;

19-0405 Friday “Daily Bugle”

19-0405 Friday “Daily Bugle”

Friday, 5 April 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. DHS/CBP Publishes Final Rule Concerning Annual Inflation Adjustment to Civil Monetary Penalties
  2. Justice Publishes Final Rule Concerning Annual Inflation Adjustment to Civil Monetary Penalties
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. State/DDTC: (No new postings.)
  4. EU Publishes Correction Concerning Union Customs Code 
  1. Bloomberg: “UniCredit Nears $900 Million Deal with U.S. Over Iran Sanctions”
  2. Reuters: “By Spying on Huawei, U.S. Found Evidence Against the Chinese Firm”
  3. SPIE: “Industry Leaders Meet at Photonics West to Discuss Export Controls”
  1. The Export Compliance Journal: “Stanley Black & Decker Hammers Out Reduced Fine for Iran-Related OFAC Violation”
  2. J. Reeves & K. Heubert: “ATF Removes Expired, Obsolete Regulations”
  1. Tony Dearth to Retire from DDTC on 5 May
  1. ECTI Presents United States Export Control (ITAR/EAR/OFAC) Seminar Series in San Diego, CA
  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: 148 Events Posted This Week, Including 11 New Events 
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: DHS/Customs (5 Apr 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 (2 Apr 2019) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1. DHS/CBP Publishes Final Rule Concerning Annual Inflation Adjustment to Civil Monetary Penalties

(Source:
Federal Register, 5 Apr 2019.) [Excerpts.]
 
84 FR 13499-13513: Civil Monetary Penalty Adjustments for Inflation
 
* AGENCY: Department of Homeland Security.
* ACTION: Final rule.
* SUMMARY: In this final rule, the Department of Homeland Security (DHS) is making the 2019 annual inflation adjustment to its civil monetary penalties. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) was signed into law on November 2, 2015. Pursuant to the 2015 Act, all agencies must adjust civil monetary penalties annually and publish the adjustment in the Federal Register. Accordingly, this final rule adjusts DHS’s civil monetary penalties for 2019 pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after April 5, 2019 whose associated violations occurred after November 2, 2015.
* DATES: This rule is effective on April 5, 2019.
* FOR FURTHER INFORMATION CONTACT: Megan Westmoreland, Attorney-Advisor, Office of the General Counsel, U.S. Department of Homeland Security. Phone: 202-447-4384.
* SUPPLEMENTARY INFORMATION: … This final rule makes the 2019 annual inflation adjustments to civil monetary penalties pursuant to the 2015 Act and pursuant to guidance OMB issued to agencies on December 14, 2018. The penalty amounts in this final rule will be effective for penalties assessed after April 5, 2019 where the associated violation occurred after November 2, 2015. Consistent with OMB guidance, the 2015 Act does not change previously assessed penalties that the agency is actively collecting or has collected. …


 
John M. Mitnick, General Counsel.

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

EXIM_a1

2. DHS/CBP Publishes Final Rule Concerning Annual Inflation Adjustment to Civil Monetary Penalties

(Source:
Federal Register, 5 Apr 2019.) [Excerpts.]
 
84 FR 13499-13513: Civil Monetary Penalty Adjustments for Inflation
 
* AGENCY: Department of Homeland Security.
* ACTION: Final rule.
* SUMMARY: In this final rule, the Department of Homeland Security (DHS) is making the 2019 annual inflation adjustment to its civil monetary penalties. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) was signed into law on November 2, 2015. Pursuant to the 2015 Act, all agencies must adjust civil monetary penalties annually and publish the adjustment in the Federal Register. Accordingly, this final rule adjusts DHS’s civil monetary penalties for 2019 pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after April 5, 2019 whose associated violations occurred after November 2, 2015.
* DATES: This rule is effective on April 5, 2019.
* FOR FURTHER INFORMATION CONTACT: Megan Westmoreland, Attorney-Advisor, Office of the General Counsel, U.S. Department of Homeland Security. Phone: 202-447-4384.
* SUPPLEMENTARY INFORMATION: … This final rule makes the 2019 annual inflation adjustments to civil monetary penalties pursuant to the 2015 Act and pursuant to guidance OMB issued to agencies on December 14, 2018. The penalty amounts in this final rule will be effective for penalties assessed after April 5, 2019 where the associated violation occurred after November 2, 2015. Consistent with OMB guidance, the 2015 Act does not change previously assessed penalties that the agency is actively collecting or has collected. …


 
John M. Mitnick, General Counsel.

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

OGSOTHER GOVERNMENT SOURCES

OGS_a13
. Items Scheduled
for Publication in Future Federal Register Editions

(Source:
Federal Register
)

 

* DHS/CBP; NOTICES; Agency Information Collection Activities; Proposals, Submissions, and Approvals: Administrative Rulings [Pub. Date: 8 Apr 2019.]
 
* Justice/ATF; RULES; Removal of Expired Regulations [Pub. Date: 8 Apr 2019.] 

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

OGS_a034
. Commerce/BIS: (No new postings.)

(Source: Commerce/BIS)

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

OGS_a45.
State/DDTC: (No new postings.)
(Source:
State/DDTC)

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

OGS_a6
6.
EU Publishes Correction Concerning Union Customs Code

 
Regulations
*
Corrigendum to Commission Delegated Regulation (EU) 2016/341 of 17 December 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards transitional rules for certain provisions of the Union Customs Code where the relevant electronic systems are not yet operational and amending Delegated Regulation (EU) 2015/2446 (OJ L 69, 15.3.2016)

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

NWSNEWS

NWS_a017.
Bloomberg: “UniCredit Nears $900 Million Deal with U.S. Over Iran Sanctions”
(Source:
Bloomberg, 2 Apr 2019.) [Excerpts.]
 
UniCredit SpA is nearing an agreement with U.S. authorities over allegations that the bank provided dollar-clearing services to Iranian clients in violation of U.S. sanctions, people with the knowledge of the matter said. The deal would cost the Italian lender about $900 million but spare it from criminal prosecution, the people said.
 
A settlement of that size would be one of the largest for violations of U.S. sanctions laws, exceeded only by agreements reached with Societe Generale SA, Commerzbank AG, HSBC Holdings Plc and BNP Paribas SA. Among them, only BNP Paribas admitted guilt. The others entered into deferred-prosecution agreements. …
 
UniCredit’s German unit, Hypo Vereinsbank, was subpoenaed in March 2011 by the New York district attorney’s office over transactions with certain Iranian entities that were subject to U.S. sanctions. The lender set aside 741 million euros ($831 million) in provisions and charges, including funds to eventually settle the allegations in the third quarter. Additional funds were provisioned by HVB in the first half, according to the unit’s financial report. …

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

NWS_a28. 
Reuters: “By Spying on Huawei, U.S. Found Evidence Against the Chinese Firm”
(Source:
Reuters, 4 Apr 2019.) [Excerpts.]
 
U.S. authorities gathered information about Huawei Technologies Co Ltd through secret surveillance that they plan to use in a case accusing the Chinese telecom equipment maker of sanctions-busting and bank fraud, prosecutors said on Thursday.
 
Assistant U.S. Attorney Alex Solomon said at a hearing in federal court in Brooklyn that the evidence, obtained under the U.S. Foreign Intelligence Surveillance Act (FISA), would require classified handling.
 
The government notified Huawei in a court filing on Thursday of its intent to use the information, saying it was “obtained or derived from electronic surveillance and physical search,” but gave no details.
 
The United States has been pressuring other countries to drop Huawei from their cellular networks, worried its equipment could be used by Beijing for spying. The company says the concerns are unfounded. …
 
U.S. authorities claim Huawei used Skycom to obtain embargoed U.S. goods, technology and services in Iran, and to move money via the international banking system. The charges against the company include violating U.S. sanctions on Iran. …

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

NWS_a39.
SPIE: “Industry Leaders Meet at Photonics West to Discuss Export Controls”

(Source:
SPIE, 5 Apr 2019.)
 
In a series of meetings at Photonics West 2019, SPIE facilitated discussions on a myriad of topics related to export controls as they apply to optic and photonic technologies. US Department of Commerce (DOC) officials were present for these discussions, which were open to university and industry stakeholders.
 
The discussion items included the anticipated additional controls on emerging and foundational technology, an industry proposal to decontrol certain infrared imaging cameras, and follow-up discussions regarding proposals to clarify or update the Commerce Control List (CCL).
 
Emerging and Foundational Export Controls
 
During the Sensors and Instrumentation Export Control meeting, participants heard updates on the process to control emerging and foundational technology in the United States. This effort was instigated due to the passage of legislation in August 2018 mandating that a process to identify and control these technologies be established.
 
An Advanced Notice of Public Rulemaking (ANPRM) was released for public comment by the DOC on 19 November regarding emerging technologies, with a deadline for comment by 10 January. SPIE submitted comments during the open comment period reflecting input from the optics and photonics community (see sidebar).
 
DOC officials revealed that about 250 public comments were received for this ANPRM. Officials are in the process of reviewing the input, and the DOC expects to publish a proposed rule on some subset of the emerging technologies listed in the ANPRM in the “coming weeks to months.” The DOC made clear that any proposed controls would take the approach of using specific performance parameters, as opposed to blanket control of a technology area.
 
There will also be a process to identify and control foundational technology. DOC Deputy Assistant Secretary Matthew Borman revealed that this process will begin with an ANPRM similar to the one published on emerging technologies. However, it was not revealed specifically what technologies would be covered in the foundational ANPRM.
 
Uncooled Thermal Imaging Cameras
 
An additional topic of discussion at both the Sensors and Instrumentation Export Control meeting and the Detectors & Cameras Working Group meeting was a US industry proposal to decontrol uncooled infrared (IR) imaging cameras that are at resolutions 640 × 580 and below. US industry reported multimillion-dollar financial losses as a result of current US export controls on these technologies.
 
The argument made for a reduction of controls included the significant rise in manufacturing capabilities in countries that do not adhere to the international export controls established through the Wassenaar Arrangement. In particular, China has made great strides in recent years in manufacturing high-resolution uncooled IR imagers, as well as focal plane arrays.
 
With the significant growth projected for sales of these mid-level uncooled IR cameras, largely fueled by the likely utilization of this technology in autonomous vehicles, US companies want to be positioned to compete in this rising market, which will require export of this technology.
 
Outdated CCL Proposals
 
During the Working Group meetings for Lasers, Lenses & Optics; and Detectors & Cameras, university and industry representatives presented on proposals submitted during the Requests for Proposals that was open for public comment from August to October 2018. This effort by the Technical Advisory Committees of the DOC was to gather input from the public regarding specific CCL entries that were in need of clarity or updates. Follow-up discussions regarding these proposals are likely to be scheduled for the upcoming Sensors and Instrumentation Technical Advisory Committee meeting at the DOC in Washington, DC, on 30 April.
 
SPIE will continue to work on these and other export control-related activities in conjunction with the Technical Advisory Committees at the DOC.
 

SPIE’s comments on the ANPRM emphasized that:
 
– Technology should not be controlled during early stages of development, and should be at a maturity level where a specific military application or national security risk can be identified
– Availability of the technology outside of the US should be a significant consideration, even if a military application or national security risk is identified
– Research in the technology areas listed in the ANPRM is often driven forward by non-US citizens working at US universities and companies
– Any controls applied should be narrowly tailored to a specific military application or national security concern.

 

[Editor’s Note: SPIE is the international society for optics and photonics.]

 
back to top
 

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

COMCOMMENTARY

COM_a110.
The Export Compliance Journal: “Stanley Black & Decker Hammers Out Reduced Fine for Iran-Related OFAC Violation”

 
With the March 27, 2019 announcement that it had reached a settlement agreement with U.S.-based tool company Stanley Black & Decker Inc., it appears the Office of Foreign Assets Control (OFAC) is not yet done
cracking down on companies whose foreign subsidiaries seek to defy U.S. economic and trade sanctions
.
 
Stanley Black & Decker has agreed to pay $1,869,144 for apparent
violations of the Iranian Transactions and Sanctions Regulations by a Chinese subsidiary
-an amount reduced from a potential monetary penalty of upwards of $7,000,000 USD, in part, because of the company voluntarily self-disclosed upon discovering the violations.
 
When it comes to acquisitions, buyers should beware
During the due diligence process prior to the acquisition of Jiangsu Guoqiang Tools Co. Ltd. (GQ), Stanley Black & Decker discovered that the Chinese-based power tool supplier exported to entities in Iran. Mindful of the OFAC compliance requirements in this area, Stanley made the cessation of such transactions a condition of the sale.
 
Following the acquisition, although Stanley Black & Decker took proactive measures to educate GQ staff on the importance of adhering to sanctions regulations,
they ultimately did not implement measures to consistently monitor the company
to ensure that shipments to Iran had stopped. This was despite written agreements from senior GQ staff that they would do so.
 
Willful is as willful does
 
It may be easy to judge an organization that seemingly did not do enough to ensure the appropriate export and OFAC compliance controls were in place as part of an acquisition of a company with known ties to Iran. However, several recent violations-such as the case with
a U.S. cement company
, and
a German subsidiary of another U.S. tool company
-have demonstrated that when management of said recently acquired companies are bent on flouting the law, and going out of their way to conceal their illicit activities, the best course of action for the parent company is to ensure they’re maximizing due diligence in this area.
 
Upon discovering the OFAC violations, Stanley Black & Decker tool immediate action, among them
halting all GQ exports, hiring an independent investigator, and fully cooperating with OFAC’s investigation
. In total, OFAC found that GQ exported 23 Iranian-bound shipments of power tools and spare parts from June 2013 to December 2014. The total value of the transactions totaled more than $3,000,000.
 
Lessons to be learned
 
While there are many benefits to U.S companies acquiring foreign subsidiaries, OFAC cautions that it can come with risks. They list
“testing compliance procedures and the timely auditing of subsidiaries”
as just two of the many due diligence and risk mitigation activities U.S. companies should undertake when acquiring a new business.

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

COM_a211.
J. Reeves & K. Heubert: “ATF Removes Expired, Obsolete Regulations”

(Source: Reeves & Dola LLP, Firearms and Explosives News, 5 Apr 2019.) [Available by subscription via 
info@reevesdola.com; excerpts.]
 
* Authors: Johanna Reeves, Esq.,
jreeves@reevesdola.com; and Katherine Heubert, Esq.,
kheubert@reevesdola.com. Both of Reeves & Dola LLP.
 

(II)  ATF Removes Expired, Obsolete Regulations


 
On April 1, 2019, ATF published a 
final rule to remove expired regulations and make technical corrections to the Commerce in Firearms and Ammunition regulations (27 C.F.R. Part 478) and the Machine Guns, Destructive Devices, and Certain Other Firearms regulations (27 C.F.R Part 479). Included in the expired or obsolete regulations are those related to the ban on so-called “semiautomatic assault weapons” and large capacity feeding devices. The ban sunset on September 13, 2004. The final rule also reflects changes to nomenclature resulting from the transfer of ATF from the Department of the Treasury to the Department of Justice pursuant to the Homeland Security Act of 2002.
 
ATF is also updating its Commerce in Explosives regulations (27 C.F.R. Part 555) by removing expired or obsolete regulations and correcting dates, titles, addresses and telephone numbers. The final rule implementing these technical changes was made available for 
public inspection today and is scheduled for publication on April 8, 2019.

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

MSEX/IM MOVERS & SHAKERS

MS_a1
12.
Tony Dearth to Retire from DDTC on 5 May 
(Source: Editor) 
 

Anthony Dearth, Chief of Staff of the Directorate of Defense Trade Controls, will retire from Federal service on 5 May 2019. Tony joined DDTC in 2003 while serving in the U.S. Air Force, and upon retiring from the Air Force in 2005, he became a civilian Senior Analyst
for
DDTC. In November 2013, Tony was promoted to Director of Licensing, and he was promoted to DDTC Chief of Staff in 2019.
Tony plans to head west to Arizona, where he will open a trade consultancy. The Daily Bugle will post Tony’s new contact information after his retirement date.

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

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a0
13.
ECTI Presents United States Export Control (ITAR/EAR/OFAC
)
 
Seminar Series in San Diego, CA 

(Source: Jill Kincaid, 
jill@learnexportcompliance.com
.
)
 
* What: United States Export Control (ITAR/EAR/OFAC) Seminar Series in San Diego, CA
* When: ITAR Seminar: June 17-18, 2019; EAR/OFAC Seminar: June 19-20, 2019
* Where: Doubletree Hotel San Diego Downtown
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker Panel: Scott Gearity, Greg Creeser, Melissa Proctor, and Marc Binder
* Register:
 
here
or contact Jessica Lemon, 540-433-3977,

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

TEC_a2
14.
FCC Presents “An Introduction to EU / Dutch Dual-Use and Military Export Controls”, 7 May in Bruchem, the Netherlands
 
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” (in Dutch)
* 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 (Senior Associate). 
* Information & Registration: click
here or contact us at 
events@fullcirclecompliance.eu or 31 (0)23 – 844 – 9046. 

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

TE_a315. 
List of Approaching Events: 148 Events Posted This Week, Including 11 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
events@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

#
* Webinar Series: “Complying with US Export Controls“; Commerce/BIS

* 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

 

* 
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 30: Tirana, Albania; “Nothing to declare? A complete overview of Trade Compliance“; International Chamber of Commerce Albania

*
Apr 30-May 1: 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 3: Lowell, MA; “Best Practices for Export Enforcement Management“; Massachusetts Export Center; 617-973-6610

*
 
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 13: Miami, FL; “Automated Commercial Environment (ACE) Export Compliance Seminar (Spanish)“; South Florida DEC

#
* May 14: Miami, FL; “Automated Commercial Environment (ACE) Export Compliance Seminar“; South Florida DEC

*
 
May 15: Bristol, UK; “
A Foundation Course in Importing
“; BusinessWest
*
 
May 15-17; London, UK; “ICPA European Conference“; ICPA

* May 16: Bellevue, WA; “The Ever-Changing International Trade Landscape“; Baker McKenzie

* 
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 3; Rotterdam, the Netherlands; “Trade Compliance Congres 2019“; Sdu

*
 
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

* Feb 5-6; Munich, Germany; “Export Compliance in Europe Conference“; NielsonSmith

 
Webinars 


 


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 18: Webinar: “Sanctions & Export Controls for Non-U.S. Companies“; Akin Gump


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 23: Webinar: “Switzerland’s Export Control and Customs Regimes: a webinar“; WorldECR in association with MME

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

* April 30: Webinar; “Conducting investigations and making disclosures“; Baker McKenzie


* May 1: Webinar: “Sanctions Update“; Reed Smith LLP

#
* May 9: Webinar: “Duty Drawback: Your Secret Weapon in the Tariff War“; Massachusetts Export Center; 617-973-6610
#
* May 17: Webinar: “Foreign Investment & Export Control Update:  Next Steps Under the FIRRMA & ECRA“; Massachusetts Export Center; 617-973-6610

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

#
* Jun 6: Webinar: “China Trade Update“; Massachusetts Export Center; 617-973-6610
#
* Jul 19: Webinar: “Managing Export Operations and Compliance“; Massachusetts Export Center; 617-973-6610

* Oct 29: Webinar: “Key updates on export controls and sanctions“; Baker McKenzie
* Dec 17: Webinar: “Managing Emerging Compliance Risks“; Baker McKenzie

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

ENEDITOR’S NOTES

EN_a116
. Bartlett’s Unfamiliar Quotations

(Source: Editor)

 

* Thomas Hobbes (5 Apr 1588 – 4 Dec 1679; was an English philosopher, considered to be one of the founders of modern political philosophy. Hobbes is best known for his 1651 book Leviathan, which expounded an influential formulation of social contract theory. In addition to political philosophy, Hobbes also contributed to a diverse array of other fields, including history, jurisprudence, geometry, the physics of gases, theology, ethics, and general philosophy.)
  – “The obligation of subjects to the sovereign is understood to last as long, and no longer, than the power lasteth by which he is able to protect them.”
 
* Nicolas Chamfort (Sébastien-Roch Nicolas, 6 Apr 1741 – 13 Apr 1794; was a French writer, best known for his witty epigrams and aphorisms.)
  – “Swallow a toad in the morning and you will encounter nothing more disgusting the rest of the day.”
  – “Most of those who make collections of verse or epigram are like men eating cherries or oysters: they choose out the best at first, and end by eating all.”
 
Friday’s funnies
:

An oxygen atom runs into his old friend, the hydrogen atom, on the street one day. “How you doing?” asks the oxygen atom. “Not well, actually,” the hydrogen atom replies. “I lost an electron.” The oxygen atom looks alarmed. “Are you sure?” it asks. “Yeah,” the hydrogen atom sighs. “I’m positive.”
 
* A curious mom uses her new iPhone to text her daughter to ask a very important question. The text reads: What do IDK, ILY, and TTYL mean?  The daughter texts back, “I don’t know. I love you. Talk to you later.”  The mom responds, “It’s okay, don’t worry about it. I’ll ask your brother. Love you, too.”

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

EN_a217. 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: 5 Apr 2019:
 
5 Apr 2019: 84 FR 13499-13513: Civil Monetary Penalty Adjustments for Inflation
 

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 Amendment:
2 Apr 2019:
Harmonized System Update (HSU) 1905
[contains 792 ABI records and 176 harmonized tariff records].

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

EN_a318
. 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.

* 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 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.

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