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18-0803 Friday “Daily Bugle”

18-0803 Friday “Daily Bugle”

Friday, 3 August 2018

TOPThe 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 here for free subscription. Contact us for advertising inquiries and rates
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  1. Commerce/BIS Amends EAR, Increases Restrictions on Exports to South Sudan
  2. Commerce/BIS Amends EAR, Eases Restrictions on Exports to India
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.)
  3. State/DDTC Announces Start of Registration Period for In-House Seminar
  1. American Shipper: “Shippers’ Law: When the Cargo is a Cat”
  2. Defense Connect: “Review of the Australian Defense Trade Controls Act Roundtables This Month”
  3. NU.nl: “Dutch Public Prosecution Office: ‘It is a Crime to Develop 3D Weapons in the Netherlands'”
  4. The Washington Times: “Judge’s Order Backfires as Activists Rush to Share 3-D gun Designs”
  1. G.R. Tuttle III: “USTR Announces Potential Increase on List 3 Tariffs from 10% to 25%”
  2. R.C. Thomsen II, A.D. Paytas & M.M. Shomali: “Congress Passes the National Defense Authorization Act”
  1. FCC to Present U.S. Export Controls Awareness Training Course for Non-U.S. Organizations, 2 Oct in Bruchem, the Netherlands
  2. List of Approaching Events: 12 New Events Posted This Week
  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 (3 Aug 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 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1
.
Commerce/BIS Amends EAR, Increases Restrictions on Exports to South Sudan

(Source: 
Federal Register, 3 Aug 2018.) [Excerpts.]   
 
83 FR 38021-38023: Revision of Export and Reexport License Requirements for Republic of South Sudan Under the Export Administration Regulations
 
* AGENCY: Bureau of Industry and Security, Commerce. 
* ACTION: Final rule. 
* SUMMARY: In this rule, the Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to conform to the Department of State’s (State) amendment of February 14, 2018 to the International Traffic in Arms Regulations (ITAR) that placed restrictions on exports of defense articles (and defense services) to the Republic of South Sudan (South Sudan). The State action reflected a policy determination by the Secretary of State that it was in the best interests of U.S. foreign policy to impose such restrictions. 
  Consistent with the State action, in this amendment, BIS is updating the EAR to restrict the export and reexport of certain items on the Commerce Control List to South Sudan. Pursuant to established procedure, BIS adds South Sudan to the list of U.S. embargoed countries under the EAR, a list drawn from the list of arms embargoes in the ITAR and State Federal Register notices, and adopts a restrictive license application review policy consistent with State’s review policy set forth in the ITAR. 
* DATES: This rule is
effective August 3, 2018. …
* SUPPLEMENTARY INFORMATION: … In a rule effective July 9, 2011, the date the United States granted formal recognition to South Sudan, BIS amended the EAR to add the new country to the Commerce Country Chart set forth in Supplement No. 1 to part 740 and imposed controls on exports and reexports of items subject to the EAR to the destination. See 76 FR 41046 (July 13, 2011). In that rule, BIS added South Sudan to Country Group B in Supplement No. 1 to Part 740 (Country Groups), a grouping that rendered the country eligible for certain License Exceptions not available to countries in Country Groups D or E.
  In this rule, BIS amends Supplement No.1 to Part 740 (Country Groups) of the EAR to place South Sudan in Country Group D:5-U.S. Embargoed Countries-to conform with a final rule published by State that revised ITAR §126.1 (Prohibited exports, imports, and sales to or from certain countries) by adding South Sudan in new paragraph (w). See 83 FR 6457 (February 14, 2018). The ITAR amendment reflected a determination by the Secretary of State that it was in the best interests of U.S. foreign policy to impose such restrictions in order to reflect the U.S. government’s opposition to the trade of arms to South Sudan and its contribution to the conflict and humanitarian crisis in that country, promote the cessation of hostilities, and to reinforce a unified international response by aligning the United States with existing European Union restrictions on certain exports to South Sudan. As a consequence of the ITAR amendment, a policy of denial applies to applications for licenses or other approvals for the export of defense articles and defense services destined for South Sudan. A license or other approval may be issued on a case-by-case basis for six enumerated categories of defense articles and defense services, as set forth in ITAR §126.1(w) (South Sudan).
  BIS primarily implements such controls through Country Group D:5. Countries listed in Country Group D:5 are subject to additional restrictions in the EAR, including on de minimis U.S. content, license exception availability, and licensing policy for certain items. License applications for the export or reexport of items classified under 9×515 or “600 series” Export Control Classification Numbers to countries in Country Group D:5 are reviewed consistent with the policies in §126.1 of the ITAR, as provided in paragraph (b)(1)(ii) of §742.4 (National security) and paragraph (b)(1) of §742.6 (Regional stability) of the EAR.
  The list of “United States arms embargoed” countries is intended to mirror ITAR §126.1’s list of countries subject to U.S. arms embargoes and track Federal Register notices published by State. BIS amends the list of Country Group D:5 countries as needed to conform to amendments to ITAR §126.1 that State publishes, including additions or deletions of countries subject to United States arms embargoes. See footnote one to Country Group D:5. In implementing United States embargoes in the EAR, BIS is adopting the policies for each country listed in section 126.1 of the ITAR. See 78 FR 22660, 22675 (April 16, 2013).
  Consistent with new §126.1(w) (South Sudan) of the ITAR, the BIS licensing policy for the export and reexport of 9×515 and “600 series” items on the Commerce Control List, Supp. No. 1 to part 774, destined for South Sudan is a policy of denial that recognizes six categories of case-by-case approval. See ITAR §126.1(w)(1)-(6), which describes these categories in detail.
 
Specific Amendment Implementing Revisions To Export and Reexport License Requirements for South Sudan Under the EAR
 
  PART 740 OF THE EAR
 
BIS amends Supplement No. 1 to Part 740 of the EAR to place “South Sudan, The Republic of”, in alphabetical order, in Country Group D:5. … 
 
Dated: July 26, 2018.
 
  Richard E. Ashooh, Assistant Secretary for Export Administration.

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EXIM_a2

2

Commerce/BIS Amends EAR, Eases Restrictions on Exports to India
(Source: 
Federal Register, 3 Aug 2018.) [Excerpts.] 
 
83 FR 38018-38021: U.S.-India Major Defense Partners: Implementation Under the Export Administration Regulations of India’s Membership in the Wassenaar Arrangement and Addition of India to Country Group A:5
 
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Final rule.
* SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to formally recognize and implement India’s membership in the Wassenaar Arrangement (Wassenaar or WA). Further, BIS removes India from Country Group A:6 and places it in Country Group A:5. This action befits India’s status as a Major Defense Partner and recognizes the country’s membership in three of the four export control regimes: Missile Technology Control Regime (MTCR), WA and Australia Group (AG). This rule is another in the series of rules that implement reforms to which the United States and India mutually agreed to promote global nonproliferation, expand high technology cooperation and trade, and ultimately facilitate India’s full membership in the four multilateral export control regimes (Nuclear Suppliers Group, MTCR, WA, and AG). This rule also makes conforming amendments.
* DATES: This rule is
effective August 3, 2018. … 
& SUPPLEMENTARY INFORMATION: … The United States and India continue their commitment to work together to strengthen the global nonproliferation and export control framework and further transform bilateral export control cooperation to recognize the full potential of the global strategic partnership between the two countries. This commitment has been realized in the two countries’ mutually agreed upon steps to expand cooperation in civil space, defense, and other high-technology sectors and the complementary steps of the United States to remove India defense and space-related entities from the Entity List, realign India in U.S. export control regulations, and support India’s membership in the four multilateral export control regimes (Nuclear Suppliers Group, Missile Technology Control Regime, Wassenaar Arrangement and Australia Group).
  To date, with the effective support of the United States, India has been admitted to three of the four multilateral export control regimes: Missile Technology Control Regime (MTCR) on June 27, 2016, the Wassenaar Arrangement (Wassenaar or WA) on December 7, 2017 and the Australia Group (AG) on January 19, 2018. These memberships, important to the two countries’ global strategic partnership, are enhanced by the United States’ recognition of India as a Major Defense Partner in the India-U.S. Joint Statement of June 7, 2016, entitled, “The United States and India: Enduring Global Partners in the 21st Century.” This recognition facilitates and supports India’s military modernization efforts with the United States as a reliable provider of advanced defense articles.
  Therefore, in this rule, the Bureau of Industry and Security (BIS), formally recognizes under the Export Administration Regulations (EAR) India’s membership in the WA multilateral export control regimes and revises the EAR accordingly. Further, in this rule, BIS adds India to Country Group A:1 in Supplement No. 1 to Part 740 (Country Groups) of the EAR to implement under the EAR India’s status as a member of the WA. In addition, to export control-related benefits for India as a result of prior amendments to the EAR in furtherance of the U.S.-India global strategic partnership, BIS places India in Country Group A:5, which provides the benefit of greater availability of License Exception Strategic Trade Authorization (STA) for exports and reexports to, and transfers within India under the EAR.
  Countries listed in Country Group A:5 are countries included in STA §740.20(c)(1), which authorizes exports, reexports and in-country transfers that are subject to multiple reasons for control. With this rule, India becomes the 37th country to join Country Group A:5.
 
Specific EAR Amendments Recognizing and Implementing India’s Membership in Wassenaar and Adding India to Country Group A:5
 
  PART 738
BIS amends Supplement No. 1 to Part 738, Commerce Country Chart, by removing the license requirements for National Security Column 2 (NS2) reasons. Accordingly, this rule removes the “X” in NS Column 2 for India.
 
  PART 740
BIS amends Supplement No. 1 to Part 740 to add, in alphabetical order, India to Country Groups A:1 and A:5.
 
  CONFORMING AMENDMENTS
  
  PART 738
Consistent with India’s new multilateral export control regime status, this rule also removes the first sentence of footnote 7 to the Commerce Country Chart in Supplement No. 1 to Part 738, related to India. This amendment removes the requirement that exporters file in the Automated Export System when items controlled for Crime Control Columns 1 and 3 reasons, and Regional Stability Column 2 reasons were destined to India. As a conforming change, this rule removes the word “Also” from the second sentence of footnote 7 and capitalizes the “n” in “note” since it begins the sentence.
  Also, as a conforming change in Part 738, BIS amends paragraph (b)(3) of §738.4, related to a sample analysis using the Commerce Control List and Country Chart to determine when a license is required, to remove the name “India” and replace it with the name “Chad.” The sample analysis used India as an example of a country with NS Column 2 controls. That reason for control no longer applies to India but currently applies to Chad.
 
  PART 740
In adding India to Country Group A:5, BIS removes India from Country Group A:6 to avoid creating conflicting eligibility criteria for STA provisions.
 
  PART 743
As a member of Wassenaar, India now is subject to reporting requirements for items controlled under Wassenaar, as set forth in Part 743, Special Reporting and Notification. Specifically, India is added, in alphabetical order, to Supplement No. 1 to Part 743, Wassenaar Arrangement Participating States.
 
  PART 758
Also, consistent with India’s achievements and status as a Major Defense Partner, BIS removes the requirement that exporters file certain Electronic Export Information in AES as set forth in §758.1(b)(9). Specifically, this amendment removes the requirement that exporters file in AES when items controlled for CC Columns 1 and 3 reasons and RS Column 2 reasons are destined to India. This reporting requirement had been instituted when the license requirement for such items was removed (see U.S.-India Bilateral Understanding: Additional Revisions to the U.S. Export and Reexport Controls Under the Export Administration Regulations; January 23, 2015; 80 FR 3463). BIS has determined that this reporting requirement is no longer necessary.
 
  PART 772
In this rule, BIS also adds India, in alphabetical order, to the list of countries under the term Australia Group in §772.1, Definitions of terms as used in the Export Administration Regulations (EAR). This updates the definition consistent with formal recognition of India’s membership in the AG in a BIS final rule, entitled “Implementation of the February 2017 Australia Group (AG) Intersessional Decisions and June 2017 Plenary Understandings; Addition of India to the AG” (83 FR 13849, April 2, 2018) … 
 
  Dated: July 31, 2018.
 
Richard E. Ashooh, Assistant Secretary for Export Administration.

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OGSOTHER GOVERNMENT SOURCES

OGS_a13
. Items Scheduled for Publication in Future Federal Register Editions
 

(Source:
Federal Register)
 
* State; NOTICES; Specially Designated Global Terrorists:
Abdul Rehman al-Dakhil, aka Dilshad Ahmad, aka Danish Dilshad, aka Amantullah Ali, etc. [Publication Date: 6 Aug 2018.]

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

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OGS_3
5. 
State/DDTC Announces Start of Registration Period for In-House Seminar

(Source: 
State/DDTC, 3 Aug 2018.)
 
Registration for The Directorate of Defense Trade Controls (DDTC) In-House Seminar for Wednesday, September 19th, 2018 opens August 10th and closes August 31st. Attendees will be identified on a first-come, first-serve basis. Preference will be given to new registrants and small-businesses. A completed registration form must be sent to the DDTC In-House Seminar email, as an attachment, 
DDTCInHouseSeminars@state.gov.
 
For more information, please visit the 
DDTC Outreach Programs page and click the “In-House Seminars” tab.

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NWSNEWS

 
The plaintiff in this case purchased an exotic Savannah kitten from a breeder in Florida for $2,300. The buyer, a woman in New York, planned to exhibit the animal, a cross between a domestic cat and an African serval, in cat shows.
   The breeder delivered the kitten to Delta Air Lines for transport to New York’s LaGuardia Airport.
   The buyer said that the day after the cat arrived, she noticed it was in distress. She took it to a veterinarian, who diagnosed it with a broken hip. Veterinary bills amounted to more than $7,000.
   The plaintiff sued Delta in New York Supreme Court, Queens County. (In New York state’s judiciary, Supreme courts are trial courts for civil matters, the appellate divisions of the Supreme courts hear appeals and the state’s highest court is called the Court of Appeals.)
   Attorney Kenneth Nankin of the New York law firm Nankin & Verma noted in his firm’s blog that the plaintiff alleged causes of action “for negligence/recklessness, trespass to chattels/conversion, bailment and economic damages.”
   Delta moved for partial summary judgment, arguing that as a matter of federal common law, any liability it may have be limited to $50 pursuant the air waybill’s conditions of contra, and Nankin noted, “Delta contended that the liability limit applied even though the plaintiff was the consignee, not the shipper.
   “The trial court refused to enforce the liability limit and denied Delta’s motion. The court ruled that the limit was not enforceable because the cargo was not ‘an inanimate object’ and thus should be treated differently from ‘ordinary bulk objects,’ concluding that Delta had a ‘heightened duty of care,'” Nankin said.
    The trial judge stated, “The defendant airline wants it both ways: ‘We will be paid to take care of your kitten as long as we transport it, but we are absolving ourselves from any negligence in doing so.'”
   The trial court’s decision was reversed on appeal. (Lentini v. Delta Air Lines Inc. NY App. Div. 2nd Dept. No. 17-00759. March 14.) 
   The appellate division explained that both before and after the Airline Deregulation Act of 1978 (ADA), “actions against interstate carriers for lost or damaged shipments have been governed by federal common law.” It said the ADA contains both a “pre-emption clause” and “saving clause,” which when read together, prohibit states from imposing their own substantive standards with respect to rates, routes or services.
   As a result, “actions for loss or damage to interstate air shipments are governed by federal common law.
   “The air waybill forms the basic contract between a shipper and an air carrier,” the court said. “In order to enforce a limited-liability provision contained in an air waybill, a carrier must demonstrate that its contract satisfies the released-valuation doctrine.
   “Under the released-valuation doctrine, the shipper ‘is deemed to have released the carrier from liability beyond a stated amount’ in exchange for a low shipping rate,” it said.
   A shipper is bound by the limited-liability provision if it has reasonable notice of the rate structure and is given a fair opportunity to pay a higher rate in order to obtain greater protection.
   In this instance, the air waybill signed by the plaintiff’s shipper demonstrated that the shipper did not declare a value for the kitten and no additional coverage was purchased. The plaintiff “failed to raise a triable issue of fact as to whether she was not given the opportunity to purchase additional coverage.”
   René Myatt, the attorney for the plaintiff, said her client decided not to further appeal the decision, but noted small shippers are unlikely to be aware of the limitation, which may appear on the back of a waybill, or know that they could pay a higher rate for increased coverage.
   From a legal point of view, “there is no question that animals are property. They are treated as cargo,” said John Stoesser, director of Wichert Insurance’s IDEAL Agriculture & Marine program.
   While standard liability limits for domestic shipments appear on the air waybill, he noted that international air shipments are covered by the Montreal Convention, which limits claims to 19 “special drawing rights” (between $26 and $27) per kilo.
   However, shippers can purchase mortality insurance to protect themselves if an animal dies or must be destroyed.
   The market for insuring animals is well developed, he said, and he has insured everything from research animals at universities to the giant pandas at Zoo Atlanta. He also has insured dogs trained for security, to sniff for bombs or explosives or for search and rescue. The dog may be a mutt, but it might have $10,000 or $20,000 worth of training.
   But Stoesser said the biggest market for animal insurance overall is “in commercial animal agriculture. Pigs and cows are everybody’s bread and butter, with some poultry thrown in.”
   The value of a single shipment can be substantial, he explained. “The landed value of a pig shipped by air, good breeding stock to China, is a couple thousand dollars a head. You can get 1,000 of them onto an airplane, on a 747, so that’s $2 million.”
   Generally speaking, he said animal insurance is mortality insurance and does not cover an animal that is injured. For example, he recently insured a bull that was shipped to Thailand for herd improvement. The bull had a severe leg injury and was not able to mount, but because the animal was still alive, not suffering and destroyed, there was no claim.
   This is even true of most racehorse insurance policies, he said. Over his 49 years in the business, Stoesser said he has seen specialty insurers try to offer policies for injured animals, but pointed out that companies have not figured out how to make money from such products.
   An exception is equine insurance. Stoesser said major equine insurers will include some coverage for emergency colic surgery, although he said it may not pay for the full cost of the horse if it becomes ill. 
   For export animals, he said there are extensions to policies that will cover the value of an animal if it fails a particular disease test, is put into quarantine and still fails upon retesting and must be euthanized.

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(Source: 
Defense Connect, 1 Aug 2018.) 
 
The review into Defense Trade Controls Act is hosting a series of roundtables to discuss the progress and submissions of the review
 
As part of the review of the Defense Trade Controls Act announced by Minister for Defense Marise Payne in April, Dr Vivienne Thom AM will facilitate a series of roundtables to discuss the process, feedback and next steps of the review process. 
 
Defense administers controls on the export of military and dual-use goods and technologies through four key pieces of legislation. The Defense Trade Controls Act 2012 provides the legislative basis for the controls of the intangible supply, publication and brokering of defense and strategic goods and technology.
 
The act was enacted in 2012 to strengthen Australia’s existing export controls and to align them with international best practice. The act underwent amendments in 2015 following extensive stakeholder consultation. One such amendment included the addition of a mechanism to provide for review of the operation of the act after two years of the offence provisions being commenced, which occurred on 2 April 2016.
 
Aim: The aim of the review is to evaluate the operation of the DTC Act and deliver recommendations that ensure the act is an effective component of Australia’s export control regime that appropriately addresses current and future national security requirements.
 
The review will also aim to ensure the act provides appropriate levels of regulation and security for controlled technologies, aligns with international best practice for export controls, and is not unnecessarily restricting trade, research and international collaboration.
 
While submissions closed 31 May 2018, Defense aims to continue working closely with the stakeholders as they establish internal compliance arrangements, by providing implementation support through outreach and engagement sessions.
 
Scope: The act is required to be reviewed after two years and is being carried out by Dr Thom, the former inspector-general of intelligence and security and a former deputy Commonwealth ombudsman overseeing law enforcement, immigration, taxation and defense agencies.
 
The review is mandated by section 74B of the act:
 
  (1) The minister must cause a review of the operation of this act (other than parts three and four) to be undertaken as soon as possible after the second anniversary of the commencement of section 10 of this act and afterwards at intervals of not longer than five years.
  (2) The persons undertaking the review must give the minister a written report of the review.
  (3) The minister must cause a copy of the report of the review to be tabled in each house of the Parliament within 15 sitting days of that house after the report is given to the minister.
The review is limited to the operation of the act but subsection 74B(1) specifically excludes parts three and four – that relate to the Defense Trade Cooperation Treaty between Australia and the US – from scope of the review.
 
The review will examine all other parts of the act to provide evidence-based, practical recommendations for improvements to the act and supporting policy. In particular, the review will consider:
 
  – Whether the act is fit for purpose;
  – Whether there are any gaps in the act’s controls;
  – Whether any unintended consequences are resulting from the act’s controls; and
  – Any other matters considered relevant.
 
Roundtable discussions for the review of the Defense Trade Controls Act 2012 are being held on the following dates: 
 
  – Sydney – Monday 6 August;
  – Brisbane – Tuesday 7 August;
  – Melbourne – Monday 13 August;
  – Perth – Wednesday 22 August;
  – Adelaide – Thursday 23 August; and 
  – Canberra – Tuesday 28 August. 
 
More information on the review process is available 
here.

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NWS_a3
8. 
NU.nl: “Dutch Public Prosecution Office: ‘It is a Crime to Develop 3D Weapons in the Netherlands'”
(Source: 
NU.nl, 2 Aug 2018.) [Excerpts; translated by editor.]
 
It is a crime in the Netherlands to make plastic weapons with a 3D printer. The provision of blueprints for this type of weapon can also be punishable. This is what the Public Prosecution Office (”
Openbaar Ministerie“) said in connection with the case involving an American company that wanted to publish blueprints for 3D-printed weapons online. … 
 
On Wednesday this week, a judge in the U.S. forbade the publication of the blueprints by Defense Distributed because the 3D-printed firearms “could cause irreparable damage to civilians”. … 

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NWS_a5
9. 
The Washington Times: “Judge’s Order Backfires as Activists Rush to Share 3-D gun Designs”

(Source: 
The Washington Times, 1 Aug 2018.)) [Excerpts.]
 
A judge’s attempt to halt the spread of blueprints for 3D-printed guns backfired Wednesday as the plans spread across the internet, posted and shared by people who said they were determined to strike a blow for free speech, to protect gun rights, or just to thumb their nose at the government. 
 
Activists took to Twitter and Facebook to share links where the plans could be found on file-sharing services or sites on the dark web.  One website, CodeIsFreeSpeech.com, posted eight sets of files and reported more than 100,000 hits and nearly 1.5 terabytes of data downloaded by 6 a.m. Wednesday.  “Just in the past 48 hours, I would be shocked if hundreds of thousands of people don’t possess these files,” said Brandon Combs, president of the Firearms Policy Coalition, which posted the data to CodeIsFreeSpeech.
 
In a flurry of legal activity late Tuesday, a judge ordered the federal government to reverse itself and reimpose Obama-era export restrictions that limited the availability of the files. That order was aimed at stopping Defense Distributed, a Texas-based organization, from posting blueprints to its website, DEFCAD.com.
 
Cody Wilson, the site’s founder, complied, but much of the rest of the internet stepped in to fill the void. “Do your human duty and share,” said one Twitter user who linked to the files on a file-sharing site.  “You can’t stop the flow of information,” tweeted another user, duudl3, who created a mirror site to host the files Mr. Wilson disabled. 
 
Mr. Combs and duudl3 each said his bandwidth use shot off the charts with the number of downloads. “I’ve seen this stuff all over, and I suspect by the end of the next couple of days there’s just going to be a saturation. They’re not going to be able to do anything about it,” Mr. Combs told The Washington Times.
 
The technology of 3D printing and plans would allow people with access to the right machinery and materials to manufacture a working, untraceable firearm in secret. The concept has existed for decades but has just recently begun to reach the mainstream, plowing new ground in the debate over gun rights and government regulations.
 
Some security specialists worry that the guns could circumvent metal detectors and become a tool for terrorists. Gun control activists say people banned from buying guns, such as felons and domestic abusers, also would be able to cheat the law by printing weapons at home.  Defense Distributed and like-minded groups counter that they are releasing information protected by free speech, not engaging in firearms transactions.
 
They also say the plans have been available for years online and there is little the government can – or should – do. Further, the possession of undetectable guns has been illegal for decades and most blueprints for 3D guns, including those of Defense Distributed, use at least some metal parts to comply with that law.
 
Mr. Wilson’s attorneys filed court papers showing a number of other locations where blueprints for at least one home-manufactured firearm were available in 2007, a decade before Defense Distributed’s planned broad release this week.  . . .
 
Washington Attorney General Bob Ferguson, who led the lawsuit, said those still sharing the blueprints online are breaking federal export laws.  “Anyone who posts downloadable guns to the internet is violating federal law. It is the federal government’s job to enforce those laws, and I urge it to enforce them aggressively as to these prohibited items,” he said.  . . .
 
Mr. Combs posted plans for eight firearms assemblies to his website. He said it was too early to say which one was proving most popular and that many users appeared to be downloading all of the files.  He said people are sending him new designs.  “Cody was the pioneer, and all credit goes to him and Defense Distributed,” Mr. Combs said. “I just wanted to give the government another target, if that’s what they want to do.”
 
Government officials seem conflicted on what to do.  Since 2013, the State Department claimed the blueprints violated export rules, making weapons of war available to foreign actors. Mr. Wilson sued, and after a years-long battle the Justice and State departments reversed and reached a settlement to allow Defense Distributed to move ahead with plans to post the blueprints.
 
The White House suggested Wednesday that Mr. Trump was blindsided by that decision.  “The Department of Justice made a deal without the president’s approval on those regards,” White House press secretary Sarah Huckabee Sanders said. “The president’s glad this effort was delayed to give more time to review the issue, and this administration supports the decades-old legislation already on the books that prohibits the ownership of a wholly plastic gun.”
 
Still, it’s not clear what the government can do at this point. State Department officials said their only role was to prohibit export of the blueprints outside the U.S. “The department has no role in domestic gun control policies and the broader question of this technology’s potential,” a spokesperson said.  . . .
 
Nonetheless, lawmakers on Capitol Hill – mostly Democrats, but some Republicans – are demanding that Mr. Trump do something.  Sen. Edward J. Markey, Massachusetts Democrat, said he would try to block the confirmation of a key State Department official until the government returns to the Obama-era export policy.  The nominee, R. Clarke Cooper, has been tapped to be assistant secretary for political-military affairs, which would oversee the export rules in question. “Until the president agrees to reverse this policy and prohibit the online publication of these dangerous blueprints, a decision that is entirely within his authority, I intend to place a hold on your nomination,” Mr. Markey told Mr. Cooper.  . . .

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COMMCOMMENTARY

COMM_a1
10. 
G.R. Tuttle III: “USTR Announces Potential Increase on 
List 3 Tariffs from 10% to 25%”
(Source: Tuttle Law Newsletter, 2 Aug 2018. Available via email address below.) 
 
* Author: George R. Tuttle III, Esq., 
geo@tuttlelaw.com, (415) 986-8780. Attorney with Law Offices of George R. Tuttle in the San Francisco Bay Area.
 
On August 1, 2018 the USTR announced it is considering increasing the proposed tariffs on List 3 from 10% to 25%. Published in the July 17, 2018 Federal Register (83 FR 33608 of July 17, 2018) 
List 3 identified $200 billion worth of Chinese goods imported into the U.S., compromising approximately 6,013 items.
 
Because of this potential change, the parties wishing to present at the August 20-23 hearings will have until August 13, 2018 to submit hearing requests. The due date for submission of all written comments, including rebuttal comments, is now September 5, 2018. 
 
US Trade Representative Robert Lighthizer stated that the President has directed him to consider increasing the proposed level of additional duty from 10% to 25%. Mr. Lighthizer added that “the increase in the possible rate of the additional duty is intended to provide the Administration with additional options to encourage China to change its harmful policies and behavior and adopt policies that will lead to fairer markets and prosperity for all of our citizens.”
 
To submit comments and request to present testimony at the public hearing, submissions are to be made through the Federal eRulemaking Portal: 
http://www.regulations.gov. The docket number is USTR-2018-0026. 
 
Comments are to include:
 
  – The specific tariff subheadings to be subject to increased duties, including whether the subheadings listed in the Annex should be retained or removed, or whether subheadings not currently on the list should be added.
  – The level of the increase, if any, in the rate of duty.
  – The appropriate aggregate level of trade to be covered by additional duties.
 
In commenting on the inclusion or removal of particular tariff subheadings listed in the Annex, the USTR requests that commenters address specifically whether imposing increased duties on a particular product would be practicable or effective to obtain the elimination of China’s acts, policies, and practices, and whether maintaining or imposing additional duties on a particular product would cause disproportionate economic harm to U.S. interests, including small- or medium-size businesses and consumers.
 
Written submissions can also be made through 
www.regulations.gov at docket USTR-2018-0026. Comments can be made in the “comment now!” field or by uploading an attached Microsoft Word (.doc) or searchable Adobe Acrobat (.pdf) file. File names should reflect the name of the person/entity submitting the document. Any attachments, exhibits, or annexes should be part of the attachment.
 
Business confidential documents may be submitted. The file name must begin “BC” and the name of the person or entity making the submission should follow. Any page containing confidential information must be clearly marked “BUSINESS CONFIDENTIAL.” In requesting business confidential treatment, the submitter must certify in writing that disclosure of such information would endanger trade secretes or profitability, and that the information would not customarily be released to the public. The public version of the document must have a file name beginning with “P” and be followed by the name of the person or entity making the submission.
 
The USTR will post submissions in the docket for public inspection, except those requesting business confidential treatment. Submissions can be viewed at 
here by entering USTR-2018-0026 in the search field.
 

Section 301 Time Line 



Official notification of the extension dates will be published in the Federal Register shortly.

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

COM_a2
11. 
R.C. Thomsen II, A.D. Paytas & M.M. Shomali: “Congress Passes the National Defense Authorization Act”
(Source: Thomsen and Burke LLP, 2 Aug 2018. Available by subscription via 
maher@t-b.com.) 
 
* 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. 
 
Yesterday, the Senate overwhelmingly passed the John S. McCain 
National Defense Authorization Act (NDAA) for Fiscal Year 2019 (H.R. 5515). The bill has been sent to the President and he is expected to sign it. 
 
The bill strengthens the Committee on Foreign Investment in the United States (CFIUS), which reviews proposed foreign investments to weigh whether they threaten national security. It includes export control reform provisions requiring Commerce to establish export controls on emerging and foundation technologies, which are sensitive technologies not currently captured by export controls. Finally, the bill includes a government wide ban on procuring equipment or services from the Chinese telecommunications firms ZTE and Huawei. However, it does not include a provision to reinstate sanctions against ZTE and undo a deal the company recently cut with the Commerce Department. More details below:
 
Export Control Reform
 
The Export Controls Act of 2018 [Sections 1741-1768 of the NDAA] provides permanent statutory authority for the existing Export Administration Regulations (EAR). The EAR has been operating under emergency authority of the International Emergency Economic Powers Act (IEEPA) for many years, ever since the Export Administration Act of 1979 lapsed. This new authority also adds several noteworthy changes:
 
  – New export controls on “emerging and foundational technologies”, which are not specifically identified in the legislation. Presumably, these could be items and technology that are currently classified as EAR99. [Section 1758]
  – Commerce will revise the duties of the Emerging Technology and Research Advisory Committee to help identify “emerging and foundational technologies” that may be developed over a period of 5 or 10 years. [Section 1758]
  – License applications are now required to be reviewed for impact on the US defense industrial base. Transactions that would have a “significant negative impact” on that defense industrial base can be denied. [Section 1756]
  – New requirement for the government to publish export license details for licenses involving certain terrorism-supporting countries. [Section 1754]
  – Maximum civil penalties per violation have been increased slightly to the greater of $300,000 or twice the value of the transaction. [Section 1760]
 
The identification of “emerging and foundational technologies” is going to be an important part of this legislation. The general requirements in the current legislation are that the technologies “are essential to the national security of the United States” and shall take into account:
 
  – the development of emerging and foundational technologies in foreign countries;
  – the effect export controls imposed pursuant to this section may have on the development of such technologies in the United States; and
  – the effectiveness of export controls imposed pursuant to this section on limiting the proliferation of emerging and foundational technologies to foreign countries.
 
CFIUS Reform
 
Congress agreed on its final version of the Foreign Investment Risk Review Modernization Act (FIRRMA) [Sections 1701-1728 of the NDAA], which provides the first update to the Committee on Foreign Investment in the United States (CFIUS) statute in several years. FIRRMA updates and expands CFIUS’s review process in many ways, by:
 
  – Increasing the types of transactions subject to CFIUS’s jurisdiction: CFIUS currently only reviews mergers, acquisitions, or takeovers that could result in a takeover of a US business by a foreign person. FIRRMA now expands the purview of CFIUS by adding new types of “covered transactions,” including “other investments involving critical infrastructure, critical technologies, or sensitive data.” [Section 1706]
  – Extending the CFIUS review timeframes: FIRRMA lengthens the time period of the CFIUS process to 45 days, with a 15-day period extension for extraordinary circumstances, and limits timing for the pre-review process. [Section 1709]
  – Making certain notifications mandatory: These include transactions involving an investment that results in the acquisition, directly or indirectly, of a “substantial interest” in a US business involved in critical infrastructure, critical technology, or sensitive data by a foreign person in which a foreign government has, directly or indirectly, a “substantial interest.” [Section 1706]
  – Establishing a process for potentially expedited review and approval of certain transactions: FIRRMA also offers a potential path for some transactions to receive approval on an expedited basis following a shortened notification. [Section 1706]
 
FIRRMA also allows CFIUS to impose filing fees, which are up to 1% of the transaction value or $300,000. [Section 1723]
 
Huawei and ZTE Implications
 
Finally, Section 899 of the NDAA also places a government procurement ban on certain telecommunications equipment made by ZTE and Huawei, as well as related services. However, it does not include a provision to reinstate sanctions against ZTE and undo a deal the company recently cut with the Commerce Department.

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

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a1
12
FCC to Present U.S. Export Controls Awareness Training Course for Non-U.S. Organizations, 2 Oct in Bruchem, the Netherlands

(Source: Full Circle Compliance, events@fullcirclecompliance.eu.)
 
Our next academy course is specifically designed for beginning compliance officers and professionals who want to enhance their knowledge on the latest ITAR/EAR requirements and best practices.  The course will cover multiple topics regarding U.S. export controls that apply to organisations outside the U.S., such as: the regulatory framework, including the latest and anticipated regulatory amendments, key concepts and definitions, classification and licensing requirements, handling (potential) non-compliance issues, and practice tips to ensure compliance with the ITAR and EAR.
 
* What: Awareness Course U.S. Export Controls: ITAR & EAR From a Non-U.S. Perspective 
* When: Tuesday, 2 Oct 2018, 9 AM – 5 PM (CEST)
* Where: Landgoed Groenhoven, Bruchem, the Netherlands
* Sponsor: Full Circle Compliance (FCC)
* Instructors: Ghislaine Gillessen, Mike Farrell, and Alexander P. Bosch 
* Information & Registration: HERE or via  events@fullcirclecompliance.eu

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

TE_a3
13. 
List of Approaching Events: 12 New Events Posted This Week
(Sources: Editor and Event Sponsors)

Published every Friday or last publication day of the week, o
ur overview of Approaching Events is organized to list c
ontinuously available training, training events, s
eminars & conferences, and 
webinars. 
 
Please, submit your event announcement to John Bartlett, Events & Jobs Editor (email: 
jwbartlett@fullcirclecompliance.eu
), composed in the below format:
 
# DATE: LOCATION; “EVENT TITLE”; EVENT SPONSOR; WEBLINK; CONTACT DETAILS (email and/or phone number)
 

#” = New or updated listing  

 
Continuously Available Training
 
* E-Seminars: “US Export Controls” / “Defense Trade Controls“; Export Compliance Training Institute; danielle@learnexportcompliance.com 

* Webinar: ”
Company-Wide US Export Controls Awareness Program“; Export Compliance Training Institute;
danielle@learnexportcompliance.com 

* E-Seminars: “ITAR/EAR Awareness“; Export Compliance Solutions;
spalmer@exportcompliancesolutions.com
* Online: “Simplified Network Application Process Redesign (SNAP-R)“; Commerce/BIS; 202-482-2227
* E-Seminars: “Webinars On-Demand Library“; Sandler, Travis & Rosenberg, P.A.
* Online: “International Trade Webinars“; Global Training Center
*
 
Online: “On-Demand Webinars“; “General Training“; Center for Development of Security Excellence; Defense Security Service (DSS)
* Online: “ACE Reports Training and User Guide“; DHS/CBP

* Online: ”
Increase Your International Sales – Webinar Archive“; U.S. Commercial Service

* Web Form: “Compliance Snapshot Assessment“; Commonwealth Trading Partners (CTP)
* Online: “
Customs Broker Exam Prep Course
“; The Exam Center
 
Seminars and Conferences
 

 
 

* Aug 6: Detroit, MI; “Export Compliance and Controls“; Global Trade Academy
* Aug 7: Detroit, MI; “
Export Controls Specialist – Certification“; Global Trade Academy
* Aug 7-9: Detroit, MI; “Export Controls Specialist – Certification“; Global Trade Academy
* Aug 7: Orlando, FL; “Import Documentation and Procedures Seminar“; International Business Training 
* Aug 8: Orlando, FL; “Export Documentation and Procedures Seminar“; International Business Training
* Aug 14-15: Milpitas, CA; “Complying with US Export Controls“; Bureau of Industry and Security
* Aug 14-15: Atlanta, GA; “2018 Trade Symposium“; U.S. Customs and Border Protection
* Aug 15: Minneapolis, MN; “Export Documentation and Procedures Seminar“; International Business Training 
* Aug 16: Indianapolis, IN; “
Export Documentation and Procedures Seminar
“; International Business Training 
* Aug 16: Milpitas, CA; “Encryption Controls“; Bureau of Industry and Security
* Aug 16: Minneapolis, MN; “Incoterms 2010: Terms of Sale Seminar“; International Business Training 
* Aug 17: Indianapolis, IL; Incoterms 2010: Terms of Sale Seminar“; International Business Training 
* Aug 20: Cincinnati, OH; “Export Documentation and Procedures Seminar“; International Business Training  

*
 Aug 21: Leeds, UK; “
Understanding Exporting
“; Chamber International

*
 Aug 22: London, UK; “
Advanced Exporting
“; UK Institute of Export and International Trade

* Aug 22: Minneapolis, MN; “Import Documentation and Procedures Seminar“; International Business Training
* Aug 23: Cincinnati, OH; “Import Documentation and Procedures Seminar“; International Business Training 
* Aug 24: Houston, TX; “Export Documentation and Procedures Seminar“; International Business Training  

*
Aug 29: Leeds, UK; “
Understanding Incoterms
“; Chamber International

*
Sep 3: Edinburgh, UK; “
Intermediate Seminar
“; UK Department for International Trade
*
Sep 4: Edinburgh, UK; “
Beginner’s Workshop
“; UK Department for International Trade

*
Sep 4: Edinburgh, UK; “
Control List Classification – Combined Dual Use and Military
“; UK Department for International Trade

*
Sep 4: Edinburgh, UK; “
Licenses Workshop
“; UK Department for International Trade

*
Sep 4: Leeds, UK; “
Methods of Payment & Letters of Credit
; Chamber International

*
 Sep 4: London, UK; “
An Introduction to Exporting
“; UK Institute of Export and International Trade

*
Sep 5: Aberdeen, UK; “
Beginner’s Workshop
“; UK Department for International Trade

Sep 5: Aberdeen, UK; “
Intermediate Seminar
“; UK Department for International Trade
*
 Sep 6: Aberdeen, UK; “
Licenses Workshop
“; UK Department for International Trade

* Sep 11-13: Annapolis, MD; ”
Defense Industry Experts and ITAR/EAR Boot Camp“; Export Compliance Solutions;
spalmer@exportcompliancesolutions.com; 866-238-4018
* Sep 11-13: Detroit, MI; “
Export Controls Specialist Certification
“; Global Trade Academy 

*
Sep 11: Leeds, UK; “
Export Documentation and Export Procedures
“; Chamber International

* Sep 12: Buffalo, NY; “Export Documentation and Procedures Seminar“; International Business Training 
* Sep 12-13: Springfield, RI; “Complying with US Export Controls“; Bureau of Industry and Security
* Sep 12-19: Chicago, IL; “Import 5-Day Boot Camp“; Global Trade Academy 
* Sep 13: Buffalo, NY; “Import Documentation and Procedures Seminar“; International Business Training 
* Sep 13: Frankfurt, Germany; “BAFA/U.S. Export Control Seminar 2018“; 
* Sep 13-17: Galveston, TX (Cruise); “ICPA @ SEA!“; International Compliance Professionals Association (ICPA)
* Sep 16-19: Atlanta, GA; “2018 Annual Conference and Exposition“; National Association of Foreign Trade Zones (NAFTZ)
* Sep 17: Los Angeles, CA; “Import Compliance“; Global Trade Academy
* Sep 17-20: Columbus, OH; “University Export Controls Seminar at The Ohio State University in Columbus“; Export Compliance Training Institute (ECTI); jessica@learnexportcompliance.com; 540-433-3977
* Sep 17-21: Los Angeles, CA; “Import 5-Day Boot Camp“; Global Trade Academy  
* Sep 18: Anaheim, CA; “Import Documentation and Procedures Seminar“; International Business Training 
* Sep 18: Los Angeles, CA; “Tariff Classification for Importers and Exporters“; Global Trade Academy 
* Sep 19: Washington, D.C.; “DDTC In-House Seminar“; Department of State (Registration: Aug 10 – Aug 31; first come, first served)
* Sep 19: Los Angeles, CA; “NAFTA and Trade Agreements“; Global Trade Academy
* Sep 19-20: Rome, Italy; “Defense Exports 2018“; SMi

* Sep 19-20: Los Angeles, CA; ”
Complying With U.S. Export Controls“; BIS

* Sep 20: Pittsburgh, PA; “Export Documentation and Procedures Seminar“; International Business Training 
* Sep 20: Los Angeles, CA; “Country and Rules of Origin“; Global Trade Academy
* Sep 21: Los Angeles, CA; “Customs Valuation – The Essentials“; Global Trade Academy
* Sep 21: Pittsburgh, PA; “Incoterms 2010: Terms of Sale Seminar“; International Business Training 
* Sep 21-24: Detroit, Michigan; “Best Customs Broker Exam Course“; GRVR Attorneys 

*
 Sep 24: Seligenstadt, Germany; “
Follow-Up Fachtagung
“; FALEX

* Sep 25-26; Chicago, IL; ”
Financial Crime Executive Roundtable“; American Conference Institute
* Sep 25: Kansas City, MO; “Import Documentation and Procedures Seminar“; International Business Training 

*
 Sep 25: Leeds, UK; “
Understanding Exporting & Incoterms
“; Chamber International

*
 
Sep 25-26: San Francisco, CA; “
11th West Coast Conference on FCPA Enforcement and Compliance
“; American Conference Institute

* Sep 25-26: Toronto, Canada; ”
4th Forum on Economic Sanctions and Compliance Enforcement“; C5 Group

* Sep 26: Kansas City, MO; “Export Documentation and Procedures Seminar“; International Business Training 
* Sep 26: McLean, VA; “EAR Basics“; FD Associates 
* Sep 26: Oxford, UK; “Intermediate Seminar“; UK Department for International Trade
* Sep 27: Oxford, UK; “Beginner’s Workshop“; UK Department for International Trade
* Sep 27: Oxford, UK; “Licenses Workshop“; UK Department for International Trade
* Sep 27: Oxford, UK; “Control List Classification – Combined Dual Use and Military“; UK Department for International Trade
* Sep 28: Anaheim, CA; “Export Documentation and Procedures Seminar“; International Business Training 

* Oct 2: Bruchem, Netherlands; “Awareness Course U.S. Export Controls: ITAR & EAR From a Non-U.S. Perspective“; Full Circle Compliance

*
 Oct 2: Leeds, UK; “
Export Documentation
“; Chamber International


Oct 2: Manchester, UK; “E-Z CERT: 
How To Process Your Export Documentation Online
” Greater Manchester Chamber of Commerce

* Oct 5: Boston, MA; “
Incoterms 2010: Terms of Sale Seminar“; International Business Training
* Oct 5: Boston, MA; “ Incoterms: A Strategic Approach“; International Business Training
* Oct 9: New Orleans, LA
; “
Import Documentation and Procedures Seminar
“; International Business Training


Oct 10: Manchester, UK; “
Export Documentation Training Course
” Greater Manchester Chamber of Commerce

* Oct 11: New Orleans, LA; “Export Documentation and Procedures Seminar“; International Business Training 

*
 Oct 11: Rotterdam, NL; “
Trade Compliance Congres
;” SDU, Customs Knowledge, and EvoFenedex

* Oct 12: New Orleans, LA; “Incoterms 2010: Terms of Sale Seminar“; International Business Training
* Oct 15-19: Chicago, IL; “Certified Classification Specialist“; Global Trade Academy
* Oct 16-18: Dallas, TX; “Partnering for Compliance West Export/Import Control Training and Education Program“; Partnering for Compliance


Oct 17: Manchester, UK; “
Understanding Tariff Codes
” Greater Manchester Chamber of Commerce

October 17-18; Miami/Fort Lauderdale, FL; “11th Maritime Forwarding, Freight Logistics & Global Chain Supply Workshop“; ABS Consulting; albert@abs-consulting.net; 954 218-5285
 

* Oct 18-19: McLean, VA; “ITAR Fundamentals“; FD Associates
* Oct 19: Dallas TX; “
Customs/Import Boot Camp
“; Partnering for Compliance
* Oct 21-23: Grapevine, TX; “2018 Fall Conference“; International Compliance Professionals Association (ICPA)
* Oct 22-26: Dallas, Texas; “Best Customs Broker Exam Course“; GRVR Attorneys
* Oct 22-23: Arlington, VA; “2018 Fall Advanced Conference“; Society for International Affairs (SIA)
* Oct 24: Leeds, UK; “Intermediate Seminar“; UK Department for International Trade
* Oct 25: Leeds, UK; “Beginner’s Workshop“; UK Department for International Trade
* Oct 25: Leeds, UK; “Licenses Workshop“; UK Department for International Trade
* Oct 25: Leeds, UK; “Control List Classification – Combined Dual Use and Military“; UK Department for International Trade
* Oct 26: Louisville, KY; “Incoterms 2010: Terms of Sale Seminar“; International Business Training
* Oct 26: Milwaukee, WI; “Incoterms: A Strategic Approach“; International Business Training 
* Oct 29 – Nov 1: Phoenix, AZ; ITAR Defense Trade Controls / EAR Export Controls Seminar“; ECTI; jessica@learnexportcompliance.com; 540-433-3977

* Oct 29: Seattle, WA; ”
Export Compliance & Controls 101“; Global Trade Academy

* Oct 30 – Nov 1: Seattle, WA; “Export Controls Specialist – Certification“; Global Trade Academy

*
 
Oct 31 – Nov 1: Singapore;
7th Asia Summit on Anti-Corruption“;
American Conference Institute


* Nov 6: Detroit, MI; “Classification: How to Classify Parts“; Global Trade Academy


* Nov 7: Detroit, MI; ”
Advanced Classification of Machinery and Electronics“; Global Trade Academy

Nov 7: Manchester, UK; “
Understanding Incoterms
” Greater Manchester Chamber of Commerce

* Nov 7-9: London, UK; “TRACE European Forum, 2018“; TRACE Anti-Bribery Compliance Solutions
* Nov 7-9: Detroit, MI; “Advanced Classification for Machinery & Electronics“; Global Trade Academy

*
 Nov 8-9: Shanghai, China; “
ICPA China Conference
“; International Compliance Professionals Association

* Nov 12-15: Washington, D.C.; “ITAR Defense Trade Controls / EAR Export Controls Seminar“; ECTI; jessica@learnexportcompliance.com; 540-433-3977
* Nov 13: Tysons Corner, VA; “Made in America, Buy America, or Buy American: Qualify your Goods and Increase Sales“; Global Trade Academy
* Nov 14: Manchester, UK; “Intermediate Seminar“; UK Department for International Trade
* Nov 15: Manchester, UK; “Beginner’s Workshop“; UK Department for International Trade
* Nov 15: Manchester, UK; “Licenses Workshop“; UK Department for International Trade
* Nov 15: Manchester, UK; “Control List Classification – Combined Dual Use and Military“; UK Department for International Trade
* Nov 15: McLean, VA; “ITAR For the Empowered Official“; FD Associates
* Nov 16, San Diego, CA; “Incoterms 2010: Terms of Sale Seminar“; International Business Training


Nov 20: Manchester, UK; “
How to Claim Duty Relief on Export and Import Processes
” Greater Manchester Chamber of Commerce

Nov 21: Manchester, UK; “
Introduction to Exporting
” Greater Manchester Chamber of Commerce
 

* Nov 27: Houston, TX; “Duty Drawback Specialist – Certification“; Global Trade Academy
* Dec 3-7: Tysons Corner, VA; “Certified Classification Specialist“; Global Trade Academy 
* Dec 4-5: Frankfurt, Germany; “US Defence Contracting and DFARS Compliance in Europe;” C5 Group
* Dec 5: London, UK; “Intermediate Seminar“; UK Department for International Trade

*
 Dec 6: London, UK; “
Beginner’s Workshop
“; UK Department for International Trad

* Dec 6: London, UK; “Licenses Workshop“; UK Department for International Trade
* Dec 6: London, UK; “Control List Classification – Combined Dual Use and Military“; UK Department for International Trade
* Dec 6: London, UK; “International Documentation and Customs Compliance“; Institute of Export and International Trade

*
 Dec 6: Manchester, UK; “
Export Documentation Training Course
;” Greater Manchester Chamber of Commerce

* Dec 6: Manchester, UK; “
Introduction to Export Controls and Licenses
“; 
* Dec 14: Philadelphia, PA; “Incoterms 2010: Terms of Sale Seminar“; International Business Training
 
2019
 

* Jan 6-7: Long Beach, CA; ”
Fundamentals of FTZ Seminar“;

January 21-24, 2019: San Diego, CA; “ITAR Defense Trade Controls / EAR Export Controls Seminar”; ECTI; 540-433-3977

* Feb 12-13: Washington, D.C.; “
2019 Legislative Summit
“; National Association of Foreign Trade Zones (NAFTZ) 

* May 5-7: Savannah, GA; “2019 Spring Seminar“; National Association of Foreign Trade Zones (NAFTZ)
* Sep 8-11: Chicago, IL; “2019 Annual Conference and Exposition“; National Association of Foreign Trade Zones (NAFTZ)
 
Webinars 

 


* Aug 8: Webinar; ”
Incoterms 2010: Terms of Sale“; International Business Training 
* Aug 9: Webinar;
 “Export Compliance Essentials for Shipping“;
 ECTI;
 
540-433-3977
* Aug 23: Webinar; “Social Media for Trade and Logistics Professionals“; Foreign Trade Association
* Aug 27: Webinar; ”
Import Documentation and Procedures“; International Business Training


Sep 6: Webinar; “University Export Controls Program: Strength in Numbers“; 
ECTI; 540-433-3977
* Sep 
19: Webinar; “
International Logistics
“; International Business Training
 

* Sep 24: Webinar; “Tariff Classification: Using the Harmonized Tariff Schedule; International Business Training
* Sep 25: Webinar; “NAFTA Rules of Origin“; International Business Training 


Sep 26: Webinar; “
US Antiboycott Regulations: Clarified & Demystified
“; ECTI; 540-433-3977

* Oct 15: Webinar; “
Incoterms 2010: Terms of Sale
“; International Business Training  
* Nov 14: Webinar; “An Export Commodity Classification Number – ECCN“; Foreign Trade Association
* Dec 3: Webinar; “Tariff Classification: Using the Harmonized Tariff Schedule; International Business Training 

* Dec 4: Webinar; “NAFTA Rules of Origin“; International Business Training 
* Dec 5: Webinar; “Import Documentation and Procedures“; International Business Training
* Dec 11: Webinar; “
Incoterms 2010: Terms of Sale
“; International Business Training 

* Dec 20: Webinar; “International Logistics“; International Business Training 

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

ENEDITOR’S NOTES

EN_a114
. Bartlett’s Unfamiliar Quotations

(Source: Editor)
 

Leo Durocher (Leo Ernest Durocher; 27 July 1905 – 7 Oct 1991; nicknamed “Leo the Lip”, was an American professional baseball player, manager and coach. He played in Major League Baseball as an infielder. Upon his retirement, he ranked fifth all-time among managers with 2,009 career victories, second only to John McGraw in National League history.)
  – How you play the game is for college ball. When you’re playing for money, winning is the only thing that matters.

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

EN_a215. Are Your Copies of Regulations Up to Date?
(Source: Editor)

The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register.  The latest amendments to applicable regulations are listed below.
 


ATF ARMS IMPORT REGULATIONS: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War
  – Last Amendment: 15 Jan 2016: 
81 FR 2657-2723: Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect To Making or Transferring a Firearm. 
 

CUSTOMS REGULATIONS: 19 CFR, Ch. 1, Pts. 0-199
  – 
Last Amendment:
12 Jun 2018: 83 FR 27380-27407: Air Cargo Advance Screening (ACAS)
 
DOD NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL (NISPOM): DoD 5220.22-M

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


EXPORT ADMINISTRATION REGULATIONS (EAR): 15 CFR Subtit. B, Ch. VII, Pts. 730-774 

  – 
Last Amendments: 3 Aug 2018: 83 FR 38021-38023: Revision of Export and Reexport License Requirements for Republic of South Sudan Under the Export Administration Regulations; and 83 FR 38018-38021: U.S.-India Major Defense Partners: Implementation Under the Export Administration Regulations of India’s Membership in the Wassenaar Arrangement and Addition of India to Country Group A:5
 

 

FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 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 

 

FOREIGN TRADE REGULATIONS (FTR): 15 CFR Part 30  

  – Last Amendment: 24 Apr 2018:
83 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 
here.
  –
The latest edition (30 April 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 
website
BITAR subscribers are entitled to a 25% discount on subscriptions to the BAFTR. Government employees (including military) and employees of universities are eligible for a 50% discount on both publications at www.FullCircleCompiance.eu
 
* HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA), 1 Jan 2018: 19 USC 1202 Annex. (“HTS” and “HTSA” are often seen as abbreviations for the Harmonized Tariff Schedule of the United States Annotated, shortened versions of “HTSUSA”.)

  –
Last Amendment: 8 Jun 2018: Harmonized System Update 1809, containing 901 ABI records and 192 harmonized tariff records. 

  – HTS codes for AES are available here.
  – HTS codes that are not valid for AES are available here.

 
INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR): 22 C.F.R. Ch. I, Subch. M, Pts. 120-130.
  

  – Last Amendment: 14 Feb 2018:
83 FR 6457-6458: Amendment to the International Traffic in Arms Regulations: Addition of South Sudan [Amends ITAR Part 126.]

  – The only available fully updated copy (latest edition: 25 Apr 2018) of the ITAR with all amendments is contained in Bartlett’s Annotated ITAR
(“BITAR”), by James E. Bartlett III. The BITAR contains all ITAR amendments to date, plus a large Index, over 800 footnotes containing amendment histories, case annotations, practice tips, DDTC guidance, and explanations of errors in the official ITAR text. Subscribers receive updated copies of the BITAR in Word by email, usually revised within 24 hours after every ITAR amendment.
 The BITAR is available by annual subscription from the Full Circle Compliance 
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. BAFTR subscribers receive a 25% discount on subscriptions to the BITAR, please
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to receive your discount code.

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EN_a316
. Weekly Highlights of the Daily Bugle Top Stories
(Source: Editor)
 

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

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

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