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19-0524 Friday “Daily Bugle”

19-0524 Friday “Daily Bugle”

Friday, 24 May 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. Contact us for advertising  

inquiries and rates
. [The Daily Bugle will not be published Monday, 27 May 2019, a U.S. Federal Holiday.] 

  1. Commerce/BIS Amends EAR, Moves Venezuela from Country Group B to Country Groups D:1-4
  2. Commerce/BIS Corrects 14 May Entity List Amendment
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. OMB/OIRA Reviews of Proposed Ex/Im Regulations: Adjustment of Controls for Lower Performing Radar and Continued Temporary Modification of Category XI of USML 
  4. State/DDTC: (No new postings.)
  1. Bloomberg: “Trump Wields More Powerful Weapon Than Tariffs in Trade War”
  2. CNBC: “DOJ Alleges Spacex Supplier Faked Inspection Reports for ‘Critical’ Rocket Parts on 10 Missions”
  3. Defense News: “Trump Pushes Through Bomb Sales Over Congress Objections; Dems Warn of Repercussions for Industry”
  4. Financieel Dagblad: “Dutch Universities Tolerate Risk of Espionage”
  1. B.M. McMillan, L.S. Test & D. Andreeff: “U.S. Government Imposes New Sanctions on Iran-related Trade in Iron and Copper and Additional Sanctions on Trade in Steel and Aluminum”
  2. D.R. Hamill, T.M. Polino & D. Salkeld: “China Section 301 List 3 Exclusion Process to Commence this Summer”
  3. F. Laired: “BIS Publishes Rule Putting New Controls on Some Emerging Technologies”
  4. The FAQ of the Day: Temporary Import and Subsequent Export of Classified FMS Defense Articles
  1. ECTI Presents “Technology Export Controls: Practical Tips and Tools for Compliance” Webinar on 13 Jul 
  2. FCC Presents “U.S. Export Controls: The EAR from a non-U.S. Perspective”, 27 Nov in Bruchem, the Netherlands 
  3. List of Approaching Events: 153 Events Posted This Week, Including 13 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 (24 May 2019), 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 Apr 2019), DOT/FACR/OFAC (29 Apr 2019), HTSUS (21 May 2019) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1
. Commerce/BIS Amends EAR, Moves Venezuela from Country Group B to Country Group D:1-4
(Source:
Federal Register
, 24 May 2019.) [Excerpts.]

 
84 FR 24018-24021: Revisions to Country Group Designations for Venezuela and Conforming Changes for License Requirements
 
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Final rule.
* SUMMARY: In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove Venezuela from Country Group B, which affords favorable treatment for certain exports of National Security-controlled items, and moves Venezuela to Country Group D:1, which lists countries of national security concern. This final rule makes these changes to the EAR to reflect current national security concerns related to Venezuela, e.g., the introduction of foreign military personnel and equipment into Venezuela, and to better protect U.S. national security. The changes in this final rule also better align the Country Group designations for Venezuela with other EAR national security-related provisions that already apply to Venezuela, e.g., the military end-use and end-user controls that apply to certain items for export, reexport, or transfer (in-country) and provisions that are specific to countries subject to U.S. arms embargoes. In addition, this final rule adds Venezuela to Country Groups D:2-4, which list countries of nuclear, chemical and biological weapons, and missile technology concern, respectively.
* DATES:
This rule is effective May 24, 2019.
* FOR FURTHER INFORMATION CONTACT: Foreign Policy Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, U.S. Department of Commerce, Phone: (202) 482-4252.
* SUPPLEMENTARY INFORMATION: … In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement a decision to remove Venezuela from Country Group B, which affords favorable treatment for certain exports of National Security-controlled items, and moves Venezuela to Country Group D:1, which lists countries of national security concern (Supplement No. 1 to part 740). In addition, this final rule adds Venezuela to Country Groups D:2-4, which list countries of nuclear, chemical and biological weapons, and missile technology concern, respectively.
 
This final rule protects U.S. national security interests by making changes to the EAR to address current national security concerns related to Venezuela, e.g., the introduction of foreign military personnel and equipment into Venezuela, and better align the Country Group designation for Venezuela with other EAR national security related provisions that apply to Venezuela. For example, Venezuela is included in the military end-use and end-user control in §744.21: Restrictions on certain `Military end uses’ in the People’s Republic of China or for a `Military end use’ or `Military end user’ in Russia or Venezuela. Venezuela is also already designated in Country Group D:5 as a U.S. Arms Embargoed Country, meaning that the general restrictions on the use of license exceptions in §740.2(a)(12) for 9×515 and “600 series” items apply, along with the more restrictive license review policy for national security controlled items in §742.4(b)(1)(ii) for 9×515 and “600 series” items.
 
The removal of Venezuela from Country Group B and its addition to Country Group D:1 will make exports and reexports to Venezuela and transfers within Venezuela ineligible for certain license exceptions set forth in Part 740. In addition, the national security licensing policy set forth in §742.4(b) for Country Group D:1 countries will apply to those exports, reexports, and transfers (in-country). The U.S. Government has determined that the conduct of Venezuela raises sufficient concern that interagency review of proposed exports, reexports, or transfers (in-country) of national security controlled items subject to the EAR, previously eligible for certain license exceptions to Venezuela, and the possible imposition of license conditions or license denials on exports, reexports, and transfers (in-country), will enhance BIS’s ability to protect U.S. national security interests.
 
In addition, the U.S. Government has determined that Venezuela’s increasing dependence on countries in Country Groups D:3 and E merited its placement in Country Groups D:2-4.
 
Amendments to Country Groups B and D:1-4 Affecting License Exception Eligibility, License Requirements (Including CCL-Based and End-Use-Based License Requirements), and Licensing Policy for Venezuela
 
Supplement No. 1 to Part 740 contains several tables of “Country Groups” that are used to identify, among other things, license exception eligibility and licensing policy. This rule removes Venezuela from Country Group B and adds Venezuela to Country Groups D:1-4.
 
Effects of Removing Venezuela From Country Group B
 
License exceptions found in §740.3, Shipments of limited value (LVS); §740.4, Shipments to Country Group B countries (GBS); and §740.6, Technology and software under restriction (TSR) are available only if the destination is in Country Group B. This change removes Venezuela from the list of eligible destinations for exports, reexports, and transfers (in-country) that are authorized by License Exceptions LVS, GBS and TSR.
 
Effects of Adding Venezuela to Country Groups D:1-4
 
License exceptions found in §740.9, Temporary imports, exports, reexports, and transfers (in-country) (TMP); §740.10, Servicing and replacement of parts and equipment (RPL); §740.12, Gift parcels and humanitarian donations (GFT); §740.14, Baggage (BAG); §740.15, Aircraft and vessels (AVS); §740.16, Additional permissive reexports (APR); and §740.17, Encryption, commodities, software, and technology (ENC) all contain limitations or restrictions on their use for exports or reexports to destinations in Country Groups D:1, D:2, D:3, and/or D:4. Those limitations and restrictions will now apply to License Exceptions TMP, RPL, GFT, BAG, AVS, APR, and ENC to Venezuela.
 
Section 742.4(b)(2) of the EAR states the licensing policy for exports and reexports of national security controlled items to destinations in Country Group D:1. That licensing policy is to approve applications when BIS determines, on a case-by-case basis, that the items are for civilian use or otherwise would not make a significant contribution to the military potential of the country of destination that would prove detrimental to the national security of the United States. Applications to export or reexport national security controlled items to Venezuela will now be subject to this licensing policy.
 
In addition, Venezuela’s placement in Country Group D:1 will result in the imposition of restrictions on the export, reexport, and transfer (in-country) of certain microprocessors to military end uses and end users in Venezuela, pursuant to §744.17: Restrictions on certain exports, reexports and transfers (in-country) of microprocessors and associated “software” and “technology” for `military end uses’ and to `military end users.’ Furthermore, restrictions on certain exports and reexports to vessels and aircraft located in Venezuelan ports or registered in Venezuela will become effective pursuant to §744.7, Restrictions on certain exports to and for the use of certain foreign vessels or aircraft. Finally, the addition of Venezuela to Country Group D:1 will expand the licensing requirements for reexports of the foreign-produced direct product of U.S.-origin technology and software to Venezuela pursuant to §736.2(b)(3), General Prohibition Three.
 
Consistent with adding Venezuela to Country Group D:2, a license will be required for the export or reexport of items subject to the nuclear nonproliferation column 2 (NP 2) controls [Export Control Classification Numbers (ECCNs) 1A290, 1C298, 2A290, 2A291, 2D290, 2E001 (for that portion that applies for 2A290, 2A291 and 2D290) and 2E002 (for that portion that applies to 2A290 and 2A291) and 2E290]. This final rule adds an “X” in the NP 2 column of the nuclear nonproliferation column in Supplement No. 1 to Part 738 of the EAR for Venezuela. License applications for these items will be reviewed under the licensing policy in §742.3 of the EAR. Consistent with adding Venezuela to Country Group D:2, the general prohibition in paragraph (a)(1)(i)(A) of §744.6, Restrictions on certain activities of U.S. persons, will be applicable if the U.S. person exporter, reexporter, or transferor has “knowledge” of a prohibited end use in or by Venezuela.
 
Consistent with adding Venezuela to Country Group D:3, a license will be required for the export or reexport of items subject to the chemical and biological weapons column 3 (CB 3) controls (ECCN 1C991.d). This final rule adds an “X” in column 3 of the chemical and biological weapons column (CB 3) in Supplement No. 1 to Part 738 of the EAR. License applications for these items will be reviewed under the licensing policy in §742.2 of the EAR.
 
Consistent with adding Venezuela to Country Group D:4, the general prohibitions in §744.3-Restrictions on certain rocket systems (including ballistic missiles, space launch vehicles and sounding rockets) and unmanned aerial vehicles (including cruise missiles, target drones and reconnaissance drones) end-uses-under paragraphs (a)(1) and (a)(3) will be applicable if the exporter, reexporter, or transferor has “knowledge” the transaction involves one of those prohibited end uses in or by Venezuela. In addition, consistent with adding Venezuela to Country Group D:4, the general prohibitions in §744.6 under paragraphs (a)(1)(i)(B) and (a)(2)(i) will be applicable if the U.S. person exporter, reexporter, or transferor (for purposes of paragraph (a)(1)(i)(B)) or other activities unrelated to exports (for purposes of paragraph (a)(2)(i)) has “knowledge” the transaction involved one of those prohibited transactions or other activities in or by Venezuela.
 
Prior to publication of this final rule, Venezuela was already included in Country Group D:5 and the license review policy under §742.4(b)(1)(ii) continues to apply for items classified under 9×515 and “600 series” ECCNs for exports and reexports to Venezuela. Pursuant to §742.4(b)(1)(ii), these license applications will continue to be “reviewed consistent with United States arms embargo policies in §126.1” of the International Traffic in Arms Regulations.
 
Saving Clause
 
Shipments of items removed from license exception eligibility or eligibility for export, reexport or transfer (in-country) without a license as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export, on May 24, 2019, pursuant to actual orders for exports, reexports and transfers (in-country) to a foreign destination, may proceed to that destination under the previous license exception eligibility or without a license so long as they have been exported, reexported or transferred (in-country) before June 24, 2019. Any such items not actually exported, reexported or transferred (in-country) before midnight, on June 24, 2019 require a license in accordance with this final rule.
 
  Dated: May 17, 2019.
 
Richard E. Ashooh, Assistant Secretary for Export Administration.

 
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EXIM_a1

2
.
Commerce/BIS Corrects 14 May Entity List Amendment

(Source:
Federal Register, 24 May 2019.)

 
84 FR 24021: Addition of Certain Entities to the Entity List, Revision of an Entry on the Entity List, and Removal of an Entity From the Entity List
 
Correction
 
In rule document 2019-09945, appearing on pages 21233 through 21238, in the issue of Tuesday, May 14, 2019, make the following correction:
 
  PART 744
  [CORRECTED]
 
On page 21236, in the table labeled “Supplement No. 4 to Part 744-Entity List”, in the second column, in the third entry “Multi-Mart Electronics Technology Co, Ltd.,” in the second line, “S/F” should read “5/F”.

 
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OGSOTHER GOVERNMENT SOURCES

OGS_a13
. Items Scheduled
for Publication in Future Federal Register Editions

(Source:
Federal Register
)

 
* Treasury/OFAC: NOTICES; Blocking or Unblocking of Persons and Properties [Pub. Date: 28 May 2019.]

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

OGS_a24
. Commerce/BIS: (No new postings.)

(Source: Commerce/BIS)

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

OGS_a35.
OMB/OIRA Reviews of Proposed Ex/Im Regulations: Adjustment of Controls for Lower Performing Radar and Continued Temporary Modification of Category XI of USML
(Source:
OMB/OIRA
, 22 May 2019.)
 
* TITLE: Adjustment of Controls for Lower Performing Radar and Continued Temporary Modification of Category XI of the United States Munitions List (USML)
  – AGENCY: State
  – STAGE: Finale Rule
  – RECEIVED DATE: 22 May 2019
  – RIN:
1400-AE88   
  – STATUS:
Pending Review

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

OGS_a4
6.
State/DDTC: (No new postings.)

(Source:
State/DDTC
)

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

NWSNEWS

NWS_a017.
Bloomberg: “Trump Wields More Powerful Weapon Than Tariffs in Trade War”

(Source:
Bloomberg, 23 May 2019.) [Excerpts.]
 
President
Donald Trump‘s trade war against China has so far focused on attacking imports. His new front: Weaponizing American exports.
 
The Trump administration is seeking to choke off Beijing’s access to
key technologies by limiting the sale of vital U.S. components to China’s Huawei Technologies Co. The U.S. is considering putting at least five Chinese surveillance companies on the same blacklist.
 
The moves are part of a bigger effort by the U.S. to expand and toughen the export control regime that for decades has curbed the sale of defense-related technologies to rogue regimes and strategic rivals. It’s a process that has prompted fears from business that as Trump’s trade war grows into a broader technology-driven conflict with China the U.S. could end up damaging its own economic future. …

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

NWS_a28.
CNBC: “DOJ Alleges Spacex Supplier Faked Inspection Reports for ‘Critical’ Rocket Parts on 10 Missions”

(Source:
CNBC, 23 May 2019.) [Excerpts.]
 
Department of Justice officials on Wednesday
announced criminal charges against James Smalley, an engineer for a tiny aerospace supply company, for allegedly falsifying dozens of inspection reports for parts used in SpaceX rockets.
 
Smalley was arrested and faces up to 10 years in prison for the charges. The 41-year-old worked in quality assurance for now defunct PMI Industries – a Rochester, New York company that specialized in the machining of aluminum and steel parts for aerospace and defense contractors.
 
The alleged fraud affected at least 76 individual rocket parts, according to the DOJ, with Smalley falsifying “at least 38 source inspection reports” for parts “procured by SpaceX for the construction of the Falcon 9 and Falcon Heavy” rockets. In all, the parts were on rockets that were either flown or scheduled to fly on 10 missions, the Justice Department’s complaint said. …

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

NWS_a39.
Defense News: “Trump Pushes Through Bomb Sales Over Congress Objections; Dems Warn of Repercussions for Industry”

(Source:
Defense News, 24 May 2019.) [Excerpts.]
 
Senate Democrats say the Trump administration has
formally invoked an exemption that allows the White House to clear weapon sales for Saudi Arabia and the United Arab Emirates, despite congressional disapproval.
 
For the last year, Sen. Bob Menendez, D-N.J., the ranking member of the Senate Foreign Relations Committee, has
held up the sale of precision-guided munitions to
Saudi Arabia and the UAE, over concerns of how they will be used as part of the Saudi-led actions against Iranian-backed fighters in Yemen, an operation that has led to a
humanitarian crisis in that country.
 
The Arms Control Act allows an exemption to sell weapons to partners in case of an emergency, something designed to speed up the process amid a crisis. In this case, Trump appears to be using the tense situation with Iran – based on intelligence reports that have been widely
questioned by Democrats – as a reason to push through the weapons. …

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

NWS_a410.
Financieel Dagblad: “Dutch Universities Tolerate Risk of Espionage”

(Source:
Financieel Dagblad, 14 May 2019.) [Excerpts. Translated from Dutch by Sven Goor of Full Circle Compliance.]
 
Dutch universities do not see it as their task to screen students or take other additional measures to mitigate the risk of knowledge and technology transfer to China. Talks between university administrators and the umbrella organization VSNU (
Vereniging van Samenwerkende Nederlandse Universiteiten) imply so.
 
Intelligence services warn for theft of research results from Dutch institutes by China. Awareness of these risks and resilience is insufficient among those institutes, according to the latest AIVD (Dutch Intelligence Service) report. Dual-Use goods in particular are prime targets and vulnerable to academic espionage.
 
However, universities are of the opinion additional measures and screening is a task the government should take on. According to a university chairman, the Netherlands is benefitting from its cooperation with China through collaboration with Chinese institutes and funding. …

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COMCOMMENTARY

COM_a011. 
B.M. McMillan, L.S. Test & D. Andreeff: “U.S. Government Imposes New Sanctions on Iran-related Trade in Iron and Copper and Additional Sanctions on Trade in Steel and Aluminum”

 
* Authors: Bart M. McMillan, Esq.; Lise S. Test, Esq.; and Daniel Andreeff, Esq. All of Baker McKenzie. Contact details
here.
 
On May 8, 2019, President Trump issued Executive Order 13871 (the “Iran Metals EO”) imposing sanctions on the iron, steel, aluminum, and cooper sectors of Iran subject to a 90-day wind-down period that will expire on August 6, 2019. Although the sale, supply or transfer to/from Iran of steel and aluminum is already targeted by Section 1245 of the Iran Freedom and Counter-Proliferation Act of 2012, the Iran Metals EO expands upon those sanctions and further targets the Iranian iron and copper sectors.
 
The Iran Metals EO authorizes the US Government to designate as a Specially Designated National (“SDN”) any person or entity that meets the following criteria:
 
  (1) Operating in the iron, steel, aluminum, or copper sector of Iran, or being a person that owns, controls, or operates an entity that is part of the iron, steel, aluminum, or copper sector of Iran;
  (2) Knowingly engaging, in a “significant” transaction for the sale, supply, or transfer to Iran of significant goods or services used in connection with the iron, steel, aluminum, or copper sectors of Iran on or after May 8, 2019;
  (3) Knowingly engaging in a “significant” transaction for the purchase, acquisition, sale, transport, or marketing of iron, iron products, aluminum, aluminum products, steel, steel products, copper, or copper products from Iran on or after May 8, 2019;
  (4) Materially assisting, sponsoring, or providing financial, material, or technological support for, or goods or services in support of any person designated as an SDN pursuant to the Iran Metals EO; or
  (5) Being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, any person designated as an SDN pursuant to the Iran Metals EO.
 
As such, the Iran Metals EO authorizes the imposition of sanctions on non-US persons operating both within and outside of Iran who engage in the activities described above. In addition, the Iran Metals EO authorizes the imposition of sanctions on non-US financial institutions involved in certain financial transactions involving these metal-related sectors of the Iranian economy. In particular, the Iran Metals EO authorizes the imposition of correspondent account and payable-though account sanctions on non-US financial institutions that, on or after May 8, 2019, knowingly conduct or facilitate any “significant” financial transaction:
 
  (1) For the sale, supply, or transfer to Iran of significant goods or services used in connection with the iron, steel, aluminum, or copper sectors of Iran;
  (2) For the purchase, acquisition, sale, transport, or marketing of iron, iron products, aluminum, aluminum products, steel, steel products, copper, or copper products from Iran; or
  (3) For or on behalf of any person designated as an SDN pursuant to the Iran Metals EO.
 
For the purposes of the Iran Metals EO, OFAC anticipates that it will adopt the multi-factor definition of “significant” set out at 31 C.F.R § 561.404, which includes the size, number, and frequency of the transactions and their impact on US sanctions program objectives. OFAC guidance on the Iran Metals EO also clarifies that entering into new business that would be sanctionable under the Iran Metals EO will not be considered wind-down activity, and could be sanctioned even during the wind-down period.

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COM_a112.
D.R. Hamill, T.M. Polino & D. Salkeld: “China Section 301 List 3 Exclusion Process to Commence this Summer”

(Source: Arent Fox, 23 May 2019.)
 
* Authors: David R. Hamill, Esq., 
david.hamill@arentfox.com
; Teresa M. Polino, Esq., 
teresa.polino@arentfox.com
; and David Salkeld, Esq.,
david.salkeld@arentfox.com
. All of Arent Fox LLP.
 
On May 21, 2019, the Office of the United States Trade Representative (USTR) published a Federal Register notice requesting comments on the proposed exclusion process for List 3 of the Section 301 tariffs on Chinese imports.
 
Comments on the
USTR’s proposal
are due June 7, 2019 and USTR plans to open the window for interested parties to submit exclusion requests on or around June 30, 2019.
 
Among various changes to the exclusion process for
List 3
, the proposal appears not to include a mechanism for applicants to designate specific information requested, e.g. company’s gross revenue and recent purchasing values and volumes, as business confidential in the current form. It is unclear at this time if omitting information requested but not identified as “required,” would allow USTR to not consider the request since estimates are allowable for certain fields, although these appear to be limited to when actual information is not known. Unlike the exclusion process for List 1 and List 2, the new process for List 3 exclusions does not permit parties to submit written arguments in an attachment to the USTR’s standard form, but rather all arguments must be submitted on the form itself.
 
Section 301 List 3
 
Section 301
List 3
covers $200 billion worth of Chinese goods and 5,745 product lines defined at eight-digit level of the Harmonized Tariff Scheduled of the United States (HTSUS).  Pursuant to a
May 9, 2019 notice
published by the USTR, the tariff rate applicable to List 3 was increased from 10 percent to 25 percent on May 10, 2019.  This notice clarified that List 3 goods already in transit from China before May 10 and entered prior to June 1 will be subject to the 10 percent duty rate rather than the higher 25 percent rate.  However, goods exported and entered on or after May 10 will be assessed the 25 percent rate, as will all goods entered on or after June 1, regardless of export date.  Please see our
previous alert
for additional information on List 3.
 
Proposed Exclusion Process for Section 301 List 3
 
The proposed exclusion process for List 3 requires use
of a standard exclusion request form
similar to that used in the List 1 and List 2 exclusion process, but adds multiple questions and new constraints.  As with the prior Section 301 exclusion processes, the proposed List 3 exclusion process would include a 14-day comment period after an exclusion request is posted, followed by a 7-day rebuttal period.  Similarly, the proposed the List 3 exclusion process would still require providing:
 
  • 10-digit HTSUS subheading
  • Detailed product description (e.g., dimensions, material composition, weight, function, etc.)
  • Annual quantity and value of the Chinese-origin product that the requester purchased in each of the last three years
  • Percentage of gross sale or total cost that subject import accounted for
  • Information relating to the product’s availability, economic impact, and relation to “Made in China 2025” or other Chinese industrial programs
 
However, the new aspects of the proposed exclusion process would include:
 
  • No reference to a mechanism for designating responses to questions within the form as business confidential information
  • All arguments must be included in the form, and separate written arguments are not allowed
  • Questions relating to List 1 and List 2 exclusion request submissions, including whether parties have submitted past requests
  • Annual quantity and value of the product that the requester purchased from third party sources in each of the last three years
  • Annual quantity and value of the product that the requester purchased from domestic sources in each of the last three years
  • Requestor’s gross revenue information for 2018 and 2019
  • Additional contact information, including the importer of record
 
Commenting on Proposed Exclusion Process for List 3
 
Comments on the proposed exclusion process for List 3 are due by June 7, 2019, and should be submitted to Office of Information and Regulatory Affairs at OMB either by:
 
 
Preparing for the Implementation of the List 3 Exclusion Process
 
Per the May 21 notice, USTR plans to implement an exclusion process for List 3 on or around June 30, 2019.  Companies are urged to be strategic in considering a request for exclusion as there are several factors to be considered apart from the data required.
 
Arent Fox has developed an internal process to help clients efficiently apply for List 3 exclusions, as well as a program to determine the impact from Section 301 tariffs on companies and assist them in developing strategic duty mitigation alternatives.
 
Status of List 1 and List 2 Exclusion Requests
 
The previous exclusion processes included 10,834 exclusion request submissions for List 1 and 2,920 exclusion request submissions for List 2. As of May 17, 2019, the status of these requests is as follows:


 
 
Stage 1
Stage 2
Stage 3
Granted
Denied
List 1
0%
3%
23%
18%
55%
List 2
<1%
13%
54%
0%
33%

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COM_a213.
F. Laired: “BIS Publishes Rule Putting New Controls on Some Emerging Technologies”
(Source: ECTI, Inc., alerts@learnexportcompliance.com.) 

* Author: Felice Laird, BSG Consulting, felice@exportstrategies.com.

The Bureau of Industry and Security (“BIS”) begins a roll out of new regulations on emerging technologies agreed to by Wassenaar member states. Each year, BIS publishes final rules (without the usual notice of proposed rulemaking) of changes to US national security controls. While all of the changes made by Wassenaar in 2018 have not yet been published, yesterday BIS has published a FINAL RULE on “emerging technologies”.  

This rule puts new controls on “emerging technology” items found in the Commerce Control List (“CCL”) Category 3, Category 5 Part II, Category 6 and Category 9. Specifically, this rule adds discrete microwave transistors (a major component of wideband semiconductors), continuity of operation software, post-quantum cryptography, underwater transducers designed to operate as hydrophones, and air-launch platforms. Expect to see other actions in the coming months.

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COM_a314. The FAQ of the Day: Temporary Import and Subsequent Export of Classified FMS Defense Articles

(Source:
State/DDTC, 24 May 2019.)
 
Q:
ITAR Part 123.4(a)(5)
provides an exemption for the temporary import and subsequent export of unclassified defense articles approved for import under the Foreign Military Sales (FMS) program and executed under a Letter of Offer and Acceptance (LOA). Is there a similar exemption for classified FMS articles?
 
A: Yes. The import and subsequent export of both classified and unclassified FMS defense items executed under a LOA are examples of “transfers,” as described in
§126.6(c) of the ITAR. Provided the criteria of §126.6(c) are fully satisfied, you may use the exemption covered in this section.

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TEEX/IM TRAINING EVENTS & CONFERENCES

TE_0
15
.
ECTI Presents “Technology Export Controls: Practical Tips and Tools for Compliance” Webinar on 13 Jul

(Source: Danielle Hatch, 
danielle@learnexportcompliance.com.)
 
* What:
 Technology Export Controls: Practical Tips and Tools for Compliance 
* When: July 31, 2019 1:00 p.m. (EDT)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker: Felice Laird
* Register: 
here or contact Danielle Hatch, 540-433-3977,

back to top

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TE_1
16
.
FCC Presents “U.S. Export Controls: The EAR from a non-U.S. Perspective”, 27 Nov in Bruchem, the Netherlands 

(Source:
Full Circle Compliance

events@fullcirclecompliance.eu
.)

 
This intermediate-level training course is specifically designed for compliance professionals and those in a similar role who aim to stay up-to-date with the latest Export Administration Regulations (EAR) requirements that apply to non-U.S. transactions.
 
The course will cover multiple topics relevant for organizations outside the U.S. that are subject to the Export Administration Regulations, including but not limited to: the U.S. regulatory framework, key EAR concepts and definitions, tips regarding classification and licensing, essential steps to ensure an EAR compliant shipment, how to handle a (potential) non-compliance issue, recent enforcement trends, and the latest regulatory amendments, including the latest U.S. Export Control Reform developments. Participants will receive a certification upon completion of the training.
 
Details
* What: U.S. Export Controls: The Export Administration Regulations (EAR) from a non-U.S. Perspective
* When: Wednesday, 27 Nov 2019
  – Welcome and Registration: 9.00 am – 9.30 am
  – Training hours: 9.30 am – 4.30 pm
* Where: Full Circle Compliance, Landgoed Groenhoven, Dorpsstraat 6, Bruchem, the Netherlands
* Information & Registration: via
event page
or contact FCC at
events@fullcirclecompliance.eu
or + 31 (0)23 – 844 – 9046
* This course can be followed in combination with “U.S. Export Controls: The International Traffic in Arms Regulations (ITAR) from a non-U.S. Perspective” (26 Nov 2019), and/or “The ABC of Foreign Military Sales” (29 Nov 2019). Please, see the
event page
for our combo deals.

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

TE_List17. 
List of Approaching Events: 153 Events Posted This Week, Including 13 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
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

 

* May 30: London, UK; “London Export Control Symposium“; UK/DIT
* May 30: London, UK; “Post Brexit Documentation and Compliance“; 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: Philadelphia, PA; “Automated Commercial Environment (ACE) Export Compliance Seminar“; U.S. Commercial Service

*
 
Jun 11: Sheffield, UK; “
Customs Procedures and Compliance in International Trade
“; Sheffield Chamber of Commerce

 
* Jun 11: Sydney, Australia; “Defence Export Controls Outreach“; DEC


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 12-13: Shanghai, China; “China Forum for Legal and Compliance Officers“; American Conference Institute

*
 
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 13: Huntsville, AL; “STOPfakes.gov Intellectual Property Protection Seminar“; Alabama District Export Council, U.S. Department of Commerce & North Alabama International Trade Association (NAITA); naita@naita.org, 256-532-3505

* Jun 13: Leeds, UK; “
Understanding Exporting & Incoterms
“; Chamber International

*
 
Jun 14: Cleveland, OH; “
Incoterms® 2010 Rules
“; Global Training 

#
* Jun 14: London, UK; “Sanctions & Embargoes” Financial Crime Limited

* Jun 17-20: San Diego, CA; “ITAR Defense Trade Controls / EAR Export Controls“; ECTI

* Jun 17-21: Los Angeles, CA; “Certified Classification Specialist (CCLS)“; Amber Road

* Jun 19-20: Washington DC;
 Export Controls & Technology Transfer Conference“; Squire Patton Boggs
* Jun 20: Kansas City, MO; “
Trade Compliance & Policy” C.H. Robinson

* Jun 25: London, UK; “Introduction to Export Licensing Controls“; The Institute of Export and International Trade

* Jun 25: Melbourne, Australia; “ITAR/EAR/AU Export Control Awareness“; Goal Group

#
* Jun 26: London, UK; “Making Better Licence Applications“; UK/DIT

* Jun 26-28: Washington D.C.; “American Association of Exporters and Importers (AAEI) Conference“; AAEI

*
 
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 16: Atlanta, GA; “
Trade Compliance & Policy” C.H. Robinson

* Jul 16-19; Chicago, IL; “Export Boot Camp“; Amber Road

* Jul 23: Laredo, TX; “
Trade Compliance & Policy” C.H. Robinson

*
Jul 23-25; Washington D.C.; “Anti-Corruption Compliance for High Risk Markets“; American Conference Institute

*
Jul 24-25: St. Louis, MO; “
 Complying with U.S. Export Controls
“; Commerce/BIS
* Jul 25: Dallas, TX; “Trade Compliance & Policy” C.H. Robinson 

* Jul 29-30: New Orleans, LA; “Global Trade Educational Conference“; NCBFAA Educational Institute  

* Jul 31: Leeds, UK; “Export Documentation” Chamber International 
* Jul 31-Aug 1: Seattle WA; “11th Annual Pacific Northwest Export Control Conference: Export Risks and Threats in the Cyber Domain“; DoC/U.S. Commercial Service, DHS/Homeland Security Investigations, Seattle University, Dorsey & Whitney LLP

* Aug 1-2: Torrance, CA; “Customs Compliance for Import Personnel” Foreign Trade Association

* 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: Los Angeles, CA; “
Trade Compliance & Policy” C.H. Robinson

* Aug 22: Milpitas, CA:

Encryption Controls
“;
Commerce/BIS

#
* Sep 2: Edinburgh, UK; “
Strategic Export Control: Intermediate Practitioners course“; UK/DIT

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

#
* Sep 3: Edinburgh, UK; “
Strategic Export Control: Foundation Workshop“; UK/DIT
#
* Sep 3: Edinburgh, UK; “
Strategic Export Control: Licenses Workshop“; UK/DIT

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

* Sep 10: Minneapolis, MN; “
Trade Compliance & Policy” C.H. Robinson

* Sep 10-11: Portland, OR; “Complying with U.S. Export Controls“; Commerce/BIS

* Sep 16-18: Winchester, UK; “
From EAR to ITARnity: Ever-challenging US Export Controls Compliance
” Squire Patton Boggs

* 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 18: Leeds, UK; “Export Documentation & Import Procedures“; Chamber International

 
* Sep 18-19: Los Angeles, CA; “Complying with U.S. Export Controls“; Commerce/BIS

*
 Sep 20: Las Vegas, NV; “
EAR and OFAC Fundamentals: Export Control Of Dual-Use Equipment
“; Barnes & Thornburg LLP

* Sep 24: Boston, MA; “
Trade Compliance & Policy” C.H. Robinson

* Sep 24-25: Minneapolis, MN; “Complying with U.S. Export Controls“; Commerce/BIS
* Sep 24-25: San Francisco, CA; “West Coast Conference on FCPA Enforcement and Compliance“; American Conference Institute

* Sep 24-26: Los Angeles, CA; “Export Controls Specialist – Certification“; Amber Road

*
 
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 25-26: Amsterdam, the Netherlands; “Defence Exports Annual Conference“; SMI

* Sep 26: Amsterdam, The Netherlands; “Global Trade Management: Turning trade challenges into opportunities” Amber Road

*
 
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: Chicago, IL; “
Trade Compliance & Policy” C.H. Robinson

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

#
* Oct 3-4: London, UK; “The WorldECR Export Controls & Sanctions Forum 2019“; WorldECR

*
 
Oct 7: Munich, Germany; “
European and German Export Controls
“; AWA

* Oct 8: New York, NY; “Trade Compliance & Policy” C.H. Robinson* Oct 14-17; Columbus, OH; “
University Export Controls Seminar
“; ECTI

*
Oct 15: Singapore; “
5th Asia Pacific Summit on Economic Sanctions Compliance and Enforcement
“; 
American Conference Institute

#
* Oct 15-16: Washington DC; “The WorldECR Export Controls & Sanctions Forum 2019“; WorldECR
#
* Oct 16: Leeds, UK; “
Strategic Export Control: Intermediate Practitioners course“; UK/DIT
#
* Oct 17: Leeds, UK; “
Strategic Export Control: Foundation Workshop“; UK/DIT
#
* Oct 17: Leeds, UK; “
Strategic Export Control: Licenses Workshop“; UK/DIT

*
Oct 17: Sheffield, UK; “
Export Documentation – How and Why?” 
; Sheffield Chamber of Commerce

* Oct 21-25: Chicago, IL; “Certified Classification Specialist (CCLS)“; Amber Road

* Oct 22: Indianapolis, IN; “
Trade Compliance & Policy” C.H. Robinson


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

* Oct 29: Montreal, Canada; “
Trade Compliance & Policy” C.H. Robinson

* Oct 29-30; Tysons Corner, VA; “Conducting an internal Import/Export Audit“; Amber Road
* Oct 31: Toronto, Canada; “Trade Compliance & Policy” C.H. Robinson 

* Nov 11-14; Washington, DC; “
ITAR Controls / EAR & OFAC Export Controls Seminar Series
“; ECTI

* Nov 19-21: Tysons Corner, VA; “Export Controls Specialist – Certification“; Amber Road

*
 
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 2-6: Tysons Corner, VA; “Certified Classification Specialist (CCLS)“; Amber Road

*
 
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 10-11: New York, NY; ” 
10th Annual New York Forum on Economic Sanctions“; American Conference Institute

*
 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

* Feb 24-26; Las Vegas, NV; “Winter Back to Basics Conference“; Society for International Affairs

* Mar 3-5; Vienna, Austria; “Lehrgang Exportkontrolle & Export Compliance“; OPWZ

 
Webinars 



* May 28: Webinar: “Export Control Reform for the Firearms Industry“; Orchid Advisors  
* May 28: Webinar: “ITAR-to-EAR” Orchid Advisors

* Jun 6: Webinar: “China Trade Update“; Massachusetts Export Center; 617-973-6610

* Jun 10: Webinar: “
Export Controls: Key Issues and Compliance Best Practices
“; Society of Corporate Compliance and Ethics
* Jun 12: Webinar: “OFAC Sanctions Update: What the Compliance Practitioner Needs to Know“; Society of Corporate Compliance and Ethics

*
Jun 12: Webinar: “EU Export Controls“; BDP
 


* Jun 13: Webinar: “Supply Chain & Global Trade Analytics“; Amber Road

#
* June 25:
Webinar:
 
Export Control and IT Modernization – Issues and Considerations
; ECTI; 540-433-3977

* Jul 10: Webinar: “
EAR
“; Global Training Center
* Jul 11: Webinar: “
ITAR
“; Global Training Center

* Jul 19: Webinar: “Managing Export Operations and Compliance“; Massachusetts Export Center; 617-973-6610
# * July 31: Webinar: Technology Export Controls: Practical Tips and Tools for Compliance; ECTI; 540-433-3977 

* Sep 25: Webinar: “
EAR
“; Global Training Center
* Sep 26: Webinar: “
ITAR
“; Global Training Center

* 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_a118
. Bartlett’s Unfamiliar Quotations

(Source: Editor)

 

*
Benjamin N. Cardozo (Benjamin Nathan Cardozo; 24 May 1870 – 9 Jul 1938; was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States. Previously, he had served as the Chief Judge of the New York Court of Appeals. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy and vivid prose style.)
  – “Lawsuits are rare and catastrophic experiences for the vast majority of men, and even when the catastrophe ensues, the controversy relates most often not to the law, but to the facts. In countless litigations, the law is so clear that judges have no discretion.”
 
Friday funnies:
* The first time I got a universal remote control I thought to myself, “This changes everything”.
* Say what you want about deaf people…
* Q. What did the mother worm say to the little worm who was late?
   A. “Where in earth have you been?”

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

EN_a219. 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:
24 May 2019: 84 FR 24018-24021: Revisions to Country Group Designations for Venezuela and Conforming Changes for License Requirements; and 84 FR 24021: Addition of Certain Entities to the Entity List, Revision of an Entry on the Entity List, and Removal of an Entity From the Entity List [Correction to 14 May 2019 Entity List Amendment.]    

 
*
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 Apr 2019: 84 FR 16398-16402: International Traffic in Arms Regulations: Transfers Made by or for a Department or Agency of the U.S. Government 
  – 
The only available fully updated copy (latest edition: 19 Apr 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: 29 Apr 2019:
84 FR 17950-17958: Foreign Interference in U.S. Elections Sanctions Regulations [amendment of 31 CFR Part 579 to implement EO 13848]

  
*
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: 
21 May 2019: Harmonized System Update (HSU) 1908

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

EN_a320
. 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, Vincent J.A. Goossen and Alex Witt; and Events & Jobs Editor, Sven Goor. 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.

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

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