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18-1226 Wednesday “Daily Bugle'”

18-1226 Wednesday “Daily Bugle”

Wednesday, 26 December 2018

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The Daily Bugle is a free daily newsletter from Full Circle Compliance, containing changes to export/import regulations (ATF, DOE/NRC, Customs, NISPOM, EAR, FACR/OFAC, FAR/DFARS, FTR/AES, HTSUS, and ITAR), plus news and events.  Subscribe 
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[The Daily Bugle was not released yesterday, Tuesday, 25 December 2018, a U.S. Federal Holiday.]

  1. DHS/CBP Seeks Comments on Form 7523, Entry and Manifest of Merchandise Free of Duty, Carrier’s Certificate and Release 
  2. Justice/ATF Amends Regulations to Define Bump-Stock-Type Devices as Machineguns  
  3. State/DDTC Seeks Comments on Form DS-6004, Request to Change End User, End Use and/or Destination of Hardware 
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. State/DDTC: (No new postings.)
  4. Japan METI Partially Amend the Export Trade Control Order, Removes Eritrea
  1. Expeditors News: “Mexico Updates the General Rules of Foreign Trade”
  1. FCC Presents Renewed U.S. Export Controls Awareness Course: “ITAR & EAR from a non-U.S. Perspective”, 9 April in Bruchem, the Netherlands
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: DHS/Customs (18 Dec 2018), DOJ/ATF (26 Dec 2018), DOD/NISPOM (18 May 2016), DOC/EAR (20 Dec 2018), DOE/AFAEC (23 Feb 2015), DOE/EINEM (20 Nov 2018), DOT/FACR/OFAC (15 Nov 2018), DOC/FTR (24 Apr 2018), HTSUS (19 Dec 2018), DOS/ITAR (4 Oct 2018) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1
1. DHS/CBP Seeks Comments on Form 7523, Entry and Manifest of Merchandise Free of Duty, Carrier’s Certificate and Release

(Source: Federal Register, 26 Dec 2018.) [Excerpts.]
 
83 FR 66292: Agency Information Collection Activities: Entry and Manifest of Merchandise Free of Duty, Carrier’s Certificate and Release
* 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. …
* DATES: Comments are encouraged and will be accepted (no later than January 25, 2019) to be assured of consideration.
* 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: Entry and Manifest of Merchandise Free of Duty, Carrier’s Certificate and Release.
  – OMB Number: 1651-0013.
  – Form Number: CBP Form 7523. …
  – Type of Review: Extension (without change). …
  – Abstract: CBP Form 7523, Entry and Manifest of Merchandise Free of Duty, Carrier’s Certificate and Release, is used by carriers and importers as a manifest for the entry of merchandise free of duty under certain conditions. CBP Form 7523 is also used by carriers to show that articles being imported are to be released to the importer or consignee, and as an inward foreign manifest for a vehicle or a vessel of less than 5 net tons arriving in the United States from Canada or Mexico with merchandise conditionally free of duty. CBP uses this form to authorize the entry of such merchandise. CBP Form 7523 is authorized by 19 U.S.C. 1433, 1484 and 1498. It is provided for by 19 CFR 123.4 and 19 CFR 143.23. This form is accessible here. …
 
   Dated: December 19, 2018.
Seth D. Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.
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EXIM_a2
2. Justice/ATF Amends Regulations to Define Bump-Stock-Type Devices as Machineguns

(Source: Federal Register, 26 Dec 2018.) [Excerpts.]
 
83 FR 66514-66554: Bump-Stock-Type Devices
* AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives; Department of Justice.
* ACTION: Final rule.
* SUMMARY: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to clarify that bump-stock-type devices–meaning “bump fire” stocks, slide-fire devices, and devices with certain similar characteristics–are “machineguns” as defined by the National Firearms Act of 1934 and the Gun Control Act of 1968 because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger. Specifically, these devices convert an otherwise semiautomatic firearm into a machinegun by functioning as a self-acting or self-regulating mechanism that harnesses the recoil energy of the semiautomatic firearm in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter. Hence, a semiautomatic firearm to which a bump-stock-type device is attached is able to produce automatic fire with a single pull of the trigger. With limited exceptions, the Gun Control Act, as amended, makes it unlawful for any person to transfer or possess a machinegun unless it was lawfully possessed prior to the effective date of the statute. The bump-stock-type devices covered by this final rule were not in existence prior to the effective date of the statute, and therefore will be prohibited when this rule becomes effective. Consequently, under the final rule, current possessors of these devices will be required to destroy the devices or abandon them at an ATF office prior to the effective date of the rule.
* DATES: This rule is effective March 26, 2019.
* FOR FURTHER INFORMATION CONTACT: Vivian Chu, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Ave. NE, Washington, DC 20226; telephone: (202) 648-7070.
* SUPPLEMENTARY INFORMATION:
I. Executive Summary
   A. Summary of the Regulatory Action
   B. Summary of Costs and Benefits
II. Background
   A. Regulatory Context
   B. Las Vegas Shooting
   C. Advance Notice of Proposed Rulemaking
III. Notice of Proposed Rulemaking
   A. Prior Interpretations of “Single Function of the Trigger” and “Automatically”
   B. Re-Evaluation of Bump-Stock-Type Devices
   C. Proposed Definition of “Single Function of the Trigger”
   D. Proposed Definition of “Automatically”
   E. Proposed Clarification That the Definition of “Machinegun” Includes Bump-Stock-Type Devices
   F. Amendment of 27 CFR 479.11
   G. Amendment of 27 CFR 478.11
   H. Amendment of 27 CFR 447.11
IV. Analysis of Comments and Department Responses for Proposed Rule
   A. Comments Generally Supporting the Rule
   B. Particular Reasons Raised in Support of the Rule
   C. Comments Generally Opposing the Rule
   D. Specific Issues Raised in Opposition to the Rule
   E. ATF Suggested Alternatives
   F. Other Alternatives
   G. Proposed Rule’s Statutory and Executive Order Review
   H. Affected Population
   I. Costs and Benefits
   J. Regulatory Flexibility Act
   K. Miscellaneous Comments
   L. Comments on the Rulemaking Process
V. Final Rule
VI. Statutory and Executive Order Review
   A. Executive Orders 12866, 13563, and 13771
   B. Executive Order 13132
   C. Executive Order 12988
   D. Regulatory Flexibility Act
   E. Small Business Regulatory Enforcement Fairness Act of 1996
   F. Congressional Review Act
   G. Unfunded Mandates Reform Act of 1995
   H. Paperwork Reduction Act of 1995
 
I. Executive Summary
 
A. Summary of the Regulatory Action
   The current regulations at Sec. Sec. 447.11, 478.11, and 479.11 of title 27, Code of Federal Regulations (CFR), contain definitions for the term “machinegun.” [FN/1] The definitions used in 27 CFR 478.11 and 479.11 match the statutory definition of “machinegun” in the National Firearms Act of 1934 (NFA), as amended, and the Gun Control Act of 1968 (GCA), as amended. Under the NFA, the term “machinegun” means “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.” 26 U.S.C. 5845(b). The term “machinegun” also includes “the frame or receiver of any such weapon” or any part or combination of parts designed and intended “for use in converting a weapon into a machinegun,” and “any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.” Id. This definition uses the key terms “single function of the trigger” and “automatically,” but these terms are not defined in the statutory text.
   The definition of “machinegun” in 27 CFR 447.11, promulgated pursuant to the portion of section 38 of the Arms Export Control Act (AECA) (22 U.S.C. 2778) delegated to the Attorney General by section 1(n)(ii) of Executive Order 13637 (78 FR 16129), is similar. Currently, the definition of “machinegun” in Sec. 447.11 provides that a “`machinegun’, `machine pistol’, `submachinegun’, or `automatic rifle’ is a firearm originally designed to fire, or capable of being fired fully automatically by a single pull of the trigger.”
   In 2006, ATF concluded that certain bump-stock-type devices qualified as machineguns under the NFA and GCA. Specifically, ATF concluded that a device attached to a semiautomatic firearm that uses an internal spring to harness the force of a firearm’s recoil so that the firearm shoots more than one shot with a single pull of the trigger is a machinegun. Between 2008 and 2017, however, ATF also issued classification decisions concluding that other bump-stock-type devices were not machineguns, primarily because the devices did not rely on internal springs or similar mechanical parts to channel recoil energy. Decisions issued during that time did not include extensive legal analysis relating to the definition of “machinegun.” ATF undertook a review of its past classifications and determined that those conclusions did not reflect the best interpretation of “machinegun” under the NFA and GCA.
   ATF decided to promulgate a rule that would bring clarity to the definition of “machinegun”–specifically with respect to the terms “automatically” and “single function of the trigger,” as those terms are used to define “machinegun.” As an initial step in the process of promulgating a rule, on December 26, 2017, the Department of Justice (Department) published in the Federal Register an advance notice of proposed rulemaking titled “Application of the Definition of Machinegun to `Bump Fire’ Stocks and Other Similar Devices.” 82 FR 60929. Subsequently, on March 29, 2018, the Department published in the Federal Register a notice of proposed rulemaking (NPRM) titled “Bump-Stock-Type Devices.” 83 FR 13442.
   The NPRM proposed to amend the regulations at 27 CFR 447.11, 478.11, and 479.11 to clarify that bump-stock-type devices are “machineguns” as defined by the NFA and GCA because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger. Specifically, these devices convert an otherwise semiautomatic firearm into a machinegun by functioning as a self-acting or self-regulating mechanism that harnesses the recoil energy of the semiautomatic firearm in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter. Hence, a semiautomatic firearm to which a bump-stock-type device is attached is able to produce automatic fire with a single pull of the trigger. 83 FR at 13447-48.
   The NPRM proposed regulatory definitions for the statutory terms “single function of the trigger” and “automatically,” and amendments of the regulatory definition of “machinegun” for purposes of clarity. Specifically, the NPRM proposed to amend the definitions of “machinegun” in Sec. Sec. 478.11 and 479.11, define the term “single function of the trigger” to mean “single pull of the trigger,” and define the term “automatically” to mean “as the result of a self-acting or self-regulating mechanism that allows the firing of multiple rounds through a single pull of the trigger.” 83 FR at 13447-48. The NPRM also proposed to clarify that the definition of “machinegun” includes a device that allows a semiautomatic firearm to shoot more than one shot with a single pull of the trigger by harnessing the recoil energy of the semiautomatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger by the shooter (commonly known as bump-stock-type devices). Id. at 13447. Finally, the NPRM proposed to harmonize the definition of “machinegun” in Sec. 447.11 with the definitions in 27 CFR parts 478 and 479, as those definitions would be amended. Id. at 13448.
   The goal of this final rule is to amend the relevant regulatory definitions as described above. The Department, however, has revised the definition of “single function of the trigger” to mean “single pull of the trigger” and analogous motions, taking into account that there are other methods of initiating an automatic firing sequence that do not require a pull. This final rule also informs current possessors of bump-stock-type devices of the proper methods of disposal, including destruction by the owner or abandonment to ATF. …
   Dated: December 18, 2018.
Matthew G. Whitaker, Acting Attorney General.
 
———–
   [FN/1] Regulations implementing the relevant statutes spell the term “machine gun” rather than “machinegun.” E.g., 27 CFR 478.11, 479.11. For convenience, this notice uses “machinegun” except when quoting a source to the contrary.
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EXIM_a3
3. State/DDTC Seeks Comments on Form DS-6004, Request to Change End-User, End-Use, and/or Destination of Hardware

(Source: Federal Register, 26 Dec 2018.) [Excerpts.]
 
83 FR 66334: 30-Day Notice of Proposed Information Collection: Request to Change End User, End Use, and/or Destination of Hardware
* ACTION: Notice of request for public comment and submission to OMB of proposed collection of information. …
* DATES: Submit comments directly to the Office of Management and Budget (OMB) up to January 25, 2019.
* ADDRESSES: Direct comments to the Department of State Desk Officer in the Office of Information and Regulatory Affairs at the Office of Management and Budget (OMB). You may submit comments by the following methods:
   – Email: oira_submission@omb.eop.gov. You must include the DS form number, information collection title, and the OMB control number in the subject line of your message.
   – Fax: 202-395-5806. Attention: Desk Officer for Department of State.
* FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents, to Andrea Battista, who may be reached on 202-663-3136 or at battistaal@state.gov.
* SUPPLEMENTARY INFORMATION:
  – Title of Information Collection: Request to Change End-User, End-Use and/or Destination of Hardware.
  – OMB Control Number: 1405-0173. …
  – Originating Office: Directorate of Defense Trade Controls (DDTC).
  – Form Number: DS-6004. …
  – Abstract: The Request to Change End-User, End-Use, and/or Destination of Hardware information collection is used to request DDTC approval before any sale, transfer, transshipment, or disposal, whether permanent or temporary, of classified or unclassified defense articles to any end-user, end-use or destination other than as stated on a license or other approval. …
 
  Anthony M. Dearth, Chief of Staff, Directorate of Defense Trade Controls, U.S. Department of State.
* * * * * * * * * * * * * * * * * * * * 

OGSOTHER GOVERNMENT SOURCES

OGS_a14. Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)

* Homeland; U.S. Customs and Border Protection; RULES; Privacy Act Implementation: 024 CBP Intelligence Records System (CIRS) System of Records  [Publication Date: 27 December 2018.]
 
* State; NOTICES; Determination by the Secretary of State Relating to Iran Sanctions [Publication Date: 27 December 2018.]
 
* Treasury; Foreign Assets Control Office; NOTICES; Blocking or Unblocking of Persons and Properties [Publication Date: 27 December 2018.]
* * * * * * * * * * * * * * * * * * * *

OGS_a2
5. 
Commerce/BIS: (No new postings.)

(Source: 
Commerce/BIS)

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(Source:
METI, 14 Dec 2018.)
 
On November 2018, the United Nations (UN) Security Council adopted the resolution 2444 to lift sanctions imposed on Eritrea.
In response to this resolution, the Cabinet approved the requested Cabinet Order for partial revision of the Export Trade Control Order to remove Eritrea from the list of areas subject to strict export control. METI hereby announces the revisions.
 
Outline of the revision
 
The Export Trade Control Order (Cabinet Order No. 378 of 1949; the “Order”) provides more strict export control on transactions to destination areas stipulated in Appended Table 3-2, which are areas subject to the sanction measures over the arms embargo under UN resolutions, than transactions to other areas (under Article 4, paragraph (1), item (iii) and item (iv) of the Order).
As the UN Security Council adopted the resolution 2444 to lift sanctions imposed on Eritrea, Japan revised the Order to remove Eritrea from Appended Table 3-2.
 
Future schedule
 
Promulgation and enforcement: Wednesday, December 19, 2018

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NWSNEWS

NWS_a08. Expeditors News: “Mexico Updates the General Rules of Foreign Trade”
(Source: Expeditors News, 21 Dec 2018.) [Excerpts.]
 
On November 30, 2018, the Mexican Secretariat of Finance and Public Credit (SHCP) published the Third Resolution of Modifications to the General Rules of Foreign Trade for 2018 in the Mexican Diario Oficial. Two of the key changes include:
 
  (1) Documentation supporting evidence of valuation, which is required as an attachment of the Value Manifest on imports into Mexico, was pushed back until April 1st, 2019;
  (2) Importers into Mexico through ocean ports will be able to clear their goods in an anticipated manner based on specific guidelines to be published by Mexican Customs Headquarters.
 
There are some exclusions to the rules:
 
  (1) Not applicable for hard identification goods that may require a lab analysis in order to determine its composition;
  (2) Cargo cannot be deconsolidated;
  (3) Compliance inspection cannot be performed by customs broker (PREVIO);
  (4) Goods cannot be transferred between different port facilities.
 
The enforcement date started on December 1, 2018.
 
Additional information may be found in Spanish
here. …

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TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a19FCC Presents Renewed U.S. Export Controls Awareness Course: “ITAR & EAR from a non-U.S. Perspective”, 9 April in Bruchem, the Netherlands

 
Our next academy course is specifically designed for beginning compliance professionals and those in a similar role who aim to stay up-to-date with the latest U.S. export control requirements that apply to non-U.S. transactions, and industry’s best practices.
 
The course will cover multiple topics relevant for organizations outside the U.S. that are subject to U.S. export controls, including: the U.S. regulatory framework, key concepts and definitions, tips regarding classification and licensing, essential steps to ensure a U.S. export control compliant shipment, how to handle a (potential) non-compliance issue, recent enforcement trends, and the latest and anticipated regulatory amendments.  Participants will receive a certification upon completion of the training.
 
* What: Awareness Course U.S. Export Controls: ITAR & EAR from a Non-U.S. Perspective 
* When: Tuesday, 9 Apr 2010, 9.30 am – 4.30 pm (CET)
* Where: Landgoed Groenhoven, Bruchem, the Netherlands
* Sponsor: Full Circle Compliance (FCC)
* Instructors: Michael E. Farrell, and Drs. Alexander P. Bosch 
* Information & Registration: HERE, email 
events@fullcirclecompliance.eu,
 or call us at +31 6 15 65 02 09.
 
Register now and get a 10% Early Bird discount 
on the course fee!

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ENEDITOR’S NOTES

Mao Zedong (26 Dec 1893 – 9 Sep 1976), also known as Chairman Mao, was a Chinese communist revolutionary who became the founding father of the People’s Republic of China, which he ruled as the Chairman of the Communist Party of China from its establishment in 1949 until his death in 1976.)
  – “Communism is not love. Communism is a hammer which we use to crush the enemy.”
  – “To read too many books is harmful.”
 
* Henry Miller (Henry Valentine Miller (26 Dec 1891 – 7 Jun 1980; was an American writer. His most characteristic works were Tropic of Cancer, Black Spring, Tropic of Capricorn and The Rosy Crucifixion trilogy, all of which were banned in the United States until 1961).
  – “One can be absolutely truthful and sincere even though admittedly the most outrageous liar. Fiction and invention are of the very fabric of life.”

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EN_a311
. Are Your Copies of Regulations Up to Date?
(Source: Editor)

 
* DHS CUSTOMS REGULATIONS: 19 CFR, Ch. 1, Pts. 0-199.  Implemented by Dep’t of Homeland Security, U.S. Customs & Border Protection.
  – Last Amendment: 18 Dec 2018: 83 FR 64942-65067: Modernized Drawback  
 
DOC EXPORT ADMINISTRATION REGULATIONS (EAR): 15 CFR Subtit. B, Ch. VII, Pts. 730-774. Implemented by Dep’t of Congress, Bureau of Industry & Security.
  – Last Amendment: 20 Dec 2018: 83 FR 65292-65294: Control of Military Electronic Equipment and Other Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML); Correction [Concerning ECCN 7A005 and ECCN 7A105.]
 
* DOC FOREIGN TRADE REGULATIONS (FTR): 15 CFR Part 30.  Implemented by Dep’t of Congress, U.S. Census Bureau.
  – 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 Apr 2018) of Bartlett’s Annotated FTR (“BAFTR”), by James E. Bartlett III, is available for downloading in Word format. The BAFTR contains all FTR amendments, FTR Letters and Notices, a large Index, and approximately 250 footnotes containing case annotations, practice tips, Census/AES guidance, and explanations of the numerous errors contained in the official text. Subscribers receive revised copies in Microsoft Word every time the FTR is amended. The BAFTR is available by annual subscription from the Full Circle Compliance 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.  
 
DOD NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL (NISPOM): DoD 5220.22-M. Implemented by Dep’t of Defense.
  – 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.)

DOE ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES: 10 CFR Part 810; Implemented by Dep’t of Energy, National Nuclear Security Administration, under the Atomic Energy Act of 1954.
  – Last Amendment: 23 Feb 2015: 80 FR 9359, comprehensive updating of regulations, updates the activities and technologies subject to specific authorization and DOE reporting requirements. This rule also identifies destinations with respect to which most assistance would be generally authorized and destinations that would require a specific authorization by the Secretary of Energy.
 
DOE EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL; 10 CFR Part 110; Implemented by Dep’t of Energy, U.S. Nuclear Regulatory Commission, under the Atomic Energy Act of 1954.
  – Last Amendment: 20 Nov 2018, 10 CFR 110.6, Re-transfers.
 

DOJ ATF ARMS IMPORT REGULATIONS: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War.  Implemented by Dep’t of Justice, Bureau of Alcohol, Tobacco, Firearms & Explosives.
  – Last Amendment: 26 Dec 2018: 83 FR 66514-66554: Bump-Stock-Type Devices

DOS INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR): 22 C.F.R. Ch. I, Subch. M, Pts. 120-130. Implemented by Dep’t of State, Directorate of Defense Trade Controls.

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

Implemented by Dep’t of Treasury, Office of Foreign Assets Control.

  – Last Amendment: 15 Nov 2018: 83 FR 57308-57318: Democratic Republic of the Congo Sanctions Regulations
  
* USITC HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA), 1 Jan 2018: 19 USC 1202 Annex. Implemented by U.S. International Trade Commission. (“HTS” and “HTSA” are often seen as abbreviations for the Harmonized Tariff Schedule of the United States Annotated, shortened versions of “HTSUSA”.)
  – Last Amendment: 19 Dec 2018: Harmonized System Update (HSU) 1820, containing 19,061 ABI records and 3,393 harmonized tariff records.
  – HTS codes for AES are available here.
  – HTS codes that are not valid for AES are available here.

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EN_a0312
Weekly Highlights of the Daily Bugle Top Stories

(Source: Editor) 

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

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EPEDITORIAL POLICY

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., compiled by: Editor, James E. Bartlett III; Assistant Editors, Alexander P. Bosch and Vincent J.A. Goossen; and Events & Jobs Editor, Alex Witt. The Ex/Im Daily Update is emailed every business day to approximately 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 of this newsletter cannot be relied upon as legal or expert advice.  Consult your own legal counsel or compliance specialists before taking actions based upon news items or opinions from this or other unofficial sources.  If any U.S. federal tax issue is discussed in this communication, it was not intended or written by the author or sender for tax or legal advice, and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or tax-related matter.


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