18-0514 Monday “Daily Bugle”

18-0514 Monday “Daily Bugle”

Monday, 14 May 2018

The Daily Bugle is a free daily newsletter from Full Circle Compliance, containing changes to export/import regulations (ATF, DOE/NRC, Customs, NISPOM, EAR, FACR/OFAC, FAR/DFARS, FTR/AES, HTSUS, and ITAR), plus news and events.  Subscribe 
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[No items of interest noted today.]

  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. DHS/CBP Updates ACE Cargo Release, SO Status Notification
  4. State/DDTC: (No new postings.)
  5. EU Amends Restrictive Measures Concerning Russia/Ukraine, Adds 5 Persons “Involved in the Organization of Russian Presidential Elections in Illegally Annexed Crimea and Sevastopol”
  1. Reuters: “Europe Moves to Safeguard Interests in Iran After U.S. Pullout”
  2. South China Morning Post: “ZTE Could Resume Operations ‘Within Weeks’ Following Trump’s Pledge to Help the Company”
  3. R. Clark: “Trump Tweetplomacy Could Backfire”
  4. ST&R Trade Report: “Export Controls, Routed Exports, Trusted Trader Among DOC’s Short-Term Regulatory Goals”
  5. ST&R Trade Report: “Reminder: Importer Security Filing Responsibility Shifting for Some Shipments”
  6. The Wall Street Journal: “U.S. Ready to Impose Sanctions on European Companies in Iran, Bolton Says”
  1. Wiley Rein LLP: “Key ITAR Changes Announced at DTAG Meeting”
  2. X. Oustalniol: “Will France Expand the Scope and Reach of its Anti-Corruption Agency?”
  3. Gary Stanley’s EC Tip of the Day
  4. R.C. Burns: “CBP Sued Over Requiring Hold Harmless Agreement for Return of Seized Property”
  1. Monday List of Ex/Im Job Openings: 227 Jobs Posted This Week, Including 25 New Jobs
  1. FCC Presents “Summer Course U.S. Export Controls: An Introduction to the ITAR & EAR”, 12 Jun in Bruchem, the Netherlands
  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 (24 Apr 2018), HTSUS (4 May 2018), ITAR (14 Feb 2018) 
  3. Weekly Highlights of the Daily Bugle Top Stories 




[No items of interest noted today.]

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

* President; ADMINISTRATIVE ORDERS; Yemen; Continuation of National Emergency (Notice of May 14, 2018) [Publication Date: 15 May 2018.]
* Commerce; NOTICES; Agency Information Collection Activities; Proposals, Submissions, and Approvals [Concerning Request for Investigation under Section 232 of the Trade Expansion Act; Publication Date: 15 May 2018.]
* Treasury/OFAC; NOTICES; Blocking or Unblocking of Persons and Properties [Publication Date: 15 May 2018.]

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CSMS# 18-000340, 11 May 2018.)
CBP has updated the ACE Cargo Release – SO Status Notification. The new SO Status Notification can be found 

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The EU Council added five persons to the list of those subject to restrictive measures over actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. They are listed because of their involvement in the organization of the Russian presidential elections of 18 March 2018 in the illegally annexed Crimea and Sevastopol, thereby actively supporting and implementing policies that undermine the territorial integrity, sovereignty and independence of Ukraine. 
The five individuals hold positions of responsibility in the electoral commissions of Crimea or Sevastopol. The measures consist of a travel ban and an asset freeze.
The decision brings the total number of individuals listed by the EU to 155. In addition, the EU has frozen the assets of 38 entities under this sanctions regime.
The legal acts, including the names of the persons concerned, are available in the EU Official Journal of 14 May 2018. 
Other EU measures in place in response to the Ukraine crisis include:
  – economic sanctions targeting specific sectors of the Russian economy, currently in place until 31 July 2018;
  – restrictive measures in response to the illegal annexation of Crimea and Sevastopol, limited to the territory of Crimea and Sevastopol, currently in place until 23 June 2018.

Council Implementing Regulation (EU) 2018/705 of 14 May 2018 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

Council Decision (CFSP) 2018/706 of 14 May 2018 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

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Reuters: “Europe Moves to Safeguard Interests in Iran After U.S. Pullout”

Reuters, 11 May 2018.) [Excerpts.]
Europe’s heavyweight economies took steps on Friday to safeguard their interests in Iran, seeking to keep the nuclear deal with Tehran alive after Washington pulled out and said sanctions would follow.
Germany and France have significant trade links with Iran and remain committed to the nuclear agreement, as does Britain, and the three countries’ foreign ministers plan to meet on Tuesday to discuss it.
That is part of a flurry of diplomatic activity following Tuesday’s unilateral withdrawal from what U.S. President Donald Trump called “a horrible, one-sided deal”, a move accompanied by the threat of penalties against any foreign firms doing business in Iran.
German Chancellor Angela Merkel said ways to save the deal without Washington needed to be discussed with Tehran, while France’s Finance Minister Bruno Le Maire said EU states would propose sanctions-blocking measures to the European Commission.
  “Do we accept extraterritorial sanctions? The answer is no,” Le Maire told reporters.
  “Do we accept that the United States is the economic gendarme of the planet? The answer is no.
  “Do we accept the vassalization of Europe in commercial matters? The answer is no.”
In Berlin, Economy Minister Peter Altmaier said Germany was ready to give help to its affected firms, including legal advice, to continue doing business in Iran.
Le Maire said he was seeking concrete exemptions for countries already present in Iran, including Renault, Total, Sanofi, Danone and Peugeot.
The 2015 agreement between major powers and Iran set limits on its nuclear activities in exchange for the lifting of sanctions. Europeans fear a collapse of the deal could intensify conflicts in the Middle East.
Germany, France and Britain want talks to be held in a broader format to include Iran’s ballistic missile program and its regional military activities, including in Syria and Yemen. … 

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South China Morning Post: “ZTE Could Resume Operations ‘Within Weeks’ Following Trump’s Pledge to Help the Company”

South China Morning Post, 14 May 2018.) [Excerpts.]
An unexpected tweet from US President Donald Trump over the weekend could soon see China’s No 2 telecoms equipment maker ZTE Corp resume normal operations after it was hit with an export ban a month ago, signaling a potential compromise between the world’s two largest economies amid a looming trade war.
China’s top economic official Liu He will lead a Chinese trade delegation to Washington between May 15 and 19, after talks with the US government’s seven-man delegation in Beijing earlier this month failed to produce any concrete result over simmering trade tensions.
Liu’s trip was confirmed soon after US President Donald Trump pledged in a tweet on Sunday to help give ZTE “a way back into business, fast”, after it was banned from buying from US suppliers for seven years. “Too many jobs in China lost. Commerce Department has been instructed to get it done!” Trump tweeted, adding that he was working with Chinese President Xi Jinping to help the company resume operations. … 

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R. Clark: “Trump Tweetplomacy Could Backfire”

Light Reading, 14 May 2018.)
A Trump tweet has offered a lifeline to embattled ZTE and reset the course of US-China economic negotiations — but it may also have played into China’s hands. 
President Trump said in a tweet Sunday that he was working with President Xi to get the Chinese vendor “back in business.” (See 
Trump Tweets on ZTE… & Gives the Chinese Vendor a Lifeline!

That followed the announcement last week that ZTE was closing down “major operations” after the US Department of Commerce blocked exports of US components to the Chinese vendor. (See 
ZTE Ceases Business Operations After US Ban

US officials ruled last month that ZTE had breached commitments it made a year ago when in settled a case over sanctions-breaching exports to Iran. (See
US Govt. Bans Domestic Component Sales to ZTE
ZTE in Existential Crisis as It Slams ‘Unfair’ US Ban, Considers ‘Judicial Measures’
.) A China Foreign Ministry spokesperson Monday said China “appreciated the positive attitude” of the US.

A Chinese negotiating team led by Vice Premier Liu He has arrived in Washington and is due to continue trade talks with the US from Tuesday. But an Economist Intelligence Unit analyst, Nick Marro, warned that Trump’s unprompted concession had reinforced the Beijing view that the penalty on ZTE was a political act.

“Even the Chinese government appeared to buy the US Commerce department line that the ZTE case was a violation of US export law,” he said. Now Trump is “telling China that US law is flexible to commercial negotiations, undermining US credibility.” And that could come back to haunt Trump and his administration.

China picked up Trump’s cue today by letting it be known it had restarted its stalled review of the Qualcomm-NXP merger, 
Bloomberg reported
Qualcomm Cuts Jobs as It Seeks Chinese Approval for NXP M&A.)

But while ZTE appears to have at least averted a shutdown, it faces a fresh threat with a report that it had allegedly paid nearly US$13 million in bribes to win two network contracts in the African nation of Benin.

The alleged events took place more than a decade ago, but 
according to documents seen by Australia’s Fairfax Media
the kickbacks were “meticulously recorded” and approved by multiple executives, including senior management in Shenzhen.
This follows the same pattern as the illicit equipment exports to Iran, which were likewise well-documented and supported at very senior levels.The revelation comes just as Telstra is about to call tenders for 5G contracts. ZTE, along with Huawei, is one of five shortlisted bidders. ZTE and Huawei are also competing for a A$120 million (US$90.7 million) contract to supply the communications for a new metro network in Perth.

Australia, which has banned Huawei from supplying equipment to its national broadband network (NBN), is under pressure from the NSA and the Department of Homeland Security to not issue 5G contracts to either Chinese firm, 
Australian Financial Review has reported

ZTE declined to comment on the Fairfax report.

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ST&R Trade Report: “Export Controls, Routed Exports, Trusted Trader Among DOC’s Short-Term Regulatory Goals” 

Sandler, Travis & Rosenberg Trade Report, 14 May 2018.)
A trusted trader program for seafood importers and updated rules on routed export transactions are among the regulatory changes the Department of Commerce could advance in the next few months. The DOC’s most recent 
semiannual regulatory agenda lists the following regulations affecting international trade that could be issued within the next year as well as rulemaking proceedings that have been in process for some time and are not as likely to see further progress in the near term. The expected timeframes for issuance of the rules are indicated in parentheses.
Upcoming Regulations
  – a final rule eliminating the regulation describing how the DOC will issue licenses for the allocation of tariff-rate quotas on 
worsted wool fabric, as the underlying program has been transferred to the Department of Agriculture (May 2018; previously December 2017)
  – a final rule to eliminate the regulation describing how the DOC will determine whether applicants are bona fide 
motor vehicle manufacturers under the Automotive Products Trade Act of 1965, as the authority for this regulation is no longer part of the U.S. tariff schedule (May 2018; previously March)
  – a final rule formally recognizing and implementing India’s membership in the 
Wassenaar Arrangement (May 2018; first time published)
  – a final rule revising export and reexport license requirements for 
South Sudan (May 2018; first time published)
  – a final rule removing the complex provisions and related procedure setting forth review policy, licensing procedure, and reporting requirements for activities involving items subject to the Export Administration Regulations that may have been illegally exported or reexported to 
Libya before the embargo on that country ended in 2006 (July 2018; previously March)
  – a proposed rule on export controls for 
cybersecurity items (July 2018; first time published)
  – a proposed rule on the definition of a 
routed export transaction and the responsibilities of parties in such transactions (August 2018; previously April; 
advance notice of proposed rulemaking issued in October 2017)
  – a proposed rule to amend certain 
600 series ECCNs to clarify the controls on items related to military vehicles, vessels of war, submersible vessels, oceanographic equipment, and auxiliary and miscellaneous military equipment (August 2018; previously June)
  – a final rule imposing export controls on read-out integrated circuits, seismic intrusion detection systems, radar for helicopter autonomous landing systems, and technology required for the development or production of specified 
nanotechnology (August 2018; unchanged)
  – a proposed rule to establish a voluntary 
Commerce Trusted Trader Program for seafood importers that aims to provide benefits such as reduced targeting and inspections and enhanced streamlined entry (September 2018; previously December 2017)
  – a proposed rule to improve the 
export clearance requirements under the EAR, including better harmonizing them with similar requirements under the International Traffic in Arms Regulations (September 2018; previously March)
  – a final rule establishing requirements for requesting exclusions from 
steel and aluminum tariffs (November 2018; 
interim final rule published March 2018)
  – a proposed rule to clarify that for all entries subject to 
antidumping duties the importer must file its reimbursement certification in either proper electronic form or paper form in accordance with U.S. Customs and Border Protection requirements (December 2018; previously December 2017)
  – a proposed rule setting forth procedures to address 
covered merchandise referrals from CBP (December 2018; previously December 2017)
  – a final rule specifying that where the exporting country does not constitute a viable market the DOC will normally 
calculate normal value based on constructed value (December 2018, previously December 2017; 
proposed rule published in August 2016)
  – a proposed rule to eliminate references to (a) information provided by domestic interested parties regarding sales made below the cost of production in order to allege 
dumping and (b) allow the DOC’s use of voluntarily submitted information to calculate constructed value (December 2018; previously April)
  – a proposed rule that would align DOC regulations with the Trade Preferences Extension Act of 2015, which provides that the DOC shall not be required to corroborate any 
dumping margin or CV duty applied in a separate segment of the same proceeding (December 2018; previously April)
  – a proposed rule updating and clarifying 
certain license exception AVS provisions (December 2018; previously June)
Regulations in Process
  – a final rule establishing time limits for the submission of requests for sampling in administrative reviews of AD duty orders
  – a proposed rule to adopt an export licensing amendment process and make other licensing process efficiencies
  – a final rule that (a) clarifies the parties’ responsibilities under the EAR in a routed export transaction, including when the U.S. principal party in interest maintains its responsibility for license requirement determination and licensing, and (b) details when and how a U.S. PPI may delegate to the foreign PPI its responsibilities to determine license requirements and apply for a license
Completed Regulations
  – a 
final rule updating import and export requirements for rough diamonds
  – a 
final rule updating export controls on chemicals and biological agents

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ST&R Trade Report: “Reminder: Importer Security Filing Responsibility Shifting for Some Shipments” 

Sandler, Travis & Rosenberg Trade Report, 14 May 2018.)
As of 14 May, U.S. Customs and Border Protection is expanding the definition of importer security filing importer for certain types of shipments so that the party that has the best access to the required information will be the party responsible for filing the ISF. CBP has said that while this rule shifts the legal responsibility for filing the ISF in these instances it will not change who actually submits the data in the “vast majority of cases.”
CBP regulations require ISF importers to transmit an ISF to CBP no later than 24 hours before the cargo is laden aboard a vessel destined to the U.S. (or any time prior to lading for foreign cargo remaining on board). The ISF consists of either ten data elements for shipments of goods intended to be entered into the U.S. or delivered to a foreign-trade zone or five data elements for shipments entirely of FROB cargo or goods intended to be transported as immediate exportation or transportation and exportation in-bond shipments.
Under previous regulations, the ISF importer was the party causing goods to arrive within the limits of a port in the U.S. by vessel, typically the goods’ owner, purchaser, or consignee or an agent such as a licensed customs broker. However, these regulations limited the definition of ISF importer for specified types of shipments: for FROB cargo, the ISF importer was the vessel-operating common carrier, and for IT and T&E in-bond shipments and goods to be delivered to an FTZ, the ISF importer was the party filing the IE, T&E, or FTZ documentation.
CBP concluded that these limitations did not reflect commercial reality and in some cases designated a party as the ISF importer even though it had no commercial interest in the shipment and limited access to the ISF data. In some cases, the party responsible may not even have been involved in the importation at the time the ISF had to be filed.
As a result, CBP is expanding the definition of ISF importer to place responsibility for filing the ISF with the party causing the goods to enter the limits of a port in the U.S. and most likely to have access to the required ISF information. Specifically, for FROB shipments the ISF importer could be a non-vessel-operating common carrier as well as a VOCC, and for IE and T&E in-bond shipments and goods to be delivered to an FTZ the ISF importer could be the goods’ owner, purchaser, consignee, or agent (e.g., a licensed customs broker, carrier, or NVOCC).

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The Wall Street Journal: “U.S. Ready to Impose Sanctions on European Companies in Iran, Bolton Says”

The Wall Street Journal, 13 May 2018.) [Excerpts; subscription required.]
National Security Adviser John Bolton warned Sunday that Washington is prepared to impose sanctions on European companies if their governments don’t heed President Donald Trump’s demand to stop dealing with Iran. “Europeans are going to face the effective U.S. sanctions,” Mr. Bolton said on ABC’s “This Week.” 
Mr. Bolton’s comments are the latest salvo in the Trump administration’s campaign to put economic pressure on Iran and America’s European allies to accept a new agreement that would impose tougher restrictions on the Iran’s nuclear activities, constrain its missile program and roll back its support for militant groups. 
The new agreement would supplant the Iran nuclear accord, which Mr. Trump formally abandoned last week but which the leaders of Britain, France and Germany have vowed to preserve. European officials have said they looking for ways to help their companies escape the brunt of the U.S. sanctions. France’s foreign minister said Friday he had asked for exemptions or longer grace periods for the exit of French companies such as oil-and-gas giant Total SA and car maker Peugeot SA that have returned to the Iranian market since the 2015 nuclear accord. … 

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Wiley Rein LLP: “Key ITAR Changes Announced at DTAG Meeting”
Wiley Rein LLP, 11 May 2018.) 
The Defense Trade Advisory Group (DTAG), a committee comprised of private sector defense trade representatives that advises the Department of State, Directorate of Defense Trade Controls (DDTC) on defense trade issues, held an open session meeting yesterday. Acting Deputy Assistant Secretary Mike Miller kicked off the meeting by covering recent leadership changes, including the selection of Tony Dearth as DDTC Chief of Staff, Sarah Heidema as Director of Policy, Catherine Hamilton as Director of Licensing, and Jae Shin as the new Chief of the Compliance and Civil Enforcement Team. He also highlighted a few upcoming revisions to the 
International Traffic in Arms Regulations (ITAR). Among other things, DDTC expects to issue a rule relatively soon clarifying the Section 126.4(a) licensing exemption and expanding it to cover permanent exports by or for the U.S. government. This exemption has been the subject of considerable controversy over the years, and the new rule appears to be a much-welcomed change for government contractors.
The DTAG working groups then covered the following three agenda items:
  – Defense Services Definition: Like the Section 126.4(a) exemption, a revised definition of “defense services” has been a long time coming. DTAG’s latest recommended refinement to the definition includes a “catch” and “release” concept. For assistance or training related to defense articles and provided to foreign persons to be “caught” by the new proposed definition, the person providing such assistance or training generally must do so using “traceable” U.S.-origin ITAR-controlled technical data. In other words, use of public domain data or the mere fact that an engineer may have worked on U.S. government/ITAR-controlled projects in the past would not be enough to capture the assistance or training as a defense service.
  – IT/One Form: The IT working group also briefed its findings on streamlining the export licensing process, including through the potential use of a single licensing form. One change from DDTC practice under consideration is to permit outside counsel and third-party consultants to submit license applications and other submissions on behalf of companies. If implemented, this change would be aligned with the Department of Commerce’s electronic licensing process, which permits third parties to file applications on behalf of companies.
  – Personal Protective Equipment (PPE): The final DTAG working group provided recommendations to improve the ITAR’s PPE licensing exemption. After identifying some concerns-such as the rigid hand-carry requirement and the fact that certain U.S. government-required equipment falls outside of the scope of the exemption (
e.g., detection paper, decontamination kit)-the working group offered several suggestions for improving the exemption. These recommendations ranged from creating a stand-alone PPE exemption in the regulations to identifying U.S. Munitions List categories of items covered by the exemption and permitting freight forwarders to handle the PPE shipments.

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X. Oustalniol: “Will France Expand the Scope and Reach of its Anti-Corruption Agency?”

The FCPA Blog, 8 May 2018.) 
* Author: Xavier Oustalniol, Partner in the San Francisco office of StoneTurn. 
The Special Investigative Commission of the National Assembly has released a report on the conditions surrounding foreign investments in French companies of strategic importance. 
While the report discusses French industrial policy in the context of globalization more broadly, it also provides insight into how the French government may strengthen the 
Agence Française Anticorruption (AFA) and its ability to cooperate with foreign regulators on investigations involving corruption.
The report presented a number of propositions and was based on many interviews, including one with the head of the AFA, Charles Duchaine, that suggest how to widen the scope of the AFA, strengthen anti-corruption provisions in Sapin II, and how the AFA intends to work with monitorships imposed by foreign regulators going forward. 
Expand the means available to French regulators to more closely match foreign regulators. Propositions in the report provide ways for the AFA to expand its jurisdiction over more foreign companies operating in France, and coordinate better, while protecting French interests and for the “Parquet National Financier” (PNF) to self-fund regulatory activities.
Proposition 39, for example, suggests changing the current law, to include subsidiaries of foreign companies that are not currently governed because the parent’s headquarters are located outside of France. It is clear France intends to benefit from tools identical to those available to foreign regulators who have jurisdiction over French subsidiaries in foreign countries. It has already expanded its laws to be extraterritorial and it seems that the legislators either intended to cover these aspects or may not have focused on that “loophole.” Of course, that would likely increase the scope of issues with which the AFA has to contend.
Proposition 41 suggests expanding the definition of “persons of interest” under Sapin II to include more investment bankers. Currently, under Sapin II, certain investment bankers can avoid registering if the number of contacts made with  politically exposed persons (PEPs) under the law is below 10. Investment banks are not proponents of this proposed modification. They believe that interacting with government representatives does not constitute lobbying; the rules would conflict with insider trading rules; and that, if PEPs reach out to them, it should not count.
To fund the inevitable increase in regulatory activity resulting from such changes, Proposition 40 suggests modeling penalties and fines after those imposed by certain U.S. regulators and allowing regulators such as the PNF to fund future regulatory actions. Mr. Duchaine explains in his interview that France has had a Manichaean approach to enforcement, rather than a more economic, cost / benefit analysis in which large fines are levied such as in the U.S. The Commission took his comments to heart.
Mr. Duchaine also suggested increasing the scope of the AFA in assessing and supervising companies under the 
“Convention Judiciaire d’Interêt Public” (CJIP). While he no longer seems to think that the AFA can internalize the role of the monitor (and, in fact, indicated that using outside experts may be preferable), he does believe that the AFA has a role to oversee the actions of the designated monitor. For example, he believes that the AFA can provide some assistance concerning the assessment of the cost of monitorships, referring to a questionnaire based upon multiple criteria (situation, size, industrial sector, revenue, etc.) to be shared with prosecutors and defraying such costs on companies.
Strengthen ties and increase cooperation with foreign regulators and protect French interests. One of the key goals sought by these changes is to enable French authorities to take on a larger role in anti-corruption investigations by formalizing information sharing between regulatory agencies, more closely coordinating investigative efforts with foreign regulators, and providing greater support and insight on remediation efforts, while protecting French economic interests.
Proposition 43, for example, outlines the need for a more structured, formalized process to share information between the AFA and foreign regulators. The AFA, on occasion, now finds out about investigations or agreements reached (i.e., monitorships) between foreign regulators and French companies through news announcements. The proposition seeks to address the ability of the French government to oversee or be involved with ongoing investigations, monitorships or other sanctions placed upon French companies, concurrent with the ability to protect or prevent the sharing of information by French companies under the premise of the so-called ”
loi de blocage” (blocking law).
To that end, Mr. Duchaine believes that the AFA should not only have a role in foreign monitorships to help protect sensitive information, but to some extent also share information with the regulator. For example, he suggests that the AFA can play a role in framing the scope of remediation based on prior experience with the company or other knowledge of the situation. In other words, it may benefit the company to have the AFA coordinate with foreign authorities to help minimize the scope of the monitorship and not “recreate the wheel.”
However, there is a risk for a company approaching the AFA if it is under investigation by foreign jurisdictions to seek assistance, as it may fall under scrutiny for possible additional penalties in France. It seems logical that such a process can only co-exist if the foreign jurisdiction accepts to turn things over to the AFA and otherwise resolve the issue of ”
non bis in idem.” Otherwise, it is likely that evidence of corruption may create problems in both jurisdictions.

In conclusion, the propositions of the Commission would push Sapin II even closer to a stronger anti-corruption framework, with more tools made available to the AFA and other regulators and incite stronger cooperation with foreign regulators, which may benefit French companies. Conversely, foreign companies operating in France that previously escaped the scrutiny of the AFA would be under a larger magnifying glass.

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Gary Stanley’s EC Tip of the Day

(Source: Defense and Export-Import Update; 13 May 2018. Available by subscription from 
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059, 
Information to the extent it is disclosed on the patent or an open (published) patent application available from or at any patent office is not subject to the ITAR or EAR. The export or reexport of the information is not subject to the EAR because any person can obtain the technology from the public record and further disseminate or publish the information. For that reason, it is impossible to impose export controls that would restrict access to the information. But information subject to a 
patent-secrecy order is subject to control. See, e.g., ITAR § 120.10(a)(3), defining the term “technical data” as including “information covered by invention secrecy order.”

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R.C. Burns: “CBP Sued Over Requiring Hold Harmless Agreement for Return of Seized Property”

Export Law Blog, 11 May 2018. Reprinted by permission.)
* Author: R. Clifton Burns, Esq., Bryan Cave LLP, Wash DC, 
Clif.Burns@bryancave.com, 202-508-6067).
Okay, exporters, raise your hands if this has happened to you. You are exporting goods and some over excited and under informed U.S. Customs and Border Patrol Agent wrongfully seizes the item. For example, he decides that the EAR99 spark plugs that you are exporting are ECCN 3A228 triggered spark gaps. You file the necessary paperwork in response to the notice of seizure. In the meantime, your customer sues you for non-delivery. CBP finally admits after consulting with BIS that these are spark plugs and not triggered spark gaps and, six months later, agrees to return them. But here’s the catch:  they will return them only if you sign a standard release form absolving CBP from any liability for having wrongfully seized your spark plugs. Reluctantly you sign the papers, wait for your spark plugs and settle the lawsuit with your customer for unreimbursable damages caused by CBP.
Of course, the bitter taste here comes from the fact that these spark plugs are yours. You have the right to them unconditionally. You don’t have to waive your rights or promise to run naked through a public square as a prerequisite to the return of what is yours and which CBP should never have seized in the first place.
Now consider the case of Anthonia Nwaorie, a nurse who was traveling to Nigeria to establish a medical clinic for women and children in Nigeria. She had with her $41,377.  This was money which she had saved from her nurse’s salary.  It was intended to seed money for the clinic.   All of the money was seized by CBP at the airport because she did not file a declaration of the cash at the CBP Office six miles from the airport just before her departure.
When she received the Notice of Seizure under the Civil Asset Forfeiture Reform Act (“CAFRA”), she elected the option of having the matter referred to the U.S. Attorney for judicial resolution and filed that election along with the required CAFRA form. When the U.S. government did not file a judicial forfeiture action within 90 days of receiving the claim form, CAFRA required the government to “promptly release” the seized property and forbade the government from taking “any further action to effect the civil forfeiture of such property.” 
18 U.S.C. § 983(a)(3)(B)(ii).
Thereafter CBP mailed her the all-too-familiar letter saying it would give her cash back to her but only if she signed a hold harmless agreement which would prevent her from filing suit against the government and would require her to indemnify the government against any future claims made against the released property. The letter also said that if she did not sign the hold harmless agreement within 30 days, administrative procedures to forfeit the cash would be instituted. Ms. Nwaorie refused to sign and instead called a lawyer. The Institute for Justice then took on her case, and, on May 2, filed a 
class action lawsuit against CBP alleging that CBP had no right to condition the return of forfeited funds on a hold harmless agreement. The suit requests return of Ms. Nwaorie’s seized property as well as that of the class members who also refused to sign the hold harmless agreement. It also seeks a judgment enjoining CBP in the future from conditioning release of seized funds on the hold harmless agreement.
The theory behind the suit is simple. Nothing in CAFRA authorizes conditioning the release of funds on a hold harmless agreement. Moreover, doing so violates the specific requirement to “promptly release” the funds if no forfeiture action has been filed within the statutorily mandated time period. And, of course, CAFRA’s prohibition on further forfeiture proceedings directly prohibits CBP from threatening administrative forfeiture if the hold harmless agreement is not signed.
Although this seizure, because it involved a currency reporting violation, was under CAFRA, the same logic would apply to seizures under the Tariff Act of 1930. If an exporter files a claim under
19 U.S.C. § 1608 and prevails in the subsequent federal court litigation or the government decides under 19 U.S.C. § 1604 not to prosecute the forfeiture action, nothing in the statute permits CBP to condition return upon a hold harmless or waiver of rights.

One thing to consider while waiting for the outcome of this lawsuit is this:  when signing and returning the hold harmless agreement, send it back with a cover letter indicating that the hold harmless was not signed voluntarily but was signed because of CBP’s unlawful demand that it be signed as a condition to return property that is lawfully yours.  Be aware, of course, that this is not something that should be done where Customs has lawfully seized the property and has decided to mitigate the forfeiture. 

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


MS_a216. Monday List of Ex/Im Job Openings; 227 Jobs Posted This Week, Including 25 New Jobs

(Source: Editor) 

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


” New or amended listing this week

* ACCO Brands; Lake Zurich, IL; Foreign Trade Zone Specialist;
* 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

# AMD; Austin, TX;
Manager, Import/Export;

* 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

* BAE Systems; Huntsville, AL; Facility Security Officer, Security Manager; Requisition ID: 36821BR
* BAE Systems; Burlington, MA; Facility Security Officer (“FSO”); Requisition ID: 35499BR
* BAE Systems; Rockville, MD; Compliance Specialist Senior; Requisition ID: 35809 BR
* BAE Systems; Sterling, VA; Compliance Specialist Senior; Requisition ID: 36370BR

* Boeing; Zoushan, China;
Trade Compliance Manager;
* Boeing; Rome, Italy;
Trade Control Specialist;
* Boeing; Seattle, WA;
Trade Control Specialist;
* Boeing; Mesa, AR;
Trade Control Specialist;
* Boeing; Ridley Park, PA;  
Trade Control Specialist
* Boeing; St. Louis, MO; Arlington, VA; Joint Base Charleston, SC; Oklahoma City, OK, Ridley Park, PA; El Segundo, CA; Seattle, WA; Mesa, AZ; Trade Control Specialist – Mid Career;

 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: 

* Curtiss-Wright Corporation; Los Angeles, CA;
Director, Trade Compliance

* 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

# DHL; Newark, NJ;
Director, Export Control & Compliance – USA
; Requisition ID: ref57592

* Dorman Products; Colmar, PA; Global Trade Compliance Specialist;
* DSJ Global; Minneapolis, MN; Director of International Logistics;
 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
* Eaton; Mississagua, Canada; Global Trade & Compliance Manager;

* Elbit Systems of America; Fort Worth, TX or Merrimack, NH;
Trade Compliance Manager
; 2018-5916

* Elbit Systems of America; Fort Worth, TX or Merrimack, NH;
Trade Compliance Officer
; 2018-5917

* EMD Serono; Milan, Italy;
Trade Compliance Associate Internship

* EMD Serono; Shanghai, China; Import Export Supervisor;
# Emerson Automation Solutions; Quezon City, Phillipines;  Trade Compliance AnalystRequisition ID: 18005668
# Emerson Automation Solutions; Quezon City, Phillipines; International Trade Compliance AnalystRequisition ID: 18004768
# Emerson Automation Solutions; Napoca, Romania; 
Logistics & Trade Compliance Team Leader; Requisition ID: 18001770

* Emerson; Mexico City, Mexico; Export and Trade Compliance Analyst; Requisition ID: 18001203
* Endeavor Robotics; Chelmsford, MA; Logistics and Compliance Analyst;
* EoTech Technologies; Ann Arbor, MI; Trade Compliance Manager; Requisition ID: 092335
# Erickson, Inc.; Central Point, OR; Import Specialist; Requisition ID: 756803
* 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

 Expeditors; Sunnyvale, CA;
Customs Compliance Supervisor

 Expeditors; Krefeld, Germany; 
Clerk Import / Export
 Expeditors; Bedfont, United Kingdom;
Customs Brokerage Clerk
 Expeditors; Birmingham, UK;
Customs Brokerage Agent

 Expeditors; Dusseldorf, Germany;
Clerk, Airfreight Import

* Export Solutions Inc.; Melbourne FL; 
Trade Compliance Specialist

 EY; Belgium; 
Senior Consultant, Global Trade
; Requisition ID: BEL000PT

* FLIR; Billerica, MA; US Customs Analyst

* FLIR; Meer, Belgium; GTC EMEA Customs Analyst;
* FLIR; Irving, CA; 
Sr. Manager Export Compliance;

 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; Billerica, MA;
Global Trade Compliance Analyst, Licensing
 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 Dynamics; Falls Church, VA;
Director, Trade Control
; Job ID: 2018-1122

* 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

* Harris Corporation; Roanoke, VA;
Trade Compliance Intern;
* Harris Corporation; Beaverton, OR;
Manager, International Government Relations;

* H.B. Fuller; St. Paul, MN; Global Trade Compliance Director;
* 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

* Henkel Corp.; Rocky Hill, CT;
Global Trade Defense Information Manager; Requisition ID: 

* Henkel Corp.; Rocky Hill, CT; Senior Global Trade ManagerRequisition ID: 18000307
* Hexcel Corporation; Dublin, CA or Salt Lake City, UT
; International Trade Compliance Analyst
Requisition ID: R011590

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

# Hussman; Bridgeton, MO; 
Trade Compliance Specialist;

* Illumina; San Diego, CA; Export Specialist;
 Infineon Technologies; Munich, Germany;
Experte Export Control (w/m)
; Requisition ID: 22825
# Infineon Technologies; Melaka, Malaysia; Export Control Executive; Requisition ID: 26833
# Infineon Technologies; Porto (Maia) Portugal;  Trade Compliance Administrator; Requisition ID: 25550

# Infineon Technologies; Milpitas, CA;
Export Compliance Specialist; Requisition ID: 26988

# Infineon Technologies; El Segundo, CA;  Export Compliance Specialist; Requisition ID: 26826

 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

* Johns Hopkins University; Baltimore, MD;
Assistant Director, Export Control and Facility Security;

* KEMET Electronics Corporation; Simpsonville, SC; Corporate Compliance Analyst;
* KPMG U.S.; San Francisco, CA; Associate, Trade & Customs;

# Lam Research Corp.; Singapore;
Foreign Trade Analyst 3;

# Lam Research Corp.; Fremont, CA;  Foreign Trade Intern;

# Lam Research Corp.; Shanghai, China; 
Foreign Trade (FT) Analyst;

# Lam Research Corp.; Fremont, CA; 
Foreign Trade Data Analyst;

* Leonardo DRS; Arlington, VA;
Senior Customs & Trade Compliance Manager
; Requisition ID: 87488

* Leonardo DRS; St. Louis;
Trade Compliance Specialist
; Requisition ID: 88127, or contact 

 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

* Luminar Technologies; Orlando, FL; Import/Export Trade Compliance Specialist;
 L-3 ALST; Orlando, FL;
Contracts Manager / Empowered Official
; Requisition ID: 093069
# L-3 Warrior Sensor Systems; Londonderry, NH; Purchasing & Compliance Manager; Requisition ID:096596
 L-3 Warrior Sensor Systems; Middle East;
International Business Development Manager – Middle East Region
; Requisition ID: 093343
* L-3; Ann Arbor, MI; Trade Compliance Manager; Requisition ID: 092335

# L-3; Grand Rapids, MI;
Sr. Trade Compliance Administrator; Requisition ID: 097197

* L-3; Greenville, TX; International Trade Compliance Administrator 3; Requisition ID: 095830
* L-3; Greenville, TX; Import/Export Administrator 3; Requisition ID: 095921

# L-3; Arlington, TX;
Compliance Manager; Requisition ID: 098246

# Mattson Technology; Fremont, California;
Import/Export Compliance Analyst;

* Maersk/DAMCO; Agent de transit IMPORT – EXPORT; Job Ref.: DC-164022
* Mattson Technology; Fremont, California; Import/Export Compliance Analyst;
* Medtronic; Heerlen, The Netherlands;
Trade Compliance Analyst
; Requisition ID: 16000DYY
* Medtronic; Wash DC;
Global Trade Lawyer
; Requisition ID: 170002ON

* Meggit; Akron, OH; Manager, Trade Compliance;
* Meggit; Los Angeles, CA; Trade Compliance Officer;
# Meggit; Miami, FL;
Trade Compliance Officer;
# Meggit; Tucson, AZ; 
Trade Compliance Specialist;
* Mitchell Martin, Inc.; Dallas, Texas; Export Regulatory Trade Compliance Specialist; Requisition ID: 104405
* 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

 Northrop Grumman; Herndon, VA;
Manager, International Trade Compliance 2
; Requisition ID: 17022805
 Northrop Grumman; Huntsville, AL;
International Trade Compliance 3
; Requisition ID: 17026172
* Northrop Grumman; El Segundo, CA; Supply Chain Logistics Spec 3; Requisition ID: 18004948

* Office of the Director of National Intelligence; McLean, VA;
Associate General Counsel
# Orbital ATK, Inc.; Dulles, VA; Principal Import/Export Analyst
; Job ID:  JAY20182304-45242.
* 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

# Pentair; Illinois, USA; Import/Export Compliance Specialist; Requisition ID: 115774
# Pentair; Illinois, USA; Import/Export Compliance Specialist; Requisition ID: 115926
* PerkinElmer, Inc.; Shelton, CT; International Trade Compliance – Export Coordinator;

* PerkinElmer, Inc.; Shelton, CT;
Systems Analyst, Trade Compliance Solutions;

* PwC; Portland, OR; Compliance Senior Manager
* Raytheon Company; Doha, Qatar;
Global Trade Compliance Consulting Analyst
; Requisition ID: 110234BR

* Raytheon Company; McKinney, TX; Global Trade Licensing Analyst;
* 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; Tucson, AZ;
Sr. Export Licensing Specialist
 Requisition ID: 

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

ID: 108960BR; 

* Raytheon Company; Tucson, AZ;
Export License & Compliance Specialist
; Requisition ID: 

Raytheon Company; Tucson, AZ;
Trade Compliance Principal Investigator
; Requisition ID: 

* Raytheon Company; Tewksbury, MA;
Licensing Manager
; Requisition ID: 

* Raytheon Company; Waltham, MA; 
Licensing Manager
; Requisition ID: 
* 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:


 SABIC; Houston TX; 
Senior Analyst, Trade Compliance
; 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

* Talascend; Ft Worth, TX; Trade Compliance Classification Analyst;
* TE Connectivity; Middletown, PA; Manager II, Global Trade Compliance; Requisition ID: 17361
* Teledyne Benthos; Falmouth, MA; Export Compliance Manager
* Teledyne Geophysical; Houston, TX; Trade Compliance Specialist; Requisition ID: 2017-5459

* Teledyne Microwave Solutions; Mountain View, CA; 
Trade Compliance Specialist
; 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
* Terumo Medical Corporation; Somerset, NJ; Senior Global Trade Compliance Specialist;
 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 

* T
hermo Fisher Scientific; Franklin, MA; 
Trade Compliance Specialist
; Job ID: 

* T
hermo Fisher Scientific; Carlsbad, CA; 
Compliance Specialist II
; Job ID: 

* T
hermo Fisher Scientific; Suwanee, GA;
Export Compliance Specialist III
; Job ID:

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

* Toyota North America; Dallas, TX; Export Control Analyst
 Tradewin; Portland, OR;
U.S. Export Compliance Consultant

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

# United Technologies – Pratt & Whitney; East Hartford, CT; 
International Trade Compliance IT Systems & Integration Mgr.
; Requisition ID: 62310BR

* United Technologies – Pratt & Whitney; East Hartford, CT;
International Trade Compliance (ITC) Specialist; Requisition ID: 49375BR

* United Technologies – Pratt & Whitney; East Hartford, CT;
International Trade Compliance Manager; Requisition ID:  62176BR

* United Technologies – Pratt & Whitney; East Hartford, CT;
International Trade Compliance Authorizations Manager; Requisition ID: 63222BR

* United Technologies – Pratt & Whitney, East Hartford, CT;
International Trade Compliance Technology Senior Manager; Requisition ID: 55944BR

* United Technologies Corp, Pratt & Whitney; East Hartford, CT;
ITC & ACE Compliance Program Manager, ASC
; Requisition ID: 58388BR

* Varian; Belgium, Switzerland, Netherlands, or UK; EMEIA Trade Lead – Senior Manager Trade Compliance; Requisition ID: 12301BR; Contact 
Gavin Tickner at 
* Varian; Paolo Alto, CA; Senior Trade Compliance Analyst; Requisition ID: 12735BR; Contact 
Uyen Tran at
* Varian; Beijing, China;
Trade Compliance Analyst
; Requisition ID: 
12297BR; Contact 
Susan Lin at
* 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

* Xylem, Inc; Morton Grove, IL;
Trade Compliance Specialist;

* Zeiss Group; Thornwood, NY;
Trade Compliance Specialist
* Zimmer Biomet; Warsaw, IN; Trade Compliance Manager

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


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


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

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

The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register.  The latest amendments to applicable regulations are listed below.
: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War
  – Last Amendment: 15 Jan 2016: 81 FR 2657-2723: Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect To Making or Transferring a Firearm. 
: 19 CFR, Ch. 1, Pts. 0-199
  – Last Amendment: 12 Apr 2018: 83 FR 15736-15740: CBP Decision No. 18-04; Definition of Importer Security Filing Importer (ISF Importer)

  – Last Amendment: 18 May 2016: Change 2
: Implement an insider threat program; reporting requirements for Cleared Defense Contractors; alignment with Federal standards for classified information systems; incorporated and cancelled Supp. 1 to the NISPOM (Summary 

: 15 CFR Subtit. B, Ch. VII, Pts. 730-774

  – Last Amendment: 
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.]

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

  – Last Amendment: 19 Mar 2018:
83 FR 11876-11881: Inflation Adjustment of Civil Monetary Penalties 

: 15 CFR Part 30
  – Last Amendment: 24 Apr 2018: 3 FR 17749-17751: Foreign Trade Regulations (FTR): Clarification on the Collection and Confidentiality of Kimberley Process Certificates
  – HTS codes that are not valid for AES are available
  – The latest edition (30 Apr 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.  
, 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: 4 May 2018: Harmonized System Update 1807, containing 289 ABI records and 60 harmonized tariff records.
  – HTS codes for AES are available 
  – HTS codes that are not valid for AES are available 


  – 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: 25 Apr 2018) of the ITAR with all amendments is contained in Bartlett’s Annotated 

, by James E. Bartlett III. The BITAR contains all ITAR amendments to date, plus a large Index, over 800 footnotes containing amendment histories, case annotations, practice tips, DDTC guidance, and explanations of errors in the official ITAR text. Subscribers receive updated copies of the BITAR in Word by email, usually revised within 24 hours after every ITAR amendment.
 The BITAR is available by annual subscription from the Full Circle Compliance
. BAFTR subscribers receive a 25% discount on subscriptions to the BITAR, please
contact us
to receive your discount code.

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

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 

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


* The Ex/Im Daily Update is a publication of FCC Advisory B.V., compiled by: Editor, James E. Bartlett III; Assistant Editors, Alexander P. Bosch and Vincent J.A. Goossen; and Events & Jobs Editor, John Bartlett. The Ex/Im Daily Update is emailed every business day to approximately 8,000 readers of changes to defense and high-tech trade laws and regulations. We check the following sources daily: Federal Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP, DOE/NRC, DOJ/ATF, DoD/DSS, DoD/DTSA, FAR/DFARS, State/DDTC, Treasury/OFAC, White House, and similar websites of Australia, Canada, U.K., and other countries and international organizations.  Due to space limitations, we do not post Arms Sales notifications, Denied Party listings, or Customs AD/CVD items.

* RIGHTS & RESTRICTIONS: This email contains no proprietary, classified, or export-controlled information. All items are obtained from public sources or are published with permission of private contributors, and may be freely circulated without further permission, provided attribution is given to “The Export/Import Daily Bugle of (date)”. Any further use of contributors’ material, however, must comply with applicable copyright laws.

* CAVEAT: The contents of this newsletter cannot be relied upon as legal or expert advice.  Consult your own legal counsel or compliance specialists before taking actions based upon news items or opinions from this or other unofficial sources.  If any U.S. federal tax issue is discussed in this communication, it was not intended or written by the author or sender for tax or legal advice, and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or tax-related matter.

* SUBSCRIPTIONS: Subscriptions are free.  Subscribe by completing the request form on the Full Circle Compliance website

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

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