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18-0319 Monday “Daily Bugle”

18-0319 Monday “Daily Bugle”

Monday, 19 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. Commerce/BIS Posts Requirements to Submit Exclusion Requests Concerning Section 232 Duties on Steel and Aluminum
  2. Treasury/OFAC Posts Inflation Adjustment of Civil Monetary Penalties
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. Commerce/Census: “Tips on How to Resolve AES Fatal Errors”
  4. State/DDTC: (No new postings.)
  5. President Takes Additional Steps to Address Situation in Venezuela
  6. EU Amends Restrictive Measures Concerning Somalia
  7. UK DIT/EJCU Publishes Post-Implementation Review: Export Control (Eritrea and Miscellaneous Amendments) Order 2011
  8. Singapore Customs Posts Notice on Change in Japan’s AEO Codes
  1. National Defense Magazine: “Export Control Reform at Risk of Reversals”
  2. ST&R Trade Report: “Pilot Test of Blockchain for NAFTA/CAFTA-DR Certifications Could be Launched This Year”
  3. Washington Post: “Russian Described as Gun Developer for Kalashnikov Charged in Las Vegas Sting”
  1. A. Witt: “Non-official Translation: German Preliminary Information on the Extension and Amendment of General Export Licenses Nr. 12 to Nr.27 as of 1 Apr 2018. (Bundesamt für Wirtschaft und Ausfuhrkontrolle, BAFA, 13 Mar 2018)”
  2. M. Volkov: “Episode 30 – Common Due Diligence Problems (Part III of III)”
  3. T. Murphy: “Section 232 Duties on Steel & Aluminum — Process for Product Exclusions”
  1. Monday List of Ex/Im Job Openings: 148 Jobs Posted, Including 6 New Jobs
  1. ECTI Presents “Jurisdiction and Classification: Handling CJ’s, CCATS, Self-Determinations, and Creating JCA Systems” Webinar, 2 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 (19 Mar 2018), FTR (20 Sep 2017), HTSUS (14 Mar 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 Posts Requirements to Submit Exclusion Requests Concerning Section 232 Duties on Steel and Aluminum
(Source: Federal Register, 19 Mar 2018.) [Excerpts.]
 
83 FR 12106-12112: Requirements for Submissions Requesting Exclusions from the Remedies Instituted in Presidential Proclamations Adjusting Imports of Steel Into the United States and Adjusting Imports of Aluminum Into the United States; and the Filing of Objections to Submitted Exclusion Requests for Steel and Aluminum
* AGENCY: Bureau of Industry and Security, Office of Technology Evaluation, U.S. Department of Commerce.
* ACTION: Interim final rule.
* SUMMARY: This interim final rule amends the National Security Industrial Base Regulations to add two new supplements. The new supplements set forth the process for how parties in the United States may submit requests for exclusions from actions taken by the President (“exclusion requests”) to protect national security from threats resulting from imports of specified articles. The new supplements also set forth the requirements and process for how parties in the United States may submit objections to the granting of an exclusion request.
   The supplements are being added to implement Presidential Proclamations 9704 and 9705 of March 8, 2018 (“Proclamations”), adjusting imports of steel articles identified in Proclamation 9705 (“steel”) and aluminum articles identified in Proclamation 9704 (“aluminum”) through the imposition of duties so that imports of steel articles and aluminum articles will no longer threaten to impair the national security. As set forth in the Proclamations, the President concurred with the findings of the Secretary of Commerce (“Secretary”) in two reports to the President on the investigations under section 232 of the Trade Expansion Act of 1962, as amended, of the effect of imports of steel and aluminum, respectively, on the national security of the United States. The Proclamations authorize the Secretary to grant exclusions from the duties upon request of affected parties if the steel or aluminum articles are determined not to be produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality or based upon specific national security considerations. The President directed the Secretary to promulgate regulations as may be necessary to set forth the procedures for an exclusion process.
* DATES:
  – Effective date of interim final rule: This interim final rule is effective March 19, 2018.
  – Comments on this interim final rule: Comments on this interim final rule must be received by BIS no later than May 18, 2018.
  – See SUPPLEMENTARY INFORMATION section for information on submitting exclusion requests and objections thereto. …
* FOR FURTHER INFORMATION CONTACT: Brad Botwin, Director, Industrial Studies, Office of Technology Evaluation, Bureau of Industry and Security, U.S. Department of Commerce (202) 482-5642, Steel232@bis.doc.gov regarding steel exclusion requests and (202) 482-4757, Aluminum232@bis.doc.gov regarding aluminum exclusion requests.
* SUPPLEMENTARY INFORMATION:
   This interim final rule amends part 705 (Effects of Imported Articles on the National Security) by adding Supplement No. 1–Requirements for Submissions Requesting Exclusions from the Remedies Instituted in Presidential Proclamation 9705 of March 8, 2018 Adjusting Imports of Steel into the United States. This interim final rule also amends part 705 by adding Supplement No. 2–Requirements for Submissions Requesting Exclusions from the Remedies Instituted in Presidential Proclamation 9704 of March 8, 2018 Adjusting Imports of Aluminum into the United States. The two new supplements specify the requirements and process for how parties may submit exclusion requests. The new supplements also specify the requirements and process for how parties may submit objections to exclusion requests.
   The two new supplements follow the same structure, but have different criteria based on the differences between the steel and aluminum industries.
   These new supplements consist of introductory text that describe the Section 232 steel or aluminum Proclamation issued by the President imposing duties on the imports of steel articles and aluminum articles. …
 
Wilbur L. Ross, Secretary of Commerce.
* * * * * * * * * * * * * * * * * * * * 

EXIM_a22. Treasury/OFAC Posts Inflation Adjustment of Civil Monetary Penalties
(Source: Federal Register, 19 Mar 2018.) [Excerpts.]
 
83 FR 11876-11881: Inflation Adjustment of Civil Monetary Penalties
* AGENCY: Departmental Offices, Financial Crimes Enforcement Network, and Office of Foreign Assets Control, Treasury.
* ACTION: Final rule.
* SUMMARY: The Department of the Treasury (“Department” or “Treasury”) publishes this final rule to adjust its civil monetary penalties (“CMPs”) for inflation as mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (collectively referred to herein as “the Act”). This rule adjusts CMPs within the jurisdiction of certain components of the Department to the maximum amount required by the Act.
* DATES: Effective March 19, 2018.
* FOR FURTHER INFORMATION CONTACT: …
   For information regarding the Office of Foreign Assets Control’s CMPs, contact the Assistant Director for Enforcement, tel.: 202-622-2430; or Licensing, tel.: 202-622-2480; Assistant Director for Regulatory Affairs, tel.: 202-622-4855; Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; or the Department of the Treasury’s Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202-622-2410.
* SUPPLEMENTARY INFORMATION: …
   The method of calculating CMP adjustments applied in this final
rule is required by the 2015 Act. Under the 2015 Act and the Office of
Management and Budget guidance required by the 2015 Act, annual
inflation adjustments subsequent to the initial catch-up adjustment are
to be based on the percent change between the Consumer Price Index for
all Urban Consumers (“CPI-U”) for the October preceding the date of
the adjustment and the prior year’s October CPI-U. As set forth in
Office of Management and Budget Memorandum M-18-03 of December 15,
2017, the adjustment multiplier for 2018 is 1.02041. In order to
complete the 2018 annual adjustment, each current CMP is multiplied by
the 2018 adjustment multiplier. Under the 2015 Act, any increase in CMP
must be rounded to the nearest multiple of $1. …

 

Ryan Brady, Executive Secretary.
* * * * * * * * * * * * * * * * * * * * 

OGSOTHER GOVERNMENT SOURCES

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

* Treasury; Foreign Assets Control Office; NOTICES; Blocking or Unblocking of Persons and Properties [Publication Date: 20 March 2018.]  

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

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

 
When a shipment is filed to the AES, a system response message is generated and indicates whether the shipment has been accepted or rejected. If the shipment is accepted, the AES filer receives an Internal Transaction Number (ITN) as confirmation. However, if the shipment is rejected, a Fatal Error notification is received.
 
To help you resolve AES Fatal Errors, here are some tips on how to correct the most frequent errors that were generated in AES for this month.
 
Fatal Error Response Code: 138
 
  – Narrative: Port of Unlading Missing
  – Reason: The Port of Unlading Code is missing. All vessel shipments, and any air shipments between the United States and Puerto Rico must provide a Port of Unlading Code.  
  – Resolution: The Port of Unlading Code is the foreign port where the exported merchandise is unloaded from the exporting carrier. Report a valid Port of Unlading Code for all vessel shipments, and any air shipments between the United States and Puerto Rico. Verify the Port of Unlading Code, correct the shipment and resubmit.
 
Fatal Error Response Code: 561
 
  – Narrative: DDTC License Number Unknown
  – Reason: The License Code/ License Exemption Code reported requires a Department of State/ Directorate of Defense Trade Controls (DDTC) license number, but the DDTC license number reported is unknown in AES.
  – Resolution: The DDTC license number reported must be valid in AES. Verify the DDTC license number, correct the shipment and resubmit.   For further assistance, contact the licensing agency. The Department of State/ Directorate of Defense Trade Controls / DDTC Help Desk can be reached on 202-663-2838.
 
For a complete list of Fatal Error Response Codes, their reasons, and resolutions, see Appendix A – Commodity Filing Response Messages.
 
It is important that AES filers correct Fatal Errors as soon as they are received in order to comply with the Foreign Trade Regulations. These errors must be corrected prior to export for shipments filed predeparture and as soon as possible for shipments filed postdeparture but not later than five calendar days after departure.
 
For further information or questions, contact the U.S. Census Bureau’s Data Collection Branch.
 
  – Telephone: (800) 549-0595, select option 1 for AES
  – Email: askaes@census.gov
  – Online: www.census.gov/trade
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(Source:
The White House, 19 March 2018.)
 
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code,
 
I, DONALD J. TRUMP, President of the United States of America, in order to take additional steps with respect to the national emergency declared in Executive Order 13692 of March 8, 2015, and relied upon for additional steps taken in Executive Order 13808 of August 24, 2017, and in light of recent actions taken by the Maduro regime to attempt to circumvent U.S. sanctions by issuing a digital currency in a process that Venezuela’s democratically elected National Assembly has denounced as unlawful, hereby order as follows:
 
Section 1.
  (a) All transactions related to, provision of financing for, and other dealings in, by a United States person or within the United States, any digital currency, digital coin, or digital token, that was issued by, for, or on behalf of the Government of Venezuela on or after January 9, 2018, are prohibited as of the effective date of this order.
  (b) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the effective date of this order.
 
Sec. 2.
  (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited.
  (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited.
 
Sec. 3. For the purposes of this order:
  (a) the term “person” means an individual or entity;
  (b) the term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization;
  (c) the term “United States person” means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches of such entities), or any person within the United States; and
  (d) the term “Government of Venezuela” means the Government of Venezuela, any political subdivision, agency, or instrumentality thereof, including the Central Bank of Venezuela and Petroleos de Venezuela, S.A. (PdVSA), and any person owned or controlled by, or acting for or on behalf of, the Government of Venezuela.
 
Sec. 4. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including promulgating rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to implement this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions to other officers and executive departments and agencies of the United States Government. All agencies of the United States Government shall take all appropriate measures within their authority to carry out the provisions of this order.
 
Sec. 5. For those persons whose property and interests in property are affected by this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 13692, there need be no prior notice given for implementation of this order.
 
Sec. 6. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
 
Sec. 7. This order is effective at 12:15 p.m. eastern daylight time on March 19, 2018.
 
DONALD J. TRUMP
* * * * * * * * * * * * * * * * * * * * 

 
Regulations:
* Council Implementing Regulation (EU) 2018/413 of 16 March 2018 implementing Article 12 of Regulation (EU) No 356/2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia
 
Decisions:
* Council Implementing Decision (CFSP) 2018/417 of 16 March 2018 implementing Decision 2010/231/CFSP concerning restrictive measures against Somalia
* * * * * * * * * * * * * * * * * * * * 

(Source:
UK DIT/EJCU
, 19 Mar 2018.)
 
These documents set out the results of a review required by Article 9 of the Export Control (Eritrea and Miscellaneous Amendments) Order 2011 which implements EU trade sanctions.
The review was designed to establish whether:
 
  – the regulations had achieved their original objectives
  – the regulations’ objectives were still valid
  – the regulations were still required, or could be improved to reduce the burden on business and its overall costs
 
This Order will be revoked and replaced when an equivalent instrument is laid under the forthcoming Sanctions and Anti-Money Laundering Act.
* * * * * * * * * * * * * * * * * * * * 

 
As part of our continual efforts to enhance global supply chain security and facilitate the movement of legitimate goods, Singapore Customs has signed Mutual Recognition Arrangement (MRA) on Authorised Economic Operator (AEO) with seven partner customs administrations since 2010.
 
Under these MRAs, Singapore Customs will recognise the AEO companies under these partner customs administrations’ supply chain security programmes as being of lower risk and thus facilitate the clearance of goods that are exported to or imported from these companies. Our partner Customs administrations will likewise recognise Singapore’s Secure Trade Partnership-Plus (STP-Plus) companies as being of lower risk, and thus be able to enjoy a higher level of facilitation.
 
Under the Japan-Singapore MRA, which has been operational since 1 Aug 2011, Japan’s AEO companies are currently using a 12-character alpha-numeric AEO code. With effect from 1 Apr 2018 (Sun), Japan’s AEO codes will be changed to 17 numeric characters.
 
To ensure that the goods imported from or exported to Japan AEO companies continue to enjoy MRA benefits, any Singapore importer importing from Japan AEO exporters or any Singapore exporters exporting to Japan AEO importers are reminded to obtain the new 17-digit Japan AEO codes from their Japan counterparts, and enter the new Japan AEO codes during import or export permit application in TradeNet®.
 
Reminder on Proper Declaration of AEO Information
 
In addition, we would also like to remind companies importing from or exporting to Canada, Republic of Korea, Japan, People’s Republic of China, Taiwan, Hong Kong Special Administration Region of the People’s Republic of China and United States to remember to obtain and declare the respective AEO / C-TPAT / STP / STP- Plus codes during permit application in TradeNet®, if they are:
 
  (a)  granted Singapore Customs’ STP or STP-Plus certification;
  (b)  importing from AEO exporters located in Canada, Republic of Korea, Japan, People’s Republic of China, Taiwan, Hong Kong Special Administration Region of the People’s Republic of China and United
States; and/or
  (c)  exporting to AEO importers located in Japan, Taiwan and Hong Kong
Special Administration Region of the People’s Republic of China.
 
The format for declaration of the AEO / C-TPAT / STP / STP-Plus codes in TradeNet® is as follows:
 
Declaration Field
Information to be declared
Customs Procedure Code (CPC)
AEO
Processing Code 1 (PC 1)
Either CA, KR, JP, CN, TW, HK or US
Processing Code 2 (PC 2)
AEO / C-TPAT / STP / STP-Plus codes
 
Details on our STP programme and MRA can be found at: https://www.customs.gov.sg > Business > Customs’ Schemes, Licences & Framework > STP & STP-Plus.
 
For further enquiries and clarifications, please email us at customs_schemes@customs.gov.sg.
* * * * * * * * * * * * * * * * * * * * 

NWSNEWS

NWS_a1
11. National Defense Magazine: “Export Control Reform at Risk of Reversals”
(Source: National Defense Magazine, 16 Mar 2018.)
 
A combination of a volatile White House, new leadership at the State Department and concerns in Congress that China is after the jewels of U.S. technology may reverse the last eight years of reforms to the U.S. export control regime.
 
  “Let’s just say there is a tweet that comes from the White House that says, ‘Obama gave away all our best space technology,'” posited John Ordway, a partner at Berliner, Corcoran & Rowe LLP.
 
  “One of my concerns is that there could be a tightened licensing process or perhaps even a rollback of export control reform,” he said March 15 at the Satellite 2018 conference in Washington, D.C.
 
Reforming the International Traffic in Arms Regulations began in the Obama administration with the three main departments involved – State, Commerce and Defense – methodically re-examining the categories of items that could be considered weapons and therefore in need of special approvals and licenses to export.
 
The years-long process moved many items off the more restrictive U.S. munitions list (USML) – which required State Department’s bureau of industry and security approvals, along with input from the Defense Department – to the less restrictive Commerce Department’s Export Administration Regulations. The ultimate goal of the regime is to keep sensitive military items, data and knowledge out of the hands of potential adversaries.
 
The president by himself couldn’t reverse the policy with a simple tweet, said Tony Dearth, acting managing director of the State Department’s office of defense trade controls. However, if he asked the National Security Council and National Economic Council to convene on the matter, they could give directives.  
“We comply accordingly. We just don’t do things on our own merit,” Dearth said.
 
Meanwhile, a law enacting certain export controls was supposed to be reauthorized in 2001, but wasn’t, meaning the it “has never been comprehensively reformed since its creation in the Cold War,” said Rep. Ed Royce, R-Calif., chairman of the House Foreign Affairs Committee, in a hearing on Capitol Hill March 14.
 
He, along with committee ranking member Rep. Eliot Engel, D-N.Y., introduced bipartisan legislation, the Export Control Reform Act of 2018, which would “repeal the expired and Cold War-era Export Administration Act of 1979 and replace it with a modern statutory authority to regulate ‘dual-use’ items,” Royce said in a statement.
 
The current EAA authorizes the president to establish export licensing mechanisms for items detailed on the Commerce Control List, and it provides some guidance and places certain limits on that authority, according to the Congressional Research Service.
 
  “Under our approach, modernized U.S. export control laws and regulations will continue to have broad authority, governing the transfer of less-sensitive military and dual-use items and technology to foreign persons, whether that transfer takes place abroad or here in the U.S,” Royce said.
 
The hearing also looked at the Committee on Foreign Investment in the United States, which has the authority to review and investigate the acquisition of U.S. companies by foreign investors in order to prevent sensitive technologies from leaving the United States. CFIUS March 13 announced that it was reviewing the controversial $117 billion bid on the part of Singapore-based Broadcom for U.S. based Qualcomm, the maker of semiconductors.
 
Lawmakers at the hearing generally took a protectionist stance, expressing alarm at Chinese theft and acquisition of U.S. technologies and know-how in a variety of industries.
 
Meanwhile, the Commerce and State Departments continue to update the U.S. Munitions List. Dennis Krepp, director of the sensors and aerospace division at the Commerce’s office of national security and technology transfer controls, said reform is basically over, and in its place is a process where each category is looked at every two to three years.
 
  “We are doing what we said we would do which is trying to do an ongoing review of USML categories now versus not doing them for years and years and years,” Krepp said.
 
A change in leadership after the firing of Secretary of State Rex Tillerson means there will be a period of adjustment, said Dearth. That is always the case with new leadership, who has to be educated about export control reform. Lately, big cases deemed important by members of Congress are approved at the highest levels of the department, he added.
 
Fred Shaheen, chief counsel of global trade controls at The Boeing Co., said after reform “it’s a better world.” But he wondered about the next phase. “It is a big question mark for industry.”  
“A lot of gas has dripped out of the engine of reform, as a general matter,” he said.
 
It took a while for Commerce leadership to be put in place and the State Department is “still a work in progress,” Shaheen said. “Industry is waiting to partner to help with what the next step is.”
 
Meanwhile, he questioned whether the export control regime could keep pace with the development of technology. “It has always been a challenge for the regulator, for the legislators, for industry to work with regs and keep up with the change in technology.”
 
Nobody thinks export control reform is done. “It’s glass half full,” Shaheen said. “We really want to see export control reform- writ large – not rejuvenated, but to keep going,” he said. It’s not “mission accomplished,” he added.
 
Dearth replied: “I’m not sure what more the industry actually hopes to squeeze out of this rag.”
 
For example, prior to reform, the State Department issued 5,000 export licenses per year in the space systems category. That was due to onerous restrictions placed by Congress on commercial satellites, which it considered to be a military item. Now that they are back under Commerce jurisdiction, State did about 500 last year, and this year is on pace for only 300, Dearth said.
 
The restrictions on commercial satellites were in place for some 14 years and did a lot of damage to industry, Shaheen and several others pointed out.
 
Another factor that may shape export control in this sector is the Trump administration’s newly formed National Space Council. Its leaders have said they will be looking at exports and reporting their findings January 2019, said John. R. Shane, a partner at Wiley Rein LLP.
 
  “With this administration, which is looking to reduce regulations on many fronts … there is an opportunity with the space council for industry to voice its concerns,” he said.

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NWS_a2
12. ST&R Trade Report: “Pilot Test of Blockchain for NAFTA/CAFTA-DR Certifications Could be Launched This Year”
 
U.S. Customs and Border Protection is planning to launch this year a pilot test of the use of blockchain technology for the certifications of origin used to qualify goods for preferential treatment under NAFTA and CAFTA-DR. CBP is also moving forward with a pilot test for the automation of carnets and is considering a similar initiative for NOAA form 370, the fisheries certificate of origin, which is used to declare the dolphin-safe status of all imported frozen and processed tuna products.
 
A blockchain essentially functions as a distributed ledger that records transactions in a verifiable and permanent way. Blockchain records are transparent to all who have access to the network (though specific documents in those records, such as certificates of origin, are not) but are decentralized across that network, making them virtually incorruptible. This security has made blockchain a promising technology for recording a wide range of activities, including customs and trade-related transactions.
 
Following a two-day Department of Homeland Security workshop last fall, CBP met with members of the trade community in January to further refine requirements for the use of blockchain in the three use cases identified above. Participants in follow-up discussions were asked to provide the following information related to each use case: current state of operations, forms, and workflow; future state of operations, focused on how blockchain would alter the current state; and metrics to demonstrate success. Based on this information, NAFTA/CAFTA-DR certifications and carnets were identified as the best candidates for a blockchain pilot.
 
To meet the goal of launching a blockchain pilot in 2018, CBP will conduct user story refinement sessions and establish a timeline and milestones for delivery. The Commercial Customs Operations Advisory Committee’s Emerging Technologies Working Group will be leveraged to support follow-on actions.  

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NWS_a3
13. Washington Post: “Russian Described as Gun Developer for Kalashnikov Charged in Las Vegas Sting”
(Source: Washington Post, 16 Mar 2018.) [Excerpts.]
 
A Russian citizen described as a gun developer for Kalashnikov Concern, that country’s famed maker of assault rifles and a company under U.S. sanctions, is expected to plead guilty to a federal charge of attempting to violate U.S. export controls, according to court filings.
 
Evgeny Viktorovich Spiridonov, 39, of Moscow, was arrested Jan. 27 at Los Angeles International Airport after leaving a major gun show in Las Vegas and attempting to board a flight for the Russian capital, according to court records.
 
He had ordered a $2,400 restricted advanced tactical rifle scope from a Pennsylvania gun dealer, according to the filings. U.S. investigators learned of the sale from the dealer and interceded, staging a controlled delivery of the scope to Spiridonov’s Las Vegas hotel, the filings said. …

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COMMCOMMENTARY

COMM_a01
14. A. Witt: “Non-official Translation: German Preliminary Information on the Extension and Amendment of General Export Licenses Nr. 12 to Nr.27 as of 1 Apr 2018. (Bundesamt für Wirtschaft und Ausfuhrkontrolle, BAFA, 13 Mar 2018)”
(Source: Full Circle Compliance, 19 Mar 2018)
 
* Author: Alexander Witt, Associate, Full Circle Compliance, awitt@fullcirclecompliance.eu, +31 (0) 6 154 50 434.
 
BAFA intends to extend and amend General Licenses Nr. 12 to Nr. 27. The original source in German can be found
here.
 
Below is information on the extension and amendments, if applicable, of General Licenses Nr. 12, Nr. 13, Nr. 14, Nr. 16, Nr. 17, Nr. 18. Nr. 19, Nr. 20, Nr. 21, Nr. 22, Nr. 23, Nr. 24, Nr. 25, Nr. 26, as well as Nr. 27:
 
General Licenses for the export of dual-use goods listed in Annex 1 of the EU Dual-Use Regulation (Council Regulation (EC) Nr. 428/2009) as well as non-sensitive deals with Iran
 
Extension of validity period
General Licenses Nr. 12, Nr. 13, Nr. 14, Nr. 16, Nr. 17 and Nr. 30 will be extended until 31 Mar 2019.
 
Changes to content
In addition to minimal editorial changes, the following changes to the content are intended:
 
General License Nr. 12
Regarding the list of permitted destinations, Venezuela is removed from Point 5. The removal does not result in any changes to the content of the license since Venezuela is subject to an arms embargo within the meaning of Art. 4, Section 2 of the EU Dual-Use Regulation and for this reason is already excluded from the list of permitted destinations.
 
No further changes to the content.
 
General License Nr. 13
The reasons for the non-applicability of the license in Point 3.2 of General License Nr. 13 is extended to include military usage as described in General License Nr. 12, as long as it does not concern exports by EU agencies and offices, or by EU Member States for the performance of official duties, or exports of foreign armies based on the customs territory of the EU, or the export by order of the German Federal Armed Forces to the Federal Armed Forces (Case group 4.8, 4.9 and 4.11 of the General License Nr. 13).
 
In addition, General License Nr. 13 will be extended by another case group to promote exports in the framework of research missions by non-profitable organizations and associations, as long as the goods are used during the research mission and not transferred to third parties.
 
Furthermore, Venezuela is removed from Point 5 of the list of permitted destinations. The removal does not result in any changes to the content of the license since Venezuela is subject to an arms embargo within the meaning of Art. 4, Section 2 of the EU Dual-Use Regulation and for this reason is already excluded from the list of permitted destinations.
 
General License Nr. 14
No changes to the content.
 
General License Nr. 16
 
Regarding the list of permitted destinations, Venezuela is removed from Point 5. The removal does not result in any changes to the content of the license since Venezuela is subject to an arms embargo within the meaning of Art. 4, Section 2 of the EU Dual-Use Regulation and for this reason is already excluded from the list of permitted destinations. No further changes to the content apply.
 
General License Nr. 17
No changes to the content of General License apply. A short-term extension of the reasons for the non-applicability of the license regarding known military usages (Point 3.2, first dash) is probable.
 
General License Nr. 30
General License Nr. 30 is also extended until 31 Mar 2019. No changes to the content.
 
General Licenses for the export, transfer, trafficking and brokering services of defense-related goods listed in Part 1, Section A of the Export List (Ausfuhrliste, AL)
 
Extension of validity period
General Licenses Nr. 20, Nr. 21, Nr. 22, Nr. 24 and Nr. 26 will be extended until 31 March 2019.
 
General Licenses Nr. 18, Nr. 19, Nr. 23, Nr. 25 and Nr. 27 will initially be extended until 31 May 2018 due to an upcoming coordination process. Continued extension of the validity period is intended until 31 March 2019 and will be carried out after the coordination process.
 
Changes to the content of General Licenses for defense-related goods (Nr. 18 to Nr. 27)
 
General License Nr. 18
The list of permitted goods of General License Nr. 18 will be extended to include infrared signature suppressing clothing of number 0017h, Part 1, Section A, Export List (AL). The permission will be valid as of 1 Apr 2018 as long as the clothing is coated or treated with infrared signature suppression ranging between 650nm and 2.500 nm (previously 2000nm). To be clear and to avoid misunderstandings, the clothing always needs to be covered with a multi-color camouflage print. Changes do not apply to the content in view of this clarification.
 
Regarding the list of permitted destinations, Venezuela is removed from Point 5. The removal does not result in any changes to the content of the license since Venezuela is listed in §74, Section 1, (Foreign Trade and Payments Ordinance, Außenwirtschaftsverordnung, AWV) and is therefore excluded from the list of permitted destinations.
 
General License Nr. 19
No changes currently to the content of General License Nr. 19.
 
General License Nr. 20
As a member of the European Economic Area (EEA), Iceland can be added to the list of permitted destinations.
 
General License Nr. 21
As of 1 April 2018 , the list of permitted goods of General License Nr. 21 will be extended to include the export and transfer of technology and software in number 0021a and 0022a, Part 1, Section A, Export List (AL), as long as the software and technology is required for the usage and maintenance of goods of number 0013, Part 1,Section A, Export List (AL).
 
General License Nr. 22
As members of the European Economic Area (EEA), Iceland and Norway can be added to the list of permitted destinations.
 
General License Nr. 23
Regarding the list of permitted destinations, Venezuela is removed from Point 5. The removal does not result in any changes to the content of the license since Venezuela is named in §74 Section 1 AWV and is therefore excluded from the list of permitted destinations.
 
General License Nr. 24
As of 1 Apr 2018, the permitted goods list of General License Nr. 24 will be extended to include the temporary export or transfer of defense-related goods listed in Part 1, Section A of the Export List (AL), as long as by order of the exporter these goods are incorporated into other goods, or modified in any other way and later incorporated, modified or unmodified, into an entirely new good, and re-imported within a period of six months. The hitherto existing case group of number 4.1b is extended accordingly and case group number 4.1e is nullified.
 
General License Nr. 25
Regarding the list of permitted destinations, Venezuela is removed from Point 5. The removal does not result in any changes to the content of the license since Venezuela is named in §74 Section 1 AWV and is therefore excluded from the list of permitted destinations. As a member of the European Economic Area (EEA), Iceland can be added to the list of permitted destinations.
 
 
General License Nr. 26
The case group of number 4.1c of General License Nr. 26 is extended to the effect that as of 1 Apr 2018, exports and transfers to multiple destinations are permitted, as long as the exporter or transferor is fully aware that the end-user or a contractual partner of the end-user transfers the goods, modified or unmodified, on behalf of the armed forces of a Member State, of Iceland or of Norway. The hitherto existing requirement that merely a private end-user can be involved is thus extended.
 
General License Nr. 27
To align the list of permitted goods of General License Nr. 27 with the recommendations of the European Commission for the harmonization of the General License for Certified End-Users, the list of permitted goods is slightly extended. The list is extended by goods listed in numbers 0009d, 0010c1, c2, c3, 0011a (pursuant to note g) and j)), 0015b, c, d, as well as 0017a, b, d, e, j, k, l, m, n, o, p and 0021b4, Part 1, Section A, Export List (AL). Goods listed on the War Weapons list will continue to not be promoted.

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

(Source:
Volkov Law Group Blog, 18 Mar 2018. Reprinted by permission.)
 
* Author: Michael Volkov, Esq., Volkov Law Group, mvolkov@volkovlaw.com, 240-505-1992.
 
Companies continue to face significant risks from their third parties.  In response, companies are implementing sophisticated due diligence and third party risk management systems.  FCPA enforcement risks are only one of several risks created by a company’s third parties.  Companies have to screen and review their third parties for corruption, sanctions, money laundering, antitrust, human trafficking, child labor and reputational risks.
In this three-part series, Michael Volkov describes the law and enforcement risks, basic requirements for a third-party management system, and a problem-solving approach to difficult third-party risk issues.
 

  – In Part I, Michael Volkov discussed the law and government expectations for a third-party risk management system.
  –
In Part II, Michael Volkov discussed the building blocks for an effective due diligence system.
  –
In Part III, Michael Volkov discusses solutions to common due diligence problems.

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

COMM_a3
16. T. Murphy: “Section 232 Duties on Steel & Aluminum — Process for Product Exclusions”
(Source: Author, 18 Mar 2018.)
 
* Author: Ted Murphy, Esq., Baker & McKenzie LLP, ted.murphy@bakermckenzie.com, +1202-452-7069.
 
The Department of Commerce today published procedures for (i) requesting product-based exclusions from the section 232 duties on steel and aluminum, and (ii) objecting to such requests, in tomorrow’s Federal Register (an advance copy of the Federal Register notice is attached here).  Any company potentially interested in seeking an exclusion for one or more articles covered by the section 232 duties should review the notice.  In particular, there are a number of key items worth noting:

   (1) exclusion petitions may be submitted only by “individuals or organizations using [steel or aluminum] articles . . . in business activities . . . in the United States”;

 
  (2) objections to exclusion petitions may be submitted by “any individual or organization in the United States”;
 
  (3) any approved exclusion petitions will be limited to a specific article (unless Commerce specifies a broader exclusion is granted) and to the petitioner (i.e., you cannot generally get the benefit of someone else’s exclusion petition); you can, however, file “follow-on” petitions;
 
  (4) exclusions petitions must be filed electronically, using a specific form created for this purpose; objections must be filed within 30 days of an exclusion petition being filed, also using a specific form; petitions can cover only a single 10-digit Harmonized Tariff Schedule classification; and the review process will generally take 90 days from date of filing; and
 
  (5) approved exclusions will be effective 5 business days after the approval is published; and will “generally” be good for 1 year.
 
Product exclusion petitions will only be approved “if an article is not produced in the United States in a sufficient and reasonably available amount, is not produced in the United States in a satisfactory quality, or for a specific national security consideration.”  We expect that Commerce will approve petitions only sparingly, and primarily for valid national security-related considerations. 
 
Product based exclusions can be filed beginning today, March 19, 2018.  If you are considering doing so, we recommend filing as soon as possible.  That said, it is important that your petition be as well prepared as possible (e.g., consider scope issues, the import data, whether there are any national security implications/allies in the federal government, any likely objections, etc.) to give it the best chance of success. 

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

MSEX/IM MOVERS & SHAKERS

MS_a217. Monday List of Ex/Im Job Openings; 148 Jobs Posted This Week, Including 6 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 (
6 New Jobs
)

* Aerovironment; Simi Valley, CA; Trade Compliance Specialist II; Job ID: 18-017

* Aerovironment; Simi Valley, CA;
Trade Compliance Director; Job ID: 18-018

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

* 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

* 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;
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

* Dorman Products; Colmar, PA; Global Trade Compliance Specialist;
*
 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; 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; Import Export Supervisor;

* Emerson; Mexico City, Mexico; Export and Trade Compliance Analyst; Requisition ID: 18001203
* 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; 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
;
# Floor and Decor; Smyrna, GA; Customs Compliance Manager;
* Full Circle Compliance; Bruchem, Netherlands;
Legal Analyst, Manager

* FusionStorm; Newark, CA; Trade Compliance Specialist; Requisition ID: 2018-2350
* Garmin; Olathe, Kansas; International Trade Compliance Specialist; Requisition ID: 1800006

*
 General Atomics; San Diego, CA; 
Internship, Import/Export, Summer 2018
; Requisition ID: 15731BR 

# General Dynamics; Fairfax, VA; Export Policy Analyst; Job ID: 2018-36089 
# General Dynamics; Arlington, VA; Analyst, Export Control; Job ID: 2018-36963

General Motors; Pontiac, MI; 
GM Defense Sub Export Compliance Officer (Full Time or Flex time)
; Requisition ID: GPS0003372
* 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
* Gilead Sciences; Foster City, CA; Manager, Global Trade Compliance; R0001742
* 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;

* Hubbell, Incorporated; Greenville, SC; Export Compliance Specialist;
* Hubbell, Incorporated; Shelton, CT; Export Compliance Specialist;
* Hubbell, Incorporated; Centralia, MO; Export Compliance Specialist;
* Honda of America Manufacturing; Marysvile, OH;
Import Specialist

* 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;

* 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

* KPMG U.S.; San Francisco, CA; Associate, Trade & Customs;

* 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; Arlington, VA; Export Licensing Staff
Requisition ID 419903BR
* 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

* MTS Systems; Eden Prairie, MN;
Global Trade Compliance Manager; Requisition ID: 37841
* NORDHAM; Tulsa, OK;
Global Trade Compliance Manager; Requisition ID: 14080BR
* Northrop Grumman; Herndon, VA;
Manager, International Trade Compliance 2
Requisition ID
:
 
17022803

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

* Office of the Director of National Intelligence; McLean, VA;
Associate General Counsel;
* 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

* 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 

# REDCOM Laboratories; Victor NY;  
Director of Trade Compliance; Contact 
Chad Boehly

* 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; 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 

* Tenneco, Inc.; Lake Forest, IL;
Americas Global Trade Compliance Manager; Requisition ID: 178693-846

* Tenneco, Inc.; Lake Forest, IL; Customs & Trade Compliance Coordinator; Requisition ID: 178353-846
* Textron; Hunt Valley, MD;
Senior Manager – Export Compliance;

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

* 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

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

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

* Trek; Waterloo, WI; Global Trade & Logistics Specialist;

# United Technologies Corp, Pratt & Whitney; East Hartford, CT;
International Trade Compliance Technology Manager; Requisition ID: 51863BR
 

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

hrads@lasp.colorado.edu
; Requisition ID: 12298
* 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
* Williams International; Pontiac, MI; Trade Compliance Specialist; Requisition ID: 17-0275

* World Wide Technology; Hong Kong;
Trade Compliance Specialist; Requisition ID: 005

* World Wide Technology; Edwardsville, IL; International Trade Compliance Specialist; Requisition ID: 6110
*
Xylem, Inc.; Remote, United States;
Manager, Global Ethics & Compliance
;

* Zeiss Group; Thornwood, NY;
Trade Compliance Specialist;

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

TEEX/IM TRAINING EVENTS & CONFERENCES

* What: Jurisdiction and Classification: Handling CJ’s, CCATS, Self-Determinations, and Creating JCA Systems
* When: May 2, 2018; 1:00 p.m. (EDT)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker: Christopher Stagg
* Register: Here or Danielle Hatch, 540-433-3977, danielle@learnexportcompliance.com.
* * * * * * * * * * * * * * * * * * * *

ENEDITOR’S NOTES

 
John Updike (John Hoyer Updike (18 Mar 1932 – 27 Jan 2009; was an American novelist, poet, short story writer, art critic, and literary critic. One of only three writers to win the Pulitzer Prize for Fiction more than once (the others were Booth Tarkington and William Faulkner), Updike published more than twenty novels, more than a dozen short-story collections, as well as poetry, art and literary criticism, and children’s books during his career. His most famous work is his “Rabbit” series: the novels Rabbit, Run; Rabbit Redux; Rabbit Is Rich; Rabbit at Rest; and the novella Rabbit Remembered).
  – “Celebrity is a mask that eats into the face.”
 
* William Jennings Bryan (18 Mar 1860 – 26 Jul 1925; was an American orator and politician from Nebraska. Beginning in 1896, he emerged as a dominant force in the Democratic Party, running three times as the party’s nominee for President of the United States. He also served in the United States House of Representatives and as the United States Secretary of State under Woodrow Wilson.  He opposed Darwinism on religious and humanitarian grounds, most famously at the Scopes “Monkey Trial” in 1925 in Tennessee. Five days after the conclusion of the Scopes case, which he won, Bryan died in his sleep.)
  – “The way to develop self-confidence is to do the thing you fear and get a record of successful experiences behind you.”
 
Monday is Punday:
 
* Q. What did the left eye say to the right eye?
   A. Between you and me, something smells.
 
* Q. Why did the cowboy buy a dachshund?
   A. He wanted to get a long little doggie.

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

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

The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register.  The latest amendments to applicable regulations are listed below.
 
*
ATF ARMS IMPORT REGULATIONS
: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War
  – Last Amendment: 15 Jan 2016: 81 FR 2657-2723: Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect To Making or Transferring a Firearm. 
 
*
CUSTOMS REGULATIONS
: 19 CFR, Ch. 1, Pts. 0-199
  – Last Amendment: 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: 19 Mar 2018:
83 FR 11876-11881: Inflation Adjustment of Civil Monetary Penalties 

 
*
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 (16 March 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 approximately 250 footnotes containing case annotations, practice tips, Census/AES guidance, and explanations of the numerous errors contained in the official text. Subscribers receive revised copies in Microsoft Word every time the FTR is amended. The BAFTR is available by annual subscription from the Full Circle Compliance websiteBITAR subscribers are entitled to a 25% discount on subscriptions to the BAFTR. Government employees (including military) and employees of universities are eligible for a 50% discount on both publications at www.FullCircleCompiance.eu.  
 
*
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: 14 Mar 2018: Harmonized System Update 1803, containing 449 ABI records and 92 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_a0321
Weekly Highlights of the Daily Bugle Top Stories

(Source: Editor) 

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

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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.

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* 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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