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20-0428 Tuesday “Daily Bugle”

20-0428 Tuesday “Daily Bugle”

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Tuesday, 28 April 2020

  1. Commerce/BIS: “Elimination of License Exception Civil End Users (CIV)”
  2. Commerce/BIS: “Expansion of Export, Reexport, and Transfer (in-Country) Controls for Military End Use or Military End Users in the People’s Republic of China, Russia, or Venezuela”
  3. Commerce/BIS: “Modification of License Exception Additional Permissive Reexports (APR)”
  1. Items Scheduled for Future Federal Register Edition
  2. Commerce/BIS Tightens Restrictions on Technology Exports to Combat Chinese, Russian and Venezuelan Military Circumvention Efforts
  3. DHS/CBP: “Harmonized System Update (HSU) 2004 Created on 27 April”
  4. State/DDTC: “DECCS Outage Notice and Cancellation of In-House Seminars”
  5. EU Commission Commission Approves French Guarantee Scheme for Exporting Companies Affected By Coronavirus Outbreak
  1. Reuters: “U.S. Imposes New Rules on Exports to China to Keep Them from Its Military”
  2. ST&R Trade Report: “COVID-19: Update on Trade Agency Operations in Response to Pandemic”
  1. Arent Fox: “DDTC Announces COVID-19 Related Regulatory Relief”
  2. Nicholas Turner: “Sanctions Top-5 for the Week Ending 24 April 2020”
  3. SLD Info: “ITAR Compliance: How Software Can Help”
  4. Thomsen and Burke: “Commerce Tightens Restrictions on Exports to Country Group D:1, Including China, Russia and Venezuela”
  5. Tuttle Law: “Update on U.S.-Mexico-Canada Agreement (USMCA) US Customs Interim Implementing Instruction”
  1. ECS Presents Webinar “ITAR/EAR Boot Camp: Achieving Compliance” on 7-8 Jul 
  2. FCC Academy Presents Webinar: “An Introduction to EU/Dutch Dual-use and Military Export Controls”; 12 May 
  3. FCC Academy Presents June Webinars: U.S. Export Controls: ITAR, EAR, and FMS 
  1. Bartlett’s Unfamiliar Quotations
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EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a11
.
Commerce/BIS: “Elimination of License Exception Civil End Users (CIV)”

(Source: Federal Register, 28 Apr 2020) [Excerpts]
 
85 FR 23470: Elimination of License Exception Civil End Users (CIV); Final Rule
 
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Final rule.
* SUMMARY: In this final rule, the Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by removing License Exception Civil End Users (CIV) and requiring a license for national security-controlled items on the Commerce Control List (CCL) to countries of national security concern. This will advance U.S. national security interests by allowing U.S. government review of these transactions to these countries prior to export, reexport or transfer (in-country) in accordance with current licensing policy for national security-controlled items on the CCL. This rule also makes conforming
changes to the CCL by removing the CIV paragraph from each Export Control Classification Number on the CCL where it appears.
* DATES: This rule is effective June 29, 2020.
* FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Director, Office of National Security and Technology Transfer Controls, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-0092 or by email at eileen.albanese@bis.doc.gov.

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

EXIM_a22.
Commerce/BIS: “Expansion of Export, Reexport, and Transfer (in-Country) Controls for Military End Use or Military End Users in the People’s Republic of China, Russia, or Venezuela”  

(Source:
Federal Register, 28 Apr 2020) [Excerpts]
 
85 FR 23459: Expansion of Export, Reexport, and Transfer (in-Country) Controls for Military End Use or Military End Users in the People’s Republic of China, Russia, or Venezuela; Final Rule
 
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Final rule.
* SUMMARY: The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to expand license requirements on exports, reexports, and transfers (in-country) of items intended for military end use or military end users in the People’s Republic of China (China), Russia, or Venezuela. Specifically, this rule expands the licensing requirements for China to include “military end users,” in addition to “military end use.” It broadens the list of items for which the licensing requirements and review policy apply and expands the definition of “military end use.” Next, it creates a 
new reason for control and the associated review policy for regional stability for certain items exported to China, Russia, or Venezuela, moving existing text related to this policy. Finally, it adds Electronic Export Information filing requirements in the Automated Export System for exports to China, Russia, and Venezuela. This rule supports the objectives discussed in the National Security Strategy of the United States.
* DATES: This rule is effective June 29, 2020.
* FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Director, Office of National Security and Technology Transfer Controls, Bureau of Industry and Security, Department of Commerce. Phone: (202) 482-0092; Fax: (202) 482-3355; Email: rpd2@bis.doc.gov. For emails, include “Military End
Use or User” in the subject line.

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

(Source: Federal Register, 28 Apr 2020) [Excerpts]

 
85 FR 23496: Modification of License Exception Additional Permissive Reexports; Proposed Rule
 
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Proposed rule.
* SUMMARY: In this rule, the Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) by modifying License Exception Additional Permissive Reexports (APR). Specifically, BIS is proposing to remove provisions which authorize reexports of certain national security-controlled items on the Commerce Control List (CCL) to gain better visibility into transactions of national security or foreign policy interest to the United States.
* DATES: Comments must be received by BIS no later than June 29, 2020.
* ADDRESSES: Comments on this rule may be submitted to the Federal rulemaking portal (www.regulations.gov). The regulations.gov ID for this rule is: BIS-2020-0010. All relevant comments (including any personally identifying information) will be made available for public inspection and copying.
* FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Director, Office of National Security and Technology Transfer Controls, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-0092 or Email: eileen.albanese@bis.doc.gov.

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

OGSOTHER GOVERNMENT SOURCES

* Justice Department: NOTICES; Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Firearms Licensee Firearms Inventory Theft/Loss Report – ATF Form 3310.11 [Pub. Date: 29 Apr 2020]

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

OGS_a25. Commer
ce/BIS
Tightens Restrictions on Technology Exports to Combat Chinese, Russian, and Venezuelan Military Circumvention Efforts
(Source: Commerce/BIS
, 27 Apr 2020)
The Department of Commerce announced today new export control actions to prevent efforts by entities in China, Russia, and Venezuela to acquire U.S. technology that could be used in development of weapons, military aircraft, or surveillance technology through civilian supply chains, or under civilian-use pretenses, for military end uses and military end-users.
“It is important to consider the ramifications of doing business with countries that have histories of diverting goods purchased from U.S. companies for military applications,” said Department of Commerce Secretary Wilbur Ross. “Certain entities in China, Russia, and Venezuela have sought to circumvent America’s export controls, and undermine American interests in general, and so we will remain vigilant to ensure U.S. technology does not get into the wrong hands.”
Specifically, the rule changes include:
(1) Expansion of Military End Use/User Controls (MEU)
: Expands MEU license requirements controls on China, Russia, and Venezuela to cover military end-users in all three countries, as well as items such as semiconductor equipment, sensors, and other technologies sought for military end use or by military end-users in these countries.
(2) Removal of License Exception Civil End Users (CIV)
: Removes a license exception for exports, reexports, or transfers (in-country) to civilian

end-users in countries of national security concern for National Security- (NS) controlled items.
(3)Elimination of License Exception Additional Permissive Reexports (APR) Provisions
: Proposes to eliminate certain provisions of a license exception for partner countries involving the reexport of NS-controlled items to countries of national security concern to ensure consistent reviews of exports and reexports of U.S. items.
The Bureau of Industry and Security (BIS) in the Department of Commerce is responsible for overseeing these export control activities. BIS’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 restrict U.S.-origin commodities and technology from use in support of Weapons of Mass Destruction (WMD) projects, terrorism, or destabilizing military modernization programs. For more information, please visit www.bis.doc.gov.

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

OGS_a3
6.
DHS/CBP: “Harmonized System Update (HSU) 2004 Created on 27 April”
(Source: DHS/CBP, 28 Apr 2020)
 
Harmonized System Update (HSU) 2004 was created on 27 Apr 2020 and contains 8,983 ABI records and 1,845 harmonized tariff records.
 
System modifications were made as a result of the United States Trade Representative’s (USTR) 
Notice of Product Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.  It can be found using this link.
Further, adjustments were made to support the United States Trade Representative’s (USTR) 
Notice of Product Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. This Notice can be retrieved using this link.
Additionally, modifications were made as a result of the United States Trade Representative’s (USTR) 
Notice of Product Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, found via the link.
Adjustments were also made to support the United States Trade Representative’s (USTR) 
Notice of Product Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. This Notice can be retrieved using the link.
Additionally, changes were made as a result of Presidential Proclamation 9955, To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes, dated October 26, 2019.   Adjustments reflect the proclaimed exclusions of Thailand’s imports from the GSP program for certain subheadings, effective April 25, 2020.  The proclamation can be found here.
 
Finally, in support of the PGA Message Set, Participating Government Agency (PGA) indicators were updated as well.
Modifications required by the verification of the 2020 Harmonized Tariff Schedule (HTS) are included also.

The amended records are currently available to all ABI participants and can be retrieved electronically via the procedures indicated in the CATAIR. For further information about the retrieval process, please contact your client representative. All other questions regarding this message, please contact Jennifer Keeling via email at Jennifer.L.Keeling@cbp.dhs.gov

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

OGS_a47.
State/DDTC: DECCS Outage Notice and Cancellation of In-House Seminars”

(Source: State/DDTC)
 
The Defense Export Control and Compliance (DECCS) Registration and Licensing applications will be unavailable to industry from 6:00 AM (EST) through 8:00 AM (EST) Thursday, April 30 for scheduled system maintenance. Please ensure work in progress is saved prior to the scheduled downtime.

Due to COVID-19 restrictions, the DDTC In-House Seminar scheduled for Wednesday, 29 April, has been postponed indefinitely. DDTC is exploring options to offer the seminar as a virtual event in the near future; please continue to check the DDTC News & Events page for updates and attendance information. Contact us at DDTCInHouseSeminars@state.gov with any additional questions.

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

OGS_a58.
EU Commission Commission Approves French Guarantee Scheme for Exporting Companies Affected By Coronavirus Outbreak
 
The European Commission has approved a French guarantee scheme for small and midsize companies with export activities that are affected by coronavirus outbreak. The scheme is expected to mobilise €150 million. The scheme was approved under the State aid Temporary Framework adopted by the Commission on 19 March 2020, as amended on 3 April 2020.
 
Executive Vice-President Margrethe Vestager, in charge of competition policy, said: “The French guarantee scheme, which is expected to mobilise €150 million, will support exporting small and midsize companies affected by the coronavirus outbreak. The measure will help these businesses continue their activity during and after the outbreak. We continue working closely with Member States to ensure that national support measures can be put in place in a coordinated and effective manner, in line with EU rules.
 
The French support measure
France notified to the Commission under the Temporary Framework a guarantee scheme to support lending to small and midsize exporting companies affected by the coronavirus outbreak. The support, in the form of State guarantees on loans, will be accessible to all French exporting companies with an annual turnover below €1.5 billion. The scheme is expected to mobilise €150 million.
The scheme aims at limiting the risk associated with issuing loans to those exporting companies that are most severely affected by the economic impact of the coronavirus outbreak, thus ensuring the continuation of their activities.
The Commission found that the scheme notified by France is in line with the conditions set out in the Temporary Framework. In particular, (i) it covers guarantee on operating loans with a limited maturity and size; (ii) it is limited in time; (iii) it limits the risk taken by the State to a maximum of 90%; (iv) it provides for minimum remuneration of the guarantees; and (v) contains adequate safeguards to ensure that the aid is effectively channelled by the banks to the beneficiaries in need.  
The Commission concluded that the measure is necessary, appropriate and proportionate to remedy a serious disturbance in the economy of a Member State, in line with Article 107(3)(b) TFEU and the conditions set out in the Temporary Framework.  
On this basis, the Commission approved the measure under EU State aid rules.
 
Background
The Commission has adopted a Temporary Framework to enable Member States to use the full flexibility foreseen under State aid rules to support the economy in the context of the coronavirus outbreak. The Temporary Framework, as amended on 3 April 2020, provides for the following types of aid, which can be granted by Member States:
 
(i) Direct grants, equity injections, selective tax advantages and advance payments of up to €100,000 to a company active in the primary agricultural sector, €120,000 to a company active in the fishery and aquaculture sector and €800,000 to a company active in all other sectors to address its urgent liquidity needs. Member States can also give, up to the nominal value of €800,000 per company zero-interest loans or guarantees on loans covering 100% of the risk, except in the primary agriculture sector and in the fishery and aquaculture sector, where the limits of €100,000 and €120,000 per company respectively, apply.
(ii) State guarantees for loans taken by companies to ensure banks keep providing loans to the customers who need them. These state guarantees can cover up to 90% of risk on loans to help businesses cover immediate working capital and investment needs.
(iii) Subsidised public loans to companies with favourable interest rates to companies. These loans can help businesses cover immediate working capital and investment needs.
(iv) Safeguards for banks that channel State aid to the real economy that such aid is considered as direct aid to the banks’ customers, not to the banks themselves, and gives guidance on how to ensure minimal distortion of competition between banks.
(v) Public short-term export credit insurance for all countries, without the need for the Member State in question to demonstrate that the respective country is temporarily “non-marketable”.
(vi)  Support for coronavirus related research and development (R&D) to address the current health crisis in the form of direct grants, repayable advances or tax advantages. A bonus may be granted for cross-border cooperation projects between Member States.
(vii)  Support for the construction and upscaling of testing facilities to develop and test products (including vaccines, ventilators and protective clothing) useful to tackle the coronavirus outbreak, up to first industrial deployment. This can take the form of direct grants, tax advantages, repayable advances and no-loss guarantees. Companies may benefit from a bonus when their investment is supported by more than one Member State and when the investment is concluded within two months after the granting of the aid.
(viii)Support for the production of products relevant to tackle the coronavirus outbreak in the form of direct grants, tax advantages, repayable advances and no-loss guarantees. Companies may benefit from a bonus when their investment is supported by more than one Member State and when the investment is concluded within two months after the granting of the aid.
(ix) Targeted support in the form of deferral of tax payments and/or suspensions of social security contributions for those sectors, regions or for types of companies that are hit the hardest by the outbreak.
(x) Targeted support in the form of wage subsidies for employees for those companies in sectors or regions that have suffered most from the coronavirus outbreak, and would otherwise have had to lay off personnel.
The Temporary Framework enables Member States to combine all support measures with each other, except for loans and guarantees for the same loan and exceeding the thresholds foreseen by the Temporary Framework. It also enables Member States to combine all support measures granted under the Temporary Framework with existing possibilities to grant de minimis to a company of up to €25,000 over three fiscal years for companies active in the primary agricultural sector, €30,000 over three fiscal years for companies active in the fishery and aquaculture sector and €200,000 over three fiscal years for companies active in all other sectors. At the same time, Member States have to commit to avoid undue cumulation of support measures for the same companies to limit support to meet their actual needs.
 
Furthermore, the Temporary Framework complements the many other possibilities already available to Member States to mitigate the socio-economic impact of the coronavirus outbreak, in line with EU State aid rules. On 13 March 2020, the Commission adopted a Communication on a Coordinated economic response to the COVID-19 outbreak setting out these possibilities. For example, Member States can make generally applicable changes in favour of businesses (e.g. deferring taxes, or subsidising short-time work across all sectors), which fall outside State Aid rules. They can also grant compensation to companies for damage suffered due to and directly caused by the coronavirus outbreak.
The Temporary Framework will be in place until the end of December 2020. With a view to ensuring legal certainty, the Commission will assess before that date if it needs to be extended.
 
The non-confidential version of the decision will be made available under the case number SA.56868 in the State aid register on the Commission’s competition website once any confidentiality issues have been resolved. New publications of State aid decisions on the internet and in the Official Journal are listed in the State Aid Weekly e-News.

More information on the temporary framework and other action the Commission has taken to address the economic impact of the coronavirus pandemic can be found here.

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

COMNEWS

NWS_a19.
Reuters: “U.S. Imposes New Rules on Exports to China to Keep Them from Its Military”

(Source: Reuters, 27 Apr 2020) [Excerpts]
 
The United States said on Monday it will impose new restrictions on exports to China to keep semiconductor production equipment and other technology away from Beijing’s military.
 
The new rules will require licenses for U.S. companies to sell certain items to companies in China that support the military, even if the products are for civilian use. They also do away with a civilian exception that allows certain U.S. technology to be exported without a license. …
 
The rules, which were posted for public inspection and will be published in the Federal Register on Tuesday, could hurt the semiconductor industry and sales of civil aviation parts and components to China.
 
The changes, which also expand the universe of items requiring licenses, affect Russia and Venezuela, too, but the biggest impact will be on trade with China. …

NWS_a210.
ST&R Trade Report: “COVID-19: Update on Trade Agency Operations in Response to Pandemic”

(Source: Sandler, Travis & Rosenberg Trade Report, 28 Apr 2020) [Excerpts]
 
Directorate of Defense Trade Controls
Compliance/Registration
– Effective March 13 DDTC temporarily suspended the requirement to renew registration as a manufacturer, exporter, and/or broker and pay a fee on an annual basis by extending ITAR registrations expiring on February 29, March 31, April 30, May 31, and June 30 for two months from the original date of expiration.
– DDTC is granting an additional 30 days for responses to its request-for-information letters related to voluntary and directed disclosure matters and is considering extensions for the submission of full voluntary disclosures on a case-by-case basis.
– DDTC is pursuing a one-time temporary reduction in registration fees for certain categories of registrants.
 
Licensing
– Effective March 13 DDTC extended any ITAR license that expires between March 13 and May 31 for six months from the original date of expiration so long as there is no change to the scope or value of the authorization and no name or address changes are required.
– Effective March 13 DDTC is allowing regular company employees to work at a remote work location so long as they are not located in Russia or a country listed in ITAR § 126.1. This provision will terminate July 31 unless otherwise extended in writing.
– Effective March 13 DDTC authorized regular employees of licensed entities who are working remotely in a country not currently authorized by a TAA, MLA, or exemption to send, receive, or access any technical data authorized for export, reexport, or retransfer to their employer via a TAA, MLA, or exemption so long as the employee is not located in Russia or a country listed in ITAR § 126.1. This provision will terminate July 31 unless otherwise extended in writing.


– Where possible, DDTC will email scans of (1) final action letters for general correspondence requests and (2) unclassified final action letters for DSP-85s.
 
Federal Emergency Management Agency
FEMA has issued a number of exemptions to its restrictions on exports of personal protective equipment.
 
Federal Maritime Commission
The FMC has issued a final rule that, effective April 27, allows exemptions from the regulatory requirements for service contracts to be granted without notice and opportunity for a hearing. The FMC explains that the COVID-19 pandemic and its effects on international supply chains have demonstrated a need for flexibility to provide immediate regulatory relief in appropriate circumstances. This is particularly true in the case of service contracts, the FMC states, given the challenges that the current situation presents to contract negotiation, formation, and filing by carriers and their customers.
 
Food and Drug Administration
Third-Party Certification Program
The FDA has provided temporary flexibility so that recognized accreditation bodies under the Food Safety Modernization Act’s Accredited Third-Party Certification Program for foreign food entities and their products can maintain the accreditations of certification bodies and so that already-issued certifications need not lapse when certain safeguards are in place.
 
Recognized ABs are required to monitor the CBs they accredit through a comprehensive assessment of their performance, which includes a review of the CB’s self-assessment, regulatory audit reports, and notifications submitted to the FDA; onsite observations of regulatory audits performed by the CB; and a visit to the CB’s headquarters no later than one year after the initial date of accreditation and every two years thereafter. The FDA now states that in certain circumstances it does not intend to enforce the requirement for onsite monitoring activities because they may be temporarily impractical due to COVID-19-related restrictions.
 
In addition, accredited CBs are responsible for conducting regulatory audits when certifying that eligible foreign entities are in compliance with applicable food safety requirements. These certificates are issued for a term of up to 12 months. However, because current travel restrictions and advisories related to COVID-19 may hinder the ability of accredited CBs to conduct the onsite regulatory audits needed to recertify foreign entities, the FDA states that for already-issued certificates it does not intend to enforce the requirement that the accredited CBs issue the certificates for a term only up to 12 months, in certain circumstances.
 
PPE Entry Information
The FDA has updated its instructions on the submission of entry information for personal protective equipment and certain other medical devices to reflect the expanded list of (1) products authorized for emergency use pursuant to an emergency use authorization and (2) products regulated by the FDA as a medical device that are not authorized by an EUA but for which an enforcement discretion policy has been published in guidance. Click here to access the FDA webpage that includes current lists of both types of products. Click here for more information on entry information required for these types of products.
 
International Trade Administration
In response to operational adjustments due to COVID-19, the ITA has decided to uniformly toll by 50 days deadlines for all antidumping and countervailing duty administrative reviews. This determination applies to every administrative review segment before the ITA as of April 24, including actions by the ITA (such as preliminary and final results) and by parties to administrative reviews (such as the submission of questionnaire responses, supplemental questionnaire responses, and case and rebuttal briefs).
 
This determination does not apply to (1) any segment of a proceeding other than administrative reviews (e.g., original investigations), (2) court-ordered redeterminations and associated remand proceedings, (3) scope inquiries, anti-circumvention proceedings, changed circumstances reviews, or sunset reviews, or (4) new shipper reviews, unless a pending new shipper review has been aligned with an administrative review.
 
U.S. Customs and Border Protection
Duty Deferral
CBP issued a temporary rule allowing importers to postpone for 90 days their deposit of certain estimated duties, taxes, and fees. CBP has also issued and updated a list of frequently-asked questions on this deferral.
 
Mexico and Canada Border Closure
CBP has extended from April 20 to May 20 a prohibition on non-essential travel from Canada and Mexico at land ports of entry. Those exempt from this restriction include individuals engaged in lawful cross-border trade; e.g., truck drivers supporting the movement of cargo between the U.S. and Canada or Mexico. CBP continues to state that this restriction “should not interrupt legitimate trade … or disrupt critical supply chains that ensure food, fuel, medicine, and other critical materials reach individuals on both sides of the border.”

COMCOMMENTARY

COM_a111. Arent Fox: “DDTC Announces COVID-19 Related Regulatory Relief” 

(Source:  
Arent Fox LLP
, 27 Apr 2020)
 
* Principal Author:
Marwa M. Hassoun, Esq., 1-213443-7645, Arent Fox LLP
 
Like many other US Government agencies, the State Department, Directorate of Defense Trade Controls (DDTC) has announced certain measures, effective immediately, to alleviate burdens caused by COVID-19 in relation to compliance with the International Traffic in Arms Regulations (ITAR). The changes impact registration, compliance, licensing, and outreach to DDTC.
 
All of the changes are posted on the
DDTC homepage, but you will need to scroll way down to the April 23, 2020 and March 19, 2020 announcements in order to access them.
 
Extensions of time
(1) Licenses
Effective March 13, 2020, existing licenses that expire between March 13, 2020 and May 31, 2020, are automatically extended for six months from the original date of expiration provided there are no changes to the scope or value of the authorization and no name or address changes are required.
 
(2) Disclosures
All requests for information regarding disclosures are automatically granted an extra 30 days.
Extensions to the submission of voluntary disclosures are being considered on a case-by-case basis. Send extension requests to
DTCC-CaseStatus@state.gov as a PDF on company letterhead.
 
(3) Registration
Renewals due in February, March, April, May, and June are all extended two months from the original due date, including the payment of fees.
 
Location of Regular Employees
(i) Regular employees
From March 13, 2020 through July 31, 2020,
regular employees for purposes of the ITAR are permitted to send, receive, or access any technical data authorized for export, re-export, or retransfer to their employer under an ITAR Agreement or exemption regardless of their current physical location unless it is Russia or a 22 CFR §126.1 country.
 
(ii) Long term contractors
From March 13, 2020 through July 31, 2020, long term contractors considered
regular employees for purposes of the ITAR are permitted to work in a remote location unless it is Russia or a §126.1

country.  

 
Submissions to and correspondence with DDTC
(a)
Disclosures
Submit disclosures and/or related information, including extension requests, as PDFs on company letterhead to
DTCC-CaseStatus@state.gov. Hard copies to DDTC are not necessary, but if the disclosure cannot be submitted via email, it can be sent by regular US mail to DDTC following the normal submission process. If there are attachments that are too large to email, we recommend you submit the narrative via email and note that the attachments will be sent via regular mail. Additionally, if you intend to submit technical data, keep in mind your company’s protocol on the transfer of technical data.
 
(b) General Correspondence (GC)
DDTC will respond to any GCs submitted in hard copy to the email contact on the GC submission. If no email contact is listed, DDTC will respond via snail mail. In the event your submission does not include an email contact, we recommend contacting the Response Team to request the contact information for the analyst handling your GC, and then provide that individual with email contact information.
 
(c) Foreign Military Sales (FMS) Part 130 reports
Submit FMS-related Part 130 Reports to
DDTC-Part130Notices@state.gov.
 
(d) DSP-85s
DDTC will send emails of unclassified final action letters. If no email contact is listed, DDTC will respond via snail mail. As noted above, we recommend contacting DDTC to provide an email address for the relevant point of contact as mail being sent State seems to truly be sent via an actual snail. DDTC will continue to send original sealed copies to the Defense Counterintelligence and Security Agency (DCSA) through snail mail.
 
(e) Expedited reviews
On April 20, 2020, DDTC issued
guidance on applications it considers for expedited review. The only types of transactions that qualify for this treatment are defense articles and defense services to deployed forces or organizations or within 90 days of a scheduled deployment. Note specific documentation is required with the submission. Any other requests for expedited review may be subject to an RWA.
 
(f) Almost everything else – DECCS
DECCS does not currently accept GCs (other than re-transfer requests) or prior approvals for brokers, both of which are typically submitted in hard copy to DDTC. DDTC has not clarified if there are any alternative methods for these submissions.
 
Internal DDTC Changes
(I) Congressional Notification
DDTC is now electronically submitting Congressional Notifications of proposed Direct Commercial Sales (DCS) and FMS to Congress.
 
(II) License review
DDTC is working with the interagency and leveraging updated staffing protocols to ensure streamlined interagency licensing reviews. We note that even before the COVID-19 pandemic had started, final decisions on license applications were taking DDTC much longer than expected, likely due to decreased internal staffing.
 
(III) Staffing
Additional staffing and IT resources have been added to the
Response Team
and
Help Desk
.
 
(IV) Contact information
DDTC has published
contact information for additional DDTC staff. (Oh how we miss the old DDTC website that listed all DDTC’s contact information.)
 
Upcoming
– One-time reduction in registration fees for certain DDTC registrants.
– We hope electronic submissions for all GCs and broker prior approval requests!
 
A note on recordkeeping: If you need to take advantage of any of the deadline restrictions noted above, we recommend for the relevant registration, license, or request for information that you include a copy of the DDTC guidance in the applicable file. As many of us have experienced, past web guidance from DDTC sometimes seems to disappear from the site (or is buried in unknown corners). If three years from now when your company is experiencing the joy of a five-year compliance look back, a compliance monitor, an internal audit, or the love and attention of your outside counsel (yes, we know our reviews are painful too at times), you have the evidence of the extension already in your files and don’t need to use the Internet’s
Wayback Machine to try to find the guidance in the event it is removed from DDTC’s site.

COM_a212. Nicholas Turner: “Sanctions Top-5 for the Week Ending 24 Apr”
 
 
 

(Source:
Medium, 28 Apr 2020) [Excerpts]
 
* Author:
Nicholas Turner, Esq., 852-5998-7559,
Steptoe & Johnson HK 
 
Here are five things that happened this week in the world of economic sanctions that I think you should know about:
 

  (1) The New York Department of Financial Services (NYDFS) announced a Consent Order and USD 35 million fine against Industrial Bank of Korea (IBK) for breaches of New York State anti-money laundering (AML) regulations. The New York Attorney General and the US Attorney’s Office for the Southern District of New York simultaneously announced a Non-Prosecution Agreement and Deferred Prosecution Agreement, respectively, and a USD 51 million forfeiture, following a multi-year investigation. Among other compliance failures, IBK’s New York branch failed to detect transactions connected to a billion-dollar Iran-related fraud scheme.
 
  (2) The US Office of Foreign Assets Control (OFAC) issued a statement encouraging companies to contact the agency if they cannot meet regulatory reporting deadlines or other requirements as a result of the COVID-19 pandemic. The statement also suggests that OFAC will keep an open mind under its Economic Sanctions Enforcement Guidelines with respect to companies that are “temporarily reallocating sanctions compliance resources” as a result of COVID-19.
 
  (3) OFAC issued an amended Venezuela General License 8-F effectively requiring five companies, including Chevron, to wind down their activities in Venezuela. Whereas the old General License 8 allowed for the maintenance of certain operations in Venezuela, the new license only authorizes certain transactions and activities that are “ordinarily incident and necessary to the limited maintenance of essential operations, contracts, or other agreements . . . for safety or the preservation of assets in Venezuela” until 1 December 2020.
 
  (4) The United Nations Security Council committee concerning Central African Republic (CAR) added Martin Koumtamadji, leader of the militant Front Démocratique du Peuple Centrafricain (FDPC), to the UN Sanctions ListAccording to the listing, Koumtamadji, who founded the FDPC in 2005, poses “a threat to the peace, stability and security of the CAR,” despite taking part in an African Union-sponsored peace agreement signed in February 2019.
 
  (5) Citing data from Castellum.AI, The Wall Street Journal reported that Pakistan’s National Counter Terrorism Authority (NCTA) has deleted more than 3,800 names from a watch list used by local financial institutions to identify suspected terrorists. According to the article, the NCTA did not provide notice or an explanation at the time of the removals.
 

Comments
It was common knowledge in the industry that the NYDFS was looking into New York branches of Korean banks, so the IBK Consent Order was not entirely unexpected. What about OFAC? Although OFAC has worked closely with state and federal banking regulators on major settlements, there’s no reason it couldn’t bring an enforcement action on its own (it has before). No word if that is the case here. As for the NYDFS, the IBK Consent Order is a reminder of the regulatory risks for non-US banks with branches in the United States. New York AML regulations in particular set high standards, as demonstrated by numerous major enforcement actions against foreign banks in recent years. Meanwhile, branches outside the United States should have controls to prevent misuse of US correspondent accounts.

COM_a313.
SLD Info: “ITAR Compliance: How Software Can Help”

 
* Author: Kevin Deal, VP, Americas, Aerospace and Defense,

 
Although the regulations have been around for decades, the latest rules from the U.S. Departments of State and Commerce required companies around the world that manufacture, export or re-export ITAR (International Traffic in Arms Regulations)-controlled items to evaluate and amend their current authorizations and restructure compliance activities. Compliance failures can be extremely costly-in January 2020, Airbus agreed to pay more than $3.9 billion to resolve an ITAR and bribery case.
 
A Complex State of Affairs
Despite some recent streamlining, the ITAR complexity facing aerospace and defense manufacturers is significant, starting with the multiple regulatory documents with which manufacturers must meet, including the Commerce Control List (CCL), and the United States Munitions List (USML)-which both cover a variety of different items.

To confuse matters more, different agencies are responsible for different types of application procedures-the Department of Commerce for the CCL items and the Department of State controlling the USML items. Each agency has different ways of wording things, and different meanings for the same words. Manufacturers need to keep abreast of multiple Denied Party Lists, or Specially Designated Nationals and Blocked Persons Lists, and these are issued by various departments of government including the Department of the Treasury. The ideal end goal would be a single point of control, with a primary enforcement and coordination agency, a single IT system and a single licensing agency. But for now, A&D manufacturers must live with the fact that a lot of items are under ITAR control, other items are covered by the Export Administration Regulations (EAR), all while Department of the Treasury keeps track of sanctions that are in force against foreign nations.
 
The Compliance Challenge
One option to stay compliant is to put manual controls in place, by hiring export control compliance officers that try to keep tabs on orders and deliveries you are making to ensure you are not sharing forbidden materials with anyone on the control lists. This, of course, can be an extremely time-consuming and therefore a costly activity. A second option is to employ a service agency to provide analysis of the denied party listings and consolidate that information into a database which can be accessed for a fee.
Regardless of which compliance model you select, export control regulations will also have implications for your underlying enterprise systems, including enterprise resource planning (ERP). It will become more and more important to ensure any ERP solution used for defense manufacturing has functionality specifically designed for export control. A business dealing in regulated materials must be able to quickly and efficiently marshal this information from within their ERP system and combine it with external regulatory data to ensure compliance as they process orders and other transactions. They also must be able to share it with overseas partner companies in a frictionless environment.
 
Key Components
Without a fully integrated application suite allowing data to flow seamlessly between different functions such as supply chain management, manufacturing, engineering and customer relationship management (CRM), it is difficult to know which products, parts or transactions may put an A&D manufacturer in jeopardy. Rather than complex third-party solutions integrated between export control functions and ERP, a streamlined approach can be obtained with ERP that is already enabled to do the checks against third-party lists and manage orders, transactions and other activities accordingly. There are a number of key factors which should form a checklist of functionality when an A&D manufacturer is considering an ERP solution to aid with ITAR compliance:
 
  (1) Denied party checks – When committing to a sales order, the ERP software needs to check to ensure the order isn’t going to a denied party. This can be done through a link to a database of denied parties that is compiled and updated regularly by an agency or third-party. But you need to have confidence that you have checked the denied parties list before processing the order.
 
  (2) Management of part-specific regulatory schema – For items that might be export controlled, the parts catalog needs to hold that information and the ERP system needs to indicate which regulation and regulatory body covers the part or material and the classification or rating within that schema which applies to it.
 
  (3) Management on the assembly level – If a manufacturer is handling an order for an assembly, an ERP application needs to record the parts within that assembly and the extent to which they are covered by different export regulations and commodity jurisdictions.
 
  (4) License application & usage reporting – ERP must help enable you to identify, escalate and resolve licensing issues. The software must report on and monitor the consumption of licenses by orders and manage license consumption.
 
  (5) Secure document management – Some documents for control items have licenses that can only be viewed by certain authorized people. ERP with embedded, native document management functionality will be best suited to export control. Ideally, the same user permissions used in the ERP software to control access of sensitive data within the enterprise can be applied to the document management solution.
 
  (6) Control of the export of data and intangibles – The ERP system must offer at least some support in controlling processes such as shipment of a controlled product for display at an exposition, or exchange of data with overseas vendors.
 
  (7) International requirements – Regardless of where they are based, exporters often have operations in other countries, each with their own set of export controls regulations.
 
ITAR Compliance as a Must
Manufacturers and contractors in the aerospace and defense sector can ill afford expensive and jeopardizing litigation due to poor materials and equipment export control. Rather than opening up room for human error or paying for a third-party agency, ERP has come to the fore as a strategic enabler to unequivocally help A&D manufacturers prepare for, and meet, the legal requirements of ITAR.

COM_a414. Thomsen and Burke: “Commerce Tightens Restrictions on Exports to Country Group D:1, Including China, Russia and Venezuela”

 
* Principal Author:
Roszel C. Thomsen II
, Esq., 1-410-539-2596,
Thomsen and Burke LLP 
 
Summary
The Department of Commerce today
announced
two final rules and a proposed rule to the EAR that tighten restrictions on exports to Country Group D:1, including China, Russia and Venezuela. These rule changes would create new export licensing requirements for products that were otherwise eligible for export to these countries under License Exception or with No License Required.
 
These rule changes, which are expected to be published in the Federal Register tomorrow, April 28, include:
(1) Final Rule Expanding Military End Use/User Controls (MEU):
Expands MEU license requirements controls on China, Russia, and Venezuela to cover military end-users in all three countries, as well as items such as semiconductor equipment, sensors, and other technologies sought for military end use or by military end-users in these countries.
 
(2) Final Rule Removing License Exception Civil End Users (CIV):
Removes a license exception for exports, reexports, or transfers (in-country) to civilian end-users in countries of national security concern for National Security-(NS) controlled items.
 
(3) Proposed Rule Eliminating License Exception Additional Permissive Reexports (APR) Provisions:
Proposes to eliminate certain provisions of a license exception for partner countries involving the reexport of NS-controlled items to countries of national security concern to ensure consistent reviews of exports and reexports of U.S. items.
 
The MEU and CIV rule changes are expected to be published as final rules becoming effective 60 days after the date of publication.
 
The APR rule change is expected to be published as a proposed rule with comments due no later than 60 days of date of publication.
 
Impact of these Rule Changes
(a) Section 744.21 of the EAR is expanded to include additional items. Section 744.21 prohibits exports, reexports, and transfers to China, Russia and Venezuela intended for military end-use or for military end-users:
 
(b) Military end-use is expanded to mean incorporation into a military item described on the U.S. Munitions List (USML) (22 CFR part 121, International Traffic in Arms Regulations);
incorporation into items classified under ECCNs ending in “A018” or under “600 series” ECCNs; or any item that supports or contributes to the operation, installation, maintenance, repair, overhaul, refurbishing, “development,” or “production,” of military items described on the USML, or items classified under ECCNs ending in “A018” or under “600 series” ECCNs.
(c) Military end-user means the national armed services (army, navy, marine, air force, or coast guard), as well as the national guard and national police, government intelligence or reconnaissance organizations, or any person or entity whose actions or functions are intended to support military end-uses.
 
(d) The list of items subject to these requirements will be found in Supplement 2 to Part 744 of the EAR and includes items classified under the following ECCNs: 2A290, 2A291, 2B999, 2D290, 3A991, 3A992, 3A999, 3B991, 3B992, 3C992, 3D991, 5B991, 5A992, 5D992, 6A991, 6A996, and 9B990. The full details of the changes can be found in the
Public Inspection Notice
.
 
Changes to the AES/EEI filing requirements: AES/EEI filings will now be required for all U.S. exports of physical items to China, Russia, or Venezuela removing the $2,500 threshold for these shipments.
 
License Exception CIV will no longer be available to authorize exports of certain National Security-controlled items to civil end-users in Country Group D:1 for civil end-uses. These items will now require an export license from BIS. This applies to all ECCNs that include License Exception CIV eligibility. Some Examples of ECCNs impacted are:
 
ECCN 3A001.a.3: Certain chips manufactured from a compound semiconductor and operating at a clock frequency exceeding 40 MHz.
ECCN 3A001.a.7: Certain programmable logic devices (e.g. FPGAs).
ECCN 3E002: Deemed exports for certain microprocessor cores
 
Additional Online Resources:

COM_a515.
Tuttle Law: “Update on U.S.-Mexico-Canada Agreement (USMCA) US Customs Interim Implementing Instruction”

 
* Author:
George R. Tuttle III, Esq., 1-415-254-5986, Tuttle Law
 
Implementation of the long awaited USMCA is inching closer to fruition, but we are not there yet!
 
Where are We in the Process?
The agreement provides that the USMCA will take effect on the first day of the third month
after all three countries
have given their notice of readiness to comply with its new measures.
 
Canada’s Parliament passed its version of the USMCA (CUSMA) on March 13, 2020, and both Canada and Mexico notified the United States on April 2, 2020 that they have finished their ratification process and are now ready to implement the revised North American trade agreement. Neither Canada nor Mexico has yet, however, published their implementing regulations, which will guide Canadian and Mexican importers as well as U.S. exporters in what they will need to do to claim eligibility under the new agreement.
 
On Friday, April 24,
U.S. Trade Representative announced the readiness of the United States to participate in the revised trade pact. This means that implementation of the new agreement is now slated to take effect on July 1, 2020.
 
U.S. lawmakers have asked the USTR to delay the implementation of the USMCA rules of origin for automobile and truck eligibility to give automakers time to adjust in light of the COVID-19 crisis. Mexico’s government also recently requested the United States and Canada grant its automotive industry extra time to adapt its supply chains for autos and trucks. The Mexican auto lobby AMIA said that 90 days is not enough time for carmakers to adapt supply chains to meet the rules of origin requirements in the USMCA by the July 1 date and urged authorities to postpone implementation until January 2021.
 
US Customs Publishes USMCA Interim Implementing Instructions
CBP has posted a 64-page guide that provides additional detail and instruction for compliance with the rules of origin that includes chapters on automotive and textiles rules of origin under the USMCA. The instructions are available
here.
 
To support the USMCA implementation, CBP is in the process of revising section 182 of the Customs Regulations (19 CFR 182) to include USMCA Uniform Regulations, Domestic Regulations and the Appendix. The Harmonized Code will be amended to include General Note 11 on USMCA rules of origin. NAFTA is currently provided for in General Note 12 of the HTSUS. The interim implementing instructions are subject to change pending issuance of GN 11 and 19 CFR 182. Until the USMCA enters into force, NAFTA remains in effect.
 
In the recent
CSMS #42429822 of April 20, 2020, CBP has advised the trade community of the release of “interim implementing instructions.” These interim instructions are intended to provide information and early guidance on CBP’s new regulations, including claiming preferential treatment for goods. Message 42429822 lists the following websites for further information:
 
(3)
The Final Text of USMCA Agreement (December 13, 2019)
 
US CBP Published Frequently Asked Questions
 
CBP’s interim implementing instructions includes a number of FAQ’s including:
 
 
The USMCA does not require a specific certificate of origin as does NAFTA. CBP Form 434 is not mandatory under the USMCA.
 
A claim for preferential treatment under the USMCA should contain nine minimum data elements. These data elements are set out in the USMCA’s Annex 5-A (Minimum Data Elements). The data elements must indicate that the goods claiming preferential treatment originate and meet the requirements of USMCA Chapter 5. This information may be provided on an invoice or any other document. The information must describe the originating goods in sufficient detail to enable their identification and meet the requirements as set out in the Uniform Regulations. For more information see
Chapter 5 Origin Procedures, Article 5.2 and Annex 5-A. Additional guidance materials will be published by CBP in advance of the USMCA’s entry into force.
 
 
NAFTA rules will remain in effect until the USMCA enters into force. For automotive products under headings 87.01 through 87.08, there is a transitional period for up to three years and alternative staging regime options (coordinated by the U.S. Trade Representative) for up to five years. Additional compliance guidance for the USMCA’s automotive rules of origin is pending. For more information see
USMCA Ch. 4 – Rules of Origin. For all other commodities, USMCA rules will replace NAFTA rules on the date the agreement enters into force. There will be a new Special Program Indicator (SPI) for USMCA claims. NAFTA’s SPI Indicator will be accepted for claims on merchandise that are entered prior to the USMCA’s entry into force.
 
 
The USMCA contains new criteria for the rules of origin for automotive and automotive part imports. These new criteria include increases in the regional value content, new North American steel and aluminum procurement requirements, and labor value content. These new criteria will require additional attention by importers to ensure compliance. For more information see
USMCA Ch. 4 – Rules of Origin. Other impacted industry groups include manufactured goods, textile and apparel, and agricultural good sectors.
 
USTR has also announced the procedures for the submission of petitions by North American producers of passenger vehicles or light trucks to use the alternative staging regime for the USMCA rules of origin for automotive goods, available
here. The agreement already includes a standard staging regime available to all vehicle producers, but it also allows vehicle producers to request an alternative staging regime that would permit a longer period of transition to help ensure that future production is able to meet the new rules. The Federal Register Notice identifies the information a vehicle producer must include in its alternative staging proposal, as well as procedures for submission. To be assured of consideration, a vehicle producer must submit a petition with a draft alternative staging plan no later than July 1, 2020, and a vehicle producer must submit a petition with its final alternative staging plan no later than August 31, 2020.
 
 
The USMCA modifies the chapter rules for goods classified in HTS chapters 61 and 62. However, the revised tariff shift rules maintain the basic concepts established under NAFTA with a few modifications.
 
These rules allow manufacturers to use textile inputs not generally available in North America (such as rayon fibers and visible lining fabric). Other changes under the USMCA require that sewing thread, pocketing fabric, narrow elastic bands, and coated fabric used in the production of apparel be made in North America in order for those products to be treated as originating (under the current NAFTA, these items can be sourced from outside the region – USMCA ensures these secondary components originate within the region).
 
The USMCA increases the de minimis percentage of non-originating inputs allowed in qualifying goods from 7% to 10% (within the overall 10% cap, the total weight of elastomeric content may not exceed 7%).
 
The USMCA establishes a textiles chapter for North American trade (see Article 6
Textiles and Apparel), including textile-specific verification and customs cooperation provisions that provide new tools for strengthening customs enforcement and preventing fraud.
 
The USMCA reduces some TPLs for US imports from Canada and Mexico while substantially increasing TPLs for US exports to Canada of apparel and other finished textile goods.
 
 
The USMCA requires new criteria for automotive goods that are not present in NAFTA, including:
 
(a) Increased Regional Value Content from 62.5% to 75%, increased in stages over a period three years.
 
(b) Labor Value Content (40-45% percent of the value of the imported automobile must be sourced from manufacturing facilities where workers earn at least $16 USD per hour. The U.S. Department of Labor will be performing the assessment of manufacturing facility eligibility, with CBP determining value of the parts, the overall automobile, and the overall Labor Value Content determination.
 
(c) Steel and Aluminum (At least 70% of a vehicle producer’s annual steel and aluminum procurement must originate from North America). CBP will issue compliance guidance in advance of implementation. For more information select USMCA Ch. 4 – Rules of Origin.
 
What Should the Trade Community do to Comply with the New USMCA Rules and Requirements?
 
Pending release of the final implementation regulations, U.S. importers and exporters are strongly advised to review
USMCA Ch. 4 – Rules of Origin and the product specific rules that are in ANNEX 4-B and verify any specific changes in their rules of origin. During this interim period U.S. importers and exporters should verify with their Canadian and Mexican counterparts how the new rules regarding changes to the certificate of origin process found in Article 5 Origin Procedures will be addressed in time for the new implementation date of July 1, 2020.

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_a1
16.
ECS Presents Webinar “ITAR/EAR Boot Camp:  Achieving Compliance” on 7-8 Jul
(Source: ECS)
 
*What: ITAR/EAR Boot Camp: Achieving Compliance
*When: 7-8 Jul
*Where:  Online
*Sponsor: Export Compliance Solutions & Consulting
*Presenter: Suzanne Palmer, Mal Zerden
*Register 

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

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

TE_a2
17. FCC Academy Presents Webinar: “An Introduction to EU/Dutch Dual-use and Military Export Controls”; 12 May

 
* What: Introduction to EU / Dutch Dual-Use and Military Export Controls
* When: 12 May 
* Where:  Online
* Sponsor: FCC Academy 
* Presenter: Marco F.N. Crombach MSc (Director)
* Register: 

here
, and email
 events@fullcirclecompliance.eu

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

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

ENEDITOR’S NOTES

EN_a119. Bartlett’s Unfamiliar Quotations

(Source: Editor)
 

* James Monroe (28 Apr 1758 – 4 Jul 1831; was an American statesman, lawyer, diplomat and U.S. Founding Father who served as the fifth president of the United States from 1817 to 182. He is perhaps best known for issuing the Monroe Doctrine, a policy of opposing European colonialism in the Americas.)  
– “A little flattery will support a man through great fatigue.”

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

 

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: Civil Monetary Penalty Adjustments for Inflation.

DOC EXPORT ADMINISTRATION REGULATIONS (EAR): 15 CFR Subtit. B, Ch. VII, Pts. 730-774.

28 Apr 2020:
85 FR 23470
: Elimination of License Exception Civil End Users (CIV).
 

 

DOC FOREIGN TRADE REGULATIONS (FTR): 15 CFR Part 30.   Last Amendment: 24 Apr 2018: 83 FR 17749: 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: Bump-Stock-Type Devices.

DOS INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR): 22 C.F.R. Ch. I, Subch. M, Pts. 120-130.  26 Dec 2019: 84 FR 70887; 23 Jan 2020: 85 FR 3819: Encryption rule and USML Categories I, II, III, and related sections regarding guns & ammo. 
 
DOT FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders

10 Apr 2020:
85 FR 20158:

North Korea Sanctions Regulations. 

 
 
 
 
USITC HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA), Revision 8.

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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