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20-0224 Monday “Daily Bugle'”

20-0224 Monday “Daily Bugle”

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Monday, 24 February 2020

  1. Commerce/BIS Amends Country Groups for Russia and Yemen Under the EAR 
  2. President Continues National Emergency with Respect to Libya 
  1. Items Scheduled for Publication in Future Federal Register Editions 
  2. Commerce/BIS: (No new postings.) 
  3. State/DDTC: Outage Notice 6-8 am Tuesday, 25 Feb
  1. ADM: “Regulatory Compliance Explained for Australian Defence SMEs” 
  2. The Japan Time: “International Arms Control Group Including Japan Agrees to Limit Military Software Exports” 
  3. WccfTech: “Gigabyte Offices Raided by Taiwanese Authorities for Exporting Products to Iran” 
  4. WSJ: “Chinese Military Turns to U.S. University to Conduct Covert Research” 
  1. Monday List of Ex/Im Job Openings: 140 Jobs Posted This Week, Including 2 New Openings 
  1. FD Associates Presents “ITAR FUNdamentals ” 25- 26 Mar in Tysons Corner, VA 
  2. FCC Academy Presents: Designing & Implementing an ICP 3-4 March in Amsterdam 
  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 
  4. Submit Your Job Opening and View All Job Openings
  5. Submit Your Event and View All Approaching Events

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EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1
1
.
Commerce/BIS Amends Country Groups for Russia and  
Yemen Under the EAR

(Source:
Federal Register
, 24 Feb 2020) [Excerpts]
 
85 FR 10274-10278: Amendments to Country Groups for Russia and Yemen Under the Export Administration Regulations
 
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Final rule.
* SUMMARY: In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the Country Group designations for the Russian Federation (Russia) and Yemen based on national security and foreign policy concerns, including proliferation-related concerns. This action is intended to facilitate and support accountability in connection with exports and reexports of items to these destinations under the EAR, and is part of a larger effort to restructure and re-align the Country Groups based on the aforementioned interests.
* DATES: This rule is effective February 24, 2020.
* FOR FURTHER INFORMATION CONTACT: Jodi.Kouts, Director, Chemical and Biological Controls Division, at email
Jodi.Kouts@bis.doc.gov
or by phone at (202) 482-6109.
* SUPPLEMENTARY INFORMATION:
 
Specific Amendments
 
Russia: Country Groups A and D
 
In this rule, BIS removes Russia from Country Groups A:2 (Missile Technology Control Regime) and A:4 (Nuclear Suppliers Group) to address U.S. concerns about diversion of U.S.-origin items to or from Russia for prohibited end uses and end users. This rule removes the “X” from Column “[A:2]” and the “X” from Column “[A:4]” in Supplement No. 1 to Part 740 for “Russia.” In relation to the changes to Country Groups A:2 and A:4 for Russia, this rule also adds Russia to Country Groups of concern D:2 (Nuclear) and D:4 (Missile Technology). This rule adds an “X” in Column “[D:2]” and an “X” in Column “[D:4]” in Supplement No. 1 to Part 740 for “Russia.” Consistent with adding “Russia” to Country Group “[D:2],” this rule adds an “X” in Column “NP 1” for “Russia” in Supplement No. 1 to Part 738–Commerce Country Chart. Finally, BIS revises the licensing policy for items to Russia to a policy of presumption of denial when the items are controlled for reasons described under Sec. 742.2 (Proliferation of chemical and biological weapons), Sec. 742.3 (Nuclear nonproliferation), or Sec. 742.5 (Missile technology) of the EAR. However, with regard to NP and MT controls, applications for exports and reexports of items, which include commodities, software and technology, to Russia in support of U.S.-Russia civil space cooperation activities or commercial space launches will be reviewed on a case-by-case basis.


 
These amendments are consistent with the purpose of this rule to address U.S. concerns about Russia’s lack of cooperation and accountability for U.S.-origin items and diversion to unauthorized or
prohibited proliferation activities, end uses, and end users. Specifically, Russia has not been cooperative in allowing BIS to perform pre-license checks or post-shipment verifications related to U.S.-origin goods. The presumption of denial under Sec. 742.2 further accentuates the seriousness with which the United States takes Russia’s use of a “novichok” nerve agent in the attack against Sergei Skripal and his daughter Yulia Skripal in the United Kingdom on March 4, 2018.
 
Yemen: Country Groups B and D:1
 
In this rule, BIS removes Yemen from Country Group B and places Yemen in the country group of concern for national security reasons,
Country Group D:1 (National Security). Specifically, this rule removes “Yemen” from Country Group B in Supplement No. 1 to part 740, and adds an “X” in Column “[D:1]” of that Supplement for “Yemen.”
 
These changes are being made to address concerns about diversion of U.S.-origin items in Yemen for unauthorized purposes, including prohibited proliferation activities, end uses, and end users. In addition, there are concerns about the diversion to unauthorized and prohibited end uses and users of U.S.-origin items controlled for national security reasons. The ongoing conflict in Yemen has fostered international terrorism and instability in the Arabian Peninsula, including the proliferation of small arms, unmanned aerial systems, and missiles. …


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EXIM_a2
2.
President Continues National Emergency with Respect to Libya

(Source:
Federal Register
, 24 Feb 2020) [Excerpts]
 
85 FR 10553-10554: Continuation of the National Emergency with Respect to Libya
 
On February 25, 2011, by Executive Order 13566, the President declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions of Colonel Muammar Qadhafi, his government, and close associates, which took extreme measures against the people of Libya, including by using weapons of war, mercenaries, and wanton violence against unarmed civilians. In addition, there was a serious risk that Libyan state assets would be misappropriated by Qadhafi, members of his government, members of his family, or his close associates if those assets were not protected. The foregoing circumstances, the prolonged attacks against civilians, and the increased numbers of Libyans seeking refuge in other countries caused a deterioration in the security of Libya and posed a serious risk to its stability.
 
The situation in Libya continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, and measures are needed to protect against the diversion of assets or other abuses by members of Qadhafi’s family, their associates, and other persons hindering Libyan national reconciliation.
 
For this reason, the national emergency declared on February 25, 2011, must continue in effect beyond February 25, 2020. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13566.

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OGSOTHER GOVERNMENT SOURCES

OGS_a13
. Items Scheduled
for Publication in Future Federal Register Editions

(Source: Federal Register)


 
* Commerce/BIS; NOTICES: Information Collection Activities; Proposals, Submissions, and Approvals [Pub. Date: 25 Feb 2020]

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

(Source: Commerce/BIS)

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

OGS_a35. State/DDTC: Outage Notice 6-8 am Tuesday, 25 Feb

Outage Notice

The Registration and Licensing applications within the Defense Export Control and Compliance (DECCS) environment will be unavailable to industry for 2 hours from 6:00AM (EST) Tuesday, February 25 to 8:00AM (EST) Tuesday, February 25 for scheduled system maintenance. Please ensure work in progress is saved prior to the scheduled downtime.

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

COMNEWS

NWS_a16.
ADM: “Regulatory Compliance Explained for Australian Defence SMEs”

(
Source:
Australian Defence Magazine
, 21 Feb 2020) [Excerpts]
 

The ADF continues the rebuild and upgrade programs of major warfighting platforms with pace. With these opportunities come the responsibility for Australian defence businesses to ensure they are compliant with the respective regulations within contracts. …
 
Defence requires suppliers to hold an appropriate level of Defence Industry Security Program (DISP) membership when working on sensitive or classified information or assets; storing or transporting Defence weapons or explosive ordnance; providing security services for Defence bases and facilities; or as a result of a specific Defence business requirement. …
 
The ISM itself is broken up into 22 broad guidelines consisting of a suite of controls that support 34 cyber security principles. …
 

Australian SMEs should consider wider legal obligations as part of their compliance requirements. 

(Source: The Japan Time, 24 Feb 2020) [Excerpts]
 

A group of 42 countries including Japan and the United States have agreed to include military-grade cybersoftware and manufacturing technology for weapon-capable semiconductor parts under export controls in an effort to counter cyberattacks and other international threats, according to sources. …
 
With the agreement, Japan plans to tighten procedures for exporting military-related products and technology. …
 
According to the sources, the agreement was reached unanimously at a meeting in December of the WA, a Vienna-headquartered international nonbinding regime that restricts exporting commodities and technologies which may be diverted for use by the military and in weapons. …

NWS_a38.
WccfTech: “Gigabyte Offices Raided by Taiwanese Authorities for Exporting Products to Iran”

(Source:
WccfTech, 22 Feb 2020) [Excerpts]
 
Local media reports in Taiwan say that one of Gigabyte’s subsidiaries responsible for manufacturing network and telecommunications equipment shipped “strategic high-tech goods” to Iran without the proper permits.
 
While Gigabyte operates a branch office in Iran, and sells many of its products including servers and motherboards within the country, it hasn’t applied for an export permit for telecommunications equipment from Taiwan’s Bureau of Foreign Trade. …
 
For its part, Gigabyte says that the products ended up in Iran as part of an administrative oversight on its part due to problems with its ERP software and the customs broker it uses. …
 
Taiwan generally follows US guidance for export restrictions and embargoes to Iran, although it maintains active diplomatic relations. …

(Source:
The Wall Street Journal, 23 Feb 2020) [Excerpts]
 
When a researcher from a Chinese military academy applied to study with celebrated Boston University physicist, Eugene Stanley, Ph.D., he said her affiliation didn’t raise red flags. …
 
“I’m not interested at all in politics. I’m a scientist,” said Dr. Stanley, whose wide-ranging research has included using artificial intelligence to decode financial markets and applying statistical physics to prevent diseases. …

MSEX/IM MOVERS & SHAKERS

MS_a110. Monday List of Ex/Im Job Openings: 140 Jobs Available – 2 New Job Openings This Week

(Source: Jobs Editor)  
 
New or amended listing this week:
 

* Analog Devices, Inc.; Shanghai, China; Trade Compliance Specialist; marla.lyon@analog.com
* Science and Engineering Services, LLC; Huntsville, AL; Trade Compliance Administrator; Requisition ID: 1274; Diane Garlinger, diane.garlinger@ses-i.com 
 
Interested in more jobs? Download the Full Job List HERE, which lists over 100 job openings from the last 8 weeks.
   
 
Submit your Job Opening in the Submission section at the end of this newsletter.

  
 
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TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a111.
FD Associates Presents “The ITAR, The EAR, and the transition of USML I, II, and III to the EAR” Seminar, 10 Mar 2020 in Tysons Corner, VA

(Source: FD Associates)
 

* What: Seminar, “The ITAR, The EAR and the transition of USML I, II and III to the EAR
Agenda 

* When: Tuesday 10 Mar, 2020
* Where: The Tower Club, 8000 Towers Crescent Dr Suite 1700, Vienna, VA 22182
* Sponsor: FD Associates
* Presenters: Jenny Hahn, President, FD Associates. Presenter will also be available for private counseling session after the workshop
* Register HERE, call 1-703-847-5801, or email info@fdassociates.net

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

TE_a212. FCC Academy Training Courses

Designing an ICP for  
Export Controls & Sanctions

Tuesday, 3 March 2020 in Amsterdam, The Netherlands

Implementing an ICP for Export Controls & Sanctions
Wednesday, 4 March 2020 in Amsterdam, The Netherlands

ENEDITOR’S NOTES

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

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.

24 Feb 2020:
85 FR 10274-10278
: Amendments to Country Groups for Russia and Yemen Under the Export Administration Regulations
 

 

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.  23 Jan 2020: 85 FR 3819:

Department of State final rule amending § 121.1, USML Categories I, II, and III, and numerous related sections (effective Mar. 9, 2020).
DOT FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders.
 

7 Feb 2020:
85 FR 7223-7230
:
Mali 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.
 

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