19-0225 Monday “Daily Bugle'”

19-0225 Monday “Daily Bugle”

Monday, 25 February 2019

  1. DHS/CBP Welcomes Industry Feedback Concerning Form 19 (“Protest”)
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. Committee on Oversight and Reform Publishes Interim Staff Report Concerning “White House Efforts to Transfer Sensitive U.S. Nuclear Technology to Saudi Arabia”
  4. DoD/DSCA Policy Memos of Interest: Technology Transfer and Disclosure
  5. State/DDTC: (No new postings.)
  6. EU Prolongs Belarus Arms Embargo and Sanctions Against 4 Individuals
  7. EU Publishes Regulation Concerning Combined Nomenclature
  8. Dutch Government Publishes “Anti-Torture” Factsheet
  1. Intellinews: “Danske Bank Laundered Money for Ukrainian Arms Traffickers in North Korea and Iran”
  2. NPR: “CEO Of U.S. Gun-Maker Faces Jail in Germany”
  3. Reuters: “France Calls on Germany to Ease Arms Export Rules”
  4. Reuters: “U.S. Senators Press for Huawei to Be Excluded from Solar Power Market”
  1. A. Braumiller: “Trump Announces Delay of Section 301 Tariff Increase”
  2. J. Reeves & K. Heubert: “How the ITAR and EAR Treat Information in the Public Domain”
  3. M. Volkov: “OFAC Announces Two Sanctions Enforcement Settlements”
  1. Bartlett Law Firm Changes Name to Full Circle Trade Law, PLLC
  2. Monday List of Ex/Im Job Openings: 143 Openings Posted This Week, Including 10 New Openings
  1. ECS Presents “Mastering ITAR/EAR Challenges” on 30 Apr – 1 May in Nashville, TN
  2. 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 (12 Feb 2019) 
  3. Weekly Highlights of the Daily Bugle Top Stories 


DHS/CBP Welcomes Industry Feedback Concerning Form 19 (“Protest”)

Federal Register, 25 Feb 2019.) [Excerpts.] 
84 FR 6016-6017: Agency Information Collection Activities: Protest 
* AGENCY: U.S. Customs and Border Protection (CBP), Department of Homeland Security.
* ACTION: 60-Day notice and request for comments; extension of an existing collection of information.
* SUMMARY: The Department of Homeland Security, U.S. Customs and Border Protection will be submitting 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 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
* DATES: Comments are encouraged and must be submitted (no later than April 26, 2019) to be assured of consideration.
* ADDRESSES: Written comments and/or suggestions regarding the item(s) contained in this notice must include the OMB Control Number 1651-0017 in the subject line and the agency name. To avoid duplicate submissions, please use only 
one of the following methods to submit comments:
  (1) Email: Submit comments to: 
  (2) Mail: Submit written comments to CBP Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street NE, 10th Floor, Washington, DC 20229-1177.
* 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 
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 … 
Overview of This Information Collection
  – Title: Protest.
  – OMB Number: 1651-0017.
  – Form Number: CBP Form 19.
  – Current Action: CBP proposes to extend the expiration date of this information collection with no change to the burden hours or to the information collected.
  – Type of Review: Extension (without change).
  – Affected Public: Businesses.
  – Abstract: CBP Form 19, Protest, is filed to seek the review of a decision of an appropriate CBP officer. This review may be conducted by a CBP officer who participated directly in the underlying decision. This form is also used to request “Further Review,” which means a request for review of the protest to be performed by a CBP officer who did not participate directly in the protested decision, or by the Commissioner, or his designee as provided in the CBP regulations.
  The matters that may be protested include: the appraised value of merchandise; the classification and rate and amount of duties chargeable; all charges within the jurisdiction of the U.S. Department of Homeland Security; exclusion of merchandise from entry or delivery, or demand for redelivery; the liquidation or reliquidation of an entry; and the refusal to pay a claim for drawback.
  The parties who may file a protest or application for further review include: The importer or consignee shown on the entry papers, or their sureties; any person paying any charge or exaction; any person seeking entry or delivery, or upon whom a demand for redelivery has been made; any person filing a claim for drawback; or any authorized agent of any of the persons described above.
  CBP Form 19 collects information such as the name and address of the protesting party, information about the entry, detailed reasons for the protest, and justification for applying for further review.
  The information collected on CBP Form 19 is authorized by Sections 514 and 514(a) of the Tariff Act of 1930 and provided for by 
19 CFR part 174. This form is accessible 
  Dated: February 19, 2019.
Seth Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.

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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: Holders or Containers Which Enter the United States Duty Free [Pub. Date: 26 Feb 2019.]
* Treasury/OFAC; Notices; Blocking or Unblocking of Persons and Properties [Pub. Date: 26 Feb 2019.]

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Commerce/BIS: (No new postings.)


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Today, Rep. Elijah E. Cummings, the Chairman of the Committee on Oversight and Reform, issued an 
interim staff report after multiple whistleblowers came forward to warn about efforts inside the White House to rush the transfer of highly sensitive U.S. nuclear technology to Saudi Arabia in potential violation of the Atomic Energy Act and without review by Congress as required by law-efforts that may be ongoing to this day.  The report states:
The whistleblowers who came forward have expressed significant concerns about the potential procedural and legal violations connected with rushing through a plan to transfer nuclear technology to Saudi Arabia.  They have warned of conflicts of interest among top White House advisers that could implicate federal criminal statutes.  They have also warned about a working environment inside the White House marked by chaos, dysfunction, and backbiting.  And they have warned about political appointees ignoring directives from top ethics advisors at the White House who repeatedly and unsuccessfully ordered senior Trump Administration officials to halt their efforts.
The report warns that that White House efforts to transfer sensitive U.S. nuclear technology to Saudi Arabia may be accelerating after meetings last week at the White House and ahead of a planned visit to Saudi Arabia by the President’s son-in-law, Jared Kushner:
The Committee’s investigation is particularly critical because the Administration’s efforts to transfer sensitive U.S. nuclear technology to Saudi Arabia appear to be ongoing.  On February 12, 2019, the President met with nuclear power developers at the White House about sharing nuclear technology with countries in the Middle East, including Saudi Arabia.  In addition, next week Mr. Kushner will be embarking on a tour of Middle Eastern capitals-including Riyadh-to discuss the economic portion of the Administration’s Middle East peace plan.
The report highlights concerning events involving Saudi Arabia, including the brutal murder of 
Washington Post columnist Jamal Khashoggi, which was met with equivocation by President Trump and other top Administration officials, and the refusal by the White House to submit a report on Mr. Khashoggi’s killing that was requested on a bipartisan basis by the Senate Committee on Foreign Relations.
The report indicates that there is now serious, bipartisan concern with the Trump Administration’s efforts to transfer sensitive U.S. nuclear technology to Saudi Arabia.  For example, on October 31, 2018, Republican Senators Marco Rubio, Todd Young, Cory Gardner, Rand Paul, and Dean Heller sent a 
letter to President Trump urging him to “suspend talks related to a potential civil nuclear cooperation agreement between the United States and Saudi Arabia” due to “serious concerns about the transparency, accountability, and judgment of current decisionmakers in Saudi Arabia.”
The report describes 
new documents and communications between White House officials …. 
  – Click 
here to read the interim staff report.
  – Click 
here to read the documents released with the report.
  – Click 
here to read the letter to the White House.

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DoD/DSCA Policy Memos of Interest: Technology Transfer and Disclosure 

DoD/DSCA, 25 Feb 2019.) 
  The CJCSI 6510.06C, Communications Security Releases to Foreign Nations, and the Security Assistance Management Manual 5105.38-M, Chapter 3, Table C3.T8., requires Implementing Agencies (IAs) request an ATS from NSA for IFF Mode 5 cryptographic equipment and/or electronic key loaders offered for the first time to a foreign partner through any basic Letter of Offer and Acceptance (LOA) or Amendment to an implemented LOA. Under the new process, a single ATS can be submitted as authorization for the transfer of unlimited quantities of IFF Mode 5 cryptographic equipment and/or electronic key loaders on multiple LOAs. This change is part of an ongoing Communications Release reform effort to streamline and align policy guidance with the Committee on National Security Systems (CNSS) release authorization process, saving time and effort for the IAs and NSA Technology Security Foreign Disclosure (TSFD) offices that process authorization requests to sell these devices. 

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State/DDTC: (No new postings.)


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EU Prolongs Belarus Arms Embargo and Sanctions Against 4 Individuals

Council of the European Union, 25 Feb 2019.) 
Today the Council decided to prolong the restrictive measures against Belarus for one year, until 28 February 2020. These measures include an embargo on arms and on equipment that could be used for internal repression as well as an asset freeze and travel ban against four people designated in connection with the unresolved disappearances of two opposition politicians, one businessman and one journalist in 1999 and in 2000.
The Council also prolonged the derogation to the restrictive measures to allow the export of biathlon equipment and limited number of specific-use sporting rifles and sporting pistols to Belarus, which remain subject to prior authorization by national competent authorities on a case by case basis.
The restrictive measures against Belarus were initially introduced in 2004 in response to the disappearance of the four persons referred to above. Additional restrictive measures were later adopted against those involved in the violation of international electoral standards and international human rights law, as well as in the crackdown on civil society and democratic opposition.
The arms embargo was introduced in 2011. On 15 February 2016, the Council decided to lift the restrictive measures against 170 individuals and four companies, while maintaining the arms embargo and the sanctions against the four persons.
The legal acts were adopted by the Council by written procedure. They will be published in the Official Journal of 26 February 2019.

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EU Publishes Regulation Concerning Combined Nomenclature

Official Journal of the European Union, 25 Feb 2019.)

Commission Implementing Regulation (EU) 2019/321 of 18 February 2019 concerning the classification of certain goods in the Combined Nomenclature and repealing Implementing Regulation (EU) 2017/1232

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Dutch Government Publishes “Anti-Torture” Factsheet

Rijksoverheid, 22 Feb 2019.
The Dutch Ministry of Foreign Affairs has published on its website a factsheet concerning anti-torture goods (in Dutch). 
The factsheet explains what torture goods are and what is regulated, specifically pursuant to 
Regulation (EU) 2019/125, the EU regulation concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. 
The factsheet is available in PDF 

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Intellinews: “Danske Bank Laundered Money for Ukrainian Arms Traffickers in North Korea and Iran”

Intellinews, 24 Feb 2019.) [Excerpts.] 
Danske Bank, currently at the center of a $240bn Russian money laundering scandal, laundered money for the Ukrainian arms mafia’s sanctions-busting activities in North Korea and Iran as early as 2009, 
bne IntelliNews can reveal.
In December 2009, Thai police in Bangkok 
intercepted a flight en route from North Korea to Iran loaded with 40 tonnes of weaponry, including anti-aircraft rockets, in flagrant breach of UN sanctions on both countries. Images of the mystery flight 4L-AWA went round the world.
UN investigators quickly established that Danske Bank had laundered money from the deal. The plane flying the arms was chartered by a New Zealand shell firm, SP Trading Ltd, which banked at Danske Bank’s Estonia branch, the unit at the centre of the current controversy, a 
bne IntelliNews investigation discovered. … 

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NWS_a211NPR: “CEO Of U.S. Gun-Maker Faces Jail in Germany”

NPR, 25 Feb 2019.) [Excerpts.] 
A decade after Sig Sauer inked a deal to sell up to $306 million worth of pistols to Colombia’s National Police, company CEO Ron Cohen is facing jail time in Germany for making the sale.
German prosecutors accuse Cohen of colluding with Sig Sauer’s sister company in Germany to violate that country’s export rules. Under German law, companies are prohibited from exporting firearms or other weapons to countries in conflict. That includes Colombia, which is slowly emerging from a half-century of armed conflict.
German officials allege Sig Sauer manufactured at least 38,000 pistols in the company’s facility in the town of Eckernförde between 2009 and 2011, before shipping the weapons to its U.S. entity’s headquarters in New Hampshire, which then completed the transaction with Colombia. Sig Sauer is alleged to have covered up the shipment’s final destination by submitting false paperwork – so-called end-use certificates – to German export officials, stating that the weapons were bound solely for the United States. … 

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Reuters: “France Calls on Germany to Ease Arms Export Rules”

Reuters, 24 Feb 2019.) 
French Economy Minister Bruno Le Maire said on Sunday that Germany should ease its strict arms export rules for countries outside the European Union to strengthen the defense industry.
France has complained that joint arms manufacturing projects are being stalled by Berlin’s refusal to authorize future arms export licenses to Saudi Arabia, a major buyer.
Germany said in November it would reject future arms export licenses to Riyadh over the killing of Saudi journalist Jamal Khashoggi. It has not formally banned previously approved deals but has urged industry to refrain from such shipments for now.
  “It is useless to produce weapons through improved cooperation between France and Germany if we are unable to export them,” Le Maire told Welt am Sonntag newspaper.
  “If you want to be competitive and efficient, we need to be able to export to countries outside Europe,” Le Maire said.
The minister said France also had relatively strict rules for arms exports. “Our hope is that we will come to an agreement with Germany in this crucial point,” Le Maire said.
Germany and France are working on a joint proposal for arms export guidelines to non-European countries.
German Chancellor Angela Merkel said in January the EU must deepen cooperation in defense and in particular weapons systems development, warning Germans that they may need to make compromises on strict export controls.

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Reuters: “U.S. Senators Press for Huawei to Be Excluded from Solar Power Market” 

Reuters, 25 Feb 2019.) [Excerpts.] 
A bipartisan group of senators on Monday urged the U.S. government to block Huawei Technologies Co Ltd from supplying solar energy generators just as it has acted to keep the Chinese giant out of the U.S. telecommunications network. 
The 11 lawmakers urged the Department of Homeland Security and the Energy Department to prevent Huawei from providing solar inverters, which convert solar energy to power that is usable on power grids for U.S. energy companies.
  “Both large-scale photovoltaic systems and those used by homeowners, school districts, and businesses are equally vulnerable to cyberattacks. Our federal government should consider a ban on the use of Huawei inverters in the United 
States,” the lawmakers said in a letter.  … 
Huawei is a relatively recent entrant to the U.S. power market, but has developed a new generation of low-cost solar inverters, which convert, manage and monitor energy produced by solar panels for home use. 
The United States has sought to exclude Huawei from providing equipment like routers and switches to U.S. telecommunications companies, and has accused the firm of conspiring to violate U.S. sanctions on Iran and stealing U.S. technology.

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A. Braumiller: “Trump Announces Delay of Section 301 Tariff Increase”

(Source: IR Global, 25 Feb 2019.)
* Author: Adrienne Braumiller, Esq., Adrienne@BraumillerLaw.com. Of Braumiller Law Group, PLLC. 
President Donald Trump announced Sunday (Feb. 24th) on Twitter that he would be postponing an increase in tariffs against China, and that he plans to meet with Chinese President Xi Jinping to reach a conclusion on a final trade agreement. 
The President said that trade negotiations with China have been “very productive,” and subsequently, he would delay the tariffs, which were set to go into effect on March 1st, ahead of a meeting with President Xi at his Mar-A-Lago resort in Florida.
The President also stated on Twitter, “I am pleased to report that the U.S. has made substantial progress in our trade talks with China on important structural issues including intellectual property protection, technology transfer, agriculture, services, currency, and many other issues. As a result of these very productive talks, I will be delaying the U.S. increase in tariffs now scheduled for March 1st.”
He went on to say, “Assuming both sides make additional progress, we will be planning a Summit for President Xi and myself, at Mar-a-Lago, to conclude an agreement. A very good weekend for U.S. & China!”

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Information in the Public Domain”

Reeves & Dola LLP Alert, 22 Feb 2019.) [Available by subscription via 
* Authors: Johanna Reeves, Esq., 
jreeves@reevesdola.com; and  Katherine Heubert, Esq., 
kheubert@reevesdola.com. Both of Reeves & Dola LLP. 
Soon the U.S. Government is expected to publish final rules to remove most firearms and ammunition from U.S. Department of State export controls under the 
International Traffic in Arms Regulations (ITAR) (22 C.F.R. Parts 120-130) and over to the U.S. Department of Commerce export controls under the 
Export Administration Regulations (EAR) (15 C.F.R. Parts 730-774). To prepare for the change in regulatory landscape, businesses impacted by the transition should familiarize themselves with some new vocabulary, as the ITAR and EAR contain some very important distinctions. Over the next several weeks, we will issue a series of Alerts highlighting some of the key differences between the two sets of regulations.
One major point of diversion is how the ITAR and the EAR control information, or more specifically, the limits of said controls. As many already know, certain information that is widely available to the public is not necessarily restricted for export. The ITAR uses the phrase “public domain” as a defined term to identify information not subject to the ITAR. Conversely, the EAR refers to such information as “not subject to the EAR,” and requires a careful review of several sub-paragraphs in the regulations to determine whether the EAR applies. 
To illustrate, let’s look at information posted to the Internet. Under the ITAR, controlled technical data is not automatically removed from ITAR licensing by posting it to the Internet because the Internet is not considered to be “public domain.” Under the EAR, however, information is considered “published” as soon as it is posted to the Internet and therefore is “not subject to the EAR.”
The overview below shows the respective regulatory definitions side-by-side, to illustrate how the ITAR and EAR each carve out publicly available information from the respective controls.  As you will see, the scope of the ITAR definition is more narrowly constructed, thereby capturing more types of information controlled as related to defense articles.

Public Domain
22 C.F.R. § 120.11
Information which is published and which is generally accessible or available to the public:
  (1) Through sales at newsstands and bookstores; 
  (2) Through subscriptions which are available without restriction to any individual who desires to obtain or purchase the published information;
  (3) Through second class mailing privileges granted by the U.S. Government;
  (4) At libraries open to the public or from which the public can obtain documents;
  (5) Through patents available at any patent office;
  (6) Through unlimited distribution at a conference, meeting, seminar, trade show or exhibition, generally accessible to the public, in the United States;
  (7) Through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. government department or agency (see also 22 C.F.R. §125.4(b)(13));
  (8) Through fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community. Fundamental research is defined to mean basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. University research will not be considered fundamental research if:
    (i) The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity, or
    (ii) The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable.

“Not subject to the EAR”
15 C.F.R. § 734.3(b)
The following items are “not subject to the EAR”:
  (1) Items that are exclusively controlled for export or reexport by the following departments and agencies of the U.S. Government which regulate exports or reexports for national security or foreign policy purposes [
see list in § 734.3(b)(1)];
  (2) Prerecorded phonograph records reproducing in whole or in part, the content of printed books, pamphlets, and miscellaneous publications, including newspapers and periodicals; printed books, pamphlets, and miscellaneous publications including bound newspapers and periodicals; children’s picture and painting books; newspaper and periodicals, unbound, excluding waste; music books; sheet music; calendars and calendar blocks, paper; maps, hydrographical charts, atlases, gazetteers, globe covers, and globes (terrestrial and celestial); exposed and developed microfilm reproducing, in whole or in part, the content of any of the above; exposed and developed motion picture film and soundtrack; and advertising printed matter exclusively related thereto.
  (3) Information and “software” that:
     (i) Are published, as described in § 734.7 [See definition below];
    (ii) Arise during, or result from, fundamental research, as described in § 734.8;
    (iii) Are released by instruction in a catalog course or associated teaching laboratory of an academic institution;
    (iv) Appear in patents or open (published) patent applications available from or at any patent office, unless covered by an invention secrecy order, or are otherwise patent information as described in § 734.10;
    (v) Are non-proprietary system descriptions; or
    (vi) Are telemetry data as defined in Note 2 to Category 9, Product Group E (see Supplement No. 1 to part 774 of the EAR).
NOTE TO PARAGRAPHS (b)(2) AND (b)(3): A printed book or other printed material setting forth encryption source code is not itself subject to the EAR (see § 734.3(b)(2)). However, notwithstanding § 734.3(b)(2), encryption source code in electronic form or media (e.g., computer diskette or CD ROM) remains subject to the EAR (see § 734.17)). Publicly available encryption object code “software” classified under ECCN 5D002 is not subject to the EAR when the corresponding source code meets the criteria specified in § 742.15(b) of the EAR.
NOTE TO PARAGRAPH (b)(3): Except as set forth in part 760 of this title, information that is not within the scope of the definition of “technology” (see § 772.1 of the EAR) is not subject to the EAR.
15 C.F.R. § 734.7
(a) Except as set forth in § 734.7(b) of this section, unclassified “technology” or “software” is “published,” and is thus not “technology” or “software” subject to the EAR, when it has been made available to the public without restrictions upon its further dissemination such as through any of the following:
  (1) Subscriptions available without restriction to any individual who desires to obtain or purchase the published information;
  (2) Libraries or other public collections that are open and available to the public, and from which the public can obtain tangible or intangible documents;
  (3) Unlimited distribution at a conference, meeting, seminar, trade show, or exhibition, generally accessible to the interested public;
  (4) Public dissemination (i.e., unlimited distribution) in any form (e.g., not necessarily in published form), including posting on the Internet on sites available to the public; or
  (5) Submission of a written composition, manuscript, presentation, computer-readable dataset, formula, imagery, algorithms, or some other representation of knowledge with the intention that such information will be made publicly available if accepted for publication or presentation:
    (i) To domestic or foreign co-authors, editors, or reviewers of journals, magazines, newspapers or trade publications;
    (ii) To researchers conducting fundamental research; or
    (iii) To organizers of open conferences or other open gatherings. 
(b) Published encryption software classified under ECCN 5D002 remains subject to the EAR unless it is publicly available encryption object code software classified under ECCN 5D002 and the corresponding source code meets the criteria specified in §742.15(b) of the EAR.
Stay tuned for an upcoming alert that delves into the differences between other key terms in the ITAR and EAR.

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Volkov Law Group Blog, 14 Feb 2019. Reprinted by permission.) 
* Author: Michael Volkov, Esq., Volkov Law Group, 
mvolkov@volkovlaw.com, 240-505-1992. 
What a difference a year makes – The Treasury Department’s Office of Foreign Asset Control (“OFAC”) announced two sanctions settlements in the beginning of 2019, a stark difference from 2018 when OFAC announced its first enforcement action in June 2018.
ELF Cosmetics 
On January 31, 2019, OFAC announced a $996,080 settlement with e.l.f. Cosmetics, Inc. (“ELF”), a California cosmetics company for violation of the North Korean Sanctions Regulations.  (Copy 
HERE). ELF violated the North Korea sanctions by importing 156 shipments of false eyelash kits from two suppliers in China that contained materials sourced by these suppliers from North Korea.  The total value of the illegal shipments was approximately $4.4 million.  ELF’s OFAC compliance program was non-existent or inadequate.
ELF’s violations and failure to act occurred as part of its supply chain risk management.  ELF failed to discover that approximately 80 percent of the false eyelash kits supplied by two of ELF’s China-based suppliers contained materials from North Korea.  ELF self-disclosed the apparent violations.
As noted by OFAC, ELF failed to exercise sufficient supply chain due diligence while sourcing products from a region that poses a high risk of connection to North Korea.  To remediate, ELF: (1) implemented supply chain audits that verify the country of origin of goods and services used in ELF products; (2) adopted new procedures to require suppliers to sign certificates of compliance stating that they will comply with all U.S. export controls and trade sanctions; (3) conducted an enhanced supplier audit that included verification of payment information related to production materials and review of supplier bank statements.
According to OFAC:

This enforcement action highlights the risks for companies that do not conduct full-spectrum supply chain due diligence when sourcing products from overseas, particularly in a region in which the DPRK, as well as other comprehensively sanctioned countries or regions, is known to export goods. OFAC encourages companies to develop, implement, and maintain a risk-based approach to sanctions compliance and to implement processes and procedures to identify and mitigate areas of risks. Such steps could include, but are not limited to, implementing supply chain audits with country-of-origin verification; conducting mandatory OFAC sanctions training for suppliers; and 
routinely and frequently performing audits of suppliers.
On February 7, 2019, OFAC announced a settlement with Kollmorgen Corporation, a Virginia based company, on behalf of its Turkish affiliate, Elsim Elektroteknik (“Elsim”), for $13,381 for six apparent violations of the Iran Sanctions Program. (Copy 
HERE). In conjunction with this enforcement action, OFAC sanctione Evren Kayakiran, the Elsim manager primarily responsible for the conduct that led to the Apparent Violations
Between 2013 and 2015, Elsim serviced machines containing Elsim products located in Iran and provided products, parts or services valued at $14,867 with knowledge they were destined to Iran end-users.
Kollmorgen acquired Elsim in early 2013, thereby making Elsim subject to the Iran Sanctions Program. Kollmorgen hired a law firm and external auditing and consulting company to perform sanctions due diligence on Elsim. The pre-acquisitioin due diligence identified that Elsim conducted business with customers in Iran. 
To address this problem, Kollmorgen implemented a pre- and post-acquisition compliance strategy which include: (1) identifying Elsim’s Iran-related customers and applying controls to block those customers from making future orders; (2) communicating with Elsim employees of U.S. sanctions against Iran, the legal requirement for Elsim to comply with the ITSR, and Elsim’s obligation to not sell products or services to Iran; (3) conducting in-person trainings for Elsim’s employees regarding Kollmorgen’s trade compliance policies; (4) on a proactive and continuing basis, performing additional manual reviews of Elsim’s customer database to identify any sanctions-related customers; (5) requiring Elsim’s senior management to certify, on a quarterly basis, that no Elsim products or services were being sent or provided to Iran; and (6) ordering Elsim’s senior management to immediately cease transactions with Iran, including any technical support. 
Notwithstanding these efforts, Elsim employees continued to deal with Iran customers and specifically to hide such activities from Kollmorgen.  Elsim willfully, and with full knowledge of the applicable prohibitions, dispatched employees to Iran to fulfill service agreements and engaged in other transactions related to Iran. Elsim management threatened to fire employees if they refused to travel to Iran. Upon returning from the service trips in Iran, Elsim employees were directed by Elsim management to falsify corporate records by listing the travel as vacation rather than business related.
Over the two years the transactions took place, Elsim management regularly and fraudulently certified to Kollmorgen that no Elsim products or services were being sent to Iran. It was only after an Elsim employee filed an internal complaint with Kollmorgen via the company’s ethics hotline in late October 2015 that the violative conduct came to light.
Elsim managers attempted to obstruct the investigation by instructing Elsim employees to delete references to Iran in company records and misleading Kollmorgen’s attorneys. Finally, Elsim managers also attempted to delete emails related to Iran. Despite this obstruction, Kollmorgen uncovered the Apparent Violations, conducted a full investigation, and disclosed its findings to OFAC in a comprehensive report.
Kollmorgen terminated the Elsim managers responsible for, and involved in, the Apparent Violations, and undertook new remediation efforts including enhanced training, requiring pre-approval from an officer outside Turkey for service trips, and requiring Elsim to notify its major Turkish customers that Elsim cannot provide goods or services to Iran.
According to OFAC:

This case highlights the importance of: (1) performing heightened due diligence, particularly with regard to affiliates, subsidiaries, or counter-parties known to transact with OFAC sanctioned countries or persons, or that otherwise pose high-risks due to their geographic location, customers and/or suppliers, or products and services they offer; and (2) implementing proactive controls when U.S. persons, directly or indirectly, acquire companies with preexisting relationships with sanctioned persons and jurisdictions.

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


MS_a017Bartlett Law Firm Changes Name to Full Circle Trade Law, PLLC

(Source: Editor)
The law firm previously known as 
Law Firm of James E. Bartlett III, PLLC, has changed its name to 
Full Circle Trade Law, PLLC.  The main office of the firm
 remains at 1300 Pennsylvania Ave, NW, Suite 700, Washington DC, 20004, in the Ronald Reagan International Trade Center, across the street from Commerce Department headquarters.  Jim Bartlett is the firm’s Principal Attorney.  Full Circle Trade Law is associated with FCC Advisory B.V., of Bruchem, the Netherlands, DBA
Full Circle Compliance (“FCC”), where Jim Bartlett is a partner.  Members of FCC will be available as non-legal compliance specialists to assist clients of the law firm.  Contact Jim Bartlett at 1-202-802-0646 or 

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

MS_a118. Monday List of Ex/Im Job Openings: 143 Openings Posted This Week, Including 10 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 


” New or amended listing this week


* 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; Getafe, Spain; Technology Control Officer; Requisition ID: 10445139 LM EN EXT 1

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

* Ajilon; High Point, NC; Director of Trade and Compliance (Supply Chain); Requisition ID: US_EN_7_849133_2637004

AM General; Auburn Hills, MI; 
International Compliance Analyst
Amazon Web Services; Seattle, WA; Trade Compliance Manager, Export Controls & Classification; Requisition ID: 787194;

Analog Devices; Chelmsford, MA; 
Import-Export Analyst

* 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; 
# * BAE Systems; Minneapolis, MN; Export Compliance Officer/Empowered Official

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

* BAE Systems; Poznan, Poland; 
Export Control Officer
; Requisition ID: 68780

BAE Systems; Sterling Heights, MI; 
Senior Procurement Compliance Analyst
; Requisition ID: 4BR
* Baker Hughes; Aberdeen, UK; Trade Compliance Classification Analyst; Requisition ID: 1902478; 

Beiersdorf; Hamburg, Germany; International Trade Expert;

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

* Boeing; Englewood, CO; 
Trade Control Specialist
; Requisition ID: 1900035024

* Boeing; Huntsville, Alabama; 
Program ITAR Export Specialist (ITC)
; Requisitin ID: 1900003717

* Bosch USA; Owatonna, MN; Import/Export Compliance Analyst

* Bristol-Myers Squibb; New Brunswick, NJ; 
Director Global Customs & Trade
; Requisition ID: R1509390_EN

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

* Carnegie Mellon University; Pittsburgh, PA; Export Compliance Manager;

CISCO; Amsterdam, The Netherlands; 
Global Export Trade Manager – EMEAR

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

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

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

* Eaton; Cuautitlan, Mexico; 
Import and Export Analyst
; Requisition ID: 064734
* Eaton; Titchfield, United Kingdom; 
UK Export Licensing Officer
; Requisition ID: 056506

EDCO; Eindhoven, the Netherlands; Customs & Trade Compliance Coordinator

ELTA North America; Baltimore, MD; 
Compliance Officer

* Energy Resourcing Group; Houston, TX; 
Trade Compliance Analyst

* 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;

* European Central Bank; Frankfurt, Germany; 
Principal Supervisor (Enforcement & Sanctions)
; Requisition ID: 2019-035-EXT

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

* Expeditors; Sunnyvale, CA, USA; Customs Compliance Specialist;

* Export Compliance Solutions/ECScreening; Remote; Sales Representative

* 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; multiple locations in the U.S.; 
Project Coordinator OCR EASE Global Trade Compliance
; Requisition ID: REQ11768
* FLIR; Richmond, BC, Canada; 
Global Trade Compliance – Site Trade Compliance Operations Leader
; Requisition ID: REQ11591

* Forcepoint; Herndon, Virginia; 
Sr. Trade Compliance Specialist
; Requisition ID: JR460234

* 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 Atomics; San Diego, CA; 
Trade Compliance Classification Leader
; Requisition ID: 22671BR

* General Atomics; San Diego, CA; 
Export Controls Leader – Technology
; Requisition ID: 22644BR

* General Dynamics; Falls Church, VA; Manager, Intl Trade Compliance; Requisition ID: 2018-50910;

Google; Mountain View, CA; Trade Specialist, Export Compliance;  
* GSK; Research Triangle Park, NC; Trade Compliance COE Manager; Requisition ID: WD184670; 

* Gulfstream Aerospace; Savannah, GA;
Trade Compliance Project Manager II
; Requisition ID: 143118

* Gulfstream Aerospace; Savannah, GA;
Trade Compliance Project Manager Sr
; Requisition ID: 142611

* 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; multiple locations, United States; Export Compliance Manager (North America); Requisition ID: HRD45798;
* Honeywell; Kansas City, MO; Import/Export Compliance Leader; Requisition ID: req177780;
* Honeywell; Prague, Czech Republic; Export Compliance Officer; Requisition ID: req179383;

* 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; Tijuana, Mexico; Import-Export Manager;

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

 InteliTrac Global Solutions; Herndon, VA;
ITAR Compliance Official

* Invista; Wichita, KS; 
International Trade Compliance Manager
; Requisition ID: 060999

IPG Photonics; Oxford, MA; 
Global Director Trade Compliance
 IPG Photonics; Oxford, MA;
Global Director Trade Compliance 

* 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;

Keeco Home; Hayward, CA; Director Customs and Compliance

* Kellogg’s; Bucharest, Romania; Export Documents & Customs Coordinator; Requisition ID: LOG003008;

* 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

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

* Lockheed Martin; Arlington, VA; International Licensing Analyst; Requisition ID: 468160BR;

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

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

* Lockheed Martin; Orlando, FL; 
International Trade Compliance Specialist / International Licensing Analyst
; Requisition ID: 467458BR
* Lumentum; Milpitas, CA; 
Legal Trade Compliance Intern
; Requisition ID: 2018221

* 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;

* Metso; Beijing or Tianjin or Shanghai, China; Trade Compliance Manager APAC; Requisition ID: 83732;
* Metso; Helsinki or Vantaa or Tampere, Finland; Trade Compliance Manager EMEA; Requisition ID: 83711;

Mohawk Global Trade Advisors; Chicago, IL; 
Vice President and General Manager of Consulting Division
; Contact: CSardella@mohawkglobal.com;  
* Moog Aircraft Group; Torrance, CA; Senior Trade Compliance Specialist; Requisition ID: 190620;    

 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;

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

* Polaris; Minneapolis, MN; Mgr, Export Compliance; Requisition ID: 12882BR;

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

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

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

* Raytheon; Tucson, AZ; 
Trade Compliance Empowered Official

; Requisition ID: 

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

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

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

* Rolls Royce; Bangalore, India; 
Export Control Officer – GBS
; Requisition ID: JR6042607

 SABIC; Houston TX; 
Senior Analyst, Trade Compliance
; Requisition ID: 8411BR
SC Johnson; Kuala Lumpur, Malaysia; Senior Analyst, Global Trade Compliance; Requisition ID: 1525;

* Shell; Krakow, Poland; Trade Compliance Manager; Requisition ID: 100384BR;

* Shell; London, United Kingdom; 
Trade Compliance Manager – Trading
; Requisition ID: 96669BR

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;  

* StanleyBlack&Decker; Southington, CT; 
Trade Compliance Specialist/Analyst
; Requisition ID: 58390BR

Symantec; Tempe, AZ; 
Trade Compliance Analyst
; Requisition ID: 47108;
TE Connectivity; El Cajon, CA or Middletown, PA; Licensing Specialisttbaker@te.com; Requisition 40514

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

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

* 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:

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

* Trek Bicycle; Waterloo, WI; 
Trade Compliance Manager

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

* United Technologies – Pratt & Whitney; East Hartford, CT; 
ITC Licensing Specialist
; Requisition ID: 01289652

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

* Velocity Electronics; Austin, TX; 
Director of Global Trade Compliance
* Volvo Car Group; Gothenburg, Sweden, 
Export Controls Classifier

 Requisition ID: 21434
* Volvo Car Group; Gothenburg, Sweden; 
Head of Export Controls

; Requisition ID: 21435

* Volvo Car Group; Göteborg, Sweden; 
Technical Expert – Export Controls;

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

* Wellesley Asset Management; Wellesley, MA; Chief Compliance Officer;

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

* Xpand Group: Hong Kong, China; 
Compliance Analyst
; Requisition ID: G-REQ-00169936
* Xpand Group: Hong Kong, China; 
Trade Compliance Manager;

* YETI Coolers; Austin, TX; 

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ECS Presents “Mastering ITAR/EAR Challenges” on 30 Apr – 1 May in 
Nashville, TN

(Source: S. Palmer, 
* What: Mastering ITAR/EAR Challenges; Nashville, TN
* When: April 30-May 1, 2019
* Sponsor: Export Compliance Solutions (ECS)
* ECS Speaker Panel:  Suzanne Palmer; Lisa Bencivenga; Timothy Mooney, Debi Davis, Matthew McGrath, Matt Doyle
* Register 
 or by calling  866-238-4018 or email 

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

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: drs. Ghislaine C.Y. Gillessen, Michael E. Farrell (ITAR), and drs. Alexander P. Bosch (EAR)
* Information & Registration: HERE, or contact us at 

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


Steve Jobs (Steven Paul Jobs; 24 Feb 1955 – 5 Oct 2011; was an American business magnate and investor. He was the chairman, chief executive officer, and co-founder of Apple Inc.; chairman and majority shareholder of Pixar; a member of The Walt Disney Company’s board of directors following its acquisition of Pixar; and the founder, chairman, and CEO of NeXT. Jobs is widely recognized as a pioneer of the microcomputer revolution of the 1970s and 1980s, along with Apple co-founder Steve Wozniak.)
“Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do. If you haven’t found it yet, keep looking. Don’t settle. As with all matters of the heart, you’ll know when you find it.”
  – “Stay hungry, stay foolish.”
Monday is pun day:
* I’m trying to date a philosophy professor, but she doesn’t even know if I exist.
* I waited and stayed up all night and tried to figure out where the sun was.  Then it dawned on me.
* I told my friend ten jokes to get him to laugh. Sadly, no pun in ten did.

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. 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.   


  – 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 2019: 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: 
12 Feb 2019: 
Harmonized System Update 1901
 [contains 397 ABI records and 89 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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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 

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


* 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.

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