;

19-0703 Wednesday “Daily Bugle'”

19-0703 Wednesday “Daily Bugle”

Wednesday, 3 July 2019

TOP
The 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 [The Daily Bugle will not be published tomorrow, 4 July 2019, a U.S. Federal Holiday.] 

[No items of interest noted today.] 

  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce Announces Three Affirmative Preliminary Circumvention Rulings on Exports of Steel Products from Vietnam
  3. Commerce Issues Affirmative Preliminary Antidumping Duty Determination on Magnesium from Israel
  4. Commerce/ITA Announce Partnership with Georgetown University
  5. DHS/CBP Publishes Latest Cargo Release CATAIR Draft
  6. DHS/CBP to Begin Required Electronic Reporting of In-Bond Exports, Arrivals, and Diversions
  7. Justice Convicts Electrical Engineer Conspiring to Illegally Export Semiconductor Chips with Missile Guidance Application to China
  8. State/DDTC: (No new postings.)
  9. Treasury/OFAC Updates SDN List with Venezuela-related Designation and Designations Removals
  10. Singapore Customs Publishes Advisory Concerning Proper Declaration of Consolidated Cargoes
  1. E2Open: “E2open Completes Acquisition of Amber Road”
  2. Global Trade News: “EU Steel Industry Urges Tougher Safeguards”
  3. Miller & Co: “EU Section 301 — New Proposed List”
  4. The Diplomat: “Fostering Strategic Convergence in US-India Tech Relations: 5G and Beyond”
  5. The Hill: “GOP Senators Press Pompeo on Boeing Satellite Sales to Chinese Firms”
  1. ComplianceWeek: “Five ‘Essential Components’ of Sanctions Compliance Program”
  2. C. A. Falvey, P. B. Miller & K. M. Growley: “These Are a Few of Our Favorite IoT: NIST Finalizes Internet of Things Cyber Guidance”
  3. Jane’s Defence Weekly: “UK Details Scope of Military Export Licences For China”
  4. T. E.Vigmostad & L. Sæter: “U.S. Threatens of Secondary Sanctions Relating to Nord Stream 2”
  1. ECTI Presents The New “Framework for OFAC Compliance Commitments”: What You Need to Know: 24 July 2019
  2. FCC Presents “The ABC of FMS”, 28 Nov in Bruchem, the Netherlands
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: DHS/Customs (5 Apr 2019), DOC/EAR (5 June 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 2018), DOS/ITAR (19 Apr 2018), DOT/FACR/OFAC (5 June 2018), HTSUS (13 Jun 2019) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a11. DHS Requests Comments Concerning Sector Outreach and Programs Online Meeting Registration Tool

(Source:
Federal Register, 26 June 2019.) [Excerpts.]
 
84 FR 30213-30214: Agency Information Collection Activities; Proposals, Submissions, and Approvals: Sector Outreach and Programs Online Meeting Registration Tool
 
* AGENCY: Infrastructure Security Division (ISD), Cybersecurity and
Infrastructure Security Agency (CISA), Department of Homeland Security (DHS).
* ACTION: 60-Day notice and request for comments; revision, 1670-0019.
* SUMMARY: DHS CISA ISD will submit the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995.
* DATES: Comments are due by August 26, 2019.
* ADDRESSES: You may submit comments, identified by docket number CISA-2019-0004, by one of the following methods:
– Federal eRulemaking Portal:
http://www.regulations.gov. Please follow the instructions for submitting comments.
– Email:
sopd_feedback@HQ.DHS.GOV. Please include docket number CISA-2019-0004 in the subject line of the message.
– Mail: Written comments and questions about this Information Collection Request should be forwarded to DHS/CISA/ISD, ATTN: 1670-0019, 245 Murray Lane SW, Mail Stop 0608, Washington, DC 20598-0608. Instructions: All submissions received must include the words “Department of Homeland Security” and the docket number for this action. Comments received will be posted without alteration at
http://www.regulations.gov, including any personal information provided.
– Docket: For access to the docket and comments received, please go to
www.regulations.gov and enter docket number CISA-2019-0004. …
* FOR FURTHER INFORMATION CONTACT: Auco Ho, 703-603-5205,
sopd_feedback@HQ.DHS.GOV. …

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

OGSOTHER GOVERNMENT SOURCES

OGS_a11. Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register, 3 July 2019.)

   
* Commerce/BIS;NOTICE; Meetings; Information Systems Technical Advisory Committee
[Pub. Date: 5 July 2019.]
 
* State/DDTC; NOTICE; List of Participating Countries and Entities in the Kimberley Process Certification Scheme
[Pub. Date: 5 July 2019.]
 
* Treasury/OFAC; NOTICE; Blocking or Unblocking of Persons and Properties
[Pub. Date: 5 July 2019.]
 
* USTR; NOTICE; Hearing; Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute
[Pub. Date: 5 July 2019.]

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

OGS_a22
. 
Commerce Announces Three Affirmative Preliminary Circumvention Rulings on Exports of Steel Products from Vietnam

(Source:
Commerce/BIS, 2 July 2019.)
 
Today, the U.S. Department of Commerce announced three preliminary affirmative circumvention rulings involving exports of steel products from Vietnam. The circumvention rulings cover certain steel products that are first produced in Korea and Taiwan, which are then shipped to Vietnam for minor processing, and finally exported to the United States as corrosion-resistant steel products (CORE) and cold-rolled steel (CRS).
 
As a result of today’s affirmative circumvention determinations, Commerce will instruct Customs and Border Protection to begin collecting cash deposits on imports of corrosion-resistant steel products and cold-rolled steel produced in Vietnam using Korean- or Taiwanese-origin substrate. These duties will be imposed on future imports, and also on any unliquidated entries since August 2, 2018 (the date on which Commerce initiated these circumvention inquiries). The applicable cash deposit rates will be as high as 456.23 percent, depending on the origin of the substrate and the type of steel product exported to the United States.
 
U.S. law provides that Commerce may find circumvention of antidumping duty (AD) or countervailing duty (CVD) orders when merchandise that is the same class or kind as merchandise subject to existing orders is completed or assembled in a third country prior to importation into the United States.
 
Shipments of CORE from Vietnam to the United States increased from $220 million (in the 40-month period of September 2013 until preliminary duties imposed on South Korean and Taiwanese products in December 2015) to $950 million (40-month period from imposition of preliminary duties in December 2015 until April 2019), which is an increase of 331.9 percent. Additionally, shipments of CRS from Vietnam to the United States increased from $49 million (in the 38-month period of January 2013 until preliminary duties imposed on South Korean and Taiwanese products in February 2016) to $498 million (38-month period from imposition of preliminary duties in March 2016 until April 2019), which is an increase of 916.4 percent.
 
These inquiries were conducted pursuant to requests from U.S. domestic producers of CORE and CRS: Steel Dynamics, Inc. (IN), California Steel Industries (CA), AK Steel Corporation (OH), ArcelorMittal USA LLC (IN), Nucor Corporation (NC), and United States Steel Corporation (PA).
 
The strict enforcement of U.S. trade law is a primary focus on the Trump Administration. To date, the Trump Administration has issued 31 preliminary and/or final anti-circumvention determinations – this is a 417 percent increase from the number of preliminary and/or final circumvention determinations made during the comparable period in the previous administration.
 
The U.S. Department of Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade law and does so through an impartial, transparent process that abides by international law and is based on factual evidence provided on the record.

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

OGS_a33
. Commerce Issues Affirmative Preliminary Antidumping Duty Determination on Magnesium from Israel

(Source:
Commerce/BIS, 3 July 2019.) [Excerpts.]
 
Today, the U.S. Department of Commerce announced the affirmative preliminary determination in the antidumping duty (AD) investigation of imports of magnesium from Israel, finding that exporters from Israel have dumped magnesium in the United States at a margin of 193.24 percent.
 
As a result of today’s decision, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of magnesium from Israel based on this preliminary rate.
 
In 2018, imports of magnesium from Israel were valued at an estimated $38.9 million.  
The petitioner is US Magnesium LLC (Salt Lake City, UT).
 
The strict enforcement of U.S. trade law is a primary focus of the Trump Administration. Since the beginning of the current Administration, Commerce has initiated 172 new antidumping and countervailing duty investigations – this is a 219 percent increase from the comparable period in the previous administration.
 
Antidumping and countervailing duty laws provide American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of the unfair pricing of imports into the United States. Commerce currently maintains 487 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.
 
Commerce is scheduled to announce the final determination on or about November 22, 2019.  
If Commerce’s final determination is affirmative, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determination on or about January 6, 2020. If Commerce makes an affirmative final determination of dumping, and the ITC makes an affirmative final injury determination, Commerce will issue an AD order. If Commerce makes a negative final determination of dumping, or the ITC makes a negative final determination of injury, the investigation will be terminated and no orders will be issued.
 
Click 
HERE for a fact sheet on today’s decision. …

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

OGS_a44. 
Commerce/ITA Announces Partnership with Georgetown University

(Source:
Tradeology, 3 July 2019.) [Excerpts.]
 
In a ceremony held on June 26, 2019, at the U.S. Department of Commerce headquarters in Washington, D.C., the Department’s International Trade Administration (ITA), the federal government’s lead export promotion agency, and Georgetown University, one of America’s oldest universities based in the nation’s capital, signed a Strategic Partnership agreement to support U.S. exports and international trade.  

U.S. Commerce Deputy Assistant Secretary for Services James Sullivan and the University’s McDonough School of Business Dean Paul Almeida participated in the signing ceremony to execute an agreement to launch a unique collaboration specifically aimed at strengthening global competitiveness of the financial technology (fintech) sector, one of America’s fastest-growing sectors in need of support from both government and academic programs. … 

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

OGS_a55. 
DHS/CBP Publishes Latest Cargo Release CATAIR Draft

(Source:
CSMS #38745578, 3 July 2019.)
 
The latest Cargo Release CATAIR Draft Chapter including Section 321 is now available on 
cbp.gov.  This replaces and consolidates the Cargo Release Draft dated November 1, 2018 (V21) and the Cargo Release Draft with Section 321 dated March 20, 2019 (V22).  Section 321 will be available in CERT the week of 7/15 and in Production for all MOTs on 9/28.

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

OGS_a66. 
DHS/CBP to Begin Required Electronic Reporting of In-Bond Exports, Arrivals, and Diversions

(Source:
CSMS #38731726, 2 July 2019.)
 
Effective July 29, 2019, members of the Trade community will be required to report all in-bond exports, arrivals and diversions electronically through the Automated Commercial Environment (ACE). Air shipments will continue to be exempt from these requirements and trade members can still request manual posting by Customs and Border Protection (CBP) for these shipments.   CBP will no longer accept paper copies of the CBPF 7512 to perform arrival and export functionality.   An ACE edit will issue a rejection if these actions are not performed.   At this time, no date is set for implementation of the provision requiring the 6-digit Harmonized Tariff Schedule number requirement for Immediate Transportation movements. The Automated In-Bond Processing Business Process Document is the official publication which provides both CBP and the trade community with guidance, requirements and responsibilities when processing in-bond cargo.
 
An electronic version of this document can be reviewed here: Automated In-Bond Processing Business Process Document.
 
Please direct any questions to
CSCWAREHOUSING@CBP.DHS.GOV.

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

OGS_a77. 
Justice Convicts Electrical Engineer Conspiring to Illegally Export Semiconductor Chips with Missile Guidance Applications to China

(Source:
Justice, 2 July 2019.) [Excerpts.]
 
An electrical engineer has been found guilty of multiple federal criminal charges related to a scheme to illegally obtain integrated circuits with military applications that were exported to China without the required export license, the Justice Department announced today.
 
Yi-Chi Shih, 64, a part-time Los Angeles resident, was found guilty on June 26 of conspiracy to violate the International Emergency Economic Powers Act (IEEPA), a federal law that makes illegal, among other things, certain unauthorized exports. The jury also found Shih guilty of mail fraud, wire fraud, subscribing to a false tax return, making false statements to a government agency, and conspiracy to gain unauthorized access to a protected computer to obtain information. Shih was convicted of all 18 counts in a federal grand jury indictment.
 
The guilty verdicts were announced today, one day after United States District Judge John A. Kronstadt discharged the jury that returned the guilty verdicts last week. That jury previously had been scheduled today to consider allegations in the indictment against Shih that seek the forfeiture of hundreds of thousands of dollars. Judge Kronstadt, who presided over a trial that spanned seven weeks, decided on Monday that he will later consider the forfeiture allegations.
 
Judge Kronstadt will also schedule a sentencing hearing, where Shih will face a statutory maximum sentence of 219 years in federal prison. …

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

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

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

OGS_a1010Singapore Customs Publishes Advisory Concerning Proper Declaration of Consolidated Cargoes

 
Singapore Customs has released the following document(s) on its website:


Circular
* Circular No: 10/2019; Advisory: Proper Declaration of Consolidated Cargoes Imported by Land for Subsequent Re-export by Sea/Air Freight or Release into Customs Territory

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

NWSNEWS

NWS_a111
. E2Open: “E2Open Completes Acquisition of Amber Road”

(Source:
E2Open) [Excerpts.]
 
July 2, 2019.  E2open, LLC today announced the completion of its previously announced acquisition of Amber Road, Inc. (NYSE: AMBR). Chicago Merger Sub, Inc., a wholly owned subsidiary of E2open, completed an all cash tender offer for all of the outstanding shares of Amber Road common stock, followed by a merger. …
 
On July 1, 2019, and the Purchaser accepted all of the tendered shares. … As a result of the tender offer and the merger, Amber Road became a privately held subsidiary of E2open, and Amber Road shares have ceased to be traded on the New York Stock Exchange. …

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

NWS_a212
Global Trade News: “EU Steel Industry Urges Tougher Safeguards”

(Source:
Integration Point Blog, 2 July 2019.) [Excerpts.]
 
The European Steel Association, EUROFER, called for more measures to protect the industry against a record increase in imports triggered by U.S. tariffs. This increase in finished-steel imports, combined with weak demand and high energy costs for local producers, threatens to force European companies to cut their production.
 
EUROFER estimates that steel demand in Europe was challenged by the 12% increase in imports registered in 2018, despite the European market growing by only 3.3%. The increase in imports happened despite current safeguard measures designed to limit incoming steel following the Trump Administration’s 25% import tariffs, which have effectively closed the U.S. market. EUROFER estimates that two thirds of the steel that used to go to the U.S. now ends up in the European Union. …


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

NWS_a313
Miller & Co: “EU Section 301 – New Proposed List”

(Source: Miller & Company P.C., 
millercompanypc@millerco.com
, 2 July 2019.)
 
The Office of the U.S. Trade Representative (USTR) has posted a 
notice
 
(which will later appear in the Federal Register) with a supplemental list of European Union (EU) products which have been proposed to be subject to additional duties of up to 100%.  The supplemental list covers $4 billion of merchandise originating from any of the twenty-eight (28) members of the EU classified in 89 tariffs subheadings in HTSUS Chapters 2, 4, 7-9, 16, 19-22, 28, 31, 72-74.  The bulk of the listed products are food, such as pork, dairy, fruit, pasta, and whiskey.  This list is in addition to the initial list of $21 billion of EU products described in the USTR’s April 12 
notice
.
 
The schedule for submission of comments and a public hearing concerning these additional products are as follows:
       July 24: 
   Deadline to submit requests to appear at the
                       public hearing and summary of testimony
       August 5:  Deadline to submit written comments
       August 5:  Public hearing

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

NWS_a414
The Diplomat: “Fostering Strategic Convergence in US-India Tech Relations: 5G and Beyond”

(Source:
The Diplomat, 2 July 2019.) [Excerpts.]
 
As world leaders gathered for the G-20 summit in Osaka, Japan this past weekend, a multitude of issues from climate to trade to technology came to the fore. …
 
The same goes for paying attention to technology exports and diffusion to human-rights abusers. For instance, companies incorporated in China, among those incorporated elsewhere, have been heavily involved in exports of dual-use surveillance technologies to other countries, including those with questionable or outright poor human-rights records. 
Although companies incorporated in democracies may engage in such practices as well, most democracies take steps to curtail these practices as much as possible, such as through the multilateral Wassenaar Arrangement – which lays out export controls around conventional weapons and dual-use goods and technologies. The U.S. has long been a party to this agreement, and India officially joined in 2018. 
Arguments persist about the extent to which Beijing is involved in these dual-use surveillance technology exports, but these exports may only increase going forward as companies increasingly sell not just internet surveillance tools but also dual-use AI tools. In this way, too, India and the U.S. could play an important role in countering the spread of such capabilities to human-rights abusers and standing against the spread of digital authoritarianism in the process. …

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

NWS_a515
The Hill: “GOP Senators Press Pompeo on Boeing Satellite Sales to Chinese Firms”

(Source:
The Hill, 2 July 2019.) [Excerpts.]
 
A pair of Republican senators is pressing the State Department for answers on Boeing’s sales of American-made satellites to Chinese companies, raising national security concerns and worries Beijing is using the technology for human rights abuses.
 
“The use of American satellite technology by the Chinese military and police raises serious military, national security, and human rights concerns,” Sens. Chuck Grassley (R-Iowa), the chairman of the Senate Finance Committee, and Joni Ernst (R-Iowa) wrote in a letter to Secretary of State Mike Pompeo made public Monday and sent June 27.
 
“Robust export control laws are critical to ensuring that sensitive technology does not fall into the hands of those who may use it against us,” they added. …

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

COMMCOMMENTARY

COM_a116. C.A. Falvey, P.B. Miller & K.M. Growley: “These Are a Few of Our Favorite IoT: NIST Finalizes Internet of Things Cyber Guidance”

(Source:
Crowell & Moring LLP, 2 July 2019.) [Excerpts.]
 
* Authors: Cheryl A. Falvey, Esq.,
cfalvey@crowell.com, +1 202 624 2675; Peter B. Miller, Esq.,
pmiller@crowell.com, +1 202 624 2506, and Kate M. Growley,
kgrowley@crowell.com, +1 202 624 2698, all of Crowell & Moring LLP.
 
NIST has finalized
Internet of Things (IoT) risk management guidance, which derived from a
draft publication. The guidance informs government agencies how to understand and manage IoT risks throughout device lifecycles. Industry can anticipate government focus on three high-level goals:
   (1) Device security;
   (2) Data security; and
   (3) Individual privacy.
 
The publication highlights three differences between managing risks for IoT devices and conventional information technology devices:
   (1) IoT devices interact with the physical world differently than conventional devices;
   (2) IoT devices cannot be accessed and monitored the same as conventional devices; and
   (3) The availability and effectiveness of cybersecurity and privacy capabilities are different for IoT devices than conventional devices.
 
While not mandatory, the guidance provides useful considerations for IoT cybersecurity and privacy risk management.

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

COM_a2
17
. ComplianceWeek: “Five ‘Essential Components’ of Sanctions Compliance Program”

(Source:
ComplianceWeek, 2 July 2019.) [Excerpts.]
 
Chief compliance officers seeking some much-needed guidance on how to build a well-crafted sanctions compliance program would be remiss to ignore the first-ever
“Framework for OFAC Compliance Commitments” published by the Department of the Treasury’s Office of Foreign Assets Control. The guidance includes a non-exhaustive list of common “root causes” of sanctions violations identified during the investigative process and in the context of recent enforcement actions.
 
“OFAC developed this framework in our continuing effort to strengthen sanctions compliance practices across the board,” said OFAC Director Andrea Gacki. “This underlines our commitment to engage with the private sector to further promote understanding of, and compliance with, sanctions requirements.”
 
The 12-page sanctions compliance framework, published May 2, applies not just to U.S. companies, but also to companies that may find themselves subject to U.S. sanctions laws-such as foreign entities that conduct business in or with the United States, those that employ U.S. citizens, or that use U.S.-origin goods or services. …

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

COM_a3
18
. Jane’s Defence Weekly: “UK Details Scope of Military Export Licences For China” 
(Source:
Jane’s Defense Weekly
, 2 July 2019.) [Excerpts.]
 
The UK issued nearly 70 standard export licences in 2018 to support defence sales to China worth GBP7.6 million (USD9.6 million), a strategic export controls report published by the UK’s Department for International Trade (DIT) shows.
 
According to the “country pivot” report, which detailed UK export licence statistics between January and December 2018, the Standard Individual Export Licences (SIELs) issued to facilitate sales to China during the year covered products, including those related to fire control equipment, naval equipment, and aerospace systems.
 
In 2017 the DIT issued 65 SIELs, with a value of GBP11.6 million, supporting UK military exports to China. …

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

COM_a4
19
T.E. Vigmostad & L. Sæter: “U.S. Threatens of Secondary Sanctions Relating to Nord Stream 2”

(Source:
Wikborg Rein, 3 July 2019.) [Excerpts.]
 
* Authors: Tine Elisabeth Vigmostad, Esq.,
tvi@wr.no, + 47 22 82 76 92; and Lena Sæter, Esq.,
lsa@wr.no, + 47 22 82 76 73, both of Wikborg Rein.
 
The US House of Representatives’ Committee on Foreign Affairs (the “House Foreign Affairs Committee”) threatens of secondary sanctions over the Nord Stream 2 pipeline, meaning that European parties involved in the construction of the gas pipeline could be subject to future US sanctions.
 
The Nord Stream 2 pipeline, currently under construction, intends to transport Russian natural gas from Russia to Germany across the Baltic Sea and into the EU’s internal market. The House Foreign Affairs Committee has unanimously endorsed a bill – Protecting Europe’s Energy Security Act of 2019 (the “Bill”) – which would mandate US sanctions on foreign parties involved in the construction of this pipeline. …

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


TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a120. ECTI Presents The New “Framework for OFAC Compliance Commitments”: What You Need to Know: 24 July 2019 

(Source: Danielle Hatch, danielle@learnexportcompliance.com)
 
* What: The New “Framework for OFAC Compliance Commitments”: What You Need to Know
* When: 24 July 2019 1:00 p.m. (EDT)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker: Timothy O’Toole
or Danielle Hatch, 540-433-3977, danielle@learnexportcompliance.com.

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

TE_a221. FCC Presents “The ABC of FMS”, 28 Nov in Bruchem, the Netherlands

 
This training course is specifically designed for compliance professionals and those in a similar role working for government agencies or companies (temporarily) obtaining U.S. export-controlled articles and technology procured through government-to-government Foreign Military Sales (FMS), and authorized by the Arms Export Control Act (AECA) (22 U.S.C. 2751, et. seq.).
 
The course will cover multiple topics relevant for organizations outside the U.S. working with U.S. export-controlled articles and technology procured through FMS, including: the U.S. regulatory framework, with a special focus on the AECA, key concepts and definitions, and practical compliance tips to ensure the proper handling of FMS-acquired articles and technology. Participants will receive a certification upon completion of the training.
 
Details
* What: The ABC of Foreign Military Sales (FMS)
* When: Thursday, 28 Nov 2019
– Welcome and Registration: 9.00 am – 9.30 am
– Training hours: 9.30 am – 4.00 pm
* Where: Full Circle Compliance, Landgoed Groenhoven, Dorpsstraat 6, Bruchem, the Netherlands
* Information & Registration:
here
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 “U.S. Export Controls: The Export Administration Regulations (EAR) from a non-U.S. Perspective” (27 Nov 2019). Please, see the
event page
for our combo deals.

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

ENEDITOR’S NOTES

 

* Franz Kafka (3 Jul 1883 – 3 Jun 1924; was a German-speaking Bohemian Jewish novelist and short-story writer, widely regarded as one of the major figures of 20th-century literature. His work, which fuses elements of realism and the fantastic, typically features isolated protagonists facing bizarre or surrealistic predicaments and incomprehensible socio-bureaucratic powers. His best known works include “Die Verwandlung” (“The Metamorphosis”), Der Process (The Trial), and Das Schloss (The Castle). The term “Kafkaesque” has entered the English language to describe situations like those found in his writing.)
  – “One advantage in keeping a diary is that you become aware with reassuring clarity of the changes which you constantly suffer.”
 
* Nathaniel Hawthorne (Nathaniel Hawthorne; 4 Jul 1804 – 19 May 1864; was an American novelist, dark romantic, and short story writer, best known for 
several short stories in periodicals, which he collected in 1837 as Twice-Told Tales, and The Scarlet Letter, published in 1850.)
  – “Caresses, expressions of one sort or another, are necessary to the life of the affections as leaves are to the life of a tree. If they are wholly restrained, love will die at the roots.”


Sir Tom Stoppard (born Tomas Straussler; 3 Jul 1937) is a Czech-born British playwright and screenwriter.

– “Eternity’s a terrible thought. I mean, where’s it all going to end?”

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

EN_a323
. 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: 27 June 2019:
84 FR 30593-30595: Revisions to the Unverified List 

 
* 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 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 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: 5 June 2019: 84 FR 25992 – June 2019 Amendments to the Cuban Assets Control Regulations [amendment of 31 CFR Part 515] 

  


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: 26 June 2019: 
Harmonized System Update (HSU) 1912 
  – HTS codes for AES are available 
here.
  – HTS codes that are not valid for AES are available 
here.

 

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

EN_a0324
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; and Assistant Editors, Alexander Witt and 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 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