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20-0616 Tuesday “Daily Bugle”

20-0616 Tuesday “Daily Bugle”

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Tuesday, 16 June 2020

(No items of interest posted) 

  1. Items Scheduled for Future Federal Register Edition
  2. Commerce/BIS: “New BIS License Type C63 – (YFA) for ECCN 0A501.y Firearms Related Commodities”
  3. State/DDTC: (No new postings)
  4. EU Commission Kicks Off Major EU Trade Policy Review
  5. EU Imposes Restrictive Measures Against Persons Acting in Violation of The Arms Embargo in Congo
  6. Singapore Customs: “Tradenet Extended Downtime on 28 Jun from 04:00-12:00”
  1. EU Sanctions: “US Renews Belarus Sanctions for 1 Year”
  2. Reuters: “What Do New U.S. Sanctions Mean for Syria?”
  1. Nicholas Turner: “Sanctions Top-5 for the Week Ending 12 June”
  2. ST&R Trade Report: “Economic Impact of U.S. FTAs to Be Reviewed by ITC”
  1. ECTI Presents: Foods, Supplements, Cosmetics, Devices…Oh My: How the FDA Regulates More Than You May Think! Webinar; 24 Jun
  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

 
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OGS OTHER GOVERNMENT SOURCES

(Source:
Federal Register
)
 
* Commerce/BIS: RULES; Implementation of the February 2020 Australia Group Intersessional Decisions: Addition of Certain Rigid-Walled, Single-Use Cultivation Chambers and Precursor Chemic
als to the Commerce Control List [Pub. Date: 17 Jun 2020] (PDF)
* Commerce/BIS: RULES; Release of Technology to Certain Entities on the Entity List in the Context of Standards Organizations [Pub. Date: 18 Jun 2020] (PDF

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

(Source:
Commerce/BIS
), 15 Jun 2020)  

 
  On Thursday, January 23, 2020, the Department of Commerce, Bureau of Industry and Security published a final rule (https://www.govinfo.gov/content/pkg/FR-2020-01-23/pdf/2020-00573.pdf) that became effective March 9, 2020.  As a result of this rule, the following change will be made to AES in order for exporters and authorized agents to successfully report electronic export information in the AES.

 A New License Type has been added to the Automated Export System.
  Prior to this AES change, the license type C60 (DY6) was used for Export Control Classification Number (ECCN) 0A501 when reporting a commodity classified under 0A501.y in AES.  C60 (DY6) is also used for .y “600 series” or 9×515 ECCNs and will continue to be reported for “600 series” and 9×515 .y items.
  A change has been made to AES to create a new license type C63 (YFA) that will be specific to the .y commodities that do not have the same destination controls as the “600 series” .y and 9×515 .y commodities to ensure exporters and authorized agents can successfully report electronic export information in the AES for these commodities.
  United States Principal Parties in Interest (USPPIs) and their authorized filing agents (AES filers) must adhere to the following new reporting when using C63 (YFA) to prevent the return of fatal errors from AES.

  • C63 (YFA) – Reporting an ECCN is not required except for China, Russia, and Venezuela (as of June 29, 2020), but when reported, only the following ECCN is eligible: y.  When C63 is used, the filer must report YFA in the License Number field. 
  Report Export Information Codes: All except UG, FS, FI.
  Report any mode of transportation.
  For general questions regarding AES, please contact the Economic Management Division (EMD) at the Bureau of the Census at 1-800-549-0595, option 1.
  A complete list of all of the AES License Type codes and reporting instructions for these types can be found at https://www.cbp.gov/trade/aes/aestir/appendices

 
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(Source:
European Commission, 16 Jun 2020) [Excerpts]
 
   Today, the European Commission launched a major review of the European Union’s trade policy, including a public consultation seeking input from the European Parliament, Member States, stakeholders and civil society. The Commission’s objective is to build a consensus around a fresh medium-term direction for EU trade policy, responding to a variety of new global challenges and taking into account the lessons learned from the coronavirus crisis.
   A strong European Union needs a strong trade and investment policy to support economic recovery, create quality jobs, protect European companies from unfair practices at home and abroad, and ensure coherence with broader priorities in the areas of sustainability, climate change, the digital economy and security. …
   The results of this consultation will feed into a communication to be published towards the end of the year. The final review will be the result of a transparent and inclusive process including the online public consultation, discussions with the European Parliament and Member States, as well as engagement with relevant stakeholders and civil society representatives.
The consultation covers all relevant topics to the EU trade policy, with a special focus on the following:
  • Building a resilient and sustainable EU economy after the coronavirus
  • Reforming the World Trade Organization
  • Creating global trade opportunities for businesses and in particular small and medium sized enterprises.
  • Maximising the contribution of trade policy to addressing key global challenges such as climate change, sustainable development or the digital transition
  • Strengthening of trade and investment relationships with key trading partners
  • Improving the level playing field and protecting EU business and citizens

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

 
   On pages 29 and 30, Annex, point (b) (List of entities referred to in Articles 2 and 2a), entry 5 (FORCES DEMOCRATIQUES DE LIBERATION DU RWANDA (FDLR)), …:
   ‘The November 2012 Group of Experts report also reports 11 killings by the FDLR in Bushibwambombo, Kalehe on 6 April 2012, and FDLR involvement in 19 further killings in Masisi territory, including five minors and six women, in May. The Mouvement Du 23 Mars (M23) is an armed group operating in the DRC that has been the recipient of arms and related materiel, including advice, training, and assistance related to military activities.  … 
   ‘The November 2012 Group of Experts report also reports 11 killings by the FDLR in Bushibwambombo, Kalehe on 6 April 2012, and FDLR involvement in 19 further killings in Masisi territory, including five minors and six women, in May.’.

 
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   In addition to the usual housekeeping time for TradeNet on Sundays from 4am to 8am, we wish to inform you that Singapore Customs will be performing system maintenance work which will affect TradeNet for the following date and time.

Date
Time Duration
28 Jun 2020 4am to 12pm 8 hours
  You are advised not to submit any applications through TradeNet during the above-mentioned period. Please submit your applications through TradeNet after the indicated timing above.

 
Please bring the contents of this Notice to the attention of your staff. Kindly plan in advance and submit applications before the downtime, to minimise disruptions to your business operations. We apologise for any inconvenience caused.

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

COM NEWS

(Source:
EU Sanctions
, 12 Jun 2020) [Excerpts]

 
   In June 2006, the US adopted Executive Order 13405, which declared a national emergency in respect of Belarus. The E.O. imposed asset freezes on a number of individuals determined to have “undermined Belarus’ democratic processes or institutions” following the March 2006 elections.

   President Trump has extended those sanctions for 1 year by continuing the national emergency as declared. White House Notice.

(Source:
Reuters
, 15 Jun 2020) [Excerpts]

 
   The toughest U.S. sanctions yet on Syria take effect this week, increasing the pressure on President Bashar al-Assad as he grapples with a deepening economic crisis after a decade of war.
  Washington says sanctions will help hold Assad and his backers to account for war crimes in a conflict that has killed hundreds of thousands of people. Damascus says it is an escalation of economic warfare against its citizens. …
 
WHAT IS CHANGING?
   Syria has already been under U.S. and EU sanctions that have frozen the assets of the state and hundreds of companies and individuals. Washington already bans export and investment in Syria by Americans, and transactions involving oil and hydrocarbon products.
   The new sanctions give U.S. President Donald Trump wider powers to freeze the assets of anyone dealing with Syria, regardless of nationality, and cover many more sectors from construction to energy.
   The law also targets for the first time those dealing with Russian and Iranian entities in Syria, hitting allies of Assad.
   The new legislation could label Syria’s central bank as a “primary laundering concern”.
   Sanctions can be lifted if six demands are met, including ending the bombing of civilians, releasing tens of thousands of detainees and allowing “the safe and dignified” return of refugees.
 
WHAT WILL THE ECONOMIC IMPACT BE?
   The sanctions are expected to further deter investment in Syria and deepen Syria’s isolation from the global financial system. Syria experts say they end hope Damascus and Moscow once entertained of a global reconstruction effort before a political transition that satisfies the West.
   Lebanon, a traditional conduit of goods and finance for Syria, will be hard hit as businesses with links to Damascus will have to navigate the new risks, bankers say. Other business partners in neighbouring Jordan and in the UAE are already on edge, abandoning plans to invest in Syria, businessmen say. …
 
WILL ORDINARY SYRIANS BE HURT?
   The new law exempts imports of essential food and humanitarian items but adds more scrutiny to U.N. and NGO aid to ensure they are not benefiting Assad’s government. … 

COM COMMENTARY

(Source: 
Medium, 16 Jun 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 White House
 
announced the issuance of long-threatened Executive Order 13928 
authorizing sanctions against anyone who assists the International Criminal Court (ICC) in investigating, arresting, detaining, or prosecuting “
any United States personnel
” or “
any personnel of a country that is an ally of the United States
” without the consent of the United States or allied country, respectively.
  (2) The US State Department
 
announced that non-proliferation sanctions under Executive Order 13382
 
against the Islamic Republic of Iran Shipping Lines (IRISL) and its Shanghai-based subsidiary E-Sail Shipping Company Limited are now effective following a
 
180-day grace period announced in December 2019.
  (3) Media reported that authorities in Cape Verde
 
detained Alex Saab Morán, a Colombian business magnate and close associate of Venezuelan President Nicolás Maduro, when his private jet made a refueling stop en route to Iran.
 
As previously reported, the US Office of Foreign Assets Control (OFAC) named Saab as a Specially Designated National (SDN) in July 2019 for his role in a Venezuelan money laundering and bribery scheme. According to reports, Saab potentially could be taken into custody by US authorities, despite the lack of a US-Cape Verde extradition treaty.
  (4) The Republican Study Committee, a conservative-leaning US House of Representatives caucus, released its “National Security Strategy” including, among other ideas, proposals for a raft of sanctions against Chinese officials and “
the toughest package of sanctions on Russia ever proposed by Congress
.” (Read the report here.)
   (5) The US State Department
 
announced visa bans
 
against former Guatemalan Presidential Chief of Staff Gustavo Adolfo Alejos Cambara, his wife, and three children, under Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020.
 
According to a State Department news release, Alejos engaged in unspecified “
corrupt acts that undermined rule of law and the Guatemalan public’s faith in their government’s democratic institutions, officials, and public processes

.” . . . 

 
* Contact: 
messages@strtrade.com
, 1-305-894-1035
 
   The International Trade Commission has instituted an investigation that will result in the second of two reports to Congress on the economic impact on the U.S. of all trade agreements implemented under trade authorities procedures since Jan. 1, 1984 (the first report can be
 
found here). The following trade agreements will be included in this report: the Uruguay Round agreements, NAFTA and the USMCA, and the free trade agreements with Australia, Bahrain, Canada, Chile, Colombia, the Dominican Republic and Central America (Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua), Israel, Jordan, Korea, Morocco, Oman, Panama, Peru, and Singapore.

 
The ITC has scheduled a public hearing in connection with this investigation for Oct. 6 and requests to appear at this hearing are due by Sept. 21. Written comments for the record are due by Nov. 6. The ITC expects to submit its report to the House Ways and Means and Senate Finance committees by June 29, 2021.


TE EX/IM TRAINING EVENTS & CONFERENCES

(Source:
Ashleigh Foor
)

 
* What: 
Foods, Supplements, Cosmetics, Devices…Oh My: How the FDA Regulates More Than You May Think!
* When: 24 Jun; 1:00 p.m. (EDT)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker: Shelly Garg, Attorney

* Register:
here 
or contact
Ashleigh Foor
, 1-540-433-3977

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

EN EDITOR’S NOTES

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

 

The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register.  The latest amendments are listed below.
 
Agency 
Regulations 
Latest Update 
DHS CUSTOMS REGULATIONS
: 19 CFR, Ch. 1, Pts. 0-199.
 
 
 
5 Apr 2019:84 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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