;

19-0205 Tuesday “Daily Bugle'”

19-0205 Tuesday “Daily Bugle”

Tuesday, 5 February 2019

  1. Justice/ATF Seeks Comments Concerning Furnishing of Samples of Explosives Materials or Ammonium Nitrate
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. DHS/CBP Announces Extended Downtime for Ports 3801, 3802, and 3807
  4. OMB/OIRA Reviews of Proposed Ex/Im Regulations
  5. State/DDTC: (No new postings.)
  6. EU Commission Imposes Definitive Safeguard Measures on Imports of Steel Products
  7. EU Commission Introduces New Rules on Firearms
  1. Bloomberg: “Huawei Sting Offers Rare Glimpse of the U.S. Targeting a Chinese Giant”
  2. Reuters: “Huawei CFO May Fight Extradition By Claiming U.S. Political Motive: Report”
  3. ST&R Trade Report: “No Plans to Delay China Tariff Increase as Talks Continue”
  1. M. Buttner: “UK Publishes New Open License to Cover Transfers to EU Countries in a No Deal Scenario”
  2. M. Volkov: “Export Control Reform: Major Changes for ITAR for Firearms Industry”
  1. ECTI Presents “DIY Encryption Classification 2019 Edition” Webinar, 12 Mar
  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 Furnishing of Samples of Explosives Materials or Ammonium Nitrate

(Source: Federal Register, 5 Feb 2019.) [Excerpts.]
 
84 FR 1788: Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Currently Approved Collection; Furnishing of Samples 
 
* AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.
* ACTION: 60-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. The proposed collection OMB 1140-0073 (Furnishing of Samples) is being revised due to a change in burden, since there is a reduction in both the total responses and total burden hours due to less respondents, since the last renewal in 2016.
* DATES: Comments are encouraged and will be accepted for 60 days until April 8, 2019.
* FOR FURTHER INFORMATION CONTACT: If you have additional comments, regarding the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please contact: Anita Scheddel, Program Analyst, Explosives Industry Programs Branch, either by mail 99 New York Ave. NE, Washington, DC 20226, or by email at eipb-informationcollection@atf.gov  or by telephone at 202-648-7158.
* SUPPLEMENTARY INFORMATION: … 
 
Overview of This Information Collection
 
– Type of Information Collection (check justification or form 83): Revision of a currently approved collection.
– The Title of the Form/Collection: Furnishing of Samples. … 
– Form number (if applicable): None.
– Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. … 
– Abstract: Pursuant to 18 U.S.C. Chapter 40 §
843 (i) (1), ATF requires licensed manufacturers and importers and persons who manufacture or import explosives materials or ammonium nitrate to submit samples at the request of the Director. This collection of information is contained in 27 CFR 555.110. … 
 
If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530.
 
  Dated: January 31, 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)

 
* DHS/CBP; NOTICES; Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Extension of Bond for Temporary Importation [Pub. Date: 6 Feb 2019.]
 
* State; NOTICES; Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Commodity Jurisdiction Determination [Pub. Date: 6 Feb 2019.]

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

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

(Source: 
Commerce/BIS)

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

(Source: 
CSMS# 19-000038, 5 Feb 2019.) 
 
Due to inclement weather conditions, the U.S. Customs and Border Protection (CBP) Ports of Detroit (3801), Port Huron (3802) and Detroit Metropolitan Airport (3807), are extending one (1) additional day without penalty for all filers for the submission of entries and payment of duties that were due on January 28, 2019. Entries that were due on January 28, 2019, are now due the next business day on January 29, 2019 for the ports indicated. Should you have additional questions, please contact Entry Branch Chief, Erma Gonzalez-Upshaw at 313-442-0267.

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

OGS_a45
OMB/OIRA Reviews of Proposed Ex/Im Regulations

(Source: OMB/OIRA, 30 Jan 2019.) 
 
* TITLE: Request for Public Comments Regarding Review of Commerce Control List for Items Transferred from United States Munitions List Categories IV and XV
  – AGENCY: Commerce/BIS. 
  – STAGE: Prerule.
  – RECEIVED DATE: 30 Jan 2019.
  – RIN: 0694-AH66
  – STATUS: Pending Review

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

OGS_a56.

State/DDTC:


(No new postings.)

(Source: State/DDTC)

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

OGS_a67
EU Commission Imposes Definitive Safeguard Measures on Imports of Steel Products

(Source: European Commission, 1 Feb 2019.) 
 
Today, the European Commission published a regulation imposing definitive safeguard measures on imports of steel products. These measures will take effect tomorrow, 2 February, and replace the provisional ones in place since July 2018. 
 
A Commission investigation was launched in March 2018 as part of the European Union’s response to the decision by the United States to impose tariffs on steel products. This investigation showed that imports of steel products into the EU have been increasing sharply. This is seriously threatening EU steelmakers, who are still in a fragile position due to persistent overcapacity in the global steel market and an unparalleled number of unfair trade practices by certain trading partners. The restrictions on the US market caused by the Section 232 tariffs on steel are causing a diversion of trade flows into the EU.
 
These measures are fully in line with the EU’s WTO commitments and have been carefully shaped to preserve a continued flow of imports that guarantees effective competition in the European steel market and sufficient choice for the numerous EU users of steel.
 
The measures concern 26 steel product categories and consist of tariff-rate quotas above which a duty of 25% will apply. The tariff rate quotas fully preserve the traditional levels of imports into the EU and will be increased progressively. This system is similar to the provisional measures currently in place, with some important modifications that minimize trade disruptions and preserve traditional trade arrangements in terms of quantities and origins. For example, the main supplying countries will benefit from individual quotas based on their own historical imports.
 
These measures should remain in place for a period up to three years, but can be reviewed in case of changed circumstances.
The Commission has also decided to suspend the prior surveillance mechanism for the same products covered by the definitive measures as long as they are in effect.
 
Background
 
The Commission imposed provisional safeguard measures on imports of steel in July 2018.
 
The safeguard measures are part of the three-pronged response outlined by the European Commission in 2018. As a result of the import duties applied by the United States as of 23 March 2018 under Section 232 the US Trade Expansion Act of 1962, exporting steel to the United States has become less attractive. 
 
There are already indications that, as a consequence, steel suppliers have diverted some of their exports from the US to the EU.
 
For More Information
 

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

OGS_a78
EU Commission Introduces New Rules on Firearms 

(Source: European Commission, 5 Feb 2019.) 
 
Today (5 February 2019), new rules to ensure that alarm and signal weapons cannot be converted into real firearms and to establish clear technical specifications on firearms’ marking enter into force. In addition, the Commission also put forward new rules improving the way EU countries exchange information on transfers of firearms. They are currently being examined by the European Parliament and the Council. By setting stricter rules on firearms, the Commission aims to improve the security of EU citizens.
 
The rules coming into force today: Alarm and signal weapons. 
Alarm and signal weapons are devices with a cartridge holder designed to fire only blanks, irritants, other active substances or pyrotechnic signaling rounds. It should not be possible to convert them to expel a shot, bullet or projectile by the action of a combustible propellant. If it is possible to convert these weapons, they should be treated as firearms, with all the consequences entailed for their possession and acquisition.
 
In January 2019, the Commission adopted an Implementing Directive that sets out a set of technical criteria on how alarm and signal weapons have to be designed so that they cannot be converted into real firearms: Marking of firearms.
 
Marking is very important for the traceability of firearms and their essential components. The Implementing Directive adopted by the Commission in January 2019 establishes technical specifications to make firearms’ marking clearer and harder to erase. This will help increase the traceability of firearms and their essential components, and thus further reduce risks that firearms enter illegal channels.
 
Both Directives come into force on 5 February 2019.  The technical specifications will be applicable 12 months later in all EU countries.
 
The rules currently under scrutiny of the European Parliament and the Council: Exchange of information on transfers of firearms.
 
In January 2019, the Commission also adopted a Delegated Regulation that aims to improve the way EU countries currently exchange information on transfers of firearms and puts in place an electronic exchange system. This will help ensure that authorizations for the transfers of firearms are exchanged in a systematic way and are not issued based on fraudulent documentation, which will in turn improve the security of EU citizens.
 
The European Parliament and the Council have 2 months to scrutinize the Delegated Regulation (extendable by 2 months). If no issues are raised by the co-legislators, the act will be published in the Official Journal of the EU and will be applicable 4 months from the date of publication.
Background information
 
The Firearms Directive (Directive 2017/853) sets common minimum rules for the control of the acquisition and possession of firearms in the EU. The Directive was revised in 2017 and brings substantial improvements to security by making it harder to legally acquire dangerous high capacity weapons, such as automatic firearms transformed into semi-automatics.
 
The Firearms Directive also strengthens cooperation between EU countries by improving the exchange of information between EU countries, and brings substantial improvements to traceability of firearms by improving the tracking of legally held firearms, to reduce the risk of diversion into illegal markets. Moreover, the revised Directive includes in its scope collectors and museums and sets framed derogations for sport shooters that will have the possibility to acquire category A firearms under strict conditions. 
The revised Directive is applicable since autumn 2018.
 
Links
 
  – Commission Delegated Regulation on the electronic exchange of information on the transfers of firearms within the European Union
 

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

NWSNEWS

NWS_a09
Bloomberg: “Huawei Sting Offers Rare Glimpse of the U.S. Targeting a Chinese Giant”

(Source: Bloomberg, 4 Feb 2019.) [Excerpts.] 
 
The sample looked like an ordinary piece of glass, 4 inches square and transparent on both sides. It’d been packed like the precious specimen its inventor, Adam Khan, believed it to be-placed on wax paper, nestled in a tray lined with silicon gel, enclosed in a plastic case, surrounded by air bags, sealed in a cardboard box-and then sent for testing to a laboratory in San Diego owned by Huawei Technologies Co. But when the sample came back last August, months late and badly damaged, Khan knew something was terribly wrong. Was the Chinese company trying to steal his technology?
 
The glass was a prototype for what Khan’s company, Akhan Semiconductor Inc., describes as a nearly indestructible smartphone screen. Khan’s innovation was figuring out how to coat one side of the glass with a microthin layer of artificial diamond. He hoped to license this technology to phone manufacturers, which could use it to develop an entirely new, superdurable generation of electronics. … 

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

NWS_a110
Reuters: “Huawei CFO May Fight Extradition By Claiming U.S. Political Motive: Report” 

(Source: Reuters, 4 Feb 2019.) 
 
Huawei executive Meng Wanzhou, who was arrested in Canada and faces possible extradition to the United States, is exploring a defense that claims U.S. charges against her are politically motivated, the Globe and Mail newspaper reported on Monday.
 
Meng, the chief financial officer of China’s Huawei Technologies Co Ltd, is the central figure in a high-stakes dispute between the United States and China. Canada arrested Meng in December at the request of the United States and last month she was charged with wire fraud that violated U.S. sanctions on Iran.
 
  “The political overlay of this case is remarkable,” Richard Peck, lead counsel for Meng, told the Toronto newspaper in a telephone interview.
 
  “That’s probably the one thing that sets it apart from any other extradition case I’ve ever seen. It’s got this cloud of politicization hanging over it,” Peck added.
 
The office of Canadian Justice Minister David Lametti said it could not speculate on Meng’s possible defenses.
 
  “We are committed to a fair process unfolding before the courts and the steps undertaken by the Department of Justice Canada on this case have followed due process, in accordance with the Extradition Act, the Charter of Rights and Freedoms and our Treaty with the United States,” a spokeswoman for Canada’s Department of Justice said in an e-mailed statement.
 
Peck’s office did not respond to a request for comment. A Huawei spokesman declined comment.
 
In December, U.S. President Donald Trump said in a Reuters interview he would intervene in the Justice Department’s case against Meng if it would serve national security interests or help close a trade deal with China.
 
Canada fired John McCallum, its ambassador to China, in January after he said Meng could make a strong argument against being sent to the United States.
 
  “He [Mr. McCallum] mentions some of the potential defenses – and certainly, I think any person that knows this area would see the potential for those defenses arising,” Peck told the Globe and Mail.
 
Meng’s lawyers are also planning to challenge whether her alleged conduct would be deemed criminal under Canadian law, the Globe and Mail said.

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

NWS_a211
ST&R Trade Report: “No Plans to Delay China Tariff Increase as Talks Continue” 

 
After recent talks between U.S. and Chinese officials, President Trump said he currently has no plans to push back an increase in tariffs on imports from China. Unless the two sides reach an agreement on issues such as forced technology transfer, intellectual property protection, non-tariff barriers, and cyber theft, the U.S. is expected to increase from 10 percent to 25 percent its additional tariff on $200 billion worth of goods from China. (Click herefor more details on these and other developments in the U.S. Section 301 case against China.)
 
According to a White House press release, high-ranking officials from the U.S. and China discussed a wide range of issues Jan. 30-31 in Washington, including (1) the ways in which U.S. companies are pressured to transfer technology to Chinese companies, (2) the need for stronger protection and enforcement of intellectual property rights in China, (3) the tariff and non-tariff barriers faced by U.S. companies in China, (4) the harm resulting from China’s cyber-theft of U.S. commercial property, (5) how market-distorting forces, including subsidies and state-owned enterprises, can lead to excess capacity, (6) the need to remove market barriers and tariffs that limit U.S. sales of manufactured goods, services, and agriculture to China, (7) the role of currencies in the bilateral trading relationship, and (8) the need to reduce the growing trade deficit the U.S. has with China.
 
The U.S. is particularly focused on reaching meaningful commitments on structural issues and deficit reduction, the press release states, and both parties have agreed that any resolution will be fully enforceable.
 
U.S. Trade Representative Robert Lighthizer said the recent talks were “very intense” but “made progress.” However, he also said there are “a lot more issues to cover,” raising the question of whether the scheduled tariff increase might be delayed to allow more time to reach an agreement. The White House said March 1 is still “a hard deadline” but in comments to the press Trump was less definitive, stating that “I don’t think we have to extend” but acknowledging that the negotiations are “very complex.” The next round of talks is scheduled for mid-February when Lighthizer and Treasury Secretary Steve Mnuchin travel to China.

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

COMMCOMMENTARY

(Source: 
World Trade Controls Blog
, 4 Feb 2019.) 
 
* Author: Matt Buttner, Associate, Addleshaw Goddard, 

With the prospect of a no deal Brexit still on the table, and an exit date of 29 March 2019 creeping ever closer, the UK has taken an important step to allow a relatively smooth transition for companies exporting dual-use goods from the UK to other destinations in Europe.
 
As explained in a recent World Trade Controls post of 29 January 2019, no export license
is required for transfers of most dual-use goods between Member State countries. This is subject to some limited exceptions for certain more sensitive dual-use items. However, if and when the UK leaves the EU, this will no longer apply and all transfers of dual-use goods from the UK to the remaining Member States will be subject to export licensing requirements.
 
This means that exporters who are currently shipping controlled goods or transferring controlled software or technology from the UK to elsewhere in Europe will be required to apply for export licenses
in order to continue to do so. This will be a new process for some companies, particularly those whose main trading partners are located within the common market.
 
To address this issue, the EU recently took steps to add the UK to its list of countries covered by the Union General Export Authorization (EU001). This allows dual-use goods to be shipped to a number of destinations, including Australia, Canada, Japan, New Zealand, Norway, Switzerland and the USA. Exporters are required to register with their national export control authority in order to rely on this general license
, usually in several weeks in advance of the export, and must meet certain documentary and reporting requirements. This process is outlined in more detail in our blog post of 29 January.
 
On 1 February 2019, the UK export control authority announced that it had implemented a similar solution that will allow exports from the UK to the remaining EU Member States under an equivalent general license
: the Open General Export License
(Export of Dual-use items to EU Member States). This will come into effect at 23:00 GMT on 29 March 2019 in the event of a no deal Brexit.
 
As with the EU001, the use of this Open License
does involve some administrative burden for exporters. Companies must register to use the UK export licensing portal, known as SPIRE, before or within 30 days after the first occasion they make use of the license
. This means that the company will be subject to periodic compliance visits from the UK export control authority, to determine that appropriate export control procedures are in place and that the various license
conditions have been met. Exporters must maintain and retain records relating to each export made in reliance on the Open License
for at least three years from the end of the calendar year in which the export takes place, and must make these records available for inspection by the export control authority upon request.
 
In addition, when shipping the controlled items, the export documentation must make specific reference to the Open license
or to the exporter’s SPIRE reference number (sample text to this effect is included within the license
itself). The full conditions are set out in the published version of the Open License
, which is available here.
 
The Open License
is not available for exports of all dual-use items, including items listed in Annex IV of the EU dual-use list, items that may be used in connection with WMDs and certain military parts and components. It is therefore important that exporters seeking to rely on the license
review its precise conditions in advance to ensure their exports are not excluded from scope.
 
While exporters still face many challenges and uncertainties arising from Brexit, they may be somewhat reassured that some practical steps are being taken to address the issue of dual-use exports within Europe. Companies trading in dual-use goods should now be considering whether they should register for the EU001 or the Open License
(or both) to allow a smooth transition in the event of a no deal scenario on 29 March.

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

COM_a313. 
M. Volkov: “Export Control Reform: Major Changes for ITAR for Firearms Industry”
(Source: 
Volkov Law Group Blog, 4 Feb 2019. Reprinted by permission.) 
 
* Author: Michael Volkov, Esq., Volkov Law Group, 
mvolkov@volkovlaw.com, 240-505-1992. 
 
This week the Trump Administration is set to finalize new rules which will ease the regulatory and licensing burden on manufacturers of commercial firearms, ammunition and associated products.  These items will be transferred from the United States Munitions List (USML) under the jurisdiction of the Department of State’s Directorate of Defense Trade Controls (DDTC) to the Commerce Control List (CCL) under the jurisdiction of the Commerce Department’s Bureau of Industry and Security (BIS).  BIS has a much less onerous licensing system and does not impose a registration requirement on manufacturers.  
 
The proposed rules were published in May 2018 and are expected to be completed and released in the next few weeks.  The move of certain items from Categories I, II, and II of the USML to ECCN categories in the CCL 500 series (Categories I and III) and the 600 series (Category II) in the CCL, will complete the State Department’s review of all USML categories as a part of Export Control Reform started under the Obama Administration in 2010. A near identical rule was proposed and almost implemented when the Sandy Hook Elementary school shooting took place, and was thereafter withdrawn. 
 
The firearms industry has long advocated for this revision to help make the U.S. firearms industry more competitive with foreign producers and to alleviate the burden on small manufacturers and service providers (such as gunsmiths) who are currently required to register with DDTC and pay an annual fee despite not exporting their products and services abroad.
 
To be clear, the anticipated rules will not deregulate the transfer of firearms and related items.  They will move jurisdiction of certain firearms – those firearms commercial in nature (semi-automatic and single-shot firearms, i.e., can be found at Wal-Mart) from the USML to the CCL. Finished products will still require licenses.  Items that provide the U.S. “a critical military advantage or perform an inherently military function” such as automatic weapons, will remain on the USML.  This will enable DDTC to focus on regulating exports key to national security.
 
Also note that the new rules will not in any way alleviate restrictions on firearms licensing and sales imposed by the Bureau of Alcohol Tobacco and Firearms rules.
 
Firearms and associated item manufacturers and service providers should watch for these new rules and review their product lists to see if these new rules apply to them.  In this process, companies have to ensure that they carefully determine the applicable classification and document the basis for their determinations.

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


TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a114. 
ECTI Presents “DIY Encryption Classification 2019 Edition” Webinar, 12 Mar

(Source: D. Hatch, 
danielle@learnexportcompliance.com.)
 
* What: DIY Encryption Classification 2019 Edition
* When: March 12, 2019 1:00 p.m. (EDT)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker: Felice Laird
* Register: 
Here or Danielle Hatch, 540-433-3977, 

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

ENEDITOR’S NOTES

Dwight L. Moody (Dwight Lyman Moody; 5Feb 1837 – 22 Dec 1899; was an American evangelist and publisher connected with the Holiness Movement, who founded the Moody Church, Northfield School and Mount Hermon School in Massachusetts (now Northfield Mount Hermon School), Moody Bible Institute and Moody Publishers.)
  – “We are told to let our light shine, and if it does, we won’t need to tell anybody it does. Lighthouses don’t fire cannons to call attention to their shining – they just shine.”

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

EN_a316
. 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_a0317
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