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20-0316 Monday “Daily Bugle”

20-0316 Monday “Daily Bugle”

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Monday, 16 March 2020

(No new postings.) 

  1. Items Scheduled for Future Federal Register Edition: (No new postings.) 
  2. Commerce/BIS: Zimo Sheng Designated a Denied Party for Attempted Export of Pistol Parts to China
  3. State/DDTC: (No new postings.)
  4. EU Commision Makes the Exportation of Certain Products Subject to Export Authorisations
  1. American Shipper: “Clarifying ‘Routed’ Exports for US Data Collection, Enforcement”
  2. Asian Times: “Trump Knows Huawei Users Can Do Without US Goods”
  3. NBC: “The U.S. Is Investigating Chinese Telecom Giant ZTE for Alleged Bribery”
  4. WORLDecr: “Coronavirus: Bans and Export Controls on Face Masks and Equipment Accelerating, Group Says” [Excerpts]
  1. Wiggin: “Which Critical Infrastructure Functions Are Covered By the New CFIUS Rules?”
  1. Monday List of Ex/Im Job Openings: 77 Jobs Available – 3 New Job Openings This Week 
  1. ECS Presents “ITAR/EAR Boot Camp: Achieving Compliance” on 7-8 Jul in Seattle, WA 
  2. ICPA Presents “2020 EU Conference”, 13-15 May in Prague 
  3. FCC Academy: “U.S. Export Controls: ITAR, EAR, and FMS on 7-9 April Online” 
  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

[No items of interest today] 

 
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OGSOTHER GOVERNMENT SOURCES

OGS_a11.
Items Scheduled for Future Federal Register Editions
(Source: Federal Register)   

 (No items of interest today.) 

 
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OGS_a22.
Commerce/BIS:  Zimo Sheng Designated a Denied Party for Attempted Export of Pistol Parts to China 
(Source: Commerce/BIS)

Respondent: Zimo Sheng, 3975 N. Craven Street, Milwaukee, WI 43211, and Jinxiuyuan 17-403, Changu, Jiangsu 21550, China.

Charge: Convicted in Federal court of 22 USC 2778, attempted export from USA to China of parts for Glock 43 pistol.
Sentence: 40 months prison + $2,000 fine.
BIS Action: Export privileges denied for 10 years. 

 
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OGS_a33.
State/DDTC: 
(Source: State/DDTC)
(No items of interest today.) 

 
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OGS_a44
.
EU Commision Makes the Exportation of Certain Products Subject to Export Authorisations

(Source: Official Journal of the European Union, 14 Mar 2020) [Excerpts]
 
Since the outbreak of the epidemiological crisis caused by the coronavirus SARS-CoV-2, the disease associated with
it, the COVID-19, has been spreading fast across the world, reaching also the Union’s territory. …
 
In this context, the need for personal protective equipment, as detailed in Annex 1, has already increased significantly. Given its nature and the prevailing circumstances, such type of equipment is an essential product since it is necessary to prevent the further spreading of the disease, and safeguard the health of medical staff treating
infected patients. …
 
In order to remedy and prevent a critical situation, it is in the Union interest that the Commission takes an immediate action of a limited duration in order to ensure that exports of personal protective equipment are subject
to an authorisation in order to ensure adequacy of supply in the Union in order to meet the vital demand.
 
Exports of certain quantities of specific products may be authorised under specific circumstances such as to ensure assistance provided to third countries, and depending on the needs of the Member States. The administrative modalities for these temporary measures. …

 
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COMNEWS

NWS_a15.
American Shipper: “Clarifying ‘Routed’ Exports for US Data Collection, Enforcement” 

(Source:
American Shipper, 13 Mar 2020) [Excerpts]
 
The Commerce Department’s Census Bureau and Bureau of Industry and Security believe an upcoming proposed rulemaking may resolve the regulatory confusion for required export data.
 
The U.S. Commerce Department’s Census Bureau, which is charged with collecting the nation’s trade statistics, said it is working with its counterparts among the various export enforcement agencies to redefine responsibility within the industry for “routed” exports. …
 
Census is developing its rule in coordination with the Commerce Department’s Bureau of Industry and Security’s (BIS) effort to redefine how it regulates routed export transactions.
 
An export transaction typically involves a U.S. seller, known in the Export Administration Regulations (EAR) as the U.S. principal party in interest (USPPI), and an overseas buyer, or foreign principal party in interest (FPPI).
 
In these cases, the USPPI ships an item from the United States and is responsible for obtaining the necessary export clearances, including applying for any federal export licenses. …

NWS_a26. Asian Times: “Trump Knows Huawei Users Can Do Without US Goods”

(Source:
Asian Times
, 16 Mar 2020) [Excerpts]
 
Requiring licenses for Huawei and its affiliates to use US-origin equipment or technology in the manufacture of semiconductor devices “could severely impact the US and global semiconductor and electronics industries, create confusion and uncertainty in manufacturing supply chains, reduce investment in new capacity, and lead to the design-out of US technology and US components.” …
 
“The United States cannot, & will not, become such a difficult place to deal with in terms of foreign countries buying our product, including for the always used national security excuse, that our companies will be forced to leave in order to remain competitive.
 
We want to sell product and goods to China and other countries. We don’t want to make it impossible to do business with us. That will only mean that orders will go to someplace else. …

NWS_a37. NBC: “The U.S. Is Investigating Chinese Telecom Giant ZTE for Alleged Bribery”

(Source: NBC News, 13 Mar 2020) [Excerpts]
 
ZTE, the Chinese telecom giant that pleaded guilty three years ago to violating U.S. sanctions against Iran and North Korea, is the subject of a new and separate bribery investigation by the Justice Department, according to two people briefed on the matter.
 
The new investigation, which has not been reported previously, centers on possible bribes ZTE paid to foreign officials to gain advantages in its worldwide operations.
 
The fresh scrutiny on ZTE comes just after the end of the corporate probation period agreed to under the March 2017 plea agreement it struck with the Justice Department. Under the agreement, ZTE agreed to a civil and criminal penalty and forfeiture of $1.19 billion. …

NWS_a48.

WorldECR:
Coronavirus: Bans and Export Controls on Face Masks and Equipment Accelerating, Group Says” 

(Source:
WORLDEcr, 13 Mar 2020)
[Excerpts]
 
As the Covid-19 Coronavirus wreaks global worries and chaos, governments around the world have been circling their wagons, imposing bans or export controls over medicines and medical supplies to ensure supplies for their own populations. …
 
China, where scientists believe the virus originated, began stockpiling protective masks early on after the outbreak, leading to shortages around the globe.
 
Since the beginning of this year, 24 nations have imposed export restrictions on medicines and medical equipment in response to the Coronavirus, 16 of them in the first 10 days of March, according to Global Trade Alert, a monitoring service at the University of St. Gallen in Switzerland. It concludes that, ‘The pace at which governments are resorting to export restrictions is accelerating.’
 
Early this month, Turkey imposed stringent restrictions on exports of medical protective gear in a preemptive measure.
 
South Korea has banned the export of masks and materials used to make respirators while Taiwan and Thailand have banned exports to meet soaring demand.
 
India, the world’s main supplier of generic drugs, has restricted the export of 26 pharmaceutical ingredients and the medicines made from them, including paracetamol. …

COMCOMMENTARY

COM_a19. Wiggin: “Which Critical Infrastructure Functions Are Covered By the New CFIUS Rules?”

(Source:
Wiggin and Dana LLP, 13 Mar 2020) [Excerpts]
 
* Principal Author:
Tahlia Townsend, 1-202-800-2473, Wiggin and Dana LLP
 
New rules that became final on February 13, 2020 dramatically expand the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS). Where CFIUS was once concerned only with transactions that would result in foreign control of a U.S. business, the Committee’s authority now extends to non-controlling investments in a broad range of U.S. businesses involved with critical technology, critical infrastructure, or sensitive personal data – collectively denominated “TID U.S. businesses” – as well as in certain real estate.
 
In a previous advisory, we provided a flowchart for identifying CFIUS triggers in investment transactions. In this supplemental advisory, we offer a tool for better understanding the kinds of businesses that may be caught by the new rules’ provisions regarding “critical infrastructure.” The appendix of “covered investment critical infrastructure” (Appendix A to Part 800) provided with the rules is a frustrating maze of cross-references to other statutes and regulations that make it challenging to understand the scope of the new requirements and to know which types of critical infrastructure are and are not caught by the new rules. … 

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

* AgustaWestland Philadelphia Corporation; Philadelphia, PA; Import Specialist; Contact Details: stacy.lavin@leonardocompany.us
* FLIR Systems; Remote or Billerica MA; Manager, Investigations & Disclosures; Contact Details: bonny.hannah@flir.com; Requisition ID REQ14019
 
* Microchip Technology Incorporated; Chandler, AZ; Manager-Import/Export;
Contact Details: ben.gross@microchip.com;
Requisition ID: 10655

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TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a111.
ECS
Presents “
ITAR/EAR Boot Camp: Achieving Compliance
” on 7-8 Jul in Seattle, WA

(Source:
ECS
)
 
*What:  ITAR/EAR Boot Camp:  Achieving Compliance
*When: July 7-8, 2020
*Where:  Sheraton Grande; Seattle, WA
*Sponsor: Export Compliance Solutions & Consulting
*Presenter: Suzanne Palmer, Mal Zerden
*Register 

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

 
back to top
 
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TE_a212.
ICPA Presents “2020 EU Conference”, 13-15 May in Prague
(Source: ICPA)
 
* What: 2019 EU Conference
– Import and Export Track (click here for the agenda)

Professional Speakers
– Hot Industry Topics
* When: 13-15 May 2019
* Where: The Tower Hotel, Prague, Czech Republic.
* Sponsor: International Compliance Professionals Association (ICPA)
* Information & Registration: Click here.

back to top
 

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TE_a313. FCC Academy: U.S. Export Controls: ITAR, EAR, and FMS

U.S. Export Controls: ITAR

Tuesday, 7 April 2020, Online
More Info

U.S. Export Controls: EAR

Wednesday, 8 April 2020, Online
More Info

The ABC of Foreign Military Sales (FMS)

Tuesday, 9 April 2020, Online
More Info

ENEDITOR’S NOTES

EN_a114. Bartlett’s Unfamiliar Quotations

(Source: Editor)

 

* Henny Youngman (Henry Youngman 16 Mar 1906 – 24 Feb 1998, was an American comedian and violinist, famous for his mastery of the “one-liner”. His best-known one-liner was “Take my wife … please!”
  – “Some people ask the secret of our long marriage. We take time to go to a restaurant two times a week. A little candlelight, dinner, soft music, and dancing. She goes Tuesdays, I go Fridays.”
  – “I bet on a great horse yesterday! It took seven horses to beat him.”
 

Jerry Lewis
(Joseph Levitch; 16 Mar 1926 – 20 Aug 2017; was an American comedian, actor, singer, filmmaker, and humanitarian, dubbed as “The King of Comedy” and “The Total Filmmaker”. He gained his career breakthrough together with singer Dean Martin, becoming “Martin & Lewis” in 1946, performing for 10 years until a breakup in 1956.  As national chairman of the Muscular Dystrophy Association, most notably “The Jerry Lewis MDA Labor Day Telethon,” he raised $2.6 billion for the cause.)
  – “I’ve had great success being a total idiot.” 
  – “It’ll keep you alive for another 10 years if you get yourself a laugh once a day.”
 
Monday is Pun Day
:
* Atheism is a non-prophet organization.
* Two hats were hanging on a hat rack in the hallway.  One hat said to the other: “You stay here; I’ll go on a head.”
* I wondered why the baseball kept getting bigger. Then it hit me.
* The midget fortune-teller who escaped from prison was a small medium at large.

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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 are listed below.
 
Agency 
Regulations 
Latest Update 
DHS CUSTOMS REGULATIONS
: 19 CFR, Ch. 1, Pts. 0-199.
 
 
 
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.

15 Nov 2017, 82 FR 52823: miscellaneous corrections include correcting references, an address and a misspelling

 

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

13 Mar 2020:
85 FR 14572-14573:
General Licenses Issued Pursuant to Venezuela-Related Executive Order 13835

 
 
 
 
  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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