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18-0914 Friday “Daily Bugle”

18-0914 Friday “Daily Bugle”

Friday, 14 September 2018

TOPThe Daily Bugle is a free daily newsletter from Full Circle Compliance, containing changes to export/import regulations (ATF, DOE/NRC, Customs, NISPOM, EAR, FACR/OFAC, FAR/DFARS, FTR/AES, HTSUS, and ITAR), plus news and events. Subscribe here for free subscription. Contact us for advertising inquiries and rates
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  1. Commerce/BIS Seeks Comments Concerning Export License Transfer, Duplicate Services Info Collections
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.)
  3. State/DDTC: (No new postings.)
  4. EU Amends Restrictive Measures Concerning North Korea, Prolongs Russia Sanctions Until 15 Mar 2019
  5. UK ECJU Amends Export Control Order 2008, Publishes Firearms Export Guidance Note, Updated Consolidated List
  1. Bulletin of the Atomic Scientists: “Radioactive Material Is Still Missing in Malaysia: Cause for Concern?”
  2. The Canary: “UK Arms Sales Controls Are A ‘Bad Joke’ And ‘Dangerous for Democracy’ Says MP On Oversight Committee”
  3. Financial Times: “EU Seeks New Powers for Money Laundering Crackdown”
  4. South China Morning Post: “Meet the Legal Watchdog Who’s Keeping ZTE In Line with U.S. Export Control Laws”
  5. ST&R Trade Report: “Dates and Deadlines: CBP Forms, Section 232/301 Tariffs, Trade Compliance, GSP Refunds”
  1. H. Cassin: “Six Compliance Failures at United Technologies”
  2. K.J. Wolf, T.J. McCarthy & S.C. Emme: “The Export Control Reform Act of 2018 and Possible New Controls on Emerging and Foundational Technologies” [Part III of III]
  3. M O’Kane: “UN Panel of Experts Say Belgian Euroclear Bank Breached UN Libya Sanctions”
  4. R.C. Burns: “Entity List Screening Headaches Can Be Costly: The Abbreviated Version”
  1. Denise Shirey Moves to Export Solutions, Inc.
  1. List of Approaching Events: 5 New Events Posted This Week
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: ATF (15 Jan 2016), Customs (12 Jun 2018), DOD/NISPOM (18 May 2016), EAR (13 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 Seeks Comments Concerning Export License Transfer, Duplicate Services Info Collections
(Source: 
Federal Register, 14 Sep 2018.) [Excerpts.] 
 
83 FR 46703-46704: Proposed Information Collection; Comment Request; License Transfer and Duplicate License Services
 
* AGENCY: Bureau of Industry and Security (BIS), Commerce.
* ACTION: Notice. … 
* DATES: To ensure consideration, written comments must be submitted on or before November 13, 2018.
* ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, 1401 Constitution Avenue NW, Room 6616, Washington, DC 20230 (or via the internet at 
docpra@doc.gov
.)
FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Mark Crace, BIS ICB Liaison, (202) 482-8093 or at 
mark.crace@bis.doc.gov
.
SUPPLEMENTARY INFORMATION: … The collection is necessary under Section 750.9 of the Export Administration Regulation (EAR) which outlines the process for obtaining a duplicate license when a license is lost or destroyed. Section 750.10 of the EAR explains the procedure for transfer of ownership of validated export licenses. Both activities are services provided after the license approval process. The supporting statement will use the terms “transfer” and “duplicate” to distinguish the unique activities of each. When no distinction is made, the response supports both activities. … 
  
Transfer: When a request to transfer a license or licenses is received, BIS reviews the proposed transfer, and if approved, submits a validated letter authorizing the transfer of ownership.
  Duplicate: When a request for a duplicate license is received, the original license is found in BIS’s Export Control Automated Support System (ECASS) and the duplicate is then issued by ECASS. The request for a Start Printed Page 46704duplicate license is a written submission; the output is electronic. … 
  – 
OMB Control Number: 0694-0126.
  – Form Number(s): N/A.
  – Type of Review: Regular submission. … 
  – Respondent’s Obligation: Voluntary.
  – Legal Authority: Export Administration Act of 1979, Section 15(b) of the EAR, Section 750.9 and 750.10 of the EAR. … 
  Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.
Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.
 
  Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer.

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OGSOTHER GOVERNMENT SOURCES

OGS_a12
. Items Scheduled for Publication in Future Federal Register Editions
 

(Source:
Federal Register)
 
* Commerce; Industry and Security Bureau NOTICES; Effectiveness of Licensing Procedures for Agricultural Commodities to Cuba [Publication Date: 17 Sep 2018.]
 
* Commerce; International Trade Administration; NOTICES; Panel Reviews; North American Free Trade Agreement [Publication Date: 17 Sep 2018.]

 

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OGS_a03
4. 
State/DDTC: (No new postings.)

(Source: 
State/DDTC)

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OGS_a04
5. 
EU Amends Restrictive Measures Concerning North Korea, Prolongs Russia Sanctions Until 15 Mar 2019

(Source: 
Official Journal of the European Union, 14 Sep 2018.)
 
Regulations

Council Implementing Regulation (EU) 2018/1230 of 12 September 2018 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

Council Implementing Regulation (EU) 2018/1231 of 13 September 2018 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea
 
Decisions

Council Decision (CFSP) 2018/1237 of 12 September 2018 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

Council Implementing Decision (CFSP) 2018/1238 of 13 September 2018 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea 

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OGS_a05
6. 
UK ECJU Amends Export Control Order 2008, Publishes Firearms Export Guidance Note, Updated Consolidated List

(Source: 
UK ECJU, 14 Sep 2018.) 
 
UK’s Export Control Joint Unit (ECJU) has amended the Export Control Order 2008. Changes have been made to Schedules 1, 2 and 3. A guidance note has also been published alongside this notice to exporters.
 
The new order, 
The Export Control (Amendment) (No. 2) Order 2018 (S.I. 2018 No. 939) comes into force on 14 September 2018. It extends the controls on firearms to include devices capable of being converted to firearms. This follows the UK’s obligation to implement Directive 2017/853, which amends Council Directive 91/477/EEC on control of the acquisition and possession of weapons.
 
The Order also amends parts of schedule 1, 2 and 3 to the 2008 Order to restructure the lists of firearms contained within those 
schedules in order to better reflect the applicable legislation.
ECJU has also updated the consolidated control list of strategic military and dual-use items that require export authorization.
 
The updated consolidated list is available 
here (pdf). 
 
The complete list of changes can be found in the 
transposition note published with the Order. But key changes are listed here:
 
Schedule 1:
  – a new substituted entry in Schedule 1, Part 2, paragraph 10A (Trade Controls for Non-military firearms)
 
Schedule 2 (see transposition note for details):
  – numerous changes to ML1, ML2 and ML3 (Military firearms and ammunition)
  – ML7 and ML10.
 
Schedule 3:
  – a new substituted entry for national control PL9010 (non-military firearms outside the European Union)
  – a new national control entry PL9011 (non-military firearms inside the European Union)
  – a new control entry PL9011.f. (devices for firing blanks, irritants, other active substances or pyrotechnic rounds that are capable of being converted to a “firearm”)
  – a new control entry PL9011.g. (devices for salute or acoustic applications that are capable of being converted to a “firearm”)
 
Firearms Guidance
 

A detailed guidance note, attached to this notice to exporters, has been prepared to help exporters understand the legislation relevant to the export of firearms.

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NWSNEWS

(Source: 
Bulletin of the Atomic Scientists, 14 Sep 2018.) [Excerpts.] 
 
A radioactive source was reported missing on August 10 in Malaysia. Since then, Malaysian authorities have expressed growing concern about the possible use of this material in a terrorist attack. The reality is that this material could be used to build a radiological dispersal device (RDD), commonly known as a “dirty bomb,” and it can be found virtually in any country in the world. … 
 
According to records from the Malaysian Atomic Energy Licensing Board, 
there have been more than 16 cases involving the theft or loss of radioactive material since the 1990s, with the last incident reported in February 2017. Reports of the present incident in Malaysia indicate that the source ”
was being transported 30 miles from the town of Seremban to Shah Alam on the outskirts of Kuala Lumpur, the capital.” … 
 

While Malaysia has developed a strong export control regime for the sophisticated dual-use technologies being manufactured in the country, unfortunately, in the past, it has been a target and platform for nuclear smuggling. In the early 2000’s, the A.Q. Kahn network used Malaysia as a starting point to produce and export materials to Libya that later would be used in its clandestine nuclear weapons program. The missing radioactive device could raise questions over Malaysia’s nuclear legal framework that regulates the security of radioactive materials. …

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(Source: 
The Canary, 13 Sep 2018.) [Excerpts.] 
 
In an exclusive interview, the Labour Co-operative MP Lloyd Russell-Moyle has revealed to 
The Canary that British weapons sales are “opaque”, unaccountable, and lack any democratic controls. Russell-Moyle is a member of the Committees on Arms Export Controls (
CAEC). … 
 
In 2012, then foreign secretary William Hague defended arms sales to Saudi Arabia during 
its repression of demonstrators in Bahrain. He 
told parliament:
 
The Government takes its export responsibilities very seriously, and operates one of the most rigorous arms export control regimes in the world.
 
This refrain has been used so often that a Tumblr page entitled 
Rigorous Repetition records 
its use. … 
 
Russell-Moyle says the repeated government line is “a bad joke” and that, far from providing effective oversight, the CAEC is a near “toothless” organization.
 
He told 
The Canary:
 
The Court in the Saudi Arabia case said that it was not the Court’s job to scrutinize government decisions, it was parliament’s job. The point of the Committee is therefore, to some extent, mandated by a Court.
 
But, in fact, CAEC has “very little” power to influence the sale of weapons, he said. In fact, all it really does is review arms sales 
after they’ve already taken place. … 
 
The MP is also calling for weapons sales to be scrutinized and overseen by an independent body that is transparent; which must take evidence from human rights and humanitarian organizations, and is not run by a politician. … 

 
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NWS_a3
9
Financial Times: “EU Seeks New Powers for Money Laundering Crackdown”

(Source: 
Financial Times, 9 Sep 2018.) [Excerpts.] 
 
Commission plans would give European Banking Authority more investigative resources
 
Brussels will seek to toughen the powers of EU agencies to crack down on money laundering and terrorist financing in the wake of high-profile scandals that have shone a light on Europe’s deficiencies in tackling criminal cross-border money flows. 
 
The European Commission is working on proposals that would give the European Banking Authority, the EU’s banking regulator, greater enforcement powers and more resources to investigate the activities of banks involved in illicit financing, according to senior officials. 
 
In separate plans, the commission wants to give the European Public Prosecutor’s Office (EPPO), a recently created pan-EU agency, powers to launch investigations into the financing of terrorist activity across its member states from 2025. … 

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NWS_a4
10
South China Morning Post: “Meet the Legal Watchdog Who’s Keeping ZTE In Line with U.S. Export Control Laws”

(Source: 
South China Morning Post, 13 Sep 2018.) [Excerpts.]
 
Former US federal prosecutor is now the most powerful man at ZTE. Here’s all you need to know about the man, his role and what he can do to China’s second-biggest telecoms provider.
 
ZTE Corp, China’s second largest telecommunications equipment manufacturer, is rapidly moving to get its business back on track more than two months after Washington lifted a ban that stopped the company from buying software, chips and other components from US technology suppliers.
 
Its future, however, has become inextricably linked to how dutifully the Chinese company complies with US export control laws, the assessment of which is the task of former federal prosecutor Roscoe Howard Jnr.
 
Based in Washington, Howard was named as the special compliance coordinator for ZTE on August 24 by the US Department of Commerce. It is an independent role that provides a US executive with sweeping authority over the business of a multibillion-dollar Chinese technology company, listed in both Hong Kong and Shenzhen, with operations in more than 160 countries. …  

 

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NWS_a5
11
ST&R Trade Report: “Dates and Deadlines: CBP Forms, Section 232/301 Tariffs, Trade Compliance, GSP Refunds” 

(Source: 
Sandler, Travis & Rosenberg Trade Report, 14 Sep 2018.)
 
Following are highlights of regulatory effective dates and deadlines, federal agency meetings, and other trade-related events coming up in the next week.
 
  – 17 Sep: deadline for comments on 
CBP cargo transfer, general declaration forms
  – 17 Sep: deadline for comments to USDA on 
fruit and vegetable import information collections
  – 17 Sep: deadline for comments to ITC on potential
IPR import restrictions on strength training systems
  – 18 Sep: deadline for comments to ITC on potential 
IPR import restrictions on two-way radios
  – 19 Sep: deadline for comments to USTR on 
China’s compliance with its WTO commitments
  – 19 Sep: deadline for submitting certain 
GSP refund requests
  – 21 Sep: deadline for comments to ITC on potential 
IPR import restrictions on magnetic tape cartridges

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COMMCOMMENTARY

COMM_a2a
12. 
H. Cassin: “Six Compliance Failures at United Technologies”

(Source: 
FCPA Blog, 13 Sep 2018.) [Excerpts.] 
 
* Author: Harry Cassin is the managing editor of the FCPA Blog.
 
United Technologies Corporation agreed Wednesday to pay the SEC $13.9 million to 
settle FCPA offenses related to its Otis Elevator and Pratt & Whitney aircraft engine businesses in China, Azerbaijan, and six other countries.
 
Here are some findings from the SEC order:
 
(1) The Otis Elevator unit in Azerbaijan hired agents from Russia and Estonia without doing any due diligence, violating United Technologies’ corporate policies.
  
  “Despite a corporate policy that required it, no due diligence was performed on the intermediaries, which were small entities registered in either Russia or Estonia. None of them had local experience in Azerbaijan or reliable experience in either import/export or the elevator industry. In fact, one of the intermediaries was not a registered entity until February 2014, well after participating in Otis’s transactions with Liftremont in 2013.” … 
 
United Technologies settled with the SEC without admitting or denying the findings. View the SEC administrative order 
here (pdf).
 
[Editor’s Note: to read the entire commentary, click on the source link below the item title.]
 

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COM_a3
13. 
K.J. Wolf, T.J. McCarthy & S.C. Emme: “The Export Control Reform Act of 2018 and Possible New Controls on Emerging and Foundational Technologies” [Part III of III]

(Source: 
Akin Gump Strauss Hauer & Feld LLP, 12 Sep 2018.)
 
* Authors: Kevin J. Wolf, Esq., 
kwolf@akingump.com, +1 202-887-4051; Thomas J. McCarthy, Esq., 
tmccarthy@akingump.com, +1 202-887-4047; and Steven C. Emme, Esq., 
semme@akingump.com, +1 2020887-4368. All of Akin Gump Strauss Hauer & Feld LLP.
 
[Editor’s Note: Part 1 and 2 in this series were included in the 12 September 2018, and 13 September 2018 editions of the Daily Bugle.]
 
IV. The Statement of Policy Codifies Long-Standing BIS Policies-and Provides the Administration with Considerable Discretion in Administering the System
 
Section 1752 contains a lengthy statement of policy that may seem new to some, but fairly accurately reflects the written and unwritten licensing and other export control policies that have evolved within BIS since the Export Administration Act was passed in 1979. Some provisions may seem contradictory, but they are examples of the difficult choices that BIS and its interagency colleagues make daily when deciding which dual-use and other items to control, how to control them and when to approve, condition or deny their export.
 
For example, the section states that export controls should be used only after consideration of their impact on the U.S. economy and only to the extent necessary to advance the national security and foreign policy interests of the United States. These interests require regulations to control the proliferation of items for use in weapons of mass destruction; acts of terrorism; or military programs that could threaten the United States or its allies, or that could disrupt critical infrastructure. They must also, for example, simultaneously (i) preserve the military superiority of the United States; (ii) promote human rights; (iii) carry out our commitments to the multilateral regimes; (iv) facilitate interoperability with our NATO and other close allies; (v) be focused on core technologies of concern; (vi) maintain U.S. leadership in science, engineering, manufacturing and technology, including foundational technologies; (vii) be enforced aggressively and consistently; (viii) be administered in a way that is able to be easily understood; and (ix) be transparent, predictable, timely and flexible.
 
V. The Authority to Control Activities by U.S. Persons Is Codified and Slightly Expanded
 
Unlike the ITAR, the EAR does not have general controls over services provided by U.S. persons, except in connection with violations of the EAR-“General Prohibition 10.” Most of the EAR are focused on regulating the export, reexport and transfer by U.S. and foreign persons of commodities, software and technology subject to the EAR. EAR Part 744 has long regulated the activities of U.S. persons, regardless of whether any technology is transferred, if they relate to weapons of mass destruction or foreign maritime nuclear projects. Section 1753 adds specific authority for the EAR to regulate services by U.S. persons, wherever located, if they are related to “specific foreign military intelligence services.” It remains to be seen how, or whether, BIS will implement this new authority in the EAR.
 
VI. Licensing Considerations Regarding the Defense Industrial Base
 
Section 1756(d) requires BIS to deny an application if the proposed export would have a “significant negative impact” on the defense industrial base, which is defined as including (i) a reduction in the availability of an item produced in the United States that is likely to be acquired by the U.S. government for the advancement of U.S. national security, (ii) a reduction in the production in the United States of an item that is the result of federally funded research and development, or (iii) a reduction in the employment of U.S. persons whose knowledge and skills are necessary for the continued production in the United States of an item that is likely to be acquired by the U.S. government for the advancement of U.S. national security. To help make this determination, BIS may seek information from the applicant regarding, for example, why the proposed export would be in the national interest and what the impact would be on the relative capabilities of U.S. and foreign militaries. Although previous administrations took such considerations into account when making licensing decisions, this section describes the standard in a novel, formal way consistent with the underlying policy motivations behind FIRRMA.
 
VII. Required Review of Licensing Policies Regarding Exports to Countries Subject to Arms Embargoes, Such as China
 
Although the ECA does not change any country-specific licensing policies, it does require BIS, in coordination with the other export control agencies, to “review license requirements relating to countries subject to a comprehensive arms embargo.” The section does not refer expressly to China or any other country, but it is clearly focused on requiring an evaluation of whether (i) the EAR’s China “Military End Use” rule should be expanded to also apply to “military end users” in China or additional items on the control list not now captured by the rule, and (ii) additional low-end items controlled for “anti-terrorism” reasons to only Iran and other comprehensively embargoed destinations should also be controlled for export to China. BIS must implement any recommended changes before early May 2019. Such changes are likely to occur.
 
VIII. Penalties and Enforcement
 
Section 1760 of the ECA codifies civil and criminal penalties that were established under the International Emergency Economic Powers Act (IEEPA). The maximum criminal penalties for willful violations will continue to be $1 million and, for individuals, imprisonment of up to 20 years. Maximum civil penalties will be slightly higher than the current inflation-adjusted penalties under IEEPA-$300,000 or twice the value of the applicable transaction, whichever is greater. Other penalties, such as denying a party the ability to export, remain the same.
 
Section 1761 of the ECA enhances BIS’s enforcement authorities, which are now on par with other enforcement agencies, such as the Department of Homeland Security and the Federal Bureau of Investigation. For example, a violation of ECRA, which includes both the export control and antiboycott provisions, is now a predicate offense that can be cited to justify a wiretap. ECA also gives BIS enforcement officials the authority to conduct investigations “outside the United States consistent with applicable law.” There are broader issues about the authority of the U.S. government to conduct investigations abroad that are beyond the scope of this alert, but ECA, unlike previous authorities, does not limit BIS to conducting investigations in only the United States. In addition, ECA gives BIS the authority to spend funds or engage in other financial transactions (such as leasing space) to conduct undercover investigations. Finally, ECA expands the bases upon which BIS enforcement can impose denial orders. Previously, BIS’s authority to impose denial orders was limited to situations where the person was convicted of a criminal violation of export control and other national security statutes. ECA expands the authority for BIS to issue denial orders when someone is convicted of criminal violations of conspiracy, smuggling or false-statements laws.
 
IX. Industry-Friendly Provisions
 
Consistent with long-standing BIS policies and practices, ECA requires that “licensing decisions are to be made in an expeditious manner [ideally, within 30 days of a request], with transparency to applicants on the status of license and other authorization processing and the reason for denying any license or request for authorization.” As under the Export Administration Act of 1979, no fees may be charged in connection with any license or other request made in connection with the EAR. In addition, BIS is required to continue helping U.S. persons, particularly including small- and medium-sized companies, comply with the EAR through training and other outreach.
 
X. Coordination of Export Control and Sanctions Authorities
 
One of the key unrealized aspirations of the Obama administration’s export control officials was the creation of a single export control licensing agency that administered a single set of export control regulations in order to accomplish the national security and foreign policy objectives of the controls with significantly fewer regulatory burdens. Although the ECA does not suggest or require any organizational changes within the export control system, it does require the President to coordinate the export controls and sanctions administered by the departments of Commerce, State, Treasury and Energy. The ECA goes on to state that, in order to achieve such effective coordination, Congress believes that these agencies:
 
  – “should regularly work to reduce complexity in the system, including complexity caused merely by the existence of structural, definitional, and other non-policy based differences between and among different export control and sanctions systems” and
  – “should coordinate controls on items exported, reexported, or in-country transferred in connection with a foreign military sale [administered by the Department of State’s Office of Regional Stability and Arms Transfers (RSAT)]. . . or a commercial sale [of defense articles administered by the Department of State’s Directorate of Defense Trade Controls (DDTC)] to reduce as much unnecessary administrative burden as possible that is a result of differences between the exercise of those two authorities.”
 
Examples of how such coordination could be enhanced (but that are not described in ECA) include (i) continued efforts to harmonize definitions of terms in, and organizational structures of, the EAR, the ITAR and the sanctions regulations; (ii) the creation of a single online portal with a single common license application for submissions to BIS, DDTC, and the Office of Foreign Assets Control (OFAC), (iii) combined BIS, DDTC and OFAC training, outreach and enforcement efforts; (iv) regularly scheduled rotations of licensing officers among the agencies for cross training; and (v) delegations of authority making it so that the reexport of military items subject to the EAR have the same requirements and prohibitions, regardless of whether the item was originally exported under a foreign military sale or a direct commercial sale.
 
XI. Definitions in the EAR Are Unchanged
 
The definitions of key terms in ECRA, such as “export” and “technology,” are consistent with the definitions revised during the Obama administration’s Export Control Reform initiative. (The definition of “U.S. Person” as proposed would have inadvertently dramatically increased the extraterritorial scope of the regulations. That issue was fixed in the final version of ECRA.) Also, ECRA does not require BIS to change EAR definitions or core concepts, such as the 
de minimiscarveout, or the meaning of “published” information or “fundamental research.” BIS continues to have discretion to amend most of the EAR’s definitions as necessary and to create new definitions.
 
During the early public discussion about ECRA and the “emerging” and “foundational” technology topic, some in industry expressed concerns that the statutory definition of “technology” would sweep more information within the scope of the EAR than the EAR did. Part of the discussion revolved around the words “required” and “necessary.” Another part revolved the words “development” and “know-how.” ECRA uses the same essential elements of the definition as does the EAR. That is, it defines the term as including information “necessary” for the “development,” “production” or “use” of an “item,” which is defined the same way as the EAR in that it means “commodities,” “software” and “technology.” The main difference is that ECRA uses the word “includes” rather than “means.” This gives BIS authority to expand the scope of covered “technology.” Given this discretion, that “necessary” information is vastly broader in scope than “required” technology, and that the concepts of “emerging” and “foundational” technologies are inherently broad, industry should follow closely the evolution of the proposed new controls. Subtle differences in terminology-such as between the use of “necessary” or “required” as control parameters-can have extraordinarily large impacts on the scope of information subject to licensing or other obligations.
 

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COMM_a1
14.
M. O’Kane: “UN Panel of Experts Say Belgian Euroclear Bank Breached UN Libya Sanctions”

(Source: 
European Sanctions Blog, 12 Sep 2018.) 
 
* Author: Michael O’Kane, Esq., Peters & Peters Solicitors LLP, mokane@petersandpeters.com.
  
In a 
Report published last week (5 September), the United Nations (UN) Panel of Experts for the Libya Sanctions Committee said Belgium’s Euroclear Bank had been in 
“non-compliance with the [UN-Libya] asset freeze”. The report states that the bank had allowed for interest payments from the frozen funds of the former Gaddafi regime to be made available to bank accounts of the Libyan Investment Authority in third countries until 23 October 2017.

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COM_a4
15. 
R.C. Burns: “Entity List Screening Headaches Can Be Costly: The Abbreviated Version”

(Source: 
Export Law Blog, 13 Sep 2018. Reprinted by permission.)
 
* Author: R. Clifton Burns, Esq., Bryan Cave LLP, Wash DC, 
Clif.Burns@bryancave.com, 202-508-6067).
 
BIS recently announced a 
settlement with Mohawk Global Logistics Corporation for $155,000 ($20,000 of which was suspended if Mohawk behaved itself during a probationary period).   The penalty arose out of Mohawk’s export of items to institutions on the Entity List without the required license.  In both instances, Mohawk screened against the list, but things went wrong.
 
One of the exports went to the University of Electronic Science and Technology of China (“UESTC”).  Rather than screen against the full name of the university, Mohawk just screened the university’s commonly-used acronym – UESTC.   As a result, it failed to flag the transaction. BIS, in the charging documents, noted that the address it had for UESTC was a “near-match” (whatever that means) to the address shown for UESTC on the Entity List.  The take-away here, of course, is that exporters should screen entire names and addresses.
 
One of the other exports was to the All-Russian Scientific Research Institute of Experimental Physics otherwise known as VNIIEF (because the name in Russian – Всероссийский Научно-Исследовательский Институт Експериментальной Физики [Vserossiyskiy Nauchno-Issledovatelckiy Eksperimentalnoy Fiziki] – is abbreviated as ВНИИЕФ or VNIIEF when transliterated to the Roman alphabet – got that?).  Now for this export the transliterated Roman abbreviation resulted in a hit, which, for some unexplained reason, the Mohawk export supervisor simply ignored.
 
A footnote dropped by BIS on VNIIEF reveals the perils of foreign language names and the Entity List.   The initial listing was for the “All-Union” Scientific Research Institute of Experimental Physics.  When this was updated to the correct “All-Russian” Scientific Research Institute of Experimental Physics in 2011, the common acronym VNIIEF (but not ARSIEP, which is, clearly, a better acronym) was added.  But searches of VNIIEF, the common name of that entity, prior to 2011 would not have turned up anything.   The moral of this story:  don’t search abbreviations or acronyms.
 
The fine here seems high.   The goods involved were EAR99 items and worth, in total, about $200,000. A license probably would have been granted if requested so there’s no palpable harm to national security here. And Mohawk tried to screen but just did not do a very good job of it.  However, it’s not like they, like many exporters, did not even try to screen the recipients.   Granted the inexplicable activity of the Mohawk supervisor in overriding the hit for VNIIEF would permit some aggravation of the penalty.  And perhaps the failure to screen addresses when they had a “near match” of the correct address further annoyed BIS.  But it seems to me here that BIS is fining incompetence rather than malice.

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

MSEX/IM MOVERS & SHAKERS

MS_a1
16. Denise Shirey Moves to Export Solutions, Inc. 
(Source: Editor)
 
Denise Shirey, formerly a member of Curtiss-Wright Corporation’s Global Trade Compliance team, has moved to Export Solutions, Inc.  Contact Denise at DeniseS@exportsolutionsinc.com or (386) 717-9191.

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

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a3
17. 
List of Approaching Events: 5 New Events Posted This Week
(Sources: Editor and Event Sponsors)

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

#” = New or updated listing  

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

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

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

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

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

 


* Sep 16-19: Atlanta, GA; “2018 Annual Conference and Exposition“; National Association of Foreign Trade Zones (NAFTZ)
* Sep 17: Los Angeles, CA; “Import Compliance“; Global Trade Academy
* Sep 17-20: Columbus, OH; “University Export Controls Seminar at The Ohio State University in Columbus“; Export Compliance Training Institute (ECTI); jessica@learnexportcompliance.com; 540-433-3977
* Sep 17-21: Los Angeles, CA; “Import 5-Day Boot Camp“; Global Trade Academy  
* Sep 18: Anaheim, CA; “Import Documentation and Procedures Seminar“; International Business Training 

Sep 18: Kontich, Belgium; “
Export Controls Master Class
“; Customs4Trade

* Sep 18: Los Angeles, CA; “Tariff Classification for Importers and Exporters“; Global Trade Academy 


Sep 18: Rotterdam, The Netherlands; “
China and Trade Controls
“; Kneppelhout & Korthals Lawyers

* Sep 19: Washington, D.C.; “DDTC In-House Seminar“; Department of State (Registration: Aug 10 – Aug 31; first come, first served)
* Sep 19: Los Angeles, CA; “NAFTA and Trade Agreements“; Global Trade Academy
* Sep 19-20: Rome, Italy; “Defense Exports 2018“; SMi

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

* Sep 20: Pittsburgh, PA; “Export Documentation and Procedures Seminar“; International Business Training 
* Sep 20: Los Angeles, CA; “Country and Rules of Origin“; Global Trade Academy

* Sep 20: Mountain View, CA; “
Assist Valuation: What Every Import Professional Needs to Know
“; Professional Association of Exporters and Importers

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

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

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

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

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

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

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

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

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

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

* Oct 3: London, UK; “Control List Classification – Combined Dual-Use and Military“; UK Department for International Trade
* Oct 4: London, UK; “Making better License Applications“; UK Department for International Trade

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

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

*
 Oct 10: New Orleans, LA; “Tariff Classification Seminar“; Global Learning Centre

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

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

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

* 
Oct 16: Kontich, Belgium; “
Export Control Compliance Basics
“; Customs4Trade


Oct 17: Dallas Fort-Worth, TX; “
AES/ACA Compliance
“; North Texas Customs Brokers and Freight Forwarders Association (NTCBFFA)

* Oct 17: Manchester, UK; “
Understanding Tariff Codes
” Greater Manchester Chamber of Commerce
* October 17-18; Miami/Fort Lauderdale, FL; “11th Maritime Forwarding, Freight Logistics & Global Chain Supply Workshop“; ABS Consulting; albert@abs-consulting.net; 954 218-5285
 

* Oct 18-19: McLean, VA; “ITAR Fundamentals“; FD Associates
* Oct 19: Dallas TX; “
Customs/Import Boot Camp
“; Partnering for Compliance
* Oct 21-23: Grapevine, TX; “2018 Fall Conference“; International Compliance Professionals Association (ICPA)
* Oct 22-26: Dallas, Texas; “Best Customs Broker Exam Course“; GRVR Attorneys
* Oct 22-23: Arlington, VA; “2018 Fall Advanced Conference“; Society for International Affairs (SIA)

* Oct 23: Adelaide, Australia; 
Defence Export Controls Outreach
; Australian Department of Defense

*
 Oct 23: Kontich, Belgium; “
Export Control Compliance Basics
“; Customs4Trade

*
Oct 23-24: New Orleans, LA; “
Complying with U.S. Export Controls – 2 Days
“; 
Commerce/BIS;

* Oct 24: Leeds, UK; “Intermediate Seminar“; UK Department for International Trade
* Oct 25: Leeds, UK; “Beginner’s Workshop“; UK Department for International Trade
* Oct 25: Leeds, UK; “Licenses Workshop“; UK Department for International Trade
* Oct 25: Leeds, UK; “Control List Classification – Combined Dual Use and Military“; UK Department for International Trade

*
Oct 25: New Orleans, LA; “
How to Build an Export Compliance Program – 1 Day
“; 
Commerce/BIS;

* Oct 26: Louisville, KY; “Incoterms 2010: Terms of Sale Seminar“; International Business Training
* Oct 26: Milwaukee, WI; “Incoterms: A Strategic Approach“; International Business Training 
* Oct 29 – Nov 1: Phoenix, AZ; ITAR Defense Trade Controls / EAR Export Controls Seminar“; ECTI; jessica@learnexportcompliance.com; 540-433-3977

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

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

Oct 30: Singapore; “
4th Asia Summit on Economic Sanctions
“; American Conference Institute

* Oct 30 – Nov 1: Chicago, IL; ”
Export Controls Specialist – Certification
“; Global Trade Academy

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


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

* Nov 6: Manchester, UK; “Export Control Symposium Autumn 2018“; UK Department for International Trade


Nov 6-7: Düsseldorf, Germany; “Customs Compliance in Europe 2018 Conference“; NielsonSmith


* Nov 7: Detroit, MI; ”
Advanced Classification of Machinery and Electronics“; Global Trade Academy
* Nov 7: Manchester, UK; “
Understanding Incoterms
” Greater Manchester Chamber of Commerce

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

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

* Nov 12-15: Washington, D.C.; “ITAR Defense Trade Controls / EAR Export Controls Seminar“; ECTI; jessica@learnexportcompliance.com; 540-433-3977
* Nov 13: Tysons Corner, VA; “Made in America, Buy America, or Buy American: Qualify your Goods and Increase Sales“; Global Trade Academy
* Nov 14: Manchester, UK; “Intermediate Seminar“; UK Department for International Trade


Nov 14-15: London, UK; “
Export Controls, ICPs and Good Practice
“; WorldECR

* Nov 15: Manchester, UK; “Beginner’s Workshop“; UK Department for International Trade
* Nov 15: Manchester, UK; “Licenses Workshop“; UK Department for International Trade
* Nov 15: Manchester, UK; “Control List Classification – Combined Dual Use and Military“; UK Department for International Trade
* Nov 15: McLean, VA; “ITAR For the Empowered Official“; FD Associates
* Nov 16, San Diego, CA; “Incoterms 2010: Terms of Sale Seminar“; International Business Training

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

* Nov 20: Sydney, Australia; 
Defence Export Controls Outreach
; Australian Department of Defense;

* Nov 21: London, UK; “Cyber Export Controls“; UK Department for International Trade

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

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

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

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

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

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

* Jan 6-7: Long Beach, CA; ”
Fundamentals of FTZ Seminar“;
* Jan 21-24, 2019: San Diego, CA; “ITAR Defense Trade Controls / EAR Export Controls Seminar“; ECTI; 540-433-3977

* Jan 30-31: Washington, DC; “
5th National Forum on CFIUS
;” American Conference Institute (ACI)

* Feb 6-7: Orlando, FL; “
Boot Camp: Achieving ITAR/EAR Compliance
“; Export Compliance Solutions (ECS)

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

* Mar 26-27: Scottsdale, AZ; “
Seminar Level II: Managing ITAR/EAR Complexities
“; Export Compliance Solutions
 

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


 

*
Sep 19; Webinar; “Drastic Regulatory Changes for China Trade Management“, Amber Road

* Sep 
19: Webinar; “
International Logistics
“; International Business Training
 

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

* Sep 25: Webinar; “
Meeting CBP’s Informed Compliance and Reasonable Care Standards
;” Sandler, Travis & Rosenberg, P.A. (ST&R)

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

* Oct 2: Webinar; “
Mitigating Section 301 Duties With First Sale Customs Valuation
;” Sandler, Travis & Rosenberg, P.A. (ST&R)
* Oct 10: Webinar; “
Advanced Classification, Part 2
;” Sandler, Travis & Rosenberg, P.A. (ST&R)

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

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

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

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

ENEDITOR’S NOTES

EN_a118
. Bartlett’s Unfamiliar Quotations

(Source: Editor)
Francisco de Quevedo (Francisco Gómez de Quevedo y Santibáñez Villegas; 14 September 1580 – 8 September 1645) was a Spanish nobleman, politician and writer of the Baroque era. Along with his lifelong rival, Luis de Góngora, Quevedo was one of the most prominent Spanish poets of the age. His style is characterized by what was called conceptismo.
  – “We all wish to reach a ripe old age, but none of us are prepared to admit that we are already there.”
 

Yoda, Jedi Master 
(Jedi Grand Master Yoda is amongst the oldest, stoic, and most powerful known Jedi Masters in the Star Wars universe.)
  – “Do, or do not. There is no ‘try.’ “
 
Friday funnies:
* Variance on that trite blurb at the bottom of your emails:
  “Don’t feel guilty if you want to print this email. It is GOOD to print this e-mail. Paper is a biodegradable, renewable, sustainable product made from trees. Growing and harvesting trees provides jobs for millions of individuals, and managed forests are good for the environment, providing clean air, clean water, wildlife habitat and carbon storage.”
    — Damon Pike

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

EN_a219. 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: 13 Sep 2018: 
83 FR 46391-46392
: Addition of Certain Entities to the Entity List, Revision of Entries on the Entity List and Removal of Certain Entities From the Entity List; Correction

 

FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders

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

 

FOREIGN TRADE REGULATIONS (FTR): 15 CFR Part 30  

  – Last Amendment: 24 Apr 2018:
83 FR 17749-17751
: Foreign Trade Regulations (FTR): Clarification on the Collection and Confidentiality of Kimberley Process Certificates

  – HTS codes that are not valid for AES are available 
here.
  –
The latest edition (30 April 2018) of Bartlett’s Annotated FTR (“BAFTR”), by James E. Bartlett III, is available for downloading in Word format. The BAFTR contains all FTR amendments, FTR Letters and Notices, a large Index, and approximately 250 footnotes containing case annotations, practice tips, Census/AES guidance, and explanations of the numerous errors contained in the official text. Subscribers receive revised copies in Microsoft Word every time the FTR is amended.  The BAFTR is available by annual subscription from the Full Circle Compliance 
website
BITAR subscribers are entitled to a 25% discount on subscriptions to the BAFTR. Government employees (including military) and employees of universities are eligible for a 50% discount on both publications at www.FullCircleCompiance.eu
 
* HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA), 1 Jan 2018: 19 USC 1202 Annex. (“HTS” and “HTSA” are often seen as abbreviations for the Harmonized Tariff Schedule of the United States Annotated, shortened versions of “HTSUSA”.)

  –
Last Amendment: 
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_a320
. Weekly Highlights of the Daily Bugle Top Stories
(Source: Editor)
 

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

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

* 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 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.

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