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18-0928 Friday “Daily Bugle”

18-0928 Friday “Daily Bugle”

Friday, 28 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 on Procedures for Submitting Request for Exclusions from the Section 232 National Security Adjustments of Imports of Steel and Aluminum
  2. Commerce/BIS Seeks Comments on Procedures for Submitting Requests for Objections from the Section 232 National Security Adjustments of Imports of Steel and Aluminum
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.)
  3. DoD/DSS Announces eMASS CBT Training Available on the RMF Knowledge Service
  4. OMB/OIRA Reviews of Proposed Ex/Im Regulations
  5. State/DDTC: (No new postings.)
  6. Australia/DEC Closed on 1 Oct, ACT Public Holiday
  7. EU Amends Certain Specific Restrictions on Economic and Financial Relations with Iraq
  1. ST&R Trade Report: “Dates and Deadlines: Customs Fees, Food Exports, Valuation, China, COAC”
  1. C.C. Davis, K.J. Wolf & J. Hwa Song: “New CFIUS Law: Key Issues Affecting the Energy Sector”
  2. K. Chenney: “Understanding US influence on Defence Export Controls”
  3. M. Lester: “Commons Paper on the Future of Sanctions”
  4. M. Volkov: “Maintaining Your Company’s Compliance Program in the Rapid Policy World of Change by Tweet”
  1. List of Approaching Events: 12 New Events Posted This Week
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: ATF (15 Jan 2016), Customs (19 Sep 2018), DOD/NISPOM (18 May 2016), EAR (26 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 on Procedures for Submitting Request for Exclusions from the Section 232 National Security Adjustments of Imports of Steel and Aluminum

(Source: Federal Register, 28 Sep 2018.) [Excerpts.]
 
83 FR 49064: Proposed Information Collection; Comment Request; Procedures for Submitting Request for Exclusions from the Section 232 National Security Adjustments of Imports of Steel and Aluminum
* AGENCY: Bureau of Industry and Security, U.S. Department of Commerce.
* ACTION: Notice. …
* DATES: To ensure consideration, written comments must be submitted on or before November 27, 2018.
* ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW, 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:
  – Abstract: On March 8, 2018, the President issued Proclamations 9704 and 9705 concurring with the findings of the two investigation reports submitted by the Secretary of Commerce pursuant to section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) and determining that adjusting imports through the imposition of duties on steel and aluminum is necessary so that imports of steel and aluminum will no longer threaten to impair the national security. The Proclamations also authorized the Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of the Treasury, the Secretary of State, the United States Trade Representative, the Assistant to the President for Economic Policy, the Assistant to the President for National Security Affairs, and other senior executive branch officials as appropriate, to grant exclusions from the duties for domestic parties affected by the duties. This could take place if the Secretary determines the steel or aluminum for which the exclusion is requested is not produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality or should be excluded based upon specific national security considerations. The President directed the Secretary to promulgate regulations as may be necessary to implement an exclusion process. The purpose of this information collection is to allow for submission of exclusions requests from the remedies instituted in presidential proclamations adjusting imports of steel into the United States and adjusting imports of aluminum into the United States. …
 
  Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer.

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

EXIM_a2

2
. Commerce/BIS Seeks Comments on Procedures for Submitting Requests for Objections from the Section 232 National Security Adjustments of Imports of Steel and Aluminum

(Source: Federal Register, 28 Sep 2018.) [Excerpts.]
 
83 FR 49063: Proposed Information Collection; Comment Request; Procedures for Submitting Requests for Objections from the Section 232 National Security Adjustments of Imports of Steel and Aluminum
* AGENCY: Bureau of Industry and Security, U.S. Department of Commerce.
* ACTION: Notice. …
* DATES: To ensure consideration, written comments must be submitted on or before November 27, 2018.
* ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW, 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: …
  – Abstract: On March 8, 2018, the President issued Proclamations 9704 and 9705 concurring with the findings of the two investigation reports submitted by the Secretary of Commerce pursuant to section 232 of the Trade Expansion Act of 1962 (U.S.C. 1862) and determining that adjusting imports through the imposition of duties on steel and aluminum is necessary so that imports of steel and aluminum will no longer threaten to impair the national security. The Proclamations also authorized the Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of the Treasury, the Secretary of State, the United States Trade Representative, the Assistant to the President for Economic Policy, the Assistant to the President for National Security Affairs, and other senior executive branch officials as appropriate, to grant exclusions from the duties for domestic parties affected by the duties. This could take place if the Secretary determines the steel or aluminum for which the exclusion is requested is not produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality or should be excluded based upon specific national security considerations. The President directed the Secretary to promulgate regulations as may be necessary to implement an exclusion process. The purpose of this information collection is to allow for submission of objections requests from the remedies instituted in presidential proclamations adjusting imports of steel into the United States and adjusting imports of aluminum into the United States. …
 
  Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer.

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

OGSOTHER GOVERNMENT SOURCES

OGS_a13
. Items Scheduled for Publication in Future Federal Register Editions
 

(Source:
Federal Register)
 
* Commerce; Industry and Security Bureau; NOTICES; Meetings [Publication Date: 28 September 2018.]:
  – Information Systems Technical Advisory Committee
  – Materials Processing Equipment Technical Advisory Committee
  – Sensors and Instrumentation Technical Advisory Committee

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

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

OGS_a03
5. DoD/DSS Announces eMASS CBT Training Available on the RMF Knowledge Service

(Source: DoD/DSS, 28 Sep 2018.)
 
Attention Industry Partners, the Enterprise Mission Assurance Support Service (eMASS) computer-based training and sponsorship sections of the Risk Management Framework (RMF) Knowledge Service (KS) site are now accessible. Please follow the
NISP eMASS Job Aid for obtaining an RMF KS account. Once your account is established, the eMASS training can be accessed
here. Please feel free to reach out to NAO at
dss.quantico.dss-hq.mbx.odaa@mail.mil with any questions or concerns.

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

OGS_a04
6. OMB/OIRA Reviews of Proposed Ex/Im Regulations

(Source: OMB/OIRA, 27 Sep 2018.)     
 
* Bump-Stock-Type Devices
  – AGENCY: DOJ-ATF
  – STAGE: Final Rule
  – RECEIVED DATE: 09/27/2018
  – RIN: 1140-AA52
  – STATUS: Pending Review

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

OGS_a05
7. 
State/DDTC: (No new postings.)

(Source: 
State/DDTC)

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

OGS_a6
8. Australia/DEC Closed on 1 Oct, ACT Public Holiday

(Source: Australia DoD/DEC, 28 Sep 2018.)
 
Defence Export Controls (“DEC”) will be closed Monday, 1st of October 2018 for an Australian Capital Territory (“ACT”) Public Holiday. Please note that applications cannot be processed during this time. Defence Export Controls will re-open on Tuesday, 2nd of October 2018.

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

OGS_a7
9. EU Amends Certain Specific Restrictions on Economic and Financial Relations with Iraq
(Source: Official Journal of the European Union, 28 Sep 2018.)
 
Regulations:
* Commission Implementing Regulation (EU) 2018/1302 of 27 September 2018 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
* * * * * * * * * * * * * * * * * * * *

NWSNEWS

 
Following are highlights of regulatory effective dates and deadlines, federal agency meetings, and other trade-related events coming up in the next week.
 
  – 1 Oct: effective date of higher
customs user fees
  – 1 Oct: deadline for comments to USTR on
notorious markets for IPR infringement
  – 1 Oct: effective date of new FDA
food export certification program
  – 3 Oct: USTR hearing on China’s compliance with its WTO obligations
  – 3 Oct: deadline for comments to FTZ Board on request for
new subzone in Tennessee
  – 4 Oct: USTR meeting on Russia’s implementation of its WTO obligations
  – 5 Oct: deadline for comments to ITC on
IPR infringement investigation of dental ceramics

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

COMMCOMMENTARY

 
* Authors: Christian C. Davis, Esq., chdavis@akingump.com, +1 202-887-4529; Kevin J. Wolf, Esq., kwolf@akingump.com, +1 202-887-4051; and Jung Hwa Song, Esq., jsong@akingump.com, +1 212-872-8020. All of Akin Gump Strauss Hauer & Feld LLP.
 
Key Points
 
  – FIRRMA broadens the scope of a CFIUS review beyond transactions that could result in a foreign person gaining the ability to control a U.S. business. Consequently, more energy deals could be captured through expanded authorization to review (1) foreign investments in real estate located in sensitive locations even when no U.S. business is acquired, (2) certain non-controlling foreign investments in U.S. companies involved in “critical infrastructure,” “critical technologies” and “sensitive personal data,” and (3) changes in investor rights that could lead to foreign control or covered non-controlling investments.
  – Under the current law, CFIUS filings are voluntary unless the Committee requests or initiates a review in a specific case. FIRRMA will require filings in deals where a foreign government will obtain a “substantial interest” in a U.S. business, and potentially in transactions involving certain critical technology. As a result, CFIUS filings may become mandatory for certain energy deals.
  – The most significant provisions will not go into effect until February 2020 or 30 days after CFIUS publishes a determination that the regulations and necessary resources to administer FIRRMA are in place, whichever is sooner. In the meantime, energy companies and other affected parties will have an opportunity to comment on the scoping of key issues in the regulations including (i) the limits of what is included in the term “critical infrastructure,” (ii) the scope of the real estate provision, and (iii) the thresholds for the mandatory reporting requirements, among other things.
 
The Committee on Foreign Investment in the United States (“CFIUS”) is an interagency committee that conducts national security reviews of investments that could result in a foreign person’s gaining the ability to control a U.S. business-a “covered transaction.” CFIUS has the authority to initiate reviews of transactions, impose mitigation measures to address national security concerns and recommend that the President block pending transactions or order divestitures of completed transactions. To mitigate against such risks, parties may file a voluntary notice with CFIUS seeking clearance (or “safe harbor”) for the transaction to proceed.
 
On August 13, 2018, President Trump signed the Foreign Investment Risk Review Modernization Act (“FIRRMA”), a bipartisan bill that reforms the CFIUS process to address perceived gaps in the existing CFIUS review process. While the bill sponsors were primarily concerned about issues surrounding technology transfers to China, the new law has broader implications for foreign investment as we discussed in our previous alert in August 2018.
 
This alert is focused on how this legislation will impact the energy sector, including investments in oil and gas, renewable energy and utilities.
 
I. Expanded CFIUS Jurisdiction over Transactions in Energy Sector
 
FIRRMA expands CFIUS’ jurisdiction to include four new types of “covered transactions,” three of which are most likely to affect foreign investments in the energy sector, which are discussed below.
 
A. Purchases, Leases, Concession of U.S. Real Estate
 
Previously, foreign investments in real estate were only subject to CFIUS’ jurisdiction if they allowed a U.S. person to gain control over a “U.S. business,” which meant “any entity engaged in interstate commerce in the United States.” Under FIRRMA, the purchase, lease or concession of U.S. real estate to a foreign person will be subject to CFIUS review when the real estate (1) is in “close proximity” to a U.S. military or other sensitive U.S. government location if such property could reasonably allow for the collection of intelligence or otherwise expose national security activities at a U.S. government site; or (2) is located within, or will function as part of, an air or maritime port. FIRRMA excludes single housing units and real estate in “urbanized areas” and requires CFIUS to define “close proximity” in further detail in the regulations.
 
This provision is likely to capture energy deals that may not be currently subject to CFIUS jurisdiction. For instance, if a non-U.S. company acquires or leases a parcel of land to develop wind or solar assets or to extract oil and gas, that transaction may be subject to CFIUS jurisdiction if the parcel is located in proximity to U.S. military facilities or an air or sea port. Currently, such a transaction would likely fall within the “greenfield” exemption since it does not involve the acquisition of a U.S. business. Consequently, the parameters of the real estate provision established in the regulations will be a key issue for energy companies.
 
B. Noncontrolling Investments in U.S. Businesses Involving Critical Infrastructure
 
Prior to FIRRMA, CFIUS was only authorized to review transactions in foreign investments that gave a foreign person “control” over a U.S. business. FIRRMA expands CFIUS’ jurisdiction to cover non-controlling foreign investments in an unaffiliated U.S. business that involves critical infrastructure, critical technology or sensitive personal data of U.S. citizens. Such investments will only be covered if they provide the foreign person with access to any “material nonpublic technical information” possessed by the U.S. business; membership, observer or nomination rights for the board (or equivalent body) of the U.S. business; or any involvement, other than through voting of shares, in substantive decision making related to sensitive personal data, critical technologies or critical infrastructure. Material non-public technical information involves (i) background to the design, location or operation of critical infrastructure; or (ii) that which is necessary to develop or produce “critical technologies.”
 
The most relevant issue for the energy sector is that this provision allows CFIUS to review noncontrolling investments in a U.S. business that owns, operates, manufactures, supplies or services “critical infrastructure,” which is broadly defined as “systems or assets, whether physical or virtual, so vital to the United States that incapacity or destruction . . . would have a debilitating impact on national security.” Although CFIUS will issue regulations to clarify this definition and specify types and illustrative examples of such infrastructure, this provision is likely to impact investments that affect domestic energy infrastructure, such as the U.S. power transmission grid or strategic petroleum reserves. Consistent with the above, the scoping of what constitutes “critical infrastructure” in the regulations will be a key issue for the energy sector.
 
C. Changes in Rights
 
While this authority has existed in practice with respect to controlling transactions, FIRRMA explicitly provides for jurisdiction over the change in a foreign person’s rights with respect to a U.S. business if it could lead to (i) foreign control, or (ii) a noncontrolling investment discussed above. For instance, if a foreign company establishes a joint venture in the United States to develop energy resources and thereafter negotiates an adjustment to its rights (e.g., changing the board representation or decision making process), those changes could result in a CFIUS review.
 
II. Mandatory Filings
 
Under the current law, CFIUS filings are voluntary unless the Committee requests or initiates a review in a specific case. FIRRMA will require filings in deals where a foreign person, in which a foreign government has a “substantial interest”, will obtain a “substantial interest” in a U.S. business and potentially in transactions involving certain critical technology. Depending on how the regulations are finalized, CFIUS filings may become mandatory for certain energy deals.
 
III. National Security Considerations
 
FIRRMA states that CFIUS should consider the potential national security-related effects of a foreign person or foreign government’s “cumulative control of, or pattern of recent transactions involving any one type of critical infrastructure, energy asset, critical material or critical technology.” In other words, even if a standalone investment in the energy sector would appear not to have a significant national security impact, CFIUS could still block or apply mitigation measures where overall foreign ownership of that sector would present a national security concern. This consideration already was factored into the national security analysis, to some extent, but FIRRMA has drawn focus on this issue.
* * * * * * * * * * * * * * * * * * * *

(Source:
Australian Defence, 27 Sep 2018.)
 
* Author: Kevin Chenney, Senior Consultant, Goal Professional Services,
goal@goalgroup.com.au.
 
Australia’s Defence Industry is reaping the benefits of supply chain opportunities for high tech acquisitions such as the F-35 JSF, Future Frigates and Submarines, and armoured vehicles under Land 400. The nature of these projects however, incurs a significant regulatory burden and oversight from the Commonwealth and international governments.
 
Whilst all regulations are vitally important to maintain sovereignty of ownership, one of the most important of these regulations is Export Controls. These controls are designed to protect indigenous technologies which, through their design, manufacture or application, are controlled by the respective nation’s authorities.
 
The range of technologies being implemented in these projects has brought Australian companies under a number of foreign export control jurisdictions. The most influential of these is the US International Traffic in Arms Regulations (ITAR), and to a lesser extent, the US Export Administration Regulations (EAR).
 
ITAR controls military technologies and implements extra-territorial jurisdiction on these items, meaning involved Australian companies must be compliant with US regulations. Similarly, EAR controls dual-use technologies, which includes additional controls that, from the outside, might look less restrictive than ITAR. However, EAR can have more significant impacts upon Australian companies, including those working outside of the Defence arena that may not understand that they too fall within the breadth of these regulations.
 
An application by an Australian supply chain member for an ITAR or EAR item – either tangible or intangible – may be needed in order to fulfil a contract requirement. SMEs must be entrusted to remain compliant and fully aware of their obligations when granted this access.
 
Recent events in the US and Australia have increased discussions around compliance with the regulations:
 
  – Forward Looking Infrared (FLIR) systems was fined – under ITAR – US $30 million ($15 million suspended) for a number of breaches. Of those breaches, the most influential from an Australian perspective was a link provided to foreign persons who were then able to access controlled technology.
  – In an EAR case, Chinese company ZTE was fined US $1 billion with a seven-year denial order. However, this was subsequently lifted by order of President Trump regardless of the fact that ZTE was found to be supplying controlled technology to Iran and North Korea.
  – In an Australian example, the recent arrest of an Iranian researcher – on ITAR charges – while he was studying at the University of Queensland illustrates the extra-territorial controls able to be exercised in Australia under these US regulations.
 
During the recent Land Forces event in Adelaide, ITAR was raised as a concern during industry presentations. Likewise, presentations by personnel from Defence Export Controls Office (DECO) and the Defence Export Office highlighted the importance of Defence export awareness for Australian SMEs.
 
Compliance breaches with Defence Export Controls can lead to both custodial and monetary penalties. However, the loss of reputation and brand damage can often be more damaging to a company through either the loss of current work, because they are no longer allowed to perform the contracted role due to their breach, or through the loss of future opportunities.
 
Maintaining compliance with Defence Export Control Regulations is a straightforward process provided correct procedures are established. Procedural documents that fully describe the nature of a business, nomination of a suitable person to administer this process for the company, plus an ongoing training program to ensure awareness, remain the three key factors in maintaining compliance in this area. Companies should look to embed ITAR/EAR compliance into their business processes as a matter of urgency to take advantage of the opportunities currently available in the Defence Industry sector.
* * * * * * * * * * * * * * * * * * * *

(Source:  
European Sanctions Blog, 28 Sep 2018.)
* Author: Maya Lester, Esq., Brick Court Chambers,
maya.lester@brickcourt.co.uk, +44 20 7379 3550.
 
The House of Commons Library has published an interesting Briefing Paper on 
The Future of Sanctions post Brexit (26 September 2018). A few of the points it makes:
 
  – The terms of agreement on the UK’s post Brexit involvement in EU foreign policy, including sanctions, is still unclear. The UK has said it wants an independent sanctions policy, the EU has said it wants “decision making autonomy”.
  – Transatlantic cooperation is likely to become more difficult, sanctions could become “entangled with increasingly competitive and nationalist trade policies”, and without the UK, EU sanctions may become more damaging to UK interests. Less coordinated sanctions could undermine their beneficial effects and exacerbate their unwelcome consequences (“freezing the Western assets of oligarchs close to the Kremlin, for example, may result in rich Russians re-patriating their wealth – something that the Kremlin would welcome”.
  – The UK will have to take over the “technical work” previously done in Brussels to ensure good sanctions design, but the UK “supplied a disproportionate amount of this expertise” to the EU in any event.
  – The UK courts are likely to be “crucial in shaping policy” and there is likely to be a “big increase in litigation” which will require “extra capacity in the UK court system”.
  – A problem with the Government’s position that there should be no remedy in a UK court for an unfounded UN designation is that there is only a UN Ombudsperson for one sanctions list (the UN Ombudsperson for the ISIL (Da’esh) and Al-Qaida Sanctions Committee) not the 13 other sanctions regimes.
  – One disadvantage of Magnitsky legislation is that it could be applied selectively and could lead to more litigation.
* * * * * * * * * * * * * * * * * * * *

(Source:
Volkov Law Group Blog, 28 Sep 2018. Reprinted by permission.)
 
* Author: Michael Volkov, Esq., Volkov Law Group,
mvolkov@volkovlaw.com, 240-505-1992.
 
Traditionally, businesses were able to prepare for changes in laws and regulations in advance by monitoring legislative and regulatory actions in Washington, D.C. and relevant state capitols. Agencies would initiate rulemakings and give notice to interested parties of new or changed rules. Congress would consider legislation and it would be subject to some kind of “regular order” or process.   In the “good old days,” businesses had time to plan and anticipate potential changes. All of that has changed now. Government policy is a rapidly moving target and can even occur instantaneously – by tweet or other new communications message.
 
I recognize that this is a bit of an exaggeration, but my point is to emphasize that organizations have to remain nimble and responsive to a business landscape that can change overnight. Trade tariffs, sanction lists, cyber threats, employment and immigration policies; these are just the most recent examples of laws, regulations and attitudes that can change rapidly.
 
To remain compliant, companies have to maintain a regulatory compliance program that is tailored to today’s fast paced environment. That means a process that can quickly assess new risks, revise the company’s risk profile and then tailor compliance policies and procedures to meet these changing risks. It is no longer acceptable for corporate compliance programs to be so rigid and formal that updates take months or years to be implemented.
 
Given the speed at which regulatory bodies are now releasing information on enforcement decisions, and settlement actions and so on, the tedious plea that “the Board is working on it” is no longer acceptable.
 
A good compliance program must allow the compliance team to address changes to government policies and initiatives quickly and provide staff with enough information and guidance so they can make informed decisions.
 
The Credit Suisse FCPA settlement is a prime example of an enforcement initiative by the government – while many of us are aware that hiring relatives of our customers and clients can be a minefield, until BNY Mellon, JP Morgan, Qualcomm and Credit Suisse were penalized, many companies had not thought about formalizing a policy on this issue. It was left to management discretion, or rather, the abuse of discretion.
 
Many of our firm’s clients have already taken advice on the implications of hiring employees from this type of employee pool and are rolling out policies as we speak. The most important piece of advice to heed in this day and age of “policy by tweet” is do not delay. So, too, in the hotly debated areas of trade regulations, tariffs and sanctions. In these areas where the government has mandated a position, it pays to consult counsel and act swiftly.
 
Given the speed at which government policies are changing in today’s business environment, having an effective, flexible and responsive compliance policy is more vital than ever. The consequences of delaying an important update to your policy because of overly-rigid processes can be high and can detrimentally affect the bottom line.
* * * * * * * * * * * * * * * * * * * *

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a3
15. 
List of Approaching Events: 12 New Events Posted This Week
(Sources: Editor and Event Sponsors)

Published every Friday or last publication day of the week, o
ur overview of Approaching Events is organized to list c
ontinuously available training, training events, s
eminars & conferences, and 
webinars. 
 
Please, submit your event announcement to 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

 
 


* 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: Arlington, VG; “
2018 Information Technology & Export Controls
“; Society for International Affairs (SIAED);

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

* Nov 14: Manchester, UK; “Intermediate Seminar“; UK Department for International Trade

#
Nov 14-15: Newark, NJ; “
Complying with U.S. Export Controls
“; Commerce/BIS and The New Jersey District Export Council 

* 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: Brussels, Belgium; “
Academic Export Control Outreach Event
“;

Flanders Department of Foreign Affairs;

* 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 6: San Pedro, CA; “
2018 FTA Holiday Celebration
“; Foreign Trade Association (FTA)

* 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 6-7: Scottsdale, AZ;

Complying with U.S. Export Controls
“; Commerce/BIS

* Feb 12-13: Washington, D.C.; “
2019 Legislative Summit
“; National Association of Foreign Trade Zones (NAFTZ) 
* Feb 18-21: Orlando, FL; “
ITAR Defense Trade Controls / EAR Export Controls Seminar
“; ECTI

#
Mar 6-7: San Diego, CA;

Complying with U.S. Export Controls
“; Commerce/BIS
#
Mar 12-14: Dallas, TX;

Complying with U.S. Export Controls
“; Commerce/BIS
#
Mar 12-14: Dallas, TX;

How to Build an Export Compliance Program
“; Commerce/BIS

* Mar 18-21: Las Vegas, NV; “
ITAR Defense Trade Controls / EAR Export Controls Seminar
“; ECTI

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

* Apr 1-4: Washington, DC;ITAR Defense Trade Controls / EAR Export Controls Seminar“; ECTI

#
Apr 3-4: Denver, CO;

Complying with U.S. Export Controls
“; Commerce/BIS
#
Apr 23-24: Portsmouth, NH;

Complying with U.S. Export Controls
“; Commerce/BIS
#
Apr 25: Portsmouth, NH;

Technology Controls
“; Commerce/BIS

* May 5-7: Savannah, GA; “2019 Spring Seminar“; National Association of Foreign Trade Zones (NAFTZ)

#
Aug 20-21: Cincinnati, OH;

Complying with U.S. Export Controls
“; Commerce/BIS

* Sep 8-11: Chicago, IL; “2019 Annual Conference and Exposition“; National Association of Foreign Trade Zones (NAFTZ)
 
Webinars 


 
 

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

#
Oct 4: Webinar; “
Client Representative Division Follow-up Webinar – Next Steps for Restructuring
“;

Access Code: 612 4214; U.S. Customs Border Protection 

* Oct 10: Webinar; “
Advanced Classification, Part 2
;” Sandler, Travis & Rosenberg, P.A. 

#
Oct 11: Webinar; “
FTAs – an EU perspective
“; Amber Road

* 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_a116
. Bartlett’s Unfamiliar Quotations

(Source: Editor)
* Georges Clemenceau (Georges Benjamin Clemenceau; 28 Sep 1841 – 24 Nov 1929; was a French politician, physician, and journalist who was Prime Minister of France during the First World War.)
  – “All that I know I learned after I was thirty.” 
  – “America is the only nation in history which miraculously has gone directly from barbarism to degeneration without the usual interval of civilization.”
 
* Miguel de Cervantes (Miguel de Cervantes Saavedra; 29 September 1547 (assumed) – 23 April 1616; was a Spanish writer who is widely regarded as the greatest writer in the Spanish language and one of the world’s pre-eminent novelists. His novel Don Quixote has been translated into more languages than any other book except the Bible.
  – “To be prepared is half the victory.” 
  – “Never stand begging for that which you have the power to earn.”
 
Norman O. Brown (1913 – 2002; was an American scholar, writer, and social philosopher.)
  – “The view only changes for the lead dog.”
 
Friday funnies:
  
* “The secret to creativity is knowing how to hide your sources.”
   — Albert Einstein (1879 – 1955)
 
* It was once said that the Hallowells of Boston were such an important family that children of Boston thought the words of the Lord’s Prayer were, “Our Father who art in heaven, Hallowell be thy name.”

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

EN_a217. 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: 19 Sep 2018: 
83 FR 47283-47284
: Extension of Import Restrictions Imposed on Archaeological Material From Cambodia 
 
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: 26 Sep 2018: 83 FR 48532-48537: Addition of Certain Entities to the Entity List, Revision of an Entry on the Entity List and Removal of an Entity 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:
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_a318
. 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 6,000 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.

* BACK ISSUES: An archive of Daily Bugle publications from 2005 to present is available HERE.

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