;

19-1210 Tuesday “Daily Bugle”

19-1210 Tuesday “Daily Bugle”

 this copy of the Daily Bugle to others or share 
this subscription link
Tuesday, 10 December
2019

  1. Commerce/BIS Denies Export Privileges of Paul Stuart Brunt of Bellevue, WA
  2. Commerce/BIS Requests Comments Concerning Procedure for Parties on the Entity List and Unverified List to Request Removal or Modification of Their Listing
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. State/DDTC: (No new postings.)
  4. Treasury/OFAC Announces Settlement Agreement with Allianz Global Risks U.S. Insurance Company, and, separately, Chubb Limited
  5. Treasury/OFAC Issues Global Magnitsky General License Number 1
  6. Treasury/OFAC Publishes Two New Venezuela-related Frequently Asked Questions
  1. CNN: “China Reportedly Bans Foreign Technology in its Government and Public Offices”
  1. China Business Law Journal: “Update on Due Diligence for Cross-Border M&A”
  2. Steptoe: “EU Common Rules on the Control of Exports of Military Technology and Equipment”
  3. Winston & Strawn: “Commerce Issues Proposed Rules on Information and Communications Technology Supply Chain with Broad Impact: December 27 Deadline to Comment”
  1. FD Associates Presents “ITAR for the Empowered Official & Compliance Personnel” 29-30 Jan in Tysons Corner, VA
  2. Full Circle Compliance Presents: Export Compliance Training Seminars
  1. Bartlett’s Unfamiliar Quotations
  2. Are Your Copies of Regulations Up to Date? Find the Latest Amendments Here!
  3. Weekly Highlights of the Daily Bugle Top Stories 

Are You Keeping Up to Date with the Latest Regulations?

Bartlett’s Annotated IT
AR and FTR will keep you updated on the latest amendments plus over 800 footnotes containing history, cases, and extensive Tables of Contents.

Combo
BITAR + BAFTR
Price: $300
Offer: $275

 
Buy Here

BITAR

Price: $200

BAFTR

  Price: $100

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a11
.
Commerce/BIS Denies Export Privileges of Paul Stuart Brunt of Bellevue, WA

(Source: Federal Register, 10 Dec 2019.) [Excerpts.]
 
84 FR 67428-67429: Order Denying Export Privileges
 
* Respondent: Paul Stuart Brunt; Bellevue, WA
* Charges: On March 1, 2019, in the U.S. District Court for the Western District of Washington, Paul Stuart Brunt (“Brunt”) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (“AECA”). Brunt was convicted of violating Section 38 of the AECA by knowingly and willfully exporting firearms designated as defense articles on the United States Munitions List from the United States to Turkey and Iraq, without the required U.S. Department of State licenses. Brunt was sentenced to three years of probation, 200 hours of community service, a fine of $20,000, and a $300 assessment.
* Debarred: Denied export privileges until 1 March 2029, for ten years from the date of conviction.
* Date of Order: 3 Dec 2019  

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

EXIM_a22
.
Commerce/BIS Requests Comments Concerning Procedure for Parties on the Entity List and Unverified List to Request Removal or Modification of Their Listing

(Source: Federal Register, 10 Dec 2019.) [Excerpts.]
 
84 FR 67426-67427: Proposed Information Collection; Comment Request; Procedure for Parties on the Entity List and Unverified List to Request Removal or Modification of Their Listing
 
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Notice.
* SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
* DATES: To ensure consideration, written comments must be submitted on or before February 10, 2020.
* ADDRESSES: Direct all written comments to Mark Crace, IC Liaison, Bureau of Industry and Security, 1401 Constitution Avenue, Suite 2099B, Washington, DC 20233 (or via the internet at PRAcomments@doc.gov). Comments will generally be posted without change. All Personally Identifiable Information (for example, name and address) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. You may submit attachments to electronic comments in Microsoft Word, Excel, or Adobe PDF file formats.
* SUPPLEMENTARY INFORMATION:
I. Abstract. This collection is needed to provide a procedure for persons or organizations listed on the Entity List and Unverified List to request removal or modification of the entry that affects them. The Entity List appears at 15 CFR part 744, Supp. No. 4, and the Unverified List appears at 15 CFR part 744, Supp. No. 6. The Entity List and Unverified List are used to inform the public of certain parties whose presence in a transaction that is subject to the Export Administration Regulations (15 CFR parts 730-799) requires a license from the Bureau of Industry and Security (BIS). Requests for removal from the Entity List would be reviewed by the Departments of Commerce, State, and Defense, and Energy and Treasury as appropriate. The interagency decision, as communicated to the requesting entity by BIS, would be the final agency action on such a request. Requests for removal from the Unverified List would be reviewed by the Department of Commerce. The decision, as communicated to the requesting entity by BIS, would be the final agency action on such a request. This is a voluntary collection. …
 
IV. Request for Comments
 
Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. …  

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

OGSOTHER GOVERNMENT SOURCES

OGS_a13
. Items Scheduled
for Publication in Future Federal Register Editions

(Source: Federal Register)
 

* Treasury/OFAC; Notices; Blocking or Unblocking of Persons and Properties [Pub. Date: 11 Dec 2019.]

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

OGS_a24
. Commerce/BIS: (No new postings.)

(Source: Commerce/BIS)

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

OGS_a35
.
State/DDTC: (No new postings.)

(Source: State/DDTC)

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

OGS_a46
.
Treasury/OFAC Announces Settlement Agreement with Allianz Global Risks U.S. Insurance Company, and, separately, Chubb Limited

(Source: Treasury/OFAC, 10 Dec 2019.)
 
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today announced a $170,535 settlement with Allianz Global Risks U.S. Insurance Company (“AGR US”). AGR US is a Chicago-based property casualty insurer and a wholly owned subsidiary of Allianz SE, a German financial services provider organized under the laws of the European Union and Germany. AGR US operates AGR Canada as a Canadian branch office in Toronto, Canada. AGR US has agreed to remit $170,535 to settle its potential civil liability for 6,474 apparent violations of the Cuban Assets Control Regulations (“CACR”), 31 C.F.R. Part 515. OFAC has determined that AGR US voluntarily self-disclosed the apparent violations, and that these apparent violations constitute a non-egregious case.
 
For more information, please visit the following web notice.
 
Separately, OFAC today also announced a $66,212 settlement with Chubb Limited, as successor legal entity of the former ACE Limited (“ACE”). ACE was a Swiss company that provided insurance and reinsurance services for commercial and individual customers worldwide. In January 2016, ACE merged with Chubb Corporation to create Chubb Limited (“Chubb”), which is a Swiss holding company headquartered in Switzerland. Prior to the merger, ACE Group Holdings, Inc. was a subsidiary of ACE, and an insurance holding company incorporated in the United States. Through a series of intermediate corporate entities, ACE Europe was a subsidiary of ACE Group Holdings, Inc. ACE Europe was domiciled in the United Kingdom and conducted business in Europe. As a subsidiary of a U.S. company, ACE Europe was subject to the Cuban Assets Control Regulations, 31 C.F.R. Part 515 (CACR). Chubb has agreed to remit $66,212 to settle its potential civil liability for 20,291 apparent violations of the CACR. OFAC has determined that ACE made a voluntary self-disclosure of the apparent violations, and that these apparent violations constitute a non-egregious case.
 
For more information, please visit the following web notice.

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

OGS_a57
. Treasury/OFAC Issues Global Magnitsky General License Number 1

(Source:
Treasury/OFAC, 9 Dec 2019.)
 
The Office of Foreign Assets Control has issued Global Magnitsky General License Number 1: Authorizing Certain Activities Necessary to the Wind Down of Transactions Involving Ventspils Freeport Authority, Ventspils Attistibas Agentura, Biznesa Attistibas Asociacija, and Latvijas Tranzita Biznesa Asociacija. 

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

OGS_a68
.
Treasury/OFAC Publishes Two New Venezuela-related Frequently Asked Questions
(Source: Treasury/OFAC, 10 Dec 2019.)
 
Today, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing two new Venezuela-related Frequently Asked Questions.
 
For more information on this specific action, please visit our Recent Actions page.

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

COMNEWS

(Source:
CNN Business, 9 Dec 2019.) [Excerpts.]

 
China is reportedly planning to ban all government offices and public institutions from using foreign software and computers in a move that could dent sales by US tech companies and increase tensions at a crucial moment in the trade war.
 
Beijing had ordered that all hardware and software be removed within three years, according to a report by the Financial Times. It cited brokerage firm China Securities as estimating that as many 30 million pieces of hardware would need to be replaced as a result. …
 
Substituting hardware would be difficult enough, but replacing Microsoft or Apple (AAPL) software at such a scale could be an even bigger challenge given China’s software industry is relatively undeveloped. Huawei is finding out how hard life can be without access to Google (GOOGL) services for smartphones.
 
Some Chinese social media users said Chinese hardware maker Lenovo (LNVGF), already a major supplier to the government, could benefit from the reported initiative. But others were deeply skeptical. …

 

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

COMCOMMENTARY

COM_a110.
China Business Law Journal: “Update on Due Diligence for Cross-Border M&A”

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

COM_a211.
Steptoe: “EU Common Rules on the Control of Exports of Military Technology and Equipment”

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

COM_a312.
Winston & Strawn: “Commerce Issues Proposed Rules on Information and Communications Technology Supply Chain with Broad Impact: Deadline to Comment 27 December”

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

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_113.
FD Associates Presents “ITAR for the Empowered Official & Compliance Personnel” 29-30 Jan in Tysons Corner, VA
(Source: 
FD Associates
)
 
* What:  Seminar, “ITAR for the Empowered Official & Compliance Personnel” — 
Agenda
* When:  Wed-Thu, 29-30 Jan 2020
* Where:
The Tower Club
, 8000 Towers Crescent Dr Suite 1700, Vienna, VA 22182
* Sponsor:
FD Associates
* Presenters: 
Jenny Hahn, President, FD Associates. P
resenter will also be available for private counseling session
 after the workshop

* Register HERE, call 1-703-847-5801, or email info@fdassociates.net.

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

TE_a214. Full Circle Compliance Presents: Export Compliance Training Seminars
(Source: Full Circle Compliance)

U.S. and EU Sanctions & Embargoes

Tuesday, 4 February 2020 in Amsterdam

Designing an ICP for Export Controls & Sanctions

Tuesday, 3 March 2020 in Amsterdam

Implementing an ICP for Export Controls & Sanctions

Wednesday, 4 March 2020 in Amsterdam

ENEDITOR’S NOTES

EN_a115. Bartlett’s Unfamiliar Quotations

(Source: Editor)
 


George MacDonald (10 Dec 1824 – 18 Sep 1905; was a Scottish author, poet, and Christian minister. He was a pioneering figure in the field of modern fantasy literature and the mentor of fellow writer Lewis Carroll. His writings have been cited as a major literary influence by many notable authors including Lewis Carroll, Mark Twain, C.S. Lewis, and J.R.R. Tolkien.  C.S. Lewis wrote that he regarded MacDonald as his “master”.)
  – “It is not in the nature of politics that the best men should be elected. The best men do not want to govern their fellowmen.”
  – “To be trusted is a greater compliment than being loved.”

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

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 are listed below.
 
Agency 
Regulations 
Latest Update 
DHS CUSTOMS REGULATIONS: 19 CFR, Ch. 1, Pts. 0-199.  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.  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.   Last Amendment: 24 Apr 2018: 83 FR 17749-17751: Foreign Trade Regulations (FTR): Clarification on the Collection and Confidentiality of Kimberley Process Certificates 
DOD NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL (NISPOM): DoD 5220.22-M. Implemented by Dep’t of Defense.  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.   23 Feb 2015: 80 FR 9359, comprehensive updating of regulations, updates the activities and technologies subject to specific authorization and DOE reporting requirements. 
DOE EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL; 10 CFR Part 110. 
25 Nov 2019: 84 FR 64740-64754: Rules of Practice in Explosives License and Permit Proceedings; Revisions Reflecting Changes Consistent With the Homeland Security Act of 2002
DOJ ATF ARMS IMPORT REGULATIONS: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War.  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.  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.

DOT FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders.
22 Nov 2019:

84 FR 64415-64417: Venezuela Sanctions Regulations

USITC HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA),

1 Jan 2019: 19 USC 1202 Annex. 

 

  – HTS codes for AES are available here.
  – HTS codes that are not valid for AES are available here.

  

* * * * * * * * * * * * * * * * * * * *
EN_a3

The Weekly Highlights

Did you miss the most important trade compliance updates last week? Every Monday we post the highlights out of last week’s FCC Export/Import Daily Update (“The Daily Bugle”).

The Daily Bugle Archive

Are you searching for updates from the past editions of the Daily Bugle? The Daily Bugle Archive gives you access to all editions since 2005.

Scroll to Top