20-0806 Thursday “Daily Bugle “

20-0806 Thursday “Daily Bugle”

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Thursday, 6 August 2020

  1. Treasury/OFAC: “Notice of OFAC Sanctions Actions”
  1. Items Scheduled for Future Federal Register Edition
  2. CBP Opens Registration for October 2020 Exam and Announces 2 Informational Webinars
  3. Commerce/BIS: (No new postings)
  4. DHS/ICE: “Florida International Firearms Trafficker Sentenced to Federal Prison”
  5. State/DDTC: (No new postings)
  6. EU Commission: “The WTO Multi-party Interim Appeal Arrangement Gets Operational”
  1. Forbes: “Why Are Egypt And Turkey Risking U.S. Sanctions For These Russian Weapons Systems?”
  2. Reuters: “With Eye on China, India Looks to Increase Barriers on Imports from Asia”
  1. Thompson Hine: “USTR Seeks Public Comment on Extending China Section 301 List/Tranche 1 Product Exclusions Set to Expire October 2, 2020”
  2. Thomsen and Burke: “Changes to Export Controls in July 2020” – Part I of II
  1. CBP Announces Two Broker Exam Informational Webinars
  2. FCC Academy Presents September Webinars: U.S. Export Controls: ITAR & EAR, and FMS
  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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(Source: Federal Register and Federal Register, 6 Aug 2020) [Excerpts]
85 FR 47838 and 47840: Notice
* AGENCY: Office of Foreign Assets Control, 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 persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. Additionally, OFAC is publishing the name of one or more persons that have been removed from the SDN List. Their property and interests in property are no longer blocked, and U.S. persons are no longer generally prohibited from engaging in transactions with them.
* FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global Targeting, tel.: 202-622-2420; Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; Assistant Director for Licensing, tel.: 202-622-2480.

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[No items of interest posted]

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  U.S. Customs and Border Protection, Customs Broker License Exam registration (CBLE) opened Monday, August 3, 2020.  Registration for the October 8, 2020 exam(s) will remain open until September 8, 2020.  The broker exam will have a morning exam session, starting at 8:30am and afternoon session beginning at 1:30pm.  Doors will open for the exams, a minimum of 30 minutes prior to the exam.  The October CBLE seating is first come first serve, and due to coronavirus (COVID 19) or other anticipated events, seating may be limited at certain testing locations.
For further information please visit our CBP website.
For webinar information, [click here]. 

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OGS_a34. Commerce/BIS: (No new postings)

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(Source: ICE News, 5 Aug 2020) [Excerpts]
  TAMPA – A Florida man was sentenced August 4 to two years and nine months in federal prison for theft of government property and smuggling goods from the United States, in violation of the International Traffic in Arms Regulations. This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the U.S. Department of Housing and Urban Development (HUD) – Office of Inspector General, the Federal Bureau of Investigation, and the U.S. Postal Inspection Service.  . . .
     According to court documents and evidence presented at the sentencing hearing, between 2011 and 2018, Vladimir Volgaev, 69, of Sarasota, shipped more than 1,600 firearm components-including barrels, slides, receivers, and frames-from the United States to Ukraine. These components were used to construct fully functional firearms, including handguns and rifles. While engaged in this conduct, Volgaev lived in housing subsidized by HUD. In periodic renewal applications, Volgaev lied to HUD about his personal finances, including the income he had gained from illicit firearm trafficking.
  The court also ordered Volgaev to forfeit $6,835, which is traceable to proceeds of the offense. Volgaev pled guilty August 19, 2019.

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OGS_a56. State/DDTC: “Outage Notice”
(Source: State/DDTC, 6 Aug 2020)
  The Defense Export Control and Compliance (DECCS) Registration and Licensing applications will be unavailable to industry from 6:00 AM through 8:00 AM (EDT) Monday, August 10 for scheduled system maintenance.
  In addition, the Advisory Opinion, Commodity Jurisdiction and User Management applications will be unavailable from 11:00 PM through 1:00 AM (EDT) Friday, August 7 to Saturday, August 8. Please ensure work in progress is saved before the scheduled downtime.

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  On 31 July, the participants in the multi-party interim appeal arrangement (MPIA) notified the WTO of the ten arbitrators who will hear appeals of WTO panel reports under the MPIA. This marks the final step to make the MPIA operational for disputes between the participants. While the MPIA remains a stop-gap solution in the absence of an operational WTO Appellate Body, it allows participants to benefit from an appeal process in the WTO dispute settlement system.
  Commissioner for Trade Phil Hogan said: “With the agreed pool of arbitrators, the interim appeal arrangement for the WTO disputes is now up and running. I am grateful to the arbitrators for participating in this important mechanism, and to the other participants for engaging in a very constructive way in selecting the arbitrators. It shows that participating WTO members are willing to take concrete action to preserve an independent dispute settlement system with an appeal function. We can now turn our attention to finding a solution to the underlying problems through reform of the WTO Appellate Body and other aspects of the WTO system that need improvement.”
  Under the MPIA, the pool of arbitrators comprises persons of recognised authority, with demonstrated expertise in law, international trade and the WTO Agreements. In a process that started in June this year, MPIA participants put forward candidates, conducted interviews, and agreed on the ten individuals who will serve as arbitrators under the arrangement. In any WTO dispute between participants where a party triggers an appeal against a WTO panel report, three members of the pool are selected randomly to hear an appeal under the arrangement.
  The MPIA is in effect since 30 April 2020. Today, the EU and 22 other WTO members are participants in this arrangement to the WTO, which provides them with a functioning and independent two-tier dispute settlement system in disputes between them. It will apply until the WTO’s Appellate Body is once again able to function.
  The EU’s priority remains resolving the current WTO Appellate Body impasse as part of a wider reform of the WTO. This is even more important now that the public health situation has re-emphasised the need for a properly functioning, multilateral, rules-based global trading system.

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(Source: Forbes, 5 Aug 2020) [Excerpts]

  Egypt and Turkey may face U.S. sanctions in the near future for purchasing advanced Russian military hardware. Despite prior warnings, they pushed ahead with their respective acquisitions anyway. Why have both countries concluded that the procurement of these particular weapons systems is worth the risk?
  Cairo has reportedly began taking delivery of the first five of at least 20 Su-35SE “Super Flankers” it ordered from Moscow.
  Last November, U.S. Secretary of State Mike Pompeo and Secretary of Defense Mark Esper tried to convince Egyptian Defense Minister Mohamed Ahmed Zaki Mohamed to cancel the deal in a letter. 
  “Major new arms deals with Russia would – at a minimum – complicate future U.S. defense transactions with and security assistance to Egypt,” the letter reportedly warned
  The U.S. provides Egypt with approximately $1.3 billion in military aid each year. Much of the Egyptian military arsenal consists of American hardware: everything from F-16 Fighting Falcons fighter jets to AH-64 Apache helicopter gunships and M1A1 Abrams main battle tanks. 
  In 2017, the Countering America’s Adversaries Through Sanctions Act (CAATSA) became federal law. Under that law, any country that makes a “significant transaction” with Russia’s defense sector should face U.S. sanctions. The estimated $2 billion Su-35 deal most certainly constitutes a “significant transaction.”
  Given these risks, it’s questionable why Egypt pushed ahead with this procurement. 
  Turkey’s acquisition of an advanced Russian system has so far proven much more controversial in Washington. The NATO member purchased and began taking delivery of long-range S-400 air defense missile systems, straining relations with the United States. 
  Since the $2.5 billion deal was first announced three years ago, the U.S. repeatedly warned Turkey to cancel it. Ankara staunchly refused. 
When Turkey finally began taking delivery of the first components of the system in July 2019, the U.S. immediately suspended it from the F-35 Joint Strike Fighter program and canceled Turkey’s order for a fleet of those stealthy fifth-generation jets. 
  F-35s initially intended for the Turkish Air Force are already being diverted to the U.S. Air Force
  Under CAATSA, Turkey’s purchase also necessitates U.S. sanctions. However, the Trump administration has avoided imposing any to date and is reluctant to do so. 

(Source: Reuters, 3 Aug 2020) [Excerpts]
  New Delhi is considering measures to prevent trade partners mainly in Southeast Asia from re-routing Chinese goods to India with little added value, two government sources said, amid strained ties with Beijing and a push for self-reliance.
  India is planning to raise quality standards of imports, impose quantity restrictions, mandate stringent disclosure norms and initiate more frequent checks at ports of entry for goods coming from many Asian countries, the officials said, declining to be named as they were not authorised to talk to the media. 
  The moves will mainly target imports of base metals, electronic components for laptops and mobile phones, furniture, leather goods, toys, rubber, textiles, air conditioners and televisions, among other items, the officials said. 
Last week, India’s trade ministry issued a notice to restrict inbound shipments of TVs by requiring importers to get a special licence. 
  The moves are expected to primarily hurt Malaysia, Thailand, Vietnam and Singapore – members of the Association of Southeast Asian Nations (ASEAN) with which India has a free trade agreement (FTA). India is also worried about heavy trade flows from South Korea. 
  Thailand’s trade ministry said in a statement to Reuters that the ASEAN treaty should be reviewed to make it more liberal in terms of tariff liberalization and rules of origin and to have simpler customs and verification procedures.  
Meanwhile, Indian officials said the government was inclined to only stick to those FTAs that it deems mutually beneficial. India has a trade deficit with most of the countries it has signed FTAs with. 
  “Very clearly in ASEAN agreements India has got, in many respects, the bad end of the stick, particularly in the field of electronics where we now find a number of products are being routed through the ASEAN economies to India,” said George Paul, CEO of the Manufacturers’ Association for Information Technology.


  On August 3, 2020, the Office of the U.S. Trade Representative (USTR) issued a Federal Register notice seeking public comment on whether extensions for up to 12 months should be granted for particular products receiving exclusions from the Section 301 25 percent tariff on imports from China with an annual trade value of $34 billion (List/Tranche 1).   These product exclusions are set to expire on October 2, 2020, and were granted in the following Federal Register notices:
  The USTR states that it will evaluate the possible extension of each exclusion on a case-by-case basis. The focus of the evaluation will be “whether, despite the first imposition of these additional duties in July 2018, the particular product remains available only from China.” These issues should be addressed in any comments:
  • The availability of the particular product and/or a comparable product from sources in the United States and/or in third countries.
  • Any changes in the global supply chain since July 2018 as to the particular product or any other relevant industry developments.
  • Any efforts undertaken by importers or U.S. purchasers since July 2018 to source the product from the United States or third countries.
  • The severe economic harm to the commenter or other U.S. interests resulting from the imposition of additional duties on the products covered by the exclusion.
  As with past extension requests, the USTR also requests certain financial data (where appropriate), including the value and quantity of the excluded product purchased from China, from domestic sources and from third country sources in 2018 and 2019.
  The USTR is seeking public comments from interested parties on whether to extend any particular exclusion for up to 12 months. The period for comment runs from August 1, 2020 until August 31, 2020.  Comments must be submitted on the public docket on USTR’s web portal at https://comments.USTR.gov under Docket No. USTR-2020-0030 – Section 301 – China $34 Billion Trade Action (List 1).  New users will first have to create an account in order to submit comments.  For parties wishing to include Business Confidential Information (BCI), the USTR notes that such information will not be publicly available when comments are posted on the docket.  Parties may also upload supporting documents that can also be marked as public or BCI.

(Source: Thomsen and Burk Newsletter) [Part II will be published tomorrow]

* Principal Author: Roszel C. Thomsen II, Esq., 1-410-539-2596, Thomsen and Burke LLP 
Regulatory Updates

BIS Amends EAR to Suspend All License Exceptions for Hong Kong

  On July 31 2020, The Commerce Department’s Bureau of Industry and Security (BIS) published a final rule in the Federal Register amending the Export Administration Regulations (EAR) 15 CFR Parts 730-774, to suspend the availability of all License Exceptions for Hong Kong that provide differential treatment as compared to those available to China. This change to the EAR was first announced by BIS’s on June 30, 2020 and follows President Trump’s Executive Order 13936 that was issued on July 14, 2020, which implemented a range of changes to United States policy toward Hong Kong in response to China’s new national security law. BIS is taking this action as part of revised U.S. policy toward Hong Kong in response to the newly imposed security measures on Hong Kong by the Chinese Communist Party.  
  The following License Exceptions are suspended to the extent they allow exports or reexports to or from Hong Kong, or transfers within Hong Kong, when they may not be used for exports or reexports to the PRC, or transfers within the PRC:
  1. Shipments of Limited Value (LVS) (§740.3);
  2. Shipments to Group B Countries (GBS) (§740.4);
  3. Technology and Software under Restriction (TSR) (§740.6);
  4. Computers, Tier 1 only (APP) (§740.7(c));
  5. Temporary Imports, Exports, Reexports, and Transfers (in-country) (TMP) (§740.9(a)(11), (b)(2)(ii)(C, and (b)(5));
  6. Servicing and Replacement Parts and Equipment (RPL) (§740.10(a)(3)(viii), (a)(4), (b)(1) except as permitted to Country Group D:5, and (b)(3)(i)(F) and (ii)(C));
  7. Governments (GOV) (§740.11(c)(1)–Cooperating Governments only));
  8. Gift Parcels and Humanitarian Donations (GFT) (§740.12);
  9. Technology and Software Unrestricted (TSU) (§740.13);
  10. Baggage (BAG) (Sec. 740.14) (except as permitted by §740.14(d));
  11. Aircraft, Vessels, and Spacecraft (AVS) (§740.15(b)(1), (b)(2), (c));
  12. Additional Permissive Reexports (APR) (§740.16(a) and (j)); and
  13. Strategic Trade Authorization (STA) (§740.20(c)(2)).

  Reexports of items subject to the EAR from Hong Kong under License Exception APR §740.16(a) are also restricted.

  In this final rule, BIS also amends paragraph (a) of §740.2–Restrictions on all License Exceptions–by adding a new paragraph (a)(23) to identify the suspension of the availability of these License Exceptions for exports to Hong Kong, reexports to and from Hong Kong, and transfers within Hong Kong of all items subject to the EAR.
  A license must instead be sought and obtained whenever a license requirement applies for an export to, a reexport to, or a transfer within, Hong Kong. This rule includes saving clauses for items, including for deemed exports.
Additional Resources:
BIS Seeks Public Comments on Export Controls for Facial Recognition Software and Other Biometric Systems for Surveillance

  On July 17, 2020, the Commerce Department’s Bureau of Industry and Security (BIS) published a notice of inquiry seeking public comments on the list of items on the Export Administration Regulations’ (EAR) Commerce Control List (CCL) that are controlled for crime control and detection (CC) reasons to promote human rights throughout the world. The request for comments in this notice furthers the periodic review of items controlled for CC reasons and is intended to inform the agency’s decisions in updating (including additions and removals) items controlled for CC reasons on the CCL, as well as the related licensing requirements for such items. BIS takes this action pursuant to the Export Control Reform Act of 2018 (ECRA). Among the CC items of particular interest for new license requirements by BIS include facial recognition software and other biometric systems for surveillance, non-lethal visual disruption lasers, and long-range acoustic devices and their components, software, and technologies. 

  BIS seeks comments from the public; including industry and trade organizations, non-governmental organizations, government agencies, and academia, on crime control and detection items of particular interest for new license requirements, including facial recognition software and other biometric systems for surveillance; non-lethal visual disruption lasers; and long-range acoustic devices and their components, software, and technologies.

  BIS also seeks comments on current and proposed changes to items controlled on the CCL for CC reasons and on items designated as EAR99 on the CCL, including both the items noted below and related items.
  1. Facial recognition software and other biometric systems
  2. Non-lethal visual disruption lasers (“dazzlers”)
  3. Long-range acoustic devices and related components, software, and technologies for the above items.
  4. Police helmets-0A979
  5. Fingerprint readers-3A981, and components-(3A981, 4A980), software (3D980, 4D980), and technology (3E980, 4A980) thereof
  6. Fingerprint powders, dyes, and inks (1A985)
  7. Voice print identification systems (3A980) and components (3A980), software (3D980), and technology (3E980) thereof
  8. Polygraphs and psychological stress analysis equipment (3A981) and components (3A981), software (3D980), and technology (3E980) thereof
  9. Nonmilitary mobile crime science laboratories (9A980)
  10. Miscellaneous CC controls in ECCNs and sub-paragraphs of ECCNs 4A003, 4A980, 4D001, 4D980, 4E001, 4E980, 6A002, 6E001, and 6E002

  With regard to the aforementioned items described in more detail later in this notice, BIS seeks input on: (1) Information (including performance criteria) that may distinguish purely or predominantly consumer or commercial applications from applications purely or predominantly for use by law enforcement or security services and/or used in mass surveillance, censorship, privacy violations or otherwise useful in committing human rights abuses; (2) the impact of adding to, modifying, or removing items from the CCL on U.S. support of human rights throughout the world; and (3) the impact that changes of controls would have upon the competitiveness of U.S. business and industry.
  In addition to comments on the items listed below, BIS welcomes comments on the update of controls on other items for surveillance and crowd control as well as on related issues of concern to the public.
  BIS also seeks comments on potential revisions to CC controls that are based on end-uses and/or end-users, such as the end-use/end-user controls in Part 744 of the EAR.
Comments are due by September 15, 2020.
Commerce Adds 11 More Chinese Companies to the Entity List
  Effective with their publication in the Federal Register on July 22, 2020, Commerce Department’s Bureau of Industry and Security (BIS) added 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). In this final rule, BIS amended the EAR by adding the eleven entitites to the thirty-seven existing entries on the Entity List under the destination of China. All items subject to the EAR will require a license from BIS for export, reexport, or in-country transfer to the listed parties.

  This action supplements BIS’s first tranche of Entity List designations on October 9, 2019 and second tranche of Entitiy List designations on June 5, 2020 involving parties accused of engaging in the Xinjiang Uighur Autonomous Region repression campaign in Xinjiang. The new parties in China include:

  • Beijing Liuhe BGI., including one alias (Beijing Liuhe Huada Gene Technology);
  • Changji Esquel Textile Co. Ltd., including one alias (Changji Yida Textile);
  • Hefei Bitland Information Technology Co. Ltd., including three aliases (Anhui Hefei Baolongda Information Technology; Hefei Baolongda Information Technology Co., Ltd.; and Hefei Bitland Optoelectronic Technology Co., Ltd);
  • Hefei Meiling Co. Ltd., including one alias (Hefei Meiling Group Holdings Limited);
  • Hetian Haolin Hair Accessories Co. Ltd., including two aliases (Hotan Haolin Hair Accessories; and Hollin Hair Accessories);
  • Hetian Taida Apparel Co., Ltd., including one alias (Hetian TEDA Garment);
  • KTK Group, including three aliases (Jiangsu Jinchuang Group; Jiangsu Jinchuang Holding Group; and KTK Holding);
  • Nanchang O-Film Tech, including one alias (Nanchang Oufeiguang Technology);
  • Nanjing Synergy Textiles Co. Ltd., including two aliases ( Nanjing Xinyi Cotton Textile Printing and Dyeing; and Nanjing Xinyi Cotton Textile);
  • Tanyuan Technology Co. Ltd., including five aliases (Carbon Yuan Technology; Changzhou Carbon Yuan Technology Development; Carbon Element Technology; Jiangsu Carbon Element Technology; and Tanyuan Technology Development); and
  • Xinjiang Silk Road BGI, including one alias (Xinjiang Silk Road Huada Gene Technology).

  In addition, this final rule revises two entries for entities on the Entity List under the destination of China. BIS is revising the entity name in the entry for “Xinjiang Uighur Autonomous Region (XUAR) People’s Government Public Security Bureau,” which was added to the Entity List on October 9, 2019 (84 FR 54004), and revising an address in the entry for the entity “Ministry of Public Security’s Institute of Forensic Science of China,” which was added to the Entity List on June 5, 2020 (85 FR 34505). Both revisions replace the term “Uighur” with “Uyghur” consistent with the standardized spelling utilized by the United States Government in official communications and documents.


(Source: DHS/CBP) 
* What: Webex Broker Exam Webinar
* Webinar 1: August 12th, 2020; 2:00-3:00 pm EST
* Webinar 2: September 23rd, 2020; 2:00-3:00 pm EST
* Register: Free Registration. Find more details (here).

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

ITAR & EAR from a non-US perspective
Tuesday, 8 September 2020
More Info
The ABC of Foreign Military Sales (FMS)
Tuesday, 29 September 2020
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EN_a114. Bartlett’s Unfamiliar Quotations

(Source: Editor)

Lucile Ball (Lucille Désirée Ball; 6 Aug 1911 – 26 Apr 1989; was an American actress, comedienne, model and studio executive, and producer. She was the star and producer of sitcoms “I Love Lucy,” “The Lucy Show,” “Here’s Lucy,” and “Life with Lucy,” as well as comedy television specials aired under the title “The Lucy-Desi Comedy Hour.”)
  – “I’d rather regret the things I’ve done than regret the things I haven’t done.”
  – “If you want something done, ask a busy person to do it. The more things you do, the more you can do.”
  – “The more things you do, the more you can do.”
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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.
Latest Update 


5 Apr 2019: 84 FR 13499:

Civil Monetary Penalty Adjustments for Inflation. 
31 Jul 2020: 85 FR 45998: Revision of the Export Administration Regulations and Suspension of License Exceptions for Hong Kong. 
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 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. 

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.


29 Jul 2020: 85 FR 45513 Extension to Certain Temporary Suspensions, Modifications, and Exceptions due to Corona Virus.  The latest edition of the BITAR is 29 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. 


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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