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18-1109 Friday “Daily Bugle”

18-1109 Friday “Daily Bugle”

Friday, 9 November 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
.

  1. DHS/CBP Seeks Comments on Transfer of Cargo to a Container Station
  2. President Continues National Emergency with Respect to Iran
  3. President Continues National Emergency with Respect to the Proliferation of Weapons of Mass Destruction
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.)
  3. DHS/CBP Announces ACE Production Scheduled Maintenance, 10-11 Nov
  4. State/DDTC Announces IT Modernization Webinar on 4 Dec
  1. Defense News: “Here’s How the Trump Administration Plans to Increase American Weapon Sales Abroad”
  2. ST&R Trade Report: “Dates and Deadlines: NAFTA, Duty Reductions, Apparel, Importer Errors, Classification”
  3. The Washington Free Beacon: “Iranian National Convicted in Conspiracy to Smuggle Nuclear Tech to Tehran”
  1. G.R. Tuttle III: “Imports Excluded from Section 232 Duties – Here’s How to File”
  2. M. Volkov: “The Tangible Benefits of a Positive Ethical Culture”
  1. FCC Presents “Designing an Internal Compliance Program for Export Controls & Sanctions”, 5 Feb 2019 in Bruchem, the Netherlands
  2. List of Approaching Events: 11 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 (2 Nov 2018), FACR/OFAC (5 Nov 2018), FTR (24 Apr 2018), HTSUS (1 Nov 2018), ITAR (4 Oct 2018) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

(Source:
Federal Register, 9 Nov 2018.) [Excerpts.]
 
83 FR 56089: Agency Information Collection Activities: Transfer of Cargo to a Container Station
* AGENCY: U.S. Customs and Border Protection (CBP), Department of Homeland Security.
* ACTION: 30-Day notice and request for comments; Extension of an existing collection of information. …
* ADDRESSES: Interested persons are invited to submit written comments on this proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to dhsdeskofficer@omb.eop.gov.
* FOR FURTHER INFORMATION CONTACT: Requests for additional PRA information should be directed to Seth Renkema, Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, 90 K Street NE, 10th Floor, Washington, DC 20229-1177, Telephone number (202) 325-0056 or via email CBP_PRA@cbp.dhs.gov. Please note that the contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs should contact the CBP National Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP website.
* SUPPLEMENTARY INFORMATION: …
  – Title: Transfer of Cargo to a Container Station.
  – OMB Number: 1651-0096.
  – Abstract: Before the filing of an entry of merchandise for the purpose of breaking bulk and redelivering cargo, containerized cargo may be moved from the place of unlading to a designated container station or may be received directly at the container station from a bonded carrier after transportation in-bond in accordance with 19 CFR 19.41. This also applies to loose cargo as part of containerized cargo. In accordance with 19 CFR 19.42, the container station operator may make a request for the transfer of a container to the station by submitting to CBP an abstract of the manifest for the transferred containers including the bill of lading number, marks, numbers, description of the contents and consignee.
 
  Dated: November 6, 2018.
Seth D. Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.

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

EXIM_2

 
83 FR 56251: Continuation of the National Emergency With Respect to Iran
 
On November 14, 1979, in Executive Order 12170, the President declared a national emergency with respect to Iran pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) and took related steps to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the situation in Iran.
 
Our relations with Iran have not yet normalized, and the process of implementing the agreements with Iran, dated January 19, 1981, is ongoing. For this reason, the national emergency declared on November 14, 1979, and the measures adopted on that date to deal with that emergency, must continue in effect beyond November 14, 2018. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to Iran declared in Executive Order 12170.
 
The emergency declared in Executive Order 12170 is distinct from the emergency declared in Executive Order 12957 on March 15, 1995. This renewal, therefore, is distinct from the emergency renewal of March 12, 2018.
 
(Presidential Sig.)
THE WHITE HOUSE,
November 8, 2018.

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

EXIM_a3

3. President Continues National Emergency with Respect to the Proliferation of Weapons of Mass Destruction

(Source: Federal Register, 9 Nov 2018.)
 
83 FR 56253: Continuation of the National Emergency With Respect to the Proliferation of Weapons of Mass Destruction
 
On November 14, 1994, by Executive Order 12938, the President declared a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the proliferation of nuclear, biological, and chemical weapons (weapons of mass destruction) and the means of delivering such weapons. On July 28, 1998, by Executive Order 13094, the President amended Executive Order 12938 to respond more effectively to the worldwide threat of proliferation activities related to weapons of mass destruction. On June 28, 2005, by Executive Order 13382, the President, among other things, further amended Executive Order 12938 to improve our ability to combat proliferation activities related to weapons of mass destruction. The proliferation of weapons of mass destruction and the means of delivering them continues to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. For this reason, the national emergency declared in Executive Order 12938 with respect to the proliferation of weapons of mass destruction and the means of delivering such weapons must continue beyond November 14, 2018. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 12938, as amended by Executive Orders 13094 and 13382.
 
(Presidential Sig.)
THE WHITE HOUSE,
November 8, 2018.

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

OGSOTHER GOVERNMENT SOURCES

OGS_a14
. Items Scheduled for Publication in Future Federal Register Editions
 

(Source:
Federal Register)
 
[No items of interest noted today.]  

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

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

OGS_a03
6. DHS/CBP Announces ACE Production Scheduled Maintenance, 10-11 Nov

(Source: CSMS #18-000666, 9 Nov 2018.)
 
There will be ACE PRODUCTION Scheduled Maintenance Saturday evening, November 10, 2018 from 2200 ET to 0400 ET Sunday, November 11, 2018 for ACE Infrastructure maintenance and the following ACE Deployments:
 
ACE FTZ*   
  – Reject FTZ admission transaction with a Bill Not Found error if a bill number is not supplied when required by the specification.
 
ACE Entry Summary Query
 
  – Entry Summary (ES) Query JE records (the JE record consists of ES estimated amount fields) were not being included in Block Control Y record’s Output Image/Record Count.
 
ACE Import Truck Manifest
 
  – Fixed an issue with X.12 353 Truck In-bond arrival and export transactions rejecting with a ‘BL Not On File or Deleted’ error whenever the SCAC for the Trip and the Shipment Control Number (SCN) were different.
 

* This item’s addition was announced in
CSMS #18-000667.

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

OGS_a04
7. State/DDTC Announces IT Modernization Webinar on 4 Dec
(Source: State/DDTC, 9 Nov 2018.)
 
DDTC CIO, Karen Wrege, will present IT Modernization updates on the new online Registration and Licensing applications at an upcoming webinar hosted by the U.S. Census Bureau. No pre-registration is needed to join. Save the date so you don’t miss key updates on how DDTC is modernizing core business processes!
 
Event Information
 
  – Date: Tuesday, December 4th
  – Time: 2:00-3:00pm EST
* * * * * * * * * * * * * * * * * * * *

NWSNEWS

(Source:
Defense News, 8 Nov 2018.)
 
As part of a broader push from the Trump administration to sell more weapons abroad, the U.S. State Department is planning to increase the size of its staff who handles arms transfers, roll out new changes to its International Traffic in Arms Regulations, or ITAR, restricted list and create new methods of financing foreign arms procurement, among other changes.
 
In July, the State Department announced it was
implementing the new Conventional Arms Transfer policy, or CAT, per direction from the Trump administration. The announcement was criticized by some in industry as not having much in the way of detail attached.
 
On Thursday, the department released a fact sheet about the CAT implementation plan, with a State Department official, talking on background ahead of the public release, acknowledging to Defense News the federal agency needed to share more information with the public.
 
  “We wanted to release a public version of the CAT [implementation plan] to show to industry, show to the public all the work we’ve been doing,” the official said. “We’ve been a little hampered in showing our work and we want this to ultimately be an iterative process with industry, so we can show our work and get additional feedback.”
 
The short fact sheet lays out three, overarching lines of effort: prioritize strategic and economic competition, organize for success and create conducive environments. Under each of those headings are a number of smaller action items. The official said there has been significant work done in each of those areas.
When asked to point to a few key changes coming in the near term, the official highlighted three aspects.
 
First, the department plans to push for updates to the ITAR restricted list, while continuing to move items from the ITAR and U.S. munitions list into the realm of the Commerce Department, allowing quicker sales through the Direct Commercial Sales process. Several of those changes will be released for public comment “soon,” the official said.
 
The department is also in the process of staffing up the number of people it has working foreign weapon sales issues, in an attempt to address a regular complaint from industry that the department’s Bureau of Political-Military Affairs needs more bodies to throw at the issue. The official said that about five months ago, new jobs began to be added to the bureau, with the goal of having around two dozen new positions in place in the near future.
 
Meanwhile, the bureau is looking at “creative”
financing options for foreign weapon sales, the official said. Proponents of the new CAT policy have argued that other governments – both competitors and allies – support their defense-industrial bases more directly than America traditionally has, whether through top leadership directly advocating for sales or economic policies that give homegrown weapons a boost abroad.
 
The official said it was “too early to say” if new funding streams to support weapon sales would be in the department’s FY20 budget request.
 
More broadly, the department is looking at “specific capabilities and specific sets of countries” that it wants to prioritize based on the National Security Strategy, the official noted. In doing so, the State Department and the Pentagon can identify which countries may need extra focus to be able to speed systems along, with the goal being to make sure key allies get the capabilities they need as opposed to a first-come, first-serve mentality.
 
Eric Fanning, president and CEO of the Aerospace Industries Association, said the details released Thursday “include significant and important steps toward bringing more transparency, efficiency and predictability to the defense trade system,” adding that “U.S. industry looks forward to continuing to work in partnership with the government on a modern defense trade system that supports America and our partners and allies as we face the threats of the 21st century.”

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

 
Following are highlights of regulatory effective dates and deadlines, federal agency meetings, and other trade-related events coming up in the next week.
 
  – 13 Nov: deadline for comments on request for
new foreign-trade zone in Texas
  – 14 Nov: meeting of BIS Transportation and Related Equipment Technical Advisory Committee
  – 15 Nov: deadline for comments on
FDA guidance on export certificate denial
  – 15 Nov: ITC hearing on economic impact of
U.S.-Mexico-Canada trade agreement
  – 15 Nov: deadline for comments to EPA on proposal to require advance notice of
imports of 13 chemical substances
  – 15 Nov: deadline for comments to USTR on WTO dispute over
safeguard on clothes washers
  – 16 Nov: deadline for comments to CITA on
KORUS short supply request
  – 16 Nov: effective date of EPA final rule requiring advance notification of
imports of 28 chemical substances
  – 16 Nov: deadline for comments to CBP on
proposed ruling revocations or modifications

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

(Source:
The Washington Free Beacon, 8 Nov 2018.) [Excerpts.]
 
An Iranian citizen pleaded guilty on Wednesday to federal charges he sought to smuggle nuclear technology to Tehran as part of a larger conspiracy to illicitly aid the Islamic Republic’s contested nuclear program, according to the Department of Justice.
 
Arash Sepehri, a 38-year-old Iranian citizen, offered a guilty plea yesterday in a U.S. district count for “his role in a conspiracy to cause the export of controlled goods and technology to Iran, in violation of U.S. Department of Commerce and military controls, as well as in contravention of sanctions imposed against Iran,” according to information provided by the Trump administration, which has sought to reimpose a range of nuclear and non-nuclear sanctions on Iran. …
 
As an employee and board member of Tajhiz Sanat Company, or TSS, an Iranian company, Sepehri helped organize an international scheme to ship sanctioned good to Iran via the United Arab Emirates and Hong Kong.
 
  “Sepehri and his co-conspirators sought to evade legal controls through a variety of means, including the use of a variety of aliases, United Arab Emirates (UAE)-based front companies, and an intermediary shipping company based in Hong Kong. Payments for the goods were arranged through the UAE,” according to court documents.
 
Additionally, “TSS and other companies involved in the conspiracy were listed by the European Union on May 23, 2011, as entities being sanctioned for their involvement in the procurement of components for the Iranian nuclear program,” according to the DOJ. “Through TSS and associated companies, Sepehri and others conspired to obtain high-resolution sonar equipment, data input boards, rugged laptops, acoustic transducers and other controlled technology from the United States without obtaining proper licenses and in violation of economic sanctions.” …

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

COMMCOMMENTARY

(Source: Tuttle Law Newsletter, 8 Nov 2018.)
 

 
CBP published a memo (CSMS# 18-00663) outlining how importers of steel and aluminum articles that have been granted an exclusion from the Section 232 duties should file these imports.
 
Importers must first request an exclusion from the Section 232 duties for their steel or aluminum articles from the Department of Commerce (Commerce). In the March 19 and September 11, 2018 issues of theFederal Register, Commerce published the process importers should follow to request exclusions from the Section 232 duties on certain aluminum and steel articles. (See our April 11, 2018 newsletter for further information on requesting an exclusion.)
 
First Step After Receiving the Approved Product Exclusion
 
Once the importer receives the approved product exclusion from Commerce, an email must be sent to CBP at Traderemedy@cbp.dhs.gov listing:
 
  – The company name for the importer of record listed in the approved exclusion,
  – The company address for the importer of record listed in the approved exclusion,
  – The importer of record number for the importer of the record listed in the approved exclusion, and
  – The associated product exclusion number.
 
For approved quota exclusions, include HQQuota@cpb.dhs.gov as a cc on the above email. Do not submit this email until Commerce has approved the product exclusion.
 
CBP needs the information from the email to activate the approved product exclusion number in ACE so that entries can be filed with this product exclusion number. The information must be provided to CBP before a filer submits entries with that exclusion number to CBP. Similarly, for quota exclusions, CBP must activate the product exclusion number in ACE before any quota exemption can be processed and the goods subject to quota exemption can be released.
 
CBP activates approved product exclusion numbers in ACE on a weekly basis. In most circumstances, CBP will activate by close of business Thursday any product exclusion numbers where the informational email described above has been submitted to Traderemedy@cpb.dhs.gov by end of business Monday of that week.
 
How to Submit Entries Using Product Exclusion Numbers
 
Importers and filers importing products granted an exclusion should submit the product exclusion number based on the last six digits of the product exclusion docket number at Regulations.gov. The product exclusion number should be reported in the Importer Additional Declaration Field (54 record) of the entry summary data using the following format:
 
  – For excluded steel mill articles: STLXXXXXX
  – For excluded aluminum articles: ALUXXXXXX
 
XXXXXX represent the last six digits of the Regulations.gov docket number. Do not include spaces or special characters, such as hyphens, in the six digits. Below is an example:
 
If a steel exclusion is granted under product exclusion docket number BIS-2018-0009-9002, the importer/filer should submit the exclusion number STL099002 (i.e. STL plus the last six digits of the docket number).
 
Do not submit the corresponding Chapter 99 HTS number for the Section 232 duties when the product exclusion number is submitted.
 
Further information can be found under the Importer’s Additional Declaration Detail (Input 54-Record) of the CBP and Trade Automated Interfaces Requirements (CATAIR) Manual.
 
Only products from the importer(s) designated in the product exclusion approved by Commerce are eligible for the exclusion from the Section 232 measures.
 
Mill certificates must still be submitted as required by 19 CFR 141.89 for steel articles.
 
Additional Information
 
Duty exclusions granted by Commerce are retroactive on imports to the date the request for exclusion was accepted (date received) by Commerce. See Presidential Proclamations 9776 and 9777, August 29, 2018.
 
Refunds for previous imports of duty-excluded products granted by Commerce may be obtained by filing a PSC and providing the product exclusion number in the Importer Additional Declaration Field. If the entry has already liquidated, importers may protest the liquidation.
 
Once products are excluded from the Section 232 measures, importers may claim Generalized System of Preferences (GSP) or African Growth and Opportunity Act (AGOA) duty preferences on GSP and AGOA-eligible goods. Duty refunds for previously entered goods subject to Section 232 exclusion and GSP or AGOA eligible can be obtained via the PSC or protest process (depending on the entry’s liquidation status).
 
Information on submitting a PSC can be found in Section 11 of the ACE Entry Summary Business Rules and Process Document.
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(Source:
Volkov Law Group Blog, 8 Nov 2018. Reprinted by permission.)
 
* Author: Michael Volkov, Esq., Volkov Law Group, mvolkov@volkovlaw.com, 240-505-1992.
 
We all enjoy citing Supreme Court Justice Potter Stewart’s famous description relating to obscene materials, “I know it when I see it.”
 
To apply this maxim in the corporate compliance field does not take much imagination. Let’s start with the most important corporate control for any organization – its culture?
 
How do we define a positive culture of ethics and compliance? We can throw out a number of general terms filled with phrases and buzzwords, but in the end the best way to define it is to see it and “feel” it. What do I mean by that?
 
If you work at a company with a positive ethical culture, you will readily agree with my point. You already know what a positive ethical culture looks like, what it is like to work at such a company, and the importance of such a culture. Once you experience it, you can never go back to working at a company that lacks a positive culture.
 
In my work with corporate clients, I have had the benefit of seeing and experiencing a positive corporate culture of ethics and compliance. In many cases, I leave the company after an engagement with a feeling of pride and honor to have been a participant, albeit for a brief period of time, in such a culture.
 
As I try to explain to others, a positive ethical culture is tangible, you can feel it, you can touch it and you can experience it in every interaction with corporate leaders, managers and employees. I am not losing my mind here, or falling into a delusional state. A positive ethical culture is a beautiful thing and should be at the top of everyone’s list in terms of priorities.
 
I have spent much of my career advocating for organizations to dedicate time and resources to preserving and promoting their respective culture of compliance and ethics. I have cited economic arguments – ethical companies over the long run are more profitable and likely to achieve sustainable growth. This argument is simple and follows from intuition – employees at ethical companies are more satisfied, turnover rates are low, productivity increases, and misconduct declines significantly. All of these factors, when combined, improve a company’s performance. Hopefully, everyone understands this relatively straightforward chain to thinking.
 
Of course, there needs to be more research and intellectual rigor around these ideas but it appears fairly obvious to me. Compliance officers have to integrate this important idea into their work – they have to prioritize the company’s culture and avoid getting lost in the minutiae of controls and “small” issues. It is easy to lose focus and harder to know how to balance between important objectives that advance the ethics and culture of a company, and its compliance controls.
 
I fully acknowledge that a company’s culture and compliance with its controls are mutually reinforcing. However, one area should not be ignored in balancing the two important functions of ethics and compliance programs. I have seen examples of out-of-balance focus – a CCO who is lost in the design and enforcement of compliance controls, and a CCO who is out of kilter the other way, spending all of his or her time advancing the company’s culture, putting together communications strategies and awards programs, to the detriment of the company’s policies and procedures.
 
It is a delicate balance but one that requires CCOs to devote adequate time and resources to advancing the company’s culture. Such a priority may not be as “tangible” or rewarding as overall compliance with policies and procedures, but it is worth it in the end – there is nothing like working at a company with a positive ethical culture – CCOs know when they have it and they know when they do not.
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TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a2
13. 
FCC Presents “Designing an Internal Compliance Program for Export Controls & Sanctions”, 5 Feb 2019 in Bruchem, the Netherlands
(Source: Full Circle Compliance, events@fullcirclecompliance.eu.)
 
The next Full Circle Compliance (FCC) academy course is specifically designed for beginning compliance professionals who aim to enhance their organization’s compliance efforts.  The course will cover multiple topics and tackle various questions, including but not limited to:
 
  – Setting the Scene: ensuring compliance in the export control and sanctions arena
  – What is expected from your organization? A closer look at the frameworks and guidelines from U.S. and European government agencies (incl. State/DDTC, Commerce/BIS, Treasury/OFAC, European Union, The Netherlands, and Germany) 
  – Key elements of an Internal Compliance Program
  – Strategic benefits of an Internal Compliance Program
  – Best practice tips for enhancing your 
compliance activities
  – Compliance Toolkit: internal controls samples (policies, procedures, instructions, checklists)
 
* What: Designing an Internal Compliance Program for Export Controls & Sanctions 
* When: Tuesday, 5 Feb 2019, 9.00 AM – 4.30 PM 
* Where: Landgoed Groenhoven, Bruchem, the Netherlands
* Sponsor: Full Circle Compliance (FCC)

* Instructors: Drs. Ghislaine C.Y. Gillessen RA, Marco F.N. Crombach MSc
 

* Information & Registration: via the event page, via
events@fullcirclecompliance.eu or call +31 (0)23 – 844 – 9046.
 

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

TE_a314. 
List of Approaching Events: 11 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

 
 


* 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: Washington D.C.; “
Emerging Technology Meets National Security
“; National Venture Capital Association

* 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 20: Singapore; “
The WorldECR Export controls And Sanctions Forum 2018
“; WorldECR

Nov 20: Varese, Italy; “
Dual Use: aggiornamenti 2018
“; Camera di Comercio di Varese;

* 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 22: Hong Kong; “
The WorldECR Export controls And Sanctions Forum 2018
“; WorldECR

* Nov 27: Houston, TX; “Duty Drawback Specialist – Certification“; Global Trade Academy

* Nov 28-30: Brussels, Belgium; “

Brussels Diplomatic Academy

* 
Nov 27 – 30: Washington, D.C.; “
35th International Conference on the Foreign Corrupt Practices Act
“; American Conference Institute
* 
Nov 29: Washington, D.C.; “
Other Transaction Authority Agreements: An Introduction
“; Public Contracting Institute

* 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 6: Washington D.C.; “
Other Transaction Authority Agreements: Key Terms and Compliance Obligations
“; Public Contracting Institute
* 
Dec 7: Boston, MA: “
Export Expo
“; 
Massachusetts Export Center

*
Dec 11: York, PA; 
International Traffic in Arms Regulations Seminar
; World Trade Center Harrisburg

* Dec 13: Brussels, Belgium; “
2018 Export Control Forum
“; European Commission

* 
Dec 13: Washington, D.C.; “
Other Transaction Authority Agreements: Accelerators, Consortia, and Recent Developments
“; Public Contracting Institute

* Dec 14: Philadelphia, PA; “Incoterms 2010: Terms of Sale Seminar“; International Business Training
 
 
2019
 

* Jan 6-7: Long Beach, CA; ”
Fundamentals of FTZ Seminar“; NAFTZ 

Jan 21-24: San Diego, CA; “ITAR Defense Trade Controls / EAR Export Controls Seminar”; ECTI; 540-433-3977

Jan 29: Rotterdam, The Netherlands; “
Awareness training Export Control, Dual-use en Sancties
“; FENEX

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

* 
Feb 5; Bruchem, the Netherlands; “Designing an Internal Compliance Program for Export Controls & Sanctions“; Full Circle Compliance 

* 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 5-7:  Orlando, FL; “
‘Partnering for Compliance’ Export/Import Control Training and Education Program
“; Partnering for Compliance

* Mar 6-7: San Diego, CA;

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

#
 Mar 9: Orlando, FL; “
Customs/Import Boot Camp
;” Partnering for Compliance

* 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

#
Apr 30-May 1: Nashville, TN: “Seminar Level III-Mastering ITAR/EAR Challenges“; Export Compliance Solutions (ECS);

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

#
Jul 10-11: Seattle, WA: “Seminar Level I-Boot Camp: Achieving ITAR/EAR Compliance“; Export Compliance Solutions (ECS);

* 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 


 
  
 
 


Nov 13: Webinar; “A Deep Dive into AES“; ECTI;

#
Nov 13: Webinar; “
The New NAFTA: Textile & Apparel Goods in the USMCA”
; Sandler, Travis & Rosenberg, P.A.; 
 

* Nov 14: Webinar; “
An Export Commodity Classification Number – ECCN
“; Foreign Trade Association

#
Nov 14: Webinar; “
Reducing and Eliminating 232, 301, and Other Duties Through Tariff Engineering
“;
Sandler, Travis & Rosenberg, P.A.
#
Nov 16: Webinar; ”
Top 10 Mistakes Importers Make (and How to Avoid Them
)“;
Sandler, Travis & Rosenberg, P.A
.;
#
Nov 17: Webinar; “
Advanced Classification, Part 2
“;
Sandler, Travis & Rosenberg, P.A
.;
#
Nov 29: Webinar; “
Conflicts between EU and Export Control Rules
“; ECTI;

* 
Nov 29: Webinar; “
Other Transaction Authority Agreements: An Introduction
“; Public Contracting Institute

#
Nov 29: Webinar;
“Trade Wars: Episode IX [Monthly Update]”
; Sandler, Travis & Rosenberg, P.A
.;

* 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 6: Webinar; “
Other Transaction Authority Agreements: Key Terms and Compliance Obligations
“; Public Contracting Institute
* Dec 11: Webinar; “
Incoterms 2010: Terms of Sale
“; International Business Training 

* 
Dec 13: Webinar; “
Other Transaction Authority Agreements: Accelerators, Consortia, and Recent Developments
“; Public Contracting Institute

* Dec 20: Webinar; “International Logistics

“; International Business Training  

 
 

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

ENEDITOR’S NOTES

EN_a115
. Bartlett’s Unfamiliar Quotations

(Source: Editor)
* Hedy Lamarr (born Hedwig Eva Maria Kiesler; 9 Nov 1914 – 19 Jan 2000; was an Austrian-born American film actress and inventor. MGM promoted her in 1938 as the “world’s most beautiful woman”. Among Lamarr’s best known films are Algiers (1938), Boom Town (1940), I Take This Woman (1940), Comrade X (1940), Come Live With Me (1941), H.M. Pulham, Esq. (1941), and Samson and Delilah (1949). At the beginning of World War II, she and another inventor developed a radio guidance system for Allied torpedoes that used spread spectrum and frequency hopping technology to defeat the threat of jamming by the Axis powers. The principles of their work are incorporated into Bluetooth technology. This work led to their induction into the National Inventors Hall of Fame in 2014.)
* “I advise everybody not to save: spend your money. Most people save all their lives and leave it to somebody else. Money is to be enjoyed.”
 
Friday funnies: 
* Why are frogs always so happy? They eat whatever bugs them.
* I couldn’t figure out why the baseball appeared to keep getting larger.  Then i hit me.
* Two bats are hanging upside down in an attic. One asks the other, “Do you recall your worst day of your life?” The other responds, “Yes, the day I had diarrhea!”

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

EN_a216. 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: 2 Nov 2018: 
83 FR 55099: Wassenaar Arrangement 2017 Plenary Agreements Implementation [Correction to 24 Oct EAR Amendment Concerning Supplement No. 1 to Part 774, Category 3.]

 

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

  – Last Amendment: 5 Nov 2018: 83 FR 55269-55271: Iranian Transactions and 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: 1 Nov 2018: 
Harmonized System Update 1809
,
containing 1,200 ABI records and 245 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: 
4 Oct 2018: 
83 FR 50003-50007
: Regulatory Reform Revisions to the International Traffic in Arms Regulations
  – The only available fully updated copy (latest edition: 4 Oct 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_a317
. 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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