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18-0216 Friday “Daily Bugle”

18-0216 Friday “Daily Bugle”

Friday, 16 February 2018

TOPThe 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 here for free subscription. Contact us for advertising inquiries and rates.

  1. Commerce/BIS Amends EAR, Adds 21 Entities to Entity List  
  2. DHS/CBP and DHS/ICE Announce Program for the Private Sector to Participate in Trade-Related Training of CBP and ICE Personnel 
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. DHS/CBP Sends Out Reminder of ACE Deployment G, Release 4
  4. State/DDTC Announces DTAS System Outage on 22 Feb
  5. U.S. Congress Introduces Bipartisan Export Control Reform Bill
  6. EU Amends Restrictive Measures Concerning Zimbabwe
  1. Defense News: “French Defense Minister: European Defense Industry Needs Export to Survive”
  2. ST&R Trade Report: “Duty Evasion Scheme Nets $908,100 Penalty”
  1. Squire Patton Boggs LLP: “EU Parliament Adopts Amendments on Dual-Use Items Regulation Proposal” 
  2. R.C. Burns: “UBS to World Chess Federation: White Knight Takes Black Pawn” 
  1. List of Approaching Events – 15 New Events Listed 
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: ATF (15 Jan 2016), Customs (8 Dec 2017), DOD/NISPOM (18 May 2016), EAR (16 Feb 2018), FACR/OFAC (28 Dec 2017), FTR (20 Sep 2017), HTSUS (8 Feb 2018), ITAR (14 Feb 2018) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1.
Commerce/BIS Amends EAR, Adds 21 Entities to Entity List
(Source:
Federal Register, 16 Feb 2018.) [Excerpts.]
83 FR 6949-6956: Russian Sanctions: Addition of Certain Entities to the Entity List

 
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Final rule.
* SUMMARY: The Bureau of Industry and Security (BIS) with this final rule amends the Export Administration Regulations (EAR) by adding twenty-one entities to the Entity List. The twenty-one entities that are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of Georgia, Poland and Russia.
* DATES: This rule is effective February 16, 2018. …
* SUPPLEMENTARY INFORMATION: … The Entity List (Supplement No. 4 to Part 744 of the EAR) identifies entities and other persons reasonably believed to be involved in, or that pose a significant risk of being or becoming involved in, activities that are contrary to the national security or foreign policy of the United States. The EAR imposes additional licensing requirements on, and limits the availability of most license exceptions for, exports, reexports, and transfers (in-country) to those persons or entities listed on the Entity List. The license review policy for each listed entity is identified in the License Review Policy column on the Entity List and the impact on the availability of license exceptions is described in the Federal Register notice adding entities or other persons to the Entity List. BIS places entities on the Entity List based on certain sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. …
 
Entity List Additions
 
Additions to the Entity List
 
This rule adds twenty-one entities to the Entity List. These twenty-one entities are being added on the basis of §744.11 (License requirements that apply to entities acting contrary to the national security or foreign policy interests of the United States) of the EAR. The twenty-one entities being added to the Entity List consist of one entity in Georgia, one entity in Poland and ninteteen entities in Russia.
 
Under §744.11(b) (Criteria for revising the Entity List) of the EAR, persons for whom there is reasonable cause to believe, based on specific and articulable facts, have been involved, are involved, or pose a significant risk of being or becoming involved, in activities that are contrary to the national security or foreign policy interests of the United States and those acting on behalf of such persons may be added to the Entity List. The entities being added to the Entity List have been determined to be involved in activities that are contrary to the national security or foreign policy interests of the United States. Specifically, in this rule, BIS adds entities to the Entity List for violating international law and fueling the conflict in eastern Ukraine. These additions ensure the efficacy of existing sanctions on Russia. The particular additions to the Entity List and related authorities are described below. …
 
This final rule adds the following twenty-one entities to the Entity List:
 
Georgia
  (1) ZAO Vneshtorgservis, 1 Geroyev Street, Tskhinval, South Ossetia, Georgia.
 
Poland
 (1) Doncoaltrade SP Z O O, Ul. Barbary 21, Katowice, woj. Slaskie, pow. M. Katowice 40-053, Poland.
 
Russia
  (1) Evro Polis Ltd., a.k.a., the following two aliases:
-Evro Polis, OOO; and
-Obshchestvo S Ogranichennoi Otvetstvennostyu Evro Polis.
 d. 1A pom. 9.1A, Shosse Ilinskoe, Krasnogorsk, Krasnogorski Raion, Moskovskaya Obl. 143409, Russia;
 (2) Instar Lodzhistiks, OOO, a.k.a., the following one alias:
-Instar Logistics.
 d. 20 str., 7 ofis 102V, ul. Elektrozavodskaya, Moscow 1072023, Russia;
  (3) Kaliningradnefteprodukt OOO, a.k.a., the following three aliases:
-Kaliningradnefteprodukt LLC;
-Limited Liability Company Kaliningradnefteproduct; and
-LLC Kaliningradnefteproduct.
  22-b Komsomolskaya Ulitsa, Central District, Kaliningrad, Russia;
 
  (4) Kinef OOO, a.k.a., the following three aliases:
-Kinef, LLC;
-Limited Liability Company Production Association Kirishinefteorgsintez; and
-LLC Kinef.
 d. 1 Shosse Entuziastov, Kirishi, Leningradskaya Oblast 187110, Russia;
  (5) Kirishiavtoservis OOO, a.k.a., the following two aliases:
-Limited Liability Company Kirishiavtoservis; and
-LLC Kirishiavtoservis.
 lit A, 12 Smolenskaya Ulitsa, St. Petersburg 196084;
  (6) Kompaniya Gaz-Alyans, OOO, a.k.a., the following three aliases:
-Company Gaz-Alliance LLC;
-Kompaniya Gaz-Alyans, OOO; and
-Obshchestvo S Ogranichennoi Otvetstvennostyu Kompaniya Gaz-Alyans.
 15 Ul., Svobody, Nizhni Novgorod, Nizhegorodskaya Obl. 603003, Russia;
 (7) Lengiproneftekhim OOO, a.k.a., the following three aliases:
-Institut Po Proektirovaniyu Predpriyaty Neftepererabatyvayuschey I Neftekhimicheskoy Promyshlennosti, Limited Liability Company;
-Limited Liability Company Oil Refining and Petrochemical Facilities Design Institute; and
-LLC Lengiproneftekhim.
 d. 94, Obvodnogo Kanala, nab, St. Petersburg 196084, Russia;
 
  (8) Limited Liability Company Foreign Economic Association Technopromexport, a.k.a., the following three aliases:
-Obschestvo S Ogranichennoi Otvestvennostyu Vneshneekonomicheskoe Obedinenie Tekhnopromeksport;
-OOO VO Technopromexport; and
-OOO VO TPE.
Novyi Arbat Str. 15, Building 2, Moscow 119019, Russia;
  (9) Media-Invest OOO, a.k.a., the following two aliases:
-Limited Liability Company Media-Invest; and
-LLC Media-Invest.
17 Bld 1 Zubovsky Blvd., Moscow 119847, Russia;
  (10) Novgorodnefteprodukt OOO, a.k.a., the following three aliases:
-Limited Liability Company Novgorodnefteproduct;
-LLC Novgorodnefteproduct; and
-Novgorodnefteprodukt LLC.
 d. 20 Germana Ulitsa, Veliky Novgorod, Novgorodskaya Oblast 173002, Russia;
  (11) PJSC Power Machines, a.k.a., the following three aliases:
-Open Joint Stock Company Power Machines-ZTL, LMZ, Electrosila, Energomachexport;
-Publichnoe Aktsionernoe Obshchestvo Silovye Mashiny-ZTL, LMZ, Elektrosila, Energomasheksport; and
-Silovye Mashiny, PAO.
 3A Vatutina St., St. Petersburg 195009, Russia
 
  (12) Pskovnefteprodukt OOO, a.k.a., the following two aliases:
-Limited Liability Company Marketing Association Pskovnefteproduct; and
-LLC Pskovnefteproduct.
 4 Oktyabrsky Prospekt, Pskov 180000, Russia;
  (13) SNGB AO, a.k.a., the following three aliases:
-Closed Joint Stock Company Surgutneftegasbank (ZAO SNGB);
-Joint Stock Company Surgutneftegasbank; and
-JSC BANK SNGB.
 19 Kukuyvitskogo Street, Surgut 628400, Russia;
  (14) SO Tvernefteprodukt OOO, a.k.a., the following two aliases:
-Limited Liability Company Marketing Association Tvernefteproduct; and
-LLC MA Tvernefteproduct.
 6 Novotorzhskaya Ulitsa, Tver, Russia;
  (15) Sovkhoz Chervishevski PAO, a.k.a., the following three aliases:
-OJSC Sovkhoz Chervishevsky;
-Open Joint Stock Company Sovkhoz Chervishevsky; and
-Sovkhoz Chervishevsky, JSC.
 d. 81 Sovetskaya Ulitsa, S. Chervichevsky, Tyumensky Rayon, Tyumensky Oblast 625519, Russia;
 
  (16) Strakhovove Obshchestvo Surgutneftegaz OOO, a.k.a., the following three aliases:
-Insurance Company Surgutneftegas, LLC;
-Limited Liability Company Insurance Company Surgutneftegas; and
-LLC Insurance Company Surgutneftegas.
 9/1 Lermontova Ulitsa, Surgut 628418, Russia;
  (17) Surgutmebel OOO, a.k.a., the following four aliases:
-Limited Liability Company Syrgutmebel;
-LLC Surgutmebel;
-LLC Syrgutmebel; and
-Surgutmebel, LLC.
 Vostochnaya Industrial 1 Territory 2, Poselok Barsovo, Surgutsky District, Yugra, Khanty-Mansiysky Autonomos Okrug, Russia;
  (18) Ugolnye Tekhnologii, OOO, a.k.a., the following two aliases:
-Coal Technologies; and
-Obshchestvo S Ogranichennoi Otvetstvennostyu “Ugolnye Tekhnologii”.
 d. 25 ofis 13, 14, per. Avtomobilny, Rostov-on-Don, Rostovskaya Oblast 344038, Russia;Start Printed Page 6952
  (19) VAD, AO, a.k.a, the following seven aliases:
-Aktsionernoe Obshchestvo VAD;
-AO, VAD;
-CJSC VAD;
-Joint Stock Company VAD;
-JSC VAD;
-ZAO VAD; and
-High-Quality Highways.
 133, ul. Chernyshevskogo, Vologda, Vologodskaya Obl 160019, Russia; and 122 Grazhdanskiy Prospect, Suite 5, Liter A, St. Petersburg 195267, Russia. … 
  Dated: February 12, 2018.
Richard E. Ashooh, Assistant Secretary for Export Administration.

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EXIM_a22. 
DHS/CBP and DHS/ICE Announces Program for the Private Sector to Participate in Trade-Related Training of CBP and ICE Personnel

(Source:
Federal Register, 16 Feb 2018.) [Excerpts.]
 
83 FR 7064: Program for the Private Sector To Participate in Trade-Related Training of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement Personnel
 
* AGENCY: U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security.
* ACTION: General notice.
*  SUMMARY: This document announces CBP’s and ICE’s process to solicit, evaluate, and select interested parties in the private sector to fulfill agency needs for instruction and related instructional materials for trade-related training, pursuant to section 104 of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA).
* DATES: Private sector parties interested in providing training to CBP or ICE personnel may submit a training proposal satisfying the criteria set forth below on or after February 16, 2018. …
* SUPPLEMENTARY INFORMATION: Topics upon which training may be conducted include tariff classification, customs valuation, country of origin (including procedures for identifying merchandise bearing mislabeled country of origin markings), proper assessment of AD/CVD, evasion of duties on imports of textiles, border enforcement of IPR, enforcement of child labor laws, and other topics as appropriate and useful as concerns the trade-related duties and missions of CBP and ICE. …
 
  Dated: February 13, 2018.
Kevin K. McAleenan, Acting Commissioner, U.S. Customs and Border Protection.

Thomas D. Homan, Deputy Director and Senior Official Performing the Duties of the Director, U.S. Immigration and Customs Enforcement. 

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

OGSOTHER GOVERNMENT SOURCES

OGS_a13
. Items Scheduled for Publication in Future Federal Register Editions
 

(Source:
Federal Register)
 

* Commerce/BIS; NOTICES; Meetings:
  – Materials Processing Equipment Technical Advisory Committee 
  – Materials Technical Advisory Committee
  – Transportation and Related Equipment Technical Advisory Committee [Publication Dates: 20 Feb 2018.]
 
* Commerce/BIS; NOTICES; Order Denying Export Privileges:
  – Irina Cvetkovic [Publication Date: 20 Feb 2018.]
 
* Treasury/OFAC; NOTICES; Blocking or Unblocking of Persons and Properties [Publication Date: 20 Feb 2018.] 

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

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OGS_aa25
.
DHS/CBP Sends Out Reminder of ACE Deployment G, Release 4

(Source:
CSMS# 18-000140, 15 Feb 2018.) 

This is a reminder to the Trade that on February 24, 2018, CBP will deliver ACE Deployment G, Release 4. This deployment will include the following capabilities:
 
Drawback including:
– Core drawback
– TFTEA drawback provisions
– Accelerated Payment
– Entry Type 47
 
Liquidation including:
– Weekly processing
– Temporary Importations Under Bond (TIB) Extensions
 
Reconciliation including:
– Blanket flagging
– Expanding Processing Ports
– Entry Type 09
 
Other Functionality:
– Cuban ABI entries
– eBond updates including:
– Drawback Bond Decrementation
– Continuous Bond Sufficiency
 
Details and additional resources may be found in the ACE Deployment G, Release 4 Information Notices posted to CBP.gov at the links listed at the bottom of this message.
 
ACE Deployment G, Release 4 Information Notices:
 
 
Deployment Support Call:
 
Following the deployment, CBP’s Trade Transformation Office (TTO) will host a daily support call from February 26, 2018 to March 2, 2018 between 2:00 PM ET and 3:00 PM ET to answer questions related to the February 24th deployment.
 
  – Line 1 (877) 336-1828 / PC: 6124214
 
In addition, CBP will host a separate daily support call focused on Drawback issues only. From 3:00 PM ET to 4:00 PM ET on February 26, 2018 to March 2, 2018, CBP will be addressing questions related to Drawback capabilities included in the February 24th deployment.
  – Line 1 (877) 336-1829 / PC 4840827

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OGS_a3
6.

State/DDTC Announces DTAS System Outage on 22 Feb

(Source:
State/DDTC, 16 Feb 2018.)
 

The DTAS information systems will be unavailable from 4:00AM-6:00AM Thursday, February 22nd, 2018 for scheduled routine maintenance. The DTAS systems will be available Thursday, February 22nd, 2018 after 6:00AM.


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OGS_a4
7.
U.S. Congress Introduces Bipartisan Export Control Reform Bill

 
U.S. House Foreign Affairs Committee Chairman Ed Royce (R-CA) today introduced bipartisan legislation to modernize U.S. export control regulations of dual-use items. Ranking Member Eliot Engel (D-NY) is an original co-sponsor. 
The Export Control Reform Act of 2018 (H.R. 5040) will help ensure the U.S. maintains its technological advantage in science, engineering, manufacturing and other industries critical to our national and economic security. This bill represents the first real push to establish 
permanent export controls since the Cold War-era Export Administration Act of 1979 (EAA) lapsed in 2001.
 
Chairman Royce said, “The Export Control Reform Act of 2018 will modernize our regulatory control system and make clear the U.S. will not tolerate this behavior. It will help our manufacturers and innovators maintain their competitive edge. And it will promote a transparent, multilateral process to keep sensitive technology out of the hands of countries that would use our technology against us.”   
Specifically, the Export Control Reform Act of 2018 (H.R. 5040):
  – Repeals the lapsed EAA and replaces it with a modern, permanent statutory authority to better regulate U.S. dual-use and Department of Commerce-licensed military exports.
  – Requires that export controls ensure continued U.S. leadership in science, technology, engineering, manufacturing and other sectors.
  – Provides new authority to identify and appropriately control critical emerging technologies.
  – Supports U.S. diplomatic efforts to promote greater international coordination and cooperation on export controls.
 
The following is a section-by-section summary of the H.R. 5040:
 
Title I – Authority and Administration of Export Controls.
 
 
This title requires the President to establish controls over the export of certain “dual-use” and military items in order to advance the foreign policy and national security of the United States. The administration of those controls would be delegated to the Secretary of Commerce, Secretary of Defense, Secretary of State, the Director of National Intelligences, and other appropriate Federal agencies. Subject to interagency review, the Department of Commerce would be delegated with authority to issue licenses and other authorization for exports. Consistent with existing law, this title provides authority to impose criminal and civil penalties for export control violations. It also provides robust authority to enforce such controls, including the ability to stop unapproved transfers. The title establishes strong Congressional oversight of these controls. The title also repeals the EAA and includes transition provisions to ensure that rules and regulations established under the EAA, or otherwise enforced through emergency decree, shall remain in effect unless changed or revoked under the new authority established by this title.
 
Section 101. Short Title. This section establishes the short title for the bill as the “Export Control Reform Act of 2018.” 
 
Section 102. Statement of Policy. This section describes the purposes of U.S. export controls authorized by this Act. 
 
Section 103. Authority of the President. This section requires that the President establish controls over the export, reexport, and transfer of “dual-use” and certain military items, as well as establish controls over discrete activities relating to the proliferation of weapons of mass destruction and their means of delivery.
 
Section 104. Additional Authorities. Section 104(a) requires the President to establish lists of controlled items, as well as lists of foreign persons and end-uses determined to be a threat to the United States.
   Section 104(a) also states that the President shall:
* prohibit or restrict certain exports;
* require licenses or other authorization for exports of controlled items and create, as appropriate, exceptions to licensing requirements; 
* establish measures for compliance, information gathering, and the prevention of unauthorized exports;
* keep the public fully informed of changes in policy and appoint technical advisory committees; and
* undertake any other action necessary to implement this authority not otherwise prohibited by law.
   Section 104(b) states that the authority under this title may not be used to regulate any postal, telegraphic, telephonic, or other personal communication that does not involve a transfer of anything of value. [Subject to exceptions in
section 203(b) of IEEPA (50 U.S.C. 1702(b).]
   Section 104(c) strengthens Congressional oversight over rescission of a country’s designation as a State Sponsor of Terrorism This section would increase the period of time the Congress would have to review any such proposed rescission (from 45 days to 90 days) and would increase the period of time a country must refrain from supporting terrorism before the President could remove such a designation (from 6 months to 2 years). It also requires the President to notify the Congress when the Administration initiates a review of a country’s designation and, 20 days later, brief the Congress on the status of that review. 
   Section 104(d) establishes a license requirement for certain activities relating to the proliferation of weapons of mass destruction. 
   Section 104(e) establishes specific notice requirement with respect to those licensed activities. 
   Section 104(f) establishes strict license review standards for activities representing a proliferation concern. 
 
Section 105. Administration of Export Controls. This section requires the President to delegate the administration of dual-use export controls to the Secretary of Commerce, the Secretary of Defense, the Secretary of State, the Director of National Intelligence, and the heads of other appropriate Federal Departments and agencies.
 
Section 106. Control Lists. Section 106 requires that the President establish a regular interagency review of each list of controlled items. In accordance with such review, the Secretary of Commerce is required to regularly update such lists to ensure that new items are appropriately controlled, with such controls adjusted as conditions change. Each list of controlled items shall be published in a form that facilitates compliance with it, particularly by small and medium-sized businesses, and academic institutions. 
 
Section 107. Licensing. This section requires the President to establish a procedure by which the Department of Commerce shall issue licenses or other authorization for the export, reexport, or transfer of items controlled under this title. It also states that no fee may be charged in connection with license applications for controlled items.
 
Section 108. Compliance Assistance. This section authorizes the President to establish procedures to encourage closer collaboration between the public and private sectors in identifying proliferation or other export-control risks to U.S. national security.
 
Section 109. Requirement to Identify and Control Critical Technologies in Export Control Regulations. This section requires the President to establish an interagency process to identify emerging technologies that are not identified in any U.S. or multilateral control list, but nonetheless could be essential to U.S. national defense, intelligence, or other areas of national security.
 
Section 110. Penalties. This section defines what acts are unlawful under this title. Consistent with current law, this section also establishes criminal and civil penalties for export control violations, well as authority and procedures for criminal forfeiture. It also authorizes the President to establish a basis for denying the eligibility of persons convicted of a criminal violation to export, as well as to revoke any license or other authorization from such person.
 
Section 111. Enforcement. This section provides broad authority to the President to enforce U.S. export controls established under this title. Such measures should include the publication of best practices guidelines to assist industry in compliance with U.S. export controls. This section also includes provisions for protection of confidentiality of information relating to license applications, with exceptions relating to transmission of such information to the Congress and General Accountability Office. 
 
Section 112. Administrative Procedure. This section provides that regulations relating to U.S. dual-use export controls shall be subject to several administrative procedures as defined in title 5 of the United States Code.
 
Section 113. Annual Report to Congress. This section requires the President to report annually to Congress on the implementation of these authorities. The report shall be unclassified but may contain a classified annex.
 
Section 114. Repeal. This section repeals the Export Administration Act of 1979.
 
Section 115. Effect on Other Acts. This section clarifies that except as otherwise provided in this title, nothing contained in this title shall be construed to impact any current U.S. export control laws. It also details Congressional expectations about the importance of close coordination of controls between Executive Branch agencies delegated with such responsibility.
 
Section 116. Transition Provisions. This section provides that all delegations of authority, rules, regulations, orders, determinations, licenses or other forms of administrative action that were made under the Export Administration Act, the International Emergency Economic Powers Act, or the Export Administration Regulations, and are in effect as of the date of enactment of this Act, shall continue in effect unless otherwise changed under the authority of this title. These transition provisions also apply to administrative and judicial proceedings, as well as determinations relating to state sponsors of terrorism. 
 
Title II – Anti-boycott Provisions.
 
 
This title incorporates the existing anti-boycott provisions from the expired Export Administration Act of 1979. These provisions discourage, and in some circumstances, prohibit U.S. companies from furthering or supporting the boycott of Israel sponsored by the Arab League, or certain other countries, including complying with certain requests for information designed to verify compliance with the boycott.
 
Section 201. Short Title. This title may be cited as the “Anti-boycott Act of 2018.” 
 
Section 202. Policy. This section states that it is the policy of the United States to oppose restrictive trade practices or boycotts imposed by foreign countries or international governmental organizations against other countries friendly to the United States or against any U.S. person. It also requires the President to issue regulations prohibiting any U.S. person, with respect to that person’s activities in the interstate or foreign commerce of the United States, from taking or knowingly agreeing to take certain actions with intent to comply with, further, or support any foreign boycott against a country that is friendly to the U.S. that is also contrary to U.S. law or policy. Certain exceptions to this general prohibition also apply. It further provides that these anti-boycott restrictions shall also be enforced through foreign policy controls authorized under title I. This section imposes certain reporting requirements on U.S. persons who receive requests to implement restrictive anti-boycott measures. And it provides that this provision preempts other state and local laws regarding compliance with foreign boycotts. 
 
Section 203. Enforcement. Consistent with existing law, this section provides for the imposition of civil penalties on a person who violates section 202 or any related regulation. Such penalties may only be imposed after notice and opportunity for a hearing in accordance with applicable sections of title 5, United States Code, and shall be subject to judicial review.
 
Title III – Sanctions on Ballistic Missiles and Chemical and Biological Weapons Proliferation. 
 
In general, this title carries over sanctions from the expired Export Administration Act against U.S. persons and foreign persons who engage in commercial transactions that violate missile proliferation, chemical and biological weapons controls. 
 
Section 301. Missile Proliferation Control Violations. This section imposes sanctions against U.S. persons and foreign persons who engage in commercial transactions that violate missile proliferation controls. The section requires sanctions against any U.S. citizen whom the President determines to be engaged in exporting, transferring, conspiring to export or transfer, or facilitating an export or transfer of, any equipment or technology identified by the Missile Technology Control Regime Annex. The section further requires sanctions against any foreign person whom the President determines to be engaged in conduct that contributes to the design, development, or production of missiles in a country that is not an MTCR adherent. The President may also prohibit importation into the U.S. of products produced by the foreign person. With notice to Congress, the President may also waive the imposition of the sanctions authorized in this section.
 
Section 302. Chemical and Biological Weapons Proliferation Sanctions. This section authorizes the President to apply procurement and import sanctions against foreign persons that he determines knowingly contribute to the use, development, production, stockpile, or acquisition of chemical or biological weapons by exporting goods or technology from the United States or any other country. If certain conditions are met, the President may delay the imposition of sanctions for up to 180 days or utilize certain foreign policy and national security exceptions. The President may terminate the sanctions after 12 months if he determines and certifies to Congress that the sanctioned person no longer engages in such activity. The President may waive the application of a sanction after a year of its imposition, if he determines it is in U.S. national security interests to do so. Not less than 20 days before a national security waiver is issued, the President must notify Congress with a full explanation of the rationale for waiving the sanction.

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OGS_a5
8.

EU Amends Restrictive Measures Concerning Zimbabwe

 
Regulations
*
Commission Implementing Regulation (EU) 2018/223 of 15 February 2018 amending Council Regulation (EC) No 314/2004 concerning restrictive measures in respect of Zimbabwe

 
Decisions
*
Council Decision (CFSP) 2018/224 of 15 February 2018 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe
*
Council Implementing Decision (CFSP) 2018/227 of 15 February 2018 implementing Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe

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NWSNEWS

NWS_aa1
9.

Defense News: “French Defense Minister: European Defense Industry Needs Exports to Survive”

(Source:
Defense News, 16 Feb 2018.)
 
As European nations look to increase defense cooperation, France’s defense minister is acknowledging the continental defense industry is not strong enough to stand on its own without strong exports.
 
  “We Europeans are extremely fragmented right now. So one day, if we were to produce just for ourselves without exporting anything, we would be faced with a stark reality – we wouldn’t have the capacities to do this,” Florence Parly, the French defense minister, said through a translator during an opening panel at the Munich Security Conference Friday.
 
Parly was responding to a question about weapon sales and what regulations go into them. Some European countries have
raised concerns about weapon sales in recent months to countries involved in the conflict in Yemen. But Parly defended the French export policy, saying it follow strict rules – and that it is vital for industry.
 
  “In other words, arms exports must be handled according to very strict rules, but they should not be presented as purely negative, Parly added. “It is a difficult, complicated subject, but it is necessary.”
 
However, Parly did seem to acknowledge that even with foreign sales, the European defense industry may need to make moves in the future, saying “the armaments industry, as well as other branches of industry, must consolidate themselves.”
 
Her comments came the same week that U.S. Secretary of Defense Jim Mattis visited NATO and had discussions with the European nations signed onto the EU’s
Permanent Structured Cooperation (PESCO) on security and defense, a new group designed to drive greater security cooperation.
 
American officials have expressed concern that NATO will be impacted negatively by PESCO, as well as raising concerns that it could become a
protectionist framework for the European defense industry.

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NWS_a2
10.

ST&R Trade Report: “Duty Evasion Scheme Nets $908,100 Penalty”

 
A luxury knitwear retailer and its chief executive officer will pay a total of $908,100 to resolve allegations that they violated the False Claims Act by structuring transactions to improperly avoid U.S. customs duties, the Department of Justice reports. 
 
Under U.S. law, a person can import up to a set value of goods free of duty and tax per day. That amount was $200 at the time of the alleged violations but was increased to $800 as of February 2016 by the Trade Facilitation and Trade Enforcement Act. According to a DOJ press release, the company and its CEO allegedly took advantage of this provision by breaking up single shipments worth more than the de minimis amount into multiple shipments of lesser value to avoid applicable duties.
 
This False Claims Act case was originally filed by a UK citizen under the Act’s whistleblower provisions, which allow private individuals who have knowledge of fraud committed against the U.S. government to file lawsuits on the government’s behalf. The government may recover up to three times the amount of damages incurred as well as civil penalties for each violation. The government may also intervene and file its own lawsuit for damages and penalties, as it did in this case.

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

COMMCOMMENTARY

COMM_a1
11
Squire Patton Boggs LLP: “EU Parliament Adopts Amendments on Dual-Use Items Regulation Proposal”

 
Presented by the European Commission on 28 September 2016, the
dual-use items Regulation Proposal aims at reviewing the export control regime of dual-use items. The proposal contains amendments to key export control notions, for example, the amending of the definition of “dual-use” to include cyber-surveillance technologies. It also clarifies controls on intangible technology transfer (ITT) and those applicable to technical assistance involving cross-border movement.
 
On 17 January 2018, the European Parliament Plenary adopted a number of amendments to the text. These reflect the ongoing discussion on the balance between promoting human rights standards and what would be appropriate for the industry. These amendments are now referred back to the
International Trade Committee. However, the Bulgarian Presidency does not see the dual-use items Regulation Proposal as a priority and, therefore, it is unlikely that negotiations between the Council and the Parliament will start before the Austrian Presidency in the second half of 2018 (
Text adopted by the European Parliament on 17 January 2018). 

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

COMM_a2
12. R.C. Burns: “UBS to World Chess Federation: White Knight Takes Black Pawn”

(Source:
Export Law Blog, 16 Feb 2018. Reprinted by permission.)
 
* Author: R. Clifton Burns, Esq., Bryan Cave LLP, Wash DC,
Clif.Burns@bryancave.com, 202-508-6067).
 
Things have not been going particularly well for Kirsan Ilyumzhinov, president of the World Chess Federation.  First, he was 
abducted by aliens.  Then he was 
designated by OFAC under Executive Order 13582 for “materially assisting and acting for or on behalf of the Government of Syria.”  Now, UBS in Switzerland has 
closed the accounts of the World Chess Federation, having tired of Ilyumzhinov’s repeated claims that he was about to be removed from the SDN List.
 
Of course, UBS in Switzerland is not subject to OFAC’s blocking rules and was not required to block or freeze the account. Rather, UBS closed these accounts based on a white money strategy of not dealing with customers subject to U.S. sanctions. It is not clear whether this is a result of any representations or agreement made by UBS to OFAC. In 2015 UBS 
settled
 with OFAC over charges that UBS had opened U.S. dollar accounts for another individual on the SDN list
 
.
 
Of course, as we know from the 
Exxon case, Ilyumzhinov’s position as President of the World Chess Federation poses difficulties for any U.S. person dealing with the Federation.  Each U.S. person dealing with the Federation will need to make sure that Ilyumzhinov is not involved. Allegedly, Ilyumzhinov has claimed that he has removed himself from the “legal, financial and business operations” of the Federation until he is removed from the SDN List. Of course, he also claimed, almost two years ago, that he was going to sue OFAC, something that has yet to happen. Oh, and he also has claimed that he was whisked away in a UFO by aliens to visit a distant star. So, in my view, U.S. persons deal with the World Chess Federation at their own peril and risk.

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

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a3
13.
List of Approaching Events – 15 New Events Listed
(Sources: Editor and Event Sponsors)

Published every Friday or last publication day of the week. Please, send event announcements to 
jwbartlett@fullcirclecompliance.eu, composed in the below format:

# DATE: LOCATION; “EVENT TITLE”; SPONSOR; WEBLINK; CONTACT (email and phone number)

#” New listing this week  

 
Continuously Available Training:
 
* E-Seminars: “US Export Controls” / “Defense Trade Controls“; Export Compliance Training Institute; danielle@learnexportcompliance.com 
* E-Seminars: “ITAR/EAR Awareness“; Export Compliance Solutions;
spalmer@exportcompliancesolutions.com
* On-Demand Webinar; “Is Your Organization Ready for the Challenges of Global Trade?“; Amber Road 
*Online: “Simplified Network Application Process Redesign (SNAP-R)“; Commerce/BIS; 202-482-2227
* E-Seminars: “Webinars On-Demand Library“; Sandler, Travis & Rosenberg, P.A.
* Online: “International Trade Webinars“; Global Training Center
*
 
Online: “On-Demand Webinars“; “General Training“; Center for Development of Security Excellence; Defense Security Service (DSS)
* Online: “ACE Reports Training and User Guide“; DHS/CBP

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

* Web Form: “Compliance Snapshot Assessment“; Commonwealth Trading Partners (CTP) 
 
Training by Date:

* Feb 19: Tysons Corner, VA; “Export Compliance and Controls 101“; Global Trade Academy
* Feb 20: Webinar; “Making Your Board of Directors a Partner in Compliance“; Volkov Law Group
* Feb 20-22: Tysons Corner, VA; “Export Controls Specialist – Certification“; Global Trade Academy

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

* Feb 21: Webinar; ”
Proposed Changes to NAFTA & the Positive Impact on FTZ Users“; National Association of Foreign Trade Zones (NAFTZ)

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

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

* Feb 21: Newcastle UK; “Intermediate Seminar“; UK Department for International Trade; denise.carter@trade.gsi.gov.uk 

# Feb 21-22: Miami, FL; ”
Complying with U.S. Export Controls“; Bureau of Industry and Security (BIS)

* Feb 22: Newcastle UK; “Beginners Workshop“; UK Department for International Trade; denise.carter@trade.gsi.gov.uk 
* Feb 22: Newcastle UK; “Licences Workshop“; UK Department for International Trade; denise.carter@trade.gsi.gov.uk 
* Feb 22: Newcastle UK; “Control List Classification – Combined Dual Use and Military“; UK Department for International Trade; denise.carter@trade.gsi.gov.uk 

Feb 26: Miami, FL; “
Certified Classification Specialist (CCLS)
“; Global Trade Academy


*
 
Feb 27: London, UK; “International Documentation & Customs Compliance
“; IOEx

* Feb 27: Webinar; “The ABCs of Embargoes and Sanctions – Part I“; ECTI; 

* Feb 27-28: Amsterdam, Netherlands; “10th Pharma & Biotech Patent Litigation Conference“; C5 Group

* Feb 27-28: London, UK; ”
ITAR and the EAR US Trade Controls Compliance in Europe“; C5 Group
* Feb 28: Webinar; ”
Impact of Trade Investigations on FTZs“; National Association of Foreign Trade Zones (NAFTZ)
* Feb 28: Webinar: ”
The Fundamentals of Product Classification“; ECTI, 540-433-3977

* Feb 28-Mar 1: Dubai, UAE; “GESS Dubai 2018“; Global Educational Supplies and Solutions
# Feb 28 – Mar 2: Arlington, VA; “29th Annual SO/LIC Symposium & Exhibition“; NDIA
* Mar 1: Manchester, UK; “An Introduction to Exporting – Physical Goods“; IOEx
* Mar 1: Dubai, UAE; “Anti-Bribery Workshop“; TRACE Anti-Bribery Compliance Solutions
* Mar 5-7: Sugar Land, TX; “2018 Winter Basics Conference“; Society for International Affairs (SIA)

* Mar 6: Tysons Corner, VA; ”
KPMG LLP’s International Trade, Export Compliance, and Customs Update“; 
contact
Amie Ahanchian at aahanchian@kpmg.com or 202-533-3247

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

* Mar 7: London, UK; “Operations and Maintenance for Offshore Wind“; ACI 
* Mar 7-8: Portland, OR; “Complying with US Export Controls“; Bureau of Industry and Security
* Mar 8: Manchester, UK; “International Documentation & Customs Compliance“; IOEx
* Mar 8-9: Washington, D.C.; “14th Annual TRACE Forum“; TRACE Anti-Bribery Compliance Solutions
* Mar 9: Orlando, FL; “Customs/Import Boot Camp“; Partnering for Compliance
* Mar 9: Webinar; “ECCN Classification Numbers“; U.S. Commercial Service
* Mar 11-14: San Diego, CA; “
ICPA Annual Conference“; International Compliance Professionals Association; wizard@icpainc.org

# Mar 12-14: Las Vegas, NV; ”
2018 General Audit Management Conference;” Institute of Internal Auditors
* Mar 13: Hook, UK; ”
General Counsel Connect“; C5 Group
* Mar 13: Webinar; ”
Canada’s Non-Resident Importer Program“; U.S. Commercial Service

* Mar 13: London, UK; “International Documentation & Customs Compliance“; IOEx

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

* Mar 14; London, UK; “Letters of Credit“; IOEx
* Mar 14: Birmingham, UK; “Intermediate Seminar“; UK Department for International Trade; denise.carter@trade.gsi.gov.uk 

# Mar 14: Las Vegas, NV; ”
Women in Internal Audit Leadership“; Institute of Internal Auditors

* Mar 14-15: Austin, TX; “Establishing an ITAR/EAR Export Compliance Program“; Export Compliance Solutions; spalmer@exportcompliancesolutions.com; 866-238-4018
* Mar 15: Birmingham UK; “Beginners Workshop“; UK Department for International Trade; denise.carter@trade.gsi.gov.uk 
* Mar 15: Birmingham UK; “Licences Workshop“; UK Department for International Trade; denise.carter@trade.gsi.gov.uk 
* Mar 15: Birmingham UK; “Control List Classification – Combined Dual Use and Military“; UK Department for International Trade; denise.carter@trade.gsi.gov.uk 
* Mar 15-16: Geneva, Switzerland;Fraud, Asset Tracking, & Recovery;” C5 Group
* Mar 15-16: McLean, VA; “ITAR Fundamentals“; FD Associates 

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

# Mar 20: London, UK; “Board Engagement for Ethics and Compliance Buy-In“; NAVEX Global
* Mar 20: Webinar; ”
Sending Temporary Workers to Canada“; U.S. Commercial Service
* Mar 20: Webinar; ”
Tax Avoidance in the U.S. – Lessons for Canada“; The Conference Board of Canada

* Mar 20: Zurich, Switzerland; “Anti-Corruption in Switzerland“; TRACE Anti-Bribery Compliance Solutions
* Mar 20: London, UK; “An Introduction to Importing“; IOEx
* Mar 20: London, UK; “UK & US Export Controls: A Basic Understanding“; IOEx
# Mar 20-21: San Diego, CA; “ITAR/EAR Beyond the Basics Establishing A Rock Solid Export Compliance Program“; Export Compliance Solutions, spalmer@exportcompliancesolutions.com; 866-238-4018

# Mar 20-21: Nashville, TN;
 “Complying with US Export Controls“; Bureau of Industry and Security
# Mar 22: Nashville, TN; “How to Build an Export Compliance Program“; Bureau of Industry and Security

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

* Mar 23; Nashville, TN; “How to Build an Export Compliance Program“; Bureau of Industry and Security
# Mar 25-28: Frankfurt, Germany; “6th Annual European Compliance & Ethics Institute“; Society of Corporate Compliance and Ethics
* Mar 26: East Rutherford, NJ; “Advanced Classification of Plastics and Rubber“; Global Trade Academy

* Mar 27: London, UK; “Brexit – Customs, Sanctions and Export Controls“; TechUK
* Mar 27: Webinar; “The ABCs of Embargoes and Sanctions – Part II“; ECTI;

* Mar 27-28: San Francisco, CA; “
8th Advanced Industry Forum on Global Encryption, Cloud, and Cyber Export Controls
“; American Conference Institute

* Mar 27-28: Brussels, Belgium; ”
Global Customs Compliance Forum“; C5 Group

* Mar 27-28: Santa Clara, CA; “Export Control Forum“; Bureau of Industry and Security
# Apr 
4-5: Des Moines, IA; “
Complying with US Export Controls
“; Bureau of Industry and Security 
# Apr 9: Toronto, Canada; “Certified Classification Specialist (CCLS)“; Amber Road
* Apr 10: Webinar; “Letters of Credit“; U.S. Commercial Service
* Apr 11: “Wednesday Webinar: Anatomy of a Compliance Program;” Reeves & Dola LLP
* Apr 11-12: Denver, CO; “Complying with US Export Controls“; Bureau of Industry and Security
* Apr 16-17: Los Angeles, CA; “APBO Conference, 2018“; Asia Pacific Business Outlook
* Apr 16-19: Las Vegas NV; “ITAR Defense Trade Controls / EAR Export Controls Seminar“; ECTI;
 
jessica@learnexportcompliance.com; 540-433-3977

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

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

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

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

* Apr 18-19: Miramar (Miami), FL; “
10th Maritime Logistics Training Course

; ABS Consulting; contact Albert Saphir, 954-218-5285

* Apr 19: McLean, VA; “ITAR for the Empowered Official“; FD Associates
* Apr 23: Copenhagen, Denmark; “Anti-Bribery Roundtable“; TRACE Anti-Bribery Compliance Solutions
* Apr 24: Los Angeles, CA; “Duty Drawback Specialist – Certification“; Global Trade Academy
* Apr 24-25: Dubai, UAE; “Trade Compliance in the Middle East“; NeilsonSmith
* Apr 25-26: Berlin, Gernamy; “Global Anti-Bribery In-House Network (GAIN)“; TRACE Anti-Bribery Compliance Solutions
* Apr 25-26: Costa Mesa, CA; “Complying with US Export Controls“; Bureau of Industry and Security
* Apr 30-May 2: Kansas City, MO; “Discover Global Markets“; U.S. Department of Commerce
* May 2-3; Scottsdale, AZ; “Complying with US Export Controls“; Bureau of Industry and Security 

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

* May 6-8: Toronto, Canada; “2018 ICPA Canadian Conference“; ICPA

* May 6-11: Miami, FL; ”
U.S. Commercial Service Trade Mission to the Carribean Region“; (Additional dates are available for B2B meetings in listed countries.)

* May 7-8: Denver, CO; “2018 Spring Advanced Conference“; Society for International Affairs (SIA)

* May 8: Webinar; “U.S. Harmonized Tariff Classification Numbers“; U.S. Commercial Service
* May 8: Mexico City, Mexico; “Anti-Bribery Workshop“; TRACE Anti-Bribery Compliance Solutions
* May 9: ”
Wednesday Webinar: Demonstrations and Plant Visits“; Reeves & Dola LLP

* May 9: London, UK; “Advanced Financing of International Trade“; IOEx
* May 15-16; Cleveland, OH; “Complying with US Export Controls“; Bureau of Industry and Security

* May 16-17: Amsterdam, Netherlands; “Digital Utilities Europe 2018“; American Conference Institute

* May 16-17: National Harbor, MD; “ITAR/EAR Compliance: An Industry Perspective“; Export Compliance Solutions
spalmer@exportcompliancesolutions.com
;
866-238-4018


* May 20-22: Portland, OR; “Spring 2018 Seminar;” National Association of Foreign Trade Zones (NAFTZ)
* May 22-23: London, UK; “
Upstream Oil and Gas Legal Forum“; C5 Group

* May 22-24: Las Vegas, NV; ”
Licensing Expo 2018: The Meeting Place for the Global Licensing Industry“; U.S. Commercial Service

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

* Jun 6-7: Seattle, WA; “Complying with US Export Controls“; Bureau of Industry and Security
* Jun 6-7: Munich, Germany; “US Trade Controls Compliance in Europe“; NielsonSmith
* Jun 6-7: Munich, Germany; “Pharma Patent Term Extensions“; C5 Group

# Jun 6-8: Baltimore, MD; ”
97th Annual AAEI Conference and Expo“; American Association of Importers and Exporters

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

* Jun 12: Webinar; “Duty Drawback and Refunds“; U.S. Commercial Service

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

* Jun 13: San Diego, CA; “Made in America, Buy America, or Buy American: Qualify your Goods and Increase Sales“; Global Trade Academy
* Jun 13-14: McLean, VA; “ITAR Fundamentals“; FD Associates
* Jun 17-19: Amsterdam, Netherlands; “2018 ICPA European Conference“; International Compliance Professionals Association
* Jun 18: Los Angeles, CA; “Certified Classification Specialist (CCLS)“; Global Trade Academy

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

* Jul 10: Chicago, IL; “Duty Drawback Specialist – Certification“; Global Trade Academy
* Jul 10-11: Columbia, SC; “Complying with US Export Controls“; Bureau of Industry and Security
* Jul 16-18: National Harbor, Maryland; “2018 Summer Basics Conference“; Society for International Affairs
* Jul 17: Los Angeles, CA; “Advanced Classification of Plastics and Rubber“; Global Trade Academy
* Jul 19: McLean, VA; “ITAR for the Empowered Official“; FD Associates
* Aug 1-3: Washington, D.C.; “NSSF and Fair Trade Import/Export Conference“; NSSF
* Aug 6: Detroit, MI; “Export Compliance and Controls“; Global Trade Academy
* Aug 7-9: Detroit, MI; “Export Controls Specialist – Certification“; Global Trade Academy
* Aug 14-15: Milpitas, CA; “Complying with US Export Controls“; Bureau of Industry and Security
* Aug 16: Milpitas, CA; “Encryption Controls“; Bureau of Industry and Security
* Sep 12-13: Springfield, RI; “Complying with US Export Controls“; Bureau of Industry and Security
* Sep 13: McLean, VA; “EAR Basics“; FD Associates
* Sep 13-17: Galveston, TX (Cruise); “ICPA @ SEA!“; International Compliance Professionals Association (ICPA)
* Sep 16-19: Atlanta, GA; “2018 Annual Conference and Exposition“; National Association of Foreign Trade Zones (NAFTZ)
* Sep 17: Los Angeles, CA; “Import Compliance“; Global Trade Academy
* Sep 17-20: Columbus, OH; “University Export Controls Seminar at The Ohio State University in Columbus“; Export Compliance Training Institute (ECTI); jessica@learnexportcompliance.com; 540-433-3977
* Sep 17-21: Los Angeles, CA; “Import 5-Day Boot Camp“; Global Trade Academy  
* Sep 18: Los Angeles, CA; “Tariff Classification for Importers and Exporters“; Global Trade Academy 
* Sep 19: Los Angeles, CA; “NAFTA and Trade Agreements“; Global Trade Academy
* Sep 20: Los Angeles, CA; “Country and Rules of Origin“; Global Trade Academy
* Sep 21: Los Angeles, CA; “Customs Valuation – The Essentials
“; Global Trade Academy

* Oct 9-11:  Dallas, TX; ”
Partnering for Compliance West Export/Import Control Training and Education Program“; Partnering for Compliance

* Oct 12: Dallas TX; ”
Customs/Import Boot Camp“; Partnering for Compliance

* Oct 18-19: McLean, VA; “ITAR Fundamentals“; FD Associates
* Oct 21-23: Grapevine, TX; “2018 Fall Conference“; ICPA
* Oct 22-23: Arlington, VA; “2018 Fall Advanced Conference
“; Society for International Affairs (SIA)
* Oct 29 – Nov 1: Phoenix, AZITAR Defense Trade Controls / EAR Export Controls Seminar“; ECTIjessica@learnexportcompliance.com; 540-433-3977
* Oct 30 – Nov 1: Seattle, WA; “Export Controls Specialist – Certification“; Global Trade Academy
* Nov 6: Detroit, MI; “Classification: How to Classify Parts“; Global Trade Academy
* Nov 7-9: London, UK; “TRACE European Forum, 2018“; TRACE Anti-Bribery Compliance Solutions
* Nov 7-9: Detroit, MI; “Advanced Classification for Machinery & Electronics
“; Global Trade Academy
* Nov 12-15: Washington, D.C.; “ITAR Defense Trade Controls / EAR Export Controls Seminar“; ECTIjessica@learnexportcompliance.com; 540-433-3977
* Nov 13: Tysons Corner, VA; “Made in America, Buy America, or Buy American: Qualify your Goods and Increase Sales“; Global Trade Academy
* Nov 15: McLean, VA; “ITAR For the Empowered Official“; FD Associates
* Nov 27: Houston, TX; “Duty Drawback Specialist – Certification“; Global Trade Academy

* Dec 4-5: Frankfurt, Germany; ”
US Defence Contracting and DFARS Compliance in Europe;” C5 Group

* Dec 3-7: Tysons Corner, VA; “Certified Classification Specialist“; Global Trade Academy
* Dec 6: London, UK; “International Documentation and Customs Compliance
“; Institute of Export and International Trade
* Dec 11: Manchester, UK;International Documentation and Customs Compliance“; Institute of Export and International Trade

2019
# May 5-7: Savannah, GA; ”
2019 Spring Seminar
; National Association of Foreign Trade Zones (NAFTZ)
# Sep 8-11: Chicago, IL; “2019 Annual Conference and Exposition“; National Association of Foreign Trade Zones (NAFTZ)

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

ENEDITOR’S NOTES

EN_a114
. Bartlett’s Unfamiliar Quotations

(Source: Editor)
* G.M. Trevelyan (George Macaulay Trevelyan, 16 Feb 1876 – 21 Jul 1962; was a British historian and academic.)
  – “One half who graduate from college never read another book.”
 
* Thomas J. Watson (Thomas John Watson Sr. 17 Feb 1874 – 19 Jun 1956; was an American businessman. He served as the chairman and CEO of International Business Machines (IBM). He oversaw the company’s growth into an international force from 1914 to 1956. He was one of the richest men of his time and was called the world’s greatest salesman when he died in 1956.)
  – “If you want to increase your success rate, double your failure rate.”
  – “Really big people are, above everything else, courteous, considerate and generous – not just to some people in some circumstances – but to everyone all the time.”
 
Friday Funnies:
* The only time incorrectly isn’t spelled incorrectly is when it’s spelled incorrectly.
* Escalators don’t break down… they just turn into stairs.
* “I’m sorry” and “I apologize” mean the same thing… unless you’re at a funeral.”

* Tony asked his friend Jim whether he had given his wife any Valentine’s Day gifts.  Jim said, “Yes, I bought her a new belt and a new bag.”  “That was nice of you,” Tony said, “I hope she appreciated your thoughtfulness.” Jim smiled as he replied, “So do I, and I hope the vacuum cleaner will work better now.”

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

EN_a215. 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: 16 Feb 2018:
83 FR 6949-6956: Russian Sanctions: Addition of Certain Entities to the Entity List [Addition of 21 Entities to 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, and Census/AES guidance.  Subscribers receive revised copies every time the FTR is amended. The BAFTR is available by annual subscription from the Full Circle Compliance 
website.  BITAR subscribers are entitled to a 25% discount on subscriptions to the BAFTR.
 
* HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA), 1 Jan 2018: 19 USC 1202 Annex. (“HTS” and “HTSA” are often seen as abbreviations for the Harmonized Tariff Schedule of the United States Annotated, shortened versions of “HTSUSA”.)

  – Last Amendment: 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: 14 Feb 2018:
83 FR 6457-6458: Amendment to the International Traffic in Arms Regulations: Addition of South Sudan [Amends ITAR Part 126.]

  – The only available fully updated copy (latest edition: 14 Feb 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_a316
. Weekly Highlights of the Daily Bugle Top Stories

(Source: Editor)
 

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

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* 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.

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