the United States” includes all U.S. citizens as well as persons who, though not citizens of the United States, owe permanent allegiance to the United States (non-citizen nationals).  Section 308 INA confers U.S. nationality but not U.S. citizenship, on persons born in “an outlying possession of the United States” or born of a parent or parents who are non-citizen nationals who meet certain physical presence or residence requirements. The term “outlying possessions of the United States” is defined in Section 101(a)(29) of the INA as American Samoa and Swains Island. No other statutes define any other territories or any of the states as outlying possessions. In addition to Section 308 of the INA, Section 302 of Public Law 94 – 241 provides for certain inhabitants of the Commonwealth of the Northern Mariana Islands, who became United States citizens by virtue of Article III of the Covenant, to opt for non-citizen national status.

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

COMM_a3
14. J.E. Bartlett: “ITAR § 127.10(a)(ii) Amendment Corrected”

(Source: Author)
 
* Author: James E. Bartlett III, Esq., Law Office of James E. Bartlett III, PLLC, and Full Circle Compliance, 
JEBartlett@JEBartlett.com, +1 202-802-0646.
 
Friday’s (19 Jan 2018) Federal Register published a minor correction to ITAR § 127.10(a)(ii), available
here. Subscribers to Bartlett’s Annotated ITAR (“BITAR”) were sent links to download their new edition of the BITAR containing the amendment. If you are a BITAR subscriber but did not receive your link to download the 19 Jan edition, please email me at the above address. 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 within 24 hours after every ITAR amendment. If you are not a BITAR subscriber, please go
here for subscription details.

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

COMM_a4
15. Gary Stanley’s ECR Tip of the Day

(Source: Defense and Export-Import Update, 22 Jan 2018; available by subscription from  
gstanley@glstrade.com.)
 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
gstanley@glstrade.com.
 
ITAR § 125.4(b)(4) provides an exemption for the export of copies of technical data, including classified information, previously authorized for export to the same recipient. Revised copies of such technical data are also exempt if they pertain to the identical defense article, and if the revisions are solely editorial and do not add to the content of technology previously exported or authorized for export to the same recipient.

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

MSEX/IM MOVERS & SHAKERS

MS_a216. Monday List of Ex/Im Job Openings; 158 Jobs Posted This Week, Including 8 New Jobs

(Source: Editor)  
 

Published every Monday or first business day of the week. Please, send job openings in the following format to 
jobs@fullcirclecompliance.eu.

 
* COMPANY; LOCATION; POSITION TITLE (WEBLINK); CONTACT INFORMATION; REQUISITION ID
 

#
” New or amended listing this week (
8 New Jobs
)

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

*
AJC Logistics; Atlanta, GA; NVOCC Export Specialist;

* 
AJC Logistics; Atlanta, GA; NVOCC Export Specialist;

* Alcon Laboratories, Inc.; Fort Worth, TX;
Manager, Customs Compliance; Requisition ID: 227402BR

* Allports Forwarding Inc.; Portland, OR;
Import Entry Specialist

*
ASM; Phoenix, AZ; Senior Manager Global Trade Compliance; Requisition ID: 7421

* BAE Systems; Los Angeles, CA; 
Program Manager, International and Offset; Requisition ID: 33778BR

# BAE Systems; Farnborough, UK; Compliance Manager, Export Control Group; Requisition ID: 00049052
* Baylor University; Waco, TX;
Manager/Director of Export Compliance; Vacancy ID S030428

* Bell Helicopter; Fort Worth, Texas;
Trade Compliance Specialist III;

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



Boeing; Multiple Locations;
Trade Control Specialist
; Requisition ID: 
1700011280

*
 
Boeing; Queensland, Australia
Trade Control Specialist
; Requisition ID: 
1700027720

*
 
Boeing; St Louis, MO; 
Trade Control Specialist
; Requisition ID: 1700011280 

* Boeing; Crawley, United Kingdom;
Trade Compliance Project Manager – 12 months FTC; Requisition ID: 
1800000286

* BMW North America; Woodcliff Lake, NJ;
Senior Analyst, Trade Compliance; Requisition ID: 170004RD

# Carl Zeiss, Inc.; Thornwood, NY; Trade Compliance Specialist; Internal Number: 13309
* Crane ChemPharma & Energy; Long Beach, CA;
Import Export Compliance Specialist;

* CSRA; San Diego, CA;
Mid-Level FMS Case Analyst; Requisition ID: RQ 3035

* CSRA; San Diego, CA;
Mid-level Case Analyst for MIDS FMS Program; Requisition ID: RQ6975
 

*
 CSRA; San Diego, CA; 
Senior Case Analyst for MIDS FMS Program
; RQ6763 

* CSRA; San Diego, CA;
Senior FMS Case Analyst; Requisition ID: 3004

* CSRA; San Diego, CA; 
Senior FMS Financial Analyst; Requisition ID: 
RQ3010

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

* Eaton; Syracuse, NY;
Global Logistics Manager; Requisition ID: 036620

* Eaton; Shanghai Shi, China;
Global Ethics and Compliance Director, APAC; Requisition ID: 039260

# Elbit Systems of America; Merrimack, NH or Fort Worth, TX; 
Trade Specialist I (Export); Requisition ID 5869
# Elbit Systems of America; Merrimack, NH or Fort Worth, TX;  
Trade Specialist I (Import); Requisition ID 5869
# Elbit Systems of America; Fort Worth, TX; 
Trade Specialist II; Requisition ID 5862

* EoTech Technologies; Ann Arbor, MI;
Trade Compliance Manager; Requisition ID: 092335

* Expeditors; Portland, OR;
US Export Compliance Consultant;

* Expeditors; Sunnyvale, CA;
Customs Compliance Supervisor;

* Expeditors; Atlanta, GA; 
Customs Brokerage Agent


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

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

* Expeditors; Düsseldorf, Germany;
Sachbearbeiter Luftfracht Import;


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

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

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

* FLIR; Billerica, MA;
Global Trade Compliance Analyst,Traffic;
*
 FLIR; Wilsonville, OR; 
Global Trade Compliance Analyst,Traffic
;

*
 FLIR; Elkridge, MD; 
Global Trade Compliance Analyst,Traffic
;

*
FLIR; Arlington, VA;
Senior Analyst, Licensing
* FLIR; Billerica, MA;
Senior Analyst, Licensing
;

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

*
General Atomics; San Diego, CA;
Contract Administrator / International
;

Requisition ID: 13449BR
* General Atomics; San Diego, CA;
Import/Export Compliance Manager / Licensing; Requisition ID: 15444BR
* General Atomics; San Diego, CA;
Import/Export Compliance Manager / Operations; Requisition ID: 15371BR
* General Atomics; San Diego, CA;
Internship, Import/Export, Summer 2018; Requisition ID: 15729BR
*
 General Atomics; San Diego, CA; 
Internship, Import/Export, Summer 2018
; Requisition ID: 15731BR 
* General Atomics; San Diego, CA;
Experienced Contract Administrator / International; Requisition ID: 13449BR
* General Atomics; San Diego, CA; 
Senior Import/Export Administrator;
Requisition ID: 14438BR

* General Dynamics Ordinance and Tactical Systems; Lincoln, NE;
Contracts Administrator; Requisition ID: j29241586


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

* Georgia-Pacific; Atlanta, GA; 
Sr. Analyst, International Trade
; Requisition ID: 052010
 

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

* Harris Corporation; Rochester, NY;
Trade Compliance Specialist; Job Code: CS20172308-20510

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

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

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

* Honda of America Manufacturing; Marysvile, OH;
Import Specialist

* Honeywell; Bucharest, Hungary; 
Import and Export Compliance Manager; HRD12868

* Infineon Technologies; El Segundo, CA;
Senior Export Compliance Specialist; Requisition ID: 23173

* Infineon Technologies; Milpitas, CA;
Senior Export Compliance Specialist; Requisition ID: 21326

* Infineon Technologies; Shanghai, China;
Senior Import and Export Specialist; Requisition ID: 22067

* Infineon Technologies; Munich, Germany;
Experte Export Control (w/m); Requisition ID: 22825

* InteliTrac Global Solutions; Herndon, VA; 
ITAR Compliance Official / Deputy Facility Security Officer;

* InteliTrac Global Solutions; Herndon, VA;
ITAR Compliance Official 

*
JCB North America; Pooler, GA;
Compliance Manager
;

* Johnson and Johnson; Skillman, NJ;
Export Trade Compliance Lead;

*
JTEKT North America Corporation; Greenville, South Carolina; Senior Import Export Specialist;

* Koch Industries; Tulsa, OK; 
Global Trade Compliance & Logistics Director; Requisition ID: 052013
* Livingston International; El Segundo, CA;
HTS Classification;

* Lockheed Martin; Sunnyvale, CA;
Licensing Analyst (Early Career); Requisition ID: 415037BR_1

*
 Lockheed Martin; Littleton, CO; 
Licensing Analyst (Early Career)
; Requisition ID: 415037BR

* Lockheed Martin; Littleton, CO;
International Licensing Analyst; Requisition ID: 412863BR

* Lockheed Martin; Manassas, VA;
International Licensing Analyst; Requisition ID: 399617BR
* Lockheed Martin; Shelton, CT;
International Trade Compliance Manager; Requisition ID: 403295BR
* Lockheed Martin; Shelton, CT;
Senior International Licensing Analyst; Requisition ID: 415613BR
* Lockheed Martin; Stratford, CT;
International Trade Compliance Technology Specialist; Requisition ID: 415922BR
* Lockheed Martin; Ft Worth, TX;
International Trade Compliance Analyst; Requisition ID: 416747BR

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

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

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

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

* Lutron; Coopersburg, PA;
Trade Manager-Export; Requisition ID: 2926
* L-3 LINK Division; Tulsa, OK; 
Contracts Administrator 1; Requisition ID: 091686
* L-3 LINK Division; Arlington, TX;
Trade Compliance Practitioner / Empowered Official; Requisition ID: 089915
* L-3 ALST; Orlando, FL;
Contracts Manager / Empowered Official; Requisition ID: 093069
* L-3 Warrior Sensor Systems; Middle East;
International Business Development Manager – Middle East Region; Requisition ID: 093343
* Medtronic; Heerlen, The Netherlands;
Trade Compliance Analyst; Requisition ID: 16000DYY
* Medtronic; Wash DC;
Global Trade Lawyer;
stacy.m.johnson@medtronic.com; Requisition ID: 170002ON

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

* Moog Inc.; Blacksburg, VA; 
Trade Compliance Specialist
; Requisition ID: 174447

* Nortek Security & Control; Carlsbad, CA;
Global Logistics & Trade Compliance Analyst; Requisition ID: GLOBA01150

* Northrop Grumman; Herndon, VA;
Manager, International Trade Compliance 2; Requisition ID: 17022805
*
Northrop Grumman; Huntsville, AL;
International Trade Compliance 3
; Requisition ID: 17026172
* Northrop Grumman; Rolling Meadows, IL; 
International Trade Compliance Analyst 3; Requisition ID: 
17015695
* Northrop Grumman; San Diego, CA;
Import Export Administrator 3; Requisition ID: 17026003

* Oracle; Portland, OR;
Customs Compliance Specialist;

* OneWeb; Arlington, VA;
Export Compliance Specialist;

# Orbital ATK; Promontory, UT;
Import/Export Specialist; Requisition ID: 
JAY20181101-43069

* Pratt & Whitney; East Hartford, CT;
International Trade Compliance (ITC) Specialist; Requisition ID:
 49375BR

* Pratt & Whitney; West Palm Beach, FL;
International Trade Compliance (ITC) Specialist; Requisition ID: 
55088BR

* Pratt & Whitney; East Hartford, CT;
International Trade Compliance Technology Manager; Requisition ID: 
51863BR

* Pratt & Whitney; East Hartford, CT;
Manager, International Trade Compliance Military Engines
Requisition ID: 57613BR

* Raytheon SAS; McKinney, TX;
Senior Regulatory Compliance Analyst; Requisition ID: 
107180BR
* Raytheon IIS; Orlando, FL;
 
Global Trade Licensing Analyst II; Requisition ID: 104036BR
* Raytheon IIS; Dulles, VA;
Global Trade Licensing Analyst II
Requisition ID: 104036BR

* Rolls-Royce; Indianapolis, IN;
 
Export Control Specialist; Req ID:
 

JR6025484 

*
RUAG Space USA; Huntsville AL; 
Global Trade Control Manager
; Requisition ID: 1748547

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

* SAFRAN Group; United Kingdom;
Trade Compliance Specialist;

* Team Worldwide; Houston, Texas; 
Import Export Specialist;

* Teledyne Imaging; Waterloo, Ontario, Canada;
Director of International Trade Compliance; Requisition ID: TC0617

* Teledyne Imaging; Chestnut Ridge, NY; 
Director of International Trade Compliance; Requisition ID: 2017-5558
*
 Teledyne Imaging; Billerica, MA; Director of International Trade Compliance; Requisition ID: 2017-5558 

* Teledyne Imaging; Tarrytown, NY; 
Director of International Trade Compliance; Requisition ID: 2017-5558
* Teledyne Imaging; Kiln, MS; 
Director of International Trade Compliance; Requisition ID: 2017-5558
*
 Teledyne Imaging; Fredricton, NB; 
Director of International Trade Compliance
; Requisition ID: 2017-5558 

* Textron; Hunt Valley, MD;
2018 Intern – Export Import Analyst;

* Textron; Hunt Valley, MD;
Manager – Export Compliance;

* Textron; Hunt Valley, MD;
Senior Manager – Export Compliance;

*
Thermo Fisher Scientific; Waltham, MA;
Director, Global Trade Compliance
;

* TLR; Portland, OR; 
Export Documentation Specialist; Requisition ID: 1042

* TLR; San Fransisco, CA;
Import CSR; Requisition ID: 1040

* TLR; Houston, TX; 
Import Supervisor; Requisition ID: 1041

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

# Trek; Waterloo, WI; Global Trade & Logistics Specialist;
* Ultra Electronics; Loudwater, United Kingdom;
International Trade Manager;

* United Technologies Corporation, UTC Aerospace Systems; Chula Vista, CA; 
ITC Specialist
; Requisition ID: 51240BR

* United Technologies Corporation, UTC Aerospace Systems; Chula Vista, CA; 
Supply Chain International Trade and Compliance Focal
; Requisition ID: 53794BR

* United Technologies Corporation; Chula Vista, CA;
Senior Associate, ITC Digital Solutions; Requisition ID: 58783BR

* United Technologies Corporation; East Hartford, CT;
International Trade Compliance Technology Manager; Requisition ID: 51863BR
* United Technologies Corporation; East Hartford, CT;
Manager, International Trade Compliance – Military Engines; Requisition ID: 57613BR
* United Technologies Corporation; East Hartford, CT; Manager, ITC Operations; Requisition ID: 56385BR


* United Technologies Corporation; East Hartford, CT;
ITC and ACE Program Manager, ASC; Requisition ID: 58388BR

# 
University of Colorado, LASP; Boulder CO; 
Export Compliance Administrator

hrads@lasp.colorado.edu
; Requisition ID: 12298
* Vigilant; Negotiable Location, USA;
Global Trade Compliance Analyst;

*
Volvo; Charleston, SC; OBL- Operations & Ocean Export Specialist;

* Xilinx; San Jose, CA;
Global Trade Compliance Manager; Requisition ID: 154441

*
 Xilinx; San Jose, CA; Global Trade Compliance Program Manager; Requisition ID: 154442 

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

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

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a117.

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 and Full Circle Compliance present 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.

*
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

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

ENEDITOR’S NOTES


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

EN_a319
. 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 Amendments: 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, Census/AES guidance, and to many errors contained in the official text. Subscribers receive revised copies every time the FTR is amended. The BAFTR is available by annual subscription from the Full Circle Compliance website.  BITAR subscribers are entitled to a 25% discount on subscriptions to the BAFTR.
 
*
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA)
, 1 Jan 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_a0314
Weekly Highlights of the Daily Bugle Top Stories

(Source: Editor) 

Review last week’s top Ex/Im stories in “Weekly Highlights of the Daily Bugle Top Stories” published 
here

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

EPEDITORIAL POLICY

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., compiled by: Editor, James E. Bartlett III; Assistant Editors, Alexander P. Bosch and Vincent J.A. Goossen; and Events & Jobs Editor, John Bartlett. The Ex/Im Daily Update is emailed every business day to approximately 8,000 readers of changes to defense and high-tech trade laws and regulations. We check the following sources daily: Federal Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP, DOJ/ATF, DoD/DSS, DoD/DTSA, State/DDTC, Treasury/OFAC, White House, and similar websites of Australia, Canada, U.K., and other countries and international organizations.  Due to space limitations, we do not post Arms Sales notifications, Denied Party listings, or Customs AD/CVD items.

* RIGHTS & RESTRICTIONS: This email contains no proprietary, classified, or export-controlled information. All items are obtained from public sources or are published with permission of private contributors, and may be freely circulated without further permission, 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 of this newsletter cannot be relied upon as legal or expert advice.  Consult your own legal counsel or compliance specialists before taking actions based upon news items or opinions from this or other unofficial sources.  If any U.S. federal tax issue is discussed in this communication, it was not intended or written by the author or sender for tax or legal advice, and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or tax-related matter.

* SUBSCRIPTIONS: Subscriptions are free.  Subscribe by completing the request form on the Full Circle Compliance website.

* TO UNSUBSCRIBE: Use the Safe Unsubscribe link below.

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