18-0702 Monday “Daily Bugle”

18-0702 Monday “Daily Bugle”

Monday, 2 July 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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  1. Justice/ATF Seeks Comments on Transactions Among Licensee/Permittees and Transactions Among Licensees and Holders of User Permits 
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. DHS/CBP Posts Notice on Section 232 Steel and Aluminum Absolute Quota, Effective 1 July
  4. DHS/CBP Adds Error Code 210 to Cargo Release Condition Codes
  5. DHS/CBP Updates Entry Summary and HTS CERT for Section 301 Filings Requirements
  6. DoD/DSS Knowledge Center PCL Inquiries Closure Due to 4th of July
  7. State/DDTC: (No new postings.)
  8. Treasury/OFAC Posts Reminder for the Annual Report of Blocked Property
  9. Canada Imposes Countermeasures Action against the United States in Response to Tariffs on Canadian Steel and Aluminum Products
  1. Defense News: “Finnish Investigative Office Rules on Patria Export License to UAE”
  2. PressTV: “Belgian Court Suspends Arms Exports to Saudi Arabia”
  3. ST&R Trade Report: “Court May Compel Issuance of TFTEA Drawback Regulations”
  1. D. Kyle: “What Corporate Lawyers and Businesses Should Know About Customs Compliance”
  2. M. Lester: “President Trump Gives EU Companies Sanctions Warning over Iran”
  3. R.C. Thomsen II, A.D. Paytas & M.M. Shomali: “Changes to Export Controls in June 2018”
  4. T.M. Polino, B. Matthiesen & A. Kakar: “Canada Releases Final List of Retaliatory Tariffs”
  1. Monday List of Ex/Im Job Openings: 212 Jobs Posted This Week, Including 17 New Jobs
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: ATF (15 Jan 2016), Customs (12 Jun 2018), DOD/NISPOM (18 May 2016), EAR (6 Jun 2018), FACR/OFAC (29 Jun 2018), FTR (24 Apr 2018), HTSUS (8 Jun 2018), ITAR (14 Feb 2018) 
  3. Weekly Highlights of the Daily Bugle Top Stories 



Federal Register, 2 July 2018.) [Excerpts.]
83 FR 30956: Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension Without Change of a Currently Approved Collection; Transactions Among Licensee/Permittees and Transactions Among Licensees and Holders of User Permits
* AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.
* ACTION: 60-Day notice. …
* DATES: Comments are encouraged and will be accepted for 60 days until August 31, 2018.
* FOR FURTHER INFORMATION CONTACT: If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any additional information, please contact Anita Scheddel, Program Analyst, Explosives Industry Programs Branch, either by mail 99 New York Ave. NE, Washington, DC 20226, or by email at eipb-informationcollection@atf.gov, or bytelephone at 202-648-7158.
  – The Title of the Form/Collection: Transactions Among Licensee/Permittees and Transactions Among Licensees and Holders of User Permits. …
  – Form number (if applicable): None.
  – Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. …
  – Abstract: This information collection requires specific transactions for licensee/permittees and holders of user permits. These requirements are outlined in 27 CFR part 555.103 in order to comply with the Safe Explosives Act. …
   If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530.
   Dated: June 27, 2018.
Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice.

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

[No items of interest noted today.] 

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Commerce/BIS: (No new postings.)

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CSMS #18-000412, 29 June 2018.)
Pursuant to the Presidential Proclamation for articles subject to section 232 measures, imports of steel mill products from Argentina, Brazil and South Korea; and imports of aluminum products from Argentina; entered on or after 12:01 am eastern daylight time on June 1, 2018, are subject to absolute quota. Steel and aluminum products subject to section 232 absolute quota should be filed with appropriate classification and corresponding absolute quota entry type.
Effective July 1, 2018, steel and aluminum products, subject to the Presidential Proclamation, for absolute quota will be subject to a quarterly threshold, beginning with third quarter July 1, 2018 through September 30, 2018. Quota bulletins, QB 18-126 for steel mill articles and QB 18-127 for aluminum products is posted to
cbp.gov, quota page.
For additional information on absolute quota on steel and aluminum products, please refer to
cbp.gov quota page. Please note quantities listed in quota bulletins are estimates as of June 28, 2018; actual amounts will be posted in the July 2, 2018 quota commodity status report on CBP.gov. These amounts are provided for your convenience.
If you need assistance or have questions, contact the Headquarters Quota and Agriculture Branch (QAB) at HQ QUOTA
HQQUOTA@cbp.dhs.gov or call (202) 863-6560.

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CSMS #18-000414, 2 July 2018.)
A new error code (210 – ENTRY TYPE CODE CHANGE IS NOT ALLOWED) was added to the Cargo Release Condition Codes. This error will appear when an update or delete transaction is submitted with an entry type that does not match with the entry type on file. The new version of the Cargo Release Condition Codes document is available on cbp.gov.

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CSMS #18-000413, 2 July 2018.)
ACE Entry Summary and HTS file in ACE Certification have been updated in support of filings requirements for Section 301, and are now available for trade testing.

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DoD/DSS, 2 July 2018
Personnel Security (PCL) inquiries (option #2), to include e-QIP authentication resets, of the DSS Knowledge Center will be closing at 3 p.m. EDT on 3 July 2018, and will resume normal operations for PCL and e-QIP inquiries on Thursday, 5 July 2018.

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Treasury/OFAC, 2 July 2018.)
31 C.F.R. § 501.603 requires persons holding property blocked pursuant to OFAC sanctions regulations published in Chapter V of Title 31 of the Code of Federal Regulations to provide the Office of Foreign Assets Control (OFAC) with a comprehensive list of all blocked property held as of June 30 of the current year by September 30.  Persons that do not hold blocked property as of June 30 do not need to file an Annual Report of Blocked Property (ARBP).  Please note that the term blocked property only applies to property that is blocked pursuant to OFAC regulations. Property that has been unblocked by a general or specific license, but that has not been returned to its owner, is not blocked property, and should not be reported to OFAC in the ARBP. This includes, for example, property of the Government of Sudan unblocked as a result of the January 17, 2017 issuance of the general license found at 31 C.F.R. § 538.540. Similarly, a restricted account of a person ordinarily resident in Iran is not blocked, and should not be reported to OFAC in the ARBP, unless there is an interest in the account of a person whose property and interests in property are blocked pursuant to an applicable sanctions authority.
The annual reports must be filed using Form TD F 90-22.50, Annual Report of Blocked Property.  If your institution holds 20 or more blocked accounts, OFAC recommends, but does not require, supplementing Part B of your ARBP with a spreadsheet along with your completed form.  Please send completed forms to OFACReport@treasury.gov.  Failure to submit a required report by September 30 constitutes a violation of 31 C.F.R. Part 501 (“Reporting, Procedures and Penalties Regulations”).  Click here to view OFAC’s Guidance on Filing the Annual Report of Blocked Property for additional guidance.  

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Canada/Finance, 29 June 2018.) [Excerpts.]
On May 31, 2018, the United States (U.S.) announced the imposition of tariffs on imports of certain steel and aluminum products from Canada (at the rates of 25% and 10%, respectively). 
In response to these measures, Canada intends to impose surtaxes or similar trade-restrictive countermeasures against up to C$16.6 billion in imports of steel, aluminum, and other products from the U.S., representing the value of 2017 Canadian exports affected by the U.S. measures.  The Government is also considering whether additional measures may be required.
Scope of countermeasures
The products subject to countermeasures will be drawn from those listed in Tables 1 and 2 here.  Goods selected from Table 1 will be subject to a 25 per cent surtax or similar trade-restrictive measures.  Goods selected from Table 2 will be subject to a 10 per cent surtax or similar trade-restrictive measures.
These countermeasures will only apply to goods originating from the U.S., which shall be considered as those goods eligible to be marked as a good of the U.S. in accordance with the
Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations.
These countermeasures will take effect on July 1, 2018 and will remain in place until the U.S. eliminates its trade-restrictive measures against Canada.  The countermeasures will not apply to U.S. goods that are in transit to Canada on the day on which these countermeasures come into force.
The list of products outlined at the heading, subheading or tariff item level in Tables 1 and 2 should be read in conjunction with the Schedule to
Canada’s Customs Tariff
Address for comments
Comments and general inquiries should be sent to the following address: International Trade Policy Division (U.S. 232 Retaliation Consultations), Department of Finance, James Michael Flaherty Building, 14th Floor, 90 Elgin Street, Ottawa, Ontario K1A 0G5, 613-369-4024 (fax), (
email). …

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. Defense News: “Finnish Investigative Office Rules on Patria Export License to UAE”

Defense News, 2 July 2018.) [Excerpts.]
In investigative report by Finland’s Chancellor of Justice has cleared the center-right government of any impropriety or irregularities in the awarding of a military export licence to Patria to cover the sale of armored personnel carriers to the United Arab Emirates.
The CoJ’s ruling stated that the government’s decision to approve the UAE export deal complied with all laws regulating the sale of weapons systems and military equipment to foreign states. The CoJ’s ruling clears the way for Patria to begin APC deliveries to the UAE.
“The export deal is not without controversy. In terms of abiding by the letter of the law, the sale and export agreement conformed to all rules and regulations. That said, the government made its decision knowing the UAE is involved in a civil war conflict in Yemen,” Justice Chancellor Tuomas Pöysti said.
The CoJ made special mention of the Ministry of Defence in its report, recommending it improve consultative communications with the United Nations Human Rights Council and other U.N. organizations before approving arms export licenses to countries and regions involved in armed conflict. …
Finland’s arms export laws conform to standards set by the U.N.’s Arms Trade Treaty, in addition to the European Union’s rules governing oversight of defense companies. The export-license process also takes other factors into account, such as human rights, national security and political stability in the region to where military equipment is being sold. …

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PressTV, 1 July 2018.) [Excerpts.]
Belgium’s Supreme Administrative Court has suspended eight licenses for export of arms to Saudi Arabia, citing the kingdom’s human rights record.
The court said authorities in Belgium’s French-speaking Wallonia region had failed to examine the kingdom’s human rights record before issuing the permits.
The decision affected planned sales to the kingdom by Belgium’s leading weapons manufacturer FN Herstal, which is based in the region.
Also known as Fabrique Nationale, the company specializes in making firearms, ranging from pistols to heavy machineguns.
Last year, the kingdom bought €153 million ($179 million) worth of arms from the company. Two years earlier, it had bought more than €575 million ($672 million) — 65 percent of Wallonia’s arms exports.
Last September, the European Parliament approved a resolution calling on the European Union to impose an arms embargo on Saudi Arabia as accusations flew against Riyadh of rampant rights violations and arms abuse. …
Back in January, Germany stopped approving licenses allowing arms sales to Saudi Arabia due to its involvement in the warfare.

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. ST&R Trade Report: “Court May Compel Issuance of TFTEA Drawback Regulations”

The Court of International Trade has ruled that if U.S. Customs and Border Protection does not issue by July 5 regulations implementing the changes to drawback law made by the Trade Facilitation and Trade Enforcement Act it will create its own deadline and remedy for claimants. However, the CIT declined to require that CBP pay accelerated payment to claimants filing under the TFTEA changes.
Drawback is the refund of up to 99 percent of certain duties, internal revenue taxes, and fees collected on imports once either the imported substituted product or the article that has been manufactured from that product has been exported or destroyed. TFTEA made numerous changes to simplify the drawback law, including standardizing the time frames for filing claims and modernizing recordkeeping requirements. TFTEA also allows substitution drawback claims based on goods within the same eight-digit HTSUS number as well as claims against imports and exports that are within five years of the date of the claim.
Drawback claimants have been able to utilize these statutory changes since they took effect Feb. 24. Without accelerated payment, however, claimants have been seeing no immediate benefit from filing under the new law. CBP has asserted that it cannot provide accelerated payment until calculation provisions under the implementing regulations become final. TFTEA required CBP to issue those regulations by Feb. 24 but the rules have been held up in interagency review, leaving claimants in limbo. In response, a number of companies filed a lawsuit seeking to force CBP to, among other things, pay accelerated payment to drawback claimants filing under the TFTEA and meet the statutory mandate to issue regulations.  
While CIT judge Jane Restani declined to order CBP to pay accelerated drawback, she did say the agency should issue a proposed rule by July 5. If that does not happen she plans to set forth a briefing schedule allowing the plaintiffs to recommend remedies she could consider, such as compelling the issuance of the regulations by a particular date. While it appears unlikely that CBP will meet the July 5 deadline, as the proposed rule is still under review by the Office of Management and Budget, it may be able to do so by July 27, when briefs are due to the CIT.
Restani also said that if CBP cannot issue the entire regulatory package by July 5 it should at least issue regulations for important pieces of the package that satisfy the TFTEA mandate, such as those addressing the calculation methodology. The plaintiffs had argued that the proposed regulatory package included far more than was necessary to implement the TFTEA changes, resulting in a purported 450-page document that was taking too long to complete the interagency process.
It is also unclear when the TFTEA drawback regulations may become final. CBP has stated that it will not liquidate or pay accelerated payment until final regulations are issued, which will not occur until CBP has provided a notice and comment period and reviewed any input received. The CIT decision does not address how long that process may take.

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14. D. Kyle: “What Corporate Lawyers and Businesses Should Know About Customs Compliance”

(Source: Torres Law, PLLC, 23 June 2018.)
* Author: Derrick Kyle, Esq., Torres Law, PLLC,
info@torrestradelaw.com, +1 214-295-8473.
Since the Trade Facilitation and Trade Enforcement Act of 2015 (“TFTEA”) was signed into law in February 2016, U.S. Customs and Border Protection (“CBP”) has increased enforcement of U.S. import laws and regulations. Increased enforcement and associated risks should drive an increased focus by importers on compliance with CBP regulations. However, there remains a knowledge gap among some importing companies and non-trade attorneys related to a few of the basics of import regulations. In this regard, businesses and corporate attorneys should familiarize themselves with the issues below in order to navigate the increasingly risky waters of customs compliance. 
Every item imported into the United States must be classified according to a 10-digit code listed in the
Harmonized Tariff Schedule of the United States (“HTSUS”). The HTSUS consists of 99 Chapters and captures nearly all articles in international commerce, ranging from live animals to works of art and antiques. Typically, the first six digits of an HTSUS code are harmonized to correspond to the first six digits of most other countries’ tariff classification for the same item.[FN/1]
The HTSUS code for merchandise determines the amount of duty to be paid upon entry. If the classification of the merchandise is incorrect, the duty paid will likely also be incorrect, potentially leaving the importer liable for unpaid duties or causing an overpayment of the appropriate duty amount. The HTSUS code also alerts the importer to potential special duty rate programs (
e.g., free trade agreements and the Generalized System of Preferences (“GSP”)[FN/2]). Upon entry, the declared HTSUS code will also alert CBP to any further requirements mandated by other government agencies, like the Food and Drug Administration or Environmental Protection Agency.
Calculating the value to be reported for merchandise upon entry may seem like a straightforward proposition. In reality, customs valuations can be quite complicated and are a major stumbling block for many companies. First, there are six methods for determining customs valuation, applied in sequential order:  
  (1) transaction value;  
  (2) transaction value of identical merchandise;
  (3) transaction value of similar merchandise;
  (4) deductive value;
  (5) computed value; and  
  (6) a combination of the other methods “reasonably adjusted” to arrive at a value.
In addition to selecting the appropriate valuation method, the importer must consider multiple other factors that may affect the value of the import, including, but certainly not limited to, related party transactions, assists, inland freight charges, and buying/selling commissions.  In an attempt to address all the potential pitfalls of customs valuation, CBP has published its ”
Valuation Encyclopedia,” a 580-page document devoted to key issues related to customs valuation.
Reasonable Care
Per 19 U.S.C. § 1484, importers are required to use “reasonable care” when entering merchandise into the United States. This requirement applies to classification, valuation, and all other such documentation or information necessary for CBP to assess the correct duty and ensure all applicable requirements are met. To assist importers in the exercise of reasonable care, CBP has published a
list of questions to be answered by the company for each import transaction. This reasonable care “checklist” is not exhaustive. Every import transaction will be different, and whether or not reasonable care is exercised will depend on the specific facts and circumstances of the import transaction.
If a company finds that it has not been exercising reasonable care in importing merchandise, it should review its past five years of import transactions and determine whether it has entered merchandise in violation of 19 U.S.C. § 1592. [FN/3] Section 1592 prohibits the entry or attempted entry by fraud, gross negligence, or negligence of merchandise using (1) documents, electronically transmitted information, written or oral statements, or acts which are material and false, or (2) material omissions. If a §1592 violation is discovered, the company, with assistance from legal counsel as necessary, should determine whether it would benefit from filing a prior disclosure of the violations with CBP. (Torres Law has previously addressed this topic in the article
Should I File a Customs Prior Disclosure?)
ACE Reports
Those unfamiliar with customs compliance may be uncertain about the ability to effectively or efficiently conduct a five-year review of import transactions as mentioned above. The prospect of sorting through hundreds or thousands of invoices and other entry documents is understandably daunting-and that assumes the necessary records have even been maintained. However, CBP’s Automated Commercial Environment (“ACE”) is a useful tool to efficiently analyze import data. Within the ACE portal, importers and other parties to which the importer has given ACE access are able to create and customize import reports that can be exported to an Excel spreadsheet for easy viewing and analysis. Experienced import professionals will likely be very familiar with these reports.
To gain access to ACE reports, one must first apply for an ACE portal account on CBP’s website. (Before applying, check with the shipping/receiving, import, export, and trade compliance departments to confirm the company does not already have an account.) Once an ACE account is established, a user is able to run the import report based on a variety of different data elements and filters. It may be helpful to first be familiar with CBP’s
Training and User Guides for creating reports. Importantly, the import information within ACE is the same data that is available to CBP for the purpose of monitoring imports and selecting audit targets.
TFTEA and Priority Trade Issues
As noted above, TFTEA has led to increased enforcement efforts on a variety of fronts, including more aggressive enforcement of: antidumping and countervailing duty (“AD/CVD”) orders; forced labor import prohibitions; and intellectual property rights of rightful owners. These and other issues were designated by TFTEA as “Priority Trade Issues.” CBP’s current Priority Trade Issues, largely culled from TFTEA, include enforcement of:   
  – Agriculture and Quotas
  – AD/CVD
  – Import Safety (Prevention of Unsafe Product Entry)
  – Intellectual Property Rights
  – Revenue
  – Textiles/Wearing Apparel
  – Trade Agreements
Given these priorities, businesses involved in the import of textiles or agricultural products, as well as companies that utilize free trade agreements or import products potentially subject to AD/CVD laws, should be especially cautious. Further, CBP’s focus on revenue collection reinforces the need for importers to exercise reasonable care to prevent the misclassification and undervaluation of imports.
Areas of Risk
One central risk for many companies is the failure to adhere to CBP recordkeeping requirements. An owner, importer, consignee, importer of record, entry filer, or other person who imports into the United States is required to maintain records for five years following the import and must make those records available for examination by CBP upon request. Records that are required to be maintained are listed at 19 C.F.R. § 163, including air waybills/bills of lading, Customs Form 3461, Customs Form 7533, a broker’s power of attorney, commercial invoices, and various other documents specific to the import.
Customs brokers can also be sources of significant compliance risk. A good broker is often indispensable and can help guide your company or client through many of the complex, technical issues related to the proper entry of merchandise. However, some companies get into trouble when they become too reliant on their customs broker, utilize too many customs brokers, or fail to actively monitor the work of their customs brokers. An uninformed or unmonitored customs broker can also introduce a variety of risks under other legal regimes, such as export controls, economic sanctions, or anti-corruption.
Accordingly, importing companies must take responsibility for their own customs compliance because CBP will ultimately hold the importer, not its broker, responsible for ensuring that imports meet all applicable laws and regulations. Many minor (and major) issues with customs brokers can be corrected by simply auditing a percentage of imports every month or quarter by, for example, reviewing an ACE import report.
  [FN/1] The HTSUS and most other tariff classification systems are based on the Harmonized Commodity Description and Coding System, generally referred to as the “Harmonized System,” promulgated by the World Customs Organization (“WCO”). According to the WCO, over 98% of merchandise in international trade is classified in terms of the Harmonized System.
What Is the Harmonized System?, World Customs Organization (last visited June 5, 2018).
  [FN/2] The GSP is the U.S.’s largest trade preference program and allows for duty-free entry of over 3,500 specified products from 120 designated beneficiary countries.
  [FN/3] The statute of limitations for a negligent or grossly negligent violation of §1592 is five years from the date of the violation.

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15. M. Lester: “President Trump Gives EU Companies Sanctions Warning over Iran”

(Source: European Sanctions Blog, 2 July 2018.)
* Author: Maya Lester, Esq., Brick Court Chambers, maya.lester@brickcourt.co.uk, +44 20 7379 3550.
In an interview with Fox News yesterday (1 July 2018), US President Donald Trump stated that European companies would face secondary sanctions if they continued to do business with Iran in violation of US sanctions (which were being re-imposed in light of the US decision to withdraw from the JCPOA). President Trump also said that European companies would not be granted exemptions/waivers from US Iran sanctions. Last month, the E3 signed a joint letter to US Treasury Secretary Steven Mnuchin and Secretary of State Mike Pompeo requesting EU and UK exemptions from US Iran secondary sanctions (previous blog).

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16. R.C. Thomsen II, A.D. Paytas & M.M. Shomali: “Changes to Export Controls in June 2018”
(Source: Thomsen and Burke LLP, 30 June 2018. Available by subscription via maher@t-b.com.) [Excerpts.]
* 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.
This memo summarizes the regulatory and enforcement developments with respect to U.S. and multilateral export controls during the month of June 2018. …
Update on the ZTE Sanctions
Earlier this month, the Commerce Department announced in a press release that Zhongxing Telecommunications Equipment Corporation, of Shenzhen, China and ZTE Kangxun Telecommunications Ltd. of Hi-New Shenzhen, China (collectively, “ZTE”) has agreed to severe additional penalties and compliance measures to replace the U.S. Commerce Department’s Bureau of Industry and Security (BIS) denial order imposed in April 2018 as a result of ZTE’s violations of its March 2017 settlement agreement. We note, however, that ZTE remains on the Denied Persons List and the April 2018 Denial Order remains in place until further notice from BIS, which we expect to be in the form of a Federal Register notice.
According to the press release, ZTE must pay $1 billion and place an additional $400 million in suspended penalty money in escrow before BIS will remove ZTE from the Denied Persons List. These penalties are in addition to the $892 million in penalties ZTE has already paid to the U.S government under the March 2017 settlement agreement.
ZTE will also be required by the new agreement to retain a team of special compliance coordinators selected by and answerable to BIS for a period of 10 years. Their function will be to monitor on a real-time basis ZTE’s compliance with U.S. export control laws. This is the first time BIS has achieved such stringent compliance measures in any case. ZTE is also required under the new agreement to replace the entire board of directors and senior leadership for both entities.
Finally, the new agreement once again imposes a denial order that is suspended, this time for 10 years, which BIS can activate in the event of additional violations during the ten-year probationary period. These collectively are the most severe penalty BIS has ever imposed on a company.
We are still waiting for confirmation that ZTE has fulfilled the requirements of the settlement agreement, and will update you as soon as additional information is available to us, but for now, the denial order remains in place until further notice.
Web Links
Australia Group Implementation
BIS published a final rule to make certain conforming changes based on the revisions to Export Control Classification Number (ECCN) 1C350 on the Commerce Control List (CCL) contained in a final rule published on April 2, 2018. That final rule amended the Export Administration Regulations (EAR) to implement the recommendations presented at the February 2017 Australia Group (AG) Intersessional Implementation Meeting, and later adopted pursuant to the AG silent approval procedure, and the recommendations made at the June 2017 AG Plenary Implementation Meeting and adopted by the AG Plenary. Among other changes, the April 2, 2018, final rule amended ECCN 1C350 by renumbering paragraphs .b through .d in alphabetical order. Following the publication of that rule, however, certain references to ECCN 1C350.c and 1C350.d in the description of items eligible under the validated end-user authorization (VEU) provisions of the EAR no longer identified the correct subparagraphs in ECCN 1C350 because the rule inadvertently failed to update the references to ECCN 1C350.c and 1C350.d in the description of eligible items for three of the validated end-users identified in Supplement No. 7 to part 748 (Authorization Validated End-User (VEU)) of the EAR. This final rule amends the VEU provisions to provide the correct references to eligible items in ECCN 1C350 for three validated end-users.
Amendments to the Iranian Transactions and Sanctions Regulations
OFAC amended the Iranian Transactions and Sanctions Regulations (ITSR) to implement the President’s May 8, 2018 decision to end the United States’ participation in the Joint Comprehensive Plan of Action (JCPOA) on Iran’s nuclear program, as outlined in National Security Presidential Memorandum-11 of May 8, 2018 (NSPM-11).
Specifically, OFAC is amending the ITSR to:
  – Amend the general licenses authorizing the importation into the United States of, and dealings in, Iranian-origin carpets and foodstuffs, as well as related letters of credit and brokering services, to narrow the scope of such general licenses to the wind down of such activities through August 6, 2018;
  – Add a new general license to authorize the wind down, through August 6, 2018, of transactions related to the negotiation of contingent contracts for activities eligible for authorization under the Statement of Licensing Policy for Activities Related to the Export or Re-export to Iran of Commercial Passenger Aircraft and Related Parts and Services, which was rescinded following the issuance of NSPM-11; and
  – Add a new general license to authorize the wind down, through November 4, 2018, of certain transactions relating to foreign entities owned or controlled by a United States person.
On May 8, 2018, the President issued NSPM-11, which set forth his decision to end President directed the Secretary of State and the Secretary of the Treasury to immediately begin taking steps to re-impose all United States sanctions lifted or waived in connection with the JCPOA as expeditiously as possible, and in no case later than 180 days from the date of NSPM-11. OFAC is amending the ITSR, 31 CFR part 560, to issue wind-down authorizations for activities involving Iran that were previously authorized by OFAC in connection with the U.S. sanctions relief provided for under the JCPOA. In conjunction with this action, OFAC has revoked General License H and General License I, two authorizations for activities involving Iran that were previously issued by OFAC in connection with the U.S. sanctions relief provided for under the JCPOA.
First, OFAC is amending §560.534 to narrow the scope of that general license to authorize, through 11:59 p.m. eastern daylight time on August 6, 2018, only the wind down of transactions related to the importation into the United States of, and dealings in, certain Iranian-origin foodstuffs and carpets. U.S. persons will be authorized to engage in all transactions and activities that are ordinarily incident and necessary to the wind down of transactions that were previously authorized under §560.534. After 11:59 p.m. eastern daylight time on August 6, 2018, no further transactions are authorized under amended §560.534.
OFAC is also amending §560.535 to narrow the scope of that general license to authorize, through 11:59 p.m. eastern daylight time on August 6, 2018, only the wind down of transactions related to letters of credit and brokering services relating to certain Iranian-origin foodstuffs and carpets. U.S. persons will be authorized to engage in all transactions and activities that are ordinarily incident and necessary to the wind down of transactions that were previously authorized under §560.535. After 11:59 p.m. eastern daylight time on August 6, 2018, no further transactions are authorized under amended §560.535.
In addition, OFAC is adding §560.536 to authorize, through 11:59 p.m. eastern daylight time on August 6, 2018, all transactions and activities that are ordinarily incident and necessary to the wind down of transactions related to the negotiation of contingent contracts for activities that were, at the time of the negotiation, eligible for authorization under the JCPOA SLP. This wind-down authorization enables U.S. persons to wind down, through August 6, 2018, activities that were previously authorized pursuant to General License I. In conjunction with this action, OFAC has revoked General License I and has posted an archived version of General License I on its website for reference purposes. After 11:59 p.m. eastern daylight time on August 6, 2018, no further transactions are authorized under §560.536.
Finally, OFAC is adding §560.537 to authorize through November 4, 2018 all transactions and activities that are ordinarily incident and necessary to the wind down of transactions relating to foreign entities owned or controlled by a United States person that were previously authorized under General License H. In conjunction with this action, OFAC has revoked General License H and has posted an archived version of General License H on its website for reference purposes.
Removal of the Sudanese Sanctions Regulations
OFAC has removed from the Code of Federal Regulations the Sudanese Sanctions Regulations as a result of the revocation of certain provisions of one Executive Order and the entirety of another Executive Order on which the regulations were based. OFAC is also amending the Terrorism List Government Sanctions Regulations to incorporate a general license authorizing certain transactions related to exports of agricultural commodities, medicines, and medical devices, which has, until now, appeared only on OFAC’s website.
U.S. persons and non-U.S. persons will still need to obtain any licenses required by the Department of Commerce’s Bureau of Industry and Security (BIS) to export or reexport to Sudan certain items (commodities, software, and technology) that are on the Commerce Control List (CCL), Supp. No. 1 to part 774 of the Export Administration Regulations, 15 CFR parts 730 through 774 (EAR).
There are some exemptions for narrow cases. For example, items designated as EAR99 are outside of the scope of BIS’s licensing requirements. There are also some License Exceptions available for exports to Sudan, including License Exception CCD, which authorizes the export of certain mass-market communications-related devices to Sudan.
The removal of OFAC-administered sanctions on Sudan will have a greater impact on businesses that either do not export controlled products, that only operate a service from the United States (e.g., a cloud-based web service), or that are foreign companies reexporting certain U.S.-origin items.
Vladimir Nevidomy of Hallandale Beach, Florida was sentenced to 26 months in prison, to be followed by three years of supervised release, for conspiring to illegally export military-grade night vision and thermal vision devices, and ammunition primers to Russia. According to information contained in court documents, from as early as April 2013 through November 2013, customers in Russia contacted Nevidomy by email requesting night vision rifle scopes, thermal monoculars and ammunition primers, all of which were on the U.S. Munitions List and subject to export control by the U.S. Department of State. Nevidomy proceeded to obtain at least three ATN MARS 4×4 night-vision rifle scopes and an ODIN 61BW thermal multi-purpose monocular from U.S. vendors by falsely representing to the vendors that the items were not for export.
After the U.S. vendors sent the night vision devices to Nevidomy in South Florida, he exported them to his co-defendant in Russia by either concealing the defense articles in household goods shipments sent through a freight forwarding company or using a private Russian postal service that operated in South Florida. In June 2013, Nevidomy aided and abetted the export of the ATN MARS 4×4 night-vision rifle scopes from the U.S. to the co-defendant in Russia, and in August 2013, he exported the ODIN 61BW thermal multi-purpose monocular from the U.S. to the co-defendant in Russia.
On or about July 19, 2013, the same co-defendant sent an email to Nevidomy requesting 1,000 large-rifle ammunition primers to be shipped to Vladivostok, Russia. On or about Oct. 2, 2013, Nevidomy attempted to export 1,000 Sellier & Bellot ammunition primers from the U.S. to the co-defendant in Vladivostok. These ammunition primers were seized by U.S. Customs and Border Protection.
These night vision rifle scopes, thermal monocular and ammunition primers required a license or other authorization from the U.S. Department of State before being exported from the U.S. since they were on the U.S. Munitions List. A certified license history check revealed that neither Nevidomy, a Ukraine-born naturalized U.S. citizen, nor his associates ever applied or attempted to apply for an export license from the State Department for the night-vision equipment or ammunition primers.
Ericsson AB (EAB), located in Sweden, and Ericsson, Inc. (EUS), located in Texas, both of which are subsidiaries of Telefonaktiebolaget LM Ericsson (“Ericsson”), have agreed to pay $145,893 to settle potential civil liability for an apparent violation of the International Emergency Economic Powers Act (IEEPA) and the Sudanese Sanctions Regulations, 31 C.F.R. part 538 (SSR).
On or around September 22, 2011, EAB signed a letter of intent with the Sudanese subsidiary of a third-country telecommunications company in order to provide equipment and services to upgrade and expand telecommunications network coverage in Sudan starting with a test network. Ericsson opted to connect its test network in Sudan via satellite, as it had done in other underdeveloped areas. Ericsson hired BCom Offshore SAL (BCom) to assist with installing, configuring, and servicing the satellite equipment destined for Sudan.
In late 2011, the high temperatures in Sudan caused some of Ericsson’s equipment to malfunction. In response, two now former EAB employees – a radio systems expert and project manager (EAB Employee #1), and a senior engagement director within EAB’s business unit responsible for managing the implementation of the Sudanese project (EAB Employee #2) -contacted an EUS subject matter specialist and director of business development with EUS’sHosted Satellite Group (EUS Employee) to request assistance. The EUS Employee initiallyresponded in a January 2, 2012 email to EAB Employee #1 and his manager (EAB Manager)among other EAB employees: “Please do not address any emails relating to this country [Sudan]to me. It is a serious matter and Ericsson can get fined and I can get fired.”
Notwithstanding the email cited above, the EAB personnel continued to discuss how to repair the damaged equipment with the EUS Employee while no longer referencing Sudan by name. For example, on January 27, 2012, EAB Employee #1 sent an email referencing Sudan by name to the EAB Manager and EUS Employee, to which the EAB Manager responded in Swedish “do not use that word ;).” Additionally, on February 22, 2012, the EUS Employee sent an email with “East Africa” in the subject line advising EAB Employee #1 and EAB Employee #2 on how to move forward with the Sudan project given the heat constraints.
On or about February 28, 2012, the EUS Employee met with EAB Employee #2 and the Chief Operating Officer (COO) of Ericsson’s principal subcontractor, BCom, in Barcelona, Spain at a sales conference to specifically discuss the overheating problem in Sudan. The group decided to solve the issue by purchasing an export controlled U.S.-origin satellite hub capable of withstanding the heat.
On March 22, 2012, at the direction of Employee #1, EAB purchased a satellite hub from a U.S.-based company for delivery to BCom’s office in Geneva, Switzerland. On or about March 28, 2012, EAB Employee #1 exchanged emails with Ericsson’s compliance department explaining what the satellite hub was for and why its purchase was necessary. Ericsson’s compliance department informed EAB Employee #1 that the supply of such a satellite hub to Sudan would violate Ericsson’s internal policy regarding sanctions compliance.
Despite the information from Ericsson’s compliance department, the EUS Employee, EAB Employee #1, and BCom’s COO agreed to provide the location of the customer purchasing the satellite hub as “Botswana” if future questions arose. Subsequently, on or about April 2, 2012, EAB Employee #1 structured Ericsson’s purchase of the satellite hub into a multistage transaction between EAB and BCom. The multistage transaction involved transshipping the hub through Switzerland and Lebanon, and ultimately to Sudan. Every stage of the transaction except the last was invoiced. BCom did not issue an invoice to EAB for the final stage of the transaction taking the satellite hub from Lebanon to Sudan. Ericsson has since terminated its relationship with BCom.
Naum Morgovsky and Irina Morgovsky, both of Hillsborough, California, pleaded guilty this month for their respective roles in a scheme to export components for the production of night vision and thermal devices in violation of the Arms Export Control Act. Naum Morgovsky also pleaded guilty to laundering the proceeds of from the scheme.
According to their guilty pleas, Naum Morgovsky and Irina Morgovsky admitted that from April 2012 until Aug. 25, 2016, they conspired to export without the necessary license to a company in Moscow, Russia, numerous scope components, including image intensifier tubes and lenses. They further admitted a coconspirator in Russia communicated to them lists of components necessary for the Russian business to manufacture certain night vision devises. The couple used their U.S. business, Hitek International, to purchase these components and misrepresented to the sellers that the products would not be exported. The couple then shipped the products to Russia and other countries in Europe where an associate arranged for them to be hand-carried into Russia. Further, the couple admitted the scope components they exported were on the U.S. Munitions List and that they therefore were not permitted to export the items without a license from the Department of State, Directorate of Defense Trade Controls. The defendants admitted they knew a license was required to export the components and that they did not obtain a license.
In addition to exporting the components, Naum Morgovsky admitted he took steps to conceal his crimes so that the couple could continue to run the illegal export business undetected. Specifically, he admitted he laundered the proceeds of the export crimes and used the name of a deceased person to conceal the fact that he was the source and owner of a U.S.-based account.
On April 27, 2017, a federal grand jury issued a superseding indictment charging the Morgovskys, along with Mark Migdal, 72, of Portola Valley, California, for their respective roles in three related schemes – the illegal export scheme resolved by today’s plea agreements, and two additional bank fraud schemes allegedly involving Naum Morgovsky. With respect to the illegal export scheme, the grand jury charged Naum Morgovesky with conspiracy to violate the Armed Export Control Act, and two counts of money laundering. The grand jury charged Irina Morgovesky with the conspiracy and with misuse of a passport. Pursuant to today’s plea agreements, the couple pleaded guilty all the charges with the exception of the passport charge pending against Irina Morgovesky – that charge will be dismissed.
On Nov. 10, 2017, Judge Chhabria severed the case to allow the illegal export charges to be handled separately from the allegations regarding the bank fraud scheme alleged in the April 27, 2017, indictment. The bank fraud charges are still pending against Naum Morgovesky. According to the indictment, Naum Morgovesky conspired with Migdal to defraud two federally-insured banks, now Bank of America and EverBank, by seeking those banks’ approval for a short sale of two condominiums. The condominiums were in Kihei, Maui, and were in the same building as a condominium that had been owned by Migdal. The indictment alleges Morgovsky and Midgal conspired to convince the banks to allow the properties to be sold in a short sale to an individual who was deceased. A short sale is a sale in which a lender allows a property to be sold at a price that is less than the amount owed on the loan. Morgovsky also is accused of submitting false statements to the banks about Midgal’s employment status and income. The indictment charges Naum Morgovsky and Migdal with conspiracy to commit bank fraud, and two counts of bank fraud, related to the sale of the Hawaii properties.
On July 25, 2017, Migdal pleaded guilty to his part in the conspiracy and to two counts of making false statements on loan and credit applications. On April 24, 2018, Judge Chhabria sentenced Migdal to 18 months in prison and ordered him to pay a $1,000,000 fine, to pay $460.215 in restitution, and to serve 3 years of supervised release.
A Chinese national was arrested this month and charged in connection with violating export laws by conspiring with employees of an entity affiliated with the People’s Liberation Army (PLA) to illegally export U.S. origin goods to China, as well as making false statements to obtain a visa to enter the United States and to become a lawful permanent resident under the EB-5 Immigrant Investor Visa Program.
Shuren Qin, a Chinese national residing in Wellesley, Mass., was charged in a criminal complaint with one count of visa fraud and one count of conspiring to commit violations of U.S. export regulations. Qin was arrested today and will appear in federal court in Boston on June 22, 2018. According to charging documents, Qin was born in the People’s Republic of China and became a lawful permanent resident of the United States in 2014. Qin operates several companies in China, which purport to import U.S. and European goods with applications in underwater or marine technologies into China. It is alleged that Qin was in communication with and/or receiving taskings from entities affiliated with the PLA, including the Northwestern Polytechnical University (NWPU), a Chinese military research institute, to obtain items used for anti-submarine warfare.
In 2001, the Department of Commerce designated NWPU on its Entity List because of the national security risks it poses to the U.S. NWPU has worked closely with the PLA on the advancement of its military capabilities. From at least July 2015 to December 2016, Qin allegedly exported approximately 78 hydrophones (devices used to detect and monitor sound underwater) from the United States to NWPU without obtaining the required export licenses from the Department of Commerce, in violation of U.S. export laws. Qin did so by concealing from the U.S. supplier that NWPU was the end-user and causing false information to be filed with the United States Government.
As alleged in court documents, in 2014, Qin made false statements on his visa application. Specifically, he falsely certified that he had never “engaged in export control violations or other unlawful activity.” However, it is alleged that Qin engaged in numerous violations of U.S. export laws since 2012. In his petition to become a legal permanent resident of the U.S., Qin again falsely certified that he had never committed any crime. Furthermore, during a November 2017, interview with Customs and Board Patrol Officers, Qin stated that he “only” exported instruments that attach to a buoy. However, Qin had allegedly exported remotely-operated side scan sonar systems, unmanned underwater vehicles, unmanned surface vehicles, robotic boats, and hydrophones. These items have military applications and can be used for weapon delivery systems, anti-submarine warfare, mine counter-measures as well as intelligence, surveillance and reconnaissance activities.
The charge of conspiring to violate U.S. export laws provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $1 million. The charge of visa fraud provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
An Iranian businessman schemed with the owner of a European company to illegally export nuclear nonproliferation-controlled materials to Iran from Illinois. Saeed Valadbaigi, also known as “Saeed Valad” and “Saeed Baigi,” plotted in 2011 to illegally export U.S.-origin 7075 T6 Aluminum tubing from Illinois to Iran by way of Belgium and Malaysia, the indictment states. The size and type of the aluminum was used in the missile and aerospace industry and was subject to U.S. regulations for nuclear nonproliferation purposes, the indictment states. Valadbaigi’s smuggling plan was part of an effort to evade U.S. laws and export-control regulations, according to the charges.
In addition to the 7075 Aluminum tubing, the newly unsealed indictment accuses Valadbaigi of illegally exporting titanium sheets from a company in northern Illinois, to Iran, by way of the Republic of Georgia, the United Arab Emirates and Malaysia. At the time of that deal in 2009, Valadbaigi controlled various companies in all three of those countries, the indictment states. The charges further allege that Valadbaigi in 2012 ordered acrylic sheets from a company in Connecticut, and falsely claimed that the sheets would be used only in Hong Kong. He later allegedly arranged for the acrylic sheets to be transshipped to Iran.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Each count of wire fraud and attempting to violate the IEEPA carries a maximum sentence of 20 years in prison. The illegal export charge is punishable by up to ten years in prison, while the conspiracy and false statement counts are each punishable by up to five years. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines. …

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17. T.M. Polino, B. Matthiesen & A. Kakar: “Canada Releases Final List of Retaliatory Tariffs”

(Source: Arent Fox LLP, 29 June 2018.)
* Authors: Teresa M. Polino, Esq.,
Teresa.Polino@arentfox.com, +1 202-350-3745; Birgit Matthiesen, Director of Canada-US Cross Border Business Affairs,
birgit.matthiesen@arentfox.com, +1 202-350-3620; and Aman Kakar, Esq.,
aman.kakar@arentfox.com, +1 202-350-3632. All of Arent Fox LLP.
On 29 June 2018, the Government of Canada released the final list of goods that will be subject to retaliatory tariffs effective July 1, 2018.
The list is organized into three different tables.
  – Table 1 covers steel imports that will be subject to 25% tariffs.
  – Table 2 covers aluminum imports that will be subject to 10% tariffs.
  – Table 3 covers “other” products subject to 10% tariffs.
The retaliatory tariffs will not apply to US goods that are in transit to Canada on July 1, 2018. In addition, these retaliatory duties will apply to goods released from a Customs Bonded Warehouse or Sufferance Warehouse on or after July 1, 2018, regardless of the date of importation.
The Government of Canada also issued an accompanying
Customs Notice 18-08 and
Memorandum D16-1-1 that provide details on this recent action.
The new tariffs will only apply to goods that originate in the US as determined in accordance with the Determination of Country of Origin for the Purposes of Marking Goods (NAFTA Countries) Regulations. Please note that these rules were recently amended, especially with regard to steel products. The current regulation can be found
Of special importance for many companies is that the announcement clarifies that Canada’s Duties Relief and Duty Drawback Programs continue to be available to importers for duties, including new tariffs, paid or owed by Canadian businesses that meet the requirements of the programs. Finally, the Customs Notice also provides an example calculation for the new tariffs.
These new tariffs will apply to both commercial and personal importations of goods.
Canada’s retaliatory tariffs against the US are valued at C$16.6 billion in imports of steel, aluminum, and other products. These tariffs are in response to the United States’ imposition of tariffs on steel and aluminum products under Section 232 and will remain in place until the US eliminates Section 232 tariffs against Canadian steel and aluminum products.
These products were taken from an
initial list published in May that contained four- or six-digit HTSUS numbers. The final list contains eight-digit HTSUS numbers and removes certain products (e.g., HTSUS 7301.10, 7302.40 and 7304.11) and therefore should be reviewed by all interested parties.
Canada joins the list of four countries that have announced effective dates for retaliatory tariffs on imports from the United States. For ease of reference, we provide below a summary of the retaliatory duties, effective dates and links to relevant product lists.
Effective Date
European Union
China Sec. 232
China Sec. 301

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MS_a118. Monday List of Ex/Im Job Openings; 212 Jobs Posted This Week, Including 17 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

* Agility; Atlanta, GA;
Export Compliance Administrator

* Agility; Queens, NY;
Air Export Coordinator
* Agility; Bensenville, IL;
Air Export Coordinator;
* Agility; Carson, CA; Ocean Export Coordinator;
* Agility; Houston, TX; Air Freight Export Coordinator;
* Agility; Houston, TX; Ocean Export Coordinator;
* Agility; Doral, FL; Air Export Coordinator;
* Agility; Boston, MA; Air Export Coordinator;
* Agility; Boston, MA; Ocean Export Coordinator;
* Agility; Bensenville, IL; Ocean Export Coordinator;

* Agility; Basel, Switzerland;
International Exhibition Coordinator;

* Agility; Genf, Switzerland; Ocean Freight Coordinator; 
* Agility; Genf, Switzerland; Ocean Freight Coordinator; 
* Agility; Coppel, TX; Air Import Coordinator;

* Agility; Carson, CA;
Air Import Coordinator;
* Agility; Bensenville, IL; 
Air Import Coordinator
* Agility; Queens, NY; Air Import Coordinator; 
* Agility; Atlanta, GA; Air Import Coordinator; 
* Agility; Doral, FL; Air Import Coordinator;

* Agility; Burlingame, CA;
Ocean Import Coordinator;
* Agility; Carson, CA;  Ocean Import Coordinator;
* Agility; East Boston, MA; Entry Writer/Import Coordinator
* Agility; Bensenville, IL; Entry Writer Coordinator; 
* Agility; Carson, CA; Entry Writer Coordinator; 
* Agility; Dallas, TX;  Air Import Supervisor;
* Agility; Montreal, Canada; Customs Manager;
* Agility; Montreal, Canada;  Customs Manager; 

* Agility; Montreal, Canada;  Customs Supervisor; 
* AMD; Austin, TX;
Manager, Import/Export; Requisition ID: 24061

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

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

* Arm, Ltd.; Cambridge, UK; UK Trade Compliance Manager; Requisition ID: 13650

* Arrow; Shanghai, China; Compliance Manager;

* Arrow; Shenzhen, Guangdong, China; Junior GTMC Officer;
* AutoNation; Fort Lauderdale, FL; Trade Compliance Manager
 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: 35809BR
* BAE Systems; Sterling, VA; Compliance Specialist Senior; Requisition ID: 36370BR

* BAE Systems; Greenlawn, NY;
International Trade Compliance Analyst I; Requisition ID: 

* BAE Systems; San Diego, CA; International Trade Compliance Analyst II; Requisition ID: 38548BR  

 BMW North America; Woodcliff Lake, NJ;
Senior Analyst, Trade Compliance
; Requisition ID: 170004RD
* Brownells, Inc.; Grinnell, IA; International Trade Compliance Manager II;
* Brownells, Inc.; Grinnell, IA; Product Classification Specialist I;
* Buehler; Lake Bluff, IL;
Manager, Compliance and Logistics
; Requisition ID: 2018-004

* Cree, Inc.; Durham, NC; Export Compliance Specialist
Contact asignorelli@cree.com;
Requisition ID: 2018-630

* Danaher Science and Technology; Nijmegen, Netherlands;
Import Specialist – Senior Analyst II Supply Chain & Logistics

Job ID: BEC009349

 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

 * Edmonds Enterprise Services, Inc.; Washington, D.C.;
Compliance Specialist
Department of State; tmarshall@edmondses.com; (703) 778-7070
* Edmonds Enterprise Services, Inc.; Washington, D.C.; Commodity Jurisdiction Analyst II; Department of State; tmarshall@edmondses.com; (703) 778-7070 

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

* Eli Lilly and Co.; Indianapolis, IN;
Import/Export Trade Associate;

* Ensign-Bickford Aerospace & Defense Co.; Moorpark, CA;
Import/Export Specialist; Missy Clark;

* EoTech Technologies; Ann Arbor, MI; Trade Compliance Manager; Requisition ID: 092335 

 Expeditors; Krefeld, Germany; 
Clerk Import / Export
 Expeditors; Bedfont, United Kingdom;
Customs Brokerage Clerk
 Expeditors; Dusseldorf, Germany;
Clerk, Airfreight Import

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

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

* Flash Global; Mountain Lakes, NJ; 
Import Export Services Manager;

* FLIR; Billerica, MA; US Customs Analyst

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

* FLIR; Nashua, NH; 
Global Trade Compliance Analyst, Traffic
 FLIR; Billerica, MA;
Global Trade Compliance Analyst, Licensing
* Full Circle Compliance; Bruchem, Netherlands;
Legal Analyst, Manager

* General Atomics; San Diego, CA;
Director, Compliance
; Requisition ID: 18549BR

* General Atomics; San Diego, CA;
 Government Regulatory Compliance SpecialistRequisition ID: 18686BR

* General Atomics; San Diego, CA; 
Import/Export Trade Compliance Administrator – Licensing
Requisition ID: 17968BR

* General Atomics; San Diego, CA; Senior Director of Import/Export Compliance; Requisition ID: 13892BR
* General Atomics; San Diego, CA; Internal Auditor – Senior; Requisition ID: 17524BR

* General Dynamics; Fairfax, VA; Export Policy Analyst; Job ID: 2018-36089 

* General Dynamics; Falls Church, VA;
Director, Trade Compliance
; Job ID: 2018-1122

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

* Harris Corporation; Palm Bay, FL;
Technical Trade Compliance Engineer; Contact
Laura Solomon; Requisition ID: ES20171511-22019
* Harris Corporation; Clifton, NJ;
Technical Trade Compliance Engineer;

* Harris Corporation; Van Nuys, CA; Trade Compliance Senior Specialist; Requisition ID: ES20180706-25145
* Henderson Group Unlimited; Inc; Washington, DC; 
Process Improvement Mgr

* Henderson Group Unlimited; Inc; Washington, DC; 
Defense Control Analyst

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

* Henkel Corp.; Rocky Hill, CT; Senior Global Trade ManagerRequisition ID: 18000307

* Huntington Ingalls Industries; Virginia Beach, VA; 
 AMSEC-Import/Export Administrator 2
; Requisition ID: 23979BR

* Hussman; Bridgeton, MO; 
Trade Compliance 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

* Intel; Amsterdam, Netherlands;
Trade Specialist
Requisition ID: JR0056336

 InteliTrac Global Solutions; Herndon, VA; 
ITAR Compliance Official / Deputy Facility Security Officer

 InteliTrac Global Solutions; Herndon, VA;
ITAR Compliance Official

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

* Johnson Controls; Milwaukee, WI;
Trade Compliance Analyst; Requisition ID: 
* Johnson Controls; Lithia Springs;
Trade Compliance Specialist I; Requisition ID: 
* 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 

* Lincoln Electric; Cleveland, OH; 
Trade Compliance Manager;

* Lockheed Martin; Manassass, VA; International Licensing; Requisition ID: 423306BR
* Lockheed Martin; Fort Worth, TX; Import Export Compliance Coordinator; Job ID: 397600BR
* Lockheed Martin; Fort Worth, TX; Export and Import Compliance Investigations Lead; Job ID: 427872BR

* Lockheed Martin; Fort Worth, TX; Licensing Integration and Support; Job ID: 433056BR

* Lockheed Martin; Fort Worth, TX; Regulatory Compliance Analyst Senior; Job ID: 433405BR 

* Lockheed Martin; Orlando, FL; 
Senior International Licensing Analyst
; Requisition ID: 

* Lockheed Martin; Orlando, FL; International Licensing Analyst Sr; Job ID: 424151BR
* Lockheed Martin; Oswego, NY; Licensing Analyst; Job ID: 415717BR
* Lockheed Martin; Oswego, NY; Licensing Analyst; Job ID: 415708BR

* 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; 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;
* Mitchell Martin, Inc.; Dallas, Texas;
Export Regulatory Trade Compliance Specialist
; Requisition ID: 104405

* Moog; East Aurora, NY;
Manager, Group Trade Compliance Manager
; Amy Hanavan,   
; Requisition ID: 182102

# Muscogee International, LLC; Washington, D.C.;
DDTC Compliance Specialist II; Apply
HERE or contact their
recruiting team.
 Muscogee International, LLC; Washington, D.C.; 
DDTC Registration Analyst III
Apply HERE or contact their recruiting team.

# Muscogee International, LLC; Washington, D.C.;
DDTC Policy Analyst
 or contact their 
recruiting team
 Muscogee International, LLC; Washington, D.C.; 
DDTC Records Auditor
Apply HERE or contact their recruiting team.
# Muscogee International, LLC; Washington, D.C.; DDTC Contract AnalystApply HERE or contact their recruiting team.

# Muscogee International, LLC; Washington, D.C.; 
DDTC Service Support Desk Lead
 or contact their 
recruiting team
 Muscogee International, LLC; Washington, D.C.; 
DDTC Service Support Desk
Apply HERE or contact their recruiting team.
# Muscogee International, LLC; Washington, D.C.; DDTC Office Support IApply HERE or contact their recruiting team.
# Muscogee International, LLC; Washington, D.C.; DDTC Office Support IIApply HERE or contact their recruiting team.

# Muscogee International, LLC; Washington, D.C.; DDTC Office Support IIIApply HERE or contact their recruiting team.

* MTS Systems; Eden Prairie, MN;
Global Trade Compliance Manager
; Requisition ID: 37841

# Northrop Grumman; Herndon, VA;
Manager, International Trade Compliance 2; Requisition ID: 18010381

* 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; McLean, VA; International Trade Compliance Analyst 3; Requisition ID: 18012973
# Northrop Grumman; Herndon, VA; International Trade Compliance Analyst 3; Requisition ID: 18007859
# Northrop Grumman; San Diego, CA; International Trade Compliance Analyst 2; Requisition ID: 18012561

# Northrop Grumman; Redondo Beach, CA; or Rancho Bernardo, CA; or Melbourne, FL; or Falls Church, VA; 
Sr. Manager, International Trade Compliance; Requisition ID: 18012105; Contact Fred Czarske at 310.332.7606,

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

* Oracle; Unspecified, United States; Customs Compliance Specialist; Requisition ID: 18000H0N
* Oshkosh Corporation; Greenville, WI;
Global Trade Compliance Analyst
; Requisition ID: 182405

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

* Raytheon; El Segundo, CA;
Global Trade Licensing Analyst; Requisition ID: 114977BR
* Raytheon; El Segundo, CA;
Global Trade Licensing Analyst; Requisition ID: 115189BR

* Raytheon; El Segundo, CA; 
Sr. Export Licensing And Compliance Specialist; Requisition ID: 114077BR
* Raytheon; Tucson, AZ; Export Licensing And Compliance Specialist; Requisition ID: 114936BR 
* Raytheon; El Segundo, CA; Senior Principle, Global Trade Licensing; Requisition ID: 117232BR 
* Raytheon; El Segundo, CA; Manager III, Global Trade Licensing; Requisition ID: 117235BR 
* Raytheon; El Segundo, CA; Fullerton, CA; Goleta, CA; Aberdeen, MD; Plano, TX; McKinney, TX; Principal Analyst, Global Trade Licensing; Requisition ID: 117247BR 
* Raytheon; El Segundo, CA; Aberdeen, MD; McKinney, TX; Global Trade Licensing Analyst; Requisition ID: 116976BR 
* Raytheon; El Segundo, CA; Ft. Wayne, IN; Aberdeen, MD; Global Trade Licensing Analyst; Requisition ID: 118159BR

 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
* The Safariland Group; Jacksonville, FL; Counsel (International Trade Compliance)
* The Safariland Group; Jacksonville, FL; Sr. Export Compliance Specialist 
* Stockholm International Peace Research Institute (SIPRI); Solna, Sweden; Senior Researcher on Dual Use and Arms Trade Controls
* Spirent; San Jose, CA;
Global Trade Compliance Specialist
; Requisition ID: 4088

* Tech Data Corporation; Miami, FL; 
Sr. Regulatory Compliance Analyst

* Tech Data Corporation; Clearwater, FL; Sr. Regulatory Compliance Analyst;
* Tech Data Corporation; Groveport, OH; Sr. Regulatory Compliance Analyst;
* Tech Data Corporation; Duluth, GA; Sr. Regulatory Compliance Analyst;

* Tech Data Corporation; Miami, FL; Regulatory Compliance Manager;
* Tech Data Corporation; Clearwater, FL;  Regulatory Compliance Manager;
* Tech Data Corporation; Groveport, OH;  Regulatory Compliance Manager;
* Tech Data Corporation; Duluth, GA;  Regulatory Compliance Manager;

* Teledyne Benthos; Falmouth, MA; Export Compliance Manager
* Teledyne Scientific & Imaging; Montgomeryville, PA; Contracts & Trade Compliance Administrator; Requisition ID: 6470
* Teva Pharmaceuticals; North Wales, PA; 
Senior Analyst, Customs & Trade Compliance

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

* 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 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
* Vigilant; Negotiable Location, USA;
Global Trade Compliance Analyst

# Vigilant; Negotiable Location, USA;  
Global Trade Account Manager

# Vigilant; Budapest, Hungary; 
Jr. Compliance Analyst;

* Virgin Galactic; Las Cruces, NM; Export Compliance Officer; Requisition ID: 2018-3558
* Williams International; Pontiac, MI; Trade Compliance Specialist; Requisition ID: 17-0275

* Wurth Industry of North America; Indianapolis, IN;
International Trade Compliance Officer – Classification;

 Xylem, Inc.; Remote, United States;
Manager, Global Ethics & Compliance

* Xylem, Inc; Morton Grove, IL;
Trade Compliance Specialist;
* YETI; Austin, TX;
Global Trade Compliance Manager
* Zebra Technologies; Bourne End, UK; 
Trade Compliance Manager, NALA; Requisition ID: 46144
* Zebra Technologies; Lincolnshire, IL; Holtsville, NY; Mcallen, TX; Miramar, FL; Agoura Hills, CA; 
Trade Compliance Manager, EMEA; Requisition ID: 46146

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


* Hermann Hesse (Hermann Karl Hesse; 2 Jul 1877 – 9 Aug 1962; was a German-born poet, novelist, and painter. His best-known works include Demian, Steppenwolf, Siddhartha, and The Glass Bead Game, each of which explores an individual’s search for authenticity, self-knowledge and spirituality. In 1946, he received the Nobel Prize in Literature.)
   – “Some of us think holding on makes us strong; but sometimes it is letting go.”
* James Branch Cabell (1879 – 1958; was an American author of fantasy fiction and belles lettres. Cabell was well regarded by his contemporaries, including H. L. Mencken, Edmund Wilson, and Sinclair Lewis. His works were considered escapist and fit well in the culture of the 1920s, when they were most popular. For Cabell, veracity was “the one unpardonable sin, not merely against art, but against human welfare.”)
  – “There is not any memory with less satisfaction than the memory of some temptation we resisted.”

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

. 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 Jun 2018: 83 FR 27380-27407: Air Cargo Advance Screening (ACAS)

  – 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: 6 June 2018: 83 FR 26204-26205: Unverified List (UVL); Correction

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

  – Last Amendment: 29 June 2018: 83 FR 30541-30548: Global Magnitsky Sanctions Regulations; and 83 FR 30539-30541: Removal of the Sudanese Sanctions Regulations and Amendment of the Terrorism List Government Sanctions Regulations 

: 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:
8 Jun 2018: Harmonized System Update 1809, containing 901 ABI records and 192 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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