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19-1015 Tuesday “Daily Bugle”

19-1015 Tuesday “Daily Bugle”

Tuesday, 15 October 2019

TOP
The Daily Bugle is a free daily newsletter from Full Circle Compliance, containing changes to export/import regulations (ATF, DOE/NRC, Customs, NISPOM, EAR, FACR/OFAC, FAR/DFARS, FTR/AES, HTSUS, and ITAR), plus news and events. Subscribe here. Contact us for advertising 

inquiries and rates
.

(No items of interest noted today.)
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.) 
  3. DoD/DSCA Publishes DSCA Policy Memo 19-45 
  4. State/DDTC: (No new postings.)
  5. President Issues Executive Order Concerning Syria and Turkey Sanctions
  6. EU Adopts Sanctions Regime Concerning Nicaragua
  7. EU Amends Sanctions Concerning ISIL (Da’esh) and AlQaeda
  8. UK OFSI Publishes Annual Review 2018 to 2019
  1. FT: “UK Reviews All Arms Export Licences to Turkey”
  2. HSN: “The Impact of Sanctions on the Maritime World”
  3. ST&R Trade Report: “China Tariff Increase on Hold as Limited Trade Agreement Announced”
  4. USNI News: “Raytheon, United Technologies to Merge”
  1. B. Kersch: “Incoterms 2020 – The Reality”
  2. M. Henson: “CDI, CUI & Export Controlled Information (ECI)”
  3. T. Townsend: “Client Alert: Syria Sanctions and General Licenses”
  1. Ken Oukrop Moves from DTSA to Alpha Omega Consulting Group
  1. ECTI Presents Conflicts Between EU and US Export Rules Webinar: October 31, 2019
  2. FCC Presents “The ABC of FMS”, 28 Nov in Bruchem, the Netherlands
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: DHS/Customs (5 Apr 2019), DOC/EAR (9 Oct 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 (30 Aug 2019), DOT/FACR/OFAC (9 Sep 2019), HTSUS (3 Sep 2019)

EXIMITEMS FROM TODAY’S FEDERAL REGISTER


(No items of interest noted today.)

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OGSOTHER GOVERNMENT SOURCES

OGS_a11. Items Scheduled for Publication in Future Federal Register Editions

(Source: Federal Register)
 
(No items of interest noted today.)

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OGS_a22
.
Commerce/BIS: (No new postings.) 

(Source:
Commerce/BIS)

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OGS_a33
.
DoD/DSCA Publishes DSCA Policy Memo 19-45

(Source: DoD/DSCA, 15 Oct 2019.)
 
 
Effective immediately, the program codes listed in the memo are assigned to track funds executed in FY 2020 under the authority provide in Section 333 of Title 10, United States Code. Funds are provided under Division A of the Continuing Appropriations, 2020 and Health Extenders Act of 2019 (P.L. 116-59) and will remain available until November 21, 2019.
 

 

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OGS_a44. State
/DDTC: (No new postings.)
 

(Source: State/DDTC)

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In addition, OFAC has issued Syria-related General License 1, “Official Business of the United States Government,” General License 2, “Authorizing Certain Activities Necessary to the Wind Down of Operations or Existing Contracts Involving the Ministry of National Defence or the Ministry of Energy and Natural Resources of the Government of Turkey,” and General License 3, “Authorizing Official Activities of Certain International Organizations Involving the Ministry of National Defence or the Ministry of Energy and Natural Resources of the Government of Turkey.” Finally, OFAC has added the following names to its list of Specially Designated Nationals and Blocked Persons.

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OGS_a66.
EU Adopts Sanctions Regime Concerning Nicaragua
(Source:
Official Journal of the European Union
, 15 Oct 2019.)

 
The EU is prepared to impose targeted restrictive measures against persons and entities responsible for serious human rights violations or abuses or for the repression of civil society and democratic opposition in Nicaragua, as well as persons and entities whose actions, policies or activities otherwise undermine democracy and the rule of law in Nicaragua, and persons associated with them.
 
The persons and entities subject to the restrictive measures have not been identified yet.
 
Regulations
* Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua
 
Decisions
* Council Decision (CFSP) 2019/1720 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua

 
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OGS_a77.
EU Amends Sanctions Concerning ISIL (Da’esh) and AlQaeda
(Source: Official Journal of the European Union, 15 Oct 2019.)
 
Regulations
* Council Implementing Regulation (EU) 2019/1717 of 14 October 2019 implementing Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them
 
Decisions
* Council Decision (CFSP) 2019/1721 of 14 October 2019 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them

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OGS_a88
.
UK OFSI Publishes Annual Review 2018 to 2019
(Source: UK OFSI, 10 Oct 2019.)
 
The UK Office of Financial Sanctions Implementation (OFSI) has published the following document on its website:
 

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NWSNEWS

NWS_a19.
FT: “UK Reviews All Arms Export Licences to Turkey”
(Source: Financial Times, 14 Oct 2019.) [Excerpts.]
 
The UK government is to review all arms export licences to Turkey as a result of concern over its military operation against Kurdish forces in Syria.
 
The move has not yet been formally announced, but the Financial Times understands that British ministers have ordered a full review into sales of Turkish arms that could be used in the operation in Syria and are suspending awards of new licences pending the outcome. Officials were not able to say when the review was likely to conclude, but the investigation began shortly after Turkey’s first incursion into north-eastern Syria last week.
 
France, Germany and Finland have already announced curbs on arms sales to Turkey and EU foreign ministers meeting in Luxembourg on Monday urged member states to consider imposing similar restrictions as concern over the assault intensified. However, the bloc has limited leverage since it is reluctant to jeopardise Ankara’s co-operation on counter-terrorism and anti-migration operations. The ministers agreed to “commit to strong national positions”, and added that Turkey’s military action was “resulting in more civilians suffering and further displacement and severely hindering access to humanitarian assistance”. …

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NWS_a2
10.
HSN: “The Impact of Sanctions on the Maritime World”
(Source: Hellenic Shipping News, 14 Oct 2019.) [Excerpts.]
 
In the past two years, the use of international economic sanctions has returned to the forefront of international relations and global geopolitical landscape. Driving this trend has been the United States’ (US) return to an aggressive foreign policy during the Presidency of Donald Trump. This has involved the re-imposition of sanctions previously lifted in countries such as Iran, Myanmar and Cambodia, and targeting new sanctions at countries deemed hostile to the Trump Administration.
The United Nations (UN) and European Union (EU) have also continued with their own sanctions programmes.
 
Effect on shipowners / marine insurers
 
The renewed vigour in the use of sanctions has created additional pressures and burdens on both shipowners and marine insurers.
Shipowners have needed to take steps to keep up-to-date on the changing sanctions landscape and carry out enhanced commercial due diligence to ensure that no commercial activity being undertaken involves a designated sanctioned entity or otherwise breaches sanctions.
Similarly, marine insurance providers must be vigilant to international sanctions in relation to their clients’ activities.
This article focuses on how current trends particularly affect the Asian market. …

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NWS_a3
11.
ST&R Trade Report: “China Tariff Increase on Hold as Limited Trade Agreement Announced”

 
Tariffs on $250 billion worth of imports from China will not be increased to 30 percent on Oct. 15 after the U.S. and China announced an agreement in principle on the first phase of a broad trade agreement. However, the agreement has no other effect on the additional tariffs the U.S. has in place on nearly $400 billion worth of Chinese goods, which currently range from 15 percent to 25 percent.
 
(Click here to listen to ST&R’s “Two Minutes in Trade” podcast about this development. Click here for ST&R’s comprehensive overview of the Section 301 tariffs on Chinese goods.)
 
According to President Trump, a major component of the agreement is that China has agreed to increase its purchases of U.S. agricultural products to $40-50 billion annually within two years. The president and other senior administration officials said the agreement also includes provisions on intellectual property, expanded market access for financial services, revised sanitary and phytosanitary measures, technology transfer, and transparency in foreign exchange markets, although the specifics of those provisions are not yet known. U.S. Trade Representative Robert Lighthizer added that the U.S. has “made some corrections on our side” as well but gave no further details.
 
Other issues have yet to be fully worked out, including how the agreement will be enforced. The two sides have agreed to “a very elaborate consultation process” under which issues can be escalated through a defined structure of assigned officials, Lighthizer said, but still have to determine “what will happen if there’s not a resolution” to a specific problem.
 
Trump said he expects the process of getting the agreement down on paper to take three to five weeks and that it could be signed at an Asia-Pacific Economic Cooperation forum summit in Chile in Nov. 16-17. The president acknowledged to reporters that the deal could fall apart during this time but expressed optimism that the two sides will finalize and sign it. Lighthizer suggested that doing so will play a role in the president’s decision on whether to impose 25 percent additional tariffs on List 4B goods from China on Dec. 15 as scheduled.
 
Trump added that negotiations on phase two of the agreement will begin “almost immediately after we’ve concluded phase one.” He indicated that additional technology transfer and intellectual property issues will be part of phase two but gave no further details. He also noted that there could be a phase three if necessary.
 
In addition, other bilateral trade issues are still under consideration and could be tied to this agreement. These include restrictions on exports to Huawei and other Chinese companies on the so-called Entity List as well as the Treasury Department’s designation of China as a currency manipulator.

 

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NWS_a4
12. 
USNI News: “Raytheon, United Technologies to Merge”
(Source: 

USNI News
, 11 Oct 2019.)
 
At a pair of special meetings on Friday morning, shareholders approved the United Technologies’ purchase of Raytheon, paving the way for creating a defense industry behemoth.  The all-stock deal still needs approval from federal regulators before an expected closing during the first half of 2020, the companies announced in a joint release.
 
“I am pleased that the shareowners of Raytheon and UTC voted in favor of our powerful strategic combination,” Tom Kennedy, chief executive of Raytheon, said in a statement using the ticker symbol for United Technologies. “Today’s vote reflects a significant step on our path to unite two world-class companies with complementary technologies and supports our view that this merger of equals will create additional growth opportunities while delivering benefits to our shareowners, customers and employees.”
The new firm, to be named Raytheon Technologies, will be a defense and aerospace giant with estimated annual sales of $74 billion. In the U.S., among the defense and aerospace industry, only Boeing reports more annual sales.
 
“Today is an important milestone in our transformational merger, which will define the future of aerospace and defense. With our technological and R&D capabilities, Raytheon Technologies will deliver innovative and cost-effective solutions aligned with the highest customer priorities for decades to come,” Greg Hayes, chief executive of United Technologies, said in a statement. After the deal closes, Hayes will be chief executive of the newly combined firm.

 

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COMMCOMMENTARY

COM_a113.
B. Kersch: “Incoterms 2020 – The Reality”
(Source: Lexology, 8 Oct 2019.) 
 
* Author: Bonnie Kersch, Senior Trade Advisor, Braumiller Law Group, Bonnie@BraumillerConsulting.com.
 
In June of 2019, I wrote an article about what changes we could expect to see when Incoterms 2020 would be released. I was wrong. Everyone was wrong. Instead of sweeping changes to Incoterms that we’ve seen in past releases, the changes made to this decade’s version are relatively minor. The main difference, as you’ll see, comes in the organization of the way the terms are delivered.
 
Let’s dig in.
 
First, an update was made to the FCA rule regarding bills of lading. Incoterms 2020, for the first time, makes a provision for the tender of an on-board bill of lading by the seller. Under FCAterms, the seller loads the buyer’s carrier. This created a problem where the bill of lading belonged to the buyer, but the seller needed to submit it to the bank issuing a letter of credit in order to get paid. Now, under Incoterms 2020, the buyer can instruct the carrier to issue a transport document to the seller that they can submit to the bank issuing the letter of credit and can then receive payment. Since a letter of credit is usually used in a transaction where there isn’t an established relationship between buyer and seller, this may not fix all the issues. If the buyer isn’t willing to instruct his carrier to issue the necessary document, the seller will still be without a document to present to the banks. Hopefully this change will remedy some of the issues involved.
 
Second, the levels of insurance required by CIF and CIP incoterms have changed. As a reminder, these are the only two Incoterms that require any level of insurance at all.
 
Under both Incoterms rules, the insurance must:
  1. Be with “underwriters or an insurance company of good repute”
  2. Cover the goods from the point of delivery to at least the point of destination
  3. Be for at least 110% of the contract price
  4. Entitle the buyer to claim directly from the insurer.
Under CIF Incoterms, the seller is required to obtain insurance only on minimum cover complying with Institute Cargo Clauses C or similar clause, that is “named risks” cover, where only risks expressly listed in the policy are covered. If the buyer wants more insurance protection than what Clause C requires, he/she should agree on this with the seller or arrange for their own separate insurance policy.
 
Under CIP incoterms, the seller is required to obtain an “all risks” policy where cover is assumed unless excluded by the policy, that is, the cover provided by Clause A of the Institute Cargo Clauses.
 
Third, DAT has been renamed to DPU. The old Delivered at Terminal (DAT) incoterm was very misnamed in that it intended that goods be delivered at a terminal, but really that could be any place like a quay, container yard, warehouse, transport hub, etc. This misnomer resulted in a change in name in Incoterms 2020 to Delivered at Place Unloaded (DPU). The only difference between the DPU rule and the DAP rule is that delivery under DPU only occurs once the goods are unloaded, by the seller, at the named place of destination. DPU is now the only incoterm that requires unloading by the seller at the buyer’s destination. This means that if damage to the goods were to happen during the unloading process, the risk lies with the seller. The cost of the unloading operation is also the seller’s responsibility. If the seller is unable, for whatever reason, to unload the goods at the buyer’s destination, the seller should consider whether DAP is a more appropriate rule to use.
 
Fourth, Incoterms 2020 has provided us with some updates to security-related obligations. For example, when the buyer is responsible for arranging carriage, the seller still has the responsibility to provide the buyer with information including transport-related security requirements. When the seller is performing any portion of the carriage, he is responsible for complying with any transport-related security requirements up to delivery or to the destination, depending on the incoterm selected. Both parties are responsible for helping the other with security clearances related to import and export procedures.
 
Finally, the last change to Incoterms 2020 concerns the organization of the responsibilities of the parties for each term. The responsibilities have been divided into 10 main categories, and within each of these categories, the A term defines the seller’s obligations, and the B term defines the buyer’s obligations. The ten categories are as follows:
 
  (1) A1/B1: General obligations 
  (2) A2/B2: Delivery/Taking delivery 
  (3) A3/B3: Transfer of risks 
  (4) A4/B4: Carriage 
  (5) A5/B5: Insurance 
  (6) A6/B6: Delivery/transport document 
  (7) A7/B7: Export/import clearance 
  (8) A8/B8: Checking/packaging/marking 
  (9) A9/B9: Allocation of costs 
  (10) A10/B10: Notices
 
While this seems to be a very efficient way to organize all the responsibilities involved with Incoterms, some of them are the same for every rule, so it seems redundant.
 
As a reminder, Incoterms 2020 do not officially go into effect until January 2020. Your company can switch over to the new version of Incoterms at any time after that date, but there is no rush to do so on January 1st. You do want to make sure that you specify which version of Incoterms you’re using. For example, your documents may read “FCA Baton Rouge, LA Incoterms 2020.”

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COM_a214.
M. Henson: “CDI, CUI & Export Controlled Information (ECI)”
(Source: LinkedIn, 14 Oct 2019.) [Excerpts.]
 
This is an open article to industry. The purpose of this article is to crowd source an answer on when Export Controlled Information (ECI) is also Controlled Unclassified Information (CUI). Here’s the question. If EAR99 ECI is used in/with an item under a contract invoking DFARS 252.204-7012, is it CUI?
 
Recently, I was having a discussion with a top-notch Global Trade Compliance (GTC) professional. We were discussing the applicability of the CUI definition to ECI (e.g. information subject to the ITAR and EAR). There are lot of changes afoot that will impact DFARS 252.204-7012 (“DFARS 7012′) and NIST 800-171, so we reviewed the regulations.
 
First, let’s start with my going in understanding, which I developed through early review of the DFARS and conversations with top legal/regulatory SMEs. Going in, my understanding was that ITAR and EAR only fall within the scope of the CUI when developed under a contract citing DFARS 7012. Under this thinking, legacy ECI, whether subject to the ITAR or EAR, would only become subject to the DFARS if/when it was modified for use with the contract. New ECI developed for the contract would be CUI. Unmodified legacy ECI would not be CUI. The discussion, and our review of the regulations, has me rethinking these positions. …

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COM_a315.
T. Townsend: “Client Alert: Syria Sanctions and General Licenses”
(Source: LinkedIn, 15 Oct 2019.) [Excerpts.]
 
* Author: Tahlia Townsend, Esq., Wiggin and Dana LLP, ttownsend@wiggin.com.
 
On October 14, 2019, the Trump Administration issued an Executive Order imposing sanctions in connection with Turkey’s military offensive in Syria.
 
Among other actions, the Order imposes blocking sanctions on the Turkish Ministry of National Defense and the Minister of Defense Hulusi Akar, the Turkish Ministry of Energy and Natural Resources, and the Turkish Minister of Energy Fatih Dönmez, and the Turkish Minister of the Interior, Süleyman Soylu.
 
However, the government also issued three general licenses, one of which creates a 30-day wind-down period for existing activities with the designated ministries, and two of which authorize official activity of the United States government (and its employees and contractors) and the United Nations (and its programs and agencies). …

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TEEX/IM MOVERS & SHAKERS

MS_a1

16.
Ken Oukrop Moves from DTSA to Alpha Omega Consulting Group

(Source: Christine McGinn, christine.mcginn@alphaocg.com)  
 
Kenneth Oukrop, former Director, Licensing Directorate, Defense Technology Security Administration (DTSA), has joined Alpha Omega Consulting Group LLC, https://alphaocg.com/, as the Senior Technology Security Partner.  
 
Contact Ken at 
Kenneth.oukrop@alphaocg.com or 
1-
602-699-4455.

 


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TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a1

17.
ECTI Presents Conflicts Between EU and US Export Rules Webinar: October 31, 2019  
(Source:
Danielle Hatch)

 
* What: Conflicts Between EU and US Export Rules
* When: October 31, 2019; 9:00 a.m. (EDT)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker: Stephan M
üller
* Register
here
or Danielle Hatch, 540-433-3977.

 


back to top 

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TE_a218. 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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ENEDITOR’S NOTES

 
* Friedrich Nietzsche
(Friedrich Wilhelm Nietzsche; 15 Oct 1844 – 25 Aug 1900; was a German philosopher, cultural critic, composer, poet, philologist, and Latin and Greek scholar whose work has exerted a profound influence on modern intellectual history.)
 – “All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth.”
  – “You have your way. I have my way. As for the right way, the correct way, and the only way, it does not exist.”

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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.
 


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: 9 October 2019: 
84 FR 54002-54009: Addition of Certain Entities to the Entity List and Revision of Entries on the Entity 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: 30 Aug 2019: 84 FR 45652-45654, Adjustment of Controls for Lower Performing Radar and Continued Temporary Modification of Category XI of the United States Munitions List.  


  – The only available fully updated copy (latest edition: 30 August 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: 9 Sep 2019: 84 FR 47121-47123 – Cuban Assets Control Regulations
  

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: 4 Sep 2019: Harmonized System Update (HSU) 1915   
  – HTS codes for AES are available here.
  – HTS codes that are not valid for AES are available 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.

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* 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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