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18-0910 Monday “Daily Bugle”

18-0910 Monday “Daily Bugle”

Monday, 10 September 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. Commerce/BIS Changes Deadline for Comments on Section 232 National Security Investigation of Imports of Uranium to 25 Sep
  2. DHS/CBP Announces Quarterly COAC Meeting on 3 Oct in Washington DC
  3. Justice/ATF Seeks Comments Concerning Report of Theft or Loss of Explosives 
  4. Justice/ATF Seeks Comments Concerning Transactions Among Licensee/Permittees and Transactions Among Licensees and Holders of User Permits 
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. State/DDTC: (No new postings.)
  4. White House Releases Memorandum Concerning Trading With the Enemy Act Sections Affecting Cuba
  1. Defend Europa: “Dutch Government Invested 25 Million Euros Supporting Jihadist Groups In Syria”
  2. The Japan News: “High-Stakes Tech Battle Escalating”
  1. G. Cinelli, K.J. Nunnenkamp & D.I. Miller: “Managing Government-Imposed Monitors in Export Enforcement Actions”
  2. M. Volkov: “Episode 55 – Update on the Iran Sanctions Program”
  1. Monday List of Ex/Im Job Openings: 174 Openings Posted This Week, Including 6 New Openings
  1. 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 (4 Sep 2018), FACR/OFAC (29 Jun 2018), FTR (24 Apr 2018), HTSUS (14 Aug 2018), ITAR (30 Aug 2018) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1. 
Commerce/BIS Changes Deadline for Comments on Section 232 National Security Investigation of Imports of Uranium to 25 Sep
(Source: 
Federal Register, 10 Sep 2018.) [Excerpts.] 
 
83 FR 45595: Change in Comment Deadline for Section 232 National Security Investigation of Imports of Uranium
 
* AGENCY: Bureau of Industry and Security, Office of Technology Evaluation, U.S. Department of Commerce.
* ACTION: Notice on change in comment period for previously published notice of request for public comments.
* SUMMARY: On July 25, 2018, the Bureau of Industry and Security (BIS) published the Notice of Inquiry for Public Comments on Section 232 National Security Investigation of Imports of Uranium. The July 25 notice specified that the Secretary of Commerce initiated an investigation to determine the effects on the national security of imports of uranium. This investigation has been initiated under section 232 of the Trade Expansion Act of 1962, as amended. The July 25 notice invited interested parties to submit written comments, data, analyses, or other information pertinent to the investigation to the Department of Commerce’s Bureau of Industry and Security. The deadline for the written comments was September 10, 2018. Today’s notice changes the comment deadline to September 25, 2018. 
* DATES: Comments may be submitted at any time but must be received by September 25, 2018.
* ADDRESSES: 
All written comments on the notice must be submitted by one of the following methods:
  – By the Federal eRulemaking Portal: 
http://www.regulations.gov. Comments on this notice may be submitted to regulations.gov docket number BIS-2018-0011.
  – By mail or delivery to Michael Vaccaro, Acting Director, Office of Technology Evaluation, Bureau of Industry and Security, U.S. Department of Commerce, 1401 Constitution Avenue NW, Room 1093, Washington, DC 20230.
  – By email directly to 
Uranium232@bis.doc.gov.
* FOR FURTHER INFORMATION CONTACT: Michael Vaccaro, Acting Director, Office of Technology Evaluation, Bureau of Industry and Security, U.S. Department of Commerce (202) 482-4506, 
Uranium232@bis.doc.gov
. For more information about the section 232 program, including the regulations and the text of previous investigations, see 

* FOR FURTHER INFORMATION CONTACT: Michael Vaccaro, Acting Director, Office of Technology Evaluation, Bureau of Industry and Security, U.S. Department of Commerce (202) 482-4506, 
Uranium232@bis.doc.gov. For more information about the section 232 program, including the regulations and the text of previous investigations, see
www.bis.doc.gov/232. 

 
  Dated: September 5, 2018.
 
Richard E. Ashooh, Assistant Secretary for Export Administration.

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EXIM_a2

2. 
DHS/CBP Announces Quarterly COAC Meeting on 3 Oct in Washington DC
(Source: 
Federal Register, 10 Sep 2018.) 
 
83 FR 45648-45649: Commercial Customs Operations Advisory Committee (COAC) 
 
* AGENCY: U.S. Customs and Border Protection (CBP), Department of Homeland Security (DHS).
* ACTION: Committee management; Notice of Federal Advisory Committee meeting.
* SUMMARY: The Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, October 3, 2018 in Washington, DC. The meeting will be open to the public.
* DATES: The COAC will meet on Wednesday, October 3, 2018 from 1:00 p.m. to 5:00 p.m. EDT. Please note that the meeting may close early if the committee has completed its business.
* ADDRESSES: The meeting will be held at the Dirksen Senate Office Building, 50 Constitution Avenue NE, Room SD-G50, Washington, DC 20002. For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Ms. Florence Constant-Gibson, Office of Trade Relations, U.S. Customs & Border Protection, at (202) 344-1440 as soon as possible. … 
 
*
FOR FURTHER INFORMATION CONTACT: … 
 

Agenda

The Designated Federal Officer will announce how the COAC subcommittees will be re-organized to align with CBP’s trade strategic priorities and outline how the current and future COAC activities will be structured within each subcommittee. The COAC will hear from the current subcommittees on the topics listed below and then will review, deliberate, provide observations, and formulate recommendations on how to proceed:
  (1) The Trusted Trader Subcommittee will present an update on CTPAT Minimum Security Criteria work and its socialization period. The subcommittee will also provide an update on the Forced Labor Strategy for CTPAT Trade Compliance and the CBP lead will report on the progress of the Trusted Trader Pilot.
  (2) The Trade Enforcement & Revenue Collection (TERC) Subcommittee will provide necessary updates from the Anti-Dumping and Countervailing Duty, Bond, Forced Labor and Intellectual Property Rights Working Groups.
  (3) The COAC Trade Modernization Subcommittee will discuss the E-Commerce Working Group’s progress in addressing CBP’s strategic plan regarding e-commerce threats and opportunities to both the government and trade and in light of the World Customs Organization’s global framework. The Regulatory Reform Working Group will provide an overview of work accomplished in reviewing the regulations contained in Title 19 of the Code of Federal Regulations to reduce regulatory burdens and costs. The Foreign Trade Zone Working Group will present recommendations regarding the updating of 19 CFR part 146, the Foreign Trade Zone Regulations. They will also discuss a proposed revision to 19 CFR part 146 that began in 2015 and was referred to the working group for further input.
  (4) The Global Supply Chain Subcommittee will provide a status update on the following work group activities: Piloting the use of the Automated Commercial Environment (ACE) to electronically report and manage petroleum moving in-bond via pipeline; the Emerging Technologies Working Group’s work on NAFTA/CAFTA and the Intellectual Property Rights Blockchain Proof of Concept projects; and the In-bond Working Group’s review of the draft Automated In-Bond Business Process document; as well as potential automation, visibility, system issues and policy/regulatory updates.
 
Meeting materials will be available by October 1, 2018 
here.
 
  Dated: September 5, 2018.
 
Bradley F. Hayes, Executive Director, Office of Trade Relations.

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EXIM_a3

3. 
Justice/ATF Seeks Comments Concerning Report of Theft or Loss of Explosives
(Source: 
Federal Register, 10 Sep 2018.) [Excerpts.] 
 
83 FR 45683: Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension Without Change of a Currently Approved Collection-Report of Theft or Loss of Explosives-ATF F 5400.5
 
* AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice
* ACTION: 60-Day notice.
* SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), is submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
* DATES: Comments are encouraged and will be accepted for 60 days until November 9, 2018. … 
* SUPPLEMENTARY INFORMATION: … 
Overview of This Information Collection
 
  – Type of Information Collection (check justification or form 83): Extension of a currently approved collection.
  – The Title of the Form/Collection: Report of Theft or Loss of Explosives.
  – The agency form number, if any, and the applicable component of the Department sponsoring the collection:
  – Form number (if applicable): ATF F 5400.5.
  – Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. … 
  – Abstract: According to 27 CFR 555.30 (a), Any licensee or permittee who has knowledge or theft or loss of any explosive materials from his stock shall, within 24 hours of discovery, report the theft or loss by telephoning 1-800-800-3855 (nationwide toll free number) and on ATF F 5400.5, Report of Theft or Loss of Explosives, in accordance with the instructions on the form.” … 
 
  Dated: September 5, 2018.
 
Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice.

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EXIM_a4

4. 
Justice/ATF Seeks Comments Concerning Transactions Among Licensee/Permittees and Transactions Among Licensees and Holders of User Permits
(Source: 
Federal Register, 10 Sep 2018.) [Excerpts.] 
 
83 FR 45683: Agency Information Collection Activities; Proposed eCollection eComments Requested; Transactions Among Licensee/Permittees and Transactions Among Licensees and Holders of User Permits 
 
* AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.
* ACTION: 30-Day notice.
* SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. 
* DATES: The proposed information collection was previously published in the Federal Register, on July 2, 2018, allowing for a 60-day comment period. Comments are encouraged and will be accepted for an additional 30 days until October 10, 2018.
* FOR FURTHER INFORMATION CONTACT: If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any additional information, please contact Anita Scheddel, Program Analyst, Explosives Industry Programs Branch, either by mail 99 New York Ave. NE, Washington, DC 20226, or by email at 
eipb-informationcollection@atf.gov, or by telephone at 202-648-7158. Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to 
OIRA_submissions@omb.eop.gov.
* SUPPLEMENTARY INFORMATION: 
Overview of This Information Collection
  – Type of Information Collection: Extension, without change, of a currently approved collection.
  – The Title of the Form/Collection: Transactions Among Licensee/Permittees and Transactions Among Licensees and Holders of User Permits
  – The agency form number, if any, and the applicable component of the Department sponsoring the collection:
  – Form number: None.
  – Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. … 
  – Abstract: This information collection requires specific transactions for licensee/permittees and holders of user permits. These requirements are outlined in 27 CFR part 555.103 in order to comply with the Safe Explosives Act. … 
 
  Dated: September 5, 2018.
 
Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice.

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

OGSOTHER GOVERNMENT SOURCES

OGS_a15. Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)

* Commerce/BIS; RULES; 
  – Entity List; Additions, Revisions, Removals; and 
  – Revisions to the Requirements for Submissions of Exclusion Requests and Objections to Submitted Requests for Steel and Aluminum [Publication Dates: 11 Sep 2018.]
 
* Commerce/BIS; NOTICES; 
  – Agency Information Collection Activities; Proposals, Submissions, and Approvals: Procedures for Submitting Requests for Expedited Relief from Quantitative Limits – Existing Contract: Section 232 National Security Investigations of Steel Imports [Publication Date: 11 Sep 2018.]

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

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

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

(Source: 
The White House, 10 Sep 2018.) 
 
Continuation of the Exercise of Certain Authorities under the Trading With the Enemy Act
 
Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. 4305 note), and a previous determination on September 8, 2017 (82 FR 42927, September 13, 2017), the exercise of certain authorities under the Trading With the Enemy Act is scheduled to expire on September 14, 2018.
 
I hereby determine that the continuation of the exercise of those authorities with respect to Cuba for 1 year is in the national interest of the United States.
 
Therefore, consistent with the authority vested in me by section 101(b) of Public Law 95-223, I continue for 1 year, until September 14, 2019, the exercise of those authorities with respect to Cuba, as implemented by the Cuban Assets Control Regulations, 31 C.F.R. Part 515.
 
The Secretary of the Treasury is authorized and directed to publish this determination in the Federal Register.
 
DONALD J. TRUMP

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

NWSNEWS

(Source: 
Defend Europa, 10 Sep 2018.) [Excerpts.] 
 
The Dutch government has supported an armed group in Syria, who by the Dutch Public Prosecution Service has been classified as a terrorist organization. According to research presented today by Dutch newspaper Trouw and television program Nieuwsuur.
 
In October a trial will start against a Dutch citizen that joined Jabhat al-Shamiya and actively participated in actions this group carried out in Syria. This group has previously been classified as a terrorist organization by the Dutch government.
 
Trouw
and Nieuwsuur, in the past months, interviewed hundreds of rebels and others involved in the NLA (Non-Lethal Assistance) program, a secret government program. Using this program, the Dutch government (from 2015 till early 2018) delivered “non-lethal goods” to 22 rebel groups in Syria. Even though Dutch parliament members repeatedly requested more information on the NLA program, the Dutch government has thus far not released the names of the rebel groups it has been supporting. … 
 
Trouw 
and Nieuwsuur’s research has shown that besides uniforms and pick-up trucks, such as the Toyota Hilux and Isuzu D-max, the Dutch government has also provided rebel groups with satellite phones, laptops, mattresses, backpacks and cameras. The rebels told Trouw and Nieuwsuur
that they are “very happy with the Dutch support and that they’re actively using the goods in their battles”. Videos have shown that these rebel groups were indeed using the pick-up trucks said to have been provided by the Dutch government and were seen mounting machine guns on top to target military targets. In these videos it was impossible to see where the vehicles came from, because these vehicles have been stripped of number plates or any other form of identification. … 

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

(Source: 
The Japan News, 10 Sep 2018.) [Excerpts.] 
 
The United States is hardening its stance toward China. The Trump administration, citing the alleged forced transfer to China of U.S. intellectual property, began imposing an additional tariff of 25 percent on $34 billion worth of Chinese goods in July and $16 billion worth of imports from China in August. Further, it is considering levying a 25 percent tariff on $200 billion worth of Chinese products.
 
The United States is also raising the stakes in its showdown with China in other areas. In August, the U.S. Congress passed the Foreign Investment Risk Review Modernization Act (FIRRMA), which stipulates the reinforcement of the Committee on Foreign Investment in the United States (CFIUS). About two weeks later, Trump signed into law the National Defense Authorization Act (NDAA) that incorporates FIRRMA. … 

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

COMMCOMMENTARY

(Source: 
Morgan Lewis, 7 Sep 201.)
 
* Authors: Giovanna M. Cinelli, Esq., giovanna.cinelli@morganlewis.com; Kenneth Nunnenkamp, Esq., kenneth.nunnenkamp@morganlewis.com; and David I. Miller, david.miller@morganlewis.com. All of Morgan Lewis & Bockius LLP.
 
Following some reasonable ground rules when choosing a monitor, establishing the relationship, engaging with the government, and closing out the monitor’s term may be critical to achieving the best possible outcome under already difficult circumstances.
 
Companies settle export enforcement actions with US government agencies for a variety of reasons. In some cases, the company has disclosed violations voluntarily and seeks to resolve matters quickly so that it can expend its time and resources on other priorities. In other cases, the government presses a settlement to encourage compliance within the company-and across an industry-or to reinforce the interpretation of specific legal requirements. In either circumstance, the government may call upon a number of enforcement mechanisms to settle the case.
 
In addition to fines, audits, training, and new policies and procedures, government agencies may require that an external monitor oversee the company’s compliance with the settlement agreement. In fact, the US Departments of State (on the civil and administrative enforcement side) and Justice (on the criminal and civil enforcement side) have often included the appointment of monitors as a condition of settlement. At the State Department alone-the agency tasked with licensing and compliance of the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR)-external compliance monitors have been included as a condition of settlement in over 20 of the last 30 enforcement actions settled by the department since 1999.
 
While potentially challenging and possibly unpleasant, monitors, if chosen wisely and managed well, can enhance a company’s compliance posture and its ability to engage effectively with the government. Chosen poorly, however, monitors may represent an expensive hemorrhage of time, resources, and funds that drain a company’s accounts and return little to either the company or the government. Identifying a competent and effective monitor takes time and requires establishing ground rules that delineate the monitor’s responsibilities while preserving the monitor’s objectivity. This article highlights key factors implicating the monitor’s and company’s roles and outlines strategies for managing the monitor-company-government relationship effectively to meet everyone’s objectives.
 
Why a Monitor?
 
In general, the Departments of State and Justice, as well as the Department of Commerce recently, may include a monitor as part of a settlement because the company has engaged in export violations that the agencies believe have not been handled adequately in the past or are unlikely to be resolved absent close oversight. In these circumstances, monitors fulfill a number of roles:
 
  – They oversee compliance with the terms of a settlement agreement and the development of policies and procedures to effectuate a more robust compliance posture
  – They provide objective interpretations of settlement terms and legal requirements
  – They interface with the government agency – e.g., as the “eyes and ears” of the government agency to ensure ongoing compliance
  – They audit or assess the compliance posture of the company
 
Fulfilling these roles requires certain baseline skills regardless of which export regime has been violated. Absent these skills, companies risk an expensive and ineffective engagement that can quickly spiral into an endless list of tasks with little enhancement of the company’s compliance program. Identifying the skill set needed requires the government to consider its objectives carefully and the company to choose wisely; neither party should act simply on the basis of qualifications that appear on resumes or because the individual has been a monitor in other matters. Below, we discuss important factors that should inform the choice of monitors and how one engages with government agencies to press for the right monitor.
 
Monitor Qualifications
 
What makes a good monitor varies based on the enforcement action’s circumstances. At a minimum, a monitor should possess at least the following skills:
 
  (1) Substantive and detailed knowledge of the laws and regulations at issue in the settlement agreement. The US has over 20 export-related regimes (including those that implement multilateral agreements). A monitor with expertise focused on white collar criminal matters, the export requirements of Part 800 of the US Department of Energy’s nuclear controls, or the Fish and Wildlife Regulations would perhaps understand the general contours of export control regulations but would be less well-suited to oversee a settlement agreement related to the ITAR -requiring depth and experience with those laws and regulations. A monitor needs to possess a higher degree of knowledge and competence in the regulatory regime than the company in order to advise on areas where the company can improve its compliance. That skill is equally important in order to engage substantively with the government agency that enforces the regulations. This level of knowledge can engender respect and confidence among the parties and assists in the cooperative and timely resolution of any issues.
 
  (2) Impartiality and integrity. The Departments of State and Justice may impose requirements on a monitor’s history with the company he/she is overseeing. In some instances, the monitor must not have represented the company in the past and agrees not to represent the company in the future. Sometimes the future prohibition is limited to a three- to five-year period. Other times it is not. Such a restriction is designed to foreclose the possibility of undue influence on the monitor. If the monitor has represented the company in the past, he/she may end up reviewing some of his/her own advice provided as part of the past representation. This review could place the monitor in the uncomfortable position of determining the legitimacy or accuracy of his/her own work. 
 
But a lack of prior representation is not always a strong indicator of impartiality or integrity. Monitors that are chosen because they were former government employees in the agencies enforcing the terms of the settlement agreement may find themselves subject to other forms of influence. The same could hold true for monitors that make a cottage industry of acting as monitors for a host of companies. Both of these factors can affect a monitor’s judgment, create unnecessary friction, and result in cookie-cutter approaches to overseeing the company’s compliance with the terms of a settlement agreement. The need for impartiality and integrity, therefore, should be carefully assessed and weighed against other factors.
 
  (3) Temperament and practicality. Monitors are expected to act independently, responsibly, and professionally. Sometimes, however, a monitor can confuse his/her independence for the ability to act without limits. While the monitor must act in accordance with the terms of the settlement agreement, a failure to appreciate that the agreement resolves only specific export violations can result in a misapplication of his/her discretion. The monitor’s more expansive reading or misapplication of his/her discretion can be difficult to manage unless addressed at the outset of the monitorship. 
 
The terms of every settlement agreement will drive the monitor’s responsibilities. But these terms are not to be confused as “deputizing” the monitor as a replacement for a government authority. The monitor is not a government enforcer. His/her role generally is to assist the company to develop the necessary compliance program and resources through a mix of oversight, policy, and procedure review, compliance enhancements, assessments, and recommended procedural changes. The monitor also retains the ability to identify noncompliance and either disclose that noncompliance to the government agency directly or encourage the company to disclose the violations itself. But a monitor who seeks to “turn over every rock” or otherwise spend time primarily on investigations may lack the temperament and practicality needed in a monitor.
 
  (4) A deep understanding of compliance and compliance implementation. Monitors are assigned, in part, to help focus a company’s behavior-to change “past bad behavior” and/or encourage good behavior. This requires an understanding of compliance and compliance implementation. Monitors who focus on drafting procedures or policies without identifying the most effective way to ensure those procedures or policies are actually used by the company, fail both the government and the company. Well-written and detailed procedures that cannot be used because they do not take into account the manner in which the company’s business must operate may result in continuing violations and an inability to adjust behavior. Monitors need a keen understanding of how the business works, the manner in which employees and management engage, and an in-depth understanding of successful incentives that discourage past behaviors that resulted in the settlement agreement. Simply because a monitor has been a monitor for other companies does not mean that their skills translate from settlement to settlement.
 
Although other factors may be considered, the ones mentioned above provide a solid baseline for identifying a strong monitor.
 
Managing the Monitor Relationship
 
Once chosen, the monitor is functionally embedded within the company for the period specified in the settlement agreement. It is important, therefore, to begin the relationship with a candid discussion between the government, the company, and the monitor of the goals and requirements of the monitorship. Although potentially uncomfortable, a failure to discuss several key issues prior to the monitor’s selection and start date is likely to result in an expensive, contentious and unhelpful process. What issues should be discussed and on what timeline?
 
Because a monitor’s overall responsibilities are driven by the settlement agreement, managing the monitor relationship actually begins with the negotiation over the terms of the settlement agreement. The agreement needs to clarify the objectives of the monitor, the reporting and interpretive obligations, the manner in which communications should occur, and the process for legitimately and respectfully challenging a monitor’s interpretation or actions. This requires a company to be candid and honest throughout the settlement process-from the disclosure to the investigation to the negotiation of terms-so that the company can actively participate in framing the settlement (to the extent possible with the government). Treating the settlement as an adversarial process, or the monitor as an adversary, poisons the relationship from the start and enhances the likelihood of distrust throughout the oversight period. Careful attention to the details of the settlement agreement and open communication with the government agencies involved creates the opportunity for a meaningful and direct role in how the settlement agreement and the monitorship is directed.
 
If the settlement agreement is drafted effectively, then several issues should be discussed in advance with both the government and the monitor:
 
  (1) Establish a “responsibilities” (or statement of work) document that articulates the monitor’s obligations. This document benefits all parties involved, limits disagreements, and focuses the monitor on the performance of his/her role effectively. While not an attempt to micromanage or otherwise dictate the manner in which the monitor performs his/her tasks, it is designed to keep the monitor and the government focused on the purpose of the monitor’s appointment under the settlement agreement. A monitorship is not an open-ended excuse for the government to continue fishing or for the monitor to exceed his/her mandate. This document should identify the monitor’s tasks as well as a defined end to those tasks. Close-out procedures and milestones, as well as metrics to identify when tasks have been completed successfully, will help limit arguments over the scope of tasks. This document should be drafted by all three parties and each should agree to the terms prior to the commencement of any monitorship.
 
  (2) Develop budgets and participate in choosing who the monitor retains to support his/her oversight. Companies should focus on adequate fund allocation from the beginning of any negotiation with the government or engagement with the monitor. For public companies, the manner in which the company identifies its monetary expenditures under a settlement agreement can affect its disclosures in SEC filings or with other government agencies, as well as potentially impact the company’s stock price or implicate the possibility of shareholder suits. Monitors are paid, often handsomely, and those payments are generally commensurate with the egregiousness of the violations and the skill of the monitor. But monitors should be subject to budget limitations and should not view their role as one designed to spend the company’s money on products or resources that do not directly improve the company’s compliance posture. A monitor’s accountability for expenditures and justification for costs should be embedded into the “responsibilities” document. 
 
In addition, the company should be apprised of the monitor’s choice of resource support and should be able to object to the government agency if the chosen resource does not meet established and reasonable criteria. Expenditures for supporting consultants or other counsel should be assessed carefully to ensure that the resource can add value to the company and the government. Past experience, relationships between the monitor and the chosen resource, and the resources’ reputation before the government agencies can individually and collectively affect the success of the monitorship.
 
Further, products or software recommendations should be broached at the outset of the monitorship. While the monitor should be free to recommend (and sometimes require) specific changes or purchases, those recommendations should be reasonably and rationally supported. In most settlement agreements with the State Department, for example, the department will suspend a portion of the payment of certain fines to allow the company to fund its future compliance improvements. These funds may or may not be tied to actual or anticipated expenditures. For example, a company may believe that certain software to track technical data exports would be useful and plan for a $5 million expenditure. Once the company begins to research the software, and the monitor adds new requirements for the software, the company may find that the expenditure now exceeds $10 million: an unexpected and unpleasant surprise. An agreement on what may or may not be charged by the monitor for this type of expenditure is essential to management of the compliance program improvements.
 
  (3) Establish a communications plan. Candid, direct, and substantive communication is the hallmark of a successful monitor-company-government relationship. Avoidance of accusatory tones, honesty regarding noncompliance, and management buy-in concerning changes that will be needed may help limit expensive and negative outcomes, including an extended period of oversight. Written communications should follow agreed-upon protocols and points of contact should be assigned to ensure consistency. Since most monitors will charge (often high) hourly rates, ensuring that the monitor does not needlessly generate written products to “create a superfluous record” is essential to managing costs.
 
  (4) Identify a process to responsibly and respectfully challenge a monitor’s decision or request. Even with the most effective agreement delineating the monitor’s responsibilities, the objectives of the monitorship, and the terms of the settlement, disagreements can arise. Although the monitor may directly address his/her concerns with the government, so too should the company. Understanding how the process works, and under what circumstances disagreements can be raised and resolved, will assist in maintaining a balanced relationship among the parties. But each party must be responsible for doing its job: the monitor must oversee implementation of the settlement agreement; the company must implement the necessary changes to its program; and the government must “monitor the monitor” to avoid excesses or abuses. A failure by a party to fulfill its obligations can exacerbate an already challenging situation.

Following some reasonable ground rules when choosing a monitor, establishing the relationship, engaging with the Government, and closing out the monitor’s term, may be critical to achieving the best possible outcome under already difficult circumstances.

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(Source: 
Volkov Law Group Blog, 9 Sep 2018. Reprinted by permission.) 
 
* Author: Michael Volkov, Esq., Volkov Law Group, 
mvolkov@volkovlaw.com, 240-505-1992. 
 
On May 8th, 2018, the Trump administration withdrew from the Joint Comprehensive Plan of Action or JCPOA and began to reimpose the U.S. nuclear-related sanctions.  All of the sanctions in existence prior to the JCPOA including nuclear-related secondary sanctions will be effective on November 5, 2018.  The wind-down of Iran-related activities pursuant to authorizations provided by the JCPOA is required in two wind-down periods – a 90 day period which just ended, and a second 180-day period, which occurs on November 5, 2018.
 
On August 6, 2018, the Trump administration issued a new executive in order to reimpose the first tranche of the Iran sanctions.  In doing so, the executive order consolidates relevant sanctions authorities and broadens the scope of the previous restrictions.
 
The re-imposed sanctions create significant compliance obligations, and in particular, in the third-party risk management area.
 
In this episode, Michael Volkov reviews the re-imposed sanctions, the broader authorities and new third-party risks created by the new regulations.

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MSEX/IM MOVERS & SHAKERS

MS_a113. Monday List of Ex/Im Job Openings: 174 Openings Posted This Week, Including 6 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;


Airbus; Getafe, Spain; VIE Procurement Sustainability Management – Export Compliance; Requistion ID
: 10409879 ER EN EXT 1

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

# Boeing; Adelaide, Brisbane, Canberra, Melbourne, Australia;
 


Trade Control Specialist
; Requisition ID: 1800072289.

* 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;
*
Booz Allen Hamilton; NY; 
Associate General Counsel
; Requisition ID: R0035318

* 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; Exeter, NH, Lansdale, PA; Export Compliance OfficerAlicia.Neice@yoh.com; Requisition ID 1611
*
Cognizant; Budapest, Hungary; 
Ethics & Compliance Senior Manager Continental Europe

Cognizant;
Mexico City, Mexico; Regional Ethics & Compliance Officer LATAM;
* 
Cognizant; Shanghai, China; Regional Ethics & Compliance Officer – APAC;

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

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

* 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; 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 Analyst; Kieshana Miles,kieshana.miles@energizer.com; Requisition ID: NAM00604

* 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 II

* 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;
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 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 Specialist; rwellbro@harris.com; Job ID: ES20182408-26963

* 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; 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; CA; 
Import Analyst; 
Requisition ID: 60988
* 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: 60964
* Livingston; NY; 
Client Import Analyst; 
Requisition ID: 61123
* Livingston; NY; 
Release Customs Analyst; 
Requisition ID: 61518
* Livingston; OH; 
Import Analyst; 
Requisition ID: 60702
* Livingston; TX; 
Release Import Analyst; 
Requisition ID: 60867

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

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


* 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; 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
;

* 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; Supply Chain Compliance Advisor; Requisition ID:
115557BR

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


Textron Aviation Inc; Wichita, KS; 
Trade Compliance Specialist
; Requisition ID: 268442

* 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  


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, US; 
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; 
Authorizations and Investigations Specialist

Requisition ID: 70957BR

* 
United Technologies – Pratt & Whitney; East Hartford, CT; 
Export Authorization Manager, ITC Operations
; Requisition ID: 71189BR 


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

* 
United Technologies – Pratt & Whitney; East Hartford, CT; ITC Site Lead, Hot Section Module Center; Requisition ID: 71012BR
* 
United Technologies – Pratt & Whitney; East Hartford, CT; Senior Export Operations Associate; Requisition ID: 71010BR


United Technologies – Pratt & Whitney; East Hartford, CT; 
Senior Manager, Digital Systems & Integration
; Requisition ID: 70425BR

* 
United Technologies – Pratt & Whitney; East Hartford, CT; 
Senior Manager, Military ITC Programs
; Requisition ID: 71119BR
* 
United Technologies – Pratt & Whitney; East Hartford, CT; 
Senior Program Manager, ITC Operations
; Requisition ID: 71195BR

* 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; Morton Grove, IL; 
Trade Compliance Specialist 

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

TECEX/IM TRAINING EVENTS & CONFERENCES

TE_a114. 
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 organizations 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

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

ENEDITOR’S NOTES

Cardinal Richelieu (Armand Jean du Plessis, 1st Duke of Richelieu and Fronsac; 9 Sep 1585 – 4 Dec 1642; was a French clergyman, nobleman, and statesman. Richelieu soon rose in both the Catholic Church and the French government, becoming a cardinal in 1622, and King Louis XIII’s chief minister in 1624.)
 – “Carry on any enterprise as if all future success depended on it.”
 
Mary Oliver (born 10 Sep 1935) is an American poet. She has won the National Book Award and the Pulitzer Prize. The New York Times described her as “far and away, this country’s best-selling poet.”)
  – “To pay attention, this is our endless and proper work.”
 
Monday is pun day:
* Don’t interrupt someone working intently on a puzzle. Chances are, you’ll hear some crosswords.
* I’m a big fan of whiteboards. I find them quite re-markable.
* Q: Why was King Arthur’s army too tired to fight? 
   A: It had too many sleepless knights.

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

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 Amendment: 4 Sep 2018: 83 FR 44821-44828: Addition of Certain Entities to the Entity List, Revision of Entries on the Entity List and Removal of Certain Entities From the Entity List

  
*
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: 30 Aug 2018:
83 FR 44228-44229
, USML Chapter XI(c).

  – The only available fully updated copy (latest edition: 30 Aug 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, 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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