19-0808 Thursday “Daily Bugle”

19-0808 Thursday “Daily Bugle”

Thursday, 8 August 2019

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 

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[No items of interest today.] 

  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.)
  3. State/DDTC: (No new postings.)
  4. Treasury/OFAC: “DNI Express Shipping Company and Southern Cross Aviation, LLC Separately Receive Findings of Violation Regarding Violations of the Reporting, Procedures and Penalties Regulations”
  1. Expeditors News: “CBP Updates Forfeiture Remission Guidelines for Export Control Violations”
  2. Freight Waves: “Firm Helps U.S. Companies Bypass China Tariffs via Canada”
  3. Reuters: “Japan Says Approved Export to South Korea after Strict Examination”
  1. A. Lopez-Casero & Z.C. Rosen: “OFAC issues Guidance Regarding Blacklisting of Venezuela’s Government”
  2. L.M. Brank, D.S. Dholakia & J.B. Zucker: “U.S. Announces Second Round of Sanctions on Russia for Chemical Weapons Violations”
  3. S. Stazzone: “5 Ways to Build a Better Export Control System”
  1. ECS Presents “2nd Annual ECS ITAR/EAR Symposium and Managing ITAR/EAR Complexities” on 17-19 Sep in Annapolis, MD
  2. FCC Presents “Designing an ICP for Export Controls & Sanctions”, 1 Oct 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 (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 2018), DOS/ITAR (19 Apr 2019), DOT/FACR/OFAC (6 Aug 2019), HTSUS (22 Jul 2019) 
  3. Weekly Highlights of the Daily Bugle Top Stories 


[No items of interest noted today.]

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OGS_a11. Items Scheduled for Publication in Future Federal Register Editions
(Source: Federal Register, 1 August 2019.)


* Commerce/BIS; NOTICES; Meetings: Materials Processing Equipment Technical Advisory Committee [Pub. Date: 2 August 2019.]

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Commerce/BIS (No new postings.)

(Source: Commerce/BIS)

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

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Treasury/OFAC: “DNI Express Shipping Company and Southern Cross Aviation, LLC Separately Receive Findings of Violation Regarding Violations of the Reporting, Procedures and Penalties Regulations”

Treasury/OFAC, 8 August 2019.)
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a Finding of Violation to DNI Express Shipping Company (“DNI”), incorporated in McLean, Virginia, for a violation of § 501.602 of the Reporting, Procedures and Penalties Regulations, 31 C.F.R. part 501 (RPPR). Specifically, DNI violated § 501.602 of the RPPR by providing information to OFAC during the pendency of OFAC’s investigation, including a subpoena response, that contained contradictory, false, materially inaccurate, materially incomplete, and misleading statements.
For more information, please visit the following web notice.
Separately, OFAC issued a issued a Finding of Violation to Southern Cross Aviation, LLC (“Southern Cross”), incorporated in Florida and with offices in Florida and North Carolina, for a violation of the RPPR.  Southern Cross violated § 501.602 of the RPPR by failing to provide complete information to OFAC in response to an Administrative Subpoena issued to Southern Cross.
For more information, please visit the following web notice.

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Expeditors News: “CBP Updates Forfeiture Remission Guidelines for Export Control Violations”

Expeditors News, 7 August 2019.) [Excerpts.]
On July 30 2019, U.S. Customs and Border Protection (CBP) published updated forfeiture remission guidelines for export control violations.
The updated guidelines include CBP adopting the same remission amount ranges for all violations, removing the distinction between, “technical violations” and “substantive violations.”
CBP listed the mitigating factors that may be taken into account, including:
  • Demonstrated export compliance program;
  • “Clear documentary evidence of remedial measures undertaken to prevent future violations”;
  • Importer or exporter record of compliance;
  • Voluntary disclosure of an export violation;
  • A history of cooperation with CBP and other government agencies. …

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Freight Waves: “Firm Helps U.S. Companies Bypass China Tariffs via Canada”

FreightWaves, 7 August 2019.) [Excerpts.]
As the Trump administration prepares to impose more tariffs on $300 billion of Chinese goods, a Canadian firm is banking on growing its business of helping e-commerce companies avoid them. 
Stalco, a Toronto-based third party logistics provider, began offering a service in 2018 that allows firms in the U.S. to re-direct shipments of Chinese goods to Canada. Stalco then fulfills the orders, shipping them to individual consumers in the United States – and facilities the return of any duty that Canada collected. …
Stalco typically ships an array of consumer goods for online purchases. The company uses provision of the U.S. customs code, Section 321, which exempts shipments valued at $800 and below from duties. They’re limited to a single shipment and importer per day.  
While the practice may go against the spirit of the Trump administration’s tariffs, it also appears to be legal, trade lawyers said. …

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Reuters: “Japan Says Approved Export to South Korea after Strict Examination”

Reuters, 8 August 2019.) [Excerpts.]
Japan has granted approval for exports of some high-tech material to South Korea for the first time since tighter export curbs were imposed last month, the government’s chief spokesman said on Thursday. …

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. A. Lopez-Casero & Z.C. Rosen: “OFAC issues Guidance Regarding Blacklisting of Venezuela’s Government”

Nixon Peabody, 6 August 2019.)
* Authors: Alexandra Lopez-Casero, Esq.,
alopezcasero@nixonpeabody.com, +1 617 345 1123, Zachary C. Rosen, Esq.,
zrozen@nixonpeabody.com, +1 202 585 8020, both of Nixon Peabody LLP.
This morning, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued formal guidance regarding the Venezuela sanctions. Specifically, OFAC clarified the scope of a new executive order (EO) that President Trump issued yesterday, August 5, 2019, which extended the sanctions program against Venezuela to prohibit dealings with the Government of Venezuela.
Some media reports have misidentified the new EO “Blocking Property of the Government of Venezuela” as a full embargo against Venezuela, similar to U.S. embargoes of Cuba and Iran. However, the EO primarily targets only the Venezuelan government by freezing all assets of the Government of Venezuela and any persons owned, controlled, or acting for or on behalf of the Government of Venezuela. The order defines the “Government of Venezuela” as the state of Venezuela and any political subdivision, agency, or instrumentality thereof, including the Central Bank of Venezuela and Petroleos de Venezuela, S.A. (PdVSA). While this EO is expected to have a profound impact, it should be noted that it does not amount to a full trade embargo. Unlike other U.S. embargoes, the EO does not otherwise prohibit exports or imports to or from Venezuela or forbid dealings with Venezuela’s private sector. The EO also includes specific exceptions for the delivery of food, medicine, and clothing. OFAC has 
published “Guidance Related to the Provision of Humanitarian Assistance and Support to the Venezuelan People” to provide additional information on humanitarian assistance exceptions.
The EO further authorizes the Secretary of the Treasury, in consultation with the Secretary of State, to blacklist-i.e., place on the Specially Designated Nationals and Blocked Persons list (SDN List)-anyone who has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of anyone placed on the SDN List pursuant to the EO, including the Government of Venezuela, or any entity acting for or on behalf of, or owned or controlled, directly or indirectly, 50% or more by the Government of Venezuela. This language will effectively extend sanctions to third parties outside of Venezuela who provide material support for the Government of Venezuela or persons who are placed on the SDN List pursuant to the EO, even if such third parties have no U.S. nexus.
In addition to the new and revised 
FAQs, OFAC has issued 
12 amended general licenses (General Licenses 2A, 3F, 4C, 7C, 8C, 9E, 10A, 13C, 15B, 16B, 18A, 20A) and 
13 new general licenses (General Licenses 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33) that provide exceptions to the EO. Most notably, General License 31 authorizes transactions with the government of the U.S.-recognized interim president of Venezuela Juan Gerardo Guaidó Marquez, that would otherwise be prohibited by the EO, including dealings with the Venezuelan National Assembly, its members and staff, and any persons appointed or designated by the National Assembly to act on behalf of the Government of Venezuela.
We recommend that U.S. 
and foreign companies carefully vet any transaction involving Venezuela or Venezuelan-owned companies, and use ownership questionnaires and end-use certifications to confirm the ownership of any Venezuelan customers, intermediaries, and other business partners, and the specific end-use.

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Dechert LLP, August 2019.) [Excerpts.]
* Authors: Laura M. Brank, Esq.,
laura.brank@dechert.com, +7 499 922 11 00, Darshak S. Dholakia, Esq.,
darshak.dholakia@dechert.com, +1 202 261 3467, Jeremy B. Zucker, Esq.,
jeremy.zucker@dechert.com, +1 202 261 3322, all of Dechert LLP.
The U.S. State and Treasury Departments announced that a second round of sanctions will be imposed against Russia pursuant to the Chemical and Biological Weapons Control Act of 1991 (“CBW Act”). The most notable new measure relates to prohibiting “U.S. banks” from participating in the primary market for certain sovereign bonds issued by the Russian government. Other sanctions include additional export licensing restrictions to Russia on items controlled for chemical and biological weapons proliferation reasons and opposing loans to Russia by international financial institutions.
Overview of New Measures
The U.S. government first issued sanctions against the Russian Government under the CBW Act in August 2018 in connection with the alleged use of a nerve agent in the United Kingdom against former Russian spy Sergei Skripal and his daughter. The CBW Act requires the imposition of a second round of sanctions unless the Russian Government meets certain conditions (either that the government provides assurances that it will no longer use chemical or biological weapons or President Trump determines that a waiver of sanctions is essential to the national security interest of the United States). Many months had passed since the statutory deadline to impose the second round of sanctions required under the CBW Act, and members of Congress (as recently as last week) had publicly called on the Trump Administration to do so.
On August 2, 2019, the State Department 
announced that the second round of sanctions would include the following three measures:
(1) U.S. opposition to the extension of any loan or financial or technical assistance to Russia by international financial institutions, such as the World Bank or International Monetary Fund.
(2) A prohibition on U.S. banks participating in the primary market for non-ruble denominated Russian sovereign debt and lending non-ruble denominated funds to the Russian government. …
(3) Additional export licensing restrictions on Department of Commerce-controlled goods and technology. …

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. S. Stazzone: “5 Ways to Build a Better Export Control System”

CamCode, 7 August 2019.) [Excerpts.]
* Author: Shelly Stazzone, Marketing Manager of CamCode Global Ltd.
… Here are five important ways to ensure that your export control system is created with the best practices in mind to adapt to future requirements:
1. Clarify roles and responsibilities
It’s important to build your export control system around your existing business processes; the best way to do this effectively is to start with your executive team and employees. To secure critical management commitment, appoint a high-ranking export officer to oversee the compliance program and ensure all components are followed. It’s also important to establish clear roles among personnel who work with export control to clarify how the program will be administered and maintained. With this newfound transparency among your organization’s most vital stakeholders, you can now focus on the necessary details of carrying out the program.
2. Identify and control technical data
Having a complete list of all the applications, servers, cloud software, and file storage services that your company uses is a great first step in determining which technical data should be controlled. There are two groups of regulations that define export controls for technical data: the 
Export Administration Regulations (EAR) and the 
International Traffic in Arms Regulations (ITAR). Based on the export control classification number (
ECCN) for your products, the types of technical data that must be controlled are unique in each case. Because of this, it is especially important to thoroughly review any relevant data related to the product, such as design, production, operation, and maintenance. …
3. Institute site access controls and labeling   
You should properly label your controlled articles, including technical data, external storage devices with sensitive information, and all related equipment, parts, and storage containers. If there are external partners involved in the operation it may warrant additional signs and labeling on items and within your facility. For equipment labeling, use permanent 
UID labels, long-lasting, durable solutions that are designed to fit the needs 
stipulated by the Department of Defense. Your site security plan should provide full access control for areas that need to be protected based on the controlled articles present. Any travel or transportation of articles or data by employees must also be strictly controlled.
4. Clarify your export documentation and record-keeping
We’ve already covered data and equipment, but document control is also a vital aspect of setting up a robust export compliance system. With so many forms, procedures, and records to keep track of, it’s a good idea to review the documentation information maintained in the EMCP guidelines.
Export regulations are complex, involving ever-changing regulations and numerous 
important terms that your team must understand. Training goes hand-in-hand, and as a result – beyond simple training records – many opportunities exist to reinforce roles and responsibilities while keeping export compliance systems at the forefront.
5. Maintain a strong audit process from the start
The best way to prepare for external oversight and auditing is to create a strong internal audit as part of your compliance control program. By scheduling reasonably frequent reviews of your systems, documentation, and procedures, you can ensure that any issues can be corrected in a timely manner. Your export control system represents your primary means of protecting your shipments, property, and internal information.

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TE_a111. 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 
 or by calling 866-238-4018 or email 

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TE_a212. FCC Presents “Designing an ICP for Export Controls & Sanctions”, 1 Oct in Bruchem, the Netherlands

This training course is designed for compliance officers, managers, and other professionals who aim to enhance their organization’s compliance efforts. The course will cover multiple topics and tackle various key questions, including but not limited to:
   – Setting the Scene: ensuring compliance in the export control and sanctions arena
   – What is expected from your organization? A closer look at the official frameworks and guidelines from U.S. and European government agencies
   – Key elements of an ICP
   – Best practice tips for enhancing your current compliance efforts  
   – Internal controls samples (policies, procedures, instructions)
   – Strategic benefits of having an ICP.
* What: Designing an Internal Compliance Program (ICP) for Export Controls & Sanctions
* Date: Tuesday, 1 Oct 2019
* Location: Full Circle Compliance, Landgoed Groenhoven, Dorpsstraat 6, Bruchem, The Netherlands
* Times:
   – Registration and welcome: 9.00 am – 9.30 am
   – Training course hours: 9.30 am – 4.30 pm
* Level: Intermediate
* Target Audience:  the course provides valuable insights for both compliance professionals, employees and (senior / middle) management working in any industry subject to U.S. and/or EU (member state) export control laws and sanctions regulations.
* Instructors: Drs. Ghislaine C.Y. Gillessen RA and Marco M. Crombach MSc.
* Information & Registration: click
here or contact us at 
events@fullcirclecompliance.eu or 31 (0)23 – 844 – 9046.  

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Lord John Russell: (18 Aug 1792 – 28 May 1878; was a leading Whig and Liberal politician who served as Prime Minister of Great Britain in 1846-1852, and 1865-1866 during the early Victorian era.)
– “A proverb is the wisdom of many and the wit of one.”
Sara Teasdale: (8 Aug 1884 – 29 Jan 1933; was an American lyric poet. She was born Sarah Trevor Teasdale in St. Louis, Missouri, and used the name Sara Teasdale Filsinger after her marriage in 1914.)

  – “When I can look life in the eyes, grown calm and very coldly wise, life will have given me the truth, and taken in exchange – my youth.”

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. 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

: 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 July 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.   


  – 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: 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 371-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 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: 6 August 2019:
84 FR 38545
– August 2019 Amendments to Iranian Financial Sanctions Regulations and Iranian Human Rights Abuses Sanctions Regulations [amendment of 31 CFR Parts 561 and 562.]  


, 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.

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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  

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* 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.

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