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19-1119 Tuesday “Daily Bugle'”

19-1119 Tuesday “Daily Bugle”

Tuesday, 19 November
2019

  1. State Updates List of Entities and Subentities Associated with Cuba (Cuba Restricted List)
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS Extends Huawei Temporary General License
  3. State/DDTC: (No new postings.)
  4. President Continues National Emergency with Respect to Burundi
  5. Singapore Customs Publishes Circular No. 19/2019: Claiming of Preferential Tariff Treatment for Imports from the European Union to Singapore under EUSFTA
  1. Bloomberg: “U.S. Warns Egypt of Sanctions Over Russian Warplane Purchase”
  2. Deutsche Welle: “Could US Sanctions Against Nord Stream 2 Sway the Germans?”
  3. Reuters: “Russian Military Exports Unaffected by Sanctions – Rostec CEO”
  4. ST&R Trade Report: “Export Violations Yield Penalty, Suspension of Export Privileges”
  1. American Shipper: “Cargo Screening VS. Inspection”
  2. R.C. Thomsen II, A.D. Paytas & M.M. Shomali: “Extension of Huawei Temporary General License”
  3. Torres Law: “Department of State Proposes Amending ITAR Definitions, Creating Encryption Carve-Out”
  1. ECS Presents “Mastering ITAR/EAR Challenges Seminar” on 21-22 Apr in New Orleans, LA
  1. Bartlett’s Unfamiliar Quotations
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: DHS/Customs (5 Apr 2019), DOC/EAR (13 Nov 2019), DOC/FTR (24 Apr 2018), DOD/NISPOM (18 May 2016), DOE/AFAEC (23 Feb 2015), DOE/EINEM (20 Nov 2018), DOJ/ATF (14 Mar 2019), DOS/ITAR (30 Aug 2019), DOT/FACR/OFAC (9 Sep 2019), HTSUS (3 Sep 2019) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a11
. State Updates List of Entities and Subentities Associated with Cuba (Cuba Restricted List)
(Source: Federal Register, 19 Nov 2019.) [Excerpts.]
 
84 FR 63953-63955: Updating the State Department’s List of Entities and Subentities Associated with Cuba (Cuba Restricted List)
 
* ACTION: Updated publication of list of entities and subentities;
notice.
* SUMMARY: The Department of State is publishing an update to its List of Restricted Entities and Subentities Associated with Cuba (Cuba Restricted List) with which direct financial transactions are generally prohibited under the Cuban Assets Control Regulations (CACR). This Cuba Restricted List is also considered during review of license applications submitted to the Department of Commerce’s Bureau of Industry and Security (BIS) pursuant to the Export Administration Regulations (EAR).
* DATES: This list of entities and subentities is effective on November 19, 2019.
* FOR FURTHER INFORMATION CONTACT: Taylor Ruggles, Office of Economic Sanctions Policy and Implementation, tel.: 202-647-7677; Robert Haas, Office of the Coordinator for Cuban Affairs, tel.:202-453-8456, Department of State, Washington, DC 20520.
* SUPPLEMENTARY INFORMATION:
Background …
 
This update includes five additional subentities. This is the fifth update to the Cuba Restricted List since it was published November 9, 2017 (82 FR 52089). Previous updates were published November 15, 2018 (see 83 FR 57523), March 9, 2019 (see 84 FR 8939), April 24, 2019 (see 84 FR 17228), and July 26, 2019 (see 84 FR 36154). The State Department
will continue to update the Cuba Restricted List periodically. …
 
List of Restricted Entities and Subentities Associated With Cuba as of November 15
 
Below is the U.S. Department of State’s list of entities and subentities under the control of, or acting for or on behalf of, the Cuban military, intelligence, or security services or personnel with which direct financial transactions would disproportionately benefit such services or personnel at the expense of the Cuban people or private enterprise in Cuba. For information regarding the prohibition on direct financial transactions with these entities, please see 31 CFR
 
515.209. All entities and subentities were listed effective November 9, 2017, unless otherwise indicated.
   * * * Entities or subentities owned or controlled by another entity or subentity on this list are not treated as restricted unless also
specified by name on the list.* * *
 
….

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

OGSOTHER GOVERNMENT SOURCES

OGS_a12
. Items Scheduled
for Publication in Future Federal Register Editions

(Source: Federal Register)
 

* President; ADMINISTRATIVE ORDERS; Burundi; Continuation of National Emergency (Notice of November 19, 2019) [Pub. Date: 20 Nov 2019.]
 
* Commerce/BIS; RULES; Temporary General Licenses: Extension of Validity [Pub. Date: 20 Nov 2019.]
 
* USTR; NOTICES; Results of the 2019 Annual Generalized System of Preferences Review [Pub. Date: 20 Nov 2019.]


back to top
 

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OGS_a23
.
Commerce/BIS Extends Huawei Temporary General License
(Source:
Commerce/BIS
, 18 Nov 2019.)
 
Today, the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce announced that it will extend for 90 days the Temporary General License (TGL) authorizing specific, limited engagements in transactions involving the export, reexport, and transfer of items – under the Export Administration Regulations (EAR) – to Huawei and its non-U.S. affiliates which are subject to the Entity List.
 
“The Temporary General License extension will allow carriers to continue to service customers in some of the most remote areas of the United States who would otherwise be left in the dark,” said Secretary of Commerce Wilbur Ross. “The Department will continue to rigorously monitor sensitive technology exports to ensure that our innovations are not harnessed by those who would threaten our national security.”
 
Outside of the scope of the TGL, any exports, reexports, or in-country transfers of items subject to the EAR will continue to require a license, if granted, after a review by BIS under a presumption of denial.
 
Huawei was added to the Entity List after the Department concluded that the company is engaged in activities that are contrary to U.S. national security or foreign policy interests, including alleged violations of the International Emergency Economic Powers Act (IEEPA), conspiracy to violate IEEPA by providing prohibited financial services to Iran, and obstruction of justice in connection with the investigation of those alleged violations of U.S. sanctions, among other illicit activities.
 
The Bureau of Industry and Security’s mission is to advance U.S. national security and foreign policy objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership. BIS is committed to preventing U.S.-origin items from supporting Weapons of Mass Destruction projects, terrorism, or destabilizing military modernization programs. For more information, please visit
www.bis.doc.gov

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

OGS_a34
State/DDTC: (No new postings.)
(Source:
State/DDTC)

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

OGS_a45
President Continues National Emergency with Respect to Burundi
(Source: White House, 19 Nov 2019.)
 
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days before the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date.  In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency with respect to the situation in Burundi declared in Executive Order 13712 of November 22, 2015, is to continue in effect beyond November 22, 2019.
 
The situation in Burundi, which has been marked by killing and other violence against civilians, unrest, the incitement of violence, and significant political repression, and which threatens the peace, security, and stability of Burundi and the region, continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.  Therefore, I have determined that it is necessary to continue the national emergency declared in Executive Order 13712 with respect to the situation in Burundi.

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

OGS_a56
Singapore Customs Publishes Circular No. 19/2019: Claiming of Preferential Tariff Treatment for Imports from the European Union to Singapore under EUSFTA
(Source: Singapore Customs, 18 Nov 2019.)
 
Singapore Customs has released the following document(s) on its website:

Circulars
* Circular No. 19/2019: Claiming of Preferential Tariff Treatment for Imports from the European Union to Singapore under the European Union-Singapore Free Trade Agreement (EUSFTA) Tags: Rules of Origin/ Free Trade Agreement (FTA), Import Procedures.

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

COMNEWS

NWS_a17. Bloomberg: “U.S. Warns Egypt of Sanctions Over Russian Warplane Purchase”
 
 
 
 
 
 

(Source: Bloomberg, 15 Nov 2019.) [Excerpts.]
 
The U.S. sent a letter to Egypt’s government warning of possible sanctions over Cairo’s decision to move forward with plans to buy Russian jets, according to an official familiar with the decision.
 
According to the person, the letter said that any major new arms deal with Russia would “complicate” future U.S. defense transactions with and security assistance to Egypt.
 
The letter, sent by Secretary of State Michael Pompeo and Defense Secretary Mark Esper, is an unusual rebuke of a close Middle Eastern ally. The Trump administration has worked to build close ties with Egyptian President Abdel-Fattah El-Sisi.
 
The U.S. has long been a major provider of weaponry to Egypt but Russia has been aggressively expanding its influence in the Middle East, sending forces to bolster Syrian President Bashar al-Assad in his nation’s civil war, securing access to an Iranian air base and building ties with NATO member Turkey. …

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

NWS_a28.
Deutsche Welle: “Could US Sanctions Against Nord Stream 2 Sway the Germans?”

(Source:
Deutsche Welle
, 15 Nov 2019.)
 
The US has been trying hard to convince the German government that the Nord Stream 2 pipeline project to deliver gas from Russia to the EU must be halted. Roman Goncharenko from DW’s Russia Desk say this is unlikely.
 
Watch the interview
here
.

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

NWS_a39.
Reuters: “Russian Military Exports Unaffected by Sanctions – Rostec CEO”

(Source:
Reuters
, 18 Nov 2019.) [Excerpts.]
 
Russia’s military export sales have not fallen despite U.S. sanctions, the head of state conglomerate Rostec said on Monday.
 
Rostec, whose business includes weapons manufacturer Kalashnikov as well as Russian Helicopters and United Aircraft Corporation (UAC), is among Russian firms that have been affected by sanctions imposed on the country over the annexation of Crimea from Ukraine and other factors.
 
Rosoboronexport, the state agency for exports and imports recorded military sales of $13.7 billion in 2018, slightly higher than the previous year, Rostec head Sergey Chemezov told reporters at the Dubai Airshow. …
 
Chemezov said Russia would also continue its military cooperation with Saudi Arabia and the United Arab Emirates with several projects underway despite some western countries shunning the two Gulf states because of their role in the Yemen war.
 
Some countries such as Germany, Norway and others have restricted sale of arms to countries engaged in the Yemen war. …

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NWS_a410.
ST&R Trade Report: “Export Violations Yield Penalty, Suspension of Export Privileges”

(Source:
Sandler, Travis & Rosenberg Trade Report
, 18 Nov 2019.)
 
The Bureau of Industry and Security has imposed a $136,000 civil penalty against a U.S. company to settle charges that it exported electric cattle prods, which are controlled on crime control grounds, to Venezuela, Mexico, South Africa, and the Czech Republic without the required export licenses. BIS states that while the company had previously applied for and received a number of export licenses for such items, including to some of the destinations and end-users at issue, it failed to do so on each required occasion and also failed to properly monitor the expiration dates of the licenses it was granted.
 
BIS will suspend $86,000 of the penalty for four years provided that the company commits no further export violations during this time. If the company fails to timely pay the other $50,000 or otherwise comply with the settlement agreement, BIS may deny its export privileges for two years.
 
Separately, BIS has issued orders suspending the export privileges of individuals and companies convicted of the following crimes. As a result, neither these individuals nor anyone acting on their behalf may directly or indirectly participate in any way in any transaction involving any commodity, software, or technology exported or to be exported from the U.S. that is subject to the Export Administration Regulations. BIS is also revoking all export licenses in which these individuals had an interest at the time of their convictions.
 
– ten-year suspension for willfully conspiring to export and causing to be exported gas turbine parts to Germany with knowledge that the parts were intended specifically for reexportation to Iran without the required U.S. government authorization (individual previously sentenced to a $5,000 fine and a $100 assessment)
 
– six-year suspensions as part of separate agreements settling charges that two companies and two individuals participated in a conspiracy to unlawfully export goods through transshipment points to Syria without the required U.S. government license (final two years of denial period for the individuals suspended provided they commit no further export violations)

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COMCOMMENTARY

COM_a111.
American Shipper: “Cargo Screening VS. Inspection”
(Source:
American Shipper
, 17 Nov 2019.) [Excerpts.]
 
In transportation analysis, it may be said that passengers are cargo that complain. For the most part, regulations can push passengers only so far before they reach a breaking point. Post-9/11 passenger regulations, as administered by the Transportation Security Administration (TSA), have meant that our laptops and other large electronic devices are pulled out of their carry-on bags and X-rayed separately. This was implemented on 9/13 when U.S. airspace was reopened for civilian flights. It is hard to tell if this requirement was, and still is, intended to “look” like something is being done or that isolating laptops in the X-ray process is truly more effective. At any rate, passengers have come to accept this step.
 
They have also come to accept taking off their shoes for separate X-raying. This, of course, was in direct response to the “shoe bomber” who tried to detonate explosives hidden in his shoes while on a flight from Paris to Miami on Dec. 22, 2001. Travelers are no doubt relieved that a similar regulation did not follow the “underwear bomber,” who tried to detonate his bomb while on a flight from Amsterdam to Detroit on Dec. 25, 2009. At any rate, the TSA screens all passengers, starting with ID checks. Beyond screening, physical inspection of a passenger may be random or may result when the body scanner sends a signal to the TSA agent. In both cases, a pat-down or a sweep of the metal and/or chemical detector wand usually clears up the matter.
 
In cargo transportation, there is also a distinction between screening and inspection. All U.S. imports are screened before entry. Depending on the type of cargo and the mode of transport, the screening could start at the U.S. port of entry or as far away as the foreign port of exit. Just as with passengers, the screening process is a nonintrusive gathering of information in order for a government official to make a decision. Apart from granting or denying U.S. entry, physical inspection is the next step when the screening process warrants it. So, 100% of U.S. imports are screened but nowhere near 100% are physically inspected. …

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

COM_a212
.
R.C. Thomsen II, A.D. Paytas & M.M. Shomali: “
Extension of Huawei Temporary General License”

(Source: Thomsen and Burke LLP, 18 Nov 2019. Available by subscription via 
maher@t-b.com
.)
 
* Authors: Roszel C. Thomsen II, Esq., +1 410-539-2596, 
roz@t-b.com
; Antoinette D. Paytas, Esq., +1 410-539-2655, 
toni@t-b.com
; and Maher M. Shomali, Esq., +1 410-539-6336, 
maher@t-b.com
. All of Thomsen and Burke LLP. 
 
Effective today, November 18, 2019,
 
the U.S. Government has extended through February 16, 2020, the
 
Temporary General License
 
to Huawei Technologies Co., Ltd. (Huawei) and one hundred and fourteen of its non-U.S. affiliates on the Entity List.
 
The initial Temporary General License was published on May 20, 2019, and was extended and updated on August 19, 2019. This latest extension does not modify the activities authorized under the Huawei Temporary General License, which are summarized below:
 
Continued Operation of Existing Networks and Equipment
: BIS authorizes engagement in transactions, subject to other provisions of the EAR, necessary to maintain and support existing and currently fully operational networks and equipment, including software updates and patches, subject to legally binding contracts and agreements executed between Huawei and third parties or the sixty-eight non-U.S. Huawei affiliates and third parties on or before May 16, 2019.
 

The term “fully operational network” refers to a third-party network providing services to that third-party’s customers.

The term “third-party” does not include Huawei, one of Huawei’s listed non-U.S. affiliates, the exporter, the reexporter or the transferor. “Third-party” is intended to refer to an organization such as a telecommunications service provider.

BIS notes that this authorization does not apply if the transaction enhances the functional capacities of the original software or equipment. Thus, upgrades to newer versions/models are generally not covered by the authorization.

Exclusion A specifies that the authorization only covers activities involving networks and network infrastructure equipment, not end-devices such as general-purpose computing devices. Further, the authorization only applies to activities directly related to the support and maintenance of the network.

Exclusion B specifies that the authorization does not cover transfers of equipment for general business purposes or for activities that are not in direct support of an existing and fully operational network, such as semiconductor production equipment.
 
Support to Existing Personal Consumer Electronic Devices
:
BIS authorizes engagement in transactions, subject to other provisions of the EAR, necessary to provide service and support, including software updates or patches, to existing Huawei personal consumer electronic devices that were available to the public on or before May 16, 2019.
 

The term “personal consumer electronic devices”, which includes phones and other personally owned equipment, such as tablets, smart watches, and mobile hotspots such as Mifi devices

BIS clarifies that authorized transactions include support for customer premises equipment (CPE), such as network switches, residential Internet gateways, set-top boxes, home networking adapters and other personally-owned equipment that enable consumers to access network communications services and distribute them within their residence or small business.

BIS notes that this authorization does not apply if the transaction enhances the functional capacities of the original software or equipment. Thus, upgrades to newer versions/models are generally not covered by the authorization.
 
Cybersecurity Research and Vulnerability Disclosure
:
BIS authorizes, subject to other provisions of the EAR, the disclosure to Huawei and/or the sixty-eight non-U.S. affiliates of information regarding security vulnerabilities in items owned, possessed, or controlled by Huawei or any of the sixty-eight non-U.S. affiliates when related to the process of providing ongoing security research critical to maintaining the integrity and reliability of existing and currently fully operational networks and equipment, as well as handsets.
 
These are the only authorized activities under the temporary general license.
 
Exporters, re-exporters, and/or transferors utilizing this Temporary General License must obtain a certification statement from the listed Huawei entity and any additional support documentation needed to substantiate the certification statement from the listed Huawei entity. These materials must be received from the pertinent Huawei entity prior to the export, reexport or transfer of any item under the Temporary General License.

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

COM_a313
.
Torres Law: “Department of State Proposes Amending ITAR Definitions, Creating Encryption Carve-Out” 
 

(Source:
Torres Law News Alert
, 18 Nov 2019.)
 
In a recently published Notice of Proposed Rulemaking, [FN/1] the Department of State proposes an amendment to the International Traffic in Arms Regulations (“ITAR”) provisions defining activities that are not exports, re-exports, or retransfers. Such activities that will not be exports, re-exports, or retransfers under the proposed definition include (1) launching items into space, (2) providing technical data to U.S. persons within the United States or within a single country abroad, and (3) moving defense articles between U.S. states, possessions, and territories. Importantly, the proposed revisions will allow for the electronic storage and transmission of unclassified technical data through foreign communications infrastructure without requiring ITAR licensing when the technical data is sufficiently secured to prevent access by foreign persons. The proposed amendments also include the creation of a definition for “access information” and the revision of the “release” definition to include the improper provision of access information to foreign persons.

The proposed amendment sets the stage for the Department of State to create a rule similar to the Department of Commerce Export Administration Regulations (“EAR”) “encryption carve-out,” which was finalized on June 3, 2016. The export community has anticipated a harmonization of the ITAR with the EAR encryption rule. Torres Law has previously written about the EAR carve-out, located here: 
End-to-End Encryption and a New Understanding of Technology and Software Export Controls
. We will monitor these developments as the proposed amendment moves through the federal rulemaking process and provide updates as necessary.

[FN/1]
 International Traffic in Arms Regulations: Activities Not Exports, Re-exports, or Transfers, Department of State, 
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201904&RIN=1400-AE76
 (last visited, Nov. 15, 2019).

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TEEX/IM TRAINING EVENTS & CONFERENCES

TE_114.
ECS Presents “Mastering ITAR/EAR Challenges Seminar” on 21-22 Apr in New Orleans, LA
(Source: ECS)
 
*What:  Mastering ITAR/EAR Challenges Seminar
*When:  April 21-22, 2020
*Where: 
Le Meridien
; New Orleans, LA
*Sponsor:  Export Compliance Solutions & Consulting (ECS)
*ECS Instructors:  Suzanne Palmer, Lisa Bencivenga
*Register 

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

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

ENEDITOR’S NOTES

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

EN_a216. 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: 13 Nov 2019: 84 FR 61674-61676Addition of Entities to the Entity List, Revision of an Entry on the Entity List, and Removal of Entities from 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.FullCircleCompliance.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.

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

EN_a317
. Weekly Highlights of the Daily Bugle Top Stories
(Source: Editor)
 

Review last week’s top Ex/Im stories in “Weekly Highlights of Daily Bugle Top Stories” posted here.

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

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., compiled by: Editor, James E. Bartlett III; and Assistant 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 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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