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19-0322 Friday “Daily Bugle”

19-0322 Friday “Daily Bugle”

Friday, 22 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. USTR Announces Modifications to Rules of Origin of the United States Morocco Free Trade Agreement 
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. DHS/CBP Posts Notice on Common Create/Update Importer Identity Form ACE Error Message Solutions 
  4. Justice: “Australian National Sentenced to Prison Term For Exporting Electronics to Iran” 
  5. State/DDTC: (No new postings.) 
  6. Treasury/OFAC P Updates Guidance on Addressing North Korea’s Illicit Shipping Practices 
  7. EU Amends Restrictive Measures Concerning Bosnia and Herzegovina & Egypt 
  8. German BAFA Publishes Preliminary Information on the Renewal and Amendment of Multiple General Authorizations
  9. UK OFSI Updates Three Sanctions Guidance Documents
  1. Expeditors News: “European Council Extends the UK Withdrawal from the EU” 
  2. Osburn Oracle: “US Judge Extends Ban on Publication of 3D Printed Gun Blueprints” 
  3. Reuters: “Trump Says He Is Withdrawing Earlier North Korea-Related Sanctions” 
  4. ST&R Trade Report: “Tariffs to Remain in Place After China Deal, Trump Says” 
  1. International Trade Compliance Blog: “EU- Commission Opens Consultation of EU-US Regulatory Cooperation 
  2. L. Caponetti: “The Belgian Trade Control System: Legislation by Items-Category and Competent Authority” 
  3. M. Hamilton: “Empowered Officials Are Necessary for ITAR Compliance” 
  4. M. Volkov: “Ethics, Profits, Sustainability and Stakeholders: An Update on a Familiar Relationship” 
  1. ECS Presents “2nd Annual ECS ITAR/EAR Symposium and Boot Camp” on 17-19 Sep in Annapolis, MD

  2. FCC Presents “An Introduction to EU / Dutch Dual-Use and Military Export Controls”, 7 May in Bruchem, the Netherlands 
  3. List of Approaching Events: 146 Events Posted This Week, Including 9 New Events 
  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 2018), 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. USTR Announces Modifications to Rules of Origin of the United States Morocco Free Trade Agreement

(Source: Federal Register, 22 Mar 2019.)
 
84 FR 10883: Effective Date of Modifications to Rules of Origin of the United States Morocco Free Trade Agreement
 
* AGENCY: Office of the United States Trade Representative.       
* ACTION: Notice.
* SUMMARY: In December 2018, the President modified the rules of origin for certain goods of Morocco under the United States-Morocco Free Trade Agreement (USMFTA). This notice announces the effective date for those modifications.
* DATES: This notice is applicable on April 1, 2019.
* FOR FURTHER INFORMATION CONTACT: Janet Heinzen, Deputy Assistant U.S. Trade Representative for Textiles, at 202-395-6092 or janet.e.heinzen@ustr.eop.gov.
* SUPPLEMENTARY INFORMATION: …
  In 2015 and 2016, the Government of Morocco submitted requests to modify certain textile and apparel rules of origin based on commercial availability of specific inputs. Following public comment on the proposed rules changes, the United States and Morocco reached agreement to modify certain rules of origin. Pursuant to the USMFTA Implementation Act, the International Trade Commission conducted an economic impact review and concluded that the impact on U.S. imports, exports, and production of the proposed modifications would be negligible. The Industry Trade Advisory Committee on Textiles and Clothing did not object to the proposed modifications. Congress also did object during the consultation and layover process.
  In Proclamation 9834 of December 21, 2018, the President determined pursuant to section 203 of the USMFTA Implementation Act, that the subject modifications to the HTSUS were appropriate and modified general note 27 to the HTSUS with respect to goods of Morocco. The modifications are effective with respect to goods of Morocco entered or withdrawn from warehouse for consumption on the date announced by the United States Trade Representative in the Federal Register.
  On March 4, 2019, Morocco notified the United States that it had completed its domestic procedures to give effect to the agreement to change the USMFTA rules of origin for certain apparel goods of specified fabrics with respect to goods of the United States. Subsequently, Morocco and the United States agreed to implement these changes with respect to each other’s eligible goods, effective April 1, 2019.
 
  William Jackson, Assistant U.S. Trade Representative for Textiles, Office of the U.S. Trade Representative.

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OGSOTHER GOVERNMENT SOURCES

OGS_a12
. Items Scheduled for Publication in Future Federal Register Editions
 

(Source:
Federal Register)
 
* Commerce; Industry and Security Bureau; NOTICES; Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Priorities Assistance [Pub. Date: 25 Mar 2019.]
 
* Treasury; Foreign Assets Control Office; NOTICES; Blocking or Unblocking of Persons and Properties [Pub. Date: 25 Mar 2019.]
 
* U.S. Trade Representative; NOTICES; 2019 Generalized System of Preferences: Annual GSP Product and Country Review; Deadline for Filing Petitions [Pub. Date: 25 Mar 2019.]
 
* U.S. Trade Representative; NOTICES; Product Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation [Pub. Date: 25 Mar 2019.]

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OGS_a03
3. Commerce/BIS: (No new postings.)

(Source: Commerce/BIS)

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OGS_a44
. DHS/CBP Posts Notice on Common Create/Update Importer Identity Form ACE Error Message Solutions

(Source:
CSMS 19-000146, 21 Mar 2019.)
 
CBP is providing a list of solutions for the most common errors that are being experienced with inputting the Create/Update Importer Identity Form (CBP Form 5106).
 
Error Message PDM – Data Element PATTERN UNKNOWN
 
Solution: Many create/update importer record requests are being submitted with phone numbers that include dashes in the TD record. Phone numbers should be provided in the TD record as either an unseparated group of numbers, example 1234567899, or with spaces, example 123 456 7899.
 
Another input mistake that can cause the PDM error is not providing names in the TL record (Certification) with commas, per the Create/Update Importer Identity Form CATAIR’s instructions. For example, “John Weer Doe” needs to be provided in the TL record as “Doe, John, W”. The CATAIR can be accessed on cbp.gov.
 
Error Message MVM – Data Element MISSING
 
Solution: Many of the CBP Form 5106s being uploaded to CBP are missing a title in the TL record for the individual certifying the form. This data element is the “Printed or Typed Full Name” block in section 4 of the new CBP Form 5106. Both a name and title are mandatory data elements on the revised CBP Form 5106.
 
Error Message R05 – IMPORTER NUMBER ALREADY ON FILE
 
Solution: This error is being caused by Importer of Record (IOR) creation being requested for IORs that already exist. Entities or their representatives should ensure that they are selecting the correct type of action, “Notification of identification number” (create), “Change of Name” (update), and “Change of Address” (update), when submitting a Create/Update Importer Identity request.
 
Please note, information on existing IOR numbers can potentially be obtained from the 5106@cbp.dhs.gov mailbox by an IOR’s owner or individuals representing the IOR with an active Power of Attorney.
 
Error Message X39 – DATA FOUND IN FILLER
 
Solution: Refer to “ACE Draft CATAIR: Importer/Consignee Create/Update” on cbp.gov and ensure that the data being input in the new ACE CBP Form 5106 Automated Broker Interface/EDI is not being accidentally entered into a portion of a record that can only be occupied by “space fill”. For example, if the Alternate Importer Name provided in the TA record exceeds 32 characters, the additional characters will overflow into the filler record which will cause an X39 error. Records that have a filler component that can only contain “space fill”, as outlined by the “ACE Draft CATAIR: Importer/Consignee Create/Update”, are TA, T3, TB, TC, TD, TE, TF, TG, TH, TI, TJ, TK, TL, TM, TN. The CATAIR can be accessed on cbp.gov.
 
An error message dictionary for the Create/Update Importer Identity Form (CBP Form 5106) functionality can be found on cbp.gov.
 
Questions or concerns about CBP Form 5106 ACE error messages should be sent to 5106@cbp.dhs.gov.

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OGS_a5
5. Justice: “Australian National Sentenced to Prison Term For Exporting Electronics to Iran”
(Source: Justice, 21 Mar 2019.) [Excerpts.]
 
An Australian man was sentenced today to 24 months in prison on four counts of violations of the International Emergency Economic Powers Act, which criminalizes knowing transactions with Iranian entities without a license from the U.S. Department of Treasury.
 
David Russell Levick, 57, of Cherrybrook NSW, Australia, pled guilty to the charges on Feb. 1, 2019, in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable James E. Boasberg. In addition to the prison term, Levick must pay a forfeiture amount of $199,227, which represents the total value of the goods involved in the illegal transactions. Following completion of his prison term, Levick will be subject to deportation proceedings. …
 
According to the plea documents, Levick was the general manager of ICM Components, Inc., located in Thornleigh Australia. He solicited purchase orders and business for the goods from a representative of a trading company in Iran. This person in Iran, referenced in court documents as “Iranian A,” also operated and controlled companies in Malaysia that acted as intermediaries for the Iranian trading company.
 
Levick then placed orders with U.S. companies on behalf of “Iranian A” for the goods, which were aircraft parts and other items that “Iranian A” could not have directly purchased from the United States without the permission of the U.S. government.
 
The defendant admitted to procuring or attempting to procure the following items for transshipment to Iran, each of which required a license from the Treasury Department prior to any export to Iran:
 
  – Precision Pressure Transducers. These are sensor devices that have a wide variety of applications in the avionics industry, among others, and can be used for altitude measurements, laboratory testing, measuring instrumentations and recording barometric pressure.
  – Emergency Floatation System Kits. These kits contained a landing gear, float bags, composite cylinder and a complete electrical installation kit. Such float kits were designed for use on Bell 206 helicopters to assist the helicopter when landing in either water or soft desert terrain.
  – Shock Mounted Light Assemblies. These items are packages of lights and mounting equipment designed for high vibration use and which can be used on helicopters and other fixed wing aircraft.
 
When necessary, Levick used a broker in Tarpon Springs, Florida, through whom orders could be placed for the parts to further conceal the fact that the parts were intended for transshipment to “Iranian A” in Iran. Levick intentionally concealed the ultimate end-use and end-users of the parts from manufacturers, distributors, shippers, and freight forwarders located in the United States and elsewhere. In addition, Levick and others structured their payments between each other for the parts to avoid trade restrictions imposed on Iranian financial institutions by other countries. Levick and ICM wired money to companies located in the United States as payment for the parts.
 
The activities took place in 2007 and 2008. Levick was indicted in February 2012. At the request of the United States, Australia arrested him for the purposes of extradition, and Australia extradited him to the United States in December 2018. He has remained in custody here. …
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OGS_a6
6. State/DDTC: (No new postings.)
(Source: State/DDTC)
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OGS_a7
7. Treasury/OFAC P Updates Guidance on Addressing North Korea’s Illicit Shipping Practices
(Source: Treasury/OFAC, 21 Mar 2019.) [Excerpts.]
 
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), with the U.S. Department of State and the U.S. Coast Guard, is updating the advisory published on February 23, 2018. This advisory provides new information about North Korea’s deceptive shipping practices, additional guidance on how to mitigate the risk of involvement in these practices, a new graphic depicting certain ports of call, and three new annexes. The U.S. government recommends that all parties involved in the shipping industry and related commercial entities, including ship owners, managers, and operators, brokers, flag registries, oil companies, port operators, shipping companies, classification service providers, insurance companies, and financial institutions – be aware of the practices set out in this advisory in order to implement appropriate controls to identify North Korea’s illicit shipping practices.
 
Despite robust U.S. and United Nations (UN) sanctions on North Korea, North Korea continues to evade sanctions, particularly through illicit ship-to-ship transfers of refined petroleum and coal. In 2018, North Korean ports received at least 263 tanker deliveries of refined petroleum procured from UN-prohibited ship-to-ship transfers. If these tankers were fully laden when they made their delivery, North Korea would have imported 3.78 million barrels, or more than seven and a half times the allowable amount of refined petroleum (i.e., 500,000 barrels/year) under UN Security Council Resolution (UNSCR) 2397.
 
In addition to continued illicit imports of refined petroleum, North Korea has resumed exports of coal in the Gulf of Tonkin. UNSCR 2371, adopted in August 2017, prohibits the procurement of North Korean-origin coal, and UNSCR 2397, adopted in December 2017, acknowledges that the proceeds of North Korea’s trade in sectoral goods, including coal, contribute to the regime’s nuclear weapons and ballistic missile programs. The United States will continue to use its sanctions authorities to target persons in various industries, including, but not limited to, the shipping industry that further North Korea’s illicit revenue-generating schemes that fund the regime’s nuclear weapons and ballistic missile programs.
 
This advisory now contains five annexes, three of which are new. The first provides an overview of U.S. and UN sanctions relevant to the shipping industry, including a non-exhaustive list of bases for which persons may be sanctioned by OFAC. The second provides an updated list of 28 North Korean tankers known to be capable of engaging in ship-to-ship transfers of refined petroleum products and other banned goods. The new third annex provides specific guidance for UN Member States and relevant industry actors on best practices to avoid engaging in North Korea-related illicit activities. The new fourth annex provides a list of 18 vessels that are believed to have engaged in illicit ship-to-ship transfers of refined petroleum with North Korean tanker vessels. The new fifth annex provides a list of 49 vessels that are believed to have exported North Korean-origin coal.
 
The United States, along with Australia, Canada, France, Italy, Japan, and the United Kingdom, have highlighted these deceptive practices at the International Maritime Organization (IMO) to call all IMO Member States’ attention to these deceptive shipping practices, and to remind all Members States of the requirements and guidance contained in relevant IMO instruments. The IMO consequently issued Circular MSC.1/Circ. 1602 on March 5, 2019, to call the attention of all Member States and other maritime industry stakeholders to North Korea’s deceptive practices. The United States requests that UN Member States, port state control authorities, and flag registries provide this advisory to all relevant persons in their jurisdictions. …
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OGS_a9
8. EU Amends Restrictive Measures Concerning Bosnia and Herzegovina & Egypt
(Source: Official Journal of the European Union, 22 Mar 2019.)
 
Regulations:
* Council Implementing Regulation (EU) 2019/459 of 21 March 2019 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt
 
Decisions:
* Council Decision (CFSP) 2019/467 of 21 March 2019 amending Decision 2011/173/CFSP concerning restrictive measures in view of the situation in Bosnia and Herzegovina
* Council Decision (CFSP) 2019/468 of 21 March 2019 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt
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(Source:
German BAFA, 21 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. 18 to 27 and No. 30.
 
BAFA intends to extend General Authorizations No. 18 to No. 27 and No. 30 until 31.03.2020.
 
More details on all German General Export Authorizations can be found here.

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OGS_a1010. UK/OFSI Updates Three Sanctions Guidance Documents
(Source: UK/OFSI, 21 Mar 2019.)  
 
The UK Office of Financial Sanctions Implementation (OFSI) has updated several of its guidance documents:    
 
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NWSNEWS

(Source:
Expeditors News, 22 Mar 2019.)
 
On March 21, 2019, the European Council agreed to an extension on the United Kingdom (UK) withdrawing from the European Union (EU).
 
The European Council extended the withdrawal date to April 12, 2019, unless the UK’s House of Commons approves the withdrawal agreement by next week. In that instance, the European Council has agreed to an extension until May 22, 2019.
 
The European Council’s press release may be found here.

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(Source:
Osburn Oracle, 21 Mar 2019.)
 
A US judge extended a ban on publishing blueprints for 3D printed guns online, handing a procedural victory to states and gun-control groups that argue the practice will make it easy for criminals and terrorists to get their hands on untraceable firearms.
 
The injunction against Austin, Texas-based Defense Distributed was issued Monday by US District Judge Robert Lasnik in Seattle, where 19 states and Washington, DC, to block it from making technical plans for an array of guns available globally on the internet with the government’s blessing. The injunction will remain in place until the suit is resolved.
 
The 3D printing of guns gained urgency after Defense Distributed reached a surprise settlement with President Donald Trump’s administration resolving a 2015 government challenge. Former President Barack Obama’s administration had sued the firm on national-security grounds, alleging the publishing of gun schematics violated the federal Arms Export Control Act.
 
Trump said in July that allowing unfettered public access to instructions for making guns with 3D printers doesn’t “seem to make much sense” but hasn’t fought to stop it.
 
In Monday’s ruling, Lasnik criticized the government’s argument that the states won’t be harmed by publication of the blueprints because the federal government is committed to battling undetectable firearms. The “very purpose” of Defense Distributed’s plan is to “arm every citizen outside of the government’s traditional control mechanisms,” the judge said.
 
  “It is the untraceable and undetectable nature of these small firearms that poses a unique danger,” Lasnik said. “Promising to detect the undetectable while at the same time removing a significant regulatory hurdle to the proliferation of these weapons – both domestically and internationally – rings hollow and in no way ameliorates, much less avoids, the harms that are likely to befall the states if an injunction is not issued.”
 
Josh Blackman, a lawyer for Defense Distributed, said the company is reviewing the decision and considering all its options.
 
The ruling was hailed by New York Attorney General Barbara Underwood in a statement on Twitter.
 
Avery Gardiner, co-president of the Brady Campaign to Prevent Gun Violence, said the decision is “an unqualified success for the American public and, indeed, the global community.
 
  “3D-printed guns represent a supreme threat to our safety and security, and we are grateful that Judge Lasnik recognized it as such,” Gardiner said in a statement.
 
The Trump administration once appeared to back Obama’s stance. In April, the US urged dismissal of the company’s lawsuit, highlighting the “potentially devastating” implications of online gun designs getting into the hands of terrorists, according to the Brady Center.
 
Weeks later, the government offered a settlement which gave the plaintiffs “everything they asked for, and more,” the Brady Center said. The US agreed to pay the company almost $40,000, a court filing shows.
 
  “I’m glad we put a stop to this dangerous policy,” Washington State Attorney General Bob Ferguson said in an emailed statement. “But I have to ask a simple question: Why is the Trump Administration working so hard to allow these untraceable, undetectable, 3D-printed guns to be available to domestic abusers, felons and terrorists?”
 
The State Department, which struck the deal with Defense Distributed, is also named in the suit. The US changed the regulation after deciding firearms up to .50 calibre “would not provide a military advantage to adversaries and therefore no longer warrant export control,” according to the ruling.
 
The US’s argument that the federal government is limited in the matter to exports while the states’ concerns are “purely domestic,” according to Monday’s ruling.
 
  “Defendants’ argument is so myopic and restrictive as to be unreasonable,” Lasnik said. “Whatever defendants’ statutory authority, the fact is that the internet is both domestic and international.”

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(Source:
Reuters, 22 Mar 2019.)
 
U.S. President Donald Trump on Friday said he was ordering the withdrawal of recently announced North Korea-related sanctions imposed by the U.S. Treasury Department.
 
  “It was announced today by the U.S. Treasury that additional large-scale Sanctions would be added to those already existing Sanctions on North Korea,” Trump said on Twitter. “I have today ordered the withdrawal of those additional Sanctions!”
 
It was not immediately clear what sanctions Trump was referring to. There were no new U.S. sanctions on North Korea announced on Friday but on Thursday the United States blacklisted two Chinese shipping companies that it said helped North Korea evade sanctions over its nuclear weapons program.
 
White House spokeswoman Sarah Sanders did not specify which sanctions Trump spoke of but said: “President Trump likes Chairman Kim (Jong Un) and he doesn’t think these sanctions will be necessary.”
 
The sanctions on the Chinese shippers were the first since the second U.S.-North Korea summit broke down last month. Hours after the sanctions announcement, North Korea on Friday pulled out of a liaison office with the South, a major setback for Seoul.
 
North Korea said it was quitting the joint liaison office set up in September in the border city of Kaesong after a historic summit between leader Kim Jong Un and South Korea’s President Moon Jae-in early last year.
 
back to top
 

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President Trump indicated this week that higher tariffs on $250 billion worth of goods imported from China will remain in place for the foreseeable future. The president’s stance could complicate efforts to secure a bilateral trade agreement.
 
Senior U.S. officials will travel to Beijing next week to continue negotiations on an agreement aimed at resolving issues such as forced technology transfer, intellectual property rights, currency, and agriculture. Chinese officials could follow up with a visit to Washington in early April and presidents Trump and Xi Jinping could meet in late April to conclude a deal.
 
According to press sources, one of the key issues negotiators have struggled with in recent weeks has been enforcement; i.e., measures the U.S. could take if China does not comply with the commitments it makes in any final agreement. Trump administration officials have indicated a preference for reimposing tariffs in such a case, with no retaliatory tariffs allowed by China.
 
However, Trump said March 20 that “we’re not talking about removing” the existing tariffs but instead are talking about “leaving them for a substantial period of time … to make sure that … China lives by the deal.” A Washington Post article notes that this approach is not new for Trump, as he has maintained tariffs on steel and aluminum imports from Canada and Mexico even after reaching agreement with them on revisions to NAFTA.

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COMCOMMENTARY

COM_a115
. International Trade Compliance Blog: “EU- Commission Opens Consultation of EU-US Regulatory Cooperation

(Source: Baker McKenzie, 18 Mar 2019.)
 
The European Commission has opened a consultation with stakeholders relating to regulatory cooperation activities with the United States as a follow up to the 25 July 2018 meeting between the President of the US and the President of the European Commission. An interim progress report was published on 30 January, providing a detailed overview on the state of the work of the Executive Working Group, which was formed after the July meeting, and lists a number of concrete actions where regulatory cooperation can facilitate transatlantic trade such as pharmaceuticals, medical devices and cybersecurity, by lowering regulatory barriers. Similar progress reports will be published at regular intervals as the discussions with the US progress. Stakeholder input will be instrumental to making progress and identify solutions that allow us to facilitate trade while maintaining, if not enhancing, levels of regulatory protection.
 
The European Commission is inviting comments from all interested stakeholder groups on potential areas for regulatory co-operation with the United States. In particular, comments in the following areas are welcome:
 
  – Conformity Assessment: a possible future agreement on conformity assessment aiming at a horizontal approach to facilitate the acceptance of certificates issued by the conformity assessment bodies of the other Party in a number of selected sectors such as electric and electronic equipment, machinery, medical devices, toys, recreational crafts, pressure equipment, construction products, measuring instruments etc. In this regard, the Commission would welcome input by stakeholders, in particular on the barriers exporters face and the difficulties that conformity assessment bodies face in seeking accreditation in the other party;
  – Dialogue on standards: the EU and the US for historical reasons adopted divergent standards in many sectors, leading to high adaptation costs for exporters. In order to facilitate trade in the future and increase regulatory convergence, cooperation on standards would focus especially on areas where no standards exist yet. Additive manufacturing, robotics and technical textiles have been identified as possible areas of cooperation. The Commission is also interested in receiving stakeholder input regarding other possible standard areas where such cooperation could bring trade benefits.
  – Regulatory cooperation in sectors: the Commission would want to receive stakeholder input on concrete initiatives for regulatory cooperation in sectors with the potential of facilitating bilateral trade, while fully respecting EU levels of protection.
 
The closing date for the consultation is 23 April 2019. The European Commission will make public all written submissions received in response to this call for proposals. Submissions should be made to: TRADE-EU-US-REG-COOP-CONSULTATION@ec.europa.eu.

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(Source:
ESU/ULG, 20 Mar 2019.)
 
*Author: Lia Caponetti, Researcher, European Studies Unit (ESU), University of Liège (ULG), +32 4 366 46 84, lcaponetti@uliege.be.
 
This table sums up legislation in force in Belgium for the following categories of controlled items:
 
  – Conventional weapons;
  – Dual-use goods and technologies;
  – Goods which could be used for capital punishment, torture or other cruel, inhuman or degradating treatement or punishment.
 
The table breaks down the legislation in force by category of controlled items and by competent authority.
 
The Special Law of 12 August 2003 transfers the competence for arms and dual-use items licensing to the Regions, except the transfer of goods originating from the Belgian military or police.
 
More precisely, the Special Law transfers to the Regions: “The import, export and transit of arms, ammunition and equipment specifically intended for military or law enforcement use and related technology as well as dual-use goods and technology, without prejudice to the federal competence for import and export concerning the army and police and in accordance with the criteria laid down in the European Union Code of Conduct on Arms Exports”.
 
It follows that Regions have a competence in licensing operations clearly listed in the Special Law (import, export and transit), while not listed operations, such as brokering activities, remain a Federal competence.

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(Source:
Tucker Arensberg, 20 Mar 2019.)
 
* Author: Mark Hamilton, Esq., Tucker Arensberg Attorneys, mhamilton@tuckerlaw.com.
 
The International Traffic in Arms Regulations (ITAR) requires companies to appoint Empowered Officials. See 22 CFR § 120.25.   Failure to take this requirement seriously can be costly – as one company recently found out. Here’s what you need to know.
 
An Empowered Official must be a lawful permanent US resident that:
  (1) Your company or its subsidiary directly employs in a position of authority pertaining to your company’s policy or management;
  (2) This person must be given written legal authority to sign license applications or other such requests for your company;
  (3) This person must understand the relevant export control regimes, including the criminal, civil and administrative penalties for violations of both ITAR and the Arms Export Control Act; and
  (4) This person must have independent authority to:
  (i) Make inquiries into your company’s export, import and brokering activity;
  (ii) Verify the legality of transactions and accuracy of information submitted on behalf of your company; and
  (iii) Refuse to sign license applications or other requests without penalty or repercussion.
 
As you can see, the U.S. Government takes this requirement seriously. So your company’s decision to appoint an Empowered Official should be carefully made and this person needs to be given the requisite authority and training to fulfill your company’s responsibilities under the statute.

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COM_a418. M. Volkov: “Ethics, Profits, Sustainability and Stakeholders: An Update on a Familiar Relationship”

(Source: Volkov Law Group Blog, 22 Mar 2019.) Reprinted by permission.)
 
* Author: Michael Volkov, Esq., Volkov Law Group, mvolkov@volkovlaw.com, 240-505-1992.
 
And now we return to a familiar theme with some important updates – I always start with the simple pro that does not mean that ethical companies will always be profitable, but it does mean that ethical companies will perform better than they would otherwise perform.
 
Some call this the ethical advantage or the ethical premium.  I like to call it good old common sense.  There is a growing body of research in this area confirming this connection between ethics and performance.  I have cited this in earlier postings. (Here).
 
An interesting report in this area has been developed by JUST U.S. Large Cap Equity ETF (JUST). (Here).
 
Each year JUST capital conducts a survey on what it defines as ideal criteria for companies, focused on worker pay, well-being, customer treatment, privacy, beneficial products, environmental impact, job creation, strong communities and ethical leadership.  The survey considers 80 items of information about each company and then ranks the companies.  JUST created a index consisting of 428 companies and compared the performance of these 428 companies to the Russell 1000 companies over the period 2007 to 2018.
 
Lo and behold, the JUST index companies return was nearly 2 percent higher than the Russell’s 1000 listing (10.4 percent to 8.7 percent). Additionally, the JUST companies delivered a 7 percent higher return on investment over the last five years than the Russell 1000 companies not included in the JUST Index.
 
Many continue to criticize and seek reform of our current financial reporting scheme and the obsession with quarterly financial reports. Some have suggested that this short-term perspective leads to short-sighted definition of business “success.”
 
Measuring a company’s profits requires a long-term perspective. But what do we mean by that? A three-month period, or quarter, is certainly not an accurate barometer of financial success. It takes time (and money) to invest in new products and services, implement a new competitive strategy, seek a competitive advantage in the market, or respond to consumer demands.
 
This is where ethical decision making or ethical business leadership can play a role. Applying this construct, ethical business leaders may ground themselves by weighing all stakeholders’ interests (of which shareholders are one). Business leaders have to understand the context in which they operate and understand that they have stakeholders that are not just shareholders. A company has a social contract that encompasses society and the community in which it operates.
 
At the same time, a short-term, quarterly perspective, forecloses consideration of efforts that require a longer time to materialize. Sometimes companies employ a more refined weighing of strategies that may bear fruit over a longer time period.
 
How does a company establish a positive image over the long term? There are a number of relevant factors, one of which is the company’s fair and honest treatment of customers and employees. When consumers look for an industry leader and potential employees are considering employment opportunities, companies with ethical reputations and business practices are likely at the top of the list.
 
Shareholders consist of individuals and institutions that own company stock. Corporate boards and managers should not solely focus on immediate shareholder needs or input because responsible management includes long-term competition and sustainable growth.
 
A simple but helpful exercise is to create a page with three columns: the first consists of a list of all stakeholders in priority (e.g. shareholders, employees, vendors/suppliers, customers); the second includes a list of each stakeholder’s interests and goals; and the third column lists the likely impact of a business decision on each stakeholder.
 
A company’s intangible positive support is often referred to as “goodwill,” i.e. the business’s reputation, its brand name, its workforce attitude, and the loyalty of its customer base. The ethical performance of the company, its managers and its employees will increase the value of these components. The company’s culture consists of shared beliefs, values and behaviors that create an internal environment within which managers, employees, and other stakeholders interact.
 
In this context, it is easy to see that a long-term view of business success is critical for accurately measuring profitability. If the company’s stakeholders benefit from ethical conduct, increasing goodwill and profitability, the perspective of stakeholders will positively turn to longer-term and sustainable growth strategies.

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

TEEX/IM TRAINING EVENTS & CONFERENCES

TEC_a1
19
. ECS Presents “2nd Annual ECS ITAR/EAR Symposium and Boot Camp” on 17-19 Sep in Annapolis, MD

 
*What: The 2nd Annual ECS ITAR/EAR Symposium and Boot Camp; Annapolis, MD
* When: 17-19 September 2019
* Where:  
Chart House
* Sponsor: Export Compliance Solutions & Consulting (ECS)
* ECS Speaker Panel: Suzanne Palmer, Mal Zerden, Lisa Bencivenga, Timothy Mooney, Matthew McGrath, Matt Doyle
* Register 
here
 or by calling 866-238-4018 or e-mail
spalmer@exportcompliancesolutions.com

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

 
This 1-day training course is ideally suited for compliance professionals and those in a similar role who aim to gain a better understanding of EU and Dutch export control laws and regulations and industry’s best practices to ensure compliance.
  The course will cover multiple topics relevant for organizations subject to EU and Dutch dual-use and/or military export controls, including: the EU and Dutch regulatory framework; key concepts and definitions; practical tips regarding classification and licensing, and for ensuring a compliant shipment; identifying red flag situations and handling (potential) non-compliance issues; and the latest developments regarding Internal Compliance Program requirements in the EU an the Netherlands.
 
* Training Event: “An Introduction to EU / Dutch Dual-Use and Military Export Controls”
* Date: Tuesday, 7 May 2019
* Location: Full Circle Compliance, Landgoed Groenhoven, Dorpsstraat 6, Bruchem, The Netherlands
* Times:
  – Registration and welcome: 9.00 am – 9.30 am
  – Training course hours: 9.30 am – 4.00 pm
* Level: Awareness / Beginner.
* Target Audience: Compliance professionals or those in a similar role in any industry affected by EU/Dutch export controls (e.g., manufacturing, logistics, research & development, aerospace & defense, government, etc.).
* Instructors: Marco F.N. Crombach MSc (Senior Manager) & Vincent J.A. Goossen MA (Program Manager). 
* Information & Registration: click here or contact us at events@fullcirclecompliance.eu or 31 (0)23 – 844 – 9046. 

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

TE_a321. 
List of Approaching Events: 146 Events Posted This Week, Including 9 New Events
(Sources: Editor and Event Sponsors)

Published every Friday or last publication day of the week, o
ur overview of Approaching Events is organized to list c
ontinuously available training, training events, s
eminars & conferences, and 
webinars. 
   
If you wish to submit an event listing, please send it to to
jobs@fullcirclecompliance.eu
, composed in the below format:
 
    
#
 * Date: Location; “Event Title”; <Weblink>”; EVENT SPONSOR
 
   ”
*” = New or updated listing  

 
Continuously Available Training
 

* E-Seminars:US Export Controls” / “Defense Trade Controls“; Export Compliance Training Institute; danielle@learnexportcompliance.com 

* Webinar: ”
Company-Wide US Export Controls Awareness Program“; Export Compliance Training Institute;
danielle@learnexportcompliance.com 

* E-Seminars: “ITAR/EAR Awareness“; Export Compliance Solutions;
spalmer@exportcompliancesolutions.com
* Online: “Simplified Network Application Process Redesign (SNAP-R)“; Commerce/BIS; 202-482-2227
* E-Seminars: “Webinars On-Demand Library“; Sandler, Travis & Rosenberg, P.A.
* Online: “International Trade Webinars“; Global Training Center
*
 
Online: “On-Demand Webinars“; “General Training“; Center for Development of Security Excellence; Defense Security Service (DSS)
* Online: “ACE Reports Training and User Guide“; DHS/CBP

* Online: ”
Increase Your International Sales – Webinar Archive“; U.S. Commercial Service

* Web Form: “Compliance Snapshot Assessment“; Commonwealth Trading Partners (CTP)
* Online: “
Customs Broker Exam Prep Course
“; The Exam Center
 
 
Seminars and Conferences

 

*
 
Mar 24-27: Orlando, FL; “
2019 ICPA Annual Conference

; ICPA
* Mar 25-27: San Francisco; “
Global Encryption, Cloud and Cyber Trade Controls Conference
“; Thomsen & Burke LLP;
* 
Mar 26: Leeds, UK; “
Understanding Exporting
“; Chamber International

*
 Mar 26-27: Pittsburgh, PA; “
Complying with U.S. Export Controls
“; Commerce/BIS
*
 
Mar 26-27: Scottsdale, AZ; “
Managing ITAR/EAR Complexities
“; 
Export Compliance Solutions (ECS)

spalmer@exportcompliancesolutions.com
 or 
866-238-4018
* 
Mar 27: Bristol, UK; “
Classification of Goods – Using Commodity and Tariff Codes
“; BusinessWest
* 
Mar 27: Bristol, UK; “
Incoterms® Rules 2010
“; BusinessWest

#
* Mar 27: Washington D.C.; “Making Sanctions Effective: The Case of North Korea“; Committee on Foreign Affairs

* Mar 27-28: San Francisco, CA; “Global Encryption, Cloud & Cyber Trade Controls;” American Conference Institute
*
 
Mar 28: Bristol, UK; “
Introduction to Export Procedures
“; BusinessWest

#
* Mar 28: Geneva, Switzerland; “Sanctions in an era of trans-Atlantic Geopolitical Divergence“; Graduate Institute Geneva

*
Mar 29: Leeds, UK; “
How to Complete Export Declarations
“; Chamber International

* Apr 1: Eindhoven, NL; “
Export Control, Dual-use en Sancties
“; Fenex
*
 
Apr 2: Brussels, Belgium; “
Dual-Use, Military Research & Misuse
“; Vrije Universiteit Brussel
*
 
Apr 2: Delft, The Netherlands; “
Export Compliance Training“; 
Netherlands Aerospace Group and Full Circle Compliance

* Apr 1-4: Washington, DC;ITAR Defense Trade Controls / EAR Export Controls Seminar“; ECTI

Apr 3-4: Denver, CO;

Complying with U.S. Export Controls
“; Commerce/BIS

* Apr 4-5; Miami, FL; “
CTPAT Training
“; SCS America
* 
Apr 9: Bruchem, The Netherlands; “
Awareness Course U.S. Export Controls: ITAR & EAR from a Non-U.S. Perspective
“; Full Circle Compliance
*
 
Apr 9: Sheffield, UK; “
An Introduction to Export
“; Sheffield Chamber of Commerce
*
 
Apr 9: London, UK; “
Strategic Export Control: Intermediate Practitioners Course
“; UK/DIT

#
* Apr 10: Arlington, VA; “Basic ITAR“; Barnes & Thornburg

*
 
Apr 10: London, UK; “
Strategic Export Control: Foundation Workshop
“; UK/DIT
*
 
Apr 10: London, UK; “
Strategic Export Control: Licenses Workshop
“; UK/DIT
*
 
April 10: Sheffield, UK; “
Export Documentation – How and Why?” 
; Sheffield Chamber of Commerce

* 
Apr 16: Leeds, UK; “
Export Documentation
“; Chamber International

Apr 17: Miami, FL; “
CBP COMPLIANCE & ENFORCEMENT
“; Diaz Trade Consulting
*
 Apr 17-18; Miramar, FL; “
11th Maritime Forwarding, Freight Logistics & Global Chain Supply Workshop
“; ABS Consulting;


Apr 17-18: Scottsdale, AZ; “
Complying with U.S. Export Controls
“; Commerce/BIS

*
 
April 18: Sheffield, UK; “
International Trade Operations and Procedures (ITOPS)
; Sheffield Chamber of Commerce

#
* Apr 23: Anaheim, CA; “Export Controls Essentials: What Finance Personnel Need to Know“; California State University

* Apr 23-24: Portsmouth, NH;

Complying with U.S. Export Controls
“; Commerce/BIS
Apr 25: Portsmouth, NH;

Technology Controls
“; Commerce/BIS
*
 
Apr 25: London, UK; “
Making better License Applications
“; 
UK/DIT

#
* Apr 25: Minneapolis, MN; “Importing 201: Advanced Import Compliance“; Global Training Center

*
Apr 25-26: Dallas, TX; “Compliance Officer Training“; Globaleyes; 

*
 
Apr 30-May 1: Irvine, CA: “
Complying with U.S. Export Controls
“; Commerce /BIS

*
 Apr 30-May 1: Nashville, TN: “Mastering ITAR/EAR Challenges“; Export Compliance Solutions (ECS);
*
 
May 1: Leeds, UK; “
Understanding Exporting & Incoterms
“; Chamber International

* May 2-3: Washington DC; “Economic Sanctions Enforcement and Compliance;” American Conference Institute
*
 
May 5: Munich, Germany; “
European and German Export Controls
“; AWA;

* May 5-7: Savannah, GA;2019 Spring Seminar“; National Association of Foreign Trade Zones (NAFTZ)

May 6-7: Atlanta, GA; “
2019 Spring Conference
“; SIA
* 
May 7: Bruchem, The Netherlands; “
An Introduction to EU / Dutch Dual-Use and Military Export Controls
“; Full Circle Compliance
*
 
May 8: Southampton, UK; “
Strategic Export Control: Intermediate Practitioners course
“; UK/DIT
*
 
May 9: Southampton, UK; “
Strategic Export Control: Foundation Workshop
“; UK/DIT
*
 
May 9: Southampton, UK; “
Strategic Export Control: Licenses Workshop
“; UK/DIT
*
 
May 9: Sheffield, UK; “
Essential Incoterms – Getting it Rights
“; Sheffield Chamber of Commerce
*
 
May 15: Bristol, UK; “
A Foundation Course in Importing
“; BusinessWest
*
 
May 15-17; London, UK; “ICPA European Conference“; ICPA
* 
May 16: Bristol, UK; “
Export Controls and Licensing
; BusinessWest
*
 
May 16: Bristol, UK; “
Inward Processing Relief
“; BusinessWest
*
 May 16: Hamburg, Germany; “
U.S. Export Controls and Embargoes & Sanctions for European Companies
“; Hamburger Zollakademie
*
 
May 16-17; Toronto, Canada; “ICPA Canada Conference“; ICPA

#
* May 17: Milwaukee, WI; “Importing 201: Advanced Import Compliance“; Global Training Center

* May 19: Traverse City; “Export Compliance Overview Traning“; Foster Swift Collins & Smith PC  

*
 
May 21: London, UK; “
US & UK Export Controls: A Basic Understanding
“; The Institute of Export and International Trade

* Jun 5-6: Seattle, WA; “
Complying with U.S. Export Controls
“; Commerce/BIS
*
 
Jun 7: Upper Marlboro, MD; “
2019 Spring Golf Outing
“; SIA

*
 
Jun 10: Cleveland, OH; “
Letters of Credit
“; Global Training Center
*
 
Jun 11: Cleveland, OH; “
Export Doc & Proc
“; Global Training Center
*
 
Jun 11: Sheffield, UK; “
Customs Procedures and Compliance in International Trade
“; Sheffield Chamber of Commerce


Jun 11-12: Detroit, MI; “
Complying with U.S. Export Controls
“; Commerce/BIS

*
 
Jun 12: Cleveland, OH; “
Tariff Classificatio
n“; Global Training Center
*
 
Jun 12: Derby, UK; “
Strategic Export Control: Intermediate Practitioners course
“; UK/DIT
*
 
Jun 13: Cleveland, OH; “
NAFTA Rules of Origin
“; Global Training Center
*
 
Jun 13: Derby, UK; “
Strategic Export Control: Foundation Workshop
“; UK/DIT
*
 
Jun 13: Derby, UK; “
Strategic Export Control: Licenses Workshop
“; UK/DIT
*
 
Jun 13: Detroit, MI; “
How to Build an Export Compliance Program
“; Commerce/BIS
*
 
Jun 14: Cleveland, OH; “
Incoterms® 2010 Rules
“; Global Training 
* Jun 17-20: San Diego, CA; “ITAR Defense Trade Controls / EAR Export Controls“; ECTI
*
 
Jul 3: Bristol, UK; “
Introduction to Export Procedures – Export Training
“; BusinessWest
*
 
Jul 3: Cambridge, UK;
Strategic Export Control: Intermediate Practitioners Course
“; UK/DIT
*
 
Jul 4: Cambridge, UK;
Strategic Export Control: Foundation Workshop
“; UK/DIT
*
 
Jul 4: Cambridge, UK; “
Strategic Export Control: Licenses Workshop
“; UK/DIT
*
 
Jul 4: Bristol, UK;
Using Documentary Letters of Credit, Drafts and Bills”; 
BusinessWest
*
 
Jul 4: Sheffield, UK; “
An Introduction to Export
“; Sheffield Chamber of Commerce
*
 
Jul 8-9: Seattle, WA: “
Boot Camp: Achieving ITAR/EAR Compliance
“; Export Compliance Solutions (ECS);

Jul 8 – 10: National Harbour, MD; “
2019 Summer Back to Basics Conference
“; SIA

* Jul 9-11: Washington; “
BIS 2019 Annual Conference on Export Controls and Policy
“; Commerce/BIS

*
 
July 10: Sheffield, UK; “
Export Documentation – How and Why?” 
; Sheffield Chamber of Commerce

*
 
Jul 11: Birmingham, UK; “
US & UK Export Controls: A Basic Understanding
“; The Institute of Export and International Trade

*
Jul 24-25: St. Louis, MO; “
 Complying with U.S. Export Controls
“; Commerce/BIS

* Aug 20-21: Cincinnati, OH;

Complying with U.S. Export Controls
“; Commerce/BIS

* Aug 20-21: Milpitas, CA;

Complying with U.S. Export Controls
“;
Commerce/BIS
* Aug 22: Milpitas, CA:

Encryption Controls
“;
Commerce/BIS

* Sep 2, 9, 16: Rotterdam, the Netherlands; “Awareness training Export Control, Dual-use en Sancties“; FENEX

* Sep 8-11: Chicago, IL; “2019 Annual Conference and Exposition“; National Association of Foreign Trade Zones (NAFTZ)

* Sep 16-19: Austin, TX; “
ITAR Controls / EAR & OFAC Export Controls (Sep 18-19) Seminar Series
“; ECTI
; 540-433-3977
*
 
Sep 17: Sheffield, UK; “
Customs Procedures and Compliance in International Trade
“; Sheffield Chamber of Commerce


Sep 17-19: Annapolis, MD; “
The ECS 2nd Annual ITAR/EAR Symposium
“; ECS
*
 Sep 20: Las Vegas; “
EAR and OFAC Fundamentals: Export Control Of Dual-Use Equipment
“; Barnes & Thornburg LLP
*
 
Sep 25: Bristol, UK; “
Classification of Goods – Using Commodity and Tariff Codes”; 
BusinessWest
* 
Sep 25: Bristol, UK; “
Incoterms® Rules 2010
“; BusinessWest
*
 
Sep 25: London, UK; “
US & UK Export Controls: A Basic Understanding
; The Institute of Export and International Trade
*
 
Sep 25: Sheffield, UK; “
Essential Incoterms – Getting it Rights
“; Sheffield Chamber of Commerce
*
 
Sep 26: Bristol, UK; “
Understanding The Paperwork
“; BusinessWest

* Sep 30 – Oct 3; Amsterdam, NL; “
ITAR Controls / EAR/OFAC Commercial and Military Controls
“; ECTI
; 540-433-3977
*
 
Oct 7: Munich, Germany; “
European and German Export Controls
“; AWA

* Oct 14-17; Columbus, OH; “
University Export Controls Seminar
“; ECTI
*
 
Oct 17: Sheffield, UK; “
Export Documentation – How and Why?” 
; Sheffield Chamber of Commerce
*
 
Oct 27: Singapore; “
5th Asia Pacific Summit on Economic Sanctions Compliance and Enforcement
“; 
American Conference Institute


Oct 28-29: Washington D.C.; “
2019 Fall Advanced Conference
“; SIA

* Oct 28-31; Phoenix, AZ; “
ITAR Controls / EAR & OFAC Export Controls Seminar Series
“; ECTI
* Nov 11-14; Washington, DC; “
ITAR Controls / EAR & OFAC Export Controls Seminar Series
“; ECTI
*
 
Nov 20: Bristol, UK; “
Introduction to Export Procedures – Export Training
“; BusinessWest
*
 
Nov 21: Bristol, UK; “
A Foundation Course in Importing
“; BusinessWest

*
 
Nov 26: Bruchem, The Netherlands; “The International Traffic in Arms Regulations (EAR) from a non-U.S. Perspective“; Full Circle Compliance
* 
Nov 27: Bruchem, The Netherlands; ” The Export Administration Regulations (EAR) from a non-U.S. Perspective“; Full Circle Compliance
 
*
 
Nov 27: Manchester, UK; “
US & UK Export Controls: A Basic Understanding
“; The Institute of Export and International Trade
* Dec 4-5: New York, NY; “10th Annual New York Forum on Economic Sanctions;” American Conference Institute
*
 
Dec 4-5: Washington, DC; “
36th International Conference on the Foreign Corrupt Practices Act
“; American Conference Institute

* Dec 9-12; Miami, FL; “
ITAR Controls / EAR & OFAC Export Controls Seminar Series
“; ECTI
*
 Dec 12-13; Washington D.C.; “
Coping with U.S. Export Controls and Sanctions 2019
“; Practicing Law Institute
 
2020

 
*
 
Jan 30-31: Houston, TX; “
14th Forum on the Foreign Corrupt Practices Act
“; 
American Conference Institute
 

 
Webinars 


 

* Mar 26: Webinar: “Duty Drawback“; CITTA Brokerage Co.
 

*
Mar 27: Webinar: “
Trade in Turmoil [Monthly Update]“; 
Sandler, Travis & Rosenberg, P.A


Apr 10: Webinar: “
Import Compliance Bootcamp
“; Sandler, Travis & Rosenberg, P.A

Apr 16: Webinar: “
CFIUS Update: New Requirements to Meet, New Industries Affected
“; ECTI; 540-433-3977

#
* Apr 16: Webinar: “Importing 201: Advanced Import Compliance“; Global Training Center


Apr 23: Webinar: “
How to Improve Export Compliance with Effective Audits
“; ECTI; 540-433-3977

* Apr 23: Webinar: “ITAR Training Basics – For Compliance Executives April“; CVG Strategy

* Apr 25: Webinar: “Best Practices for Voluntary and Required Self Disclosures“; Massachusetts Export Center  

#
* May 22: Webinar: “ITAR“; Global Training Center
#
* May 23: Webinar: “EAR“; Global Training Center
 

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

ENEDITOR’S NOTES

EN_a122
. Bartlett’s Unfamiliar Quotations

(Source: Editor)

 
* Louis L’Amour (Louis Dearborn L’Amour; 22 Mar 1908 – 10 Jun 1988; was an American novelist and short-story writer. His books consisted primarily of Western novels; however, he also wrote historical fiction as well as poetry and short-story collections. Many of his stories were made into films.  At the time of his death almost all of his 105 existing works (89 novels, 14 short-story collections, and two full-length works of nonfiction) were still in print, and he remains one of the world’s most popular writers.)
  – “Often I hear people say they do not have time to read. That’s absolute nonsense. In the one year during which I kept that kind of record, I read twenty-five books while waiting for people. In offices, applying for jobs, waiting to see a dentist, waiting in a restaurant for friends, many such places.”
 
Friday’s proverbs:

Character is always corrupted by prosperity. | Icelandic Proverb
* A fault confessed is half redressed. | Zulu Proverb
* Everyone is kneaded out of the same dough, but not baked in the same oven. | Yiddish Proverb

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

EN_a223. 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: 19 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_a324
. 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 7,000 readers of changes to defense and high-tech trade laws and regulations. We check the following sources daily: Federal Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP, DOE/NRC, DOJ/ATF, DoD/DSS, DoD/DTSA, FAR/DFARS, State/DDTC, Treasury/OFAC, White House, and similar websites of Australia, Canada, U.K., and other countries and international organizations.  Due to space limitations, we do not post Arms Sales notifications, Denied Party listings, or Customs AD/CVD items.

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