;

19-0204 Monday “Daily Bugle'”

19-0204 Monday “Daily Bugle”

Monday, 4 February 2019

  1. Justice/ATF Seeks Comments Concerning List of Responsible Persons (27 CFR Section 555.57) 
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. DoD/DSCA Policy Memos of Interest: Electronic Transfer of FMS Case Data to CBP
  4. Justice Department Settles Immigration-Related Discrimination Claim Against Honda Aircraft Company LLC
  5. State/DDTC Releases New Advisory Opinions Application”
  6. EU Commission Publishes 2018 Export Control Forum Presentations
  7. EU Amends Restrictive Measures Concerning Iraq
  8. UK DIT Publishes “Export Control (Amendment) (EU Exit) Regulations 2019”
  1. Bild: “Is Russia Violating EU Sanctions?”
  2. CNBC: “EU Implements New Iran Trade Mechanism”
  3. Inside Cybersecurity: “Bipartisan Lawmakers, Industry Make Competing Cybersecurity Claims in Debate Over Export Control Criteria”
  4. The Jerusalem Post: “Student Challenges Netanyahu on Arms Sales to Dictators”
  5. ST&R Trade Report: “Lawmakers Seek to Limit President’s Authority to Restrict Imports”
  1. M. Volkov: “The Requirement for a Proactive Audit Program”
  2. R. Ip: “Compliance Risk from Chinese Firms’ Overseas Activities”
  1. Monday List of Ex/Im Job Openings: 154 Openings Posted This Week, Including 20 New Openings
  1. “18th Annual ‘Partnering for ComplianceTM’ Export/Import Control Conference” on 5-7 Mar; and “Customs/ Import Boot Camp” on 8 Mar Both in Orlando, FL
  2. ECTI Presents “United States Export Control (ITAR/EAR/OFAC) Seminar Series” in Washington, DC
  3. FCC Presents 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 (14 Jan 2019), DOC/EAR (20 Dec 2018), DOC/FTR (24 Apr 2018), DOD/NISPOM (18 May 2016), DOE/AFAEC (23 Feb 2015), DOE/EINEM (20 Nov 2018), DOJ/ATF (26 Dec 2018), DOS/ITAR (4 Oct 2018), DOT/FACR/OFAC (15 Nov 2018), HTSUS (19 Dec 2018) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a11. 
Justice/ATF Seeks Comments Concerning List of Responsible Persons (27 CFR Section 555.57)

(Source: Federal Register, 4 Feb 2019.) [Excerpts.] 
 
FR 84: 1492-1493: Agency Information Collection Activities; Proposed eCollection eComments Requested; List of Responsible Persons
 
* AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.
* ACTION: 30-Day notice.
* SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
* DATES: The proposed information collection was previously published in the Federal Register, on November 8, 2018, allowing for a 60-day comment period. Comments are encouraged and will be accepted for an additional 30 days until March 6, 2019.
* FOR FURTHER INFORMATION CONTACT: If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any other additional information, please contact Shawn Stevens, Federal Explosives Licensing Center, either by mail at 244 Needy Road, Martinsburg, WV 25405, by email at Shawn.Stevens@atf.gov, or by telephone at 304-616-4400. Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to OIRA_submissions@omb.eop.gov.
* SUPPLEMENTARY INFORMATION: … 
  – Type of Information Collection: Extension, without change, of a currently approved collection.
  – The Title of the Form/Collection: List of Responsible Persons. … 
  – Form number: None.
  – Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. … 
  – Abstract: 27 CFR Section 555.57, requires that all persons holding ATF explosives licenses or permits as of May 23, 2003, report descriptive information about their responsible persons and possessors of explosives to ATF. Subsequent changes to their list of responsible persons must also be reported to ATF. … 
 
  Dated: January 30, 2019.
Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice.

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

OGSOTHER GOVERNMENT SOURCES

OGS_a12. Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)

  

* Commerce/BIS; NOTICES; Denial of Export Privileges: 
Shavkat Abdullaev [Pub. Date: 5 Feb 2019. Included in the Daily Bugle of 29 Jan 2019, item #2.]
 
* Justice/AFT; NOTICES; Agency Information Collection Activities; Proposals, Submissions, and Approvals: 
Furnishing of Samples [Pub. Date: 5 Feb 2019.]
 

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

OGS_a2
3. 
Commerce/BIS: (No new postings.)

(Source: 
Commerce/BIS)

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

(Source: 
DoD/DSCA, 4 Feb 2019.)
 
  U.S. Customs and Border Protection (CBP) and DSCA have recently automated the transfer of electronic data for exports of Foreign Military Sales (FMS) articles. Providing this information through a system-to-system interface increases the accuracy of the data and eliminates the inefficiency of providing a physical copy of the LOA to CBP. This policy memo updates 
Chapter 7 of the SAMM to provide guidance on export processes now that the electronic interface with CBP is in place.

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

OGS_a45
Justice Department Settles Immigration-Related Discrimination Claim Against Honda Aircraft Company LLC

(Source: 
Justice, 1 Feb 2019.) [Excerpts.] 
 
The Justice Department today (1 Feb) reached a settlement agreement with Honda Aircraft Company LLC (Honda Aircraft), a wholly owned subsidiary of American Honda Motor Co. Inc., and subsidiary of Honda Motor Co. Ltd., that manufactures and sells business jet aircrafts. The settlement resolves a claim that Honda Aircraft, headquartered in Greensboro, North Carolina, refused to consider or hire certain work-authorized non-U.S. citizens because of their citizenship status, in violation of the Immigration and Nationality Act’s (INA) anti-discrimination provision.
 
The Department’s independent investigation determined that between August 2015 and December 2016, Honda Aircraft published at least 25 job postings that unlawfully required applicants to have a specific citizenship status to be considered for the vacancies. The Department concluded that the company’s unlawful practice of restricting job vacancies to U.S. citizens and in some cases, to U.S. citizens and lawful permanent residents (LPR), was based on a misunderstanding of the requirements under the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). The discriminatory job postings were published on Honda Aircraft’s website and several third-party websites.
 
  “The Department of Justice is committed to ensuring that employers do not unlawfully exclude non-U.S. citizens because of their citizenship status,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Employers who are subject to the ITAR or the EAR should carefully review their responsibilities under anti-discrimination statutes.”
 
The ITAR regulates specific exports of defense articles and services, and – absent State Department authorization – limits access to certain sensitive information to “U.S. persons,” which are defined as U.S. citizens, U.S. nationals, lawful permanent residents, asylees, and refugees. The EAR similarly regulates commercial goods and technology that could have military applications. The EAR limits access to export-controlled technology and information to “U.S. persons” absent authorization from the Department of Commerce.  Neither the ITAR nor the EAR requires or authorizes employers to hire only U.S. citizens and LPRs. Employers that limit their hiring to U.S. citizens and/or LPRs without legal justification may violate the INA’s anti-discrimination provision.
 
Under the settlement agreement, Honda Aircraft will pay a civil penalty of $44,626, and remove all specific citizenship requirements from current and future job postings unless they are authorized by law. The agreement also requires certain employees to attend training on the INA’s anti-discrimination provision and ensure that trained personnel review future job advertisements.  
 
The INA’s anti-discrimination provision prohibits employers from discriminating in hiring or recruiting or referring for a fee based on a person’s citizenship, immigration status, or national origin.  In the absence of a legal basis (such as a law, regulation, or government contract that requires U.S. citizenship restrictions), employers, recruiters and referrers for a fee may not limit job opportunities or otherwise impose barriers to employment based on an individual’s citizenship or immigration status. By requiring a specific citizenship status as a condition of employment, Honda Aircraft’s job postings created discriminatory barriers for work-authorized individuals and unlawfully excluded U.S. nationals, asylees, refugees, and, in some cases, LPRs.
 
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation. … 
 
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.

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

(Source: 
State/DDTC, 4 Feb 2019.) 
 
The new Advisory Opinions Application is live! The application, which offers users faster, more convenient submission and status tracking, is available for use as of today. The application is housed in DDTC’s cloud-based Defense Export Control and Compliance System (DECCS).
 
Here are a few things you will need to know to use the new application:
  – Type of Inquiries: The new Advisory Opinions application will be strictly used to submit and respond to inquiries related to sections 126.9 (a), 126.9 (c), and 129.9 of the ITAR. You should continue to submit all inquiries relating to other sections of the ITAR to DDTC via mail. Read more about what an Advisory Opinion is 
here
  – Access: All current DTrade Super Users with valid email addresses will automatically be enrolled in DECCS over the coming weeks and will receive an email from Okta to activate their DECCS accounts in order to access the Advisory Opinions application. If you are not a DTrade Super User, or you are a Super User that would like to submit an Advisory Opinions request prior to receiving your activation email, you will be able to enroll and create a new DECCS account to access the application. Learn more about DECCS 
here.
 
Access the new Advisory Application on the DECCS Industry Service Portal here.
 
Additional information and learning resources, including application user guides and overview videos, are available on the DECCS Industry Service Portal under the “Learning Tools” dropdown menu.  
 
As you begin to use the new application, please continue to use the blue ‘Submit Feedback’ button on the right hand side of the Industry Portal screen to share any issues or improvement ideas you have. We appreciate your ongoing feedback as we work to refine the application with each new iteration. 

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

OGS_a67.
EU Commission Publishes 2018 Export Control Forum Presentations

(Source: 
European Commission, 13 Dec 2018.) 
 
The 2018 Export Control Forum brought together export control officials from EU institutions and Member States with industry associations, exporters, manufacturers and other economic operators involved in production or trade of dual-use items, as well as representatives of civil society and academia. 
 
The main objective of the 2018 Export Control Forum was to make an annual review of the export control system in EU, as well as exchange information about its implementation.

The 2018 Export Control Forum also provided the opportunity to review the state of play of the legislative process regarding the proposal for a modernization of EU export controls. 
 
This Forum supports the continuation of dialogue with dual-uses stakeholders, and in particular the partnership with the private sector. 
 
Presentations included those given by the Dutch Ministry of Foreign Affairs (”
The Netherlands: A Comprehensive Update on Cyber Export Controls“), the Belgian Ministry of Foreign Affairs (”
EU ICP guidelines: Summary of Industry Consultation and State-Of-Play“), the Office of Exporter Services (OEXS) within the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) (”
The Export Control Reform Act of 2018“), and various others. All key presentations of the 2018 forum can be downloaded via 
this PDF document.
 

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

OGS_a78
EU Amends Restrictive Measures Concerning Iraq 

(Source: 
Official Journal of the European Union, 4 Feb 2019.) 
Regulations 

Commission Implementing Regulation (EU) 2019/162 of 1 February 2019 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

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

OGS_a89
UK DIT Publishes “Export Control (Amendment) (EU Exit) Regulations 2019”

(Source: 
Legislation.gov.uk, 2 Feb 2019.) 
 
The UK Department for International Trade (TID) has published new export control legislation on 
legislation.gov.uk.
 
The regulations, which may be cited as the the Export Control (Amendment) (EU Exit) Regulations 2019 and save for regulation 4(31) come into force on exit day, are available 
here
Excerpts of the 
explanatory memorandum
 are included below. 
 
(2) Purpose of the instrument
 
(2.1) These Regulations are made to address inoperabilities and deficiencies of United Kingdom law arising from the withdrawal of the UK from the EU and to ensure EU- derived domestic export control legislation operates effectively post-exit.
Explanations
 
What did any relevant EU law do before exit day?
 
(2.2) These Regulations amend provisions within the following domestic legislation: the Export of Radioactive Sources (Control) Order 2006 and the Export Control Order 2008, and other domestic subordinate legislation in connection with EU sanctions regimes.
 
(2.3) The Export of Radioactive Sources (Control) Order 2006 makes provision for licenses with references to persons established within and exporting from the European Union. The Export Control Order 2008 gives effect to EU directives on the movement of military goods and firearms within the EU and creates penalties pursuant to several EU export control regulations.
 
(2.4) The Export Control (Somalia) Order 2011, the Export Control (Al-Qaida and Taliban Sanctions) Regulations 2011 and the Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014 (“the Sanctions Offences Orders”) make provision for criminal offences in relation to contravention of directly applicable EU sanctions regimes concerning those countries.
 
Why is it being changed?
 
(2.5) The changes are being made because the provisions either relate to reciprocal arrangements or are otherwise redundant upon exit from the EU. The amendments also include amendments to references to EU instruments which are no longer appropriate.
 
What will it now do?
 
(2.6) The Regulations omit provisions which are dependent on the UK’s membership of the EU, and substitute references to the EU with references to the UK as appropriate.

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

NWSNEWS

NWS_a110.
Bild: “Is Russia Violating EU Sanctions?”

(Source: 
Bild, 4 Feb 2019.) [Excerpts.] 
 
Is Russia’s army violating a European Union sanction targeting the purchase of goods that can be used for military purposes? The sanction has been in place since 2014.
 
BILD has inquired into whether Russian forces are using propeller blades – so-called “folding propellers” – manufactured in Germany for seven types of drones in their drone fleet. The respective German companies did not know about this until now.
 

More specifically, the unmanned aerial espionage and reconnaissance vehicles that are equipped with German propellers are the models “Granat-1”, “Granat-2”, “Granat-3”, “Tachion”, “ZALA-42104M”, “Grusha”, and “Orlan-2”. Their first flights took place between 2005 and 2012. However, they only began to be mass produced in 2015 and 2016 and were then incorporated into the various troop units of the Russian forces. … 

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

NWS_a211.
CNBC: “EU Implements New Iran Trade Mechanism”

(Source: 
CNBC, 31 Jan 2019.) [Excerpts.] 
 
France, Germany and Britain have officially put in place a European system to help facilitate trade with Iran.
 
The move will allow the European Union to circumvent U.S. sanctions in an effort to continue humanitarian trade with Iran and work to uphold what is left of the Joint Comprehensive Plan of Action, commonly known as the Iran nuclear deal. U.S. sanctions went into place in November halting a significant portion of trade between Iran and its European partners.
 
Federica Mogherini, the EU’s chief diplomat and the new mechanism’s main advocate, said Thursday in Bucharest, Romania, at a meeting of the bloc that the EU is “fully behind the full implementation of the Iran nuclear deal.” …  
 

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

NWS_a312
Inside Cybersecurity: “Bipartisan Lawmakers, Industry Make Competing Cybersecurity Claims in Debate Over Export Control Criteria” 

(Source: 
Inside Cybersecurity, 4 Feb 2019.) [Excerpts. Subscription required.]
 
Cybersecurity is the rope in an apparent tug of war between cyber leaders in Congress and industry over how to define criteria in a proposal on controlling the export of certain emerging and foundational technology in the interest of national security.
 
The related industries have been pulling for a narrow approach to applying potential export controls that doesn’t encroach on commercial technologies. But lawmakers in the House and Senate argue that a decision on which technologies should be banned …

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

NWS_a413
The Jerusalem Post: “Student Challenges Netanyahu on Arms Sales to Dictators”

(Source: 
The Jerusalem Post, 3 Feb 2019.) [Excerpts.] 
 
Prime minister declines to answer whether he supports greater controls on weapons exports
 
Hadas Weisberg, a 21-year-old student at the Migdal Oz Seminary, challenged Prime Minister Benjamin Netanyahu last week on Israel’s arms export policy during his visit to the Gush Etzion women’s seminary, asking whether the country should tighten its controls on sales to states with poor human rights records.
 
In a prelude to her question, the Jerusalem native said Israel had been founded on “the principle of justice in the spirit of the visions of the prophets of Israel.” She then asked if Netanyahu would support a law that would increase export controls on Israeli weapons to countries that violate those principles.

Weisberg was referring to the sale to Myanmar – which has been accused of ethnic cleansing against its Rohingya minority – of Israeli-made patrol boats with weapons systems and advanced rifles, and the export of assault rifles to South Sudan, which is in the midst of a brutal civil war. … 

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

NWS_a514
ST&R Trade Report: “Lawmakers Seek to Limit President’s Authority to Restrict Imports” 

(Source: 
Sandler, Travis & Rosenberg Trade Report, 4 Feb 2019.) 
 
The Congressional Trade Authority Act (S. 287 and H.R. 940), introduced in the House and Senate Jan. 31, would limit the president’s authority to restrict imports on national security grounds under Section 232 of the Trade Expansion Act of 1962.
 
Currently the Department of Commerce conducts Section 232 investigations, with non-binding input from the secretary of defense. If the DOC concludes that imports of certain goods threaten national security, the president may proclaim trade actions (tariffs, quotas, etc.) to adjust those imports.
 
A fact sheet on the CTAA states that Section 232 actions have historically been narrow in scope, targeting a few product lines and/or imports from specific countries such as Iran and Libya. In addition, prior to 2018, the last time a president imposed trade actions under Section 232 was in 1983.
 
However, the Trump administration has used Section 232 to impose 25 percent tariffs on foreign steel and 10 percent tariffs on imported aluminum and to threaten tariffs on auto imports. These actions “have been economically disruptive,” the fact sheet states, causing U.S. importers to pay additional taxes on roughly $23 billion in steel imports and $17 billion in aluminum imports and harming downstream consumers by increasing domestic prices for these products. The tariffs have also damaged U.S. relationships with allies such as Mexico, Canada, Japan, the European Union, and India, many of which have retaliated with their own tariffs against U.S. exports.
 
In response, the CTAA would limit future Section 232 investigations to goods with applications in military equipment, energy resources, and/or critical infrastructure that also constitute a substantial cause of a threat to impair U.S. national security. In addition, the bill would transfer investigative authority from the DOC, which since 2001 “has used a broad definition of national security to assess imports, explicitly including goods ‘beyond those necessary to satisfy national defense requirements,'” to the Defense Department. The DOC would still determine the appropriate remedy in the event of a positive finding, but remedies would have to be specifically approved by Congress to take effect. Finally, the bill provides for an exclusion process for future Section 232 restrictions that would be administered by the International Trade Commission.
 
Other provisions of the legislation would (a) repeal the existing Section 232 tariffs on steel and aluminum, and restrictions on automobiles and auto parts if imposed, if Congress does not pass an approval resolution within 75 days after the CTAA’s enactment and (b) require the ITC to report to Congress on the industry-specific and downstream effects of any Section 232 actions taken within the past four years as well as any future Section 232 actions.
 
The CTAA has already received support from a coalition of business and consumer groups, which said the measure’s “commonsense reforms would reduce the misuse of alleged national security threats for costly, protectionist ends.” The bill would also allow Congress to reclaim its constitutional authority to impose tariffs and regulate foreign commerce “to prevent damaging trade policies that could hurt our economy, farmers, American workers, and consumers.”
 

The legislation is also generating interest among lawmakers. A total of 11 senators and 18 representatives, both Republicans and Democrats, have signed on as co-sponsors to date. However, Sen. Pat Toomey, R-Pa., said there needs to be “much broader support” before the bill is likely to be brought up for a vote. There is some speculation that if the bill does not pass on its own it could be attached to the National Defense Authorization Act, which has been enacted each year for nearly six decades.

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

COMMCOMMENTARY

COM_a115. 
M. Volkov: “The Requirement for a Proactive Audit Program”

(Source: 
Volkov Law Group Blog, 31 Jan 2019. Reprinted by permission.) 
 
* Author: Michael Volkov, Esq., Volkov Law Group, 
mvolkov@volkovlaw.com, 240-505-1992. 
 
As compliance programs (and the profession) continue to mature, there is growing interest in the need for measurement, monitoring and auditing of compliance programs.  This is a natural evolution in the lifecycle of a compliance program.
 
Once a CCO has operationalized a company’s compliance program, the next challenge logically is to design strategies to ensure proper operation.   The elements of an effective compliance program include the requirement for continuous improvement by periodic measurement and improvement of a compliance program.
 
Naturally, the need for collecting compliance program data, monitoring business and compliance activities, and testing/auditing a compliance program are essential aspects of such a function.  CCOs have attempted to meet these requirements by trial and error – many CCOs are developing innovative approaches, while some are just starting to address the issue. 
 
Some CCOs are taking shortcuts – relying on open source intelligence software products to satisfy the “monitoring” requirement and deferring to internal audit to carry out appropriate audits.  This is not the way to go.
 
An effective monitoring strategy cannot be satisfied by relying on updates from open source intelligence searches of third parties and customers.  While such monitoring activity is a helpful component of an overall strategy, this bare minimum only addresses one aspect of a compliance program and ignores a multitude of risks.
 
Similarly, relying on internal audit to conduct appropriate audits of a compliance program is unsatisfactory.  Internal audit has a broad set of responsibilities and cannot be expected to conduct appropriate audits of a compliance program.  Internal audit’s focus is understandably on material transactions.  Notwithstanding this broad remit, I am always surprised at the extent to which internal auditors support the compliance program, collaborate in conducting audits, and are able to provide important insights and efforts.  But to be candid, internal auditors cannot single-handedly audit a compliance program.
 
In this environment, CCOs are embracing innovative strategies and developing their own internal review, assessment, measurement and auditing strategies.  As always, this requires resources and CCOs are continuing to struggle for resources in the corporate world.  Some major companies have created their own review and auditing staff with responsibility for conducting “independent” audits of a company’s compliance program.  This is a welcome development and should be supported.
 
As part of this strategy, CCOs have to implement a mechanism to prioritize audits and support proactive examinations of higher-risk compliance operations.  This is the interesting part – a CCO knows where the company’s risks exists and can design a way to identify high-risk operations for review and audit. 
 
The value of proactive audits is tangible – such audits provide important insights into how a compliance program is functioning, need for improvement and enhancement of company compliance and financial controls.  If problems are identified, a root cause analysis can provide insights that apply across an enterprise and ultimately lead to proactive interventions to prevent problems before they occur.
 
CCOs have to commit to this new and innovative area.   Of course, we have to be realistic given the difficulty CCOs face every day in securing appropriate resources to keep their compliance program operating.  But CCOs have to protect their turf and promote their operations against competing forces demanding resources.  In the end, CCOs have to use interpersonal skills and educational efforts to develop and build internal support for a proactive auditing program.

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

(Source: 
Ejinsight.com, 4 Feb 2019.) [Excerpts.] 
 
* Author: Richard Ip, partner of Wallbrook, a global intelligence and compliance risk consultancy. 
 
While the world has seen a steep decline in outbound foreign direct investment from China in 2018, it remains a major player in the developing economies of Southeast Asia and Sub-Saharan Africa. China has also begun opening its domestic market to foreign investment.
 
Western investors more used to vetting their Chinese partners’ probity at home are in danger of paying insufficient attention to their activities abroad. In other words, growing awareness of domestic compliance risks within China has not been matched by an appreciation of the growing threat of sanctions violations and foreign bribery by Chinese companies. “China compliance” experts need to develop a more global perspective in order to fully understand the risks associated with their counterparties from the Middle Kingdom.
 
Sanctions
 
Banks and corporates in the West are no strangers to US and EU sanction regimes, which have so far slapped heavy fines against well-known Western entities including BNP Paribas and Schlumberger for breaching sanctions. …

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


MSEX/IM MOVERS & SHAKERS

MS_a117. Monday List of Ex/Im Job Openings: 154 Openings Posted This Week, Including 20 New Openings

(Source: Events & Jobs Editor) 
 

Published every Monday or first business day of the week. Please, send job openings in the following format to 
jobs@fullcirclecompliance.eu
.

 
* COMPANY; LOCATION; POSITION TITLE (WEBLINK); CONTACT INFORMATION; REQUISITION ID
 

#
” New or amended listing this week

 

#
ABB; Atlanta, GA; Trade Compliance Leader; Requisition ID: US67317342_E2;

* Adient; Bratislava, Slovakia; Customs Specialist (EMEA); Requisition ID: R-02990;


#
AeroVironment; Simi Valley, CA; Trade Compliance Specialist II; Requisition ID: 333;


Agility; Basel, Switzerland; SachbearbeiterIn Ocean Freight Export;

* Agility; Charlotte, NC;
Import Manager/Licensed Customs Broker
;

Agility; Dallas, TX; 
Ocean Export Coordinator
;

* Agility; Houston, TX;
Ocean Export Coordinator
;
*
Agility; Houston, TX; Ocean Export Team Leader;

* Airbus; Manching, Germany; Internship within Procurement Compliance, Regulations & Risks; Requisition ID: 10438469 NU EN EXT 1;

*
 
AM General; Auburn Hills, MI; 
International Compliance Analyst

#
Amazon EU; Luxembourg City, Luxembourg; Trade Compliance Manager; Requisition ID: 780313;
#
Amazon Web Services; Seattle, WA; Trade Compliance Manager, Export Controls & Classification; Requisition ID: 787194;

*
 
Analog Devices; Chelmsford, MA; 
Import-Export Analyst
;

#
Arconic; Pittsburgh, PA; Director, Compliance Programs;
#
Arconic; Pittsburgh, PA; Global Director Export Compliance, EPS Liaison;
#
Arconic; Pittsburgh, PA; Global Director Import Compliance, TCS Liaison
* Ascent Aerospace; Lake Orion and Macomb Township, MI; ITAR/EAR/Export Compliance Manager; Requisition ID: 1399;
#
BAE Systems; Farnborough, United Kingdom; Counsel, Group Export Control; Requisition ID: 00058679;

*
Arconic; Cleveland, OH; Global Trade Compliance Manager;

* Ascent Aerospace; Lake Orion and Macomb Township, MI; ITAR/EAR/Export Compliance Manager; Requisition ID: 1399;


*
 
BAE Systems; Nashua, NH; 
Procurement Compliance
; Requisition ID: 
44996BR

BAE Systems; Poznań, Poland; Export Control Officer;

*
 
BAE Systems; Sterling Heights, MI; 
Senior Procurement Compliance Analyst
; Requisition ID: 
4BR

* Baker Hughes; Several locations worldwide; International Trade Compliance Special Programs Leader (Legal)

*
 
Beiersdorf; Hamburg, Germany; International Trade Expert;

* Bell Flight; Fort Worth, TX;
Trade Classification Specialist I
; Requisition ID: 270536;

* Boeing; Dallas, TX; 
Global Regulatory and Compliance Specialist 4
; Requisition ID: 12795;

* Boeing; Zoushan, China; 
 Compliance Analyst
* Boeing; Zoushan, China;
Trade Compliance Manager;
* Bosch USA; Owatonna, MN; Import/Export Compliance Analyst
* Bristol-Myers Squibb; New Brunswick, NJ; Director Global Customs & Trade;

* Brookhaven National Laboratory; Upton, NY; Mgr Export Control Program; Requisition ID:1563;

#
Charlton Morris; Mönchengladbach, Germany; International Trade Compliance & Logistics Manager;

* CIRCOR International; Houston, TX; Trade Compliance Specialist;


CISCO; Amsterdam, The Netherlands; 
Global Export Trade Manager – EMEAR
;
*
 
Cobham Advanced Electronic Solutions; Colorado Springs, CO; 
Export Compliance Manager
; Requisition ID: req2102;

ConvaTec; Flexible location, U.S.; Associate Manager, Customs & Trade; Requisition ID: JR0000536

* Danfoss; Rødekro, Denmark; Global Trade Compliance Specialist and Coordinator; Requisition ID: 14732BR;
* DB Schenker; Dallas, TX; Senior Ocean Import Coordinator; Requisition ID: 201901100046;
* DB Schenker; Düsseldorf, Germany; Head of Ocean Freight Import; Requisition ID: 201811140002;

* Deloitte Belgium; Ghent, Belgium; Manager Global Trade Advisory;

* DHL; Erlanger, KY; OFAC Agent; Requisition ID: req72731;
* DHL; Laredo, TX; Customs Entry Writer; Requisition ID; req72721;


Doosan; West Fargo, ND; 
Director Customs & Trade Compliance
*
 
DuPont; Neu-Isenburg, Germany; 
Logistics Specialist Customs & Trade Compliance EMEA
; Requisition ID: SOU00001629;

* EDCO; Eindhoven, the Netherlands; Customs & Trade Compliance Coordinator;  
*
 
ELTA North America; Baltimore, MD; 
Compliance Officer
;

* ENSCO Plc; Houston, TX; Analyst II – Export & Trade Compliance; Requisition ID: 13136;

*
 
Erickson Inc.; Portland or Central Point, OR; 
Import Specialist

Susan Colletto
; Requisition ID 927130;

* Esri; Redlands, CA; Export Compliance Specialist;

*
 Expeditors; Krefeld, Germany; 
Clerk Import / Export
;
*
 Expeditors; Bedfont, United Kingdom; 
Customs Brokerage Clerk
;

* Expeditors; Plainfield, IN; District Trade Compliance Manager;
* Expeditors; Sunnyvale, CA, USA; Customs Compliance Coordinator;
* Expeditors; Sunnyvale, CA, USA; Customs Compliance Specialist;

* Export Compliance Solutions/ECScreening; Remote; Sales Representative

* Export Solutions, Inc.; San Jose, CA; 
Director of Global Trade & Compliance;

* Flexport; Amsterdam, the Netherlands; Customs Director Europe;
* Flexport; San Francisco, CA; Customs Compliance Manager;

* FLIR; Arlington, VA or Billerica, MA; Senior Director, Global Export Compliance; Requisition ID: REQ11409;

* FLIR; Täby, Sweden; Compliance Site Operations Leader; Requisition ID: REQ11291;

* Fortive – Tektronix; Beaverton, OR; Chief Compliance Counsel;
* Fortive – HealthNewCo; Irvine, CA; Global Trade Compliance Manager;


GCP Applied Technologies; Cambridge, MA; 
Trade Compliance Manager

* General Atomics; San Diego, CA; 
Compliance Specialist
; Requisition ID: 22119BR

* General Dynamics; Falls Church, VA; Manager, Intl Trade Compliance; Requisition ID: 2018-50910;
* General Electric Co; Grand Rapids, MI or Evendale/Cincinnati, OH; Senior Specialist-International Trade Compliance, Aviation and Military Exports;


Google; Mountain View, CA; Trade Specialist, Export Compliance


* GSW Manufacturing Inc; Findlay, OH; Trade Compliance Analyst; 
* Henderson Group Unlimited, Inc; State Dept, DDTC; Washington, DC; 
Defense Trade Control Compliance Analyst
;
* Henderson Group Unlimited, Inc; State Dept, DDTC; Washington, DC; 
Commodities Jurisdiction Analyst
;

* Honeywell Aerospace; Phoenix, AZ;
Export Compliance AGC
;
Jolynn.Berry@Honeywell.com
; Requisition ID: HRD48378;

* Honeywell International Inc.; Sunnyvale, CA or Lincolnshire, IL; Sr. Import/Export Analyst; HRD32371
 

*
 Infineon; El Segundo, CA; 
Manager, Export Control
; Requisition ID: 33841

*
Infineon Technologies, El Segundo, CA;
Senior Export Compliance Specialist
; Requisition ID: 31215;

*
 InteliTrac Global Solutions; Herndon, VA; 
ITAR Compliance Official / Deputy Facility Security Officer
;

*
 InteliTrac Global Solutions; Herndon, VA;
ITAR Compliance Official
;
*
 
IPG Photonics; Oxford, MA; 
Global Director Trade Compliance
;
*
 IPG Photonics; Oxford, MA;
 
Global Director Trade Compliance 
*
 
ITT Inc.; Irivine, CA; 
Trade Compliance Coordinator
;

* John Crane; Slough, United Kingdom; Senior Manager International Trade Compliance EMEA; Requisition ID: JCRANE01688; 

* Johnson Controls; Milwaukee, WI; Director, Global Trade Compliance; Requisition ID: WD30055791295;

* Johnson Controls; Tamaulipas, Matamoros, Mexico; Trade Compliance Specialist; Requisition ID: EB00064485194;

#
Keeco Home; Hayward, CA; Director Customs and Compliance

* Kohler Co; Kohler, WI; Analyst, International Trade Compliance; Requisition ID: 18105; 

#
Leidos; Columbia, MD; International Trade Manager / Export Compliance; Requisition ID: R-00005745;

* Leonardo DRS; Melbourne, FL; 
Senior Supply Chain Analyst – Small Business Compliance
; Requisition ID: 91669


Leonardo DRS; Philadelphia, PA; 
Manager of Import/Export
; Requisition ID: 1530; 
Justin.johnson3@agustawestland.com

* Lockheed Martin; Arlington, VA; International Licensing Analyst; Requisition ID: 465724BR;

* Lockheed Martin; Bethesda, MD; 
Regulatory Compliance Analyst
; Requisition ID: 449353BR


*
 
Lockheed Martin, Grand Prairie, TX OR Orlando, FL.; 
International Trade Compliance Engineer Staff
; Requisition ID 462509BR

#
Lockheed Martin; 
Grand Prairie, TX; 
International Trade Compliance Specialist / International Licensing Analyst
; Requisition ID: 469631BR

*
 
Lockheed Martin, Orlando, FL.; 
International Licensing Analyst
; Requisition ID 460554BR

* Luminex; Austin, TX; Global Logistics & Trade Compliance Analyst – US; Requisition ID: 561

* Lutron Electronics Co; Lehigh Valley, PA; Trade Compliance Coordinator; Requisition ID: 4025;

* Meggitt; Erlanger, KY; Trade Compliance Officer;
 
Requisition ID: 37476;

#
Meggitt; San Diego, CA; Trade Compliance Officer;
 
Requisition ID: 36402;

*
 
Mohawk Global Trade Advisors; Chicago, IL; 
Vice President and General Manager of Consulting Division
; Contact: CSardella@mohawkglobal.com;  

* Muscogee International, LLC; Washington, D.C.; 
DDTC Records Auditor
Apply HERE or contact their recruiting team. 
* Muscogee International, LLC; Washington, D.C.; DDTC Contract AnalystApply HERE or contact their recruiting team.

* Muscogee International, LLC; Washington, D.C.; 
DDTC Service Support Desk Lead
Apply 
HERE
 or contact their 
recruiting team
.
* Muscogee International, LLC; Washington, D.C.; 
DDTC Service Support Desk
Apply HERE or contact their recruiting team. 
* Muscogee International, LLC; Washington, D.C.; DDTC Office Support IApply HERE or contact their recruiting team.
* Muscogee International, LLC; Washington, D.C.; DDTC Office Support IIApply HERE or contact their recruiting team.

* Muscogee International, LLC; Washington, D.C.; DDTC Office Support IIIApply HERE or contact their recruiting team.
*
 
Muscogee International, LLC; Washington, D.C.; 
DDTC Office Support
; Apply 
HERE
 or contact their 
recruiting team
.
*
 Newell Brands; Norwalk, CT; 
Manager of Trade Operations

* Norma Group; Maintal, Germany; Manager Global Trade Compliance and Forwarding; Requisition ID: 8843; 

* Northrop Grumman; Chester, United Kingdom; International Trade Compliance (ITC) Professional;
* Northrop Grumman; London, United Kingdom; Regional Trade Compliance Manager;

* NXP Semiconductors; Eindhoven, The Netherlands; (Senior) Manager Customs Compliance; Requisition ID: R-10013630;


Ormco; Amersfoort, The Netherlands; 
EU Trade Compliance Specialist;

#
Palomar Products; Rancho Santa Margarita, CA; Contracts & Compliance Manager;

* Panasonic Avionics; Houston, TX; Import/Export Analyst;

* Philips; Eindhoven, The Netherlands; Global Supply Chain Program Manager; Requisition ID: 296708;

* Pinpoint Pharma; Lincolnshire,IL; Export Compliance Specialist; Requisition ID: 351;

* PwC; Houston, TX; Customs and International Trade Director; Requisition ID: 38150WD;

* QinetiQ; Mönchengladbach, Germany; International Trade Compliance and Logistics Manager;

#
Ralph Lauren; New York, NY; Director, Trade Compliance Analyst; Requisition ID: 5567761;

* Rawlings Sporting Goods, St. Louis, MO, Trade Compliance Analyst

*
 
Raytheon; Dulles, VA; 
Principal Global Trade License;


* Raytheon; Tuscon, AZ; Senior Export Licensing and Compliance Specialist; Requisition ID: 129588BR;

* Richemont; Fort Worth, TX; Import/Export Manager; Requisition ID: 8837;

* Rockwell Automation; Milwaukee, WI; Team Lead – Export/Import Compliance; Requisition ID: 80922BR;

* Rohde & Schwarz; Columbia, MD; Import/Export Compliance Specialist;

*
 
Rohde Schwarz; Munich, Germany; 
Spezialist Exportkontrolle (m/w) 

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

#
SC Johnson; Kuala Lumpur, Malaysia; Senior Analyst, Global Trade Compliance; Requisition ID: 1525;

* Shell; Houston, TX; Trade Compliance Manager (Projects and Technology); Requisition ID: 98302BR;
* Shell; The Hague, The Netherlands; Trade Compliance Manager – Integrated Gas/New Energies; Requisition ID: 98522BR;

#
Sierra Nevada Corporation; Hurlburt Field, FL; International Trade Compliance Analyst II; Requisition ID: R0007284;
#
Smith & Nephew; Hull, United Kingdom; European Trade Compliance Analyst; Requisition ID: R31311;

* Societé Générale Securities Services; Munich, Germany; Sachbearbeiter Trade Compliance; Requisition ID: 1800112L;  


* Spencer Gifts & Spirit Halloween; Egg Harbor Twp. NJ; Customs Compliance Classification Analyst;
kelly.talis@spencergifts.com
;

#
Symantec; Tempe, AZ; 
Trade Compliance Analyst
; Requisition ID: 47108;

*
 
Teledyne Technologies Inc.; Hawthorne, CA; 
Sr. International Trade Compliance Specialist

#
Thales; Brest, France; Export Control Manager (H/F); Requisition ID: R0052876

*
 
TLR Inc.; Portland, OR; 
Export Compliance Specialist
;



TE Connectivity; El Cajon, CA or Middletown, PA; 
Licensing Specialist
tbaker@te.com
; Requisition 40514

* Teledyne Semiconductors; Saint-Egrève/Grenoble, France; Trade Compliance Manager; Requisition ID: 2019-8459;

* Textron Aviation; Wichita, KS; 
Trade Compliance Analyst
; Requisition ID: 269127

*
 
Thales; New Delhi, India; 
Manager – Trade Compliance
; Requisition ID:
R0038060

* United Technologies – Collins Aerospace; Cedar Rapids; Compliance Specialist-Government; Requisition ID: 01271793;

* United Technologies – Collins Aerospace; Windsor Locks, CT; Senior Manager, International Trade Compliance; Requisition ID: 01277872;

* United Technologies – Pratt & Whitney; East Hartford, CT; International Trade Compliance Manager; Requisition ID: 01279346;

*
 
University of California; San Francisco, CA; 
Export Control Officer
; Requisition ID: 51010;

* Wealth Ocean; Newport Beach, CA; Marketing & International Trade Specialist;

* Wellesley Asset Management; Wellesley, MA; Chief Compliance Officer;
World Wide Technology; Edwardsville, IL; 
International Trade Compliance Specialist
;

* Xilinx; San Jose, CA;
 
Trade Compliance Specialist
; Requisition ID: 155901

* YETI Coolers; Austin, TX; Inbound Logistics and Trade Compliance Manager; 

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

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a118. 
“18th Annual ‘Partnering for Compliance
TM
‘ Export/Import Control 
Conference” on 5-7 Mar; and “Customs/ Import Boot Camp” on 8 Mar Both in Orlando, FL

(Source: A.E. NicPhaidin, 
Info@PartneringForCompliance.org.)
 
* What: The 18th Annual “Partnering for Compliance™” will focus intensely on a broad spectrum of export/import regulatory and compliance matters of current relevance to companies and individuals involved in global trading. Senior-level government officials and trade experts will provide first-class training. 
* Where: Holiday Inn Orlando International Airport Hotel (completely renovated)
* When:
  – Tue – Thurs, 5-7 Mar: “18th Annual ‘Partnering for Compliance™’ Export Control Program
  – Fri, 8 Mar: 1-Day Program “Customs/Import Boot Camp”
  – NOTE: Sharron Cook, BIS, (drafter) will also discuss the proposed rule on routed exports jointly with Census, due in the Spring.   
* Speakers confirmed: DoS/DDTL: Terry Davis; DoS/DDTC: Daniel Cook (Invited); DoC/BIS: Sharron Cook & OEE speaker confirmed (TBD); DoD/DTSA: Ken Oukrop; OFAC: Kerri Bitsoff, Enforcement (Confirmed) & Anthony Musa, Licensing: (Invited); Census Bureau: Omari Wooden; DHS/CBP: Eric LaRoche; ICE: Timothy Dwyer; USMCA: Candace Sider, VP Livingston Int’l.;  Imports: Braumiller Law Group PLLC: Adrienne Braumiller & Bruce Leeds; and U.S. trade.
* Opening Keynote Address: Delegation of the E.U. to the U.S., BREXIT (Invited)
* Cost: Export 3-day program: $650. Customs/Import 1-day program: $250. Both programs: $900. 
* Remarks: Maximum capacity is 200 participants to maintain informal and collaborative environment. 
* As time permits, all Government and trade speakers will informally hold short “one-to-one” meetings with participants on a “first-come, first-served” basis. 
* Certificates of Completion granting: 4.5 IIEI CEUs and 20 
CES NCBFAA Credits for 3-day Exports program, and 6.5 CCS NCBFAA Credits for 1-day Customs/Import Boot Camp will be awarded for each program. 
* More information: 
Here.

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

TEC_a219. 
ECTI Presents “United States Export Control (ITAR/EAR/OFAC) Seminar Series” in Washington, DC

(Source: J. Kincaid; jill@learnexportcompliance.com.)
 
* What: United States Export Control (ITAR/EAR/OFAC) Seminar Series in Washington, DC
* When: ITAR Seminar: April 1-2, 2019; EAR/OFAC Seminar: April 3-4, 2019
* Where: Embassy Suites Alexandria Old Town
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker Panel: Scott Gearity, Greg Creeser, Melissa Proctor, and Marc Binder
* Register: here, or contact Jessica Lemon, 540-433-3977,

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

TE_a220FCC Presents 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, or contact us at 
events@fullcirclecompliance.eu
 or +31 6 15 65 02 09.
 
Register now and get a 10% Early Bird discount 
on the course fee!

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

ENEDITOR’S NOTES


Horace Greeley (3 Feb 1811 – 29 Nov 1872; was an American author and statesman who was the founder and editor of the New-York Tribune, among the great newspapers of its time. Long active in politics, he served briefly as a congressman from New York, and was the unsuccessful candidate of the new Liberal Republican party in the 1872 presidential election against incumbent President Ulysses S. Grant.)
  – “The darkest hour in any man’s life is when he sits down to plan how to get money without earning it.”
 

Dietrich Bonhoeffer (4 Feb 1906 – 9 Apr 1945; was a German pastor, theologian, anti-Nazi dissident, and key founding member of the Confessing Church. His writings on Christianity’s role in the secular world have become widely influential, and his book 
The Cost of Discipleship has been described as a modern classic. Apart from his theological writings, Bonhoeffer was known for his staunch resistance to Nazi dictatorship. After being accused of being associated with a plot to assassinate Adolf Hitler, he was executed on 9 April 1945.)
  – “The ultimate test of a moral society is the kind of world that it leaves to its children.”
 
Monday is pun day:
* Why couldn’t the bike stand up on its own? It was two tired.
* My math teacher called me average. How mean!
* Why was the horse so happy? Because he lived in a stable environment.

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

EN_a322
. 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: 14 Jan 2019: 84 FR 112-116: Extension of Import Restrictions Imposed on Certain Archaeological and Ecclesiastical Ethnological Material from Bulgaria; and 84 FR 107-112: Extension of Import Restrictions Imposed on Certain Archaeological Material From China 
 

DOC EXPORT ADMINISTRATION REGULATIONS (EAR): 15 CFR Subtit. B, Ch. VII, Pts. 730-774. Implemented by Dep’t of Commerce, 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 Commerce, 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 (1 Jan 2019) 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 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 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: 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.  

 

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: 1 Jan 2019) 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.

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

EN_a0323
Weekly Highlights of the Daily Bugle Top Stories

(Source: Editor) 

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

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

EPEDITORIAL POLICY

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., compiled by: Editor, James E. Bartlett III; Assistant Editors, Alexander P. Bosch and Vincent J.A. Goossen; and Events & Jobs Editor, Alex Witt. The Ex/Im Daily Update is emailed every business day to approximately 6,500 readers of changes to defense and high-tech trade laws and regulations. We check the following sources daily: Federal Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP, DOE/NRC, DOJ/ATF, DoD/DSS, DoD/DTSA, FAR/DFARS, State/DDTC, Treasury/OFAC, White House, and similar websites of Australia, Canada, U.K., and other countries and international organizations.  Due to space limitations, we do not post Arms Sales notifications, Denied Party listings, or Customs AD/CVD items.

* RIGHTS & RESTRICTIONS: This email contains no proprietary, classified, or export-controlled information. All items are obtained from public sources or are published with permission of private contributors, and may be freely circulated without further permission, provided attribution is given to “The Export/Import Daily Bugle of (date)”. Any further use of contributors’ material, however, must comply with applicable copyright laws.  If you would to submit material for inclusion in the The Export/Import Daily Update (“Daily Bugle”), please find instructions here.

* CAVEAT: The contents of this newsletter cannot be relied upon as legal or expert advice.  Consult your own legal counsel or compliance specialists before taking actions based upon news items or opinions from this or other unofficial sources.  If any U.S. federal tax issue is discussed in this communication, it was not intended or written by the author or sender for tax or legal advice, and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or tax-related matter.


* SUBSCRIPTIONS: Subscriptions are free.  Subscribe by completing the request form on the Full Circle Compliance website

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

* TO UNSUBSCRIBE: Use the Safe Unsubscribe link below.

Scroll to Top