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18-0806 Monday “Daily Bugle”

18-0806 Monday “Daily Bugle”

Monday, 6 August 2018

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

  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. State/DDTC: (No new postings.)
  4. Treasury/OFAC Updates Iran-Related FAQs
  5. White House Releases Executive Order Reimposing Sanctions with Respect to Iran
  6. EU Responds to Reimposition of U.S. Sanctions Against Iran; Reactivates Updated Blocking Statute Tomorrow
  7. EU Publishes Fact Sheet Concerning Updated Blocking Statute
  1. Reuters: “Democratic Candidates Told Not to Use ZTE, Huawei Devices: Source”
  2. Reuters: “EU Aims to Block U.S. Sanctions on Iran”
  3. ST&R Trade Report: “California District Export Council Seeks Members”
  1. A.V. Capobianco, B.P. Curran & Z. Alvarez: “BIS Expands Entity List with Addition Of 44 Chinese Parties”
  2. Torres Law PLLC: “Trade Wars Heating Up: More Tariffs on China”
  1. Monday List of Ex/Im Job Openings: 199 Jobs Posted This Week, Including 31 New Jobs
  1. Full Circle Compliance Presents U.S. Export Controls (ITAR/EAR) Awareness Training Course for Non-U.S. Organizations, 2 Oct in Bruchem, the Netherlands
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: ATF (15 Jan 2016), Customs (12 Jun 2018), DOD/NISPOM (18 May 2016), EAR (6 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

[No items of interest noted today.]

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

OGSOTHER GOVERNMENT SOURCES

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

* USTR; NOTICES; Proposed Modifications of Actions Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation; Extension of Comment Period [Publication Date: 7 Aug 2018.]
 
* Treasury/OFAC; NOTICES; Blocking or Unblocking of Persons and Properties [Publication Dates: 7 Aug 2018.]
* * * * * * * * * * * * * * * * * * * *

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(Source: 
Treasury/OFAC, 6 Aug 2018.)
Today, in connection with the President’s issuance of a new Iran-related Executive order 
“Reimposing Certain Sanctions with Respect to Iran” (New Iran E.O.), the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing 
Frequently Asked Questions (FAQs) relating to the New Iran E.O. OFAC is also amending existing 
FAQs relating to the Iran Freedom and Counter-Proliferation Act of 2012 and, in light of the revocation of certain prior E.O.s, archiving 
FAQs relating to E.O. 13622

Section 4 of E.O. 13628, and E.O. 13645.  
 
In addition, today OFAC published a revised 
statement and updated existing 
FAQs relating to the Administration’s implementation of the President’s May 8, 2018 decision to cease the United States’ participation in the Joint Comprehensive Plan of Action (JCPOA) and to reimpose all sanctions lifted or waived in connection with the JCPOA. Specifically, OFAC updated FAQ 1.4 and inserted new FAQs 2.3-2.7. Today marks the last day of the 90-day wind-down of certain sanctions relief specified in the JCPOA and as set out in the FAQs.

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(Source: 
The White House, 6 Aug 2018.)
 
By the authority vested in me as President by the Constitution and the laws of the United States of America, … 
 
I, DONALD J. TRUMP, President of the United States of America, in light of my decision on May 8, 2018, to cease the participation of the United States in the Joint Comprehensive Plan of Action of July 14, 2015 (JCPOA), and to re-impose all sanctions lifted or waived in connection with the JCPOA as expeditiously as possible and in no case later than 180 days from May 8, 2018, as outlined in the National Security Presidential Memorandum-11 of May 8, 2018 (Ceasing United States Participation in the Joint Comprehensive Plan of Action and Taking Additional Action to Counter Iran’s Malign Influence and Deny Iran All Paths to a Nuclear Weapon), and to advance the goal of applying financial pressure on the Iranian regime in pursuit of a comprehensive and lasting solution to the full range of the threats posed by Iran, including Iran’s proliferation and development of missiles and other asymmetric and conventional weapons capabilities, its network and campaign of regional aggression, its support for terrorist groups, and the malign activities of the Islamic Revolutionary Guard Corps and its surrogates, hereby order as follows …
 
Section 1. Blocking Sanctions Relating to Support for the Government of Iran’s Purchase or Acquisition of U.S. Bank Notes or Precious Metals; Certain Iranian Persons; and Iran’s Energy, Shipping, and Shipbuilding Sectors and Port Operators. … 
 
Sec. 2. Correspondent and Payable-Through Account Sanctions Relating to Iran’s Automotive Sector; Certain Iranian Persons; and Trade in Iranian Petroleum, Petroleum Products, and Petrochemical Products. … 
 
Sec. 3. “Menu-based” Sanctions Relating to Iran’s Automotive Sector and Trade in Iranian Petroleum, Petroleum Products, and Petrochemical Products. … 
 
Sec. 4. Agency Implementation Authorities for “Menu-based” Sanctions. … 
 
Sec. 5. Additional Implementation Authorities for “Menu-based” Sanctions. … 
 
Sec. 6. Sanctions Relating to the Iranian Rial. … 
 
Sec. 7. Sanctions with Respect to the Diversion of Goods Intended for the People of Iran, the Transfer of Goods or Technologies to Iran that are Likely to be Used to Commit Human Rights Abuses, and Censorship. 
  (a) The Secretary of the Treasury, in consultation with or at the recommendation of the Secretary of State, is hereby authorized to impose on a person the measures described in subsection (b) of this section upon determining that the person:
     (i) has engaged, on or after January 2, 2013, in corruption or other activities relating to the diversion of goods, including agricultural commodities, food, medicine, and medical devices, intended for the people of Iran;
    (ii) has engaged, on or after January 2, 2013, in corruption or other activities relating to the misappropriation of proceeds from the sale or resale of goods described in subsection (a)(i) of this section;
 
    (iii) has knowingly, on or after August 10, 2012, transferred, or facilitated the transfer of, goods or technologies to Iran, any entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran, or any national of Iran, for use in or with respect to Iran, that are likely to be used by the Government of Iran or any of its agencies or instrumentalities, or by any other person on behalf of the Government of Iran or any of such agencies or instrumentalities, to commit serious human rights abuses against the people of Iran;
    (iv) has knowingly, on or after August 10, 2012, provided services, including services relating to hardware, software, or specialized information or professional consulting, engineering, or support services, with respect to goods or technologies that have been transferred to Iran and that are likely to be used by the Government of Iran or any of its agencies or instrumentalities, or by any other person on behalf of the Government of Iran or any of such agencies or instrumentalities, to commit serious human rights abuses against the people of Iran;
    (v) has engaged in censorship or other activities with respect to Iran on or after June 12, 2009, that prohibit, limit, or penalize the exercise of freedom of expression or assembly by citizens of Iran, or that limit access to print or broadcast media, including the facilitation or support of intentional frequency manipulation by the Government of Iran or an entity owned or controlled by the Government of Iran that would jam or restrict an international signal;
    (vi) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the activities described in subsections (a)(i)-(a)(v) of this section or any person whose property and interests in property are blocked pursuant to this section; or
    (vii) is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this section.
  (b) With respect to any person determined by the Secretary of the Treasury in accordance with this section to meet any of the criteria set forth in subsections (a)(i)-(a)(vii) of this section, all property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of such person are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in.
  (c) The prohibitions in subsection (b) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order or, where specifically provided, the effective date of the prohibition.
 
Sec. 8. Entities Owned or Controlled by a United States Person and Established or Maintained Outside the United States. … 
 
Sec. 9. Revoking and Superseding Prior Executive Orders. The following Executive Orders are revoked and superseded:
  (a) Executive Order 13628 of October 9, 2012 (Authorizing the Implementation of Certain Sanctions Set Forth in the Iran Threat Reduction and Syria Human Rights Act of 2012 and Additional Sanctions With Respect to Iran); and
  (b) Executive Order 13716 of January 16, 2016 (Revocation of Executive Orders 13574, 13590, 13622, and 13645 With Respect to Iran, Amendment of Executive Order 13628 With Respect to Iran, and Provision of Implementation Authorities for Aspects of Certain Statutory Sanctions Outside the Scope of U.S. Commitments Under the Joint Comprehensive Plan of Action of July 14, 2015).
 
Sec. 10. Natural Gas Project Exception. … 
 
Sec. 11. Donations. … 
 
Sec. 12. Prohibitions. … 
 
Sec. 13. Entry into the United States. … 
 
Sec. 14. General Authorities. … 
 
Sec. 15. Evasion and Conspiracy. … 
 
Sec. 16. Definitions. ….
 
Sec. 17. Notice. … 
 
Sec. 18. Delegation to Implement Section 104A of CISADA. … 
 
Sec. 19. Rights. … 
 
Sec. 20. Effect on Actions or Proceedings, Blocked Property, and Regulations, Orders, Directives, and Licenses.
  (a) Pursuant to section 202 of the NEA (50 U.S.C. 1622), the revocation of Executive Orders 13716 and 13628 as set forth in section 9 of this order, shall not affect any action taken or proceeding pending not finally concluded or determined as of the effective date of this order, or any action or proceeding based on any act committed prior to the effective date of this order, or any rights or duties that matured or penalties that were incurred prior to the effective date of this order.
  (b) Except to the extent provided in statutes or regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order, the following are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: all property and interests in property that were blocked pursuant to Executive Order 13628 and remained blocked immediately prior to the effective date of this order.
  (c) Except to the extent provided in regulations, orders, directives, or licenses that may be issued pursuant to this order, all regulations, orders, directives, or licenses that were issued pursuant to Executive Order 13628 and remained in effect immediately prior to the effective date of this order are hereby authorized to remain in effect – subject to their existing terms and conditions – pursuant to this order, which continues in effect certain sanctions set forth in Executive Order 13628.
 
Sec. 21. Relationship to Algiers Accords. … 
 
…  This order is effective 12:01 a.m. eastern daylight time on August 7, 2018.
 
DONALD J. TRUMP
 
THE WHITE HOUSE,
August 6, 2018.

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(Source: 
European Commission, 6 Aug 2018.) [Excerpts.]
 
As the first batch of re-imposed US sanctions on Iran takes effect, the EU’s updated Blocking Statute enters into force on 7 August to mitigate their impact on the interests of EU companies doing legitimate business in Iran.
 
The updated Blocking Statute is part of the European Union’s support for the continued full and effective implementation of the Joint Comprehensive Plan of Action (JCPOA) – the Iran nuclear deal, including by sustaining trade and economic relations between the EU and Iran, which were normalized when nuclear-related sanctions were lifted as a result of the JCPOA.
 
The process of updating the Blocking Statute was launched by the Commission 
on 6 June 2018, when it added to its scope the extraterritorial sanctions the US is re-imposing on Iran. A two-month scrutiny period for the European Parliament and the Council followed. Since neither objected, the update will be published in the Official Journal and enter into force on 7 August.
 
More on the Blocking Statute 
 
The Blocking Statute allows EU operators to recover damages arising from US extraterritorial sanctions from the persons causing them and nullifies the effect in the EU of any foreign court rulings based on them. It also forbids EU persons from complying with those sanctions, unless exceptionally authorized to do so by the Commission in case non-compliance seriously damages their interests or the interests of the Union. The authorizations will be done on the basis of agreed criteria which will also be issued on 7 August.
 
To help EU companies with the implementation of the updated Blocking Statute the Commission will also publish a Guidance note to facilitate understanding of the relevant legal acts.
 
Next steps 
 
The European Union is fully committed to the continued, full and effective implementation of the JCPOA, as long as Iran also respects its nuclear-related commitments. The lifting of nuclear-related sanctions allowing for the normalization of trade and economic relations with Iran constitute essential parts of the JCPOA. At the same time, the European Union is also committed to maintaining cooperation with the United States, who remains a key partner and ally.
 
In addition to the above measure, the EU, in close coordination with Member States and other partners, is working on concrete measures aimed at sustaining the cooperation with Iran in key economic sectors, particularly on banking and finance, trade and investment, oil, and transport.
 
Background
 
On 8 May, President Trump decided to withdraw the US from the Joint Comprehensive Plan of Action (JCPOA) and to reinstate all previously lifted sanctions under this agreement. The re-imposed US sanctions will come into effect after a “wind-down” period of 90 days (ending 6 August 2018) for certain sanctions and 180 days (ending 4 November 2018) for others.
 
On 18 May, 
the Commission initiated several steps to preserve the interests of European companies investing in Iran and to enable the EIB to finance activities in Iran, demonstrating the EU’s commitment to the JCPOA.
 
On 6 June, the European Commission adopted the updates of the Blocking Statute and of the EIB’s External Lending Mandate, which enter into force on 7 August following the two-month non objection period.
 
On 6 July, 
a meeting of the Joint Commission of the JCPOA, convening the EU, E3 (France, Germany and the United Kingdom), Russia, China and Iran, took place in Vienna at ministerial level and was chaired by High Representative/Vice-President Federica Mogherini. All remaining parties to the deal reiterated their commitment to the full and continued implementation of the nuclear deal. They supported recent efforts to maintain the normalization of trade and economic relations with Iran and also noted EU’s efforts to update the Blocking Statute to protect EU companies. … 
 
* The press release will be updated on 7 August in the morning when the legal documents will be published in the Official Journal.

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(Source: 
EU Commission, 6 Aug 2018.) [Excerpts.] 
 
What is the Blocking Statute?
 
The EU introduced the Blocking Statute in 1996 
(Regulation 96/2271) in response to US extra-territorial sanctions legislation. It aims at countering the effects of US sanctions on EU economic operators engaging in lawful activity with third countries. The Blocking Statute constitutes an important achievement of unified EU action against extra-territorial legislation of third countries.
 
How does the Blocking Statute work?
 
The Blocking Statute applies with regard to the extra-territorial legislation mentioned in its Annex (“listed extra-territorial legislation”).
 
It forbids EU residents and companies (“operators”) from complying with the listed extra-territorial legislation unless they are exceptionally authorized to do so by the Commission; allows EU operators to recover damages arising from such legislation from the persons or entities causing them; and nullifies the effect in the EU of any foreign court rulings based on it.
EU operators should inform the European Commission – within 30 days since they obtain the information – of any events arising from listed extra-territorial legislation that would affect their economic or financial interests.
 
Why was the Blocking Statute updated? 
 
The update was triggered by the US’ unilateral decision on 8 May 2018 to re-impose sanctions against Iran (after wind-down periods of 90 and 180 days, i.e. after 6 August 2018 and 4 November 2018) simultaneously with its withdrawal from the Joint Comprehensive Plan of Action (JCPOA) agreed in 2015 between Iran on the one hand, and China, France, Germany, the European Union, Russia, the United Kingdom, and the US, on the other. Some of the re-imposed sanctions have extra-territorial effects and could potentially affect EU operators doing legitimate business with Iran.
 
How is the Blocking Statute amended?
 
The EU has amended the annex to the Blocking Statute by adding within its scope the list of extra-territorial US sanctions on Iran that the United States is re-imposing.
 
The amendment is made through a Commission Delegated Regulation, which was adopted by the Commission on 6 June 2018 and to which neither the Council, nor the European Parliament have objected in the 2 months’ scrutiny period that was foreseen for this purpose. The Delegated Regulation will be published and enter into force on 7 August.
 
What kind of damages can EU operators ask compensation for? 
 
According to the Blocking Statute, EU operators can recover “any damages, including legal costs, caused by the application of the laws specified in its Annex or by actions based thereon or resulting therefrom”.
 
From whom can EU operators claim compensation for those damages?
According to the Blocking Statute, EU operators can recover damages, namely from “the natural or legal person or any other entity causing the damages or from any person acting on its behalf or intermediary”.
 
How can EU operators claim compensation? 
The action can be brought before the courts of the Member States and the recovery can take the form of seizure and sale of the assets of the person causing the damage, its representatives or intermediaries. As in any litigation for damages, it will be for the judge to assess the merits of the case, or the causal link.
 
Who is responsible for the implementation of the Blocking Statute? 
Implementation of the Blocking Statute, including deciding on effective, proportionate and dissuasive penalties for possible breaches is the competence of Member States. It is also for Member States to enforce those penalties.
 
What is the role of the European Commission? 
The European Commission has several roles: it gathers information from EU operators on possible cases of application of the listed extra-territorial legislation; it liaises with national authorities from EU Member states concerning such cases in their jurisdiction; it receives notification from and shares information with Member States on measures taken under the Blocking Statute and other relevant aspects.
 
The Commission can also, in exceptional cases, authorize an EU operator to fully or partially comply with the listed extra-territorial legislation if non-compliance would seriously jeopardies the interests of the operator or of the European Union. In doing so, the Commission is assisted by a Committee on Extra-Territorial Legislation composed of representatives of Member States.
 
The Implementing Regulation containing the criteria on the basis of which the Commission will assess such requests for authorization will also be published on 7 August, following full support by the Committee. … 

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NWSNEWS

(Source: 
Reuters, 4 Aug 2018.) [Excerpts.] 
 
The Democratic National Committee warned party candidates running in November elections not to use devices made by Chinese telecommunications companies ZTE Corp and Huawei Technologies because they pose a security risk, a Democratic source said on Friday.
 
U.S. lawmakers and the Trump administration have pressured U.S. companies to not sell Huawei or ZTE products, saying they potentially could be used to spy on Americans. Earlier this year they pushed AT&T to drop a deal with Huawei to sell its smartphones in the United States. … 
 
Federal Communications Commission Chairman Ajit Pai told Congress in March he shared the concerns of U.S. lawmakers about espionage threats from Huawei.
 
  “Hidden ‘back doors’ to our networks in routers, switches – and virtually any other type of telecommunications equipment – can provide an avenue for hostile governments to inject viruses, launch denial-of-service attacks, steal data, and more,” Pai said at the time.
 
The U.S. Department of Defense has already stopped selling mobile phones and modems made by Huawei and ZTE in stores on its military bases, citing potential security risks.

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(Source: 
Reuters, 6 Aug 2018.) [Excerpts.]
 
The European Union vowed on Monday to counter U.S. President Donald Trump’s renewal of sanctions on Iran, in a test of the EU’s ability to preserve a deal that saw Iran limit its nuclear ambitions in exchange for removing strict curbs on its economy.
 
As Washington’s so-called “snapback” sanctions are reinstated on Tuesday, a new EU law to shield European companies will also take effect to try to mitigate what EU officials say is their “unlawful” reach beyond U.S. borders.
 
Sponsored
 
Despite protests from European allies, U.S. Secretary of State Mike Pompeo said Washington would fully enforce the sanctions. EU diplomats said they were awaiting details on Monday on how they will be implemented.
 
The EU and other parties to the 2015 deal, China and Russia, are working to maintain trade with Iran, which has threatened to stop complying with curbs on its nuclear work if it fails to see the economic benefits of relief from sanctions under the deal.
 
  “We deeply regret the re-imposition of sanctions by the U.S.,” the bloc said in a joint statement with the foreign ministers of France, Germany and Britain.
 
They pledged to work on preserving financial flows and Iran’s oil and gas exports – a lifeline of its economy.
 
EU officials hope the EU’s so-called blocking statute will mitigate the impact of U.S. sanctions for business, including by deterring U.S. authorities from enforcing some penalties.
 
But they admit it may not be enough to convince European firms to brave U.S. penalties in order to do business with Iran. Senior U.S. administration officials brushed off questions about the EU measure on Monday, warning the risks were real for companies working in Iran.
 
The new measure forbids EU persons from complying with U.S. sanctions or related court rulings and allows for firms to sue in court to recover potential damages from parties who withdraw from contracts due to U.S. sanctions.
 
  “For those who have exposure, there is no panacea. What this does is it provides a deterrence. It means that sanctions that are discretionary may never be applied,” one senior EU official said, adding that firms have rarely been fined under U.S. secondary sanctions in the past.
 
  “If they (sanctions) are applied, then that person can go to the court to recover that damage.”
 
“Protect Not Oblige”
 
Under the new rules, firms should apply for EU authorization to wind down operations in Iran if it is doing so to comply with U.S. sanctions but not if it is a business decision – a distinction that may be difficult to make.
 
The threat of EU penalties for European firms who fail to seek such a legal exemption for withdrawing from Iran due to U.S. sanctions has raised alarm among EU businesses that they could be penalized either way. Seeking to ease concerns, EU officials have stressed the measure seeks to “free not force” firms to remain invested in Iran.
 
EU officials say they will be strict in reviewing requests for exemptions – wary to undermine its effect by granting too many authorizations.
 
A number of other countries have asked EU officials for details on the blocking regulations as they also explore ways to bypass sanctions and their effect on oil markets: “There is a clear interest around the world,” one EU official said.
 
With the U.S. administration taking a hard line on granting waivers from sanctions, many major companies from the oil and gas industry to car manufacturers and consumer goods firms have already announced that they are quitting the country. … 

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The International Trade Administration is seeking by Aug. 17 nominations to serve as member of a new Central California District Export Council. As representatives of the local exporting community  DEC members must reside in, or conduct the majority of their work in, the territory that the DEC covers, which includes the counties of Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Mono, San Luis Obispo, Stanislaus, Tulare, and Tuolumne, and surrounding areas.
 
DECs facilitate the development of an effective local export assistance network, support the expansion of export opportunities for local U.S. companies, serve as a communication link between the business community and the U.S. and Foreign Commercial Service, and assist in coordinating the activities of trade assistance partners to leverage available resources. Each DEC has a maximum of 35 members appointed to staggered four-year terms. Because the CenCal DEC will be a new DEC, up to 17 members will be appointed from the date of appointment until Dec. 31, 2019, and up to 18 individuals will be appointed from the date of appointment until Dec. 31, 2021.
 
Appointment is based upon an individual’s international trade leadership in the local community, ability to influence the local environment for exporting, knowledge of day-to-day international operations, interest in export development, and willingness and ability to devote time to DEC activities. Members must be employed as exporters or export service providers or in a profession that supports U.S. export promotion efforts. 

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COMMCOMMENTARY

COMM_a0
11. 
A.V. Capobianco, B.P. Curran & Z. Alvarez: “BIS Expands Entity List with Addition Of 44 Chinese Parties”

(Source: 
Hogan Lovells, 2 Aug 2018.) 
 
* Authors: Anthony V. Capobianco, Esq.
; Brian P. Curran, Esq.
; and Z. Alvarez, Esq.
. All of Hogan Levells. Contact details here
 
Export compliance continues to be complicated for companies involved in business with China. On 1 August 2018, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) 
expanded the Entity List, restricting certain transactions with eight Chinese entities and 36 subordinate institutions. [FN/1] These 44 Chinese parties include large state-owned enterprises, and their subsidiaries, and high-tech research institutions involved in the semiconductor industry. BIS included no grace period in its notice, and the designations and restrictions explained below took effect immediately. Accordingly, these restrictions have an immediate impact on U.S. and non-U.S. companies, universities, and other organizations.
 
BIS designated the Chinese parties after determining that the parties acted “contrary to the national security or foreign policy interests of the United States.” BIS also determined that a number of the entities are “involved in the illicit procurement of commodities and technologies for unauthorized military end-use in China.”
 
BIS has imposed export license requirements on each listed person. These license requirements are independent of, and in addition to, license requirements otherwise imposed in the Export Administration Regulations (EAR) with regard to controlled products. As part of these designations, BIS chose to impose the strictest Entity List requirements. For example, a company must obtain a license to export, reexport, or transfer (in country) 
any item subject to the EAR to these Entity List entities. 
Moreover, BIS imposed a license review policy of “presumption of denial” for each of the newly-designated entities. This means that BIS is very unlikely to grant, without a compelling reason, any licenses requested for export, reexport, or transfer (in country) of any goods subject to the EAR to these listed entities. Lastly, no license exceptions are available for exports, reexports, or transfers (in-country) to the entities added to the Entity List.
 
Although certain EAR licensing requirements apply to related entities, such as parents, subsidiaries, and sister companies, the license requirements imposed by the Entity List do not extend to such legally distinct entities unless the listing specifically indicates that they do. If BIS determines that such legally distinct entity is acting as an agent, front, or shell company for the listed entity in order to circumvent the restrictions imposed by the Entity List, then the companies doing business with affiliates of newly-designated entities may violate the EAR and General Prohibition 10 if they sell, transfer, export, reexport, finance, order, buy, remove, conceal, store, use, loan, dispose of, transport, forward, or otherwise service, in whole or in part, any item subject to the EAR and exported or to be exported with the knowledge that a violation has occurred or is about to occur. Therefore, it is critical that companies transacting with affiliates of newly-designated parties are wary of the complex corporate structure of Chinese entities, and these companies should perform due diligence and discern the exact relationships between these entities.
 
—— 
  [FN/1] BIS also modified one entry on the Entity List under the destination of China to provide additional addresses and names for the entity at issue. 

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COMM_a01
12. 
Torres Law PLLC: “Trade Wars Heating Up: More Tariffs on China”

(Source: Torres Law PLLC, Trade Alert 3 Aug 2018. Available via 
 
On August 1, 2018, the United States Trade Representative (“USTR”) announced it was considering raising the proposed tariffs on $200 billion worth of goods imported from China from 10% to 25%. [FN/1] This is the latest in a long string of developments aimed at urging China to stop its unfair practices, open its market, and engage in true market competition. These proposed tariffs are in addition to the previously announced tariffs on $34 billion worth of goods, as well as the $16 billion that have been proposed. [FN/2] The reason for the tariff increase is what the Trump Administration calls, China’s illegal retaliation against U.S. workers, farmers, ranchers, and businesses.

 
The proposed tariffs on $200 billion of goods imported from China were originally announced on July 10, 2018, [FN/3] and published to the Federal Register on July 17th. As a result of the change in proposed duty rate from 10% to 25%, interested parties now have until August 13, 2018 to file a request to appear at a public hearing in Washington D.C. The hearing in Washington D.C. will be held over August 20-23. Also, the deadline for all comments to the proposed tariffs on $200 billion of goods has now been extended to September 5.
 
Comments can be submitted for any aspect of the proposed tariffs, including:
 
  – The specific tariff subheadings to be subject to increased duties, including whether specific subheadings should be removed or added;
  – The level of the increase, if any, in the rate of duty; and
  – The appropriate aggregate level of trade to be covered by additional duties.
 
According to USTR, commenters should specifically note whether the proposed increased duties would be effective to obtain the elimination of China’s acts, policies, and practices. Additionally, commenters should note whether the increased duties will cause disproportionate harm to U.S. interests, including small or medium size businesses.
 
Requests to appear at the public hearing and public comments should be submitted to regulations.gov, under docket number USTR-2018-0026. The deadline is fast approaching, and parties who are interested in filing a public comment or appearing at the public hearing should act fast to ensure they meet the applicable deadlines. Torres Law has and will continue to monitor any and all related tariff developments.
 
———-
  [FN/1] Office of the United States Trade Representative, Press Releases, Statement by U.S. Trade Representative Robert Lightizer on Section 301 Action, available 
here (last visited August 2, 2018).
  [FN/2] For more information on the previous Section 301 tariffs, please see our previously published article, Tariffs: The Never-ending Saga. Available 
here.
  [FN/3] The original announcement, as well as the list of products affected is available 
here.

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MSEX/IM MOVERS & SHAKERS

MS_a113. Monday List of Ex/Im Job Openings; 199 Jobs Posted This Week, Including 31 New Jobs

(Source: Editor) 
 

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

 
* COMPANY; LOCATION; POSITION TITLE (WEBLINK); CONTACT INFORMATION; REQUISITION ID
 

#
” New or amended listing this week

* Aerojet Rocketdyne; Huntsville, AL; 
International Trade and Compliance Specialist;

* Aerojet Rocketdyne; Camden, AR;
International Trade and Compliance Specialist;

Aerojet Rocketdyne; Canoga Park, CA; 
Manager, Industrial Security & Compliance
;

* Agility; Atlanta, GA; Ocean Import Coordinator

* Agility; Bensenville, IL; Ocean Export Coordinator;

* Agility; Basel, Switzerland;
International Exhibition Coordinator

* Agility; Burlingame, CA;
 
Ocean Import Coordinator
;

* Agility; East Boston, MA; 
Customs/Entry Writer Coordinator


Agility; Houston, TX; 
Air Freight Export Account Executive;
* Agility; Houston, TX; Ocean Export Coordinator

* Agility; Queens, NY; Air Export Coordinator;
* Agility; Queens, NY; Air Export Coordinator;

* Albemarle Corporation; Baton Rouge, LA; Logistics Specialist – Trade Compliance and Marine Specialist

*
 Alcoa Group; Knoxville, TN;
Trade Compliance Administrator
;

* Amazon; Seattle, WA; Head, Global Trade and Product Compliance
;
* Amazon; Seattle, WA;
 
Global Trade Compliance Analyst;

*
Amazon; Seattle, WA; US Export Compliance PM;


Arrow; Hong Kong, China; 
Legal Affairs and compliance Director
;


Augusta Westland; Philadelphia, PA; 
Manager, Import Export
;

* Arrow; Multiple Locations: Centennial, CO; Phoenix, AZ; Reno, NV;
Global Trade Management & Compliance Officer – Trade Compliance Analyst
;

* Arrow; Shanghai, China; Compliance Manager;


BAE
 Systems; Arlington, VN; 
Senior Import Export Analyst
; Requisition ID: 39941BR

BAE
 Systems; Kingsport, TN; 
Government Compliance Manager;
 Requisition ID: 41212BR

BAE
 Systems; McLean, VN; 
Import Export Director
; Requisition ID: 40458BR

* BAE Systems; Rockville, MD; Compliance Specialist Senior; Requisition ID: 35809BR
* BAE Systems; Sterling, VA; Compliance Specialist Senior; Requisition ID: 36370BR

* Bass Pro Shops; Springfield, MO;
Global Trade Compliance Specialist
;


Boeing; Dallas, TX; 
Global Regulatory and Compliance Specialist 4
; Requisition ID: 12795

* Boeing; Englewood, CO;
Compliance Specialist 4
; Requisition ID: 1268;


Boeing; Manassas, VA; 
Export Control Manager
; Requisition ID: 1900

Boeing; Saint Louis, MO; 
 Trade Control Specialist
; Requisition ID: 1800068012

Boeing; Zoushan, China; 
 Compliance Analyst

* Boeing; Zoushan, China;
Trade Compliance Manager;

* Cree, Inc.; Durham, NC; Export Compliance Specialist
Contact asignorelli@cree.com;
Requisition ID: 2018-630
0

* Curtiss-Wright; Chanhassen, MN;
Logistics & Compliance Specialist; Requisition ID: 2835

Curtiss-Wright; Shelby, NC; 
Import / Export Compliance Analyst; 
Requisition ID: 3294

Destaco; Auburn Hills, MI; 
Manager, Global Compliance
; Clenetta Frazier; 
cfrazier@destaco.com
; Requisition ID:  16261


* Disney Parks & Resorts; Kissimmee, FL;
Senior Manager, Trade Compliance
; Requisition ID: 552655BR;


The Dow Chemical Company; Drusenheim, France; International Trade Compliance Specialist; Requisition ID: 
1805345

*
 DynCorp International; Tampa, FL; Foreign Disclosure Officer; Requisition ID: PR1701977

* Eaton; Hungary; Manager Global Trade Management EMEA – Imports (in any EMEA location)Requisition ID: 052687

* Eaton; Multiple Locations: Cleveland, Ohio; Moon Township, Pennsylvania; Eden Prairie, Minnesota; Peachtree City, Georgia; Galesburg, Michigan; Manager, Supply Chain Governance, Risk & ComplianceRequisition ID: 054321

* Eaton; Reynosa, MexicoTrade Compliance SpecialistRequisition ID: 054044
* Eaton; Syracuse, NY; Global Logistics Manager; Requisition ID: 036620 

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

* Eli Lilly and Co.; Indianapolis, IN; Import/Export Trade Associate;
Embraer; Fort Lauderdale, FL;
Compliance Specialist II
; Requisition ID: 170685;
* Ensign-Bickford Aerospace & Defense Co.; Moorpark, CA;
Import/Export Specialist; Missy Clark;
maclark@eba-d.com;
* 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; Bedfont, United Kingdom; 
District Trade Compliance Manager
;
* Expeditors; Detroit, MI; US Export Compliance Consultant;
* Expeditors; Dublin, IE; Consultant – Customs and Trade Compliance;
* Expeditors; Dusseldorf, Germany; Clerk, Airfreight Import;

*
 Expeditors; Krefeld, Germany; 
Clerk, Airfreight Import
; 
* Expeditors; Plainfield, IN; District Trade Compliance Manager;
* Expeditors; Sunnyvale, CA, USA; Customs Compliance Coordinator;
* Expeditors; Sunnyvale, CA, USA; Customs Compliance Specialist;
* Expeditors; Stockholm, SE; District Trade Compliance Manager;


* Export Solutions Inc.; Melbourne FL; 
Trade Compliance Specialist
;
info@exportsolutionsinc.com

* Flash Global; Mountain Lakes, NJ;
Import and Export Specialist;

* 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;
Associate Compliance Specialist
; Requistion ID: 19856BR;
* General Atomics; San Diego, CA;
Government Compliance Specialist
; Requisition ID: 19499BR;

* General Atomics; San Diego, CA; 
Import/Export Trade Compliance Administrator – Licensing
Requisition ID: 17968BR
* General Atomics; San Diego, CA; Internal Auditor – Senior; Requisition ID: 17524BR 

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

* General Atomics; San Diego, CA;
Senior Government Compliance Specialist
; Requisition ID: 19500BR;


General Electric; Ft Worth TX, Chicago IL, or Erie, PA; 
Senior Project Manager, Customs & Brokerage, Transportation
; Requisition ID: 3134046

* General Electric; Lynn, MA;
Senior Export Control Specialist, Aviation
; Requisition ID: 3146429

* 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: 
180002QT

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

* Honeywell International Inc.; Sunnyvale, CA or Lincolnshire, IL; Sr. Import/Export Analyst; HRD32371

* Hussman; Bridgeton, MO; 
Trade Compliance Specialist;

* Infineon Technologies; Milpitas, CA;
Export Compliance Specialist; Requisition ID: 26988
* Infineon Technologies; Munich, Germany; Manager Export Control;
* Infineon Technologies; Munich, Germany; Specialist Export Control;

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

*
 InteliTrac Global Solutions; Herndon, VA;
ITAR Compliance Official
;

* Johnson Controls; Boca Raton, FL; Licensing Coordinator; Requisition ID: 
WD30047852135
* Johnson Controls; Boca Raton, FL; Licensing Coordinator; Rquisition ID: 
WD30047853135
* Johnson Controls; Milwaukee, WI; Trade Compliance Analyst; Requisition ID: WD30047348124
* Johnson Controls; Tamaulipas, Matamoros, Mexico; Trade Compliance Specialist; Requisition ID: EB00064420180

* Komatsu; Milwaukee, WI; Senior International Trade Compliance AnalystRequisition ID: 12728

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


Leonardo DRS; Arlington, VA; 
Trade & Compliance Director

Requisition ID: 91287

Leonardo DRS; Cypress, CA; 
Contracts & Compliance Manager
; Requisition ID: 91594

Leonardo DRS; Dallas, TX; 
 Contracts & Compliance Administrator
; Requisition ID: 91611

Leonardo DRS; Dallas, TX; 
Contracts & Compliance Manager
; Requisition ID: 91608

Leonardo DRS; Melbourne, FL; 
Senior Manager Contract and Compliance
; Requisition ID: 90731

Leonardo DRS; Melbourne, FL; 
Senior Supply Chain Analyst – Small Business Compliance
; Requisition ID: 91669

Leonardo DRS; St. Louis, MO; 
Trade Compliance Specialist
; brandy.mormino@drs.com; Requisition ID: 88127

* Leonardo DRS; St. Louis;
Trade Compliance Specialist
; Requisition ID: 88127, or contact 
brandy.mormino@drs.com 

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

Lockheed Martin; Arlington, VA; 
International Trade Compliance Engineer
; Job ID: 439787BR

* Lockheed Martin; Arlington, VA; 
Senior International Licensing Analy
st; ID: 
438635BR
* Lockheed Martin; Arlington, VA; 
International Trade Compliance Senior Analyst
; ID: 433621BR
* Lockheed Martin; Arlington, VA; 
International Trade Compliance Engineer
; ID: 
439787BR

* Lockheed Martin; Fort Worth, TX; Export and Import Compliance Investigations Lead; Job ID: 427872BR


Lockheed Martin; Fort Worth, TX; 
Regulatory Compliance Analyst
; Job ID: 439674BR

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

* Lockheed Martin; Orlando, FL; 
Senior International Licensing Analyst
; Requisition ID: 
434225BR 

Lockheed Martin; Orlando, FL; 
International Trade Compliance Manager; 
Job ID: 439904BR 

Lockheed Martin; Stratford, CT; 
 Compliance Auditor
; Job ID; 434724BR


* Luminar Technologies; Orlando, FL;
Import/Export Trade Compliance Specialist
;

* 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
* Maersk/DAMCO; Agent de transit IMPORT – EXPORT; Job Ref.: DC-164022
* Medtronic; Heerlen, The Netherlands;
Trade Compliance Analyst
; Requisition ID: 16000DYY
* Medtronic; Wash DC;
Global Trade Lawyer
;
stacy.m.johnson@medtronic.com
; Requisition ID: 170002ON

* Meggit; Akron, OH;
Senior Manager Trade Compliance;

* Mercury Systems; Andover, MA; International Trade Compliance Director; Requisition ID: 18-165
* Mitchell Martin, Inc.; Dallas, Texas;
Export Regulatory Trade Compliance Specialist
; Requisition ID: 104405

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

* Muscogee International, LLC; Washington, D.C.;
DDTC Policy Analyst
Apply 
HERE
 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
Apply 
HERE
 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.

*
Netflix; Los Angeles, CA;
Manager, Trade Compliance
;


Northrop Grumman; Baltimore, MD; 
International Trade Compliance Analyst (level 2 or 3)- Import
; Requisition ID: 18013545

Northrop Grumman; Baltimore, MD; 
International Trade Compliance Analyst (level 2 or 3)- Import
; Requisition ID: 18014715

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

* Northrop Grumman; Herndon, VA;
Manager, International Trade Compliance 2

Requisition ID

17022803
 
 

*
 Northrop Grumman; Herndon, VA;
Manager, International Trade Compliance 2
; Requisition ID: 17022805
* Northrop Grumman; Herndon, VA; International Trade Compliance Analyst 3; Requisition ID: 18007859
* Northrop Grumman; McLean, VA; International Trade Compliance Analyst 3; Requisition ID: 18012973

* OCR Services, Inc.; Rockville, MD;
Business Analyst, Global Trade Compliance;

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

* Optics 1; Bedford NH, Senior Trade Compliance Administrator

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

* Oshkosh Corporation; Greenville, WI; Senior Global Trade Compliance Analyst – Licensing; ID: 
183273

* PerkinElmer, Inc.; Shelton, CT;
Systems Analyst, Trade Compliance Solutions;
* PerkinElmer, Inc.; Singapore; ITC Specialist; Requisition ID: JR-003936

* Raytheon; Billerica, MA; 
Mgr I Export-Import Control
; Requisition ID: 
118298BR


Raytheon; El Segundo, CA; 
Import Control and Compliance Advisor
; APPLY Requisition ID 119247BR

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

* 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; Tuscon, AZ; 
Principal Analyst Export Licensing And Compliance
Requisition ID:
112176BR
* Raytheon; Woburn, MA; 
Global Trade Export Licensing & Compliance Advisor
Requisition ID:
117939BR
* Raytheon; Woburn, MA; Supply Chain Compliance Advisor; Requisition ID:
115557BR

*
 SABIC; Houston TX; 
Senior Analyst, Trade Compliance
;
Danielle.Cannata@sabic.com
; Requisition ID: 8411BR

* 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; Calabasas, CA;
Global Trade Compliance Specialist
; Requisition ID: 4088;

* 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;

* Teva Pharmaceuticals; North Wales, PA; 
Senior Analyst, Customs & Trade Compliance
;

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

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

* Varian; Paolo Alto, CA; Senior Trade Compliance Analyst; Requisition ID: 12735BR; Contact 
Uyen Tran at
Uyen.Tran@varian.com
* Varian; Paolo Alto, CA; 
Trade Compliance Analyst; 
Requisition ID: 
13097BR;

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

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

* Virgin Galactic; Las Cruces, NM; Export Compliance Officer; Requisition ID: 2018-3558

* Watts Water Technologies; Andover, MA;
Customs Compliance Specialist
;
* World Wide Technology; Edwardsville, IL;
International Trade Compliance Specialist
;

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

* Xylem, Inc.; Bangalore, Karnataka, IndiaThird Party Contract & Compliance Coordinator;

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

* Xylem, Inc.; Pewaukee, WI; Logistics Manager/Trade Compliance;

* YETI; Austin, TX;
Global Trade Compliance Manager 

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


TECEX/IM TRAINING EVENTS & CONFERENCES

(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   
* * * * * * * * * * * * * * * * * * * *

ENEDITOR’S NOTES


Lucille Ball (Lucille Désirée Ball; 6 Aug 1911 – 26 Apr 1989; was an American actress, comedian, model, film-studio executive, and producer. She was the star of the self-produced sitcoms 
I Love Lucy, The Lucy-Desi Comedy Hour, The Lucy Show, Here’s Lucy, and 
Life with Lucy.)
 – “I’d rather regret the things I’ve done than regret the things I haven’t done.” 


Alfred Lord Tennyson (Alfred Tennyson, 1st Baron Tennyson FRS (6 Aug 1809 – 6 Oct 1892; was Poet Laureate of Great Britain and Ireland during much of Queen Victoria’s reign and remains one of the most popular British poets.  Tennyson excelled at penning short lyrics, such as “Break, Break, Break”, “The Charge of the Light Brigade”, “Tears, Idle Tears”, and “Crossing the Bar.”  He is the ninth most frequently quoted writer in The Oxford Dictionary of Quotations.)

  – “My strength is as the strength of ten, because my heart is pure.”
 
Monday is pun day.
 
* Did you hear about the restaurant on the moon?  Great food, but no atmosphere.
* What do you get if you stand between two llamas?  Llamanated.
  
– Elizabeth Wortham Hirschhorn

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

EN_a316
. 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: 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
here.
  – 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.  
 
*
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
 
website
. BAFTR subscribers receive a 25% discount on subscriptions to the BITAR, please
contact us

to receive your discount code.  

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

EN_a0317
Weekly Highlights of the Daily Bugle Top Stories

(Source: Editor) 

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

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

EPEDITORIAL POLICY

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

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

* 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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