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19-0319 Tuesday “Daily Bugle”

19-0319 Tuesday “Daily Bugle”

Tuesday, 19 March 2019

TOPThe Daily Bugle is a free daily newsletter from Full Circle Compliance, containing changes to export/import regulations (ATF, DOE/NRC, Customs, NISPOM, EAR, FACR/OFAC, FAR/DFARS, FTR/AES, HTSUS, and ITAR), plus news and events. Subscribe here for free subscription.

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  1. President Takes Additional Steps Concerning National Emergency with Respect to Transnational Criminal Organizations
  2. State Publishes Final Rule on Civil Monetary Penalties Inflationary Adjustment; Amends ITAR Part 127
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.)
  3. Commerce/Census Publishes Tips on How to Resolve AES Response Messages
  4. Commerce/Census Updates One Country Code in the AES
  5. State/DDTC: (No new postings.)
  6. EU Amends Restrictive Measures Concerning Iraq, ISIL (Da’esh), and Al-Qaida
  7. EU Council Adopts a Series of Contingency Measures For a “No-Deal” Scenario
  8. German BAFA Publishes Preliminary Information on Renewal and Amendment of Multiple General Authorizations
  1. Expeditors News: “The Next Customs Broker Exam is April 24, 2019”
  1. N. Donovan: “Treasury Committee Reports on Economic Sanctions Implementation in the UK”
  1. ECS Presents “Mastering ITAR/EAR Challenges” on 30 Apr – 1 May in Nashville, TN

  2. ICPA Presents “2019 EU Conference”, 15-17 May in London
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: DHS/Customs (12 Mar 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 (14 Mar 2019), DOS/ITAR (19 Mar 2019), DOT/FACR/OFAC (15 Mar 2019), HTSUS (7 Mar 2019) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1
.
President Takes Additional Steps Concerning National Emergency with Respect to Transnational Criminal Organizations

(Source:
Federal Register, 19 Mar 2019.)
 
84 FR 10255: Taking Additional Steps to Address the National Emergency with Respect to Significant Transnational Criminal Organizations
 
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code;
 
I, DONALD J. TRUMP, President of the United States of America, in order to take additional steps to deal with the national emergency with respect to significant transnational criminal organizations declared in Executive Order 13581 of July 24, 2011 (Blocking Property of Transnational Criminal Organizations), in view of the evolution of these organizations as well as the increasing sophistication of their activities, which threaten international political and economic systems and pose a direct threat to the safety and welfare of the United States and its citizens, and given the ability of these organizations to derive revenue through widespread illegal conduct, including acts of violence and abuse that exhibit a wanton disregard for human life as well as many other crimes enriching and empowering these organizations, hereby order:
 
Section 1. Subsection (e) of section 3 of Executive Order 13581 is hereby amended to read as follows:
 
”(e) the term ”significant transnational criminal organization” means a group of persons that includes one or more foreign persons; that engages in or facilitates an ongoing pattern of serious criminal activity involving the jurisdictions of at least two foreign states, or one foreign state and the United States; and that threatens the national security, foreign policy, or economy of the United States.”
 
Sec. 2. (a) Nothing in this order shall be construed to impair or otherwise affect:
 
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
 
   The White House,
   March 15, 2019.

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EXIM_a2

2. State Publishes Final Rule on Civil Monetary Penalties Inflationary Adjustment; Amends ITAR Part 127
(Source:
Federal Register, 19 Mar 2019.) [Excerpts.]
84 FR 9957-9959: Department of State 2019 Civil Monetary Penalties Inflationary Adjustment
 
* AGENCY: Department of State.
* ACTION: Final rule.
* SUMMARY: This final rule is issued to adjust the civil monetary penalties (CMP) for regulatory provisions maintained and enforced by the Department of State. The revised CMP adjusts the amount of civil monetary penalties assessed by the Department of State based on the December 2018 guidance from the Office of Management and Budget. The new amounts will apply only to those penalties assessed on or after the effective date of this rule, regardless of the date on which the underlying facts or violations occurred.
* DATES:
This final rule is effective on March 19, 2019.
* FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Attorney-Adviser, Office of Management,
kottmyeram@state.gov. ATTN: Regulatory Change, CMP Adjustments, (202) 647-2318.
* SUPPLEMENTARY INFORMATION: … On December 14, 2018, OMB notified agencies that the annual cost-of-living adjustment multiplier for 2019, based on the Consumer Price Index, is 1.02522. Additional information may be found in
OMB Memorandum M-19-04. This final rule amends Department CMPs for fiscal year 2019.
 
Overview of the Areas Affected by This Rule
 
Within the Department of State (title 22, Code of Federal Regulations), this rule affects four areas:
  (1) Part 35, which implements the Program Fraud Civil Remedies Act of 1986 (PFCRA), codified at 31 U.S.C. 3801-3812;
  (2) Part 103, which implements the Chemical Weapons Convention Implementation Act of 1998 (CWC Act);
  (3) Part 127, which implements the penalty provisions of sections 38(e), 39A(c), and 40(k) of the Arms Export Control Act (AECA) (22 U.S.C. 2778(e), 2779a(c), 2780(k)); and
  (4) Part 138, which implements Section 319 of Public Law 101-121, codified at 31 U.S.C. 1352, and prohibits recipients of Federal contracts, grants, and loans from using appropriated funds for lobbying the Executive or Legislative Branches of the Federal government in connection with a specific contract.
 
Specific Changes to 22 CFR Made by This Rule
 
(I) Part 35
 
The PFRCA, enacted in 1986, authorizes agencies, with approval from the Department of Justice, to pursue individuals or firms for false claims. Applying the 2019 multiplier (1.02522), the new maximum liabilities are as follows: $11,463, up to a maximum of $343,903.
 
(II) Part 103
 
The CWC Act provided domestic implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction. The penalty provisions of the CWC Act are codified at 22 U.S.C. 6761. Applying the 2019 multiplier (1.02522), the new maximum amounts are as follows: Prohibited acts related to inspections, $38,549; for Recordkeeping violations, $7,710.
 
(III) Part 127
 
The Assistant Secretary of State for Political-Military Affairs is responsible for the imposition of CMPs under the International Traffic in Arms Regulations (ITAR), which is administered by the Directorate of Defense Trade Controls (DDTC).
  (1) AECA section 38(e): Applying the 2019 multiplier (1.02522), the new maximum penalty under 22 U.S.C. 2778 (22 CFR 127.10(a)(1)(i)) is $1,163,217.
  (2) AECA section 39A(c): Applying the multiplier, the new maximum penalty under 22 U.S.C. 2779a (22 CFR 127.10(a)(1)(ii)) is $845,764, or five times the amount of the prohibited payment, whichever is greater.
  (3) AECA section 40(k): Applying the multiplier, the new maximum penalty under 22 U.S.C. 2780 (22 CFR 127.10(a)(1)(iii)) is $1,006,699.
 
(IV) Part 138
 
Section 319 of Public Law 101-121, codified at 31 U.S.C. 1352, provides penalties for recipients of Federal contracts, grants, and loans who use appropriated funds to lobby the Executive or Legislative Branches of the Federal government in connection with a specific contract, grant, or loan. Any person who violates that prohibition is subject to a civil penalty. The statute also requires each person who requests or receives a Federal contract, grant, cooperative agreement, loan, or a Federal commitment to insure or guarantee a loan, to disclose any lobbying; there is a penalty for failure to disclose.
The maximum penalties for both improper expenditures and failure to disclose, is: For first offenders, $19,809; for others, not less than $20,134, and not more than $201,340.
 
Summary

Effective Date of Penalties
 
The revised CMP amounts will go into effect on the date this rule
is published. All violations for which CMPs are assessed on or after the effective date of this rule, regardless of whether the violation occurred before the effective date, will be assessed at the adjusted penalty level. …
 
Dated: February 27, 2019.
 
Alicia Frechette, Executive Director, Office of the Legal Adviser and Bureau of Legislative Affairs, Department of State.
 

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OGSOTHER GOVERNMENT SOURCES

OGS_a13
. Items Scheduled for Publication in Future Federal Register Editions
 

(Source:
Federal Register)
 

[No items of interest noted today.]

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

OGS_a03
4. C
ommerce/BIS: (No new postings.)

(Source:
Commerce/BIS)

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OGS_a4
5. Commerce/Census Publishes Tips on How to Resolve AES Response Messages
(Source: Commerce/BIS, 19 Mar 2019.) [Available by subscription via
census@subscriptions.census.gov.]
 
When a shipment is filed to the AES, a system response message is generated and indicates whether the shipment has been accepted or rejected. If the shipment is accepted, the AES filer receives an Internal Transaction Number (ITN) as confirmation. Though the shipment is accepted, the filer may still receive a Verify Message, Compliance Alert, Informational Message or Warning Message along with their ITN. However, if the shipment is rejected, a Fatal Error notification is received and must be corrected to receive a valid ITN.
 
To help you take the appropriate action for the different AES Response Messages, here are some tips on how to address the most frequent messages that were generated in AES for this month.
 
Response Code: 166
 
  – Narrative: Transportation Reference Number Missing
  – Severity: Fatal
  – Reason: The Mode of Transportation is declared as Vessel and the Transportation Reference Number is missing.
 
Resolution: A number referencing the transportation booking number must be declared on a vessel shipment.
 
Verify the Transportation Reference Number, correct the shipment and resubmit.
 
Response Code: 8H1
 
  – Narrative: Value/Quantity 1 Out of Range – High
  – Severity: Verify
  – Reason: For the reported Schedule B/HTS Number, the Value of Goods/Quantity (1) ratio is outside of the expected range. The ratio is too high.
 
Resolution: For a particular Schedule B/HTS Number declared, the value of the goods divided by the first quantity should fall within a certain parameter based on historical statistical averages for that commodity. Ratios outside this pre-determined parameter might indicate either a keying error or misclassification of the product.
 
Verify the Value of Goods, Quantity 1 and Schedule B/HTS Number, correct the shipment and resubmit (if necessary). If the line item is verified correct as reported, no action is necessary.
 
AES Training Services can be found
here.
 
For a complete list of AES Response Codes, their reasons, and resolutions, see
Appendix A – Commodity Filing Response Messages.
 
It is important that AES filers correct Fatal Errors as soon as they are received in order to comply with the Foreign Trade Regulations. These errors must be corrected prior to export for shipments filed predeparture and as soon as possible for shipments filed postdeparture but not later than five calendar days after departure.
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OGS_a5
6. Commerce/Census Updates One Country Code in the AES

(Source: Commerce/BIS, 19 Mar 2019.) [Available by subscription via
census@subscriptions.census.gov.]
 
The Census Bureau updated the following Country Name in the Automated Export System (AES):
 
– Old Country Name: Macedonia
     
– New Country Name: North Macedonia
   
– ISO Country Code: MK
 
The ISO Country Code will remain the same.
All ISO Country Codes can be found
here

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OGS_a6
7.
State/DDTC: (No new postings.)
(Source:
State/DDTC)

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OGS_a7
8.
EU Amends Restrictive Measures Concerning Iraq, ISIL (Da’esh), and Al-Qaida
(Source:
Official Journal of the European Union, 19 Mar 2019.)
 
*
Commission Implementing Regulation (EU) 2019/431 of 18 March 2019 amending for the 296th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations
      
*
Commission Implementing Regulation (EU) 2019/432 of 18 March 2019 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

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

(Source:
Council of the European Union, 19 Mar 2019.) [Excerpts.]
 
The Council today adopted a series of legislative acts as part of its contingency preparations for a “no-deal” Brexit scenario.
The aim of these acts is to limit the most severe damage caused by a disorderly Brexit in specific sectors where it would create a major disruption for citizens and businesses. They come on top of other measures, such as on citizens’ rights, adopted by member states as part of their preparations for a “no-deal” scenario.
 
These measures are temporary in nature, limited in scope and adopted unilaterally by the EU. They are in no way intended to replicate the full benefits of EU membership or the terms of any transition period, as provided for in the withdrawal agreement. In some areas, they are conditional upon the UK’s reciprocal action. …
 
Transport
 
The EU has taken temporary measures to ensure basic air transport connectivity and basic road freight and road passenger connectivity in the event of a “no-deal” Brexit. These measures require reciprocity from the UK side. Rules are also in place to make sure that flying between the EU and the UK remains safe.
In addition, the EU has adapted its trans-European transport networks to ensure continuity for infrastructure investment. Amended legislation on ship inspection organizations will provide legal certainty for ship operators when the UK leaves the EU.
 
Dual-Use Items
 
The Council has also adopted an amendment to the regulation for the export of certain dual-use items to include the UK under the list of low-risk third countries covered by the EU general export authorizations.
 
Dual-use items are materials, equipment and technology which can be used for both civilian and military purposes, including the proliferation and delivery of nuclear, chemical or biological weapons. Under EU law, their exports to third countries are controlled. EU general export authorizations allow for the export of these items to low-risk countries under certain conditions.
 
Entry Into Force And Application
 
The legislative acts adopted today will enter into force a day after publication and start to apply the day after the UK’s withdrawal in the event of a “no-deal” Brexit.
 
Legislative Acts

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OGS_a8
10. German BAFA Publishes
Preliminary Information on the Renewal and Amendment of Multiple General Authorizations
(Source:
BAFA
, 19 Mar 2019.)
 

The German Federal Office for Economic Affairs and Export Control (“BAFA”) published
preliminary information on the renewal and amendment of General Authorizations No. 12 to 14, 16 and 17 and the publication of General Authorization No. 15 concerning the export of dual-use items listed in the Annex I of the EC dual-use regulation
regarding
the possible exit of Great Britain from the European Union.

 
The update (in German) can be read
here.

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

NWSNEWS

NWS_a0111.
Expeditors News: “The Next Customs Broker Exam is April 24, 2019”

(Source:
Expeditors News, 18 Mar 2019.)
 
U.S. Customs and Border Protection (CBP) has posted a notice to its website, announcing the April 2019 Customs Broker License Examination. CBP states that the exam will be held on Wednesday, April 24, 2019, at various locations throughout the United States.
 
The exam, which will last 4.5 hours, consists of 80 multiple-choice questions, and requires a score of 75 percent in order to receive a passing grade.  This exam will be administered in an electronic format.
 
The notice states that applicants should bring the below referenced materials to the April 2019 examination:
 
  – Harmonized Tariff Schedule of the United States (2018 Basic Edition);
  – Title 19, Code of Federal Regulations (2018, Revised as of April 1, 2018 Parts 1 to END);
  – Instructions for Preparation of CBP Form 7501 (July 24, 2012);
  – Right to Make Entry Directive 3530-002A;
  – Business Rules and Process Document (Trade – External) Ace Entry Summary (Version 9.5a).
 
Guidelines to register for the exam are posted on CBP’s website. Registrations opened on February 15, 2019 and close on March 25, 2019.
 
The CBP announcement may be viewed online
here.

back to top 

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COMCOMMENTARY

COM_a112.
N. Donovan: “Treasury Committee Reports on Economic Sanctions Implementation in the UK”

(Source:
Freshfields Bruckhaus Deringer, 19 Mar 2019.)
 

* Author: Neil Donovan, Esq.,
neil.donovan@freshfields.com, Freshfields Bruckhaus Deringer.

 
The Treasury Select Committee has reported on its inquiry into sanctions implementation in the UK. The report also makes a number of recommendations on the UK’s anti-money laundering and economic crime regime which are summarized in our previous article here.        
 
The key conclusions in relation to financial sanctions are as follows:
 
Investigations and enforcement action: the Committee recognized that the Office of Financial Sanctions Implementation (OFSI) has only been operational since April 2017 and noted evidence from both the Director of OFSI and the Economic Secretary that there are currently a number of cases under investigation. Whilst the report notes OFSI’s recent monetary penalty (Raphaels Bank was fined £5,000 in January 2019), the Committee called for more public examples of enforcement against UK sanctions violations. OFSI certainly has a busy caseload: in 2017/18, OFSI received 122 reports of suspected violations, with a reported value of approximately £1.35bn. The Committee also recommended a Government review into the effectiveness of OFSI following the second anniversary of its formation.
 
Extending Government powers to block UK listings: the Committee considered the effectiveness of the financial sanctions regime following the listing of EN+ Group (an energy firm controlled by sanctioned persons at the time of its initial public offering) on the London Stock Exchange in 2017. The Economic Secretary suggested that the Government should have a new power to block such listings on grounds of National Security. The Committee is yet to be persuaded that such a power is either necessary or appropriate, and suggested that a full, wide and timely consultation on such a power would be required.    
 
Focus on Russian money in UK financial system: the Committee heard evidence from a number of witnesses regarding the recent focus on the use of the UK’s financial system by certain Russian citizens for potential unlawful purposes (for example, through the Russian Laundromat scheme). The Committee emphasized the need for a balance between focusing on financial activity in relation to one country and ensuring that there is effective oversight of the wider AML system.  
 
Increased flexibility post-Brexit: finally, the Committee noted that the UK’s departure from the EU could provide greater flexibility in its use of sanctions (which is currently based predominantly on UN and EU measures) although it recognized the need for a multilateral approach. Witnesses told the Committee that the freedom to impose sanctions without requiring the consensus of EU member states coupled with the deterrent effect of being frozen out of the UK’s large, global financial system could have tactical benefits for the UK’s sanctions regime (for example, by focusing more sanctions on targeted groups and entities – rather than countries – in the same way as the United States).    
 
In summary, it is clear from the Committee’s report that financial sanctions policy will remain high on the Government’s post-Brexit agenda. The recent fine against Raphaels Bank and the Committee’s call for OFSI’s enforcement action to be more public are timely reminders to companies to assess and take steps to mitigate any exposure to sanctions risks.

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TEEX/IM TRAINING EVENTS & CONFERENCES

TEC_a113
.
ECS Presents “Mastering ITAR/EAR Challenges” on 30 Apr – 1 May in
Nashville, TN
(Source: S. Palmer,
spalmer@exportcompliancesolutions.com
.)
 
* 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 
here
 or by calling 866-238-4018 or email
spalmer@exportcompliancesolutions.com

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

TE_a314.
ICPA Presents “2019 EU Conference”, 15-17 May in London

(Source:
ICPA)
 
* What: 2019 EU Conference
  – Import and Export Track (click
here for the agenda)
  –
Professional Speakers
  – Hot Industry Topics
* When: 15-17 May 2019
* Where:
The Tower Hotel, London, United Kingdom.
* Sponsor: International Compliance Professionals Association (ICPA)
* Information & Registration: Click
here.

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

ENEDITOR’S NOTES

EN_a115
. Bartlett’s Unfamiliar Quotations

(Source: Editor)

 


Wyatt Earp (Wyatt Berry Stapp Earp; 19 Mar 1848 – 13 Jan 1929; was an American Old West lawman and gambler in Cochise County, Arizona Territory, and a deputy marshal in Tombstone. He worked in a wide variety of trades throughout his life and took part in the famous Gunfight at the O.K. Corral, during which lawmen killed three outlaw Cochise County Cowboys.)
  
– “Fast is fine, but accuracy is everything.” 

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

EN_a216. Are Your Copies of Regulations Up to Date?
(Source: Editor)

The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register.  The latest amendments to applicable regulations are listed below.
 

*
DHS CUSTOMS REGULATIONS
: 19 CFR, Ch. 1, Pts. 0-199.  Implemented by Dep’t of Homeland Security, U.S. Customs & Border Protection.
  – Last Amendment: 12 Mar 2019:
84 FR 8807-8809
: Extension of Import Restrictions Imposed on Archaeological and Ecclesiastical Ethnological Material From Honduras
 

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 the Atomic Energy Act of 1954.
  – Last Amendment: 23 Feb 2015:

80 FR 9359
, comprehensive updating of regulations, updates the activities and technologies subject to specific authorization and DOE reporting requirements. This rule also identifies destinations with respect to which most assistance would be generally authorized and destinations that would require a specific authorization by the Secretary of Energy.
 

DOE EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
; 10 CFR Part 110; Implemented by Dep’t of Energy, U.S. Nuclear Regulatory Commission, under the Atomic Energy Act of 1954.
  – Last Amendment: 20 Nov 2018, 10 CFR 110.6, Re-transfers.
 
*
DOJ ATF ARMS IMPORT REGULATIONS: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War.  Implemented by Dep’t of Justice, Bureau of Alcohol, Tobacco, Firearms & Explosives.
  – Last Amendment: 14 Mar 2019:
 
84 FR 9239-9240
: Bump-Stock-Type Devices
 

DOS INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR)
: 22 C.F.R. Ch. I, Subch. M, Pts. 120-130. Implemented by Dep’t of State, Directorate of Defense Trade Controls.
  – Last Amendment:
19 Mar 2019:
84 FR 9957-9959
: Department of State 2019 Civil Monetary Penalties Inflationary Adjustment
  – 
The only available fully updated copy (latest edition: 5 March 2019) of the ITAR with all amendments is contained in 
Bartlett’s Annotated ITAR 
(“BITAR”), by James E. Bartlett III. The BITAR is a 361-page Word document containing 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 download, 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 Mar 2019: 
84 FR: 9456-9458
: List of Foreign Financial Institutions Subject to Correspondent Account or Payable-Through Account Sanctions (CAPTA List)
  
* 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 Update: 
7 Mar 2019: 
Harmonized System Update (HSU) 1903  
[contains 67 ABI records and 13 harmonized tariff records].

  – HTS codes for AES are available here.
  – HTS codes that are not valid for AES are available here.

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

EN_a317
. Weekly Highlights of the Daily Bugle Top Stories
(Source: Editor)
 

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

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

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., compiled by: Editor, James E. Bartlett III; Assistant Editors, Alexander P. Bosch and Vincent J.A. Goossen; and Events & Jobs Editor, Alex Witt. The Ex/Im Daily Update is emailed every business day to approximately 6,500 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.

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