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20-0724 Friday ” Daily Bugle “

20-0724 Friday “Daily Bugle”

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Friday, 24 July 2020

(No items of interest posted) 

  1. Items Scheduled for Future Federal Register Edition
  2. Commerce/BIS: (No new postings)
  3. State/DDTC: “Outage Notice”
  4. EU Commission: “EU and Airbus Member States Take Action to Ensure Full Compliance in the WTO Aircraft Dispute”
  1. Bloomberg: “Arnold & Porter to Pay Civil Penalty for Discrimination in Doc Review Project”
  2. WORLDecr: “Macron Calls for Turkey Sanctions as Cyprus Issue Escalates”
  1. Baker McKenzie: “Trump Administration Revokes Preferential Treatment for Hong Kong and Authorizes Additional Hong Kong Sanctions”
  2. ST&R Trade Report: “Dates and Deadlines: Tariffs, Customs Brokers, Import Compliance, Classification”
  1. Friday List of Approaching Events: 196 Events Posted This Week, Including 8 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

 
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OGS OTHER GOVERNMENT SOURCES

(Source:
Federal Register
)
 
* Justice/ATF: NOTICES; Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Tax-Exempt Transfer of Firearm and Registration to Special Occupational Taxpayer [Pub. Date: 27 Jul 2020] (PDF)

 
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OGS_a22. Commerce/BIS: (No new postings)

 
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OGS_a3
3. State/DDTC:

Outage Notice”
 
The Defense Export Control and Compliance (DECCS) Registration and Licensing applications will be unavailable to industry from 6:00 AM (EDT) through 8:00 AM (EDT) Monday, July 27 for scheduled system maintenance. Please ensure work in progress is saved prior to the scheduled downtime.

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   Today, the governments of France and Spain agreed with Airbus SE to modify the terms of the Repayable Launch Investment granted by them for development of the A350 aircraft to reflect market conditions.
   This means that the European Union and the Member States concerned – France, Spain and Germany, also known as the ‘Airbus Member States’ – are in full compliance with the rulings of the World Trade Organization (WTO) in the Airbus case. This removes any grounds for the US to maintain its countermeasures on EU exports and makes a strong case for a rapid settlement of the long-running dispute.
   Commissioner for Trade Phil Hogan said: “Unjustified tariffs on European products are not acceptable and, arising from the compliance in the Airbus case, we insist that the United States lifts these unjustified tariffs immediately. The EU has made specific proposals to reach a negotiated outcome to the long-running transatlantic civil aircraft disputes and remains open to work with the US to agree a fair and balanced outcome, as well as on future disciplines for subsidies in the aircraft sector.”
   The EU is strongly committed to a negotiated settlement of this long-running dispute, the longest in the history of the WTO. Especially under the current economic circumstances, the EU believes that it is in the mutual interest of the EU and the US to discontinue damaging tariffs that unnecessarily burden our industries and agricultural sectors.
   Commissioner Hogan said: “In the absence of a settlement, the EU will be ready to fully avail itself of its own sanction rights. The WTO will soon issue its arbitration decision in the parallel case of the EU against the United States on certain unlawful subsidies to Boeing, where the Appellate Body had found the US to be in breach of its WTO obligations.”
   If the United States opts to maintain its duties on $7.5 billion worth of European exports or decides to increase tariffs or apply them to new products, the European Union will act to exercise its own sanction rights, based on the relevant WTO authorisations, as soon as the level of countermeasures is established by the WTO in the Boeing case. The EU already undertook a public consultation in April 2019 on a list of products considered for countermeasures.
 
Background
   In October 2019, the WTO allowed the United States to take countermeasures against European exports worth up to $7.5 billion. The basis for this award was an Appellate Body decision of 2018 that had found that the EU and its Member States had not fully complied with the previous WTO rulings with regard to Repayable Launch Investment for the A350 and A380 programmes. The US imposed these additional tariffs on 18 October 2019.  Airbus took action concerning the other challenged measures earlier, so today’s decisions addresses the last remaining measures condemned by the WTO.

As regards the EU case against the United States’ subsidies to Boeing, the Appellate Body in its ruling of 11 April 2019 confirmed that the US has not taken appropriate action to comply with the WTO rules on subsidies. The decision of the WTO arbitrator on the value of possible EU retaliation is due in the coming weeks.

 
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COM NEWS

(Source:
Bloomberg News
, 23 Jul 2020) [Excerpts]
 
   Arnold & Porter Kaye Scholer law firm and a staffing agency will pay a $56,500 civil penalty and other fines to settle a Justice Department claim that the pair refused to allow non-U.S. citizens to work on a document review project.
   A DOJ investigation concluded Arnold & Porter, one of the country’s 100 largest law firms, and Law Resources Inc., violated federal immigration law by excluding dual citizens and work-authorized non-citizens when hiring temporary employees to staff a 2018 project, according to the 
settlement agreement
.  
The settlement also resolves claims Law Resources retaliated against a worker who objected to the citizenship status restriction.
   Law Resources will pay an additional $3,000 civil penalty and offer $11,875 in back pay to the worker to resolve the retaliation claim.  
Law Resources and Arnold & Porter will also offer a $55,000 back-pay fund to other affected workers while training employees about anti-discrimination rules. The duo will be under departmental monitoring for two years.
   “We look forward to working with Law Resources and Arnold & Porter to ensure their hiring procedures fully comply with the Immigration and Nationality Act’s prohibition against citizenship status discrimination in employment,” assistant attorney general Eric Dreiband said in a statement.
   Arnold & Porter said in a statement that the firm fully cooperated with the DOJ’s Immigrant and Employee Rights section review.  
“This case involves a single incident where the [f]irm mistakenly provided a third-party vendor inaccurate information about the criteria for selecting contractors for a document review,” the statement said. “As soon as this inadvertent mistake was brought to our attention, the [f]irm took steps to prevent it from happening again.” . . .

(Source:
WORLDecr
, 24 Jul 2020) [Excerpts]
 
   French President, Emmanuel Macron has called for EU sanctions to punish Turkey for ‘violations’ of Greek and Cypriot maritime space after the Turkish navy published an advisory on seismological activity in the potentially oil-rich area – increasingly a locus of tension between Turkey and the EU, Greece and Cyprus.
   German media reported on 22 July that the previous day, German Chancellor Angela Merkel had intervened to help prevent a potential military conflict between Greece and Turkey.
   Germany, Italy and France are known to have had Turkey in their sights when, 18 July, they called on all parties in the ongoing Libyan civil war and their foreign backers to immediately stop the fighting and respect the 2011 UN arms embargo.
   ‘We share grave concerns regarding the increased military tensions in this country and the heightened risk of regional escalation,’ said Merkel, Macron and Italian Prime Minister Giuseppe Conte in a joint statement.

  
‘We therefore call on all Libyan parties and their foreign supporters for an immediate cessation of fighting and for a stop of the ongoing military build-up throughout the country…We also urge all foreign actors to end their increasing interference and to fully respect the arms embargo established by the United Nations Security Council.’ 

COM COMMENTARY

 
*Principal Author: Kerry B. Contini, 1-202-835-6100, Baker McKenzie
 
  On July 14, 2020, President Trump issued Executive Order 13936 “The President’s Executive Order on Hong Kong Normalization” (the “Hong Kong Normalization EO“), which directs the suspension or elimination of special and preferential treatment for Hong Kong under a wide range of US laws, setting the stage for Hong Kong to be treated the same as mainland China. It also authorizes sanctions against persons involved in developing, adopting, or implementing China’s Law on Safeguarding National Security in the Hong Kong Administrative Region (the “China National Security Law”), as well as individuals and entities determined to be engaged in several categories of human rights-related conduct in or related to Hong Kong.
 
Changes to Export Control Laws
  The Hong Kong Normalization EO directs a variety of changes to US export control laws, including:
  • Suspending the special treatment currently afforded to Hong Kong under the Arms Export Control Act and the Export Control Reform Act of 2018;
  • Revoking license exceptions for exports to Hong Kong, reexports to Hong Kong, and transfers (in-country) within Hong Kong of items subject to the Export Administration Regulations (“EAR”) that provide differential treatment compared to those exceptions applicable to China (we note that potentially relevant key EAR license exceptions with differential treatment include  license exceptions LVS, GBS, TSR, APP, GOV, TSU, APR, and STA); and
  • Terminating export licensing suspensions under Section 902 of the Foreign Relations Authorization Act insofar as they apply to exports of defense articles to Hong Kong persons who are physically located outside of Hong Kong and the People’s Republic of China (“China”) and who were previously authorized to receive defense articles prior to the date of the Normalization EO.
  These developments are consistent with and an extension of the Administration’s recent moves to suspend EAR license exceptions for Hong Kong that provided differential treatment compared to those exceptions applicable to China, halted defense exports to Hong Kong, and imposed visa restrictions on Chinese Communist Party officials, which are detailed in our prior blog post.
  The relevant agencies, including the Commerce Department’s Bureau of Industry and Security (“BIS”) and the State Department’s Directorate of Defense Trade Controls (“DDTC”), must begin implementation of the various changes directed by the Hong Kong Normalization EO before July 29, 2020.
Regarding the International Traffic in Arms Regulations (“ITAR”), DDTC published guidance on July 15, 2020 confirming that Hong Kong is now considered to be included in the entry for China under ITAR section 126.1(d)(1) and is therefore subject to a policy of denial for all transfers subject to the ITAR. DDTC stated that it will review on a case-by-case basis license applications to export defense services to Hong Kong persons who (1) are physically located outside of Hong Kong and China and (2) were previously authorized to receive defense articles prior to July 14, 2020.  Further, DDTC indicated that it is not taking steps to revoke or rescind previously approved authorizations to export defense articles or services to Hong Kong.
 
New Hong Kong Sanctions Authority
In addition, the Hong Kong Normalization EO authorizes several categories of persons to be designated as Specially Designated Nationals (“SDNs”), including:
  • Persons determined to be involved, directly or indirectly, in the coercing, arresting, detaining, or imprisoning of individuals under the authority of, or to be or have been responsible for or involved in developing, adopting, or implementing, the China National Security Law;
  • Persons who with respect to Hong Kong are determined to be responsible for or complicit in, or to have engaged in (1) actions or policies that undermine democratic processes or institutions; (2) actions or policies that threaten the peace, security, stability, or autonomy; (3) censorship that restricts the exercise of freedom of expression or assembly or that limits access to free and independent print, online or broadcast media; or (4) extrajudicial rendition, arbitrary detention, or torture or other gross violations of internationally recognized human rights or serious human rights abuse.
  • Persons determined to be leaders or officials of entities, including government entities, which have engaged in or supported the above activities, which are owned or controlled by or have acted on behalf of entities designated under this sanctions authority, or who are members of the board of directors or a senior executive officer of entities designed under this sanctions authority.
  The sanctions set out in the Hong Kong Normalization EO are distinct from those set out in the Hong Kong Autonomy Act, which separately authorized the imposition of sanctions on foreign persons who materially contribute to the undermining of Hong Kong’s autonomy by China and foreign financial institutions who engage in significant transactions with such foreign persons.  
  In addition to the above export control- and sanctions-related developments, the Hong Kong Normalization EO also sets out a number of other changes in US law and policy, including terminating several extradition-related agreements, terminating training provided to the Hong Kong Policy Force and other Hong Kong security services, and terminating the Fulbright exchange program in Hong Kong and China.

 
* Contact: 
messages@strtrade.com
, 1-305-894-1035
 
   Following are highlights of regulatory effective dates and deadlines, federal agency meetings, and other trade-related events coming up in the next week.
   July 27 – deadline for comments on modifying list of
 
EU goods subject to additional tariffs
   July 27 – deadline to file certifications for
 
distribution of AD/CV duty revenues
   July 29 – deadline for comments to USDA on imports of
 
raspberries and turmeric from Peru
   July 29 – ST&R webinar:
 
Import Compliance Bootcamp
   July 30 – deadline for comments to USTR on
 
extension of China tariff exclusions
   July 30 – ST&R webinar:
 
Trade in Turmoil [Monthly Update]
   July 31 – deadline for applications for FDA’s
 
Voluntary Qualified Importer Program
   July 31 – deadline for comments to ITC on
 
pesticide residue levels

   July 31 – deadline for comments on proposed classification change 
for rain gauges


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:

Published every Friday or last publication day of the week. Send events to
events@fullcirclecompliance.eu, composed in the below format:
 
#
* Date: (Location;) “Event Title”; <Weblink>” Event Sponsor;
 
On-Line:
 


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EN EDITOR’S NOTES

EN_a110. Bartlett’s Unfamiliar Quotations

(Source: Editor)
 

* Simon Bolivar
 (Simón José Antonio de la Santísima Trinidad Bolívar y Palacios Ponte-Andrade y Blanco; 24 Jul 1783 – 17 Dec 1830; generally known as Simón Bolívar and also colloquially as El Libertador, or the Liberator, was a Venezuelan military and political leader who led what are currently the countries of Venezuela, Bolivia, Colombia, Ecuador, Peru, and Panama to independence from the Spanish Empire.)
  – “Judgement comes from experience, and experience comes from bad judgement.” 
 
* Alexander Dumas (born Dumas Davy de la Pailleterie; 24 Jul 1802 – 5 Dec 1870; was a French writer. Many of his historical novels of high adventure were originally published as serials, including The Count of Monte Cristo, The Three Musketeers, Twenty Years After, and The Vicomte of Bragelonne: Ten Years Later. His novels have been adapted since the early twentieth century into nearly 200 films.  Prolific in several genres, Dumas began his career by writing plays, which were successfully produced from the first. He also wrote numerous magazine articles and travel books; his published works totalled 100,000 pages.)
  – “It is almost as difficult to keep a first class person in a fourth class job, as it is to keep a fourth class person in a first class job.
” 
  – “It is rare that one can see in a little boy the promise of a man, but one can almost always see in a little girl the threat of a woman.
  – “All generalizations are dangerous, even this one.
 
Friday funnies:
Do you ever wonder …
  – Why we never see the headline “Psychic Wins Lottery”?   
  – Why is “abbreviated” such a long word?   
  – Why is it that doctors and lawyers call what they do “practice”?   
  – Why isn’t there mouse-flavored cat food?   
  – Why didn’t Noah swat those two mosquitoes?   

  – Why do they sterilize the needle used for lethal injections?

  – Why do they sell lemon juice made with artificial flavor and dish washing soap made with real lemons?   
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The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register.  The latest amendments are listed below.
 
Agency 
Regulations 
Latest Update 
DHS CUSTOMS REGULATIONS
: 19 CFR, Ch. 1, Pts. 0-199.

 

5 Apr 2019: 84 FR 13499:

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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