;

19-0410 Wednesday “Daily Bugle'”

19-0410 Wednesday “Daily Bugle”

Wednesday, 10 April 2019

  1. Justice/ATF Requests Comments Concerning Application and Permit for Importation of Firearms, Ammunition, and Defense Articles
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.)
  3. State/DDTC: (No new postings.)
  4. White House: “President Continues the National Emergency with Respect to Somalia”
  5. EU Amends Specific Restrictions Concerning Iraq
  1. Financial Times: “Microsoft Worked with Chinese Military University on Artificial Intelligence”
  2. Reuters: “U.S. Proposes List of EU Goods for Tariff Retaliation Against Airbus Subsidies”
  3. Space News: “Commerce Department Seeks to Increase American Space Industry’s Global Competitiveness”
  1. B.S. Karp, H.C. Boehning & J.S. Carey: “OFAC Takes Enforcement Action Against U.S. Parent Company for its Recently Acquired Chinese Subsidiary’s Iran Sanctions Violations”
  1. ECTI Presents “Routed Exports: Blindfolded and Walking Through a Minefield – What Could Go Wrong?” Webinar on 14 May
  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 2018), DOS/ITAR (19 Mar 2018), DOT/FACR/OFAC (15 Mar 2018), HTSUS (2 Apr 2019) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1
1. Justice/ATF Requests Comments Concerning Application and Permit for Importation of Firearms, Ammunition, and Defense Articles 

(Source: Federal Register, 10 Apr 2019.) [Excerpts.]
 
84 FR 14398-14399: Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension, With Change, of a Currently Approved Collection Application and Permit for Importation of Firearms, Ammunition and Defense Articles–(ATF Form 6–Part II (5330.3B)
 
* AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.
* ACTION: 60-Day notice.
* SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
* DATES: Comments are encouraged and will be accepted for 60 days until June 10, 2019.
* FOR FURTHER INFORMATION CONTACT: If you have additional comments, regarding the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please contact: Desiree M. Dickinson, ATF Firearms and Explosives Imports Branch either by mail at 244 Needy Road, Martinsburg, WV 25405, or by email at
desiree.dickinson@atf.gov
, or by telephone at 304-616-4584.
* SUPPLEMENTARY INFORMATION: …
   – Type of Information Collection (check justification or form 83): Extension, with change, of a currently approved collection.
   – The Title of the Form/Collection: Application and Permit for Importation of Firearms, Ammunition and Defense Articles. …
   – Form number (if applicable): ATF Form 6–Part II (5330.3B).
   – Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. …
   – Abstract: The information on the Application and Permit for Importation of Firearms, Ammunition and Defense Articles–(ATF Form 6–Part II (5330.3B) is used to determine if the article(s) described in the application qualifies for importation by the importer, and to serve as the authorization for the importer. …
 
If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530.
 
Dated: April 5, 2019.
Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice.

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

OGSOTHER GOVERNMENT SOURCES

OGS_a12. Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register)

 

 * Commerce/BIS; RULES; Revisions to the Unverified List [Pub. Date: 11 Apr 2019.]

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

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

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

OGS_a45
. White House: “President Continues the National Emergency with Respect to Somalia”

(Source:
The White House, 10 Apr 2019.)
 
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days before the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date. In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency declared in Executive Order 13536 of April 12, 2010, with respect to Somalia is to continue in effect beyond April 12, 2019.
 

The United States is strongly committed to Somalia’s stabilization, and it is important to maintain sanctions against persons undermining its stability. The situation with respect to Somalia continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. Therefore, I have determined that it is necessary to continue the national emergency declared in Executive Order 13536 with respect to Somalia.

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

 
Regulations

* Commission Implementing Regulation (EU) 2019/567 of 9 April 2019 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq  

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


NWSNEWS

NWS_a27
. Financial Times: “Microsoft Worked with Chinese Military University on Artificial Intelligence”

(Source: Financial Times, 10 Apr 2019.) [Excerpts.]
 
Microsoft has worked with a Chinese military-run university on artificial intelligence research that could be used for surveillance and censorship.
 
Three papers, published between March and November last year, were co-written by academics at Microsoft Research Asia in Beijing and researchers with affiliations to China’s National University of Defense Technology, which is controlled by China’s top military body, the Central Military Commission. …
 
The US government is debating whether research collaborations, particularly in sensitive areas such as artificial intelligence and augmented reality, should be subject to stricter export controls. …

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

NWS_a38
. Reuters: “U.S. Proposes List of EU Goods for Tariff Retaliation Against Airbus Subsidies”

(Source: Reuters, 9 Apr 2019.)
 
The U.S. Trade Representative on Monday proposed a list of European Union products ranging from large commercial aircraft and parts to dairy products and wine on which to slap tariffs as retaliation for European aircraft subsidies.
 
With the move, the USTR said it was kicking off the process for retaliation against over $11 billion worth of damage from EU subsidies to Airbus that the World Trade Organization has found cause “adverse effects” to the United States.
 
The European Union and the United States have been battling for more than a decade over mutual claims of illegal aid to plane giants Boeing and Airbus, with parallel cases at the WTO. Both sides have been caught paying billions of dollars of subsidies to gain advantage in the global jet business.
 
The move by the USTR marks an escalation of tensions as the United States seeks to slap hefty tariffs on a range of EU products. The EU has left most of its subsidies unchanged and launched additional aid since the challenge, USTR said.
 
“Our ultimate goal is to reach an agreement with the EU to end all WTO-inconsistent subsidies to large civil aircraft. When the EU ends these harmful subsidies, the additional U.S. duties imposed in response can be lifted,” U.S. Trade Representative Robert Lighthizer said in the statement.
 
The WTO said last year it would evaluate a U.S. request to slap billions of dollars worth of sanctions on European products in response to a ruling that the EU had doled out the illegal subsidies to the aircraft giant.
 
The United States has estimated the value of those subsidies worth $11.2 billion in trade, though the EU has challenged that estimate.
 

The USTR said it would announce a final product list after a WTO arbiter evaluates the claims. The result is expected this summer, the statement said.

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

NWS_a49
. Space News: “Commerce Department Seeks to Increase American Space Industry’s Global Competitiveness”

(Source: Space News, 9 Apr 2019.) [Excerpts.]
 
The Commerce Department wants to improve the standing of the American space industry in an increasingly competitive global market through a combination of regulatory reform and promotional efforts.
 
Commerce Secretary Wilbur Ross, giving a keynote address at the 35th Space Symposium here April 9, said the underlying goal of his department’s growing portfolio of space activities is to keep American industry at the forefront of a market that could be worth more than a trillion dollars in two decades. …
 

… Ross said his department is working on a variety of regulatory reform efforts outlined in Space Policy Directive 2. That includes a review of space-related items on export control lists maintained by the Commerce Department, along with a parallel review by the State Department of the more restrictive U.S. Munitions List. An industry day about those planned reviews will take place April 17 at the Commerce Department headquarters in Washington. …  

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

COMMCOMMENTARY

COM_a1
10.
B.S. Karp, H.C. Boehning & J.S. Carey: “OFAC Takes Enforcement Action Against U.S. Parent Company for its Recently Acquired Chinese Subsidiary’s Iran Sanctions Violations”

 
* Authors: Brad S. Karp, Esq.,
bkarp@paulweiss.com, +1-212-373-3316; H. Christopher Boehning, Esq.,
cboehning@paulweiss.com, +1-212-373-3061; Jessica S. Carey, Esq.,
jcarey@paulweiss.com, +1-212-373-3566. All of Paul Weiss.
 
Enforcement Action Shows the Importance of Pre-Acquisition Sanctions Due Diligence and Post-Acquisition Sanctions Compliance Enhancements
 
On March 27, 2019, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced a $1,869,144 settlement agreement with Connecticut-based Stanley Black & Decker, Inc. (“Stanley Black & Decker”), a manufacturer of industrial tools and household hardware, regarding 23 apparent violations of OFAC’s Iran sanctions regulations.[FN/1] OFAC determined that Stanley Black & Decker’s Chinese subsidiary, Jiangsu Guoqiang Tools Co. Ltd. (“GQ”), knowingly provided power tools and spare parts to Iranian end-users.[FN/2] According to OFAC, GQ’s shipments were made via third-party intermediaries, located in the United Arab Emirates and China, with the knowledge that the products were ultimately destined for Iran.[3] Under U.S. law, non-U.S. companies owned or controlled by U.S. companies are required to adhere to Iran sanctions as if they were U.S. persons. The settlement, along with the Kollmorgen Corporation (“Kollmorgen”) settlement in February 2019, signals the Trump Administration’s willingness to hold U.S. parent companies liable for their subsidiaries’ Iran sanctions violations, which is an area that, prior to this year, had seen little enforcement activity to date.
 
Stanley Black & Decker’s Acquisition-Related Due Diligence and Post-Acquisition Compliance Integration Activities
 
According to OFAC, Stanley Black & Decker began acquisition negotiations with GQ in 2011, during which Stanley Black & Decker engaged in sanctions due diligence and discovered that GQ exported to Iran. Over the course of the ensuing negotiations, Stanley Black & Decker took steps to require GQ to cease sales to, and transactions with, Iran prior to the acquisition date, and made ceasing such sales a prerequisite condition of the closing. In May 2013, Stanley Black & Decker acquired a 60 percent interest in GQ, thereby subjecting GQ to the Iranian Transactions and Sanctions Regulations (the “ITSR”).[FN/4]
 
OFAC noted that, subsequent to the acquisition of GQ, Stanley Black & Decker provided a series of trainings to GQ’s employees on Stanley Black & Decker’s U.S. economic sanctions compliance policies and procedures. According to OFAC, shortly after the acquisition Stanley Black & Decker’s internal legal counsel reviewed the company’s sanctions compliance policies and procedures with GQ’s Manager for Export Sales by telephone. The GQ Manager for Export Sales was subsequently asked to provide this same training the broader GQ Export Sales team and to designate two GQ employees to attend additional training regarding Stanley Black & Decker’s customer screening tool.
 
Approximately one year after the acquisition, Stanley Black & Decker internal compliance personnel again reviewed the sanctions compliance policies and procedures with the GQ Manager for Export Sales and, this time, other members of the Export Sales team. Notwithstanding these telephone trainings, OFAC noted that Stanley Black & Decker “did not implement procedures to monitor or audit GQ’s operations to ensure that its Iran-related sales had in fact ceased or did not recur post-acquisition.”[FN/5]
 
The Apparent Violations
 
OFAC determined that GQ appeared to have violated § 560.215(a) of the ITSR when it provided power tools and spare parts to Iran between June 2013 and December 2014.[FN/6] Section 560.215 of the ITSR implements § 218 of the Iran Threat Reduction and Syria Human Rights Act, which extends the prohibitions in the ITSR to non-U.S. companies owned or controlled by U.S. companies and imposes liability on U.S. companies for Iran sanctions violations by non-U.S. companies they own or control. The total value of the power tools and parts provided to Iranian end users was $3,201,648.
 
According to OFAC, in spite of GQ’s executed written agreements to not engage in transactions with Iran and Stanley Black & Decker’s post-acquisition compliance trainings, GQ willfully, and with full knowledge of the applicable sanctions prohibitions, continued to export goods to Iran throughout 2013 and 2014.[FN/7] OFAC stated that members of GQ’s board of directors, senior management, and other employees were aware of the prohibited transactions and engaged in non-routine business practices in order to facilitate GQ’s prohibited exports to Iran and to conceal such transactions from Stanley Black & Decker.
 
OFAC stated that GQ utilized six trading companies (four located in the United Arab Emirates and two located in China) as intermediaries for these sales, and made shipments to these intermediaries with the knowledge that the products were ultimately destined for end users located in Iran. According to OFAC, GQ employees created fictitious bills of lading with incorrect ports of discharge and places of delivery. GQ employees also instructed customers not to write “Iran” on business documents, including bills of lading. Once Stanley Black & Decker became aware of the potential violations of U.S. economic sanctions, it initiated an internal investigation, subsequently hired a third-party independent investigative company, and ultimately disclosed the matter to OFAC.
 
Factors Affecting OFAC’s Penalty Determination
 
OFAC determined that Stanley Black & Decker voluntarily self-disclosed the apparent violations and that the apparent violations constituted an egregious case. The statutory maximum civil monetary penalty amount for the apparent violations was $6,922,757, and the base penalty amount was $3,461,378. The settlement amount reflected OFAC’s consideration of the following facts and circumstances pursuant to OFAC’s Economic Sanctions Enforcement Guidelines.[FN/8]
 
OFAC determined the following to be aggravating factors:
 
– “GQ, and its senior management, including two board members and an export sales manager, willfully violated the ITSR when it exported and attempted to export, reexport, sell, or supply power tools and spare parts directly or indirectly to Iran with knowledge that such activities constituted apparent violations of U.S. economic sanctions regulations and laws;”
– “GQ caused harm to the objectives of the ITSR by conferring an economic benefit to Iran over an 18-month period, in a systematic scheme involving a series of transactions that occurred on a continuing basis; and”
– “GQ is a sophisticated company with a history of extensive export operations, with executive leadership who had knowledge of U.S. economic sanctions.”[FN/9]
 
OFAC determined the following to be mitigating factors:
 
– “Neither Stanley Black & Decker nor GQ have received a penalty notice or finding of violation from OFAC in the five years preceding the earliest transaction giving rise to the apparent violations;”
– “Upon learning of GQ’s apparent violations, Stanley Black & Decker implemented immediate and substantive remedial efforts, including halting all GQ exports, hiring an independent investigator; and”
– “Stanley Black & Decker cooperated with OFAC’s investigation by conducting an extensive investigation and producing the results to OFAC, responding to OFAC’s requests for additional information with detailed records and meaningful clarifications, and signed multiple tolling agreements to extend the statute of limitations.”[FN/10]
 
As is its standard practice, OFAC did not disclose how it weighed these aggravating and mitigating factors in reaching the settlement amount. OFAC also described several compliance enhancements that Stanley Black & Decker committed to implement as a part of its settlement with OFAC (which has become OFAC’s standard practice and such commitments are enforceable by OFAC, including by means of reopening the investigation), including having a new management team in place at GQ that:
 
– “[I]s committed to a culture of compliance;”
– “[C]onducts regular risk assessments to ensure that its internal controls appropriately mitigate the entity’s sanctions-related risks;”
– “[C]onducts regularized audits; and”
– “[P]rovides ongoing sanctions compliance training throughout GQ.” [FN/11]
 
Implications
 
OFAC’s actions reflect the Trump Administration’s aggressive stance on Iran sanctions. Along with the Kollmorgen Corporation settlement with OFAC in Feburary 2019, the settlement with Stanley Black & Decker signals heightened OFAC interest in pursuing U.S. companies for the Iran sanctions violations of the non-U.S. companies they own or control.[FN/12] The Stanley Black & Decker settlement makes clear that OFAC expects the immediate adoption and implementation of appropriate controls when U.S. companies acquire non-U.S. companies with preexisting relationships with sanctioned persons or jurisdictions. This is particularly relevant for target companies that have preexisting relationships with Iran and Cuba, given that under these sanctions programs non-U.S. entities owned or controlled by U.S persons are themselves required to adhere to Iran and Cuba sanctions. [FN/13]
 
The settlement with Stanley Black & Decker also demonstrates that post-acquisition compliance policies and trainings alone will not be sufficient to inoculate against all potential sanctions risks. OFAC clearly expects entities to approach sanctions compliance holistically and to augment policies and training with routine audits, risk assessments, and other internal controls to ensure compliance with U.S. economic sanctions. This may be particularly relevant where, such as in the Stanley Black & Decker acquisition of GQ, due diligence indicates that a non-U.S. acquisition target has current or prior dealings with a comprehensively sanctioned jurisdiction.
 
Consistent with other recent sanctions enforcement actions,[FN14] this case also highlights the importance of performing heightened due diligence with regard to potential acquisition targets, joint venture partners, customers, and other counterparties known to engage in business with sanctioned jurisdictions or persons or that otherwise pose elevated risk profiles due to their geographic location, customers, suppliers, or products. This is also consistent with FinCEN’s 2018 advisory on Iran’s attempts to exploit the U.S. financial system, which recommends enhanced due diligence for transactions originating from or otherwise involving jurisdictions in close proximity to Iran.[FN/15]
 
Finally, unlike the Kollmorgen settlement (determined to be non-egregious and resulting in a $7,343 penalty), in which OFAC cited Kollmorgen’s “extensive preventative and remedial conduct” as a mitigating factor,[FN/16] OFAC did not explicitly include any of Stanley Black & Decker’s pre-acquisition sanctions due diligence or post-acquisition sanctions compliance integration activities in its list of mitigating factors. Based upon OFAC’s descriptions, the diligence conducted by Kollmorgen, both before and after acquisition, was far more extensive than the diligence conducted by Stanley Black & Decker. Kollmorgen’s diligence efforts appear to have been a key factor in OFAC’s determination that the conduct in that case was non-egregious. It is also noteworthy that the value provided to Iran, as described by OFAC, was significantly higher in the Stanley Black & Decker settlement (approximately $3,201,648) compared to the Kollmorgen settlement (approximately $14,867). Although OFAC does not disclose how it weighs various aggravating and mitigating factors, these two cases (with relatively similar fact patterns, but significantly different penalty outcomes) demonstrate that OFAC views robust pre-acquisition sanctions due diligence and post-acquisition sanctions compliance enhancements as important mitigating factors in the OFAC enforcement context that may affect any potential penalty amount imposed.
 
———-
[FN/2] Id.
[FN/3] Id.
[FN/4] Id.
[FN/5] Id. At 1-2.
[FN/6] See 31 C.F.R. part 560.
[FN/7] OFAC Web Notice at 2.
[FN/8] See 31 C.F.R. part 501, app. A. “General Factors Affecting Administrative Action.”
[FN/9] OFAC Web Notice at 2.
[FN/10] Id. at 3.
[FN/11] Id.
[FN/13] See Cuban Assets Control Regulations, 31 C.F.R. § 515.329.

back to top 

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

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a1
11.
ECTI Presents “Routed Exports: Blindfolded and Walking Through a Minefield – What Could Go Wrong?” Webinar on 14 May 

(Source: D. Hatch, 
danielle@learnexportcompliance.com.)

 
* What: Routed Exports: Blindfolded and Walking Through a Minefield – What Could Go Wrong?
* When: May 14, 2019 1:00 p.m. (EDT)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker: Jonathan Young
* Register: 
here or contact Danielle Hatch at 540-433-3977, 

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

ENEDITOR’S NOTES


William Hazlitt (10 Apr 1778 – 18 Sep 1830; was an English essayist, drama and literary critic, painter, social commentator, and philosopher. He is now considered one of the greatest critics and essayists in the history of the English language, placed in the company of Samuel Johnson and George Orwell.)
   – “Look up, laugh loud, talk big, keep the color in your cheek and the fire in your eye, adorn your person, maintain your health, your beauty and your animal spirits.”
   – “Few things tend more to alienate friendship than a want of punctuality in our engagements. I have known the breach of a promise to dine to break up more than one intimacy.”

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

EN_a313
. Are Your Copies of Regulations Up to Date?
(Source: Editor)

 

*
DHS CUSTOMS REGULATIONS: 19 CFR, Ch. 1, Pts. 0-199.  Implemented by Dep’t of Homeland Security, U.S. Customs & Border Protection.

  – Last Amendment: 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 Atomic Energy Act of 1954.
  – Last Amendment: 23 Feb 2015: 80 FR 9359, comprehensive updating of regulations, updates the activities and technologies subject to specific authorization and DOE reporting requirements. This rule also identifies destinations with respect to which most assistance would be generally authorized and destinations that would require a specific authorization by the Secretary of Energy.
 
DOE EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL; 10 CFR Part 110; Implemented by Dep’t of Energy, U.S. Nuclear Regulatory Commission, under Atomic Energy Act of 1954.
  – Last Amendment: 20 Nov 2018, 10 CFR 110.6, Re-transfers.
 

* DOJ ATF ARMS IMPORT REGULATIONS: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War.  Implemented by Dep’t of Justice, Bureau of Alcohol, Tobacco, Firearms & Explosives.
  – Last Amendment: 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 Mar 2019) of the ITAR with all amendments is contained in Bartlett’s Annotated ITAR (“BITAR”), by James E. Bartlett III. The BITAR contains all ITAR amendments to date, plus a large Index, over 800 footnotes containing amendment histories, case annotations, practice tips, DDTC guidance, and explanations of errors in the official ITAR text. Subscribers receive updated copies of the BITAR in Word by email, usually revised within 24 hours after every ITAR amendment. The BITAR is available by annual subscription from the Full Circle Compliance website. BAFTR subscribers receive a $25 discount on subscriptions to the BITAR, please contact us to receive your discount code.
 
* DOT FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders. 

Implemented by Dep’t of Treasury, Office of Foreign Assets Control.

  – Last Amendment: 15 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]. 

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

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

EN_a0314
Weekly Highlights of the Daily Bugle Top Stories

(Source: Editor) 

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

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

EPEDITORIAL POLICY

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., compiled by: Editor, James E. Bartlett III; Assistant Editors, Alexander P. Bosch and Vincent J.A. Goossen; and Events & Jobs Editor, Alex Witt. The Ex/Im Daily Update is emailed every business day to approximately 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 of this newsletter cannot be relied upon as legal or expert advice.  Consult your own legal counsel or compliance specialists before taking actions based upon news items or opinions from this or other unofficial sources.  If any U.S. federal tax issue is discussed in this communication, it was not intended or written by the author or sender for tax or legal advice, and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or tax-related matter.


* SUBSCRIPTIONS: Subscriptions are free.  Subscribe by completing the request form on the Full Circle Compliance website

* BACK ISSUES: An archive of Daily Bugle publications from 2005 to present is available HERE.

* TO UNSUBSCRIBE: Use the Safe Unsubscribe link below.  

Scroll to Top