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19-0802 Friday “Daily Bugle”

19-0802 Friday “Daily Bugle”

Friday, 2 August 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.

  1. Commerce/BIS Announces MPETAC Meeting on 20 August 
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. DHS/CBP: “GUIDANCE: Seventh Round of Products Excluded from Section 301 Duties (Tranche 2)” 
  4. OMB/OIRA Reviews Proposed Ex/Im Regulations
  5. State/DDTC: (No new postings.)
  6. EU Amends Restrictive Measures Concerning Libya
  7. Japan METI: “The Cabinet Approved Partial Amendment to the Export Trade Control Order”
  1. Reuters: “Japan Says its Export Control Review Compatible with Free Trade, after Korea Dropped from List”
  2. WSJ: “U.S. to Levy New Sanctions Against Russia for U.K. Spy Poisoning”
  1. M. Miller, B. Murphy & S. Murray: “Potential China Section 301 List 4 Duties”
  2. T.R. McBride: “Update on U.S. Sanctions: New Requirements, Continuing Enforcement”
  1. ECS Presents “2nd Annual ECS ITAR/EAR Symposium and Managing ITAR/EAR Complexities” on 17-19 Sep in Annapolis, MD
  2. FCC Presents “The ABC of FMS”, 28 Nov in Bruchem, the Netherlands
  3. List of Approaching Events: 140 Events Posted This Week, Including 10 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 (27 Jun 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 (24 Jul 2019), HTSUS (22 Jul 2019) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a01
Commerce/BIS Announces MPETAC Meeting on 20 August

(Source: Federal Register, 1 August 2019.)
 
84 FR 37832: NOTICES; Meetings; Materials Processing Equipment Technical Advisory Committee
 
The Materials Processing Equipment Technical Advisory Committee (MPETAC) will meet on August 20, 2019, 9 a.m., Room 3884, in the Herbert C. Hoover Building, 14th Street between Pennsylvania and Constitution Avenues NW, Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to materials processing equipment and related technology.
 
Agenda
 
Open Session:
   (1) Opening remarks and introductions.
   (2) Presentation of papers and comments by the Public.
   (3) Discussions on results from last, and proposals from last Wassenaar meeting.


   (4) Report on proposed and recently issued changes to the Export Administration Regulations.
   (5) Other business.
 
Closed Session:
   (6) Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2, Sec. Sec. 10(a)(1) and 10(a)(3).
 
The open session will be accessible via teleconference to 20
participants on a first come, first serve basis. To join the
conference, submit inquiries to Ms. Yvette Springer at
Yvette.Springer@bis.doc.gov, no later than August 13, 2019.
A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting.
 
However, to facilitate the distribution of public presentation
materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email.

 
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OGSOTHER GOVERNMENT SOURCES

OGS_a02
. Items Scheduled
for Publication in Future Federal Register Editions

(Source: Federal Register, 2 August 2019.)
 

* President; Executive Orders;
Proliferation Sanctions, Administration; Amendment to Executive Order 12851 [Pub. Date: 5 August 2019.]
 
* Treasury/OFAC; Notices;
Blocking or Unblocking of Persons and Properties [Pub. Date: 5 August 2019.]


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OGS_a13
. Commerce/BIS: (No new postings.)

(Source: Commerce/BIS)

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OGS_a24DHS/CBP: “GUIDANCE: Seventh Round of Products Excluded from Section 301 Duties (Tranche 2)”

(Source: CSMS #39169565, 2 August 2019.) [Excerpts.]
 
On July 31, 2019, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 84 FR 37381 announcing the decision to grant the seventh round of certain exclusion requests from the 25 percent duty assessed under the Section 301 investigation related to goods from China ($16B Action – Tranche 2).  These product exclusions relate to the imposed additional duties announced in 83 FR 40823 on Chinese goods with an annual trade value of approximately $16 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.  The product exclusions announced in this notice will apply as of the August 23, 2018 effective date of the $16 billion action (Tranche 2), and will extend for one year after the publication of 84 FR 37381.
 
The exclusions are available for any product that meets the description as set out in the Annex to Federal Register Notice 84 FR 37381, regardless of whether the importer filed an exclusion request.  Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10-digit headings and product descriptions in the Annex; not by the product descriptions set out in any particular request for exclusion.  The Annex to 84 FR 37381 is included at the end of this message for ease of reference.
 
The functionality for the acceptance of the seventh round of products of China excluded from Section 301 duties will be available in the Automated Commercial Environment (ACE) as of Noon, August 1, 2019.
 
INSTRUCTIONS FOR FILING ENTRIES SUBJECT TO PRODUCT EXCLUSIONS:
 
Instructions for submitting entries to CBP containing products granted exclusions by the USTR from the Section 301 measures in 84 FR 37381 are as follows:
– In addition to reporting the regular Chapters 39, 84, 85, 86, 87 and 90 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.12 (Articles the product of China, as provided for in U.S. note 20(o) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative) for imported merchandise subject to the exclusion.
– Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.12 is submitted. …

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

OGS_a35OMB/OIRA Reviews Proposed Ex/Im Regulations

(Source:
OMB/OIRA
, 1 August 2019.)      
 
 
Office of Management & Budget; Office of Information and Regulatory Affairs (OIRA) Report of Executive Order Submissions Under Review:
 
* Validation of Proprietary and Technical Data (DFARS Case 2018-D069)
– AGENCY: DOD-DARC
– STAGE: Prerule
– RECEIVED DATE: 1 August 2019
– RIN: 0750-AK71
– STATUS: Pending Review
 
* International Traffic in Arms Regulations: Definitions
– AGENCY: State
– STAGE: Interim Final Rule
– RECEIVED DATE: 1 August 2019
– RIN: 1400-AE27

– STATUS: Pending Review

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

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OGS_a57EU Amends Restrictive Measures Concerning Libya

(Source: Official Journal of the European Union, 2 August 2019.)
 
Regulations
* COUNCIL IMPLEMENTING REGULATION (EU) 2019/1292; implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya.
 
Decisions
* COUNCIL IMPLEMENTING DECISION (CFSP) 2019/1299; implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya.

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

OGS_a68Japan METI: “The Cabinet Approved Partial Amendment to the Export Trade Control Order”

(Source: METI, 2 August 2019.) [Excerpts.]
 
The Cabinet approved today the Order to remove the Republic of Korea (ROK) from the Appended Table III of the Export Trade Control Order to revise the status of ROK with regards to security export control statutes. The Ministry of Economy, Trade and Industry (METI) hereby reemphasizes both its willingness to take strict measures against circumventions and other illicit exports, and the importance for exporters to exercise self-discipline in undertaking internal export control measures, regardless of export destinations or items to be exported.
 
Details can be found here.

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COMNEWS

NWS_a19. Reuters: “Japan Says its Export Control Review Compatible with Free Trade, after Korea Dropped from List”

(Source: Reuters, 2 August 2019.)
 
Japan’s foreign minister said on Friday that a review of the country’s export control regime, which saw South Korea dropped from a trade “white list”, is “fully compatible” with the global free trade regime. 
 
Taro Kono made the comments at a meeting with foreign ministers of Southeast Asian countries, South Korea and the United States in Bangkok.

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NWS_a210. WSJ: “U.S. to Levy New Sanctions Against Russia for U.K. Spy Poisoning”

(Source: The Wall Street Journal, 2 August.) [Excerpts.]
 
The Trump administration is set to impose new sanctions on Russia for using a banned chemical weapon in an attempted assassination of a former double agent on British soil last year, a senior administration official said Friday.
 
President Trump late Thursday night issued an order that gave the U.S. Treasury and State Department new powers to sanction countries that violate international chemical and biological weapons treaties, including authority to ban U.S.-based banks from lending to those nations.
 
“After the first round of sanctions in response to Russia’s use of ‘Novichok’ in an assassination attempt against a private citizen in the United Kingdom, Russia did not provide the assurances required under U.S. law,” a senior administration official told The Wall Street Journal. “So we are imposing the second round of sanctions.”…

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COMCOMMENTARY

COM_a111. M. Miller, B. Murphy & S. Murray: “Potential China Section 301 List 4 Duties”

(Source:
Miller & Company P.C., 1 August 2019.) [Excerpts.]
 
On August 1, 2019, President Trump announced in a 
tweet
 
that additional 10% duties will be imposed on September 1, 2019 on $300 billion in China goods.  Although not specifically referenced in President Trump’s tweet, the $300 billion amount is consistent with the China Section 301 List 4 previously proposed by the United States Trade Representative (USTR).
 
On May 17, 2019, USTR 
announced
 

the proposed China Section 301 List 4. The list includes 3,805 full or partial HTSUS Subheadings, which cover essentially all China products not subject to prior China Section 301 lists.  This includes a wide range of merchandise such as apparel, footwear, toys, computers, and printers.  

 
As proposed in May, China Section 301 List 4 excludes pharmaceuticals (HTS Chapter 30), pharmaceutical inputs and medical goods, and rare earth and other minerals.  As was the case with prior China Section 301 lists, it is possible some HTS provisions will be removed or limited based on public comments and the public hearings that were held in mid-June on the proposed China Section 301 List 4. …

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COM_a212. T.R. McBride: “Update on U.S. Sanctions: New Requirements, Continuing Enforcement 

(Source: Bass, Berry & Sims, 31 July 2019.)
 
* Author: Thaddeus R. McBride, Esq., tmcbride@bassberry.com, +1 202 827 2959, of Bass, Berry & Sims.
 
On a regular basis over the past several months, the U.S. Treasury Department, Office of Foreign Assets Control (OFAC) has introduced new sanctions requirements, guidance, and restrictions.  OFAC is the U.S. government agency which administers most U.S. sanctions programs.
 
Many of these measures have been quite targeted.  For instance, on July 29, 2019, OFAC designated Kim Su Il as a Specially Designated National (SDN) of North Korea.  According to the SDN listing, Kim Su Il is a resident of Vietnam. Thus the designation, while limited to Kim Su Il, demonstrates one of the challenges of U.S. sanctions compliance: many SDNs reside in or are nationals of countries against which the United States does not otherwise maintain sanctions.
 
Similarly, on July 19, 2019, OFAC designated Salman Raouf as a Specially Designated Global Terrorist for his purported connection with Hizballah.  While Hizballah is generally based in Lebanon and operates other parts of the Middle East, Raouf apparently maintains a Colombian passport – and thus may be a resident of Colombia.
 
These are the types of routine, day-to-day actions that OFAC takes – and which challenge sanctions compliance professionals. OFAC has also taken several more substantive steps in the past few months.  A brief description of each is below.
 
Interim Final Rule Increases Reporting Requirements Related to Rejected Transaction
 
In a Federal Register notice dated June 21, 2019, OFAC announced changes to its Reporting, Procedures and Penalties Regulations (31 CFR Part 501).  Among the changes was an enhanced reporting requirement for a “rejected transaction,” i.e., a transaction rejected because to proceed with the transaction would violate OFAC sanctions.
 
Most notably, the definition of “transaction” has been expanded to cover “transactions related to wire transfers, trade finance, securities, checks, foreign exchange, and goods or services.”  Until issuance of the interim final rule, the reporting requirement pertained only to “rejected funds transfers.”
With this change, what was largely the provenance of banks and other financial institutions is now a requirement that almost any U.S. person needs to understand if conducting business internationally.  (The requirement also explicitly is extended to persons subject to U.S. jurisdiction, which means that non-U.S. subsidiaries of U.S. companies would have to report the rejection of a transaction that would otherwise violate U.S. sanctions.)
 
It remains to be seen whether changes will be made to the requirement to report rejected transactions.  Even if no changes are made to the rule, OFAC hopefully will provide guidance about what constitutes a transaction. There is a spectrum of possible conduct involving an SDN that may or may not constitute a transaction.
 
For example, if a U.S. manufacturer were to receive an email inquiry from an SDN and, after identifying the inquiring party as an SDN, declined to respond to the inquiry, would that constitute a reportable rejected transaction?  Does it matter if the U.S. manufacturer initiated contact with the SDN?  Keep an eye out for clarification from OFAC.
 
OFAC Issues Advisory on Sanctions Compliance Challenges Related to Iranian Civil Aviation Industry
 
On July 23, 2019, OFAC issued a Civil Aviation Industry Advisory related to Iran.  The stated purpose of the advisory is to assist the civil aviation industry in identifying certain “deceptive practices” used by Iran to obtain U.S.-origin goods and services for its civil aviation industry.
 
Much of the advisory is (not surprisingly) focused on the types of transactions that are prevalent in civil aviation.  But much of the guidance in the advisory is useful across industries in terms of identifying and mitigating sanctions risk related to Iran.  For instance, the advisory states that Iran has been using front companies and other pass-through entities in third countries to obtain U.S.-origin equipment and aircraft.  It is safe to assume that Iranian companies not in the aviation industry, e.g., Iranian companies in the oil and gas, health, and technology industries, are engaged in the same sort of activities.
 
The advisory also states that Iran has sourced U.S.-origin aircraft and U.S.-origin goods, technology, and services from third countries known to have strong reputations for aircraft maintenance, repair, and overhaul operations, but limited export control or sanctions enforcement capabilities.  It again seems safe to assume that other Iranian companies in other industries are using similar methods to obtain U.S.-origin goods and technology.
 
OFAC Uses Magnitsky Authority to Sanction Iraqi Nationals
 
On July 18, 2019, OFAC announced that it has designated four individuals – two former Iraqi governors and two Iraqi militia figures – as SDNs because of each individual’s involvement in human rights abuses.  These designations were made under the auspices of Executive Order 13818, which President Trump announced on December 21, 2017.
 
Notably, that Executive Order was issued in conjunction with the Global Magnitsky Human Rights Accountability Act.  OFAC has sanctioned over 100 individuals and entities pursuant to the Executive Order, in multiple countries.  Thus, as with the designations discussed above – Kim Su Il (as an SDN of North Korea) and Salman Raouf (as an SDN Terrorist) – the Global Magnitsky Sanctions regime is being used to designate SDNs around the world, including in countries against which the U.S. government does not otherwise maintain sanctions.
 
Essential to Conduct Thoughtful, Comprehensive Diligence on International Transactions
 
Each of these recent OFAC actions serves as a reminder that OFAC expects U.S. companies and individuals to do careful diligence when engaging in international transactions.  This includes transactions in or involving countries not otherwise subject to U.S. sanctions.
 
Screening is an important part of the diligence process.  (Though as we discussed in this December 2018 blog post, screening is not failsafe.)  But there are other components of diligence as well, including that diligence has to be part of an overall compliance process that equips personnel to be vigilant about identifying potential red flags.
 
OFAC’s “A Framework for OFAC Compliance Commitments“, which the agency published in May 2019, emphasizes that diligence is a key element of an effective compliance program – and highlights that many OFAC enforcement matters have been the result of inadequate diligence.

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TEEX/IM TRAINING EVENTS & CONFERENCES

TE_1
13
. 
ECS Presents “2nd Annual ECS ITAR/EAR Symposium and Managing ITAR/EAR Complexities” on 17-19 Sep in Annapolis, MD

(Source: ECS)
 
* What:  The 2nd Annual ECS ITAR/EAR Symposium and Managing ITAR/EAR Complexities, Annapolis, MD
* When:  September 17-19, 2019
* Where:  
Chart House 
* Sponsor:  Export Compliance Solutions & Consulting (ECS)
* ECS Speaker Panel: Commerce/BIS; Debi Davis, Esterline; Scott Jackson, Curtiss Wright; Matt Doyle, Lockheed Martin; Matthew McGrath, McGrath Law Group and ECS staff. 
* Register 
here
 or by calling 866-238-4018 or email 
spalmer@exportcompliancesolutions.com 

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TE_2
14
. 
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

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TE_List15. 
List of Approaching Events: 140 Events Posted This Week, Including 10 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: “ITAR – Requirements for Government Contractors“; Williams Mullins, LLP

*
 
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

# * Aug 13: Huntsville, AL; “Trade Technology Roundtable: Emerging Technology Export Control Developments“; North Alabama International Trade Association (NAITA) 

* Aug 13: Leeds, United Kingdom; “Understanding Exporting & Incoterms Workshop”; Chamber International

* 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

* Aug 22-23: Maputo, Mozambique; “Countering North Korean UN Sanctions Violations in Southern Africa“; CCSI

* Aug 29: Berlin, Germany; “Informationsveranstaltung Beraterschulung“; BAFA

* 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 4: Long Beach, CA; “Automated Commercial Environment (ACE) Export Compliance Seminar“; U.S. Census Bureau

* 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 12: Leeds, United Kingdom; “Leeds World Trade Summit“; Institute of Export & International Trade

* Sep 12: Nashville, TN; “
6th Annual Compliance and Government Investigations Seminar
“; Bass, Berry & Sims

* 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: Chicago, IL; “
Automated Commercial Environment (ACE) Export Compliance Seminar
“; U.S. Census Bureau

*
 
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 23-27: College Park, MD; “Defense and Dual-Use Export Controls“; The Strategic Trade Research Institute

* Sep 23-26: London, United Kingdom; “Annual Corporate Compliance Conference“; Baker McKenzie

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

* Sep 24: Brisbane, Australia; “Defence Export Controls Outreach“; Australian DoD

* 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: Washington DC; “National Forum on FARA“; American Conference Institute

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

#
* Sep 25-26: San Francisco, CA; “West Coast Conference on FCPA Enforcement and Compliance“; American Conference Institute

* 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 2: New York, NY; “Sanctions Compliance Think Tank“; American Conference Institute

* Oct 2-3: Toronto, Canada; “Canadian Forum on Global Economic Sanctions Compliance & Enforcement“; The Canadian Institute

* Oct 3: Chicago, IL; “
Trade Compliance & Policy” C.H. Robinson

* Oct 3: Perth, Australia; “Defence Export Controls Outreach“; Australian DoD

* 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 10: Rancho Mirage, CA; “WESCCON 2019 Conference“; Pacific Coast Council

*
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 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 20-22: Grapevine, TX; “ICPA Fall Conference 2019“; ICPA

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

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

* Oct 24: New York, NY; “The Fundamentals of Export Regulatory Compliance“; NEXCO  

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: San Francisco, CA; “San Francisco Economic Sanctions Boot Camp“; American Conference Institute

* 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 7; Amsterdam, the Netherlands; “Annual International Trade & Compliance Conference“; Baker McKenzie
* Nov 11-13; London, United Kingdom; “International Trade Finance Training Course“; IFF

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

* Nov 13-14; Santa Clara, CA; “2019 Year-End Review of Import/Export Developments“; Baker McKenzie

* Nov 18: London, UK; “2nd Annual Navigating Russia Sanctions Complexities“; C5
* Nov 19-20: London, UK; “London Forum on Economic Sanctions“; C5

* 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

#
* Nov 27: Rotterdam, the Netherlands; “Incoterms 2020“; Fenex

* 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 20-23; San Diego, CA; “ITAR Controls / EAR & OFAC Export Controls Seminar Series“, ECTI; 540-433-3977  

* Jan 22-23: New York, NY; “AML & OFAC for the Insurance Industry“; American Conference Institute  

* Jan 23: Orlando, FL; “Customs/Import Boot Camp“; Partnering for Compliance

*
 
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 17-20; Huntsville, AL; “
ITAR Controls / EAR & OFAC Export Controls Seminar Series
“, ECTI; 540-433-3977

* Feb 20-21; Berlin, Germany; “
14. Exportkontrolltag
“; ZAR

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

* Mar 2-5; Washington D.C.; “
ITAR Controls / EAR & OFAC Export Controls Seminar Series
“, ECTI; 540-433-3977

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

* Mar 10-12:  Orlando, FL; “‘Partnering for Compliance’ Export/Import Control Training and Education Program“; Partnering for Compliance

* Apr 22-23: Washington D.C.; “Economic Sanctions Enforcement and Compliance“;
American Conference Institute

#
* Apr 29-30: Washington DC; “Economic Sanctions Enforcement and Compliance“; American Conference Institute
#
* May 20-21: Berlin, Germany; “Berlin Forum on Global Economic Sanctions“; C5

* May 27-28: Hong Kong, China; “Hong Kong Summit on Economic Sanctions Enforcement and Compliance“;
American Conference Institute

#
* Jun 9-10: Shanghai, China; “China Forum for Legal and Compliance Officers“; American Conference Institute
#
* Jul 21-22: Washington DC; “FCPA High Risks Markets“; American Conference Institute

 
Webinars 



* Sep 24: Webinar: “Top 10 Mistakes Importers Make (and How to Avoid Them)“; Sandler, Travis and Rosenberg Trade Law

* 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 10: Webinar: “ECCN Classification Numbers“; NCBFAA

* Dec 17: Webinar: “Managing Emerging Compliance Risks“; Baker McKenzie

 

2020
 
* Jan 14: Webinar: “Commodity Jurisdiction“; NCBFAA
* Apr 14: Webinar: “ACE Export Reports for Compliance“; NCBFAA

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

ENEDITOR’S NOTES

EN_a216
. Bartlett’s Unfamiliar Quotations

(Source: Editor)

 

*
Francis Marion Crawford (2 Aug 1854 – 9 Apr 1909; was an American writer noted for his many novels, especially those set in Italy, and for his classic weird and fantastic stories.)


“To expect defeat is nine-tenths of defeat itself.”

*
Stanley Baldwin (3 Aug 1867 – 14 Dec 1947; was a British Conservative Party statesman who dominated the government of the United Kingdom between the world wars, serving as Prime Minister on three occasions.)


“I would rather trust a woman’s instinct than a man’s reason.”

Friday funnies:  (State jokes, continued.)

* Minnesota:  What are the four seasons in Minnesota? Almost winter, winter, still winter, and construction.

* Missouri: A man from Kansas City walks into a bar and asks, “Wanna hear a joke about people from St. Louis?”  The bartender says, “Listen, pal, I’m from St. Louis, and I won’t appreciate it. The man sitting next to you is 265 pounds, and he’s from St. Louis too. And the bouncer, that huge guy there, is also from St. Louis. So do you still want to tell that joke?” “No,” says the guy from Kansas City. “Not if I have to explain it three times.”

* Montana:  Four women are driving across the country together, each one from a different state: Idaho, Nebraska, Montana, and California. Shortly after the trip begins, the woman from Idaho pulls potatoes from her bag and throws them out the window. “What are you doing?” asks the Nebraskan. “We have so many of these things in Idaho, I’m sick of looking at them.”  A moment later, the gal from Nebraska pulls several ears of corn from her bag and tosses them out the window. “What are you doing?” asks the gal from Montana.  “We have so many of these things in Nebraska, I’m sick of looking at them.”  Inspired, the woman from Montana opens the car door and kicks the Californian out.

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

EN_a317. 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: 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 (4 Jul 2019) of Bartlett’s Annotated FTR (“BAFTR”), by James E. Bartlett III, is available for downloading in Word format. The BAFTR is a 152-page Word document containing 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: 4 July 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: 23 July 2019: 84 FR 35307 – July 2019 Amendments to Global Terrorism Sanctions Regulations; Transnational Criminal Organizations Sanctions Regulations; and Hizballah Financial Sanctions Regulations [amendment of 31 CFR Parts 566, 590, and 594.] 
  

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: 22 July 2019: Harmonized System Update (HSU) 1913  
  – HTS codes for AES are available here.
  – HTS codes that are not valid for AES are available here.

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

EN_a418
. 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; and Assistant Editors, Alex 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 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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