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18-0417 Tuesday “Daily Bugle”

18-0417 Tuesday “Daily Bugle”

Tuesday, 17 April 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. DHS/CBP Revises and Extends Information Collection Activities Concerning Entry/Immediate Delivery Application and ACE Cargo Release 
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. DHS/CBP Releases Drawback CATAIR and Error Dictionary Update
  4. DHS/CBP Releases Harmonized System Update 1805
  5. State/DDTC: (No new postings.)
  6. Australia Amends Defense and Strategic Goods List
  7. German BAFA Issues Export Control Newsletter
  8. UK House of Commons Defense Committee Releases Report Concerning North Korea
  1. McClatchy DC Bureau: “Gunmakers, with Sales Slumping at Home, Ready for Eased Export Rules”
  2. Reuters: “U.S. Ban on Sales to China’s ZTE Opens Fresh Front as Tensions Escalate”
  3. Space News: “Companies Look to Trump Administration to Further Ease Export Rules for Space Technology”
  4. South China Morning Post: “Timeline: How did China’s Largest Listed 5G Phone Equipment Maker Land Itself in Hot Water?”
  1. A. Smith, J.A. Lee & C. Timura: “Trump Administration Imposes Unprecedented Russia Sanctions” (Part II of II)
  2. R.C. Thomsen II, A.D. Paytas, & M.M. Shomali: “BIS Activates ZTE’s Denial Order”
  3. Gary Stanley’s EC Tip of the Day
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: ATF (15 Jan 2016), Customs (12 Apr 2018), DOD/NISPOM (18 May 2016), EAR (5 Apr 2018), FACR/OFAC (19 Mar 2018), FTR (20 Sep 2017), HTSUS (16 Apr 2018), ITAR (14 Feb 2018) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1. DHS/CBP Revises and Extends Information Collection Activities Concerning Entry/Immediate Delivery Application and ACE Cargo Release

(Source: 
Federal Register, 17 Apr 2018.) [Excerpts.]
 
83 FR 16895-16896: Agency Information Collection Activities: Entry/Immediate Delivery Application and ACE Cargo Release
 
* AGENCY: U.S. Customs and Border Protection (CBP), Department of Homeland Security.
* ACTION: 60-Day Notice and request for comments; revision and extension of an existing collection of information.
* SUMMARY: The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted (no later than June 18, 2018) to be assured of consideration. … 
* SUPPLEMENTARY INFORMATION: … 
 
Overview of This Information Collection
  – Title: Entry/Immediate Delivery Application and ACE Cargo Release.
  – OMB Number: 1651-0024.
  – Form Number: 3461 and 3461 ALT.
  – Current Actions: This submission is being made to extend the expiration date with a change in the data collected. There is an increase to the annual burden hours based on updated agency estimates. Since the last OMB Renewal there have been two submissions for a Non-Substantive Change for this information collection. The Non-Substantive Changes made are the following:
  (1) Change one submitted on February 22, 2018: CBP is submitting this Non-Substantive Change to OMB to reflect a change in the Harmonized Tariff Schedule (HTS) which is maintained by the U.S. International Trade Commission (USITC). HTS data is provided to CBP at entry.
  Effective February 7, 2018, the following changes to the Harmonized Tariff Schedule for units of quantity reporting will take effect:
  For HTS 8450.90.20 and 8450.90.60, certain parts of washing machines, the new unit of quantity will be “No.” instead of “X”.
  For HTS 8541.40.6030, solar cells, a second unit of quantity, “W” (for total wattage), will be added.  For statistical reporting purposes under subheading 8541.40.6030, importers should report the total watts at maximum power based on standard test conditions according to the latest revision of International Electrotechnical Commission (IEC) 60904, “Photovoltaic Devices.”
  These modifications will take effect as announced in Presidential Proclamations 9693 (83 FR 3541) and 9694 (83 FR 3553), of January 23, 2018. … 
  (2) Change two submitted on March 19, 2018: CBP is submitting this Non-Substantive change to reflect an adjustment in ACE Cargo due to U.S. Department of Commerce Bureau of Industry and Security (BIS) for Procedures for Submitting Requests for Exclusions from the Section 232 National Security Adjustments of Imports of Steel and Aluminum information collection. Importers who have submitted for exclusion from Section 232 shall submit the BIS exclusion number in the additional importer declaration field. This collection is authorized by 15 CFR 705, available 
here.
  – Type of Review: Extension and Revision (with change)
  – Abstract: All items imported into the United States are subject to examination before entering the commerce of the United States. There are two procedures available to effect the release of imported merchandise, including “entry” pursuant to 19 U.S.C. 1484, and “immediate delivery” pursuant to 19 U.S.C. 1448(b). Under both procedures, CBP Forms 3461, Entry/Immediate Delivery, and 3461 ALT are the source documents in the packages presented to Customs and Border Protection (CBP). The information collected on CBP Forms 3461 and 3461 ALT allow CBP officers to verify that the information regarding the consignee and shipment is correct and that a bond is on file with CBP. CBP also uses these forms to close out the manifest and to establish the obligation to pay estimated duties in the time period prescribed by law or regulation. CBP Form 3461 is also a delivery authorization document and is given to the importing carrier to authorize the release of the merchandise. … 
  ACE Cargo Release is a program for ACE entry summary filers in which importers or brokers may file Simplified Entry data in lieu of filing the CBP Form 3461. This data consists of 12 required elements: Importer of record; buyer name and address; buyer employer identification number (consignee number), seller name and address; manufacturer/supplier name and address; Harmonized Tariff Schedule 10-digit number; country of origin; bill of lading; house air waybill number; bill of lading issuer code; entry number; entry type; and estimated shipment value. Three optional data elements are the container stuffing location; consolidator name and address, and ship to party name and address. The data collected under the ACE Cargo Release program is intended to reduce transaction costs, expedite cargo release, and enhance cargo security. ACE Cargo Release filing minimizes the redundancy of data submitted by the filer to CBP through receiving carrier data from the carrier. This design allows the participants to file earlier in the transportation flow. Guidance on using ACE Cargo Release may be found 
here. … 
  Dated: April 12, 2018.
Seth D Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.

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

OGSOTHER GOVERNMENT SOURCES

OGS_a12. Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)

* Commerce/BIS; NOTICES; Export Privileges; Denials:
Erdal Kuyumcu [Publication Date: 18 Apr 2018; item included in the Daily Bugle of 11 Apr 2018.]

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

OGS_a23. 
Commerce/BIS: (No new postings.)
(Source: 
Commerce/BIS)

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

OGS_a34. DHS/CBP Releases Drawback CATAIR and Error Dictionary Update

(Source: 
CSMS# 18-000286, 17 Apr 2018.) 
 
An updated Drawback CATAIR and Error Dictionary have been posted to CBP.GOV at the following locations:
 
  – Drawback CATAIR (
here)
  – Drawback Error Dictionary (
here)
 
The changes outlined are available in CERT and PROD. 

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

OGS_a4
5.
DHS/CBP Releases Harmonized System Update 1805 

(Source: 
CSMS# 18-000287, 17 Apr 2018.) [Excerpts.]
 
Harmonized System Update (HSU) 1805 was created on April 16, 2018 and contains 267 ABI records and 60 harmonized tariff records.
Changes include those made to support ACE validations for Colombia Sugar Certificates of Qualified Entry. LPC code 21 was added to 98220610, 98220615 and 98220801. These modifications were effective on Monday, April 16, 2018. In addition, Participating Government Agency (PGA) indicators were updated. Adjustments required by the verification of the 2018 Harmonized Tariff Schedule (HTS) are included also.

The modified records are currently available to all ABI participants and can be retrieved electronically via the procedures indicated in the CATAIR. …  

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

OGS_a5
6
State/DDTC: (No new postings.)

(Source: 
State/DDTC)

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

(Source: 
Australia DoD/DEC, 17 Apr 2018.)
 
Australia Defense Export Controls (DEC) has published the following notice on its website: 
 
The 
Defense and Strategic Goods List (DSGL) Amendment Instrument 2018 (dated: 21 Mar 2018) includes a total of 99 amendments: 46 are changes which remove or reduce the requirement to obtain an approval prior to export; 30 of the amendments are either new controls or changes to existing controls that result in an expanded scope; and the remaining 23 amendments are clarifications that do not involve a scope change. 
 
Details of these amendments are available in the 
Explanatory Statement.

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

OGS_a78. 
German BAFA Issues Export Control Newsletter
(Source: 
German BAFA, 17 Apr 2018.)
 
German Federal Office for Economic Affairs and Export Control (BAFA) has published the April 2018 Issue of the Newsletter Export Control (in English). 
 
European Union Law/Embargo Measures
 
Belarus
 
With the Council Regulation (EU) 2018/275 of 23 February 2018 [OJ (EU) No. L 54 of 24 February 2018, page 1] amending Regulation (EC) No. 765/2006 concerning restrictive measures in respect of Belarus, the derogations from the ban on export and on technical assistance or related services were expanded to sporting rifles, sporting pistols and ammunition listed in the new Annex V. From now on such transactions may be authorized if the goods concerned are intended exclusively for use in sports events and sports training in accordance with the specifications of the International Shooting Sport Federation.
 
Democratic People’s Republic of Korea
 
The Council Regulation (EU) 2018/285 of 26 February 2018 [OJ (EU) No. L 55 of 27 February 2018, page 1] amending Council Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea expanded the existing measures.  The addition includes inter alia an import ban on further food products, machinery and electrical equipment as well as earth and stone materials from the DPRK as well as an export ban on industrial equipment, machinery, transportation vehicles and industrial metals. Besides this, further maritime restrictive measures were adopted; the new Annex XVIII contains a list of vessels which the Council has reason to believe were involved in activities, particularly the transport of items, prohibited by embargo measures against the DPRK.
  In addition, three persons and one entity were removed from the list of designated persons and entities set out in Annex XV to Regulation (EU) 2017/1509.
  Furthermore, the Council Implementing Regulation (EU) 2018/324 of 5 March 2018 [OJ (EU) No. L 63 of 6 March 2018, page 1] amended the entry related to one person listed in Annex XIII to Regulation (EU) 2017/1509. Besides this the Council Implementing Regulation (EU) 2018/286 of 26 February 2018 [OJ (EU) No. L 55 of 27 February 2018, page 15] amended Annex XIV to Regulation (EU) 2017/1509 listing vessels subject to restrictive measures which are divided into vessels that must be seized and vessels for which access to ports is prohibited.
 
Somalia
 
With the Council Implementing Regulation (EU) 2018/413 of 16 March 2018 [OJ (EU) No. L 75 of 19 March 2018, page 1] 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, two persons were added to the list of persons and entities subject to restrictive measures. Annex I to this Regulation was amended accordingly.
 
Syria
 
With the Council Implementing Regulation (EU) 2018/282 of 26 February 2018 [OJ (EU) No. L 54 of 26 February 2018, page 3] implementing Regulation (EU) No. 36/2012 concerning restrictive measures in view of the situation in Syria, two persons were added, and with the Council Implementing Regulation (EU) 2018/420 of 19 March 2018 [OJ (EU) No. L 75 I of 19 March 2018, page 1] four persons were added to the list of natural and legal persons, entities and bodies subject to restrictive measures contained in Annex II to Regulation (EU) No. 36/2012.
 
Ukraine
 
With the Council Implementing Regulation (EU) 2018/326 of 5 March 2018 [OJ (EU) No. L 63 of 6 March 2018, page 5] implementing the Regulation (EU) No. 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine the entries for two persons were deleted and the statements of reasons for three persons were updated. Annex I of this regulation was amended accordingly.
  With the Council Implementing Regulation (EU) 2018/388 of 12 March 2018 [OJ (EU) No. L 69 of 13 March 2018, page 11] implementing Council Regulation (EU) No. 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, the entries concerning 40 persons and entities subject to restrictive measures were amended in Annex I to Regulation (EU) No. 269/2014. 
 
Central African Republic
 
The Council Implementing Regulation (EU) 2018/325 of 5 March 2018 [OJ (EU) No. L 63 of 6 March 2018, page 3] implementing Article 17 (3) to Regulation (EU) No. 224/2014 concerning restrictive measures in view of the situation in the Central African Republic amended the entries for one person that is subject to restrictive measures and listed in Annex I to that regulation.
In addition, the Council Regulation (EU) 2018/387 of 12 March 2018 [OJ (EU) No. L 69 of 13 March 2018, page 9] amending Regulation (EU) No. 224/2014 amended the exemptions to the arms embargo as well as the criteria for the designation of persons and entities subject to restrictive measures.
 
Al-Qaida and ISIL
 
With the Council Implementing Regulation (EU) 2018/281 of 26 February 2018 [OJ (EU) No. L 54 of 26 February 2018, page 1] implementing the Regulation (EU) 2016/1686 to impose additional restrictive measures directed against ISIL (Da’esh) and Al-Qaida and natural and legal persons, entities and bodies associated with them, one person was added to the list of natural and legal persons, entities and bodies in Annex I to that regulation.
  In accordance with the Commission Implementing Regulation (EU) 2018/349 of 8 March 2018 [OJ(EU) No. L 67 of 9 March 2018, page 28] amending for the 282nd time Regulation (EC) No.881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da´esh) and Al-Qaida organizations, three entries were added to the list of persons, entities and bodies subject to the freezing of funds and economic resources. Annex I to that Regulation (EC) was amended accordingly.
 
Inside BAFA
 
On 1 April 2018 the General Licenses No. 12 to No. 27 and No. 30 were extended and updated as follows:
 
General Licenses for the export of dual-use goods listed in Annex I to Regulation (EC) No. 428/2009 (EC Dual-Use Regulation) and on non-sensitive Iran business transactions
 
Extension of validity: 
  The General Licenses No. 12, No. 13, No. 14, No. 16, No. 17 and No. 30 are extended until 31.03.2019.
 
Amendments of their content:
  Apart from minor editorial modifications, the following amendments of the content are envisaged:
 
General License No. 12:
  With regard to the group of beneficiary countries, the explicit exclusion of Venezuela is to be deleted in figure 5. This does not result in amendments of the content since Venezuela is considered a country subject to the arms embargo within the meaning of Art. 4 (2) of the EC dual-use regulation and is already excluded from beneficiary destinations for this reason.
 
General License No. 13:
  The exclusion under number 3.2 of the General License No. 13 is expanded to all military applications in accordance with the General License No. 12, other than those related to exports by EU authorities and agencies, or EU Member States to perform their official functions, or of exports by foreign armed forces deployed here, or exports on behalf of the federal armed forces (
Bundeswehr) to the federal armed forces (Case groups 4.8, 4.9 and 4.11 of General License No. 13).
  Another case group is added to General License No. 13 to encourage exports within the framework of research missions of non-profit foundations and associations as long as the goods concerned are used on a scientific expedition and are not passed on to third persons. This new group (fig. 4.19) reads as follows as of 01.04.2018: “Goods exported by public law foundations or registered associations for the pursuit of charitable purposes within the meaning of section “Tax-privileged objectives” of the Fiscal Code for the purpose of marine and polar research for use during a research mission, where federal or state ministries of the Federal Republic of Germany are represented in the foundation or registered association and the goods are not passed on to third parties for their own research purposes.”
  Furthermore, the explicit exclusion of Venezuela from the group of beneficiary destinations in figure 5 is to be deleted. This does not result in amendments of the content since Venezuela is considered a country subject to the arms embargo within the meaning of Art. 4 (2) of the EC dual-use regulation and is already excluded from beneficiary destinations for this reason.
 
General License No. 14:
  There are no amendments of the content with regard to General 
License No. 14.
 
General License No. 16:
  With regard to the group of beneficiary countries the explicit exclusion of Venezuela in figure 5 is to be deleted. This does not result in amendments of the content since Venezuela is considered a country subject to the arms embargo within the meaning of Art. 4 (2) of the EC dual-use regulation and is already excluded from beneficiary destinations for this reason.
 
General License No. 17:
  Presently there are no amendments of the content of General License No. 17. However, a short-term expansion of exclusion criteria many not be ruled out in case of well-known military uses in certain countries (figure 3.2. first bullet point).
 
General License No. 30:
  The General License No. 30 is also extended until 31.03.2019. Its content is not changed.
 
General Licenses for the export and transfer of military goods in Part I Section A of the Export List
 
Extension of validity: 
  The General Licenses No. 20, No. 21, No. 22, No. 24 and No. 26 are extended until 31 March 2019.
  The General Licenses No. 18, No. 19, No. 23, No. 25 and No. 27 are only extended until 31.05.2018 due to the continuing need for coordination. However, an extension until 31.03.2019 is intended and possible changes of their content will come into effect as soon as the coordination is completed.
 
Content amendments of the General Licenses for Military Goods (No.18 to No. 27)
 
General License No. 18:
  The scope of application of General License No. 18 is expanded so far as from 01.04.2018 the export and transfer of clothing with signature suppression listed in item 0017h of Part I Section A of the Export List is also privileged if that clothing is coated or treated for signature suppression in the near infrared range of a wavelength of 650 nm to 2,500 nm (instead of 2,000 nm as before). In order to avoid a misunderstanding, it is clarified that the clothing in question must be provided with multi-color camouflage print. This clarification does not result in a modification of the content.
  With regard to the group of beneficiary countries the explicit exclusion of Venezuela in figure 5 is to be deleted. This does not result in amendments of the content since Venezuela is not referred to in section 74 (1) 
AWV and is already excluded from beneficiary destinations for this reason.
 
General License No. 19:
  Presently, there are no amendments of the content of General License No. 19.
 
General License No. 20:
  As a member of the European economic area Iceland may be included in the group of beneficiary destinations.
 
General License No. 21:
  The scope of application of General License No. 21 was expanded, therefore as of 01.04.2018 the export and transfer of technology and software controlled by items 0021a and 0022a of Part I Section A of the Export List is also privileged if the software and technology is required for the use or maintenance of goods listed in items 0013 of Part I Section A of the Export List.
 
General License No. 22:
  As members of the European economic area Iceland and Norway may be included in the group of beneficiary destinations.
 
General License No. 23: 
  With regard to the group of beneficiary countries the explicit exclusion of Venezuela in figure 5 is to be deleted. This does not result in amendments of the content since Venezuela is not referred to in section 74 (1) 
AWV and is already excluded from beneficiary destinations for this reason.
 
General License No. 24:
  The scope of application of General License No. 24 is expanded, therefore the temporary export or transfer of armaments listed in Part I Section A of the Export List is basically privileged as of 01.04.2018 if these goods are integrated into other goods based on the order of an exporter or transferor, or if they were processed in any other way and are re-transferred to German territory in an integrated, processed or unprocessed form as a new product within a period of six months. The previous case group under number 4.1b is extended accordingly and the case group 4.1e is deleted.
 
General License No. 25:
  With regard to the group of beneficiary countries the explicit exclusion of Venezuela in figure 5 is to be deleted. This does not result in amendments of the content since Venezuela is not referred to in section 74 (1) 
AWV and is already excluded from beneficiary destinations for this reason.
  In addition, Iceland as a member of the European economic area may be included in the group of beneficiary destinations.
 
General License No. 26:
  The cases listed under number 4.1c of the General License No. 26 are expanded; therefore, as of 01.04.2018 exports and transfers to several consignees are also privileged if exporter or transferor are positively aware that the consignee concerned or an affiliated company deliver the received goods on behalf of the armed forces of a member state, Iceland and Norway in a processed or unprocessed form to the armed forces of that member state, Iceland of Norway. The previous condition that only a private consignee may be involved is extended therefore.
 
General License No. 27:

  In order to adjust the goods covered by General License No. 27 to the recommendations by the EU Commission to harmonize global Licenses for certified recipients, the group of privileged goods is to be slightly expanded. It should include goods listed in items 0009d, 0010c1, c2, c3, 0011a (see notes g) and j)), 0015b, c, d, as well as 0017a, b, d, e, j, k, l, m, n, o, p and 0021b4 of Part I Section A of the Export List (Annex AL to 
AWV
). Goods on the War Weapons List are not privileged as before. 

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OGS_a88. 
Treasury/OFAC: “Director John Smith Departing the Office of Foreign Assets Control”
(Source: 
Treasury/OFAC, 12 Apr 2018.) [Excerpts.]
 
The U.S. Department of the Treasury announced that John E. Smith will be leaving his position as Director of the Office of Foreign Assets Control (OFAC) in early May. Mr. Smith has served as OFAC’s Director/Acting Director since February 2015 and has been with OFAC for over 11 years, previously serving as its Deputy Director and as an Associate Director. …  Under Mr. Smith’s direction, OFAC reinforced its reputation as a key player in addressing the nation’s most complex and challenging national security and foreign policy crises. He led the agency’s development and imposition of some of its most significant sanctions actions ever involving North Korea, Russia, Iran, Syria, supporters of terrorism, weapons of mass destruction proliferators, malicious cyber actors, and narcotics traffickers, as well as the agency’s implementation of statutes such as the Countering America’s Adversaries Through Sanctions Act of 2017 and the issuance of major enforcement actions against those who violated its sanctions. … 

Following Mr. Smith’s departure in early May, Deputy Director Andrea M. Gacki will serve as the Acting Director of OFAC. Ms. Gacki has been with OFAC in various leadership capacities for the past decade. OFAC’s Chief Counsel Bradley Smith will serve as Acting Deputy Director.

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OGS_89. 
UK House of Commons Defense Committee Releases Report Concerning North Korea

(Source: 
UK House of Commons Defense Committee, 5 Apr 2018.)
 
The UK House of Commons Defense Committee has released a report, 
Rash or Rational? North Korea and the Threat It Poses.  
Chapter 3 of the report discusses sanctions against North Korea.

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

NWSNEWS

NWS_a1
10.
McClatchy DC Bureau: “Gunmakers, with Sales Slumping at Home, Ready for Eased Export Rules”

(Source: 
McClatchy DC Bureau, 17 Apr 2018.) [Excerpts.] 
 
U.S. gunmakers are on the verge of getting something they’ve wanted for a very long time: a streamlined process for exporting their handguns and rifles, including AR-15 assault-style weapons that have been the focus of national debate.
 
Under a long-awaited rule the Trump administration is expected to propose very soon, a large number of commercially available rifles and handguns would move off a munitions list controlled by the State Department and onto a different one at the business-friendly Commerce Department. … 
 
Opponents of relaxing the export rules argue that decision could come back to haunt the United States if the weapons end up in the wrong hands. Gun manufacturers counter that the changes don’t eliminate regulation, but would let them conduct business overseas more easily. … 
 
Under a shift to Commerce’s control, gun makers would “be able to respond better to market fluctuations for commercial sales in foreign countries, as well as compete on a more level playing field for foreign government and police contracts,” said Bazinet, from the gunmakers trade association. … 

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

NWS_a2
11
Reuters: “U.S. Ban on Sales to China’s ZTE Opens Fresh Front as Tensions Escalate”

(Source: 
Reuters, 17 Apr 2018.) [Excerpts.]
 
The United States has banned American firms from selling parts and software to China’s ZTE Corp for seven years, potentially devastating for the telecoms equipment maker and exacerbating tensions between the world’s two largest economies.
 
The move, first reported by Reuters, comes at a time when the two countries have threatened each other with tens of billions of dollars in tariffs in recent weeks, fanning worries of a full blown trade war that threatens global supply chains as well as business investment plans.
 
The U.S. Commerce Department imposed the ban following ZTE’s violation of an agreement on punishing employees that was reached after it was caught illegally shipping U.S. goods to Iran.
 
China responded swiftly, warning it is prepared to take action to protect the interests of Chinese firms and saying it hopes the United States can deal with the issue in accordance with the law.
 
The U.S. action could be catastrophic for ZTE since American companies are estimated to provide 25 percent to 30 percent of the components used in ZTE’s equipment, which includes smartphones and gear to build telecommunications networks.
 
  “If the issue cannot be solved smoothly and immediately, we think that ZTE will face tremendous disaster and would be forced to scale back on its smartphone business, not only in the U.S., but also in other markets,” said Strategy Analytics analyst Woody Oh. … 
 
Particularly damaging, Google’s mobile services including the Google Play App Store are likely to be covered by the ban even though the Android operating system is free, said Richard Windsor, an independent analyst at Radio Free Mobile.
 
  “I think that there is a risk that ZTE loses all of its non-Chinese Android business,” he said. “In almost every region outside of China, it is almost impossible to sell an Android handset that does not have Google Play installed.”  … 
 
The Chinese company paid $890 million in fines and penalties after it pleaded guilty last year to conspiring to violate U.S. sanctions by illegally shipping U.S. goods to Iran.
 
As part of the agreement, Shenzhen-based ZTE promised to dismiss four senior employees and discipline 35 others by either reducing their bonuses or reprimanding them, senior U.S. officials told Reuters.
 
But the Chinese company admitted in March that while it had fired the four senior employees, it had not disciplined or reduced bonuses to the 35 others. … 
 

Under terms of the ban, U.S. companies cannot export prohibited goods, such as chip sets, directly to ZTE or via another country, beginning immediately. …   

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NWS_a3
12
Space News: “Companies Look to Trump Administration to Further Ease Export Rules for Space Technology”

(Source: 
Space News, 17 Apr 2018.)  
 
Four years after the Obama administration began loosening rules on space technology exports, companies experiencing the benefits are looking to the Trump administration for further regulatory relief.
 
  “It’s not mission accomplished,” Fred Shaheen, Boeing’s chief council for global trade controls, said at the Satellite 2018 conference in Washington earlier this month. “Export control reform is definitely not done. There’s so much left to do.”
 
In 2014, authority to approve the export of many space-related technologies shifted from the U.S. State Department to the U.S. Commerce Department. The changes are helping the U.S. commercial space industry, John Shane, a partner specializing in international trade at Wiley Rein LLP, a Washington law firm, said at the Satellite 2018 conference.
 
When communications satellites were included in the U.S. Munitions List, the State Department’s list of defense articles subject to extensive International Traffic and Arms Regulations (ITAR), “a lot of foreign parties were not interested in talking to American companies because of the regulatory hurdles they would have to go through,” Shaheen said.
 
Although those hurdles are lower, “we don’t want to rest on our laurels,” Mike Gold, Maxar Technologies vice president for regulatory and policy, said in an interview. “Technology is in a constant state of change and export control reform needs to keep pace.”
 
Since the U.S. government revised its rules for exporting space-related goods and services in 2014, satellite technology has changed significantly, Shane said. “Therefore, you need a fresh look at the real national security issues versus concerns about hindering the development of commercial space activities,” he added.
 
For example, companies developing technology to perform services on commercial satellites in orbit and firms developing spacecraft to carry passengers hope their technologies will not be subject to ITAR, Dennis Burnett, chairman of the University of Nebraska College of Law’s Space, Cyber and Telecommunications Law Program Advisory Board, said at the Satellite 2018 conference.
 
Those firms and many others are pinning their hopes for further regulatory relief on the Trump administration since the National Space Council’s executive secretary, Scott Pace, is working with members of the panel to recommend changes to export rules by the end of the year.
 
One of the recommendations Gold supports would direct U.S. government agencies to undertake regular, mandatory reviews of items on the Munitions List and the Commerce Control List.
 
  “It doesn’t have to be all at once,” Gold said, adding that agencies could review 20 percent of the lists every year, completing the task in five-year cycles. “Having an export control regime that matches technological progress takes constant vigilance,” he said.
 
The Satellite Industry Association has compiled a list of commercially available items it would like the government to move off the Munitions List. The items are: electric propulsion systems and thrusters, bipropellant thrusters, liquid apogee engines and navigation units including gyroscopes.
 
It remains to be seen how the Trump administration will respond to specific proposals, but recent remarks by Commerce Secretary Wilbur Ross make it clear “they are seeking to minimize the regulations on the space industry and that’s consistent with the overall philosophy of the administration,” Tom Stroup, Satellite Industry Association president, said in an interview. “There is an opportunity to address these issues.”
 
Burnett added that the Trump administration seems “willing to examine fundamental assumptions” about space system exports. “For example, is a positive list the right approach? You might conclude that writing a positive list and trying to reform it is an errand we can never succeed at,” he added.
 
By a positive list, Burnett is referring to a list of technical parameters that describe the items being regulated. That type of list inadvertently sweeps up commercial technology, he said.
 
Dennis Krepp, director of the U.S. Commerce Department’s Office of National Security and Technology Transfer Controls Sensors and Aerospace Division, agreed that regulators struggle to keep up with the rapid pace of technological change. Still, he likes having a positive list because it is easy for Commerce Department engineers, licensing officials and industry to determine which regulations cover various technologies, Krepp said at the Satellite 2018 conference.
 
Items are included on the Munitions List when government officials are concerned their export could threaten national security. Any technology that can be used to extend the life of commercial satellites in orbit could also service military satellites or harm military satellites, Tony Dearth, acting managing director for the State Department Office of Defense Trade Controls, said at the Satellite 2018 conference. “We see the somewhat magnificent benefits of not ITAR-controlling items but you always look at the problems, too.”
 
Government officials are well aware that prior to 2014 the U.S. industrial base suffered because it was difficult to export space-related goods and services. That problem has eased considerably, Dearth said.
 
Before export control reform, the State Department’s record for space system licenses was 5,000 in a single year. In 2017, the State Department issued fewer than 500 space system licenses because the vast majority of the space technologies no longer required licenses. If the current pace holds, the State Department will issue fewer than 300 licenses in 2018, Dearth said.
 

Going forward, should the U.S. government focus on broader export reform or continue trying to decrease the number of satellite technologies that require State Department licenses, Dearth asked. “I’m not sure what more the industry hopes to squeeze out of this rag,” he added.  

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NWS_a4
13
South China Morning Post: “Timeline: How did China’s Largest Listed 5G Phone Equipment Maker Land Itself in Hot Water?”

(Source: 
South China Morning Post, 17 Apr 2018.) 
 
The U.S. Department of Commerce slapped a seven-year exports ban on ZTE, denying China’s largest listed 5G telecommunications gear maker access to much-needed components and software, for breaching the terms of a sanctions violation with the US government. 
 
Here’s a timeline of what happened:
 
  14 July 2012: 
The US Federal Bureau of Investigations found that ZTE had sold banned technology to Iran, and tried to cover up its transaction to block a US Department of Commerce investigation into its violation of trade sanctions.

  7 March 2016: Trading of ZTE’s shares halted in Hong Kong and Shenzhen after 
Reuters reported that the US Department of Commerce was about to slap export restrictions on the company for violating Iran sanctions. 

  8 March 2016: 
ZTE said it would cooperate with Washington to resolve US export restrictions.

  5 April 2016: 
ZTE appointed Zhao Xianming to replace Shi Lirong as president and chairman of its board, part of a settlement with the US government for violating Iran trade sanctions. ZTE shares would resume trading on April 7.

  28 June 2016: 
 ZTE given a second reprieve from US export restrictions while it sorts out its management to comply with agreement to settle sanction breaches.

  15 November 2016: 
ZTE appointed Matthew Bell, a former consultant of EY and KPMG, to a newly created position of Chief Export Compliance Officer.

  18 November 2016: 
ZTE given a third reprieve from US export restrictions while it prepares to comply with agreement to settle sanction breaches.

  22 February 2017: 
ZTE appointed nine new members to its 14-member board of directors.

  24 February 2017: 
ZTE given a fifth reprieve from US export restrictions.

  8 March 2017: 
ZTE agreed to pay the US government US$1.2 billion in fines, the largest financial penalty ever levied on an export control case. The company also agreed to activate audit and compliance requirements designed to prevent and detect future violations, in exchange for suspending a seven-year denial of export privileges, which could be reactivated if any aspect of the deal was not met.

  14 March 2017: 
ZTE appointed Yin Yimin as new chairman to replace Zhao.

  17 April 2017: 
ZTE reported solid first-quarter results, bolstering its return to growth and seemingly putting its US sanctions behind it.

  12 January 2018: 
ZTE unveiled plans to launch a smartphone with faster 5G internet capabilities at the end of 2018 or early 2019, said Cheng Lixin, chief executive officer of its US division.

  16 April 2018: 
The US Department of Commerce activated its seven-year exports ban on ZTE, denying the Chinese company access to vital components and services for its smartphones and telecommunications gear.

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COMMCOMMENTARY

COMM_a0
14. 
A. Smith, J.A. Lee & C. Timura: “Trump Administration Imposes Unprecedented Russia Sanctions” (Part II of II) 

(Source: 
Gibson Dunn, 12 Apr 2018.) [Excerpts.] 
 
* Authors: Adam M. Smith, Esq., 
asmith@gibsondunn.com; Judith Alison Lee, Esq., 
jalee@gibsondunn.com; and Christopher T. Timura, Esq., 
ctimura@gibsondunn.com. All of Gibson Dunn, Washington DC. 
 
[Editor’s Note: Due to space limitations, this article has been divided into two parts. Publication Dates are Mon, 16 Apr 2018, and Tue, 17 Apr 2018.]
 
What Happens Next? 
 
The April 6 sanctions are likely not the end of the story.  The next steps to watch include:
 
(1) 
Potential Russian Retaliation:  During an address to the State Duma on April 11, Prime Minister Dmitry Medvedev said, for example, that Russia should consider targeting U.S. goods or goods produced in Russia by U.S. companies when considering a possible response.[FN/19]Any such measures could implicate further U.S. business dealings with Russian entities, including the blocked entities.
 
(2) 
Changing Ownership and Structure of Sanctioned Parties:  Given that the sanctioned companies were listed due to their ownership/control by sanctioned persons (pursuant to the 50 percent rule) there have already been moves to dilute their ownership and thus potentially have the companies de-listed.  While possible, it is important to note that because the companies were explicitly listed by OFAC (and now appear on the SDN list), any reduction in ownership or control will not result in an automatic de-listing.  Rather, OFAC will need to process these changes and formally de-list the entities before they can be treated as non-sanctioned.  OFAC could opt not to de-list, or could decide to list the companies on other bases.  Regardless the process will undoubtedly take some time.  We note that at least one engineering firm whose stock was held by a designated entity has already obtained a license to complete the transfer of these shares; this is helpful precedent for any company impacted but only tangentially related to the designated entities.  Sanctioned entities have also changed their board membership in response to the U.S. sanctions.  On Monday, April 11, for example, the entire board at Renova Management AG, the Swiss subsidiary of the Renova Group, was dismissed after Renova Group’s designation.[FN/20]
 
(3) 
European Follow on Restrictions:  The shock of many of Europe’s major powers following the poisoning of Sergei and Yulia Skripal in Salisbury in early March and the resulting mass expulsion of Russian diplomats from European capitals suggests that sanctions may be next.  Core European U.S. allies were likely notified in advance of the April 6 measures.  In the run up to sanctions in 2014, Washington and Brussels worked very closely to institute parallel measures against Moscow.  While that unity has broken down under the Trump administration, especially since CAATSA was passed in August, it would appear as though some European sanctions are liking in the offing.
 
(4) 
OFAC FAQs/Licenses and Potentially New Measures:  Due to the complexity of the April 6 measures, we expect that OFAC will issue additional FAQs and potentially revisions to General Licenses 12 and 13 (or new General Licenses) in the near term to clear up questions and further calibrate response.  Depending upon next steps from Russia and Europe we may see additional sanctions as well.  Secretary of State-designate Mike Pompeo’s statement that the United States “soft” policy toward Russia is over suggests as much.[FN/21]
 
Unfortunately, there is no clear path towards a de-escalation in Washington-Moscow tensions.  When the U.S. first issued sanctions against Russia in response to the Crimea incursion in 2014 the sanctions “off-ramp” was very clearly defined: if Russia altered its behavior in Crimea/Ukraine there was a way that sanctions could be removed.  Since 2014, as Secretary Mnuchin noted, Russia’s activities have exacerbated in scope and territory to include support for the Bashar regime in Syria, election meddling, cyber-attacks, and the nerve agent attack in the United Kingdom.  The breadth and boldness of this activity makes it even more unlikely that Russia will comply with the West’s wishes and thus even less likely that the sanctions would be removed or even reduced at any point in the near term.  For its part, bipartisan Congressional leadership expressed broad support for the Trump administration’s actions-however, Congress will likely demand more from the President in the near term.  Perhaps eager to placate Congress and dispel any notion that he is “soft” on Russia and buffeted by external circumstances ranging from any potential attack in Syria to the investigation by Robert Mueller, the President may impose still harsher measures on Moscow.
 
—– 
  [FN/19] Russia’s Renova says board at its Swiss subsidiary dismissed due to sanctions, Reuters (Apr. 11, 2018), available 
here
.
  [FN/20] Russia ready to prop Up Deripaska’s Rusal as US sanctions bite, Financial Times (Apr. 11, 2018), available 
here
.
  [FN/21] Patricia Zengerle, Lesley Wroughton, As Pompeo signals hard Russia line, lawmakers want him to stand on his own, Reuters (Apr. 12, 2018), available 
here

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COMM_a01
15.
R.C. Thomsen II, A.D. Paytas, & M.M. Shomali: “BIS Activates ZTE’s Denial Order”

(Source: 
alerts@t-b.com, 16 Apr 2018.) 
 
* Authors: Roszel C. Thomsen II, Esq., 
roz@t-b.com; Antoinette D. Paytas, Esq., 
toni@t-b.com; and Maher M. Shomali, Esq., 
maher@t-b.com. All of Thomsen & Burke LLP.
 
Today, the Commerce Department’s Bureau of Industry and Security (BIS) has imposed a denial of export privileges against Zhongxing Telecommunications Equipment Corporation, of Shenzhen, China (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. of Hi-New Shenzhen, China (ZTE Kangxun) (collectively, ZTE). 
 
The Denial Order prohibits ZTE from participating in any way in any transaction subject to the EAR. However, it also restricts U.S. companies from:
  (1) Exporting or re-exporting to or on behalf of ZTE any item subject to the EAR; or
  (2) Engaging in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by ZTE.
 
Additional restrictions are set forth below:
 
Background
 
In March 2017, after a five-year U.S. Government investigation, ZTE Corporation and the Departments of Justice, Commerce and Treasury announced a global settlement of charges that ZTE violated the International Emergency Economic Powers Act (IEEPA), the Export Administration Regulations (EAR) and the Office of Foreign Assets Control (OFAC) Regulations. ZTE agreed to a combined civil and criminal penalty and forfeiture of $1.19 billion after illegally shipping telecommunications equipment to Iran and North Korea, making false statements, and obstructing justice including through preventing disclosure to and affirmatively misleading the U.S. Government. 
 
In addition to these monetary penalties, ZTE also agreed a seven-year suspended denial of export privileges, which could be activated if any aspect of the agreement was not met and/or if the company committed additional violations of the EAR.
 
The Department of Commerce has now determined ZTE made false statements to BIS in 2016, during settlement negotiations, and in 2017, during the probationary period, related to senior employee disciplinary actions the company said it was taking or had already taken. ZTE’s false statements only were reported to the U.S. Government after BIS requested information and documentation showing that employee discipline had occurred. 
 
As a result, BIS has activated ZTE’s Denial Order and placed the following restrictions on the company: 
 
Restrictions
 
ZTE may not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR, including, but not limited to:
 
  – Applying for, obtaining, or using any license, license exception, or export control document;
  – Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or engaging in any other activity subject to the Regulations; or
  – Benefiting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or from any other activity subject to the Regulations.
 
No person may, directly or indirectly, do any of the following:
 
  – Export or reexport to or on behalf of ZTE any item subject to the Regulations; 
  – Take any action that facilitates the acquisition or attempted acquisition by ZTE of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby ZTE acquires or attempts to acquire such ownership, possession or control;
  – Take any item subject to the Regulations that has been exported from the United States;
  – Obtain from ZTE in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or
  – Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by ZTE, or service any item, of whatever origin, that is owned, possessed or controlled by ZTE if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing.
 
The Denial Order also noted that after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any person, firm, corporation, or business organization related to ZTE by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order.
 
Web Links
  – 
Commerce Department Announcement (16 Apr 2018)
  – 
ZTE Denial Order (15 Apr 2018)

  – Reuters Article (16 Apr 2018) 

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COMM_a2
16. 
Gary Stanley’s EC Tip of the Day

(Source: Defense and Export-Import Update; 16 Apr 2018. Available by subscription from 
gstanley@glstrade.com.)
 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,  
gstanley@glstrade.com
 
Under the EAR’s General Technology Note, the term “development” relates to all stages before serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts.

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

ENEDITOR’S NOTES


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

EN_a318
. 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: 12 Apr 2018: 83 FR 15736-15740: CBP Decision No. 18-04; Definition of Importer Security Filing Importer (ISF Importer)
 
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: 
2 Apr 2018:
83 FR 13849-13862
: Implementation of the February 2017 Australia Group (AG) Intersessional Decisions and the June 2017 AG Plenary Understandings; Addition of India to the AG [Amendment of EAR Parts 738, 740, 745, and 774.]; and 5 Apr 2018: 83 FR 14580-14583: Reclassification of Targets for the Production of Tritium and Related Development and Production Technology Initially Classified Under the 0Y521 Series [Imposes License Requirements on Transfers of Specified Target Assemblies and Components for the Production of Tritium, and Related “Development” and “Production” Technology.]

  
*
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: 
16 Apr 2018: 
Harmonized System Update 1805 
[contains 267 ABI records and 60 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_a0319
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.

* 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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