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19-0903 Tuesday “Daily Bugle”

19-0903 Tuesday “Daily Bugle”

Tuesday, 3 September 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 

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. (The Daily Bugle was not published yesterday, 2 September 2019.)

  1. USTR Requests Comments on Proposed Modification of Action Pursuant to Section 301
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.)
  3. DHS/CBP Releases Harmonized System Update 1915
  4. Justice: “Iranian Businessman Pleads Guilty to Conspiracy To Violate U.S. Sanctions By Exporting Carbon Fiber From The United States To Iran”
  5. Justice: “Turkish Businessman Sentenced to 27 Months Imprisonment for Conspiracy to Violate U.S. Sanctions by Exporting Marine Equipment from the United States to Iran”
  6. State/DDTC: (No new postings.)
  7. Singapore Customs Publishes a Revised End-User Statement Formats for Strategic Trade Scheme Bulk Permit and Individual Permit
  1. GQ Australia: “You Can Buy An F-16 Fighter Jet Online Right Now!”
  2. The New Humanitarian: “The Arms Trade Treaty: Where Export Controls Meet Efforts to Reduce Sexual Violence”
  3. Nikkei: “North Korea Exploits UN Sanctions Loophole to Earn Foreign Currency”
  4. Reuters: “Sanctions Choke Iran’s Crude Sales, But Oil Product Exports Booming”
  5. ST&R Trade Report: “Export Controls Eased for Radar Used in Vehicles”
  1. D. Hanke & D.N. Reeves: “CFIUS 2.0: ‘Sensitive Personal Data’ in the National Security Context”
  2. T. Murphy: “Section 301 – Increased Duty Rates and Possible Changes to the Product Exclusion Form”
  1. WSJ: “Nazak Nikakhtar Withdraws Her Nomination for Undersecretary”
  2. Monday List of Ex/Im Jobs: 138 Openings Posted This Week; 11 New Openings
  1. ECS Presents “ITAR/EAR Boot Camp: Achieving Compliance” on 8-9 Oct in Savannah, GA
  2. FCC Presents “U.S. Export Controls: ITAR from a non-U.S. Perspective”, 26 Nov in Bruchem, the Netherlands
  1. Bartlett’s Unfamiliar Quotations 
  2. New Edition of the BITAR is Available 
  3. Are Your Copies of Regulations Up to Date? Latest Amendments: DHS/Customs (5 Apr 2019), DOC/EAR (21 Aug 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 (13 Aug 2019) 
  4. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a11. USTR Requests Comments on Proposed Modification of Action Pursuant to Section 301

(Source: Federal Register, 3 Sep 2019.) [Excerpts.]
 
84 FR 46212-46417: Request for Comments Concerning Proposed Modification of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation; Notice
 
* AGENCY: Office of the United States Trade Representative.
* ACTION: Request for comments.
* SUMMARY: In accordance with the specific direction of the President, the U.S. Trade Representative proposes to modify the action being taken in this investigation by increasing the rate of additional duty from 25 percent to 30 percent on the products of China currently subject to tariff actions first taken in June, August, and September 2018, with an aggregate annual trade value of approximately $250 billion. The products subject to this proposed modification are specified in prior notices, and for the convenience of the public also are set out in the Annexes to this notice. The Office of the U.S. Trade Representative invites public comment on the proposed modification.
* DATES: September 20, 2019: To be assured of consideration, submit written comments by September 20, 2019. October 1, 2019: The proposed modification would be effective on October 1, 2019.
* ADDRESSES: Submit public comments and the public version of comments containing business confidential information (BCI) through the Federal eRulemaking Portal: http://www.regulations.gov. The docket number is USTR-2019-0015. Follow the instructions for submitting comments in sections D below. Email comments containing BCI to 301bcisubmissions@ustr.eop.gov.
* FOR FURTHER INFORMATION CONTACT: …
* SUPPLEMENTARY INFORMATION: …
 
B. Proposed Modification of Action
 
The Section 301 statute (set out in Sections 301 to 308 of the Trade Act) (19 U.S.C. 2411-2418) includes authority for the U.S. Trade Representative to modify the action being taken in an investigation. In particular, Section 307(a)(1) authorizes the U.S. Trade Representative to modify or terminate any action taken under Section 301, subject to the specific direction, if any, of the President, if the burden or restriction on United States commerce of the acts, policies, and practices that are the subject of the action has increased or decreased, or the action is being taken under Section 301(b) and is no longer appropriate. …

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OGSOTHER GOVERNMENT SOURCES

OGS_a12. Items Scheduled for Publication in Future Federal Register Editions

(Source: Federal Register, 3 Sep 2019.)
 

* Treasury/OFAC; RULES; Sanctions Regulations: Nicaragua [Pub. Date: 4 Sep 2019.]

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OGS_a23
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Commerce/BIS: (no new postings.) 

(Source:
Commerce/BIS)

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OGS_a34
.
DHS/CBP Releases Harmonized System Update 1915
(Source: DHS/CBP, 3 Sep 2019.)
 
Harmonized System Update (HSU) 1915 was created on September 3, 2019 and contains 64 ABI records and 12 harmonized tariff records.
 
System modifications were made to support the Office of the United States Trade Representative’s (USTR) Notice of Modification of Section 301 Action: China’s Acts, Policies, and Practices Related to Technology, Transfer, Intellectual Property and Innovation. The Notice was published on August 20, 2019 in the Federal Register, Vol. 84, No. 161, page 44304, and can be retrieved via the link.
 
Changes also include those made to support the Office of the United States Trade Representative’s (USTR) Notice of Modification of Section 301 Action: China’s Acts, Policies, and Practices Related to Technology, Transfer, Intellectual Property and Innovation issued on Friday August 30, 2019. The Notice can be found in the Federal Register, Vol. 84, No. 169, page 45821 or by using the link.
 
Modifications were made to support the PGA Message Set functionality as well.  
Adjustments required by the verification of the 2019 Harmonized Tariff Schedule (HTS) are also included.  
The modified records are currently available to all ABI participants and can be retrieved electronically via the procedures indicated in the CATAIR. For further information about the retrieval process, please contact your client representative.
 
All other questions regarding this message, please contact Jennifer Keeling via email at Jennifer.L.Keeling@cbp.dhs.gov.

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OGS_a45
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Justice: “Iranian Businessman Pleads Guilty to Conspiracy to Violate U.S. Sanctions by Exporting Carbon Fiber from The United States to Iran”

(Source: Justice, 29 Aug 2019.) [Excerpts.]
 
Behzad Pourghannad pleaded guilty today to participating in a conspiracy to export carbon fiber from the United States to Iran between 2008 and 2013.
 
“Pourghannad was in Iran while he worked to obtain carbon fiber from the United States contrary to U.S. law,” said Assistant Attorney General John C. Demers for National Security. “He may have believed he was out of U.S. law enforcement’s reach, but thanks in part to assistance from the German government, which extradited him, this case is now another example of the Department’s ability to hold Iran’s illicit procurement agents accountable, regardless of where they work.”  
 
Manhattan U.S. Attorney Geoffrey S. Berman said: “Behzad Pourghannad has now admitted that he conspired to circumvent repeatedly U.S. export controls on carbon fiber, a substance with numerous military and aerospace applications. Together with the FBI, the Commerce Department, and all of our law enforcement partners, we will continue to protect our national security.”
 
According to the allegations contained in the indictment and statements made at Pourghannad’s guilty plea:
 
Between 2008 and July 2013, Pourghannad and his two codefendants, Ali Reza Shokri and Farzin Faridmanesh lived and worked in Iran. During that period, they worked together to obtain carbon fiber from the United States and surreptitiously export it to Iran via third countries. In particular, Shokri worked to procure many tons of carbon fiber from the United States; Pourghannad agreed to serve as the financial guarantor for large carbon fiber transactions; and Faridmanesh agreed to serve as the trans-shipper. Carbon fiber has a wide variety of uses, including in missiles, aerospace engineering and gas centrifuges that enrich uranium.
 
In or about late 2007 and early 2008, Shokri and a Turkey-based co-conspirator (CC-2) successfully arranged for the illegal export and transshipment of carbon fiber from the United States to an Iranian company associated with Shokri (Iranian Company-1). Specifically, CC-2 contacted a United States supplier of carbon fiber, who in turn enlisted a third individual (Individual-1) for assistance with the transaction. Through Individual-1, CC-2 purchased carbon fiber from the United States supplier and arranged for the shipment of the carbon fiber from the United States, through Europe and Dubai, United Arab Emirates, to Iranian Company-1, operated by Shokri, in Iran.
 
In or about May 2009, Pourghannad and Shokri attempted to arrange another illegal purchase and transshipment of carbon fiber from the United States to Iran. Specifically, Individual-1 returned a signed contract to Pourghannad for Shokri’s purchase of a large quantity of carbon fiber. Individual-1 then purchased the carbon fiber from a United States supplier and arranged for the carbon fiber to be exported from the United States to a third country (Country-1), en route to Iran. Country-1 authorities, however, interdicted the carbon fiber shipment before it could be trans-shipped to Iran.
 
In or about 2013, Pourghannad, Shokri, and Faridmanesh again attempted to illegally procure and export carbon fiber from the United States to Iran. In the 2013 transaction, Shokri and Pourghannad negotiated with Individual-1 for the purchase and trans-shipment to Iran of more than five tons of carbon fiber. Faridmanesh and Pourghannad further agreed with Individual-1 that the carbon fiber would be trans-shipped from the United States to Iran through Tbilisi, Georgia, with Faridmanesh to serve as the trans-shipper. Faridmanesh specifically instructed Individual-1 to change the shipping labels on the carbon fiber to reference “acrylic” or “polyester,” rather than “carbon fiber.” Pourghannad provided Individual-1 with the bank guarantee that was to serve as surety for a portion of the carbon fiber. In or about June 2013, Individual-1 informed Pourghannad , Shokri and Faridmanesh that the carbon fiber would soon be shipped from New York, New York, and that Individual-1 would replace the carbon fiber labels with shipping labels referencing “acrylic” to evade U.S. export controls.
 
No one involved in these transactions obtained permission from the U.S. Department of Treasury, Office of Foreign Assets Control, to export the carbon fiber from the United States.
 
Pourghannad , 65, who is an Iranian citizen, pled guilty to one count of conspiracy to violate the International Emergency Economic Powers Act, which carries a maximum sentence of 20 years in prison. He will be sentenced by Judge Briccetti on Dec. 13, 2019.
 
Shokri and Faridmanesh remain at liberty. …

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OGS_a56
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Justice: “Turkish Businessman Sentenced to 27 Months Imprisonment for Conspiracy to Violate U.S. Sanctions by Exporting Marine Equipment from the United States to Iran”
(Source: Justice, 3 Sep 2019.) [Excerpts.]
 
Resit Tavan, a Turkish Businessman and owner of the Istanbul-based Turkish business Ramor Dis Ticaret Ltd. (also known as the “Ramor Group”) was sentenced on Thursday, Aug. 29, 2019, in Federal District Court in Milwaukee, Wisconsin, to 27 months imprisonment in connection with his conviction for conspiracy to violate U.S. sanctions by exporting specialized marine equipment from the United States to Iran between 2013 to 2015.
 
On April 2, 2019, Tavan, a Turkish citizen, had pleaded guilty to a conspiracy to violate U.S. sanctions on Iran under the International Emergency Economic Powers Act by using his Turkish based company, the Ramor Group, to acquire a range of marine related equipment that had been manufactured in Wisconsin by U.S. companies, including high powered outboard engines, marine power generators and power boat propulsion equipment known as surface drives, on behalf of the Iran-based Qeshm Madkandalou Shipbuilding Cooperative (Madkanadalou). Evidence introduced in Court showed that Tavan had worked in cooperation with Iranian officers associated with Madkandalou to use some of this U.S. origin marine equipment to support the construction and development of a prototype high-speed missile attack boat for the Iranian military or naval forces. From early 2013 through 2015, Tavan and the Ramor Group had worked in concert with Iranian officials to procure U.S. origin marine equipment and illegally export it to Iran by using the Ramor Group in Turkey to receive the goods and thereafter re-export it to Madkandalou in Iran, in violation of U.S. sanctions.
 
At the sentencing hearing, the District Court Judge indicated that this conspiracy to violate U.S. sanctions by procuring marine equipment for military purposes represented a serious threat to U.S. national security. The Judge also found that Tavan’s role in the offense should be considered in connection with the overall direction and control of the project by higher ranking Iranian officials. …

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OGS_a67
State/DDTC: (No new postings.)

(Source:
State/DDTC)

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OGS_a78
.
Singapore Customs Publishes a Revised End-User Statement Formats for Strategic Trade Scheme Bulk Permit and Individual Permit
(Source: Singapore Customs, 2 Sep 2019.)
 
Singapore Customs has released the following document(s) on its website:

Circulars

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NWSNEWS

NWS_a19
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GQ Australia: “You Can Buy An F-16 Fighter Jet Online Right Now!”

(Source: 
GQ Australia, 3 Sep 2019.) [Excerpts.]

The F-16 is probably what most people below the age of 50 think about when they hear the term ‘fighter jet’. As improvements in war correspondence allowed the front lines of Desert Storm, Kosovo and the Gaza Strip t be beamed into household television sets in the ’80s and ’90s, the Fighting Falcon, as it was named, was the archetypal flying war machine of the and ’90s, smiting America’s enemies at Mach 2 during Desert Storm for all to see. In fact, it’s still in active service, and still used by a wide range of the world’s most formidable Air Forces. And you can own one for yourself right now. Good luck learning to fly this one.

Listed by JetLease alongside a series of Blackhawk Helicopters, Gulfstream Jets, and even an AC-130 Hercules gunship, the jet in question has logged about 6,000 of flight time with the US Air Force.

Naturally, it’s since been put out to pasture by the Yanks in favour of more advanced aircraft, but it’s also a genuine piece of War memorabilia, having logged a good chunk of that flight time flying missions during Operation Desert Storm. Even better, the flight time means it has a solid 2,000 hours worth of flight time left before it requires major repairs.


There are, of course, kickers. First of all, it’ll cost a couple of grand just to put enough fuel in to fly it for an hour. Secondly, it’s been stripped of all its war equipment, essentially making it a one-seat plane and not much more, albeit an extremely quick one.

You’ll also need to pay a specialised crew to get it ready, and acquire International Traffic In Arms Regulations (ITARS) licensing to prove you can fly it without potentially killing hundreds of people in a fiery crash.


We still think the pros outweigh the cons, however. If you can afford it (and go without blacking out each time you fly it, you’ll get about as much fun out of it as any toy in the world. It’ll do well over Mach 2, and is capable of climbing 62,000 feet per minute. It also has a Joint Helmet Mounted/Cueing System (JHMCS) as well as night-vision compatible helmets included, so it’s pretty much ready to fly providing you BYO G-Suit.

The cost? Just $12.6 million AUD, which is well under the unit price they used to go for when ordered new in the late ’90s. Cue up the Kenny Loggins.

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NWS_a210
.  
The New Humanitarian: “The Arms Trade Treaty: Where Export Controls Meet Efforts to Reduce Sexual Violence”
(Source:
The New Humanitarian, 2 Sep 2019) [Excerpts.]
 
‘The bad behaviour of larger – and generally Western – states, parties, and signatories goes unchecked.’  Conflict, crime, and political repression often place weapons and – by extension – the arms trade at the centre of sexual- and gender-based violence around the globe.
 
In early June, a violent crackdown on protests in Sudan’s capital, Khartoum, allegedly involved dozens of rapes by armed security forces. Videos on social media showed militia intimidating women and supposedly displaying the clothes of rape victims. In recent years, Sudan has circumvented EU and US sanctions with arms purchases from China, Russia, and Belarus.
 
A July report by the UN’s human rights office published detailed abuses committed by government-allied agents or paramilitaries in Venezuela, which has assembled one of the biggest arms stockpiles in the Americas – including billions of dollars’ worth of weapons from Russia. Among those abuses: rape during the arrest and confinement of female political opponents; sex exchanged for protection at a detention centre; and the sex trafficking of indigenous women and children into mining.
 
From Honduras and El Salvador, where the rates of femicide are among the highest in the world, many women flee to the United States – often the source of the handguns used to threaten them at home. Arms smuggling is facilitated by US federal and state regulations that make it difficult to track weapons.
 
Around the world, weapons are worsening human rights abuses, including domestic violence, sexual assualt, and rape. But precise statistics on violence linked to traded arms are difficult to pinpoint as countries often don’t publish the instruments used in violence. What is clear is that GBV increases when there is a greater availability of weapons.
 
“Gender-based violence is one of the humanitarian consequences when weapons are poorly regulated, widely available, and misused,” explained Netta Goussac, a legal advisor in the arms unit of the International Committee of the Red Cross’s legal division.
 
In April 2013, the first global legally binding instrument was signed regulating international transfers of most conventional weapons, as well as some ammunition and components.  Now signed by 104 countries, the Arms Trade Treaty also requires arms exporters to assess sales that would likely lead to violations of human rights or humanitarian law, and could be used in “serious acts of gender-based violence”.
 
Last week, delegates from the countries who ratified the treaty met in Geneva to discuss improving its implementation, as well as to welcome new members, including Canada and Botswana.
 
Strengthening the wording.  Any party to the Arms Trade Treaty should take events like those above into account before issuing export licences, but activists and officials say many illegal transactions are still happening with impunity, more than six years after the treaty was signed.
 
In Geneva, officials and activists sought to strengthen Article 7.4, which requires states to consider “the risk of the conventional arms… being used to commit or facilitate serious acts of gender-based violence or serious acts of violence against women and children”.  . . .
 
Reacting to the final statement adopted in Geneva on Friday, the WILFP said it had laid a “foundation” regarding the treaty and gender and GBV issues. However, the NGO also noted that the “use of qualifiers like ‘encourage’ and ‘should’ and ‘voluntary’ does leave open some space for those with reservations on this subject to prevent progress”.
 
In terms of practical success, the WILFP recently highlighted the case of a 2006 German weapons sale to police in Mexico – both countries are now parties to the treaty. Some weapons shipped to the Mexican police were used in a massacre in a part of the country that, according to the export licence, ought to have been excluded from the sale. Executives of the German arms manufacturer, Heckler & Koch, were this year given suspended jail sentences, and the company was fined €3.7 million.
 
Missing pieces.  Many key conventional arms exporters, such as Israel, Russia, Saudi Arabia, and Turkey are still outside of the treaty, and President Donald Trump of the United States, the world’s top arms exporter, announced in April that the US would “never” ratify it.  Vaira Vīke-Freiberga, the former president of Latvia and the country’s first female head of state, told The New Humanitarian in Geneva that the absence of these countries from the treaty makes it “very difficult” to enforce.

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NWS_a311
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Nikkei: “North Korea Exploits UN Sanctions Loophole to Earn Foreign Currency”
(Source: Nikkei Asian Review, 2 September, 2019) [Excerpts.]
 
North Korea is increasing exports of paintings and wigs to China, in an effort to earn foreign currency by exploiting a U.N. sanctions loophole.
 
While North Korea’s exports to China halved in value on the year in 2018 due to the U.N. sanctions, China represents a record 95.8% of the country’s trade value.
 
A Chinese trading company owner in his 40s in Dandong, Liaoning Province, was asked by a Pyongyang-based manufacturer to boost orders because the company had an ample workforce. The maker’s six plants and several thousand employees have been left idle due to the economic downturn.
 
North Korea is banking on exports of light industrial products, which are not subject to sanctions, to China. For example, samples of wigs and false eyelashes as well as human and synthetic hair are sent from China to North Korea so that workers can make wigs and false eyelashes by hand. …

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NWS_a412
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Reuters: “Sanctions Choke Iran’s Crude Sales, But Oil Product Exports Booming”
(Source: Reuters, 2 Sep 2019.) [Excerpts.]
 
While U.S. sanctions on Iran’s oil industry have slashed the OPEC member’s crude exports by more than 80%, oil product sales from the Islamic Republic remain strong at nearly $500 million a month, shipping data and Reuters calculations show.
 
Sanctions have barely affected Iran’s exports of oil products, primarily fuel oil used for power generation and shipping as well as liquefied petroleum gas (LPG) used as cooking gas and petrochemical feed.
 
Iran’s product exports reached their highest level in August, oil minister Bijan Zanganeh was quoted as saying by a lawmaker after a parliamentary meeting on Aug. 27. “In exports of products we have no problem,” Zanganeh was cited as saying. …

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NWS_a513
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ST&R Trade Report: “Export Controls Eased for Radar Used in Vehicles”
 
The State Department has issued a final rule making two changes to category XI on the U.S. Munitions List.
 
First, effective Aug. 30, this rule excludes from the USML certain lower-performing radars, including in driver-assisted and self-driving ground vehicles and in detect-and-avoid systems for autonomous aerial systems. Specifically, this exclusion applies to those transmit/receive modules and transmit/receive monolithic microwave integrated circuits fabricated exclusively with homojunction complementary metal-oxide-semiconductor silicon-based circuits on silicon substrates, as well as radars and radar antennas that are specially designed to use only such modules or MMICs. These items will be subject to the Export Administration Regulations as of Aug. 30.
 
Second, this rule extends through Aug. 30, 2021, a temporary modification of category XI(b) intended to clarify that certain intelligence-analytics software has been and remains controlled on the USML. A more permanent solution is expected to be part of a wholesale revision of category XI that State is continuing to work on.

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COMMCOMMENTARY

COM_a114.
D. Hanke & D.N. Reeves: “CFIUS 2.0: ‘Sensitive Personal Data’ in the National Security Context”
(Source:
Arent Fox, 3 September 2019.) [Excerpts.]
 
* Authors: Hanke, Esq., david.hanke@arentfox.com; and De’Siree N. Reeves, Esq., desiree.reeves@arentfox.com, both of Arent Fox LLP.
 
In recent years, the Committee on Foreign Investment in the United States (CFIUS) has taken a much stronger interest in the national security ramifications of sensitive data falling into the hands of foreign adversaries, including the sensitive personal data of American citizens.
To better address those concerns and others, Congress gave CFIUS some significant new tools and authorities in 2018 when it enacted the Foreign Investment Risk Review Modernization Act (FIRRMA), modernizing CFIUS’s processes and expanding its jurisdiction to cover so-called non-passive, non-controlling investments in US companies in three focal areas: critical technologies, critical infrastructure, and sensitive personal data. These are minority-position investments, including venture capital and other private equity transactions, through which a foreign person could obtain certain types of governance or information rights with the US company.
 
Who Should Be Paying Attention to This?
 
Developments in this area could impact a wide array of US industries that collect or maintain the personal data of Americans and that seek investment from sources that CFIUS might consider to be foreign persons. This could include certain types of companies in the following sectors and areas, just to name a few: financial services, insurance, health care, genetic research and testing, hospitality, travel and tourism, transportation, retail, social media, software, and technology.
 
Just How Far Will CFIUS Reach Into the Realm of Sensitive Personal Data?
 
Of the three areas of new CFIUS jurisdiction for minority-position investments, arguably the most novel and potentially far-reaching is transactions involving sensitive personal data. This new type of CFIUS jurisdiction was added to FIRRMA very late in the legislative process, after negotiators from the House of Representatives requested its inclusion. And, it has the potential to significantly alter the investment landscape for data-centric businesses that are seeking capital.
 
At present, the Treasury Department and other CFIUS member agencies are busy drafting the complex implementing regulations for FIRRMA, carrying out its various mandates and setting the exact scope of CFIUS’s expanded jurisdiction. They have until March of next year to finalize and promulgate those (though CFIUS began test-driving its new authorities late last year). For many years, CFIUS has had the jurisdiction to review “control” transactions (i.e., mergers and acquisitions) involving sensitive personal data, but the new regulations could affect how it analyzes those types of transactions as well.
 
FIRRMA provided no definition whatsoever for “sensitive personal data,” making it difficult to predict just how broadly or narrowly CFIUS might scope this key jurisdictional term. That is in stark contrast to the new law’s treatment of the two other areas where it expanded CFIUS’s jurisdiction over minority-position investments. FIRRMA laid out at least a basic definition of “critical infrastructure,” as well as a highly detailed definition of “critical technologies.” …

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COM_a215.
T. Murphy: “
Section 301 – Increased Duty Rates and Possible Changes to the Product Exclusion Form

(Source: Author, 3 Sep 2019.)
 
* Author: Ted Murhpy, Esq., Baker & Mckenzie. Contact Ted at:

 
First, the USTR issued a notice increasing the rate of additional duty from 10% to 15% on the $300 billion worth of articles included on List 4 last Wednesday. The first tranche of List 4 duties went into effect at the 15% rate this past Sunday, September 1st. The second tranche of List 4 duties is scheduled to go into effect on Sunday, December 15th.   According to the notice, the increase is due to China’s decision to retaliate against $75 billion worth of imports from the United States. In addition, additional public comment is not needed before increasing the duty rate since the original notice invited public comments on duties of up to 25%. A copy of the notice is attached here for your reference.
 
Second, the USTR issued a notice requesting public comments on the proposal to increase the rate of additional duty from 25% to 30% on the $250 billion worth of articles included on Lists, 1, 2 and 3 last Thursday. The USTR is soliciting written comments on “whether increasing the rate of additional duties on one or more subheadings listed in the Annexes would be practicable or effective to obtain the elimination of China’s acts, policies, and practices, and whether increasing the rate of additional duties on a particular product listed in the Annexes would cause disproportionate economic harm to U.S. interests, including small- or medium-sized businesses and consumers.” Comments must be submitted September 20th. Any increase in the duty rate is proposed to go into effect October 1st. A copy of the notice is attached here for your reference.
 
Finally, the USTR recently issued a notice requesting public comments on the List 3 product exclusion request form. As you may recall, when the USTR changed the exclusion process from List 2 to List 3, it got emergency OMB approval for the new form. That approval expires at the end of the calendar year. USTR is going to request that OMB extend that approval 3 more years and, as part of that process, is requesting public comments on whether:
 
(1) the information requested in the form is necessary for the USTR to perform its function;
(2) USTR’s estimate of the burden imposed by the procedures is accurate, including whether there were errors in its methodology and/or assumptions;
(3) there are ways to enhance the quality, utility, and clarity of the process; and
(4) steps could be taken to minimize the burden of the information requested on those filing product exclusion requests.
 
The comment deadline is October 21st. The good news is that this indicates that the Administration intends to provide a product exclusion process for List 4 articles. The bad news is that this suggests that (1) the List 4 exclusion process may not open until after October 21st; and (2) the List 4 exclusion request form may be different from the List 3 form. That said, we expect the core information requested in any new form to be similar to the prior forms (e.g., product description, why the product is available only from China, how the additional duty will harm the requestor and/or other U.S. interests, whether the product is related to ‘Made in China 2025’, etc.). The notice also contains interesting information on the number of product exclusion requests the USTR expects to receive for List 4 (i.e., 60,000) and how long it takes to prepare (~2 hours per request) and to review (~2.5 hours per request). A copy is attached here for your reference.
 
While negotiations are still (reportedly) on for later in September, it is increasingly unlikely that a deal will be reached any time soon. As a result, all companies should continue pursuing their tariff mitigation strategies (e.g., restructuring the supply chain, applying for product exclusions, pursuing customs valuation, drawback and other duty savings opportunities, etc.). In particular, remember that product exclusion requests for List 3 articles must be submitted by September 30th.  

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MSEX/IM MOVERS & SHAKERS

MS_a116. WSJ: “Nazak Nikakhtar Withdraws Her Nomination for Undersecretary”

(Source: Wall Street Journal, 31 Aug 2019)
 
Ms. Nazak Nikakhtar, who led the Commerce Department’s Bureau of Industry and Security, will return to a more junior position she once held in a different division, a Commerce Department spokesman said Thursday (30 Aug). Ms. Nikakhtar, a trade and export-control lawyer, was nominated in April as undersecretary for industry and security. She has led the division in an acting role while awaiting confirmation. Officials within her division have been reviewing applications that U.S. tech companies and others have submitted in an attempt to reopen their supplier pipeline to Huawei. With the move, Ms. Nikakhtar effectively withdraws her nomination for undersecretary.
 

  
 
back to top 

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MS_a217. Monday List of Ex/Im Job Openings: 138 Openings Posted This Week, Including 11 New Openings 

(Source: Events & Jobs Editor) 
 

Published every Monday or first business day of the week. Please, send job openings in the following format to 
jobs@fullcirclecompliance.eu
.
 
* COMPANY; LOCATION; POSITION TITLE (WEBLINK); CONTACT INFORMATION; REQUISITION ID
 

#
” New or amended listing this week
 


* Abbott; Alameda, CA; Customs, Trade and Compliance Analyst
 

* Accenture; Dublin, Ireland; Trade Compliance – Legal Associate Manager; Requisition ID: 00748516
* AeroPrecision; Tacoma, WA; Export Compliance Assistant
* Agility; Boston, MA; Import/Entry Writer Coordinator

* AM General; Auburn Hills, MI; International Compliance Analyst 

* Arrowhead Products; Los Alamitos, CA; Trade Compliance Specialist

* BAE Systems; Arlington, VA; Director International Trade and Compliance/Senior Counsel; Requisition ID: 52758BR

* BAE Systems; Arlington, VA; International Trade Manager I (Compliance); Requisition ID: 52578BR

* Baker Hughes; Houston, TX;
Trade Compliance Classification Analyst
; Requisition ID: 1919330

* BASF; Mannheim, Germany; Manager Global Export Control; Requisition ID: EN57992009_ONLE_1

#
* Boeing; Fairfax, VA; Sr. Manager, Global Compliance & Requirements, Global Trade Controls; Requisition ID:
00000137052

* Bose; Framingham, MA; Senior Customs & Trade Compliance Lead; Requisition ID: R12731

#
* Bunge; Chesterfield, MO; Customs Compliance Manager – North America;

* CACI; Chantilly, VA; Trade Compliance Analyst; Requisition ID: 223627_20151

* Cargill; Jakarta, Indonesia; Global Trade Operations & Compliance 
* Cobham Advanced Electronic Solutions; Exeter, NH; 
Export Compliance Administrator
; Requisition ID: req2614

* Cobham Advanced Electronic Solutions; Hauppauge, NY or Plainview, NY; Export Compliance Administrator; Requisition ID: req2484

* Comtech EF Data; Tempe, AZ or Germantown, MD; Vice President Compliance; Requisition ID: 2503

* Curtiss-Wright; Cheswick, PA; Sr. Manager, Global Trade ComplianceKirsty.harris@curtisswright.com; Requisition ID: 5272 
* Danaher – Leica Microsystems; Wetzlar, Germany; Chief Compliance Officer; Requisition ID: LEI004530

* Danaher – SCIEX; Framingham, MA; Senior Manager Global Trade Compliance; Requisition ID: SCI003363

#
* DHL; Duisburg, Germay; Compliance Manager; Requisition ID: req73899
#
* DHL; Kuala Lumpur, Malaysia; Export Control Expert Asia Pacific; Requisition ID: req81427

* DHL; Singapore; Trade Compliance Manager APAC; Requisition ID: req74719  

* Domino Printing; Cambridge, United Kingdom;
Trade Compliance Manager; Requisition ID: 001
* Eaton; Aguascalientes, Mexico; Logistics and Trade Compliance Senior Analyst; Requisition ID: 076166

* Eaton; Peachtree City, GA; Director of Trade Compliance 
#
* Eaton; Bonn, Germany; Internal Controls & Compliance Lead Analyst, Electrical Sector EMEA; Requisition ID: 069778
#
* Eaton, Budapest, Hungary; Internal Controls & Compliance Lead Analyst, Electrical Sector EMEA; Requisition ID: 069778

* Elbit Systems of America; Merrimack, NH; Senior Manager, Trade Compliance; Requisition ID: 2019-7120

* Epiroc; Garland, TX;
Americas Trade Compliance Manager

* Expeditors; Bedfont, United Kingdom;
Customs Brokerage Clerk 
* Expeditors; Rozenburg, the Netherlands; Import en Export control medewerker 
* Fircroft; Telford, United Kingdom; Export Controller

* FLIR; Arlington, VA; Global Trade Compliance (GTC) Program Manager; Requisition ID: REQ12249

* FLIR; Billerica, MA; Global Trace Compliance – Site Trade Compliance Operations Leader; Requisition ID: REQ11588
* FLIR; Täby, Sweden; Director, Global Export Compliance EMEA; Requisition ID: REQ12627  

* Fluke Electronics; Everett, WA;
Trade Compliance Analyst  
* Fortive; Irvine, CA; Global Trade Compliance Analyst; Requisition ID: ADV000243

* General Atomics; San Diego, CA;
Government Compliance Specialist
; Requisition ID: 23607BR
* General Atomics; San Diego, CA;
Government Regulatory Compliance Specialist
; Requisition ID: 25215BR

* General Atomics; San Diego, CA;
Import/Export Administrator
; Requisition ID: 24614BR

* Google LLC; Mountain View, CA;
Associate Export Compliance Counsel 

#
* Harris Corporation; Arlington, VA; Manager, Trade Compliance; Requisition ID:
CHQ20192008-32912

* Harris Corporation; Rochester, NY; Senior Trade Compliance Specialist (ITAR & EAR); Requisition ID: CS20192404-31068 

* Harvey John; Frankfurt am Main, Germany; Export Controls and Customs Manager; Requisition ID: JR6806
* Harvey John; Frankfurt am Main, Germany; Global Customs & Trade – Legal Counsel; Requisition ID: JR6805  

* HRL Laboratories, LLC; Malibu, CA, Trade Compliance Specialist; Requisition ID: #95

* Illumina; Great Abington, United Kingdom; Compliance Specialist; Requisition ID: 18249-JOB

* Irving; Halifax, Canada; Export Compliance Specialist; Requisition ID: 19003115

* Itron; Raleigh, NC; Sr Manager Information Security – Audit and Compliance; Requisition ID: 1901000

* ITW; Norwood, MA;
Export Compliance Officer 

* Izpal Corporation; Bangkok, Thailand; Assistant Import/Export Manager
* Johnson Controls; Milwaukee, WI;
Director, Global Trade Compliance
; Requisition ID: WD30055791295;
* Koch Chem Tech; Tulsa, OK;
Import/Export Compliance Specialist
; Requisition ID: 052017
* Lenovo; Guandong, China; AP Trade Compliance Specialist; Requisition ID: 73183

* Leonardo DRS; Melbourne, FL; 
Senior Manager, Trade Compliance
; Requisition ID:  94784

*
Leonardo DRS; Melbourne, FL;
Senior Supply Chain Analyst – Small Business Compliance
; Requisition ID: 91669

* Levi Strauss & Co.; San Francisco, CA; Trade Compliance Specialist, Process Documentation & Education
* Lexacount; Denver, CO; Trade Sanctions and Compliance Associate

* Lexacount; Washington DC; Export Controls Associate; Requisition ID: 6522

* Lockheed Martin Aeronautics; Arlington, VA;
International Licensing Analyst; Requisition ID:
493288BR
* Lockheed Martin Aeronautics; Fort Worth, TX; Global Trade Compliance Analyst; Requisition ID:
489782BR
* Lockheed Martin Aeronautics; Fort Worth, TX; International Trade Compliance Empowered Official; Requisition ID:
486710BR

* Lockheed Martin Aeronautics; Fort Worth, TX; International Trade Compliance Intern; Requisition ID:
487961BR

* Lockheed Martin Aeronautics; Fort Worth; Senior Export Control Specialist; Requisition ID:
488954BR

* Lockheed Martin Rotary and Mission Systems; Liverpool, NY, Moorestown, NJ, Owego, NY, Stratford, CT;
Intl Licensing Analyst Stf
; Requisition ID: 483502BR

* Lufthansa; Frankfurt am Main, Germany; Director Operations Compliance & Administration

* Lufthansa; Frankfurt am Main, Germany;
Manager Compliance 
* Lululemon; British Columbia, Canada; Analyst, Global Trade Compliance; Requisition ID: 030738

* Lutron Electronics Co; Lehigh Valley, PA;
Trade Compliance Coordinator
; Requisition ID: 4025;

* Medline Industries Inc.; Northfield, IL;
Customs Compliance Manager  
* Medtronic;
Columbia Hights, MN; Associate Export Controls Analyst;
Requisition ID:
19000EXL

* Medtronic; Sao Paulo, Brazil; Import/Export Coord III; Requisition ID: 19000C9M

* Meggitt; Erlanger, KY;
Trade Compliance Specialist
; Requisition ID: 39460
* Meggitt; Fareham, United Kingdom;
Trade Compliance Officer
; Requisition ID: 39513

* Miller Canfield; Troy, MI; Corporate Attorney – International Trade; brennans@millercanfield.com 
* Momentus; Santa Clara, CA; Regulatory Compliance Specialist

* Morson Group; Glasgow, UK; Export Control Officer Investigations 
#
* NASA
/JPL; Pasadena, CA; Export Compliance Advisor; Requisition ID:
10778

* NCR Corporation; Atlanta, GA; Export Compliance Analyst; Requisition ID: R0083245

* Netflix; Los Angeles, CA; Coordinator, Trade Compliance;

* Netflix; Los Angeles, CA;
Specialist, Trade Compliance 

* NIKE Inc.; Beaverton, OR;
North America Customs Compliance Manager
; Requisition ID: 00455981

* Northop Grumman; Linthicum, MD; Principal International Due Diligence Analyst; Requisition ID: 19025076

#
* Northrop Grumman, Multiple Locations; 
International Trade Compliance Manager 2; Requistion ID: 19027198

* Ormco; Amersfoort, the Netherlands; EMEA Trade Compliance Specialist

* Paraxel; Quakertown, PA; Global Trade Compliance Coordinator; Requisition ID: 53257BR

* Pinpoint Pharma; Lincolnshire, IL;
Export Compliance Specialist
; Requisition ID: 351

* PolyOne, Avon Lake, OH; Trade Compliance Analyst 

* Plexus Corp.; Neenah, WI; Trade Compliance Analyst Sr.; Jillian Schooley; Requisition ID: R001823  

* Raytheon; Andover, MA; Andover, MA; Global Trade (GT) Licensing Manager And Empowered Official; Requisition ID:
141742BR
* Raytheon; Andover, MA; Andover, MA; Global Trade (GT) Licensing Manager And Empowered Official; Requisition ID:
143920BR

* Raytheon, Cambridge, MA; Sr Global Trade Licensing Analyst; Requisition ID: 139427BR

* Raytheon; Tuscon, AZ;
Empowered Official
; Requisition ID: 141847BR

* Raytheon; Tuscon, AZ;
Export Licensing and Compliance Specialist
; Requisition ID: 143962BR

* Rockwell Automation; Mayfield Heights, OH and Milwaukee, WI;
Senior Analyst, Import/Export Compliance
; Requisition ID: 85004BR
* SABIC; Houston TX; 
Senior Analyst, Trade Compliance
;
Danielle.Cannata@sabic.com
; Requisition ID: 8411BR

* SAP; Newtown Square, PA; Export Control – Senior Specialist; Requisition ID: 226489

* Sarepta Therapeutics; Cambridge, MA;
Director, Logistics & Global Trade Compliance   
* Saudi Aramco; Dhahran, Saudi Arabia;
Paralegal
; Requisition ID: 17184BR

* Siemens; Munich, Germany; Intern Regulatory Compliance; Requisition ID: 116687

* Sierra Nevada Corporation; Arlington, VA; International Trade Compliance Analyst II; Requisition ID: R0007996


* Solvay; Brussels, Belgium; Global Trade Specialist; Requisition ID: 950  

* Solvay; Princeton, NJ and Alpharetta, GA; Customs Expert; Requisition ID: 9474

* Synopsys Inc.; Remote, U.S.;
Director, Global Trade Compliance
; Requisition ID: 20358BR

* Thales; Bordeaux, France; Trade Compliance Manager (H/F); Requisition ID: R0062904
* Thales; Brest, France; Export Control Manager (H/F); Requisition ID: R0069297

* Thermo Fisher Scientific; Franklin, MA; Sr. Trade Compliance Analyst; Requisition ID: 90074BR

* Thermo Fisher Scientific; Pittsburgh, PA;
Global Trade Compliance Specialist II
; Requisition ID: 99248BR

* Thomas Jones Consulting; Washington, DC;
Jr. International Trade, Export Controls & Economic Sanctions Associate  
* Tiffany & Co; Parsippany, NJ; Director, Trade & Logistics – Americas

* Torres Law, PLLC; Dallas, TX; 
Import/Export Consultant-Legal

info@torrestradelaw.com 
*
University of California; San Francisco, CA;
Export Control Officer
; Requisition ID: 51010;

* University of Pittsburgh; Pittsburgh, PA; Biological Import Specialist; Requisition ID: 19004979

#
* Varian Medical Systems; Austin, TX; Global Trade Analyst; Requisition ID: 16361BR

* Velocity Electronics; Singapore; Trade Compliance Specialist

* Viasat; Carlsbad, CA;
Global Trade Analyst
; Requisition ID: 2824

* Vodafone; Bucharest, Romania;
Legal Sanctions and Trade Analyst
; Requisition ID: 258811

* Walmart; Bentonville, AR; Analyst II, Specialty Compliance and Ethics, Export; Requisition ID: R-38186

* Walmart; Bentonville, AR; Temporary Analyst, Global Sanctions;
Requisition ID:
R-73883

* Walt Disney; Kissimmee, FL;
Trade Compliance Analyst (Project Hire)
; Requisition ID: 654599BR
* Wealth Ocean; Newport Beach, CA;
Marketing & International Trade Specialist    
#
* Westinghouse Electric Co.; Cranberry Twp., PA; Director, Global Trade Compliance

* World Wide Technology; Edwardsville, IL; International Trace Compliance Specialist; Requisition ID: 19-0772

* World Wide Technology; Edwardsville, IL;
International Trade Compliance Supervisor
; Requisition ID: 19-0795
* XPO Logistics; Greenwich, CT;
Compliance Paralegal  
* Yaskawa; Eschborn, Germany; Zoll & Export Control Specialist EMEA 

  
 
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TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a118.
ECS Presents “ITAR/EAR Boot Camp: Achieving Compliance” on 8-9 Oct in Savannah, GA
(Source: ECS)
 
* What:  ECS ITAR/EAR Boot Camp:  Achieving Compliance
* When:  October 8-9, 2019
* Sponsor:  Export Compliance Solutions & Consulting (ECS)
* ECS Instructors:  Suzanne Palmer, Mal Zerden
* Register

 here
 or by calling 866-238-4018 or email 
spalmer@exportcompliancesolutions.com
.

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

TE_a219. FCC Presents “U.S. Export Controls: The ITAR from a non-U.S. Perspective”, 26 Nov in Bruchem, the Netherlands

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

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

ENEDITOR’S NOTES

Tuesday, 4 September:
* Henry George (2 Sep 1839 – 29 Oct 1897; was an American political economist and journalist. His writing was immensely popular in the 19th century, and sparked several reform movements of the Progressive Era. His most famous work,
Progress and Poverty (1879), sold millions of copies worldwide, probably more than any other American book before that time.)
  – “Man is the only animal whose desires increase as they are fed; the only animal that is never satisfied.”
 
* Ferdinand Porsche (3 Sep 1875 – 30 Jan 1951; was an German automotive engineer and founder of the Porsche car company. He is best known for creating the first gasoline-electric hybrid vehicle (Lohner-Porsche), the Volkswagen Beetle, the Mercedes-Benz SS/SSK, several other important developments and the Porsche automobiles.)
  – “If one does not fail at times, then one has not challenged himself.”
 
Monday was pun day (but we didn’t publish yesterday, so here are your puns):
*
I was addicted to the hokey pokey… but thankfully, I turned myself around.
* I would tell you a chemistry pun, but I know I wouldn’t get a reaction.
* I have a few puns about unemployed people but none of them work.

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

21. New Edition of the BITAR is Available
(Source: Editor)
 

A new edition of
Bartlett’s Annotated International Traffic in Arms Regulations (“The BITAR”) dated Aug. 20, 2019, containing today’s amendment to ITAR 121.1 Category XI, is available for download by BITAR subscribers. Today’s revised edition also added footnotes to 123.9(c) and 126.3 (concerning diplomatic notes), and a footnote to 120.32 (adding Brazil as a Major Non-NATO Ally).

 
The BITAR is a reproductions of the official CFR sources of the U.S. International Traffic in Arms Regulations (22 CFR 120-130) but is annotated with hundreds of footnotes indicating errors in the official regulations, dates of amendments to the regulations, cases commenting on the specific sections of the regulations, and helpful tips and techniques for practitioners. The BITAR also contains a large Index not available in the official regulations and appendixes, agency guidance, and reprints of Federal Register amendments of the regulations. 
 
Both the BITAR is provided to subscribers as Word document which can be used as digital copies on computers or printed as paper copies. For subscribers who plan to print a hard copy, this edition prints out 373 double-sided pages on 8 ½ by 11 paper (186 sheets). 
 

Subscription discounts are available for government and university employees, and discounted site licenses are available for large numbers of subscribers at individual companies. BITAR subscribers receive a discount when also subscribing to the Bartlett’s Annotated Foreign Trade Regulations (“The BAFTR”). Subscribe to the BITAR and BAFTR on the Full Circle Compliance website at www.FullCircleCompliance.eu. 

 
(Author’s note: If you are a current subscriber, but have trouble downloading your new version, please email me at JEBartlett@JEBartlett.com for assistance.)

EN_a322
. 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: 21 August 2019: 84 FR 43493-43501: Addition of Certain Entities to the Entity List and Revision of Entries on the Entity List and 84 FR 43487-43493: Temporary General License: Extension of Validity, Clarifications to Authorized Transactions, and Changes to Certification Statement Requirements 

 

* 
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: 30 Aug 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 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: 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.] 
 

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: 13 Aug 2019: 
Harmonized System Update (HSU) 1914 
  – HTS codes for AES are available 
here.
  – HTS codes that are not valid for AES are available 
here.

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EN_a0322
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

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EPEDITORIAL POLICY

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., compiled by: Editor, James E. Bartlett III; and Assistant Editor, Alexander Witt. The Ex/Im Daily Update is emailed every business day to approximately 7,500 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

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