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18-0305 Monday “Daily Bugle”

18-0305 Monday “Daily Bugle”

Monday, 5 March 2018

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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. State Issues Determination Concerning Use of Chemical Weapons by North Korea
  2. Treasury/OFAC Amends North Korea Sanctions Regulations to Implement 3 Recent Executive Orders, Reference to NKSPEA and CAATSA
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/Census: “Useful Acronyms”
  3. Commerce/BIS: (No new postings.)
  4. State/DDTC: (No new postings.)
  5. Treasury/OFAC Amends North Korea Sanctions Regulations, Releases New and Updated FAQs
  6. UK Amends Export Control Order 2008 and 4 OGELs
  7. Singapore Customs Announces Additional TradeNet Downtimes
  1. ST&R Trade Report: “Data to Remain Key Part of CBP Enforcement Efforts, Officials Say”
  2. UPI: “North Korea Earned Hundreds of Millions Through Sanction-Busting Schemes”
  1. M. Srere, M.B. Buchanan & R.J. Burby: “DOJ to Apply FCPA Corporate Enforcement Policy as ‘Nonbinding Guidance’ to Other Crimes”
  2. Gary Stanley’s ECR Tip of the Day
  3. R.C. Burns: “Refueling Zarif: A Sad Saga of Secondary Sanctions Averted by German Military”
  1. Monday List of Ex/Im Job Openings: 176 Jobs Posted, Including 20 New Jobs
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: ATF (15 Jan 2016), Customs (22 Feb 2018), DOD/NISPOM (18 May 2016), EAR (16 Feb 2018), FACR/OFAC (5 Mar 2018), FTR (20 Sep 2017), HTSUS (27 Feb 2018), ITAR (14 Feb 2018) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1. 
State Issues Determination Concerning Use of Chemical Weapons by North Korea

(Source:
Federal Register, 5 Mar 2018.) [Excerpts.]
 
83 FR 9362-9363: Bureau of International Security and Nonproliferation; Determinations Regarding Use of Chemical Weapons by North Korea Under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991
 
* AGENCY: Department of State.
* ACTION: Notice.
* SUMMARY: The United States Government has determined that the Government of North Korea has used chemical weapons in violation of international law or lethal chemical weapons against its own nationals. The following is notice of sanctions to be imposed as required by law.
* DATES: Upon publication in the Federal Register [5 Mar 2018]. …
* SUPPLEMENTARY INFORMATION: Pursuant to Sections 306(a), 307(a), and 307(d) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, as amended (22 U.S.C. 5604(a) and Sec 5605(a)), on February 22, 2018 the Secretary of State determined that the Government of North Korea has used chemical weapons in violation of international law or lethal chemical weapons against its own nationals. As a result, the following sanctions are hereby imposed:
  (1) Foreign Assistance: Termination of assistance to North Korea under the Foreign Assistance Act of 1961, except for urgent humanitarian assistance and food or other agricultural commodities or products.
  (2) Arms Sales: Termination of (a) sales to North Korea under the Arms Export Control Act of any defense articles, defense services, or design and construction services, and (b) licenses for the export to North Korea of any item on the United States Munitions List.
  (3) Arms Sales Financing: Termination of all foreign military financing for North Korea under the Arms Export Control Act.
  (4) Denial of United States Government Credit or Other Financial Assistance: Denial to North Korea of any credit, credit guarantees, or other financial assistance by any department, agency, or instrumentality of the United States Government, including the Export-Import Bank of the United States.
  (5) Exports of National Security-Sensitive Goods and Technology: Prohibition on the export to North Korea of any goods or technology on that part of the control list established under section 2404(c)(1) of the Appendix to Title 50.
  These measures shall be implemented by the responsible departments and agencies of the United States Government and will remain in place for at least one year and until further notice.
 

Christopher A. Ford, Assistant Secretary of State for International Security and Nonproliferation.

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EXIM_a2

2. 
Treasury/OFAC Amends North Korea Sanctions Regulations to Implement 3 Recent Executive Orders, Reference to NKSPEA and CAATSA

(Source:
Federal Register, 5 Mar 2018.) [Excerpts.]
 
83 FR 9182-9204: North Korea Sanctions Regulations
 
* AGENCY: Office of Foreign Assets Control, Treasury.
* ACTION: Final rule.
* SUMMARY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is amending the North Korea Sanctions Regulations and reissuing them in their entirety, in order to implement three recent Executive orders and to reference the North Korea Sanctions and Policy Enhancement Act of 2016 (NKSPEA) and the Countering America’s Adversaries Through Sanctions Act (CAATSA). OFAC is also incorporating several general licenses that have, until now, appeared only on OFAC’s website on the North Korea Sanctions page, adding several new general licenses, and adding and expanding provisions to issue a more comprehensive set of regulations that will provide further guidance to the public. Finally, OFAC is updating certain regulatory provisions and making other technical and conforming changes. Due to the number of regulatory sections being updated or added, OFAC is reissuing the North Korea Sanctions Regulations in their entirety.
* DATES: Effective: March 5, 2018. …
* SUPPLEMENTARY INFORMATION: … On November 4, 2010, OFAC issued the North Korea Sanctions Regulations, 31 CFR part 510 (75 FR 67912, November 4, 2010) (the “Regulations”), to implement Executive Order 13466 of June 26, 2008 (73 FR 36787, June 27, 2008) (E.O. 13466) and Executive Order 13551 of August 30, 2010 (75 FR 53837, September 1, 2010) (E.O. 13551) pursuant to authorities delegated to the Secretary of the Treasury in those orders. The Regulations were initially issued in abbreviated form for the purpose of providing immediate guidance to the public. On June 20, 2011, OFAC amended the Regulations to implement Executive Order 13570 of April 18, 2011 (76 FR 22291, April 20, 2011) (E.O. 13570) pursuant to authorities delegated to the Secretary of the Treasury in that order (76 FR 35740, June 20, 2011).
  Today, OFAC is amending the Regulations and reissuing them in their entirety. As set forth in more detail below, OFAC is implementing three recent Executive orders: Executive Order 13687 of January 2, 2015 (“Imposing Additional Sanctions with Respect to North Korea”) (80 FR 819, January 6, 2015) (E.O. 13687), Executive Order 13722 of March 15, 2016 (“Blocking Property of the Government of North Korea and the Workers’ Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea”) (81 FR 14943, March 18, 2016) (E.O. 13722), and Executive Order 13810 of September 20, 2017 (“Imposing Additional Sanctions With Respect to North Korea”) (82 FR 44705, September 25, 2017) (E.O. 13810). In addition, OFAC is amending the Regulations to reference the North Korea Sanctions and Policy Enhancement Act of 2016, Public Law 114-122, 130 Stat. 93 (22 U.S.C. 9201 note) (NKSPEA), and Title III of the Countering America’s Adversaries Through Sanctions Act, Public Law 115-44, Aug. 2, 2017, 131 Stat. 886 (22 U.S.C. 9401 et seq.) (CAATSA). Additionally, OFAC is incorporating into the Regulations several new general licenses that have, until now, appeared only on OFAC’s website on the North Korea Sanctions page, adding several new general licenses, and adding and expanding provisions to issue a more comprehensive set of regulations that will provide further guidance to the public. Finally, OFAC is updating certain regulatory provisions and making other technical and conforming changes. Due to the number of regulatory sections being updated or added, OFAC is reissuing the North Korea Sanctions Regulations in their entirety. …
  With this rule, OFAC is incorporating into the Regulations, and in some cases amending, 10 general licenses that were previously posted only on OFAC’s website. These general licenses have been removed from OFAC’s website, because they have been replaced and superseded in their entirety by the Regulations. Nine of these general licenses were originally issued and posted on OFAC’s website on March 16, 2016–General Licenses 1 through 9–and then reissued and posted on OFAC’s website on March 24, 2016, to incorporate a technical change regarding the date the President signed E.O. 13722. General License 1 was replaced and superseded in its entirety by General License 1-A, which was posted on OFAC’s website on December 20, 2016. General License 1-A is now located in the Regulations at Sec.  510.510. General License 2, which authorizes the provision of certain legal services, is now located at Sec.  510.507. General License 3, which authorized certain blocked account-related transactions, was replaced and superseded in its entirety by General License 3-A, which was posted on OFAC’s website on September 21, 2017. General License 3-A is now located at Sec.  510.505. General License 4, regarding personal remittances, is now located at Sec.  510.511, and includes a cap on such remittances of $5,000 per year. General License 5, which authorizes certain activities of nongovernmental organizations, is now located at Sec.  510.512. With respect to General License 5, OFAC has removed an authorization relating to educational activities; OFAC also added an authorization relating to the exportation of food and medicines to harmonize with Department of Commerce authorities. General License 6, pertaining to third-country diplomatic and consular funds transfers, is now located at Sec.  510.515. General License 7, relating to telecommunications and mail service, is now located at Sec.  510.516; and General License 8, regarding patents and intellectual property, is now located at Sec.  510.517. General License 9, authorizing emergency medical services, is now located in Sec.  510.509. On September 21, 2017, OFAC issued and posted on its website General License 10, authorizing the calling of certain vessels and landing of certain aircraft.General License 10 is now located at Sec.  510.518.
  OFAC is also incorporating several new general licenses into the Regulations. Sections 510.506, 510.508, 510.513, and 510.514 authorize certain transactions relating to investment and reinvestment of certain funds, payments for legal services from funds originating outside the United States, the official business of the Federal government, and official activities of international organizations. Section 510.519 authorizes certain transactions for a 10-day period related to closing a correspondent account or payable-through account for a foreign financial institution whose name is added to the CAPTA List pursuant to the prohibition in Sec.  510.211. This general license includes a reporting requirement pursuant to which a U.S. financial institution that maintained a correspondent account or a payable-through account for a foreign financial institution whose name is added to the CAPTA List must file a report with OFAC that provides full details on the closing of each such account within 30 days of the closure of the account. The report must include complete information on all transactions processed or executed in winding down and closing the account. …
 
  Dated: February 22, 2018.
Andrea Gacki, Acting Director, Office of Foreign Assets Control.
  Approved: February 22, 2018.
Sigal P. Mandelker, Under Secretary, Office of Terrorism and Financial Intelligence, Department of the Treasury.

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OGSOTHER GOVERNMENT SOURCES

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

[No items of interest noted today.]

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OGS_a24.

Commerce/Census: “Useful Acronyms”


 
Have you shipped a package overseas that is valued over $2,500 per Schedule B classification number or licensed? Were you told to file Electronic Export Information (EEI) in the Automated Export System (AES) to receive an Internal Transaction Number (ITN)? Are you confused, lost or feel like a contestant on Wheel of Fortune with the abundance of letter combinations presented to you? Rest assured that we are here to help you.
 
When filing for the first time you are likely to encounter various acronyms that are unfamiliar to you. To assist you with the filing process, here are the most commonly used acronyms:
AES – The Automated Export System is where your reported EEI goes when you file it. This system gathers, processes and stores the export information. AES filers can transmit EEI to the AES via Automated Commercial Environment (ACE) AESDirect, approved self-programming software, approved vendor software, or an approved service center. Government agencies use the data that you report to the system to provide the public with vital statistics about our country’s economy. For a detailed look at these statistics, please visit our 
webpage.
 
EEI – Quite simply this means Electronic Export Information. Think of this as an electronic declaration of merchandise leaving the United States and being exported to a foreign country.  This will include information about the sender and the receiver of the goods, along with information about the goods being exported.
 
EIN – The Employer Identification Number is a unique nine-digit number issued by the Internal Revenue Service (IRS). Whether you are a business, or an individual exporting goods, you must obtain this number from the IRS in order to register for an account to gain access to the AES. Individuals wanting to export are advised to apply for an EIN as sole proprietors. See 
instructions on how to apply.
 
HTS – The Harmonized Tariff Schedule is a 10-digit number used to classify goods for import. In Step 3 of your filing, you may classify your product with either an 
HTS code, or a Schedule B number. The choice is yours. Please note that there are HTS numbers that are 
invalid for export.
 
IATA – The International Air Transport Association code is how carriers for air exports are identified. You will encounter this field in Step 4 of your filing. Please contact your air carrier for the correct reporting of their IATA.
 
ITN – The Internal Transaction Number is the confirmation number you receive once your electronic export information is submitted to and accepted by the AES. This number serves as proof of filing in the AES.
 
SCAC – The Standard Carrier Alpha Code, issued by the National Motor Freight Transit Association, is how carriers for vessel, rail and truck exports are identified. You will encounter this field in Step 4 of your filing. Please contact your carrier for the correct reporting of their SCAC.
 
Schedule B – This 10-digit number is used to classify the goods that you are exporting. You will encounter this required field in Step 3 of your filing in the ACE AESDirect portal. To classify your goods correctly, please visit our Schedule B Search Engine 
webpage.
 
SRN – This refers to the Shipment Reference Number, which is a unique number that you create for each individual shipment. This can be any combination of letters and numbers up to 17 characters. Since this number cannot be reused, you must create a new and unique number for each shipment. You will encounter this required field in Step 1 of your filing in the ACE AESDirect portal.
 
USPPI – The U.S. Principal Party in Interest refers to the person in the United States that receives the primary benefit, monetary or otherwise, of the export transaction. You will encounter this required filed in Step 2 of your filing in the ACE AESDirect portal.
 
Here is a full 
list of AES acronyms and definitions. For additional definitions, visit the census.gov 
glossary

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OGS_a5
7.

Treasury/OFAC Amends North Korea Sanctions Regulations, Releases New and Updated FAQs

(Source:
Treasury/OFAC, 3 Mar 2018.)
 
The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is announcing the amendment and reissuance in its entirety of the 
North Korea Sanctions Regulations, 31 C.F.R. part 510, in order to implement Executive Order (E.O.) 13687, E.O. 13722, and E.O. 13810, and to reference the North Korea Sanctions and Policy Enhancement Act of 2016 and the Countering America’s Adversaries Through Sanctions Act of 2017.  Pursuant to these authorities, all property and interests in property of the Government of North Korea and the Workers’ Party of Korea are blocked, and U.S. persons are generally prohibited from engaging in transactions with them without authorization from OFAC and must block property or interests in property that are in, or come within, the United States or the possession of a U.S. person.  In addition, these authorities provide the Secretary of the Treasury, in consultation with the Secretary of State, additional tools to disrupt North Korea’s ability to fund its weapons of mass destruction and ballistic missile programs.  OFAC is also publishing 
new and updated North Korea-related FAQs
.
 
The Regulations and the FAQs emphasize that all U.S. persons must comply with OFAC regulations, including all U.S. citizens and permanent resident aliens regardless of where they are located, all individuals and entities within the United States, and all U.S.-incorporated entities and their foreign branches.  Furthermore, all transactions within the United States, including all financial transactions that transit the U.S. financial system, must comply with OFAC regulations.  For additional information, see 
FAQ 11 and 
31 C.F.R. part 510, subpart G.
 
Violations of the North Korea Sanctions Regulations, issued under the authority of the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06 (IEEPA), and other statutes can result in substantial civil monetary penalties, referral for criminal prosecution, or both.  Each violation of the North Korea Sanctions Regulations is subject to a civil monetary penalty of up to the greater of the IEEPA statutory maximum ($289,238 as of March 1, 2018) or twice the value of the underlying transaction.  Criminal penalties of IEEPA can reach $1,000,000 and 20 years imprisonment per violation.  For additional information, see 
FAQ 12 and 
31 C.F.R. part 510, subpart G. 
 
For additional information regarding OFAC’s prohibitions and penalties, see 
Basic Information on OFAC and Sanctions. 
 
The regulations will be published in the Federal Register [see item #2 above], and the changes will take effect, on: March 5, 2018. 
 
Further information about the North Korea sanctions may be found
here
 

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OGS_a6
8.

UK Amends Export Control Order 2008 and 4 OGELs  

(Source:
UK DIT/ECO
, 5 Mar 2018.)
 
The Export Control Organisation (ECO) of the UK Department of International Trade (DIT) has published the following Notice to Exporters (2018/04).
 
The export control joint unit (ECJU) has amended the Export Control Order 2008. Changes have been made to article 2 (Interpretation) and Schedule 2 of the order. Four open general export licenses have been amended accordingly.
 
The new order, The 
Export Control (Amendment) Order 2018 (S.I. 2018 No.165) comes into force on 5 March 2018. The amending order makes a small number of changes to schedule 2 to the main order, which lists the military goods, software and technology subject to export controls. These changes reflect amendments made to the EU Common Military List following agreement to alter this list in the international export control regime known as the 
Wassenaar Arrangement.
 
These changes need to be incorporated into UK legislation to reflect the UK commitment to the international non-proliferation regime. The ECJU will also update the consolidated control list of strategic military and dual-use items that require export authorization.
 
The changes are:
 
  – the entry for ‘adapted for use in war’ is deleted and a new definition of biological agents has been agreed
  – a new heading for ML7 (chemical and biological agents)
  – a new substituted entry for ML7.a.
  – a new entry inserted as ML8.a.41
  – a new substituted entry for ML8.c.3.
  – a new entry and technical notes inserted as ML8.h (reactive materials)
 
In article 2 (Interpretation) the definition of ‘information security items’ has been removed. Changes made by the Export Control (Amendment) Order 2017 (S.I. 2017/85) have made this definition redundant.
 
Changes to OGELs
 
The two new entries ML8.a.41 (explosive) and ML8.h (reactive materials) have been excluded from the following OGELs:
 

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OGS_a7
9.

Singapore Customs Announces Additional TradeNet Downtimes

(Source:
Singapore Customs, 1 Mar 2018.) [Excerpts.]
 
In addition to the usual housekeeping time for TradeNet on Sundays from 0400 hours to 0800 hours and the extended downtime on 11 March 2018 (as indicated in
Notice No. 02/2018), we wish to inform you that Singapore Customs will also be performing system maintenance work which will affect TradeNet for the following dates and times:

During this period, there will not be any processing of amendment, cancellation, refund and stock related permit applications submitted through TradeNet. Processing of such applications will resume after the indicated timing above. …

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NWSNEWS

NWS_a1
10ST&R Trade Report: “Data to Remain Key Part of CBP Enforcement Efforts, Officials Say”

 
U.S. Customs and Border Protection officials said recently that they anticipate retaining and perhaps even expanding the agency’s data collection requirements as a key part of the agency’s evolving enforcement efforts.
 
Remarks from CBP officials at the annual East Coast Trade Symposium indicate that the agency is giving a lot of consideration to emerging threats. In a discussion with private-sector representatives, officials said e-commerce offers perhaps the most significant risk because it requires CBP to focus on individual packages rather than entire containers, facilitates collaboration between violators, and expands the number of foreign importers of record (which are more difficult to get information from). Other technological developments, such as the Internet of things (where appliances have the ability to order goods to be imported) and alternative forms of payment like bitcoin, offer challenges as well.
 
As it considers how to respond to these threats, CBP is evaluating its current and historic enforcement efforts to determine what has worked and what hasn’t. Officials acknowledged that CBP has had difficulty in the past finding the balance between utilizing collaborative efforts and imposing penalties to improve compliance. Officials also said the agency has struggled to adapt its enforcement tools to the e-commerce environment, particularly ensuring that it continues to receive required information from the non-traditional entities often involved in electronic transactions.
 
CBP is already receiving substantial amounts of information from the trade and is still working to determine how to translate that into actionable information, officials said. Nevertheless, additional information could be required in the future as CBP works to further analyze and segment risk. CBP is also interested in learning about predictive analytics, which uses large volumes of data as part of an effort to analyze the possibility of future outcomes. Robert Perez, acting executive assistant commissioner for operations support, said that given advances in artificial intelligence and machine learning this tool could help CBP get ahead of risks and trends rather than just responding to them. CBP already has a department looking into these issues, Perez said.
 
The trade community has expressed some wariness about providing additional information to enforcement agencies, but CBP officials offered a firm defense. Commissioner Kevin McAleenan emphasized that CBP’s enforcement mission is focused on protecting human lives, including U.S. consumers (from unsafe products), foreign laborers (from forced labor practices), and others. Others noted that society as a whole is becoming more comfortable with providing additional information to obtain convenience and other benefits and that companies themselves use “big data” to identify patterns in supply chain operations, consumer behavior, and other areas.
 
Regardless of how requirements for and usage of information may evolve, CBP is already taking steps to adapt to the evolving enforcement environment. CBP officials said improved cooperation and collaboration with other government agencies and foreign governments will be essential to targeting bad actors, which has become more difficult because the worst ones are often buried several levels deep in the supply chain. Expanded authorities provided by the Trade Facilitation and Trade Enforcement Act should help here as well. CBP also plans to continue to develop and enhance a trusted trader program that will allow it to focus its resources on higher risk entities and transactions.
 
Sandler, Travis & Rosenberg’s Lenny Feldman, a member of CBP’s Commercial Customs Operations Advisory Committee, said there are steps traders can take as well. Perhaps most importantly, Feldman said, companies need to develop and implement compliance programs that are sustainable; i.e., able to evolve as laws, regulations, and policies continue to change. These programs need to be informed by current and accurate information, so companies should pay close attention to their information sources. This includes not only consulting official CBP communications such as informed compliance publications and CSMS messages but also ensuring open lines of communication with suppliers. Feldman said another valuable measure companies can take is to develop a relationship with the Center of Excellence and Expertise that deals with their industry so CBP can become more familiar with their business and help them avoid and mitigate potential enforcement concerns.

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NWS_a211UPI: “North Korea Earned Hundreds of Millions Through Sanction-Busting Schemes”

(Source:
UPI, 5 Mar 2018.) [Excerpts.]
 
North Korea has been curbing global sanctions through elaborate maritime trade operations, a Japanese daily reported Sunday.
 
The Asahi Shimbun report said North Korea had vessels travelling to Malaysia and Vietnam and as far as Russia without being detected, as automatic identification devices were manipulated to hide the location of the ships. …
 
United Nations sanctions last August banned the North from exporting coal, following the regime’s missile launches.
 
However, passing the coal off as Russian coal would allow the shipments to be sold in foreign markets.
 
Targeting such smuggling tactics, U.S. President 
Donald Trump slapped a new round of sanctions on 50 vessels, shipping companies and trade entities around the world suspected of violating sanctions on North Korea.
 
However, experts say the pariah state may find another way to circumvent sanctions. “Despite decades of economic isolation, North Korea nearly always finds a way to get what it needs, because there are always companies willing to take the risk,” Andrea Berger, a London-based specialist in export control told the 
Washington Post. … 

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COMMCOMMENTARY

COMM_a01
12. M. Srere, M.B. Buchanan & R.J. Burby: “DOJ to Apply FCPA Corporate Enforcement Policy as ‘Nonbinding Guidance’ to Other Crimes

(Source:
Bryan Cave LLP, 2 Mar 2018.)
 
* Author: Mark Srere, Esq.,
mark.srere@bryancave.com; Mary Beth Buchanan, Esq.,
mbuchanan@bryancave.com; and R. Joseph Burby, Esq.
joey.burby@bryancave.com. All of Bryan Cave LLP; Washington DC, New York, and Atlanta, respectively.
 
DOJ’s Acting Head of the Criminal Division, John Cronan, announced publicly that the FCPA Corporate Enforcement Policy, which is now part of the U.S. Attorney’s Manual and is considered formal guidance for FCPA cases, would be used as “nonbinding guidance” in all criminal division cases.  This policy provides specific incentives for companies to voluntarily report wrongdoing to the DOJ.  As described by Deputy Attorney General Rod Rosenstein, “when a company satisfies the standards of voluntary self-disclosure, full cooperation, and timely and appropriate remediation, there will be a presumption that the Department will resolve the company’s case through a declination”.
 
In his remarks, Mr. Cronan touted the application of the Policy to the resolution of a manipulation of foreign currency options trading case against a large financial institution.  The financial institution voluntarily disclosed the misconduct to the DOJ, cooperated completely and remediated the issue.  As a result, the DOJ declined to prosecute, and the financial institution agreed to pay $12.9 million in restitution and disgorgement of profits.   It should be noted that the DOJ criminally charged an individual at the financial institution for the alleged misconduct.
 
Although this expansion of the FCPA Corporate Enforcement Policy may benefit some companies, there are certain drawbacks.  Most important is that the decision whether to decline is not guaranteed – it is a presumption only.  DOJ is the sole arbiter whether the company has (1) “timely” self-disclosed; (2) “fully cooperated” (including, for example, giving up individuals, “proactively” cooperating, preserving documents, de-conflicting witness interviews); and (3) timely and appropriately “remediated” (including, for example, disciplining employees, enhancing compliance program, and conducting a root cause analysis).
 
Moreover, the DOJ may decide that “aggravating circumstances” (such as involvement of executive management, excessive profits or pervasiveness of misconduct) exist, in which case a company would not be entitled to the presumption at all.
 
Finally, the Policy itself states:  “To qualify for the FCPA Corporate Enforcement Policy, the company is required to pay all disgorgement, forfeiture, and/or restitution resulting from the misconduct at issue.”  So, once a company has made a decision to voluntarily disclose to the government, there will be monetary penalties (in addition to the increased legal fees associated with dealing with government cooperation demands).
 
We issued an alert that discusses in detail the FCPA Corporate Enforcement Policy, which can be found
here. The expansion to general crimes is generally a good thing for companies – they need to consider the potential benefits that attach to a voluntary disclosure.  The policy, however, does not always mitigate in favor of a voluntary disclosure. 

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COMM_a213.

Gary Stanley’s EC Tip of the Day

 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
gstanley@glstrade.com.
 
Items subject to temporary CCL controls are classified under the
ECCN 0Y521 series (i.e., 0A521, 0B521, 0C521, 0D521, and 0E521) pursuant to
EAR § 742.6(a)(7) while a determination is made as to whether classification under a revised or new ECCN, or an EAR99 designation, is appropriate.

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COMM_a3
14
R.C. Burns: “Refueling Zarif: A Sad Saga of Secondary Sanctions Averted by German Military”

(Source:
Export Law Blog, 2 Mar 2018. Reprinted by permission.)
 
* Author: R. Clifton Burns, Esq., Bryan Cave LLP, Wash DC,
Clif.Burns@bryancave.com, 202-508-6067).
 
A few weeks ago, the attendance of Iranian Foreign Minister Javad Zarif at the Munich Security Conference led to a 
little brouhaha when German fuel companies, worried about U.S. sanctions on Iran, indicated that they would not be able to refuel Zarif’s airplane for his trip home, citing their fear of U.S. sanctions and presumably not wishing to be thrown into a U.S. jail the next time they took their family on a trip to Disneyland. Zarif was able to attend the conference and return home only because the German military stepped in and refueled his airplane.
 
Although that might seem a bit of an overreaction by the German fuel companies, it probably was not. For starters, based on reports (
here and 
here) from plane spotters, Zarif has been ferried around on an Airbus operated by Meraj Airlines, an Iranian charter company that the U.S. thinks has carried around not just tourists and Iranian officials but also arms and reinforcements for Syria. As a result, Meraj is on the SDN list and sanctioned under the 
Global Terrorism Sanctions Regulations. This meant that Meraj remained on the SDN List even after the implementation of the JCPOA. The problem then, for the German fuel companies, is that section 2 of 
Executive Order 13645, which allows OFAC to designate anyone who supplies “goods or services to or in support of any Iranian person included on the SDN list,” would apply to any refueling of a Meraj aircraft.
 
But wait, what about the travel exemption? You know, OFAC’s least favorite exemption, right up there next to the information exemption. Wouldn’t refueling the plane be, to quote 50 U.S.C. 1702(b)(4), a transaction “ordinarily incident to travel to or from any country”? Of course it is, but OFAC, in 
FAQ J.7, says this:
 
U.S. persons are allowed to engage in transactions that are ordinarily incident to travel to or from Iran, including flying on Iranian airlines, with the exception of airlines, such as Mahan Air, that are designated under the Global Terrorism Sanctions Regulations, 31 C.F.R. part 594 (GTSR).
 
Sigh. We’ve been here before when OFAC recently 
said you could go to jail for giving a Bible to a member of the Islamic Revolutionary Guard Corps. The argument that OFAC tried to make in that case was that since the sanctions are authorized under a statute other than the International Emergency Economic Powers Act, it was free to ignore the travel and information exemptions. The problem with that argument in the IRGC case was that the other statute cited by OFAC directed it to impose sanctions 
under IEEPA.
 
In this case, the Executive Order in question relies on 
Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (“CISADA”) and the 
Iran Freedom and Counter-Proliferation Act of 2012 (“IFCA”). But neither of those acts authorizes  permitting designation of anyone providing material support to any Iranian on the SDN List. Section 112 of CISADA allows imposition of travel restrictions on affiliates of the IRGC, but that does not authorize such restrictions on every other Iranian on the SDN list that is unaffiliated with the Islamic Revolutionary Guard Corps (“IRGC”).  For Iranian SDNs that are not IRGC affiliates, section 2 of Executive Order 13645, is authorized by IEEPA alone; and the travel exemption, therefore, remains in force for those cases.
 
The 
designation of Meraj did not rely on any affiliation with the IRGC. So, the travel exemption should apply to the foreign refueling of Meraj aircraft. That being said, one can certainly understand why the German companies would simply rather refuse to service the plane rather than relying on an argument that the travel exemption applies.  The question is now whether OFAC will go after the German military and designate it under Executive Order 13645.   I have to admit that these days nothing, including OFAC saber rattling over the German military letting Zarif go home, would surprise me.

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

MSEX/IM MOVERS & SHAKERS

MS_a215. Monday List of Ex/Im Job Openings; 176 Jobs Posted This Week, Including 20 New Jobs

(Source: Editor)  
 

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

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

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

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

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

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

* Arent Fox LLP; Washington, D.C.; International Trade Associate;

* Arent Fox LLP; Los Angeles, CA;
International Trade Associate;

* 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 

* Boeing; St. Louis, MO; Trade Control Specialist – Mid Career; Requisition ID: 1700022214

* Boeing; Melbourne, Australia;
Trade Control Specialist; Requisition ID: 
1700015249

* 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;
* Crown Corporation; New Bremen, Ohio; Trade Compliance Specialist; Requisition ID: 45311

* 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

* Danaher Science and Technology; United States; Senior Global Trade Compliance ManagerJob ID: COR000942

* Danaher Science and Technology; Brea, CA; Senior Coordinator Regulatory Affairs – Trade ComplianceJob ID: BEC009263 

* Danaher Science and Technology;
Biberach an der Riß, Germany;
European Trade Compliance Specialist
Job ID: KAV001714 

* Danaher Science and Technology; Nationwide, India; Manager, International Regulatory Affairs
Job ID: CEP000339

*
 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

# Elbit Systems of America; Fort Worth, TX;
Trade Compliance Manager; 2018-5916

# Elbit Systems of America; Fort Worth, TX;
Trade Compliance Officer; 2018-5917

* EMD Serono; Milan, Italy;
Trade Compliance Associate Internship
;
* EMD Serono; Shanghai, China; Trade Compliance Specialist;

* EMD Serono; Shanghai, China; Import Export Supervisor;
* EMD Serono; St. Louis, MO; Trade Compliance Specialist;

* Emerson; Bloomington, Minnesota; Project Manager, Trade Compliance;

# Esterline; Xenia, OH; Manager, International Trade Compliance;

# Esterline; Hong Kong;
Regional ITC Manager;
#
 Esterline; Singapore; Regional ITC Manager;

# Esterline; Brea, CA; 
Senior Trade Compliance Specialist;

* 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
;
* Full Circle Compliance; Bruchem, Netherlands;
Legal Analyst, Manager

* 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

* GHY International; Manitoba, Canada; Trade Analyst;
* GHY International; Pembina, ND (or remote); Ocean & Air Import Coordinator
* 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

* Huntington Ingalls Industries – TSD (Camber Corporation); Fairfax, VA; Export Control Analyst; Job ID: #16405

* 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;

* International Trade Compliance Group; Pompano Beach, FL; Trade Compliance Specialist
* JABIL; St. Petersburg, FL;
Trade Compliance Manager
; Requisition ID: 207029
* JABIL; St. Petersburg, FL;
Trade Compliance Specialist; Requisition ID: 206581
* JABIL; Guadalajara, Mexico;
Classification & Export Licensing Analyst; Requisition ID: 207594
* 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

* KPMG U.S.; San Francisco, CA; Associate, Trade & Customs;
* 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
# Raytheon Company; El Segundo, CA; Senior Analyst, Global Trade Licensing; Requisition ID: 111121BR
# Raytheon Company; El Segundo, CA; Global Trade Manager; Requisition ID: 108227BR

# Raytheon Company; El Segundo, CA;
Principal, Global Trade Licensing; Requisition ID: 
108230BR
 

# Raytheon Company; Tucson, AZ;
Sr. Export Licensing Specialist;
 Requisition ID: 
108970BR;
ryan.murphy@raytheon.com

# Raytheon Company; Tucson, AZ;
Export Licensing Specialist; Requisition 


ID: 108960BR;
 ryan.murphy@raytheon.com

# Raytheon Company; Tucson, AZ;
Export License & Compliance Specialist; Requisition ID: 
108961BR
# Raytheon Company; Tucson, AZ; Trade Compliance Principal Investigator; Requisition ID: 110444BR

# Raytheon Company; Tewksbury, MA;
Licensing Manager; Requisition ID: 
110837BR

#
 Raytheon Company; Waltham, MA; 
Licensing Manager
; Requisition ID: 
110837BR
# Raytheon Company; El Segundo, CA; Licensing Director; Requisition ID: 110838BR

#
 Raytheon Company; Richardson, TX;  
Licensing Director
; Requisition ID: 110838BR

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

JR6025484 

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

# SABIC; Houston, TX; Senior Analyst, International Trade Compliance

Requisition ID 8655; OR Contact: Jason Washington
# SABIC; Houston, TX;
Senior Analyst, Trade Compliance; Requisition ID: 8644BR

* SAFRAN Group; United Kingdom;
Trade Compliance Specialist;

* Sig Sauer; Newington, New Hampshire; Trade Compliance Manager
* The Spaceship Company; Mojave, CA; Export Compliance Officer;
* Spirent; San Jose, CA;
Global Trade Compliance Specialist; Requisition ID: 4088

* TE Connectivity; Middletown, PA; Manager II, Global Trade Compliance; Requisition ID: 17361
* 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, UTC Aerospace Systems; Hood River, OR;
International Trade Compliance Specialist
; Requisition ID: 60584BR
* United Technologies Corporation, UTC Aerospace Systems; Phoenix, AZ;

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

hrads@lasp.colorado.edu
; Requisition ID: 12298
# University of Toledo; Toledo, Ohio; Compliance Analyst, Export Control; Requisition ID: 38356 (Click link twice from Bugle)
* Varian; Belgium, Switzerland, Netherlands, or UK; EMEIA Trade Lead – Senior Manager Trade Compliance; Requisition ID: 12301BR; Contact 
Gavin Tickner at 
Gavin.Tickner@varian.com
 
* Varian; Paolo Alto, CA; Senior Trade Compliance Analyst; Requisition ID: 12735BR; Contact 
Uyen Tran at
Uyen.Tran@varian.com
* Varian; Beijing, China;
Trade Compliance Analyst; Requisition ID: 
12297BR; Contact 
Susan Lin at
 WeiZhen.Lin@varian.com
* 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 

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

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

ENEDITOR’S NOTES

 
*
Lucy Larcom (5 Mar 1824 – 17 Apr1893; was an American teacher, poet, and author.
 – “Like a plant that starts up in showers and sunshine and does not know which has best helped it to grow, it is difficult to say whether the hard things or the pleasant things did me the most good.”
  – “If the world seems cold to you, kindle fires to warm it.”
 
Monday is Punday:
 
* Q: What do Generals become when they retire from the military?
   A. Part of the general public.
 
* Q. What is Cole’s Law?
   A. Thinly sliced cabbage in mayo.

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

EN_a317
. 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: 22 Feb 2018: 83 FR 7608-7610: Technical Amendment to List of User Fee Airports: Name Changes of Several Airports and the Addition of Five Airports
 
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: 5 Mar 2018:
83 FR 9182-9204: North Korea 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: 27 Feb 2018:
Harmonized System Update 1802
, containing 164 ABI records and 38 harmonized tariff records.

  – HTS codes for AES are available here.
  – HTS codes that are not valid for AES are available here.

 
INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR): 22 C.F.R. Ch. I, Subch. M, Pts. 120-130.

  – Last Amendment: 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_a0318
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.

* BACK ISSUES: An archive of Daily Bugle publications from 2005 to present is available
HERE.

* TO UNSUBSCRIBE: Use the Safe Unsubscribe link below.

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