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18-0827 Monday “Daily Bugle”

18-0827 Monday “Daily Bugle”

Monday, 27 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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  1. State Implements New Russia Sanctions Pursuant to Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: Citibank, NA, to Pay $60,000 to Settle Alleged Antiboycott Violations
  3. State/DDTC: (No new postings.)
  4. WCO Publishes New Guides Supporting Implementation of AEO Programs and MRAs
  1. Expeditors News: “Changing Trade Environment Generates Interest at CBP Trade Symposium”
  2. Reuters: “U.S., Mexico Reach NAFTA Deal as Pressure Turns to Canada”
  3. Seattle Times: “Seattle Judge Blocks Release of Downloadable Blueprints for Producing 3d-Printable Guns”
  4. ST&R Trade Report: “Imports of 29 Chemical Substances to Require Advance Notice”
  5. Xinhua: “Laos Adapts ASEAN Tarriff Code”
  1. M. Volkov: “Episode 53 – How to Test and Evaluate Your Compliance Program”
  2. M.A. Srere: “Second Circuit Checks DOJ’s Overbroad Interpretation of FCPA Jurisdiction”
  3. S. Ross: “New Law Imposes Disclosure Requirements on Software Licensors”
  1. Roscoe Howard to Head Team Overseeing ZTE Export Compliance
  2. Monday List of Ex/Im Job Openings: 193 Openings Posted This Week, Including 9 New Openings
  1. ECTI Presents “IT Security, Cloud Computing, and Export Controls” Webinar, 3 Oct
  2. FCC to Present U.S. Export Controls 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 (14 Aug 2018), ITAR (14 Feb 2018) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1. 
State Implements New Russia Sanctions Pursuant to Chemical and Biological Weapons Control and Warfare Elimination Act of 1991
(Source: 
Federal Register, 27 Aug 2018.) [Excerpts.] 
 
83 FR 43723-43724: Determinations Regarding Use of Chemical Weapons by Russia Under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991
 
* AGENCY: Bureau of International Security and Nonproliferation, Department of State.
* ACTION: Notice.
* SUMMARY: The Department of State, acting under authority delegated to the Secretary of State pursuant to Executive Order 12851, has determined pursuant to Section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 that the Government of the Russian Federation has used chemical weapons in violation of international law or lethal chemical weapons against its own nationals. In addition, the Department of State has determined and certified to Congress pursuant to Section 307(d) of the Act that it is essential to the national security interests of the United States to partially waive the application of the sanctions required under Section 307(a) of the Act with respect to foreign assistance, the licensing of defense articles and services, and the licensing of national security-sensitive goods and technology. The following is a notice of the sanctions to be imposed pursuant to Section 307(a) of the Act, subject to these waivers.
* DATES: 
The determination is effective on August 27, 2018. … 
* SUPPLEMENTARY INFORMATION: Pursuant to Sections 306(a), 307(a), and 307(d) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, as amended (22 U.S.C. Section 5604(a) and Section 5605(a)), on August 6, 2018, the Deputy Secretary of State determined that the Government of the Russian Federation has used chemical weapons in violation of international law or lethal chemical weapons against its own nationals. As a result, the following sanctions are hereby imposed:
  (1) 
Foreign Assistance: Termination of assistance to Russia under the Foreign Assistance Act of 1961, except for urgent humanitarian assistance and food or other agricultural commodities or products.
  The Department of State has determined that it is essential to the national security interests of the United States to waive the application of this restriction.
  (2) 
Arms Sales: Termination of (a) sales to Russia under the Arms Export Control Act of any defense articles, defense services, or design and construction services, and (b) licenses for the export to Russia of any item on the United States Munitions List.
  The Department of State has determined that it is essential to the national security interests of the United States to waive the application of this sanction with respect to the issuance of licenses in support of government space cooperation and commercial space launches, provided that such licenses shall be issued on a case-by-case basis and consistent with export licensing policy for Russia prior to the enactment of these sanctions.
  (3) 
Arms Sales Financing: Termination of all foreign military financing for Russia under the Arms Export Control Act.
  (4) 
Denial of United States Government Credit or Other Financial Assistance: Denial to Russia of any credit, credit guarantees, or other financial assistance by any department, agency, or instrumentality of the United States Government, including the Export-Import Bank of the United States.
  (5) 
Exports of National Security-Sensitive Goods and Technology: Prohibition on the export to Russia of any goods or technology on that part of the control list established under Section 2404(c)(1) of the Appendix to Title 50.
  
The Department of State has determined that it is essential to the national security interests of the United States to waive the application of this sanction with respect to the following:
  
License Exceptions: Exports and reexports of goods or technology eligible under License Exceptions GOV, ENC, RPL, BAG, TMP, TSU, APR, CIV, and AVS.
  
Safety of Flight: Exports and reexports of goods or technology pursuant to new licenses necessary for the safety of flight of civil fixed-wing passenger aviation, provided that such licenses shall be issued on a case-by-case basis, consistent with export licensing policy for Russia prior to enactment of these sanctions.
  
Deemed Exports/Reexports: Exports and re-exports of goods or technology pursuant to new licenses for deemed exports and reexports to Russian nationals, provided that such licenses shall be issued on a case-by-case basis, consistent with export licensing policy for Russia prior to enactment of these sanctions.
  
Wholly-Owned U.S. Subsidiaries: Exports and reexports of goods or technology pursuant to new licenses for exports and reexports to wholly-owned U.S. subsidiaries in Russia, provided that such licenses shall be issued on a case-by-case basis, consistent with export licensing policy for Russia prior to enactment of these sanctions.
  
Space Flight: Exports and reexports of goods or technology pursuant to new licenses in support of government space cooperation and commercial space launches, provided that such licenses shall be issued on a case-by-case basis, consistent with export licensing policy for Russia prior to enactment of these sanctions.
  
Commercial End-Users: Exports and reexports of goods or technology pursuant to new licenses for commercial end-users civil end-uses in Russia, provided that such licenses shall be issued on a case-by-case basis, consistent with export licensing policy for Russia prior to enactment of these sanctions.
  
SOEs/SFEs: Exports and reexports of goods or technology pursuant to new licenses for Russian state-owned or state-funded enterprises will be reviewed on a case-by-case basis, subject to a “presumption of denial” policy.
  These measures shall be implemented by the responsible departments and agencies of the United States Government and will remain in place for at least one year and until further notice.
 
Christopher A. Ford, Assistant Secretary of State, International Security and Nonproliferation.

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

OGSOTHER GOVERNMENT SOURCES

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

[No items of interest noted today.] 
* * * * * * * * * * * * * * * * * * * *

(Source:
Commerce/BIS, 27 August 2018.) [Excerpts.]
        
* Respondent: Citibank, NA
* Case No: 17.04
* Charges: 20 Violations of 15 CFR 760.2(d), Furnishing Information about Business Relationships with Boycotted Countries or Blacklisted Persons. During the period of January 2012 through March 2016, the Citibank, NA engaged in transactions involving the sale and/or transfer of goods or services (including information) from the United States to Kuwait, Lebanon, Oman, Pakistan, Qatar and the United Arab Emirates, activities in the interstate or foreign commerce of the United States, as defined in Section 760.1(d) of the Export Administration Regulations.
In connection with these activities, on twenty occasions, Citibank, NA, with intent to comply with, further or support an unsanctioned foreign boycott, furnished information, concerning another person’s business relationships with other persons known or believed to be restricted from having any business relationship with or in a boycotting country, an activity prohibited by Section 760.2(d) of the EAR, and not excepted.
* Civil Settlement: A civil penalty of $60,000
* Debarred or Suspended from Export Transactions: Not if penalty is paid as agreed.
* Date of Order: 2 August 2018  

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

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

(Source:
WCO, 24 Aug 2018.)
 
The World Customs Organization (WCO) has published two key documents that will provide detailed guidance and further support for the implementation of Authorized Economic Operator (AEO) programs and their complementary Mutual Recognition Arrangements/Agreements (MRAs) in a more effective and harmonized manner globally: the 
Customs AEO 
Validator Guide and the 
MRA Strategy Guide.
 
The Customs AEO Validator Guide is primarily intended to build capacities in Customs administrations with regard to the AEO validation process, in particular the validation of security related provisions and management policies. The Guide can also be useful to the private sector in better understanding and preparing for AEO validation, thus contributing to more transparency and predictability in the AEO certification process, leading, in time, to a greater trust between Customs and economic operators. It is also expected that the Guide will contribute towards bringing harmonization to AEO programs around the world, thus facilitating the negotiation of MRAs.
 
The MRA Strategy Guide is aimed at assisting Customs administrations with the development of MRAs, including the negotiation and implementation thereof. The Guide takes a comprehensive strategic approach to MRAs, laying down a clear vision and roadmap with a set of activities to be undertaken to reach the pre-defined goals in terms of planning, negotiating, and implementing MRAs with partner Customs administrations. It sets out some of the key enablers that are required for the successful negotiation and implementation of MRAs, and includes working examples and best practices. In addition, the Guide recommends a regional or plurilateral approach to MRAs as the way forward. This approach would potentially reduce or even eliminate the need to negotiate and implement bilateral MRAs and the associated administrative costs required in such a process.
 
Besides developing guidance, the WCO also provides direct technical assistance to support its Members and their stakeholders in their pursuit to strengthen the security of the international trade supply chain while ensuring maximum facilitation for legitimate goods flowing across borders.

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

NWSNEWS

(Source:
Expeditors News, 24 August 2018.)
 
On August 14 & 15, 2018, U.S. Customs and Border Protection (CBP) hosted their Trade Symposium in Atlanta. The Trade Symposium focused on diverse topics including the recent trade remedies, e-commerce, CBP priorities in recruiting and technology, free trade, forced labor, and other matters.
 
Speaking about the recent trade remedies, CBP Commissioner Kevin McAleenan mentioned that CBP has “…been working very hard to explain how this works in practice in terms of changing a tariff or making a tariff rate quota, and putting that in place.” The Commissioner also spoke about CBP’s priorities in recruiting and retaining a quality workforce, and deploying new technologies to take on the challenges CBP faces. One such challenge Commissioner McAleenan spoke about was the increase in small shipments as the result of e-commerce, “We doubled small shipments from 300 million to 600 million parcels in one fiscal year.”
Several breakout sessions were held on the second day of the symposium, including a number of panel discussions and one-on-one meetings with the directors of CBP’s Centers of Excellence and Expertise.
 
CBP confirmed that a record 1,100 + members of the trade community attended from all over the world.
 
The CBP press release may be found
here.

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

(Source:
Reuters, 27 Aug 2018.) [Excerpts.]
 
The United States and Mexico agreed on Monday to overhaul the North American Free Trade Agreement (NAFTA), putting pressure on Canada to agree to the new terms on auto trade and other issues to remain part of the three-nation pact.
 
U.S. President Donald Trump and outgoing Mexican President Enrique Pena Nieto said talks with Canada would begin immediately, though Trump threatened he could put tariffs on Canadian-made cars if a three-way deal could not be reached. …
 
Negotiations between the three trade partners have dragged on for more than a year and repeated threats by Trump that he would ditch the 1994 accord have roiled financial markets, putting pressure on the Mexican peso and the Canadian dollar.
 
Officials said they hope Canada will agree to the terms by Friday, when the White House plans to formally notify Congress that Trump will sign the deal in 90 days. Congress has to approve it.
 
  “There are still issues with Canada but I think they could be resolved very quickly,” a senior trade official told Reuters in an interview.
 
If talks with Canada are not wrapped up by the end of this week, Trump plans to notify Congress that he has reached a deal with Mexico, but would be open to negotiations with Canada to join the pact, U.S. Trade Representative Robert Lighthizer told reporters on Monday. …
 
Canada plans to continue to negotiate, but would only sign a new agreement that is good for the country, a spokesman for Canadian Foreign Minister Chrystia Freeland said. Trump said he would talk to Canadian Prime Minister Justin Trudeau soon.
 
NEW AUTO RULES
 
The United States, Mexico and Canada do more than 1 trillion dollars in trade between them every year. The announcement of a U.S.-Mexico agreement lifted financial markets.
 
Trudeau spoke to Pena Nieto on Sunday and shared their commitment to reaching a successful conclusion of NAFTA “for all three parties” the prime minister’s office said.
 
The Trump administration said the deal improves labor provisions. The Mexico-U.S. discussions focused on crafting new rules for the automotive industry, which Trump has put at the heart of his drive to rework the pact he has repeatedly described as a “disaster” for American workers. …
 
The deal would require 75 percent of auto content to be made in the NAFTA region, up from the current level of 62.5 percent, a U.S. trade official said. A fact sheet describing the bilateral agreement specified the content would be made in the United States and Mexico.
 
The deal also would require 40 percent to 45 percent of auto content to be made by workers earning at least $16 per hour.
 
The United States and Mexico also agreed to a 16-year lifespan for the North American Free Trade agreement, with a review every six years that can extend the pact for 16 years, U.S. Trade Representative Lighthizer said.
 
The plan would not contain an automatic expiration for NAFTA as proposed in the prior U.S. demand for a “sunset clause.” Mexico also agreed to eliminate dispute settlement panels for certain anti-dumping cases, a move that could complicate talks with Canada. …

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

(Source:
Seattle Times, 27 Aug 2018.)
 
A federal judge in Seattle issued a preliminary injunction Monday against a self-proclaimed “crypto-anarchist,” blocking the Texas man from publishing downloadable internet blueprints for producing 3D-printable guns.
 
U.S. District Court Judge Robert Lasnik’s ruling extends a temporary restraining order he issued on July 31 that prevented Cody Wilson, a 30-year-old Austin, Texas, gun-rights advocate, from publishing the computer files containing the plans for printing the plastic guns on his company’s website while a legal dispute over the matter was resolved.
 
Led by Washington Attorney General Bob Ferguson, 19 states along with the District of Columbia joined the lawsuit seeking a preliminary injunction, contending that the federal government’s decision earlier this year to drop its own five-year litigation against Wilson and allow his company to post the blueprints would have provided broad, unregulated access to dangerous weapons.
“The Court finds that the irreparable burdens on the private defendants’ First Amendment rights are dwarfed by the irreparable harms the States are likely to suffer if the existing restrictions are withdrawn and that, overall, the public interest strongly supports maintaining the status quo through the pendency of this litigation,” Lasnik wrote in the 25-page ruling.
 
The U.S. State Department had fought Wilson since 2013 to prevent his nonprofit firm, Defense Distributed, from disseminating the blueprints online, arguing that doing so violated the federal Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR), which restrict exports of certain weapons.
 
But in April, the federal agency reversed course, agreeing to settle a lawsuit brought by Wilson that would have allowed his firm to distribute the plans online.
 
Last week, Lasnik heard oral arguments from lawyers in the case before expressing his own frustrations that neither President Donald Trump nor Congress had resolved the issue, leaving a decision up to the court.
 
Assistant Washington Attorney General Jeffrey Rupert argued, among other points, that the State Department’s actions to remove all nonautomatic firearms up .50 caliber from the U.S. Munitions List that regulates what weapons can be exported – which effectively allows for the 3D printable gun blueprint files to be dispersed online – would cause “irreparable harm.”
 
The action raises public-safety concerns by potentially giving terrorists and other criminals access to undetectable and untraceable firearms, Rupert said. And, because printable guns are plastic and don’t set off metal detectors, governments would face the costly burden of updating security methods at airports, courts and other public institutions, he said.
 
The states also argued the federal government violated multiple statutory requirements, including not giving Congress a required 30-day notice when modifying the munitions list to create an exemption allowing for the 3D printable guns files to be shared online.
 
Steven Myers, the lawyer representing the State Department, countered that revisions made to the federal munitions list were technical in scope and didn’t make substantive changes requiring congressional notice.
 
If someone actually printed out a 3D plastic gun and used it in a crime, Myers added, such actions wouldn’t be the result of the State Department’s actions. He noted existing laws now prohibit anyone from manufacturing or possessing 3D-printable guns, which the federal government is “committed to vigorously enforcing.”
 
Wilson’s attorney, Chad Flores, also argued that other blueprint files for 3D plastic guns already are available online, and that nothing legally prevents Wilson from disseminating the blueprints through other means, such as through the U.S. mail.
 
Shortly after Lasnik issued the temporary restraining order in the case last month, President Donald Trump tweeted: “I am looking into 3-D Plastic Guns being sold to the public. Already spoke to NRA, doesn’t seem to make much sense!”
 
The White House later said the Justice Department had struck a deal in the Wilson case without Trump’s approval and that the president was “glad this effort was delayed.”
 
But Lasnik, when taking the case under advisement last week, noted no further clarification on the issue came from the federal government’s executive or congressional branches, leaving a decision on the matter up to him.
 
  “You know, it’s a little bit frustrating to be sitting in this chair as a United States District Court judge and seeing this is an issue that should be solved by the political branches of government,” Lasnik said.

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

NWS_a49. ST&R Trade Report: “Imports of 29 Chemical Substances to Require Advance Notice”
 
The Environmental Protection Agency has issued separate direct final rules that together will require persons who intend to manufacture (including import) or process any of 29 specified chemical substances for an activity designated as a significant new use by one of these rules to notify the EPA at least 90 days before commencing that activity. Persons may not commence manufacture or processing for the significant new use until the EPA has conducted a review of the notice, made an appropriate determination, and taken such actions as are required with that determination.
 
Importers must certify that shipments of these substances comply with all applicable rules and orders under the Toxic Substances Control Act, including any SNUR requirements. In addition, any persons who export or intend to export any of these substances on or after Sept. 26 are subject to the export notification provisions of 15 USC 2611(b) and must comply with the export notification requirements in 40 CFR part 707, subpart D.
 
These rules will be effective as of Oct. 26. If the EPA receives written adverse or critical comments, or notice of intent to submit such comments, by Sept. 26 will withdraw the relevant sections of this rule before Oct. 26 and proceed with a related proposed rule.
 
View Document(s):
  EPA notice 2
  EPA notice 1


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

(Source:
Xinhua, 23 Aug 2018.)
 
The Lao Ministry of Finance said it has adopted a new ASEAN tariff code, giving a signal that Laos is ready to become part of the single regional market of 600 million consumers, local daily Vientiane Times reported Thursday.
 
According to the announcement, posted on the Lao Trade Portal, an official website that provides information on trade services, Laos has put into practice the ASEAN Harmonized Tariff Nomenclature 2017 since May.
 
The adoption of the ASEAN tariff code is in line with the Lao government’s policy to implement regional obligations to which the country is committed, the Finance Ministry said.
 
The updated version of the ASEAN tariff code provides a clearer definition of goods and services in which ASEAN member countries are trading. This will make it easier for Lao customs officials to implement the government policy to facilitate cross-border trade and become part of the regional market.
 
In the past, customs officials faced difficulties in levying tariffs and taxes on particular goods from ASEAN countries as there was no single definition of the goods and tariff code. …

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

COMMCOMMENTARY

COMM_a0
11. M. Volkov: “Episode 53 – How to Test and Evaluate Your Compliance Program”
(Source: Volkov Law Group Blog, 26 Aug 2018. Reprinted by permission.)
 
* Author: Michael Volkov, Esq., Volkov Law Group,
mvolkov@volkovlaw.com, 240-505-1992.
 
An effective compliance program requires that companies review and improve their compliance programs. A company should regularly review and test its controls, and address potential weaknesses in its compliance program. The Justice Department and the SEC have encouraged companies to conduct regular tests and reviews to create a sustainable compliance program. Companies should design and implement a proactive evaluation program to ensure that their compliance program continuously improves.
 
In this episode, Michael Volkov discusses strategies for companies to conduct proactive evaluation programs to assess their compliance program.
 

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

COMM_a01
12. M.A. Srere: “Second Circuit Checks DOJ’s Overbroad Interpretation of FCPA Jurisdiction”

(Source: Bryan Cave Leighton Paisner LLP, 24 Aug 2018.)
 
* Author: Mark, A. Srere, Esq., Bryan Cave Leighton Paisner LLP, mark.srere@bclplaw.com, +1 202-508-6000.
 
In a case that demonstrates the need to challenge in court the U.S. government’s interpretation of how far the FCPA reaches, the United States Court of Appeals for the Second Circuit rejected DOJ’s attempt to use aiding and abetting and conspiracy theories to prosecute an individual who otherwise was not covered by the FCPA.  To the question it posed – “can a person be guilty as an accomplice or a co-conspirator for an FCPA crime that he or she is incapable committing as a principal?” – it resoundingly answered No.
 
In United States v. Hoskins, the government charged Mr. Hoskins, a non-U.S. citizen who worked for a UK subsidiary of Alstom S.A. with violations of the FCPA.  Mr. Hoskins was assigned to work with a French subsidiary of Alstom on a project in Indonesia.  The government alleged that Alstom’s U.S. subsidiary retained two consultants to bribe Indonesian officials to get the project work.  The government alleged that Hoskins was involved in the selection of, and authorizing payments to, the consultants knowing that some of the money would be used to pay a bribe.  The government concedes that Hoskins never traveled to the U.S., but he called and emailed “U.S.-based coconspirators” while they were in the U.S.  The government charged Hoskins under two theories – that he was an agent of the U.S. subsidiary and that he aided or abetted or conspired with the U.S. subsidiary.  The government applied these two theories to both FCPA jurisdiction over U.S. domestic concerns (15 U.S.C. § 78dd-2) and FCPA jurisdiction over any person that commits part of the violation while in the territory of the U.S. (15 U.S.C. § 78dd-3). 
 
In ruling in favor of Mr. Hoskins, the Second Circuit relied on an exception to the general rule that accomplice and conspiracy liability applies to criminal conduct – “conspiracy and accomplice liability will not lie when Congress demonstrates and affirmative legislative policy to leave some type of participant in a criminal transaction unpunished.”  It continued that such “an affirmative legislative policy can be discerned by looking to the statute’s text, structure, and legislative history.”  The Court reviewed the FCPA and it legislative history and concluded:
 
… The carefully tailored text of the statute, read against the backdrop of a well-established principle that U.S. law does not apply extraterritorially without express congressional authorization and a legislative history reflecting that Congress drew lines in the FCPA out of specific concern about the scope of extraterritorial application of the statute, persuades us that Congress did not intend for persons outside of the scope of the statute’s carefully delimited categories to be subject to conspiracy or complicity liability.
 
This holding is directly contrary to the “guidance” that the DOJ and SEC issued with respect to the FCPA’s reach.  In its 2012 Resource Guide, the government states:
 
Individuals and companies, including foreign nationals and companies, may also be liable for conspiring to violate the FCPA-i.e., for agreeing to commit an FCPA violation-even if they are not, or could not be, independently charged with a substantive FCPA violation.
 
The Second Circuit Hoskins decision makes it clear that this is not the case – either for conspiracy charges or for aiding and abetting charges.  One can only hope that the amendments to the Resource Guide will be issued quickly in the wake of this decision.
 
The Court affirmed that the government could prosecute Mr. Hoskins as an agent of the U.S. subsidiary because that is a category of persons covered by the FCPA.  The opinion provides a good synopsis of who is covered by the FCPA:
 
  (1) American citizens, nationals, and residents, regardless of whether they violate the FCPA domestically or abroad;
  (2) most American companies, regardless of whether they violate the FCPA domestically or abroad;
  (3) agents, employees, officers, directors, and shareholders of most American companies, when they act on the company’s behalf, regardless of whether they violate the FCPA domestically or abroad;
  (4) foreign persons (including foreign nationals and most foreign companies) not within any of the aforementioned categories who violate the FCPA while present in the United States.
 
It is this guidance companies and individuals should look to in determining the reach of the FCPA.  This has the force of law.  

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

COMM_a3
13. S. Ross: “New Law Imposes Disclosure Requirements on Software Licensors”

(Source: Data Protection Report, 24 Aug 2018.)
 
* Author: Susan Ross, Senior Counsel,
susan.ross@nortonrosefulbright.com, Norton Rose Fullbright, New York.
 
As a result of the 2019 National Defense Authorization Act, the Secretary of Defense implemented new disclosure obligations on software licensors whose software code has been reviewed or accessed by a foreign government. The Act was signed into law on August 13, 2018 and will significantly impact software licensors who engage with the federal government’s defense agencies relating to “obligations to foreign governments.” 
 
Under the law, the Department of Defense is prohibited from using any “product, service, or system relating to information or operational technology, cybersecurity, an industrial control system, a weapons system, or computer antivirus provided by a ‘person'” unless that person has allowed a foreign government to review or access the code for the product or service or if that person is under any obligation “as a condition of entering into an agreement for sale or other transaction with a foreign government or with a foreign person on behalf of such a government” to do so. 
 
Moreover, if the person is a US person or affiliate, the person must disclose whether he or she has ever sought or currently holds a license under the Export Administration Regulations (EARs) or International Traffic in Arms Regulations (ITARs), as such disclosures are exempt from FOIA or corresponding state access to information laws. 
 
Finally, the government will revise its current procurement contracts to include a clause requiring that the above information be disclosed during the term of the agreement. This includes “any mitigation measures taken or anticipated.” The Secretary of Defense will determine any mitigation measures and may condition the procurement agreement. 
 
Software licensors that are government defense contractors (even to US-only customers) should review their supply chains for compliance with these new disclosure obligations.  
 
To learn more about recent developments impacting software licensors, please click 
here.

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

MSEX/IM MOVERS & SHAKERS

MS_a014Roscoe Howard to Head Team Overseeing ZTE Export Compliance

(Source: 
Law360
, 24 Aug 2018.) [Excerpts; subscription required.]
 
The U.S. Department of Commerce announced Friday that Barnes & Thornburg LLP partner Roscoe Howard will head the team overseeing ZTE Corp.’s compliance with U.S. export control laws, part of a $1.76 billion penalty announced in June over the telecom giant’s illicit sales to Iran and North Korea.

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

MS_a115. Monday List of Ex/Im Job Openings: 193 Openings Posted This Week, Including 9 New Openings

(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; 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; East Boston, MA; 
Customs/Entry Writer Coordinator


Agility; Houston, TX; 
Air Freight Export Account Executive;

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

#
 Airschott, Inc.; Dulles, VA; Imports/Exports/International Logistics & Business

* 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;

#
American Trucking Associations (ATA); Arlington, VA;
Mgr Customs, Immigration & Cross-Broder Ops
;

* Arrow; Shanghai, China; Compliance Manager;

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

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

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

* 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; Zoushan, China; 
 Compliance Analyst
* Boeing; Zoushan, China;
Trade Compliance Manager;
 

#
Bose; Framingham, MA;
Senior Trade Compliance Analyst
;

* CGI, Fairfax, VA; 
Trade Compliance Analyst/Manager
Requisition ID: J0818-1218
 
* Cinemark; Plano, TX; 
Import Export Purchasing Analyst
 

Cobham; Lansdale, PA; Export Compliance Officer; Ali Neice Alicia.Neice@yoh.com; Requisition ID 1611

#
ConvaTec; Greensboro, NC; Associate Manager, Customs & Trade;

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

* 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;

DuPont; Wilmington, DE;
Trade Compliance Leader
; Requisition ID: 196737W-01

*
 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; Syracuse, NY; Global Logistics Manager; Requisition ID: 036620 

Embraer; Fort Lauderdale, FL;
Compliance Specialist II
; Requisition ID: 170685;
#
Energizer Holdings; St. Louis, MO; Trade Compliance Senior Analyst; Kieshana Miles,kieshana.miles@energizer.com; Requisition ID: NAM00588
#
Energizer Holdings; St. Louis, MO; Trade Compliance Analyst; Kieshana Miles,kieshana.miles@energizer.com; Requisition ID: NAM00604

* 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;


* Exterran; Houston, TX; 
Trade Control Manager
;

* 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; Senior Director of Import/Export Compliance; Requisition ID: 13892BR

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

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

* Harris Corporation; Van Nuys, CA; Trade Compliance Senior Specialist; Requisition ID: ES20180706-25145

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

* Henkel Corp.; Rocky Hill, CT;
Global Trade Defense Information Manager; Requisition ID: 
180002QT

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

* 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

* Kohls; Menomonee Falls, WI; Senior Manager, Customs Compliance

* 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 Supply Chain Analyst – Small Business Compliance
; Requisition ID: 91669

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

* Livingston; Alberta, Canada; 
Senior Customs & Trade Advisor
* Livingston; CA; 
Import Analyst; 
Requisition ID: 60988
* Livingston; CA; 
Import Specialist; 
Requisition ID: 57981
* Livingston; CA; 
Import Specialist; 
Requisition ID: 59161
* Livingston; CA; 
Import Specialist; 
Requisition ID: 60644
* Livingston; FL; 
Import Analyst; 
Requisition ID: 59941
* Livingston; GA; 
Import Specialist; 
Requisition ID: 61165
* Livingston; IL; 
Import Specialist; 
Requisition ID: 60803
* Livingston; IL; 
Import Specialist; 
Requisition ID: 60905
* Livingston; IL; 
Client Import Analyst; 
Requisition ID: 60963
* Livingston; IL; 
Client Import Analyst; 
Requisition ID: 60964
* Livingston; IL; 
Client Import Analyst; 
Requisition ID: 60965
* Livingston; Itasca, IL; 
Release Customs Analyst; 
Requisition ID: 61950
* Livingston; Itasca, IL; 
Release Customs Analyst; 
Requisition ID: 61951
* Livingston; Itasca, IL; 
Release Customs Analyst; 
Requisition ID: 61952
* Livingston; NY; 
Client Import Analyst; 
Requisition ID: 57421
* Livingston; NY; 
Client Import Analyst; 
Requisition ID: 61123
* Livingston; NY; 
Import Specialist; 
Requisition ID: 61221
* Livingston; NY; 
Release Customs Analyst; 
Requisition ID: 61508
* Livingston; NY; 
Release Customs Analyst; 
Requisition ID: 61509
* Livingston; NY; 
Release Customs Analyst; 
Requisition ID: 61513
* Livingston; NY; 
Release Customs Analyst; 
Requisition ID: 61518
* Livingston; OH; 
Import Analyst; 
Requisition ID: 60702
* Livingston; Ontario, Canada; 
Release Classification Analyst; 
Requisition ID: 61613;
* Livingston; TX; 
Release Customs Analyst; 
Requisition ID: 60993
* Livingston; TX; 
Release Customs Analyst; 
Requisition ID: 61282
* Livingston; TX; 
Release Import Analyst; 
Requisition ID: 60867
* Livingston; VA; 
Import Specialist; 
Requisition ID: 61541
* Livingston; VT; 
Release Customs Agents; 
Requisition ID: 61121

* 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 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; Littleton, CO;
Supply Chain Management Compliance Analyst
; Requisition ID: 440613BR

* 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; Minneapolis, MN;
Trade Compliance Program Manager
; Requisition ID: 18000BJW;

* Medtronic; Wash DC;
Global Trade Lawyer
;
stacy.m.johnson@medtronic.com
; Requisition ID: 170002ON

* 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

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

* Optics 1; Bedford NH, Senior Trade Compliance Administrator

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

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

* Raytheon; Billerica, MA;
Import Ctl&Compliance Advisor
; Requisition ID:
119749BR

* 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; 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; Tucson, AZ; Export Licensing And Compliance Specialist; Requisition ID: 114936BR  

Raytheon; Tucson, AZ; 
Import Ctl&Compliance Advisor
; Requisition ID:
119749BR

* 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;

#
Sensata Technologies; Fort Worth, TX;
Global Trade Compliance Specialist
;

#
Sierra Nevada Corporation; Denver, CO; 
International Trade Compliance Analyst III
; Requisition ID: R0006075  
#
Sierra Nevada Corporation; Denver, CO; 
International Trade Compliance Analyst II
; Requisition ID: R0006074


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

* Thales; Cambridge, UK; 
Trade Compliance Support Officer
; Krista Helvey; Requisition ID R0034813;

* Thales; Cambridge, UK; 
Trade Compliance Officer
; Krista Helvey; Requisition ID R0034820;

* Thales; Various Locations, UK; 
Trade Compliance Analyst
; Requisition ID: R0035062;

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

* Toro; Bloomington, MN; 
Import – Export Compliance Manager

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

* 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

* World Wide Technology; Edwardsville, IL;
International Trade Compliance Specialist
;

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

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

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

TECEX/IM TRAINING EVENTS & CONFERENCES

 
* What: IT Security, Cloud Computing, and Export Controls
* When: October 3, 2018; 1:00 p.m. (EDT)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker: Felice Laird
* Register: Here or Danielle Hatch, 540-433-3977, danielle@learnexportcompliance.com.

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

TEC_a117. 
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

 

Register today and get a 10% Early Bird discount on the course fee! 

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

ENEDITOR’S NOTES

Mother Teresa (26 Aug 1910 – 5 Sep 1997; born Anjezë Gonxhe Bojaxhiu, known in the Roman Catholic Church as Saint Teresa of Calcutta, was an Albanian-Indian Roman Catholic nun and missionary. In 1950 Teresa founded the Missionaries of Charity, a Roman Catholic religious congregation which had over 4,500 sisters and was active in 133 countries in 2012.)
  – “Peace begins with a smile.  We shall never know all the good that a simple smile can do.”
 
Georg Wilhelm Friedrich Hegel (27 Aug 1770 – 14 Nov 1831; was a German philosopher and an important figure of German idealism. He achieved wide renown in his day and has become increasingly influential in the analytic tradition as well.)
  – “Genuine tragedies in the world are not conflicts between right and wrong. They are conflicts between two rights.”
 
Monday is Pun Day:
* Two atoms are walking down the street together.  One says, “I think I’ve lost an electron.”  The other replies, “Are you sure?”  The first one says, “I’m positive.”
* Don’t trust atoms, they make up everything!

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

EN_a319
. 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: 14 Aug 2018: Harmonized System Update 1812, containing 27 ABI records and 6 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_a0320
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, Alex Witt. 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.

* TO UNSUBSCRIBE: Use the Safe Unsubscribe link below.

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