18-0306 Tuesday “Daily Bugle”

18-0306 Tuesday “Daily Bugle”

Tuesday, 6 March 2018

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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[No items of interest noted today.]

  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS Publishes Information on 13th Annual Export Control Forum, 27-28 Mar in Santa Clara, CA
  3. DHS/CBP Releases Update on ACE Deployment-Related Issues
  4. DHS/ICE: “Pakistani Nationals Plead Guilty to Money Laundering in ICE Export Probe”
  5. State/DDTC: (No new postings.)
  6. EU Amends Restrictive Measures Concerning North Korea, Central African Republic, and Ukraine
  7. Dutch Government Publishes Guide Concerning Internal Compliance Programs for Export Controls
  1. Foreign Policy: “Washington Strikes Back Against Chinese Investment”
  2. ST&R Trade Report: “E-Commerce, Automation, Enforcement, IP Among Topics Discussed at COAC Meeting”
  1. M. Volkov: “Time to Review and Revise Your Internal Controls (Part I of II)”
  2. University of California: “FAQs about Export Control Compliance in Universities”
  3. Gary Stanley’s EC Tip of the Day
  1. ECTI Presents “U.S. Export Control (EAR/OFAC/ITAR) Seminar” in London, UK, 14-17 May
  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 



[No items of interest noted today.

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OGS_a11. Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)

[No items of interest noted today.]

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Commerce/BIS Publishes Information on 13
th Annual Export Control Forum, 27-28 Mar in Santa Clara, CA

Commerce/BIS, 5 Mar 2018.) [Excerpts.]
Interested to hear the latest changes to U.S. export controls affecting your international operations? Want to meet with key policy, technical, and enforcement specialists from Washington D.C. intimately involved in export controls? Here’s your opportunity– in a convenient west coast location! 
This year’s Export Control Forum will feature experts from the principal U.S export control agencies. Topics to be covered include U.S. embargoes and sanctions, encryption, identifying and protecting emerging technologies, the latest information on transfers from the U.S. Munitions List to the Commerce Control List, updates to the Foreign Trade Regulations, export compliance best practices, and much more. 

As in years past, the Forum will include a networking opportunity at the close of the first day, where participants may interact with the speakers and other attendees in a more congenial environment. This year, BIS will hold separate breakout sessions on Day Two of the Forum to cover specialized material in greater depth. 

Continuing legal education credit (MCLE) is available, and varies with the length of each seminar, for California State Bar members. Tentative agenda available

The Export Control Forum will be held March 27-28, 2018, at the Marriott Santa Clara located at 2700 Mission College Boulevard, Santa Clara, CA 95054. … 
Accommodations …
Registration …
Exhibit Table Space Registration …
Other Questions … 

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DHS/CBP Releases Update on ACE Deployment-Related Issues

CSMS# 18-000199, 5 Mar 2018.)
Following the February 24th ACE Deployment G, Release 4, please find an update on all deployment-related issues in this document.
For more information on the February 24th deployment, please go

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DHS/ICE Newsroom: “Pakistani Nationals Plead Guilty to Money Laundering in ICE Export Probe”

DHS/ICE Newsroom, 5 Mar 2018.) [Excerpts.]
Two Pakistani national pleaded guilty Monday to federal money laundering charges following an investigation by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) New Haven, Connecticut, and other federal law enforcement agencies.
Muhammad Ismail, 67, of Meriden, Connecticut and Kamran Khan, 38, of Hamden, Connecticut, Pakistan nationals with lawful permanent U.S. residence status, pleaded guilty Monday in Bridgeport, Connecticut federal court to money laundering in connection with funds they received for the unlawful export of goods to Pakistan; a third defendant, Imran Khan, 43, of North Haven.
According to court documents and statements made in court, from at least 2012 to December 2016, Ismail, and his two sons, Kamran and Imran Khan, were engaged in a scheme to purchase goods that were controlled under the Export Administration Regulations (“EAR”) and to export those goods without a license to Pakistan, in violation of the EAR. Through companies conducting business as Brush Locker Tools, Kauser Enterprises-USA and Kauser Enterprises-Pakistan, the three defendants received orders from a Pakistani company that procured materials and equipment for the Pakistani military, requesting them to procure specific products that were subject to the EAR. When U.S. manufacturers asked about the end-user for a product, the defendants either informed the manufacturer that the product would remain in the U.S. or completed an end-user certification indicating that the product would not be exported.
After the products were purchased, they were shipped by the manufacturer to the defendants in Connecticut. The products were then shipped to Pakistan on behalf of either the Pakistan Atomic Energy Commission (“PAEC”), the Pakistan Space & Upper Atmosphere Research Commission (“SUPARCO”), or the National Institute of Lasers & Optronics (“NILOP”), all of which were listed on the U.S. Department of Commerce Entity List. The defendants never obtained a license to export any item to the designated entities even though they knew that a license was required prior to export. The defendants received the proceeds for the sale of export controlled items through wire transactions from Value Additions’ Pakistan-based bank account to a U.S. bank account that the defendants controlled.
Ismail and Kamran Khan each pleaded guilty to one count of international money laundering, for causing funds to be transferred from Pakistan to the U.S. in connection with the export control violations. In pleading guilty, Ismail and Kamran Khan specifically admitted that, between January and July 2013, they procured, received and exported to SUPARCO, without a license to do so, certain bagging film that is used for advanced composite fabrication and other high temperature applications where dimensional stability, adherence to sealant tapes and uniform film gage are essential. The proceeds for the sale of the bagging film were wired from Pakistan to the defendants in the U.S.
When they are sentenced, Ismail and Kamran Khan face a maximum term of imprisonment of 20 years. Since the time of their arrests in December 2016, Ismail has been released on a $50,000 bond, and Kamran Khan has been released on a $100,000 bond.
On June 1, 2017, Imran Khan pleaded guilty to one count of violating the International Emergency Economic Powers Act. In pleading guilty, Khan specifically admitted that, between August 2012 and January 2013, he procured, received and exported to PAEC an Alpha Duo Spectrometer without a license to do so. He is released on a $100,000 bond pending sentencing. … 

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EU Amends Restrictive Measures Concerning North Korea, Central African Republic, and Ukraine

Council Implementing Regulation (EU) 2018/324 of 5 March 2018 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea
Council Implementing Regulation (EU) 2018/325 of 5 March 2018 implementing Article 17(3) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic
Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
Council Implementing Decision (CFSP) 2018/331 of 5 March 2018 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea
Council Implementing Decision (CFSP) 2018/332 of 5 March 2018 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic
Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine

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Dutch Government Publishes Guide Concerning Internal Compliance Programs for Export Controls

The Dutch Ministry of Foreign Affairs has published on its website a
guide (in Dutch) concerning Internal Compliance Programs (ICP) for Export Controls.
An ICP is mandatory for organizations that apply for and use a Global Export License. An ICP must consist of at least the following elements:
  (1) Management Commitment
  (2) Structure & Responsibility (“Compliance Organization”)
  (3) Export Screening Procedure
  (4) Pre-Shipment Controls
  (5) Training
  (6) Audits, Reporting & Enhancement Measures
  (7) Archiving (“Record keeping”)

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8Foreign Policy: “Washington Strikes Back Against Chinese Investment”

Foreign Policy, 6 Mar 2018.) [Excerpts.]
A new bill moving forward on Capitol Hill would expand regulators’ ability to block Chinese acquisitions — and U.S. ventures abroad.
In the race to manufacture self-driving vehicles, there is no more important technology than lidar, which uses laser pulses much like radar to map the nearby area in minute detail. It is what lets a car tell the difference between a human leg and a branch. That’s the main reason Chinese internet giant Baidu made a big investment in American lidar specialist Velodyne in 2016. …
legislation gaining momentum on Capitol Hill and 
backed by the Trump administration would take aim at the avalanche of Chinese investment with an eye to protecting U.S. national security. … 
Critics of the proposed legislation say it overshoots in trying to control the export of U.S. technology by potentially regulating a wide variety of transactions, joint ventures, and other deals – when sensitive technologies are already subject to review. Both the Commerce Department and the State Department have their own export controls, for dual-use goods and for military technology. … 

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NWS_a29ST&R Trade Report: “E-Commerce, Automation, Enforcement, IP Among Topics Discussed at COAC Meeting”

U.S. Customs and Border Protection’s Commercial Customs Operations Advisory Committee held an open meeting Feb. 28 in Miami, Fla. In a keynote address, Acting Commissioner Kevin McAleenan highlighted CBP’s improved enforcement authority under the Trade Facilitation and Enforcement Act of 2015. McAleenan said this legislation, which created “over 100 new mandates and requirements,” has in many ways “reshaped the interaction between CBP and the trade community.” He added that CBP has made “significant progress” in enhancing U.S. enforcement efforts and has “aligned operations with today’s complex trade environment.”
According to a CBP press release, the COAC subcommittees provided recommendations to improve automation along with better ways for CBP to collect revenue. Also on the table were proposals to improve internet commerce, while a working group gave updates on “block chain” technology that enables certificates and licenses to be electronically submitted. CBP noted in this regard that foreign governments generate seals and signatures that must be shown before their goods can enter the country and, without proper protections, those documents risk being manipulated or fraudulently produced.

The meeting also considered measures to protect intellectual property such as the Report IP Theft campaign that encourages reporting violations through a newly established toll-free hotline. Participants urged CBP to work with e-commerce stakeholders to develop an automated online survey for customers who believe their shipments contain phony products as well as to look for better ways to handle cargo that arrives without a logo or trademark (known as “blanks”). 

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10. M. Volkov: “Time to Review and Revise Your Internal Controls (Part I of II)”

Volkov Law Group Blog, 5 Mar 2018. Reprinted by permission.)
* Author: Michael Volkov, Esq., Volkov Law Group,
mvolkov@volkovlaw.com, 240-505-1992.
Laws control the lesser man – right conduct controls the greater one 
  – Mark Twain
A company’s internal controls define the backbone of its operations, encompassing financial, operational and compliance functions.
The FCPA defines requirements for publicly-traded companies to implement internal controls, including compliance controls.  Under the internal controls requirements, issuers must devise and maintain a system of internal accounting controls sufficient to assure management’s control, authority, and responsibility over the firm’s assets.   Internal controls include various components, such as: a control environment that covers the tone set by the organization regarding integrity and ethics; risk assessments; control activities that cover policies and procedures designed to ensure that management directives are carried out (e.g., approvals, authorizations, reconciliations, and segregation of duties); information and communication; and monitoring.
While the core purpose of a company’s internal controls is to ensure that a company’s financial statements conform to generally accepted accounting principles, a company’s internal controls extend into compliance and operational functions.  Given this broad purpose, companies have to answer these two importance questions:
Who is responsible for organizing and maintaining your company’s internal controls?
How does your company ensure that its internal controls adequately address financial, operational and compliance functions?
I will wager that anyone who answers this question will identify silos of responsibility – compliance designs its own controls, operations design its own controls and finance maintains a set of financial accounting and reporting controls.  No one is responsible for coordinating these three categories of controls, or for ensuring adequate input from internal stakeholders.  Moreover, most companies do not have a structure to coordinate the company’s internal controls and ensure consistency in the drafting, application and implementation of the internal controls across the organization.
Enforcement Risks
As we have watched the Justice Department and the SEC push on the edges of enforcement of internal controls, companies have to respond to this serious risk.
Section 13b(5) of the Securities and Exchange Act provides:
No person shall circumvent or knowingly fail to implement a system of internal accounting controls or knowingly, falsify any book, record or account.
Criminal penalties for violation of internal controls differs depending on whether the violator is a company or an individual.
An individual who willfully and knowingly violates the internal controls provision is subject to 20 years imprisonment and a $5 million fine.
A publicly-traded company that knowingly violates the internal controls provision is subject to a $25 million fine.
The SEC knows it has a powerful enforcement weapon, and when necessary, they use it.  In 2012, the SEC settled a case with Oracle for $2 million for violating internal controls by structuring transactions involving sales to the Indian government resulting in Oracle distributors holding $2.2 million.  The funds were not reported in Oracle’s consolidated reports.  The SEC found that the transactions created a risk that the money could be used for bribery.
In 2009, the SEC prosecuted Thomas Wurtzel who authorized multiple payments to an agent relating to a military aircraft depot project for the Egyptian air force.  Wurtzel knew the agent had not gone through due diligence and there was no documentation of the services the agent provided.  The SEC cited not evidence of any bribery payments paid to a foreign official.  Wurtzel agreed to pay $35,000.
Last year, Halliburton paid $29.2 million to the SEC for failure to follow its internal controls with respect to a high-risk transaction.  A senior officer paid $75k for circumventing specific controls related to the review of the high-risk transaction.  The SEC cited no evidence of bribery.
The Justice Department’s FCPA prosecutors are fully aware that they have the ability to charge individuals and companies for criminal violations of the internal controls provision without any evidence of bribery, fraud or other crimes.  To date, DOJ and the SEC have prosecuted civil and criminal internal controls violations while relating these violations to other law-breaking conduct.  DOJ is ready and willing to bring a criminal case for circumvention in these unique circumstances – when there is no evidence of a related crime, including bribery, fraud or other criminal activity.

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University of California: “FAQs about Export Control Compliance in Universities”

Frequently Asked Questions about Export Control Compliance.  (See Source website for answers to below questions.) 
[Editor’s note: Although the below are helpful discussions, only the Directorate of Defense Trade Controls is authorized to provide authoritative interpretation of ITAR provisions.]
  (1) Before shipping research equipment or materials out of the country, work with your export control manager or Vice Chancellor for Research’s office to determine whether an export license is required.
  (2) Publish research results in a timely manner through one of the means that qualifies as “publicly available” or “in the public domain.” Consult with your technology transfer or patent office if the data concerns a patentable invention.
  (3) Do not accept restrictions on access to or dissemination of information.
  (4) Do not provide citizenship, nationality, or visa status information to project sponsors or other third parties, or agree to background checks for project participants.
  (5) If you are a non-US person, do not attend meetings from which non-US persons are barred.

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Gary Stanley’s EC Tip of the Day

(Source: Defense and Export-Import Update; 5 Mar 2018.  Available by subscription from
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059, 
All items described within a USML paragraph or subparagraph that is preceded by an asterisk (*) are designated “Significant Military Equipment” (see ITAR § 120.7). SME articles are those for which special export controls are warranted because of their capacity for substantial military utility or capability. Note that technical data directly related to the manufacture or production of a defense article designated as Significant Military Equipment (SME) is also designated as SME.

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ECTI Presents “U.S. Export Control (EAR/OFAC/ITAR) Seminar” in London, UK, 14-17 May

* What: United States Export Control (ITAR/EAR/OFAC) Seminar Series in London, United Kingdom (for EU, UK and other non-US Companies)
* When: ITAR Seminar: May 14-15, 2018; EAR/OFAC Seminar:  May 16-17, 2018
* Where: Hilton London Olympia, 380 Kensington High Street, London W14 8NL, United Kingdom
* Sponsor: Export Compliance Training Institute (ECTI); Akin Gump; Oppenhoff & Partner
* ECTI Speaker Panel:  Scott Gearity, Greg Creeser, Stephan Müller and Anne Borkovic
* Register:
Here, or Jessica Lemon, 540-433-3977,

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Michelangelo (Michelangelo di Lodovico Buonarroti Simoni; 6 Mar 1475 – 18 Feb 1564; was an Italian sculptor, painter, architect, and poet who exerted an unparalleled influence on the development of Western art. He been described as one of the greatest artists of all time. Despite making few forays beyond the arts, his artistic versatility was of such a high order that he is often considered a contender for the title of the archetypal Renaissance man, along with his rival, the fellow Florentine and client of the Medici, Leonardo da Vinci.)
  – “The greater danger for most of us lies not in setting our aim too high and falling short; but in setting our aim too low, and achieving our mark.”

  – “There is no greater harm than that of time wasted.”

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. 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.
: 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. 
: 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

  – 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 

: 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.]

: 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders

  – Last Amendment: 5 Mar 2018:
83 FR 9182-9204: North Korea Sanctions Regulations

: 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
  – 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.
, 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.


  – 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 

, 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
. BAFTR subscribers receive a 25% discount on subscriptions to the BITAR, please
contact us
to receive your discount code.

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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 

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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.

* 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.

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