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18-0212 Monday “Daily Bugle”

18-0212 Monday “Daily Bugle”

Monday, 12 February 2018

TOP
The Daily Bugle is a free daily newsletter from Full Circle Compliance, containing changes to export/import regulations (ATF, DOE/NRC, Customs, NISPOM, EAR, FACR/OFAC, FAR/DFARS, FTR/AES, HTSUS, and ITAR), plus news and events.  Subscribe 
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  1. Commerce/BIS Seeks Comments Regarding Controls on Energetic Materials, Armored and Protective “Equipment” and Military Electronics 
  2. State Seeks Comments Regarding Review of USML Categories V, X, and XI 
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: Justin Gage Jangraw of Key West, FL, Denied Export Privileges for Five Years
  3. Commerce/BIS: Irina Cvetkovic of Marianna, FL, Denied Export Privileges for Ten Years
  4. DHS/CBP Extends New ADCVD Universe in ACE Reports Transition Date Until 1 Mar
  5. DoD/DSCA Posts Policy Memo 18-02
  6. State/DDTC: (No new postings.)
  7. Treasury/OFAC Posts New Venezuela-Related Frequently Asked Questions
  8. EU Amends Restrictive Measures Concerning Democratic Republic of the Congo and Libya
  9. India DGFT Updates SCOMET Export Control List, Appendix 3
  1. Bloomberg: “Airbus Pays $99-Million Fine to End Eurofighter Bribery Case”
  2. ST&R Trade Report: “More ACE Changes Coming Feb. 24”
  1. D.M. Edelman: “U.S. Exporters – Don’t Forget the U.S. Commercial Service”
  2. Gary Stanley’s ECR Tip of the Day
  3. R.C. Burns: “2 Bad Ideas ≠ 1 Good Idea: EU Considers Blocking Rules If US Exits Iran Deal”
  1. Monday List of Ex/Im Job Openings: 136 Jobs Posted, Including 1 New Job
  1. ECTI Presents “United States Export Control (ITAR/EAR/OFAC) Seminar Series” 16-19 Apr in Las Vegas, NV
  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 (26 Jan 2018), FACR/OFAC (28 Dec 2017), FTR (20 Sep 2017), HTSUS (8 Feb 2018), ITAR (19 Jan 2018) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1. Commerce/BIS Seeks Comments Regarding Controls on Energetic Materials, Armored and Protective “Equipment” and Military Electronics


(Source: Federal Register, 12 Feb 2018.) [Excerpts.]
 
83 FR5968-5970: Request for Public Comments Regarding Controls on Energetic Materials, Armored and Protective “Equipment” and Military Electronics
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Notice of Inquiry; request for comments.
* SUMMARY: The Bureau of Industry and Security (BIS), Department of Commerce, is seeking public comments to perform a complementary review of items on the Commerce Control List concurrent with the Department of State’s review of the controls implemented in its recent revisions of parts of the United States Munitions List (which control explosives and energetic materials, propellants, incendiary agents and their constituents; personal protective equipment; and military electronics), to ensure that the descriptions of these items on the CCL are clear, items for normal commercial use are not inadvertently controlled as military items on the USML, technological developments are accounted for on the control lists, and controls properly implement the national security and foreign policy objectives of the United States. This Notice of Inquiry also furthers the regulatory reform agenda directed by the President in Executive Order 13777.
* DATES: Comments must be received by BIS no later than April 13, 2018.
* ADDRESSES: Comments may be submitted through the Federal rulemaking portal. The regulations.gov ID number for this rule is BIS-2018-0004. All comments (including any personally identifying information) will be made available for public inspection and copying.
* FOR FURTHER INFORMATION CONTACT:
   For technical questions relating to the item. For questions regarding energetic materials (ECCNs 1B608, 1C608, 1D608 and 1E608) or personal protective equipment, shelters and related items (ECCNs 1A613, 1B613, 1D613 and 1E613), contact Joseph Giunta in the Office of National Security and Technology Transfer Controls, Electronics and Materials Division at (202) 482-3127 or Joseph.Giunta@bis.doc.gov. For questions relating to military electronics (ECCNs 3A611, 3B611, 3D611 and 3E611), contact Brian Baker, Director, Electronics and Materials Division, Office of National Security and Technology Transfer Controls at (202) 482-5534 or Brian.Baker@bis.doc.gov. For questions relating to cryogenic and superconducting equipment (ECCNs 9A620, 9B620, 9D620 and 9E620), contact Michael Tu in the Office of National Security and Technology Transfer Controls, Sensors and Aviation Division at (202) 482-6462 or Michael.Tu@bis.doc.gov.
   For licensing questions related to the item. For general questions regarding license applications for “600 series” ECCNs, contact Thomas DeFee or Christopher Williams in the Office of Strategic Industries and Economic Security, Munitions Control Division, at (202) 482-4506 or at Thomas.DeFee@bis.doc.gov or Christopher.Williams@bis.doc.gov. For “600 series” licenses regarding energetic materials (ECCNs 1B608, 1C608, 1D608 and 1E608) or personal protective equipment, shelters and related items (ECCNs 1A613, 1B613, 1D613 and 1E613), contact Kylie Gaskins, Munitions Control Division at (202) 482-3064 or Kylie.Gaskins@bis.doc.gov. For “600 series” licenses relating to military electronics (ECCNs 3A611, 3B611, 3D611 and 3E611) and cryogenic and superconducting equipment (ECCNs 9A620, 9B620, 9D620 and 9E620), contact Adam Duvall, Munitions Control Division at (202) 482-6534 or Adam.Duvall@bis.doc.gov.
* SUPPLEMENTARY INFORMATION: …
   Specifically, BIS is soliciting comments on the clarity, usability and any other matters related to implementation of the “600 series” Export Control Classification Numbers (ECCNs) that control the following items, as well as certain items related thereto: energetic materials (ECCNs 1B608, 1C608, 1D608 and 1E608); armored and protective “equipment” (ECCNs 1A613, 1B613, 1D613, 1E613); military electronics (ECCNs 3A611, 3B611, 3D611 and 3E611); and cryogenic and superconducting equipment (ECCNs 9A620, 9B620, 9D620 and 9E620).
   A core element of the transfer of certain articles on the USML to “600 series” ECCNs on the CCL has been the streamlining of categories on the USML, resulting in the control on the CCL of items that the President determines do not warrant USML control. On December 10, 2010, the Department of State provided notice to the public of its intent to revise the USML to create a more “positive list” that describes controlled items using, to the extent possible, objective criteria rather than broad, open-ended, subjective, or design intent-based criteria (see 75 FR 76935). As a practical matter, this meant revising USML categories so that, with some exceptions, the descriptions of defense articles that continued to warrant control under the USML did not use catch-all phrases to control unspecified items. With limited exceptions, the defense articles that warranted control under the USML were those that provided the United States with a critical military or intelligence advantage. All other items were to become subject to the export licensing jurisdiction of the EAR. Since that time, the Department of State has published final rules setting forth revisions for eighteen USML categories, each of which has been reorganized into a uniform and more “positive list” structure. In coordination with the Department of State, the Department of Commerce has published final rules that made corresponding revisions to the CCL by controlling items that the President has determined do not warrant control on the USML. …
   Consistent with the approach described above, this NOI requests public comments as part of a review of changes to the EAR that complements a similar review the Department of State is performing with respect to the ITAR. As discussed above, the Departments of State and Commerce reviews are being undertaken to follow up on sets of rules published by the Departments of State and Commerce. These rules implemented revisions to the following categories of the USML: Category V (explosives and energetic materials, propellants, incendiary agents and their constituents), effective July 1, 2014 (see 79 FR 34); Category X (protective personnel equipment), effective July 1, 2014 (see 79 FR 34); and Category XI (military electronics), effective December 30, 2014 (see 79 FR 37536). These rules also added the following “600 series” ECCNs to the CCL: ECCNs 1B608, 1C608, 1D608, 1E608, 1A613, 1B613, 1D613 and 1E613, effective July 1, 2014 (see 79 FR 264), and ECCNs 3A611, 3B611, 3D611, 3E611, 9A620, 9B620, 9D620 and 9E620, effective December 30, 2014 (see 79 FR 37551). The Department of State is seeking comments from the public on the condition and efficacy of the revised Categories V, X, and XI and whether they are meeting the objectives for the list revisions. BIS will make any changes to the CCL that it determines are necessary to complement revisions to the USML by the Department of State. In addition, through this NOI, BIS is independently seeking comments on how to improve the implementation of these “600 series” ECCNs on the CCL.
   BIS is also seeking comments on potential cost savings to private entities from shifting control of specific commercial items from USML to the CCL. To the extent possible, please quantify the cost of compliance with USML control of commercial items, to include the time saved, the reduction in paperwork, and any other cost savings for a particular change.
 
   Dated: January 31, 2018.
Richard E. Ashooh, Assistant Secretary for Export Administration.

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

EXIM_a2

2. State Seeks Comments Regarding Review of USML Categories V, X, and XI
(Source: Federal Register, 12 Feb 2018.) [Excerpts.]
 
83 FR 5970-5971: Notice of Inquiry; Request for Comments Regarding Review of United States Munitions List (“USML”) Categories V, X, and XI
* AGENCY: Department of State.
* ACTION: Notice of Inquiry; request for comments.
* SUMMARY: The Department of State requests comments from the public to inform its review of the controls implemented in recent revisions to Categories V, X, and XI of the United States Munitions List (USML). The Department periodically reviews USML categories to ensure that they are clear, do not inadvertently control items in normal commercial use, account for technological developments, and properly implement the national security and foreign policy objectives of the United States.
* DATES: The Department will accept comments on the Notice of Inquiry up to April 13, 2018.
* ADDRESSES: You may send comments, identified by docket number DOS-2017-0017, by any of the following methods:
  – Email: DDTCPublicComments@state.gov. Include docket number DOS-2017 in the subject line with, “Request for Comments Regarding Review of USML Categories V, X and XI.”
  – Internet: At www.regulations.gov Follow the instructions for sending comments using docket number, DOS-2017-0017.
  – Comments submitted through www.regulations.gov will be visible to other members of the public; the Department will publish all comments on the Directorate of Defense Trade Controls website. Therefore, commenters are cautioned not to include proprietary or other sensitive information in their comments.
* FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2816; email wubnehem@state.gov. ATTN: Request for Comments Regarding Review of USML Categories V, X and XI.
* SUPPLEMENTARY INFORMATION: …
   The Department requests public comment on USML Categories V, X and XI. General comments on other aspects of the ITAR, to include other categories of the USML, are outside of the scope of this inquiry. In order to contribute effectively to the USML review process, all commenters are encouraged to provide comments that are responsive specifically to the prompts set forth below.
   The Department requests comment on the following topics, as they relate to Categories V, X and XI:
    (1) Emerging and new technologies that are appropriately controlled by one of the referenced categories, but which are not currently described in subject categories or not described with sufficient clarity.
    (2) Defense articles that are described in subject categories, but which have entered into normal commercial use since the most recent revisions to the category at issue. For such comments, be sure to include documentation to support claims that defense articles have entered into normal commercial use.
    (3) Defense articles for which commercial use is proposed, intended, or anticipated in the next 5 years.
    (4) Drafting or other technical issues in the text of all of the referenced categories.
    (5) Comments regarding USML Category XI paragraph (b) modification.
    (6) Potential cost savings to private entities from shifting control of specific commercial items from USML to the Export Administration Regulations. To the extent possible, please quantify the cost of compliance with USML control of commercial items, to include the time saved, the reduction in paperwork, and any other cost savings for a particular change. ….
 
  Richard Koelling, Acting Director, Office of Defense Trade Controls Policy, Bureau of Political-Military Affairs, U.S. Department of State.

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

OGSOTHER GOVERNMENT SOURCES

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

* Treasury; Foreign Assets Control Office; NOTICES; Blocking or Unblocking of Persons and Properties [Publication Date: 13 February 2018.]

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

(Source:
Commerce/BIS, 12 Feb 2018.) [Excerpts.]
 
* Respondent: Justin Gage Jangraw, Key West, FL
* Charges: On 21 November 2014, in the U.S. District Court for the District of Columbia, Justin Gage Jangraw (“Jangraw”) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. § 2778 (2012)) (“AECA”). Specifically, Jangraw was convicted of knowingly and willfully exporting, attempting to export, and causing to be exported from the United States to Austria three Magpul angled fore grips and Magpul battery-assisted device levers designated as defense articles on the United States Munitions List, without the required U.S. Department of State licenses. Jangraw was sentenced to eight months in prison, one year of supervised release, and a $125 assessment.
* Debarred: From the date of his conviction until 21 November 2019.
* Date of Order: 7 February 2018
* * * * * * * * * * * * * * * * * * * *

(Source:
Commerce/BIS, 12 Feb 2018.) [Excerpts.]
 
* Respondent: Irina Cvetkovic, Marianna, FL
* Charges: On 26 April 2017, in the U.S. District Court for the District of Arizona, Irina Cvetkovic, (“Cvetkovic”) was convicted of violating Section 38 of the Arms Export Control Act (“AECA”). Specifically, Cvetkovic was convicted of knowingly and willfully exporting and causing to be exported from the United States to Hong Kong two Ruger model SR22 semi-automatic pistols, two silencers, and 1,000 rounds of ammunition, which are items designated as defense articles on the United States Munitions List, without the required U.S. Department of State licenses. Cvetkovic was sentenced to 10 months in prison, with credit for time served, one year of supervised release, and a $100 special assessment.
* Debarred: From the date of Cvetkovic conviction until 26 April 2027.
* Date of Order: 9 February 2018
* * * * * * * * * * * * * * * * * * * * 

(Source:
CSMS #18-000131, 12 Feb 2018.)
 
CBP has deployed a new ADCVD universe that is available in parallel with the current ADCVD universe. During this period, importers and customs brokers have the opportunity to gain an understanding of the new universe and to become comfortable using the renamed data objects therein. For your reference, please see the attached mapping document, which identifies the new data objects in the new ADCVD universe in comparison to those in the current ADCVD universe.  

Users should select either the “Broker” or “Importer” workspace from the ACE Reports landing page, then navigate to the “Entry Summary” tab, and within that tab click on the sub-tab labeled “ADCVD NEW.” At the time of cutover on March 1, 2018, the “ADCVD NEW” tab will be renamed to “ADCVD,” replacing the current tab labeled “ADCVD.”  

Users can also test the new universe by selecting by selecting the “Create Ad Hoc Report” button, found on the ACE Reports landing page, and choosing “ADCVD – NEW” from the universe drop-down.  

If you have created and saved any ad-hoc reports for the current universe, please recreate them for use in this new universe before March 1, 2018.

 
Attachment: ADCVD_Conversion_Map_updated.pdf    

  – Related CSMS No. 18-000034 

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

(Source:
DoD/DSCA, 12 Feb 2018.)
 

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

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

(Source:
Treasury/OFAC, 12 Feb 2018.) 
 
Today, the Department of the Treasury’s Office of Foreign Assets Control is publishing two new Venezuela-related frequently asked questions (FAQs).  The FAQs provide additional guidance on the debt-related prohibitions in Executive Order (E.O.) 13808, including the meaning of “new debt” for the purposes of E.O. 13808 and the receipt of certain late payments from the Government of Venezuela, including Petroleos de Venezuela, S.A. (PdVSA).

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

 
Regulations:
* Council Implementing Regulation (EU) 2018/197 of 9 February 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo
* Commission Implementing Regulation (EU) 2018/200 of 9 February 2018 amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya
 
Decisions:
* Council Implementing Decision (CFSP) 2018/202 of 9 February 2018 implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo
* Council Implementing Decision (CFSP) 2018/203 of 9 February 2018 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya
* * * * * * * * * * * * * * * * * * * * 

(Source:
India DGFT, 12 Feb 2018.)
 
On 31 January 2018, the Indian Directorate General of Foreign Trade updated the SCOMET Export Control List, Appendix 3.
 
The updated Appendix 3 can be found here.
* * * * * * * * * * * * * * * * * * * * 

NWSNEWS

NWS_a1
12. Bloomberg: “Airbus Pays $99-Million Fine to End Eurofighter Bribery Case”
(Source: Bloomberg, 9 Feb 2018.)
 
Airbus SE agreed to pay a 81 million-euro ($99 million) fine to end a five-year bribery investigation by German prosecutors in connection with Eurofighter jets the defense company sold to Austria in 2003.
 
The Munich Public Prosecutor found former Airbus space and defense executives were guilty of a “negligent breach of supervisory duties” by failing to implement internal controls, the company said Friday in a statement. The probe failed to find any evidence of bribes, the prosecutors said in a statement on their website.
 
“The notice alleges that certain former management negligently failed to ensure proper internal controls that would have prevented employees from making payments to business partners without proven documented services in exchange,” Airbus said. “On the other hand, the notice explicitly recognizes the major efforts undertaken by Airbus and its management since 2012, which have resulted in a new compliance culture and a serious compliance program.”
 
Airbus is the subject of bribery and fraud investigations by prosecutors in the U.K., France and Austria, among other countries. Chief Executive Officer Tom Enders has said he has tried to remodel the aircraft maker to rid it of the external agents who have often been used to pay bribes to government and airline officials.
 
Austrian allegations against Airbus claim that the company knew Eurofighters wouldn’t be available on time and in the right configuration and that the country was overcharged for expenses that included lobbying and kickbacks. Airbus was the partner in the fighter program that negotiated the sale.

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

NWS_a213. ST&R Trade Report: “More ACE Changes Coming Feb. 24”

 
U.S. Customs and Border Protection reports that on Feb. 24 it will update the Automated Commercial Environment to allow electronic entry and entry summary filing via the Automated Broker Interface for goods from Cuba. CBP encourages filers to ensure their software vendors have updated their programs to allow Cuba to be reported as a valid country of origin.
 
Also beginning Feb. 24 ACE will decrement drawback eBonds when accelerated payment is requested and an eBond bond status will be sent to the sureties. CBP states that entry summary nightly, entry summary quarterly, and continuous bond (AS, AQ, and BO) Automated Surety Interfaces will be generated from ACE and all other ASI will remain in the Automated Commercial System.

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

COMMCOMMENTARY

COMM_a01
14. D.M. Edelman: “U.S. Exporters – Don’t Forget the U.S. Commercial Service”
(Source: Export Compliance Matters, 9 Feb 2018.)
        
* Author: Doreen M. Edelman, Esq., Baker Donelson LLP, 202-508-3460, dedelman@bakerdonelson.com
.
 
If you are an exporter, you know that finding legitimate international buyers able to pay for your products can be one of the more challenging aspects of doing business.  One underutilized strategy for expanding your company’s global sales is to review the offerings of the U.S. Commercial Service, which is a service brought to you by the U.S. Department of Commerce and funded by the government.
 
A good starting point for a company to explore a new country is to review its Country Commercial Guide (CCG).  The CCGs offer specific market factors and best practices for exporting to over 125 countries.  The guides include overviews of top industry sectors, trade regulations and tariff information companies need to be aware of, and a breakdown of each region’s foreign investment climate.  The Commercial Service also recently released a useful video series to accompany the CCGs and to highlight business opportunities in 20 key export market destinations that account for nearly 70% of total U.S. export value.
 
In addition to the CCGs, the Commercial Service’s website offers several other educational tools and resources designed to help exporters find international customers, navigate customs and documentation issues, and successfully break into new markets abroad. Such services include:
  i.) International Partner Search, to help identify potential partners and get their detailed company reports;
  ii.) the Gold Key Service, to help you meet one-on-one with pre-screened sales representatives deemed compatible with your company;
  iii.) the Single Company Promotion, where trade experts help organize a promotional event for you to reach target audiences;
  iv.) International Company Profile, where you can order an international company report containing available sales, profit figures, potential liabilities, and other financial information to learn about prospective foreign partners, and 
  v.) the U.S. Exporter Directory, where you can feature and advertise your U.S. products and services on Commercial Service websites.  While some of these products do have a fee, they are very reasonable.
 
These services are just a few of the many useful options the Commercial Service can provide exporters.  Its website also provides a list of upcoming sponsored export trade conferences and trade missions. Trade missions are overseas programs for U.S. firms that wish to pursue export opportunities by meeting potential clients in their home country. The Department of Commerce also offers Certified Trade Missions, which are overseas events planned, organized, and led by private and public sector export-oriented groups.  The missions offer companies the chance to:
 
  – meet one on one with foreign industry executives and government officials that have been pre-selected to match the exporter’s business objectives;
  – to network with top industry leaders; and
  – to attend briefings and roundtables with the local legal and business community.
 
For example, the Commercial Service has recently announced a trade conference and mission in the Caribbean region scheduled for early May 2018.  The “Trade Americas” conference will offer U.S. companies the chance to explore and investigate six markets across the Caribbean region, a total market of 43 million people who imported over $20.9 billion of U.S. goods in 2016.  This mission will focus on significant regional export sectors such as medical devices, pharmaceuticals, construction equipment, information and communications technology (ICT), franchising, manufacturing equipment, maritime services among others.
 
By taking advantage of trade events like the Trade Americas conference, U.S. exporters can make crucial industry contacts and learn new market access strategies for expanding their business. The Commercial Service serves to benefit and assist U.S. businesses, and consistently provides a full range of expert services in all realms of international trade. It is important to note that your international sanctions and compliance requirements will always apply, and these products are not a substitute for an exporter’s due diligence regarding the potential export country and the potential buyer. However, if you have vetted a potential customer through the Commercial Service and have done your due diligence, you will have mitigating factors if any unexpected issue arrives.

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

COMM_a2
15. Gary Stanley’s ECR Tip of the Day
(Source: Defense and Export-Import Update, 9 Feb 2018. Available by subscription from
gstanley@glstrade.com
.)
 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
gstanley@glstrade.com
.
 
According to a BIS Advisory Opinion dated 24 October 2013, the posting of software on a public website for free and anonymous download makes that software publicly available, and therefore not subject to the EAR (see EAR § 734.7). If, however, as in this situation, the software is time limited or otherwise restricted to a trial period, it is not publicly available under section 734.7. Because the presence of the time restriction drastically limits the ability of the public to use the software for free, the software is not “generally accessible” as contemplated by section 734.7(a). Consequently, the software would be subject to the EAR during the 30-day free trial as well as when it is downloaded after purchase of the unlock code.

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

COMM_a3
16. R.C. Burns: “2 Bad Ideas

1 Good Idea: EU Considers Blocking Rules If US Exits Iran Deal”
(Source:
Export Law Blog
, 9 Feb 2018. Reprinted by permission.)
 
* Author: R. Clifton Burns, Esq., Bryan Cave LLP, Wash DC,
Clif.Burns@bryancave.com
, 202-508-6067).
 
In response to the current administration’s hourly threats to pull out of the nuclear deal with Iran, it appears that the EU might not only remain in the deal but also adopt blocking regulations prohibiting E.U. firms from complying with any resurrected U.S. sanctions on Iran.  This idea was floated by Denis Chaibi, head of the Iranian task force of the EU’s external action service, at a Euromoney conference in Paris.
 
Chaibi cited the Cuban embargo blocking regulations as an example of what they were thinking about. The problem, of course, is that the folks at OFAC do not care about silly E.U. laws. If a European subsidiary of a U.S. company tells OFAC that it was required by European law to ignore U.S. sanctions, the response from OFAC has always been terse and brutal: do we look like we care? The U.S. rules the world, our laws apply everywhere and to everyone, and instead of obeying European laws that conflict with U.S. laws you have two choices: break the law in Europe or get the heck out of Europe.
 

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

MSEX/IM MOVERS & SHAKERS

MS_a217. Monday List of Ex/Im Job Openings; 136 Jobs Posted This Week, Including 1 New Job

(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 (
1 New Job
)

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

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

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

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


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

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

* BMW North America; Woodcliff Lake, NJ;
Senior Analyst, Trade Compliance; Requisition ID: 170004RD
 * Buehler; Lake Bluff, IL;
Manager, Compliance and Logistics; Requisition ID: 2018-004

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; 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
;

* Garmin; Olathe, Kansas; International Trade Compliance Specialist; Requisition ID: 1800006
*
 
General Atomics; San Diego, CA; Sr. Director of Import/Export Compliance; Job ID: 13892BR

* 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 

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

* 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

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

* 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;

# Johnson and Johnson; Skillman, NJ; 
Senior Trade Compliance Customs Analyst, CLS North America
; Requisition ID: 4380171108
* Koch Industries; Tulsa, OK; 
Global Trade Compliance & Logistics Director; Requisition ID: 052013
* Koch Industries; Tulsa, OK;
Import/Export Compliance Specialist; Job ID: 052017
* Koch Industries – Invista; Wilmington, DE;
Compliance Program Manager / Apparel and Advanced Textiles
; Job ID: 051793
* Koch Industries; Houston, TX;
Business Compliance Leader; Job ID: 052094

* 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; 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; Arlington, VA; Export Licensing Staff
Requisition ID 419903BR
* Lockheed Martin; Arlington, VA; Export Licensing Staff
Requisition ID 418603BR
* Lockheed Martin; Arlington, VA; International Trade Compliance Staff; Requisition ID 418761BR

* L-3 LINK Division; Tulsa, OK; 
Contracts Administrator 1; Requisition ID: 091686
* 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
* Maersk/DAMCO; Agent de transit IMPORT – EXPORT; Job Ref.: DC-164022
* Medtronic; Heerlen, The Netherlands;
Trade Compliance Analyst; Requisition ID: 16000DYY
* Medtronic; Wash DC;
Global Trade Lawyer;
stacy.m.johnson@medtronic.com; Requisition ID: 170002ON

* 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
:
 
17022803
* Northrup Grumman; Rolling Meadows, IL; International Trade Compliance Analyst 3; Requisition ID: 17028134

* Northrop Grumman; Herndon, VA;
Manager, International Trade Compliance 2; Requisition ID: 17022805
*
Northrop Grumman; Huntsville, AL;
International Trade Compliance 3
; Requisition ID: 17026172

* OneWeb; Arlington, VA;
Export Compliance Specialist;

* Orbital ATK; Fort Worth, TX;
Customs Compliance Analyst; Requisition ID: 
JAY20182301-43349
* Oracle; United States;
Senior Customs Compliance Specialist; Job ID: 170018FJ

* Oracle; United States;
Customs Compliance Specialist; Job ID: 17001CBG

* Oracle; Bejing, China;
Senior Customs Compliance Specialist – APAC; Job ID: 17001CBI

* Oracle; Singapore;
Trade Compliance Specialist; Job ID: 17001ESC

* 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 

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

* SAFRAN Group; United Kingdom;
Trade Compliance Specialist;

* The Spaceship Company; Mojave, CA; Export Compliance Officer;
* Spirent; San Jose, CA;
Global Trade Compliance Specialist; Requisition ID: 4088

* Teledyne Geophysical; Houston, TX; Trade Compliance Specialist; Requisition ID: 2017-5459
* Teledyne Microwave Solutions; Mountain View, CA; Trade Compliance Administrator II; Requisition ID: 2018-6089
* 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
;

* Thermo Fisher Scientific; Yokohama, Japan; 
Compliance Specialist
; Job ID: 53213BR

* Thermo Fisher Scientific; Shanghai, China; 
Trade Compliance Specialist
; Job ID: 57953BR 

* Thermo Fisher Scientific; Franklin, MA; 
Trade Compliance Specialist; Job ID: 
61435BR

* Thermo Fisher Scientific; Carlsbad, CA; 
Compliance Specialist II; Job ID: 
60951BR

* Thermo Fisher Scientific; Suwanee, GA; 
Export Compliance Specialist III; Job ID: 
60224BR

* Thermo Fisher Scientific; Suwanee, GA; 
Senior Director and GM, Global Export and Developing Regions; Job ID: 
56334BR

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

*
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; Birmingham, UK; 
International Trade Compliance Manager;
Requisition ID: 39257
* United Technologies Corporation, UTC Aerospace Systems; Chula Vista, CA; 
Supply Chain International Trade and Compliance Focal
; Requisition ID: 53794BR
* United Technologies Corporation, UTC Aerospace Systems; Chula Vista, CA; 
Sr. Associate, ITC Digital Solutions
; Requisition ID: 59662BR
* United Technologies Corporation, UTC Aerospace Systems; Chula Vista, CA

Supply Chain Specialist- ITC/Regulatory
; Requisition ID: 53794BR
* United Technologies Corporation, Pratt & Whitney; East Hartford, CT;
International Trade Compliance (ITC) Specialist
; Requisition ID: 49375BR
* United Technologies Corporation, Pratt & Whitney; East Hartford, CT;
International Trade Compliance Technology Manager
; Requisition ID: 51863BR
* United Technologies Corporation, Pratt & Whitney; East Hartford, CT;
Manager, International Trade Compliance Military Engines
; Requisition ID: 57613BR
* United Technologies Corporation, Pratt & Whitney; East Hartford, CT; 
ITC Technology Manager; Requisition ID: 55944BR
* United Technologies Corporation; Pratt & Whitney; East Hartford, CT;
International Trade Compliance Specialist
;
Requisition ID: 57614BR
* United Technologies Corporation; Pratt & Whitney; East Hartford, CT;
International Trade Compliance Specialist; Requisition ID: 57616BR
* United Technologies Corporation, Pratt & Whitney, East Hartford, CT;
International Trade Compliance Specialist; Requisition ID: 52544BR

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

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

* Virgin Galactic; Mojave, CA; Export Compliance Officer; Requisition ID: 2018-3440
* Virgin Galactic; Las Cruces, NM; Export Compliance Officer; Requisition ID: 2018-3558
* Virgin Galactic; Las Cruces, NM; Director of Trade Compliance; Requisition ID: 2018-3349
* Virgin Galactic; Washington, D.C.; Director of Trade Compliance; Requisition ID: 2018-3349 

* 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

* What: United States Export Control (ITAR/EAR/OFAC) Seminar Series in Las Vegas, NV
* When: ITAR Seminar: April 16-17, 2018; EAR/OFAC Seminar: April 18-19, 2018
* Where: Las Vegas: Westin Las Vegas
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker Panel: John Black, Scott Gearity, Greg Creeser, Marc Binder and Melissa Proctor
* Register:
Here
or Jessica Lemon, 540-433-3977,
jessica@learnexportcompliance.com
* * * * * * * * * * * * * * * * * * * *

ENEDITOR’S NOTES

 
* Thomas Edison (Thomas Alva Edison; 11 February 1847 – 18 Oct 1931; was an American inventor and businessman, who has been described as America’s greatest inventor. He developed many devices that greatly influenced life around the world, including the phonograph, the motion picture camera, and the long-lasting, practical electric light bulb. Edison held 1,093 US patents in his name, as well as many patents in the United Kingdom, France, and Germany.)
  – “Our greatest weakness lies in giving up. The most certain way to succeed is always to try just one more time.”
  – “Many of life’s failures are people who did not realize how close they were to success when they gave up.”
 
* Abraham Lincoln (12 Feb 1809 – 15 April 1865; was an American statesman and lawyer who served as the 16th President of the United States from March 1861 until his assassination in April 1865.)
  – “Nearly all men can stand adversity, but if you want to test a man’s character, give him power.”
 
* Charles Darwin (Charles Robert Darwin, 12 Feb 1809 – 19 Apr 1882; was an English naturalist, geologist and biologist, best known for his contributions to the science of evolution.  He theorized that all species of life have descended over time from common ancestors.)
  – “A man who dares to waste one hour of time has not discovered the value of life.”
 
Monday is Punday:
 
* I got a job working in a hayfield. After one day I bailed.
* I’d tell you a chemistry joke, but I don’t think I would get a reaction.
* Have you ever tried to eat a clock?  It’s time consuming.
* * * * * * * * * * * * * * * * * * * *

EN_a320
. Are Your Copies of Regulations Up to Date?
(Source: Editor)

The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register.  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: 26 Jan 2018: 83 FR 3577-3583: Addition of Certain Entities; Removal of Certain Entities; and Revisions of Entries on the Entity List

  
*
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: 8 Feb 2018: 83 FR 5674: Technical Corrections to the Harmonized Tariff Schedule of the United States [Concerns HTSUS Chapter 99, Subchapter III]

  – 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_a0321
Weekly Highlights of the Daily Bugle Top Stories

(Source: Editor) 

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

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

EPEDITORIAL POLICY

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., compiled by: Editor, James E. Bartlett III; Assistant Editors, Alexander P. Bosch and Vincent J.A. Goossen; and Events & Jobs Editor, John Bartlett. The Ex/Im Daily Update is emailed every business day to approximately 8,000 readers of changes to defense and high-tech trade laws and regulations. We check the following sources daily: Federal Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP, DOE/NRC, DOJ/ATF, DoD/DSS, DoD/DTSA, FAR/DFARS, 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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