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20-0605 Friday “Daily Bugle”

20-0605 Friday “Daily Bugle”

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Friday, 05 June 2020

  1. Commerce/BIS: “Addition of Entities to the Entity List; Revision of Certain Entries on the Entity List”
  2. Commerce/BIS: “Addition of Certain Entities to the Entity List; Revision of Existing Entries on the Entity List”
  3. DHS/CBP: “Elimination of Customs Broker District Permit Fee”
  4. DHS/CBP: “Modernization of the Customs Brokers Regulations”
  5. Treasury/OFAC: “Syria-Related Sanctions Regulations”
  6. USTR: “Initiation of Section 301 Investigations of Digital Services Taxes”
  1. Items Scheduled for Future Federal Register Edition
  2. Commerce/BIS: (No new postings)
  3. State/DDTC: (No new postings)
  4. EU Commission Reports on Latest Negotiating Round with Australia
  1. EU Sanctions: “UNICEF Granted 1-Year UN Sanctions Exemption For N. Korea Aid”
  1. Baker McKenzie: “US Intends to End Hong Kong’s Special Status Under US Law Since It Is No Longer ‘Sufficiently Autonomous’ “
  2. Gibson Dunn: “DOJ Updates Guidance Regarding Its ‘Evaluation of Corporate Compliance Programs’ “
  3. Husch Blackwell: ” USTR Releases Uniform Regulations for U.S.-Mexico-Canada Agreement (USMCA)”
  1. NCITD Announces 2020-2021 International Trade Scholarship Recipients
  1. FCC Academy Presents June Webinars: “U.S. Export Controls: ITAR, EAR, and FMS”
  2. Friday List of Approaching Events: 237 Events Posted This Week, Including 10 New Events
  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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EXIM ITEMS FROM TODAY’S FEDERAL REGISTER

 
* 85 FR 34495: Final Rule
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Final rule.
* SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-four entities, under twenty-five entries, to the Entity List. These twenty-four entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The entities are located under the destination of the People’s Republic of China (China), Hong Kong and the United Kingdom (U.K.). This rule also modifies three existing entries on the Entity List under the destination of China.
* DATES: This rule is effective June 5, 2020.

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

 
* 85 FR 34503: Final Rule
* AGENCY: Bureau of Industry and Security, Commerce
* ACTION: Final rule.
* SUMMARY: This final rule amends the Export Administration Regulations (EAR) by adding nine entities to the Entity List. These nine entities have been determined by the U.S. Government to be acting contrary to the foreign policy interests of the United States and will be listed on the Entity List under the destination of the People’s Republic of China (China). This rule also modifies two entries and revises one entry on the Entity List under the destination of China.
* DATES: This rule is effective June 5, 2020.

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

 
* 85 FR 34549
* AGENCY: U.S. Customs and Border Protection, DHS; Department of the Treasury.
* ACTION: Notice of proposed rulemaking.
* SUMMARY: This document proposes to amend the U.S. Customs and Border Protection (CBP) regulations to eliminate customs broker district permit fees. Concurrently with this document, CBP is publishing a notice of proposed rulemaking to, among other things, eliminate customs broker districts (see “Modernization of the Customs Brokers Regulations” RIN 1651-AB16). Specifically, CBP proposes to transition all brokers to national permits and to expand the scope of the national permit authority to allow national permit holders to conduct any type of customs business throughout the customs territory of the United States. By transitioning to a national permit, CBP also proposes to eliminate the requirements for brokers to maintain district permits. As a result, CBP proposes the conforming amendments discussed in this document to eliminate customs broker district permit fees.
* DATES: Comments must be received on or before August 4, 2020.
* ADDRESSES: You may submit comments, identified by docket number, by one of the following methods:
  • Federal eRulemaking Portal at http://www.regulations.gov. Follow the instructions for submitting comments via Docket No. USCBP-2020-0010.
  • Mail: Trade and Commercial Regulations Branch, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, 90 K Street NE, 10th Floor, Washington, DC 20229-1177.
Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” heading of the Start Printed Page 34550 SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov. Submitted comments may be inspected during regular business days between the hours of 9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, 90 K Street NE, 10th Floor, Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Ms. Cammy Canedo at (202) 325-0439.

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

 
* 85 FR 34836: Proposed Rule
* AGENCY: U.S. Customs and Border Protection, DHS.
* ACTION: Notice of proposed rulemaking.
* SUMMARY: This document proposes to amend the U.S. Customs and Border Protection (CBP) regulations by modernizing the customs brokers regulations to coincide with the development of CBP trade initiatives including, the Automated Commercial Environment (ACE) and the Centers of Excellence and Expertise (Centers).  
   Specifically, CBP proposes to transition all brokers to national permits and to eliminate broker districts and district permits.  
   CBP is also proposing, among other changes, to update the responsible supervision and control oversight framework, ensure that customs business is conducted within the United States, and require that the customs broker have direct communication with the importer.  
   Additionally, CBP proposes to raise the broker license application fees to recover some of the costs associated with reviewing the customs broker license application and conducting the necessary vetting for individuals and business entities (i.e., corporations, partnerships, and associations).  
   The Department of the Treasury retains authority over CBP regulations relating to customs revenue in accordance with the Homeland Security Act of 2002. Accordingly, CBP is publishing a concurrent notice of proposed rulemaking to eliminate all references to customs broker district permit fees (See “Removal of References to Customs Broker District Permit Fee” RIN 1515-AE43).
* DATES: Comments must be received on or before August 4, 2020.
* ADDRESSES: You may submit comments, identified by docket number, by one of the following methods:
  • Federal eRulemaking Portal at http://www.regulations.gov. Follow the instructions for submitting comments via Docket No. USCBP-2020-0009.
  • Mail: Trade and Commercial Regulations Branch, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, 90 K Street NE, 10th Floor, Washington, DC 20229-1177.
Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov. Submitted comments may be inspected during regular business days between the hours of 9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, 90 K Street NE, 10th Floor, Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Ms. Cammy Canedo at (202) 325-0439.

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

 
* 85 FR 34510: Final Rule
* AGENCY: Office of Foreign Assets Control, Treasury.
* ACTION: Final rule.
* SUMMARY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is adding regulations to implement Executive Order 13894 of October 14, 2019 (“Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Syria”). OFAC intends to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, general licenses, and statements of licensing policy.
* DATES: This rule is effective June 5, 2020.

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

 
* 85 FR 34709: Notice
* AGENCY: Office of the United States Trade Representative.
* ACTION: Notice of initiation of investigations, and request for comments.
* SUMMARY: The U.S. Trade Representative is initiating investigations with respect to Digital Services Taxes (DSTs) adopted or under consideration by Austria, Brazil, the Czech Republic, the European Union, India, Indonesia, Italy, Spain, Turkey, and the United Kingdom. The Office of the United States Trade Representative (USTR) is seeking public comments in connection with these investigations.
* DATES: To be assured of consideration, you must submit written comments by July 15, 2020.
* ADDRESSES: You should submit written comments through the Federal eRulemaking Portal: http://www.regulations.gov (Regulations.gov). Follow the instructions for submitting comments in section IV. The docket number is USTR-2020-0022. For issues with on-line submissions, please contact the USTR Section 301 line at 202-395-5725.

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

OGS OTHER GOVERNMENT SOURCES

(Source:
Federal Register
)
 
* USTR: Notices; Product Exclusion Amendment: China’s Acts, Policies, and Practices Related to Technology Tr
ansfer, Intellectual Property, and Innovation [Pub. Date: 8 Jun 2020) (PDF)

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

OGS_a28. Commerce/BIS: (No new postings)

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

OGS_a3
9. State/DDTC: (No new postings)

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

 
   As part of its transparency commitment, the European Commission today published the report summarising progress made during the latest negotiation round for the EU-Australia trade agreement.
The seventh round of negotiations for an EU-Australia trade agreement was held virtually from 4 to 15 May 2020. By holding this round, the EU and Australia demonstrated a commitment to progress in the negotiations, despite the current difficult context. The discussions confirmed a shared commitment to rules-based trade as well as to helping both economies recover from the global pandemic.
   The constructive discussions allowed progress in a number of areas such as dispute settlement, customs and trade facilitation, competition, services and investment.
 
EU-Australia trade agreement:
 
Report of 7th negotiation round
 

More information about the

 
EU-Australia trade negotiations

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

COM NEWS

NWS_a111. EU Sanctions: “UNICEF Granted 1-Year UN Sanctions Exemption For N. Korea Aid”
(Source: EU Sanctions, 5 Jun 2020) [Excerpts]
 
The UN Security Council has 
granted
 UNICEF’s request for exemption from UN sanctions to allow for shipments of items necessary for UNICEF’s North Korea humanitarian programmes in areas including health, nutrition, sanitation, hygiene, safe water supply and hospital treatment. The exemption has been granted for 
1 year, rather than for 6 months as provided by the UNSC 1718 Sanctions Committee
 
guidelines, due to the manufacturing and logistics challenges presented by the Covid-19 pandemic.

COM COMMENTARY

 
* Principal Author:
Alison J. Stafford Powell
, Esq., 1-650-856-5531,
Baker McKenzie
 
   On May 29, 2020, the president announced in a White House 
press conference
 the Administration’s determination that Hong Kong is no longer sufficiently autonomous from the People’s Republic of China (“PRC”), and that the US Government would take “strong and meaningful” steps to “begin the process” of reviewing and revoking the “full range of agreements” that currently provide Hong Kong with preferential treatment.  This determination follows Secretary of State Michael   Pompeo’s 
certification
 to Congress on May 27, 2020 that Hong Kong no longer maintains a sufficient degree of autonomy from the PRC to warrant special treatment by the US. The president’s announcement and Secretary Pompeo’s certification were made in response to the May 28, 2020 decision of the PRC National People’s Congress to draft national security legislation for Hong Kong. 
   These actions by themselves do not have any immediate impact on the treatment of Hong Kong for trade or other purposes and there is no timeline for further action.  However, there are several key areas that could be implicated in the coming months as a result of this determination. 
 
Background 
   Under the 
United States-Hong Kong Policy Act of 1992
 (the “Hong Kong Policy Act”), Hong Kong is provided “different” treatment by the US Government than that provided to the PRC so long as Hong Kong remains “sufficiently autonomous” under the “one country, two systems” principle.  This includes special treatment in areas including but not limited to customs tariffs, export controls, immigration, foreign investment, and extradition. The Hong Kong Policy Act directs the US Secretary of State to submit annual reports to the appropriate congressional committees on conditions in Hong Kong of interest to the United States, including matters relevant for the purposes of determining whether Hong Kong remains “sufficiently autonomous” from the PRC. In conjunction with the annual report and pursuant to amendments to the Hong Kong Policy Act made by the 
Hong Kong Human Rights and Democracy Act of 2019
 passed into law in November 2019, the Secretary of State is also required to issue an annual certification to Congress that indicates, among other things, whether Hong Kong continues to warrant its preferential treatment under US law.  
   Secretary Pompeo delayed submitting the annual report this year to allow him time “to account for any additional actions that Beijing may be contemplating in the run-up” to the PRC’s May 22 National People’s Congress “that would further undermine the people of Hong Kong’s autonomy.”  Then, on May 27, 2020, Secretary Pompeo 
certified
 to Congress that Hong Kong no longer warrants different treatment from the PRC.  On May 28, 2020, the State Department issued the 
2020 Hong Kong Policy Act Report
, which, among other things, concluded that “China has shed any pretence that the people of Hong Kong enjoy the high degree of autonomy, democratic institutions, and civil liberties guaranteed to them by the Sino-British Joint Declaration and the Basic Law.”  

(Source:
Gibson Dunn
, 3 Jun 2020)

 
* Principal Author:
F. Joseph Warin
, Esq., 1-202-887-3609,
Gibson, Dunn & Crutcher LLP
 
   On Monday, June 1, 2020, the U.S. Department of Justice (“DOJ”) Criminal Division issued, without fanfare, updated guidance on the “Evaluation of Corporate Compliance Programs” (the “Compliance Program Update” or “Update”), which sets out considerations for DOJ prosecutors to take into account when assessing corporate compliance programs, making charging decisions, and negotiating resolutions. Previous iterations of the document (covered in our 
2017 Mid-Year FCPA Update
 
and 
May 3, 2019 Client Alert
) have been a valuable resource for companies as they design, maintain, and evaluate their corporate compliance programs, and the Update provides welcome insight into how DOJ’s thinking is evolving, particularly with respect to risk assessments, monitoring, and resources. Assistant Attorney General Brian Benczkowski noted that the Update “reflects additions based on [DOJ’s] own experience and important feedback from the business and compliance communities.”
   The Compliance Program Update emphasizes DOJ’s commitment to a flexible approach when evaluating corporate compliance programs that takes individual companies’ circumstances into account within the framework of existing guidance. Specifically, the Update calls for “a reasonable, individualized determination in each case” (emphasis added) of the effectiveness of a company’s compliance program, including its “size, industry, geographic footprint, and regulatory landscape,” with a dual focus on the program in effect at the time of the underlying conduct and the program in effect at the time of resolution. The Update also reflects the ongoing evolution and increasing sophistication of DOJ’s compliance program expectations, with an emphasis on allocating adequate resources to the compliance function, an increased focus on using ongoing, data-driven monitoring of risks to guide the design and implementation of the compliance program, and the inclusion of more granular guidance regarding DOJ’s expectations.
   Building on DOJ’s previous guidance and consistent with the Justice Manual, which sets forth the principles guiding prosecution of companies, the Compliance Program Update instructs prosecutors to ask three “fundamental questions” when evaluating a corporate compliance program. Together, the questions seek to evaluate whether companies combine a thoughtfully designed program with the resources and culture necessary to create a program that works effectively in practice:
  • “Is the corporation’s compliance program well designed?” (unchanged from previous guidance)
  • “Is the program being applied earnestly and in good faith?” In other words, is the program adequately resourced and empowered to function effectively? (updated to include the words “adequately resourced and empowered to function,” placing a more explicit emphasis on companies’ demonstrated commitment to compliance)
  • “Does the corporation’s compliance program work” in practice? (unchanged from previous guidance)
   Under each of the questions noted above, and consistent with prior guidance, the Update provides 12 compliance topics related to the core elements of effective compliance programs: effective policies and procedures, training, reporting mechanisms and investigations, third-party due diligence, tone from the top, compliance independence and resources, incentives and disciplinary measures, and periodic testing and review. The Update clarifies that prosecutors will consider these topics “both at the time of the offense and at the time of the charging decision and resolution.”
 
KEY TAKEAWAYS OF THE COMPLIANCE PROGRAM UPDATE
   Confirming our philosophy that there is no “one size fits all” approach to compliance and that an effective compliance program is tailored to a company’s unique characteristics and risks, the Compliance Program Update demonstrates an evolving understanding of how companies’ compliance programs operate and a willingness to engage with the specific circumstances that influence the design of a company’s compliance program. For example, the Update now instructs prosecutors to consider why a company has “chosen to set up the compliance program the way that it has, and why and how the company’s compliance program has evolved over time,” and to consider “the reasons for the structural choices the company has made.” Other revisions include:
   (1) Importance of Ongoing Risk Assessments
: The Update asks prosecutors to consider whether risk assessments are based on “continuous access to operational data and information across functions” rather than a “snapshot” in time. The Compliance Program Update also now asks prosecutors to specifically consider how companies implement any learnings from their periodic reviews in policies, procedures, and controls, and increases the emphasis on lessons learned. For example, the Compliance Program Update asks prosecutors to consider whether the company tracks and incorporates any of these lessons into its periodic risk assessments. Moreover, the Update takes a broad view of “lessons learned,” suggesting that companies not only draw from their own experiences, but also learn from issues that have beset other companies operating in the same industry and/or geographic region. This approach is something many companies already do to remain familiar with relevant industry trends, enforcement actions, and good practices.
   (2) Importance of Adequate Resources and Accessibility
: Not surprisingly, the Compliance Program Update continues to focus heavily on assessing whether compliance programs are adequately resourced and accessible to employees. For example, it instructs prosecutors to identify how companies publish their policies and procedures, track how their policies and procedures are accessed to determine which policies attract more attention than others, and ensure that employees have the tools needed to ensure compliance. This requirement reflects DOJ’s emphasis on ensuring that compliance program requirements are followed in practice. Notably, the Update also adds a new set of questions related to the compliance function’s “access to relevant sources of data to allow for timely and effective monitoring and/or testing.”
   (3) Testing the Design of the Program
: The Update suggests additional ways companies can test the design of their compliance programs. For example, while recognizing that companies may choose to invest in targeted compliance training programs that equip employees with sufficient knowledge for identifying and raising compliance issues to appropriate company functions, the Compliance Program Update also asks whether there is a process for employees to ask questions arising from training sessions and whether the company has evaluated how training has impacted employee behavior or operations. When evaluating the effectiveness of confidential reporting structures, such as hotlines, companies also are expected to take measures to test whether employees are aware of the hotline and feel comfortable using it, as well as to track reports from start to finish.
   (4) Continued Focus on Third Parties
: The Compliance Program Update reflects DOJ’s continued real-world focus on third-party risks and the corresponding expectation that companies carefully manage third parties “throughout the lifespan of the relationship,” and not just during the onboarding process. Although DOJ recognizes that “the need for, and degree of, appropriate due diligence may vary” based on different factors, the revisions make clear that DOJ expects companies to take a thoughtful approach to their third-party relationships and that simply conducting cookie-cutter due diligence at the outset of a relationship will be insufficient to meet DOJ’s expectations. Accordingly, the Update suggests, companies should document the business rationale for utilizing a third party; conduct appropriate due diligence based on the third party’s particular risk profile; incorporate relevant anti-corruption compliance provisions in third-party contracts; and “engage in risk management of third parties throughout the lifespan of the relationship,” with ongoing monitoring and training. Clearly, the overwhelming number of DOJ resolutions in which third party agents, intermediaries, and distributors are the conduit for corrupt payments inform this Update. Practically, companies should review third parties annually and obtain from them a certification of compliance.
   (5) M&A Due Diligence:
 
The Update recognizes that pre-acquisition due diligence may not always be possible (and, if so, expects companies to be able to explain why it was not possible), but emphasizes that companies will be expected to justify their approach if they conduct less than typical pre-acquisition due diligence. The Compliance Program Update reiterates DOJ’s expectation that companies integrate newly acquired entities into their existing compliance program structures and internal controls in a timely and orderly fashion and particularly highlights the importance of post-acquisition audits.
 
   The Update enhances the corporate understanding of DOJ’s evolving views on what good practices DOJ considers to be components of an effective corporate compliance program. For example, it reinforces the need for companies to “foster a culture of ethics and compliance with the law at all levels of the company” (emphasis added). This revised language continues a shift
, as DOJ broadens its compliance culture focus on the “tone at the top” to encompass the “tone at the middle,” and elsewhere.
   Although not a game-changer, the Update amplifies DOJ’s core themes: tailored, company-specific compliance programs enhanced by continuous inputs from the company’s real business experiences, which DOJ characterizes as “lessons learned.” In the future, it might be prudent for DOJ to address financial and accounting system structures and approaches, as money is the lifeblood of all corruption. As with prior guidance, companies can use the Update as a benchmark to evaluate their existing compliance programs. Companies also should expect to see complementary revisions in DOJ’s template for “Attachment C,” which is appended to DOJ’s corporate resolutions and sets forth DOJ’s minimum expectations for corporate compliance programs in that context. Finally, companies also should consider complementary guidance from other U.S. agencies and international organizations-particularly the resources linked at the end of the Update, which in many instances reflect growing consensus regarding governmental expectations for corporate compliance programs.


 
* Principal Author: 
Nithya Nagarajan
, Esq., 1-202-378-2409, 
Husch Blackwell LLP
 
The Office of the U.S. Trade Representative (“USTR”) released the final implementing regulations of the U.S.-Mexico-Canada Agreement (“USMCA”) on June 3, 2020, an important step for when the USMCA goes into effect on July 1, 2020. The implementing regulations cover the interpretation, application, and administration of the rules of origin, textile and apparel goods, and customs administration and trade facilitation.
Depending on the product in question, the USMCA rules of origin may or may not change from those currently applied under NAFTA. As a result, U.S. importers should not assume that NAFTA-eligible products will remain eligible under the USMCA (or vice versa) and should evaluate the new rules of origin carefully for their products.

TE EX/IM MOVERS & SHAKERS

MS_a1
15. NCITD Announces 2020-2021 International Trade Scholarship Recipients
(Source:

Suzanne Kao
) [Excerpts]

  The National Council on International Trade Development (NCITD) is pleased to announce the 2020-2021 NCITD International Trade Scholarship recipients.     Begun in 2010, the NCITD International Trade Scholarship is for students pursuing undergraduate, graduate or professional degrees who have an interest in pursuing a career in international trade, which they demonstrate through their education, work experience, volunteering, or any other extracurricular activities related to international trade. …

NCITD awarded scholarship funds to the following students:

  • Alexandra Daniels – JD/LLM in International and Comparative Law, Duke University School of Law.
  • Erika Hackett – JD, The George Washington University Law School.
  • Nathan Lotz – Masters in International Commerce and Policy, George Mason University.
  • Julius Moye – Dual Masters in International Trade & Economic Diplomacy and Nonproliferation & Terrorism Studies, Middlebury Institute of International Studies at Monterey.
  • Ricardo Pereira – Masters in Government Contracts, Joint Program, The George Washington University School of Business and Law School
  • Amanda Sterling – JD, Temple University, Beasley School of Law
  • Madeline Tweden – Masters in International Affairs, Texas A&M University

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

TE EX/IM TRAINING EVENTS & CONFERENCES

(Sources: Event sponsors)  
 

Submit your event in the Submission section at the end of this newsletter.  
 
[Editor’s note:  This Daily Bugle Event List has grown so large that we have run out of space to display it, so we are displaying here only the new events in the Daily Bugle, while maintaining a 
LINK HERE to the full list.]
 

On-Line:
 

* 8 Jun: “
Protecting the Crown Jewels
“; Akin Gump
* 9 Jun: “
Site Visits, Enforcement Actions and Voluntary Disclosures

;
U.S. Commercial Service
* 10 Jun:
“Force Majeure” Provisions in International Contracts
;
Women in Trade – Northern California (WIT-NC)
* 11 Jun: “
U.S. Aerospace Export Controls Webinar

; Commerce/BIS
* 16 Jun: “
USMCA featuring CBP
“;
NAFTZ
* 16 Jun: “
USMCA: General Overview
“;
Sandler, Travis & Rosenberg
* 24 Jun: “
THE INS & OUTS OF IN-BONDS

; NAFTZ
* On Demand Webinar: “
US Energy Security: Impacts of Executive Order 13920

; Steptoe & Johnson

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

EN EDITOR’S NOTES

EN_a118. Bartlett’s Unfamiliar Quotations

(Source: Editor)
  

* Adam Smith (5 Jun 1723 – 17 July 1790; was a Scottish economist, philosopher, and author as well as a moral philosopher, a pioneer of political economy and a key figure during the Scottish Enlightenment, also known as ”The Father of Economics” or ”The Father of Capitalism”.  Smith wrote two classic works, The Theory of Moral Sentiments (1759) and An Inquiry into the Nature and Causes of the Wealth of Nations (1776). The latter, often abbreviated as The Wealth of Nations, is considered his magnum opus and the first modern work of economics.)
  – “It is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own interest.”
 

Friday Funnies
* The World Health Organization has announced that dogs cannot contract Covid-19. Dogs previously held in quarantine can now be released. To be clear, WHO let the dogs out.
* I can tell you a Coronavirus joke now, but I’ll have to wait two weeks to see if you got it.
* I ran out of toilet paper and had to start using old newspapers. Times are rough.
* What do you call panic-buying of sausage and cheese in Germany? The Wurst Kase scenario.
* The grocery stores in France look like tornadoes hit them. All that’s left is de brie.

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

 

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.

5 June 2020: 85 FR 34495 and 85 FR 34503: Additions and Amendments of the Entity List.   
 
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. 
6 May 2020: 85 FR 26847, Notice (not an amendment) temporarily reducing the registration fee schedule in ITAR 122.3 until April 30, 2021. 

 

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

5 Jun 2020:
85 FR 84510:

Syria 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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