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20-0722 Wednesday ” Daily Bugle”

20-0722 Wednesday “Daily Bugle”

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Wednesday, 22 July 2020

  1. Commerce/BIS: “Addition of Certain Entities to the Entity List; Revision of Existing Entries on the Entity List”
  2. Justice/ATF: “eComments Requested – Annual Firearms Manufacturing and Exportation Report”
  3. Justice/ATF: “eComments Requested – Inventories; Licensed Explosives Importers, Manufacturers, Dealers, and Permittees”
  4. State Department: “International Traffic in Arms Regulations – Central African Republic”
  5. Treasury/OFAC: “Notice of OFAC Sanctions Actions”
  1. Items Scheduled for Future Federal Register Edition
  2. Commerce/BIS: (No new postings)
  3. State/DDTC: “International Traffic in Arms Regulations: Amendment of Central African Republic”
  1. EU Sanctions: “US Adds 11 Chinese Companies to Entity List”
  2. SCMP: “China’s Lockheed Martin Sanctions Reveal Limited Options in Fighting Economic War with US”
  1. Husch Blackwell: “USTR Announces New Section 301 Product Exclusions for List 4A”
  2. Mayer Brown: “BIS Considering New Export Restrictions on Facial Recognition Devices and Other Biometric Surveillance Equipment”
  3. Wilmer Hale: “Trump Administration and Congress Ratchet Up US Sanctions Against China”
  1. ECTI Presents: United States Export Control (ITAR/EAR/OFAC) Seminar in Singapore; 14-17 Sep
  1. New Edition of Bartlett’s Annotated ITAR (“BITAR”) is Available 
  2. Bartlett’s Unfamiliar Quotations 
  3. Are Your Copies of Regulations Up to Date? Find the Latest Amendments Here. 
  4. Weekly Highlights of the Daily Bugle Top Stories 
  5. Submit Your Job Opening and View All Job Openings 
  6. Submit Your Event and View All Approaching Events 

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EXIM ITEMS FROM TODAY’S FEDERAL REGISTER

(Source:
Federal Register, 22 Jul 2020) [Excerpts]
 
85 FR 44159: Final Rule
* AGENCY: Bureau of Industry and Security, Commerce.
* ACTION: Final rule.
* SUMMARY: This final rule amends the Export Administration Regulations (EAR) by adding eleven entities to the Entity List. These eleven entities have been determined by the United States 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 or revises thirty-seven existing entries on the Entity List under the destination of China.
* DATES: This rule is effective July 22, 2020.
* FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Email: ERC@bis.doc.gov.

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

(Source:
Federal Register, 22 Jul 2020) [Excerpts]
 
85 FR 44323: Notice
* AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.
* ACTION: 30-Day notice.
* SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
* DATES: Comments are encouraged and will be accepted for an additional 30 days until August 21, 2020.
* ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting “Currently under 30-day Review-Open for Public Comments” or by using the search function.

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

(Source:
Federal Register, 22 Jul 2020) [Excerpts]
 
85 FR 44324: Notice
* AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.
* ACTION: 30-day notice.
* SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
* DATES: Comments are encouraged and will be accepted for an additional 30 days until August 21, 2020.
* FOR FURTHER INFORMATION CONTACT: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting “Currently under 30-day Review-Open for Public Comments” or by using the search function.

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

(Source:
Federal Register, 22 Jul 2020) [Excerpts]
 
85 FR 44188: Rule
* AGENCY: Department of State.
* ACTION: Final rule.
* SUMMARY: The Department of State is amending the International Traffic in Arms Regulations (ITAR) to reflect recently adopted United Nations Security Council Resolutions (UNSCRs) concerning the Central African Republic.
* DATES: The rule is effective on July 22, 2020.
* FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Foreign Affairs Officer, Office of Defense Trade Controls Policy, U.S. Department of State, telephone (202) 663-1809, or email DDTCResponseTeam@state.gov. ATTN: Regulatory Change, ITAR Section 126.1 Central African Republic Update 2020.

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

 
85 FR 44376-44378: Notice
* AGENCY: Office of Foreign Assets Control, Department of the Treasury.
* ACTION: Notice.
* SUMMARY: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more individuals and entities that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List). OFAC has determined that one or more applicable legal criteria were satisfied to place the individuals and entities on the SDN List. All property and interests in property subject to U.S. jurisdiction of these individuals and entities are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.
* DATES: See Supplementary Information section for effective date.
* FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global Targeting, tel: 202-622-2420; Assistant Director for Licensing, tel.: 202-622-2480; Assistant Director for Regulatory Affairs, tel.: 202-622-4855; or Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490.

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

OGS OTHER GOVERNMENT SOURCES

(Source: Federal Register)
 
* State Department: NOTICES; Guidance: Countering America’s Adversaries through Sanctions Act [Pub. Date: 23 Jul 2020] (PDF)
 
* USTR: NOTICES; Product Exclusions and Amendments: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation [Pub. Date: 23 Jul 2020] (PDF)

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

OGS_a27. Commerce/BIS: (No new postings)

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

OGS_a3
8. State/DDTC: “International Traffic in Arms Regulations: Amendment of Central African Republic”

(Source:
State/DDTC, 22 Jul 2020)
 
   Pursuant to UN Security Council Resolutions 2488 and 2501, the sanctions regime against the Central African Republic has changed. Consequently, DDTC published a Federal Register notice to implement the conforming update to ITAR §126.1. It is the policy of the Department of State to deny, with certain revised exceptions, licenses or other approvals for exports and imports of defense articles and defense services subject to the International Traffic in Arms Regulations (ITAR) and destined for or originating in the Central African Republic.
 

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

COM NEWS

(Source:
EU Sanctions, 21 Jul 2020) [Excerpts]
 
   The Department of Commerce’s Bureau of Industry and Security (BIS) has added to the Entity List 11 Chinese companies implicated in human rights violations and abuses against Uighurs, Kazakhs and other members of Muslim minority groups in the Xinjiang region. 9 of these companies are said to have engaged in forced labour practices, whilst the remaining 2 have allegedly conducted genetic analyses used to further the repression of Muslim minority groups. Under Section 744.11(b) of the
 
Export Administration Regulations, these entities, which are determined to be acting contrary to the foreign policy interests of the US, will become subject to licence requirements for the export, re-export or transfer of all items subject to the EAR, and the availability of most licence exceptions will be limited.
   BIS has also modified the licence review policy for 37 entities in China, which were added to the Entity List in October 2019
and June 2020
. The amendments reflect a policy of case-by-case review for items subject to the EAR that are necessary to detect, identify and treat infectious disease, and a policy of denial for all other EAR-controlled items.
   The restrictions come into effect today,
 
21 July 2020
, upon publication of the
 
Final Rule
 
in the Federal Register.

(Source:
South China Morning Post, 22 Jul 2020) [Excerpts]
 

  China’s announcement that it will impose sanctions on American firm Lockheed Martin for its involvement in the United States’ arms sale to Taiwan has highlighted a harsh reality for Beijing: it has far fewer choices to inflict pain on American businesses than Washington does against Chinese firms in the escalating conflict between the world’s two biggest economic powers.


  Lockheed Martin, the world’s largest military contractor, is the first US company that the Chinese government has officially targeted for punishment since US President Donald Trump moved into the White House. However, Beijing has not released details of the sanctions.
  The naming of Lockheed Martin marks a step further in Beijing’s careful strategy of hurting US businesses while trying to avoid damaging its own interests.
  Yet, more than a year after Beijing warned that it was compiling an 
Unreliable Entity List of firms whose actions hurt China – in apparent response to the 
US Commerce Department’s Entity List that Washington has used to sanction a number of Chinese firms, Huawei in particular – the Chinese government has yet to publish which foreign businesses will be on the list or what punishments they will face.
  “But the other side of that coin is that US technology companies are very dependent on China. Look at Intel, Qualcomm and Nvidia, all of these semiconductor companies. For some of them, more than 50 per cent of their sales come from China,” he said. “So, without those sales, these companies would not be able to fund investment in their next generation of technologies.
“China has to take some action, but it doesn’t want to escalate the situation either. The hope is that, by first signalling that this is being contemplated, it might give the US a reason to reconsider and maybe be less hostile.”.

COM COMMENTARY

 
* Author: Camron J. Greer, Esq., 1-202-378-2413, Husch Blackwell LLP
 
   The United States Trade Representative (“USTR”) issued new product exclusions pertaining to the Section 301 List 4A tariffs.  The current tariff is 7.5%.  The new exclusions include 11 ten-digit HTS subheadings and 53 specific product descriptions that together cover 242 separate exclusion requests.  The full list of excluded products is available
 
here.  According to the USTR, the product exclusions apply retroactively to September 1, 2019 and remain in effect until September 1, 2020.  The exclusions cover various products, including baby blankets, lithium ion batteries, and gold coins.
   

(Source:
Mayer Brown, 21 Jul 2020)
 
* Principal Author: Tamer A. Soliman, Esq., 1-202-263-3292, Mayer Brown
 

   On July 17, 2020, the US Department of Commerce, Bureau of Industry & Security (“BIS”), published a
 
Notice of Inquiry
 
(“Notice”)[FN/1] seeking public comments on potential changes to items controlled for crime control and detection (“CC”) reasons under the Export Administration Regulations (“EAR”)[FN/2] and the related licensing requirements. Among other possible changes, BIS may expand export licensing requirements for devices, software and technology related to facial recognition and biometric systems. The Notice has significant implications for businesses engaged in industries related to biometrics, as it involves emerging and advanced technologies having important commercial applications. Comments in response to the Notice are due by September 15, 2020.
 
 
Background on Increased Scrutiny of Crime Control Technologies
   The latest Notice is part of a long-anticipated effort by the Commerce Department to update its controls to address advanced technologies and products used for “surveillance, detection and censorship.”
 
BIS has long maintained licensing requirements on goods, software and technology based on foreign policy reasons grounded in human rights concerns under the EAR.
[FN/3]
These controls have long applied to items listed on the Commerce Control List (“CCL”) and controlled for CC reasons (“CC items”), including crowd control and protective equipment of various kinds, various “implements of torture,” protective equipment and limited categories of biometric equipment such as fingerprint analyzers, and related software and technology.
   However, BIS’s last comprehensive review of items controlled for CC reasons was in 2008. In the intervening years, there have been a number of calls to impose new export controls, but under US and EU laws and through other multilateral mechanisms, on emerging technologies used in surveillance and CC based on foreign policy and human rights grounds. This has included an increased focus on advanced and emerging technologies, including mass surveillance systems, advanced biometric analysis systems, and related software and technology. In response to bipartisan congressional inquiries regarding continued licensing of such products in contexts that raise increasing human rights concerns, Commerce Department officials have made a number of statements in recent years indicating an intention to update controls.
 
The Notice indicates BIS’s intent to update the list of CC items on the CCL and amend the related licensing requirements. As a result, new items may be added to the control list, and licensing requirements applicable to existing items may be expanded to cover new destinations.
 
   US export controls on CC items apply to most destinations, [FN/4]
 
although the Notice provides several indications that BIS has particular concerns with respect to China. Notably, BIS specifically notes that, in addition to law enforcement and public safety uses, crowd scanning technology can be used in ways that “facilitate the abuse of human rights” and cites China as an example.[FN/5]
 
Request for Comments
   BIS is seeking public comments, including from industry and trade organizations, non-governmental organizations, government agencies and academia, on CC items that may be considered for new licensing requirements.
 
In particular, BIS is seeking comments on its proposal to add the following items to the CCL to be controlled for CC reasons:
 
  • Facial recognition and other biometric systems; 
  • Non-lethal visual disruption lasers (“dazzlers”), which are non-lethal weapons using a laser to illuminate and temporarily disable sensors or human vision with flash blindness; and 
  • Long-range acoustic devices, which are acoustic hailing devices used to send messages and warning tones over longer distances or at higher volumes than normal loudspeakers.
   The new controls may extend to components, software and technologies related to the above-mentioned items. These items are mostly EAR 99 items now, meaning they are not on the CCL and hence are not controlled for most destinations, including China. BIS is also seeking public comments regarding certain items that are already controlled for CC reasons,[FN/6]
 
for which continuation, removal or scope modification may be requested through this process.
 
   Regarding these potential changes to the CCL, BIS is seeking input on (1) performance criteria and other information that may distinguish purely or predominantly consumer or commercial applications from those purely or predominantly used by law enforcement or security services and/or for government activities raising human right concerns; (2) the impact of adding to, modifying or removing items from the CCL on US support of human rights throughout the world; and (3) the impact that changes of controls would have on the competitiveness of US business and industry.[FN/7]
   As facial recognition and other biometric systems for surveillance appear to be a key focus of the Notice, below we discuss the relevant parts of the Notice in detail.
 
 
Facial Recognition Systems
   According to the Notice, a facial recognition system identifies or verifies a person’s identity from a digital image or a video frame by comparing selected facial features from an input image to the features of faces stored in a database. The main components of a facial recognition system include (1) input cameras, (2) data storage, (3) processing computers and (4) the software algorithms needed to model facial images. After noting that commercial applications of facial recognition have gained “widespread user acceptance,”[FN/8]
 
BIS further explains that facial recognition is increasingly being used in crowd-scanning systems, not only for law enforcement and public safety-related reasons but also to facilitate the abuse of human rights.
   Regarding the scope of future control, the Notice broadly references “facial recognition devices,” “input components,” “software” and “technology.” Among other things, BIS has indicated a particular interest in the following items: (1) “facial recognition software” and (2) high-resolution cameras that provide inputs to a crowd surveillance system. These cameras are currently classified as EAR99, and BIS is interested in the implications of placing them under new controls, the appropriate technical criteria for controls and other criteria that would help differentiate between police and intelligence end uses versus commercial end uses.
 
 
Other Biometric Systems
   According to the Notice, items related to two biometric technologies are currently controlled on the CCL-fingerprint and voice print. To expand the existing controls, BIS is considering two alternative methods: (1) add other specific biometric technologies, which would require a “piecemeal review of biometric methods and products,” or (2) extend controls to
 
all
 
biometric systems, subject to the limitation that “only those types of systems that identify a person without the individual’s cooperation, conscious interaction or possibly even awareness.”[FN/9]
  Under the “piecemeal” approach, BIS would continue to identify methods and products that warrant control based on technical criteria. BIS seeks input from industry on what additional technologies (e.g., iris, vein, earlobe, gait and heartbeat technologies) warrant control, which specific technical criteria should be considered in establishing controls and what impact such controls would have on US industry competitiveness and leadership. Interested parties could consider whether there are potential differences between these technologies as to commercial versus governmental uses.
 
   Under the more comprehensive approach, the Notice indicates BIS is considering extending controls to all biometric systems to the extent they identify a person without the individual’s cooperation, conscious interaction or awareness. BIS cites as examples a closed circuit camera running facial recognition software or a surreptitious audio monitoring of public space. BIS also noted that, under this approach, the new control would not apply to systems that verify whether the person attempting to gain access to premises or devices has the authority to do so. Similarly, fingerprint, iris and voice authentication items may not be controlled based on their specific commercial applications. BIS is seeking input as to whether the comprehensive approach would be superior to “targeting individual modalities, and if so, what specific technical criteria would be appropriate.”[FN/10]
 
Key Considerations for Business
   The Notice has significant implications for businesses in the relevant fields. Even though the Notice refers explicitly to China, CC controls have much broader application, and there is no indication that any new control would be limited to transactions involving that country. In addition, as acknowledged by BIS, many items being considered for control have widely accepted commercial applications. Potentially impacted businesses should consider submitting comments to BIS before the comment period closes.


(Source:
Wilmer Hale, 20 Jul 2020)
 
* Principal Author: David S. Cohen, Esq., 1-202-663-6205, Wilmer Cutler Pickering Hale and Dorr LLP
 
   The US government has established new authorities to impose sanctions in response to China’s national security law for Hong Kong, increasing the compliance risks for international banks and other companies that do business in Hong Kong, China and elsewhere. 
   The latest measures-the Hong Kong Autonomy Act and Executive Order 13936-expand sanctions authorities that had already been established under the Hong Kong Human Rights and Democracy Act of 2019. Together, these three measures, detailed below, establish a system of related and potentially overlapping sanctions that can be leveraged by the United States to respond to Chinese government’s actions in Hong Kong that are inconsistent with US foreign policy objectives. 
   While the United States has not yet made any sanctions designations under the new authorities, banks and all others with actual or potential business in the region may wish to assess whether their customers and other counterparties have connections to the Chinese government officials and others who may be designated under these new authorities.
 
The Hong Kong Human Rights and Democracy Act of 2019
   On November 27, 2019, President Trump signed into law the
 
Hong Kong Human Rights and Democracy Act of 2019
 
(HKHRDA). The HKHRDA requires the Department of State to report annually to Congress whether Hong Kong is sufficiently autonomous in relation to Mainland China to justify its preferential treatment. The HKHRDA also requires the Department of Commerce to annually report to Congress any efforts by China to use Hong Kong to evade US export controls and sanctions and the extent of such violations. 
 
   Additionally, the HKHRDA requires the President to submit a report to Congress identifying each foreign person that the President determines is responsible for either the extrajudicial rendition, arbitrary detention or torture of any person in Hong Kong as well as any other gross violations of internationally recognized human rights in Hong Kong. The statute also requires the President to impose sanctions on any such person using the powers granted to the President under the International Emergency Economic Powers Act (IEEPA) to block and prohibit all transactions and property interests of such identified foreign persons as applicable under the law (blocking sanctions).
 
 
The Hong Kong Autonomy Act
   On July 14, 2020, the President signed into law the
 
Hong Kong Autonomy Act
 
(HKAA), which establishes a framework for sanctions “with respect to foreign persons involved in the erosion of certain obligations of China with respect to Hong Kong, and for other purposes.” The HKAA requires the Secretary of State, in consultation with the Secretary of the Treasury, to identify foreign persons who are materially contributing, have materially contributed, or are attempting to materially contribute, to the failure of China to meet its obligations to ensure Hong Kong enjoys a high degree of autonomy without direct interference from Beijing. The statute also authorizes sanctions on foreign financial institutions that engage in certain transactions with such foreign persons.
 
   Congress noted that China made certain commitments regarding the future of Hong Kong in the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, done at Beijing on December 19, 1984 (Joint Declaration) and under the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Basic Law). Further, Congress concluded that China has contravened those obligations. We note that the Chinese government announced in 1997 that the Joint Declaration no longer had any realistic meaning. 
 
   Under the HKAA, the Department of State has 90 days from enactment to submit a report to Congress on any foreign person it determines “is materially contributing to, has materially contributed to, or attempts to materially contribute to the failure of China to meet its obligations under the Joint Declaration or the Basic Law” (State Dept. Report). Subsequently, between 30 and 60 days from the submission of the State Dept. Report, the US Department of the Treasury is required to submit a report to Congress identifying “any foreign financial institution that knowingly conducts a significant transaction” with a person identified in the State Dept. Report (Treasury Dept. Report). The statute requires that both the State Dept. Report and the Treasury Dept. Report shall be regularly updated, with the updated reports submitted with the annual report under Section 301 of the US-Hong Kong Policy Act of 1992.
Additionally, the HKAA requires the President to impose certain sanctions on the foreign persons and foreign financial institutions (FFIs, which include not only depository banks but also broker-dealers, investment banks and many others) identified in the two reports within one year after the foreign person or FFI is identified in the respective reports. With respect to foreign persons, the President is required to impose prohibitions on property transactions and exclusions from the United States and revocation of visa or other documentation within one year after the foreign person is identified in the State Dept. Report. With respect to FFIs, the statute contemplates two tranches of sanctions:
 
   Initially, within one year after the FFI is identified in the Treasury Dept. Report, the President is required to impose at least five sanctions on the FFI from a list of 10 sanctions.
 
  Within two years, the President is required to impose all 10 of the sanctions.
 
These sanctions include, among others, prohibitions on receiving loans or credit from US financial institutions, acting as a primary dealer in US government debt instruments, and transacting in property or foreign exchanges subject to US jurisdiction, as well as exclusions of FFI corporate officers from the United States.
 
   Any person that violates, attempts to violate or causes a violation of the unlawful acts listed in the State Dept. Report or Treasury Dept. Report shall also be subject to civil and criminal penalties under the IEEPA to the same extent as the persons identified in the reports.
 
 
The President’s Executive Order on Hong Kong Normalization
   The same day the President enacted the HKAA, he issued
 
Executive Order (EO) 13936, “The President’s Executive Order on Hong Kong Normalization,” suspending or eliminating different and preferential treatment for Hong Kong to the extent permitted by law and in the national security, foreign policy and economic interest of the United States. Sections 2 and 3 of the EO direct that within 15 days, the heads of executive agencies shall take actions to end special conditions and preferential treatment for Hong Kong affecting various areas including trade, immigration and national security. Some of the necessary regulatory and administrative activity to give effect to this requirement has already commenced.
 
   Section 4 of the EO builds on the sanctions authorized under the HKAA by targeting with blocking sanctions those responsible for, or who have engaged directly or indirectly in, (1) actions or policies that undermine democratic processes or institutions in Hong Kong; (2) actions or policies that threaten the peace, security, stability or autonomy of Hong Kong; (3) censorship or other activities that limit (a) freedom of expression, (b) assembly by citizens of Hong Kong, or (c) access to free and independent print, online or broadcast media; or (4) the extrajudicial rendition, arbitrary detention, torture, or other gross violation of recognized human rights or serious human rights abuse in Hong Kong.
 
   The scope of the EO applies to foreign persons, including individuals, entities and leaders of entities, including any government entity, member of a board of directors or a senior executive officer of a sanctioned entity. While the EO does not have a provision specific to FFIs-unlike the HKAA-it does authorize blocking sanctions against foreign persons who materially assist, sponsor or provide financial, material or technological support for, or goods or services to or in support of, any person whose property and interests in property are blocked pursuant to the EO. The EO also prohibits any transactions that evade, avoid, violate or attempt to violate the EO, as well as any conspiracies to violate the EO.
   Notably the State Department and the Treasury Department may each identify sanctions targets under the EO. But, unlike under the HKAA, no State Dept. Report or other agency activity is required as a predicate for the imposition of such sanctions.


TE EX/IM TRAINING EVENTS & CONFERENCES

 
* What: United States Export Controls (ITAR/EAR/OFAC) Seminar Series in Singapore (for Asia-Pacific and other non-US based companies)
* When: ITAR Seminar: 14-15 Sep; EAR/OFAC Seminar: 16-17
Sep
* Where: Singapore, Orchard Hotel Singapore, 442 Orchard Road, Singapore
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker Panel: Scott Gearity, and Timothy O’Toole, Esq.

* Register
here
, or contact 
Jessica Lemon
, 1-540-433-3977

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

EN EDITOR’S NOTES

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

EN_a116. Bartlett’s Unfamiliar Quotations

(Source: Editor)
 

* Rose Kennedy
 (Rose Elizabeth Fitzgerald Kennedy; (22 Jul 1890 – 22 Jan 1995; was an American philanthropist, socialite, and a member of the Kennedy family. Kennedy was the wife of businessman and investor Joseph P. Kennedy Sr., who was United States Ambassador to the United Kingdom. Their nine children included President John F. Kennedy, Senator Robert F. Kennedy, and Senator Ted Kennedy. In 1951 she was ennobled by Pope Pius XII, becoming the sixth American woman to be granted the rank of “Papal Countess.”)
  – “Make sure you never, never argue at night. You just lose a good night’s sleep, and you can’t settle anything until morning anyway.”
  – “I’m like old wine. They don’t bring me out very often – but I’m well preserved.”
 

Stephen Vincent Benet
 (22 Jul 1898 – 13 Mar 1943; was an American poet, short story writer, and novelist. He is best known for his book-length narrative poem of the American Civil War, John Brown’s Body, for which he received the Pulitzer Prize for Poetry, and for the short stories “The Devil and Daniel Webster” and “By the Waters of Babylon”. 

  – “We thought, because we had power, we had wisdom.”
  – “Let us be bold enough and free enough to follow the great examples – the men of good will and honor who put aside little ways and petty hatreds to build the American dream.

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

 

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. 
22 Jul 2020: 85 FR 44159: Addition of Certain Entities to the Entity List; Revision of Existing Entries on the Entity List 
DOC FOREIGN TRADE REGULATIONS (FTR): 15 CFR Part 30.   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. 

22 July 2020: 85 FR 44188: amending 126.1(u).  The latest edition of the 
BITAR
 
is 22 July 2020.

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

17 Jul 2020:
85 FR 43436:
Nicaragua 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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PermanentJobListView All Events

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