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20-1116 Monday “Daily Bugle”

20-1116 Monday “Daily Bugle”

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Monday, 16 November 2020

  1. Treasury/OFAC: “Blocking or Unblocking of Persons and Properties”
  2. Dep of State: “Foreign Affairs Policy Board Meeting Notice Closed Meeting”
  1. Items Scheduled for Future Federal Register Edition
  2. Commerce/BIS: (No new postings)
  3. State/DDTC: (No new postings)
  4. Justice: “University Researcher Pleads Guilty to Lying on Grant Applications to Develop Scientific Expertise for China”
  5. Treasury/OFAC: “Statement on ByteDance and TikTok by Treasury Spokesperson Monica Crowley”
  6. Treasury/OFAC: “Issuance of Executive Order on Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies”
  7. UK ECJU Updates Consolidated List of Financial Sanctions Targets In The UK-Venezuela-
  1. EUS: “US Executive Order Prohibits Investments in Companies Linked to China Military”
  2. The Independent: “The Chair of Parliament’s Defence Committee Has Demanded an Explanation for how UK-Made Sniper Rifles Got into the Hands of Russia Troops Confronting British Soldiers in the Baltic.
  1. Barron’s: “Can Elon Musk Keep Beijing and Washington Happy?”
  2. L. Lyons: “It’s Triennial Report Time Again Folks!”
  3. Steptoe: “Executive Order Prohibits US Persons from Buying Securities of Chinese Military Companies as of January 11, 2021”
  4. Ted Murphy: “A Big Deal: RCEP”
  1. Monday List of Ex/Im Job Openings: 60 Jobs Available – 10 New Job Openings This Week
  1. FD Associates Presents: “U.S. Canada Joint Certification Program (JCP)”
  2. FCC Academy Presents: 1 and 3 Dec; “U.S. Export Controls: ITAR/EAR” and “FMS”
  1. Bartlett’s Unfamiliar Quotations 
  2. New Version of the BAFTR is Available Today 
  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) [Excerpt]
 
85 FR 73131: Notice
 
* AGENCY: Office of Foreign Assets Control, Treasury.
* ACTION: Notice.
* SUMMARY: The 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 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.
* DATES: See SUPPLEMENTARY INFORMATION section for applicable date(s).
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; or Assistant Director for Regulatory Affairs, tel.: 202-622-4855.

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(Source: Federal Register)
 

* Commerce/BIS; Notices; Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Additional Protocol to the United States-International Atomic Energy Agency Safeguards; [Pub. Date: 10 Nov 2020] (PDF)
 
* Commerce/BIS; Notices; Agency Information Collection Activities; Proposals, Submissions, and Approvals:Import, End-User, Delivery Verification Certificates and Firearms Entry Clearance Requirements; [Pub. Date: 10 Nov 2020] (PDF)

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OGS OTHER GOVERNMENT SOURCES

(Source: Federal Register)
 

* Commerce/BIS; RulesIdentification of Prohibited Transactions to Implement Executive Order 13942 and Address the Threat Posed by TikTok and the National Emergency with Respect to the Information and Communications Technology and Services Supply Chain:Preliminary Injunction Order by a 

Federal District Court; [Pub. Date: 17 Nov 2020] (PDF)

 
* Executive Office of the President; Executive Orders Communist Chinese Military Companies; U.S. Efforts To Address Threat From Securities Investments That Finance (EO 13959); [Pub. Date: 17 Nov 2020] (PDF)

 
* International Trade Commission; NoticesInvestigations; Determinations, Modifications, and Rulings, etc.: Recommended Modifications in the Harmonized Tariff Schedule, 2020; [Pub. Date: 17 Nov 2020] (PDF)

 
* U.S.-China Economic and Security Review Commission; Notices
Meetings: Open Public Event; [Pub. Date: 17 Nov] (PDF)

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OGS_a24. Commerce/BIS: (No new postings)

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OGS_a46. Justice: “University Researcher Pleads Guilty to Lying on Grant Applications to Develop Scientific Expertise for China”

(Source: DOJ Office of Public Affairs, 12 Nov 2020) [Excerpts]
 
A rheumatology professor and researcher with strong ties to China pleaded guilty to making false statements to federal authorities as part of an immunology research fraud scheme.  Song Guo Zheng, 58, of Hilliard, Ohio, appeared in federal court today, at which time his guilty plea was accepted …
“Zheng promised China he would enhance the country’s biomedical research. He was preparing to flee the United States after he learned that his American employer had begun an administrative process into whether or not he was complying with American taxpayer-funded grant rules,” said David M. DeVillers, U.S. Attorney for the Southern District of Ohio. “Today’s plea reinforces our proven commitment to protect our country’s position as a global leader in research and innovation, and to punish those who try to exploit and undermine that position.”  …

As part of his plea, Zheng admitted he lied on applications in order to use approximately $4.1 million in grants from the National Institutes of Health (NIH) to develop China’s expertise in the areas of rheumatology and immunology.  Zheng was a professor of internal medicine who led a team conducting autoimmune research at The Ohio State University and Pennsylvania State University. According to his plea, Zheng caused materially false and misleading statements on NIH grant applications, seeking to hide his participation in Chinese Talent Plans and his affiliation and collaboration with a Chinese university controlled by the Chinese government. Making false statements to the federal government is a crime punishable by up to five years in prison.

Zheng was arrested Friday, May 22, 2020, after he arrived in Anchorage, Alaska, aboard a charter flight and as he prepared to board another charter flight to China. When he was arrested, he was carrying three large bags, one small suitcase and a briefcase containing two laptops, three cell phones, several USB drives, several silver bars, expired Chinese passports for his family, deeds for property in China and other items.  He was transported to the Southern District of Ohio and made his first federal court appearance in Columbus on July 7, 2020.

According to court documents, since 2013, Zheng had been participating in the “Chinese Talent Plan,” a program established by the Chinese government to recruit individuals with knowledge or access to foreign technology intellectual property. Since that time, Zheng used research conducted in the United States to benefit the People’s Republic of China. Zheng failed to disclose conflicts of interest or his foreign commitments to his American employers or to the NIH. …
 
 

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OGS_a57. Treasury/OFAC: “Statement on ByteDance and TikTok by Treasury Spokesperson Monica Crowley”

(Source: Treasury/OFAC, 13 Nov 2020)
 
The President’s August 14 Order requires ByteDance and TikTok Inc. to undertake specific divestments and other measures to address the national security risk arising from ByteDance’s acquisition of Musical.ly.  Consistent with the Order, the Committee on Foreign Investment in the United States (CFIUS) has granted ByteDance a 15-day extension of the original November 12, 2020 deadline.  This extension will provide the parties and the Committee additional time to resolve this case in a manner that complies with the Order.   
The President’s August 6 Order is separate from his August 14 Order and addresses risks to U.S. national security by prohibiting specified transactions with ByteDance or its subsidiaries pursuant to the President’s authority under the International Emergency Economic Powers Act.  The current status of the Department of Commerce’s implementation of the August 6 Order can be found here.
 
 

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OGS_a68. Treasury/OFAC: “Issuance of Executive Order on Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies”

(Source: Treasury/OFAC, 13 Nov 2020)
 
The President has issued an Executive Order, “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.”
 
 

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OGS_a79. UK ECJU Updates Consolidated List of Financial Sanctions Targets in Venezuela

(Source: UK ECJU, 13 Nov 2020)
 
The UK ECJU updates the consolidated list of sanctions targets related to the situation in Venezuela.
 
 

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COM NEWS

 
The Trump administration has issued an Executive Order, “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies”, which will come into force at 09:30 EST on 11 January 2021. According to a statement by National Security Adviser Robert O’Brien, the purpose of the E.O. is to prevent investors from “unintentionally providing capital that goes to enhancing the capabilities of the People’s Liberation Army [and China’s] intelligence services”.

The E.O. prohibits US persons from purchasing or investing in any securities, including stocks, shares, funds, or other financial products in Chinese companies operating directly or indirectly in the US that OFAC or the Defence Dept have identified as “Chinese military companies” or their subsidiaries. This includes companies that are owned or controlled by PLA, or a government department affiliated with PLA’s defence industrial base, and are engaged in providing commercial services, manufacturing, producing or exporting. US people/entities must divest themselves of any investments held in the listed companies by 11 November 2021.

In July 2020, the Pentagon published a list of 20 Chinese companies said to have links with PLA, which included state-owned and New York Stock Exchange listed companies involved in nuclear, aviation and telecoms activities (see post).

(Source: The Independent, 10 Nov 2020) [Excerpts]
 
Tobias Ellwood told a parliamentary committee that the high-power rifles were “actually being aimed at British soldiers” taking part in Nato operations in Estonia.

The export of arms to Russia has been banned since 2014 under sanctions imposed following the annexation of part of Ukraine.  Mr Ellwood told the House of Commons Arms Export Controls Committee that the guns were produced by Portsmouth-based company Accuracy International.
 
“Some of these weapons systems have now ended up in the hands of Russians that are now working in Eastern Europe,” he said. “And these weapons are actually being aimed at British soldiers who are also based in support of the Baltic countries and on the NATO operations that are being conducted.” He called for an investigation by the Department for International Trade, whose director general for trade relations Amanda Brooks was giving evidence to the committee.  

Ms Brooks said the department was aware of reports of UK sniper weapons finding their way into Russian hands. She assured Mr Ellwood: “There is an arms embargo in place for Russia, and therefore nothing has been licensed that would contravene that arms embargo.” But she added: “We are aware that there were some sniper rifles that were licensed, if they were sporting rifles, either to individuals or dealers for sporting purposes only before that arms embargo was in place, which may be the source of those.”  …

Andrew Smith of Campaign Against Arms Trade said: “The fact that Russian forces are using UK-made rifles is yet another sign of how broken the arms export system is. It is staggering that this was not already being investigated as a matter of priority. “Weapons can easily change hands, and there is no such thing as arms control in a war zone. The lifespan of a weapon is often longer than the lifespan of the situation it is sold into.  “Once weapons have left these shores there is very little oversight of who is using them, and who they are being used against. The best way to stop weapons from being used in atrocities and abuses is not to sell them in the first place.” …

COM COMMENTARY

(Source: Barron’s13 Nov 2020) [Excerpts]
 
It’s been quite a balancing act. Elon Musk, the CEO of both the electric-car company Tesla and the aerospace manufacturer SpaceX, has managed to play nice with both the U.S. government and the Chinese Communist Party. Musk has one of the closest relationships with Beijing of any American business leader, and at the same time, provides the Pentagon with technology that could help the U.S. military defend the Taiwan Strait. 

So far, it’s worked, as reflected in recent deals, Tesla’s share price, and general investor optimism about his businesses. In early October, SpaceX secured an important $149 million contract for a Pentagon missile-warning system. NASA and the Defense Department are by far its two most important customers, and SpaceX handles approximately two-thirds of NASA’s launches. Over the last 12 months, Tesla’s stock price has grown roughly sixfold, helping Musk obtain a net worth that Forbes estimates at roughly $90 billion. In its second-quarter earnings report, Tesla said it earned 23.3% of its revenue in China, more than double the same period in 2019.  

But investors are overlooking the potential for spiking U.S.-China tensions to penalize SpaceX for Tesla’s relationship with Beijing. The Biden administration will likely continue to challenge China’s predatory trade practices, and will better coordinate its China strategy with U.S. allies, further alienating Beijing. Moreover, it’s not unthinkable for Beijing to use this transition period to test U.S. resolve, further inflaming tensions. To understand the risks, it’s important to understand just how close Musk and Tesla are with Beijing, and how close Tesla is with SpaceX. In January 2019, Musk visited Shanghai to unveil a $5 billion Gigafactory, which could eventually produce over 500,000 electric vehicles annually for the Chinese market. He then had the opportunity-unusual for a U.S. business leader-to meet privately with Premier Li Keqiang in Zhongnanhai, the Party’s inner sanctum. The Gigafactory is the first foreign-owned car plant to open in China without a domestic partner, and one of the largest direct investments ever in the country by a U.S. firm. . . .

To sell to the Pentagon and NASA, SpaceX must remain compliant with the International Traffic in Arms Regulations (ITAR), a vague but strict set of rules that requires weapons manufacturers to prevent their technology from being accessed by countries like China. Any leak, or forced technology transfer to China, could jeopardize SpaceX’s ITAR compliance-and with it, its relationship with U.S. government entities. “We’re focused on successful missile execution with NASA contractors and commercial partners,” a NASA spokesperson said, in response to a query about its relationship with SpaceX, “and we expect all those companies to meet all legal requirements in the execution of the services they provide.” . . .

To be sure, this is not only a problem for Musk and Tesla. Apple, Boeing, and even Starbucks must constantly calibrate their relationships with Washington and Beijing. China is Boeing’s second-largest market for its commercial aircraft sector, and Boeing has a longstanding partnership with the Commercial Aircraft Corporation of China. But that didn’t stop Beijing from sanctioning Boeing’s defense contractor business in late October, after the company sold weapons to Taiwan. 

Other American CEOs have close relationships to the Party. But Musk is the only one who loudly praises Beijing while running a space company with incredibly sensitive and powerful defense applications. Can Musk continue to walk this line? A clearer separation between SpaceX and Tesla would help him manage the potential downsides of a spiraling U.S.-China relationship. 
Musk, and those who invest in his companies, would do well to be wary of these risks.

(Source: Laura Lyons, 13 Nov 2020)

    
NO EXCUSES! I came Out of retirement to point this out to you!  Customs Broker Triennial Status Report and Fee: Due every three years from all license holders, the triennial status report and its associated $100 fee are required under 19 CFR 111.30 (d). The next reporting period runs from December 15, 2020 to February 28, 2021.  The report and fee can be submitted online or at the port through which the original broker license was delivered.  Reports and payments sent to CBP headquarters do not satisfy reporting requirements and will be returned

Failure to submit the triennial status report and fee to the licensee’s relevant port will result in suspension and revocation of the broker license. Although there is no official mandated form for the report, the requirements and essential elements are specified in 19 CFR 111.30(d).  For more information, please refer to the Customs Broker Frequently Asked Questions page. All checks or money orders submitted for payment of any fee should be made payable to U.S. Customs and Border Protection.

(Source: Steptoe, 13 Nov 2020)
 
* Principal Author: Nicholas Turner, Esq.,852-3729-1806 , Steptoe & Johnson LLP
 
On November 12, 2020, the White House issued an Executive Order (“EO”), “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies,” which will prohibit US persons from purchasing securities of certain “Communist Chinese military companies,” including 31 companies previously identified by the US Department of Defense (“DoD”) in June and August 2020 (available here and here). The prohibitions in the EO will take effect on January 11, 2021.

Background
The EO, which was issued pursuant to the president’s authority under the International Emergency Economic Powers Act (“IEEPA”), declares a national emergency with respect to the “PRC’s military-industrial complex,” which is said to be “directly supporting the efforts of the PRC’s military, intelligence, and other security apparatuses” and threatening the national security, foreign policy, and economy of the United States.

In response to this stated threat, the EO will prohibit US persons from purchasing publicly listed securities of specific “Communist Chinese military companies,” as that term is defined  in Section 1237 of the National Defense Authorization Act for Fiscal Year 1999, as amended (“NDAA 1999”).  Restrictions will go into effect on January 11, 2021 against the 31 companies already identified by DoD, and will take effect 60 days after any subsequent listings by the DoD or the US Department of the Treasury.
(Click here for Steptoe’s blog post of August 31, 2020, with more information on the DoD’s earlier identifications of “Communist Chinese military companies” under Section 1237 of the NDAA 1999.)

The EO also builds on proposals advanced by members of Congress and others to limit investments in Chinese companies that are engaged in activities perceived to threaten US interests. One of these proposals, the American Financial Markets Integrity and Security Act (S.4872), would, if passed, prohibit the listing of shares of “Chinese military companies” and other “covered entities” on US exchanges and restrict investments in such companies by US-regulated financial firms.

The EO also reflects concerns about transparency of publicly traded Chinese companies raised in the Presidential Working Group on Financial Markets July 2020 “Report on Protecting United States Investors from Significant Risks from Chinese Companies,” and also reflected in the Holding Foreign Companies Accountable Act, which was passed by the Senate earlier this year.
Separately, the US State Department has gone as far as to say that US universities should stop investing endowment portfolios in Chinese companies, warning about “the likely outcome that enhanced listing standards lead to a wholesale de-listing of PRC firms from US exchanges by the end of next year.”
Summary of Prohibitions

The EO, at Section 1(a)(i) will prohibit US persons from engaging in “any transaction in publicly traded securities, or any securities that are derivative of, or are designed to provide investment exposure to such securities,” of any Communist Chinese military company included on the current DoD list and identified in the Annex to the EO, beginning at 9:30 a.m. EST on January 11, 2021.

The term “transaction” is defined as “the purchase for value of any publicly traded security.”
“US person” is defined to include any US citizen or permanent resident alien, any person in the United States, or any entity incorporated in the United States (including foreign branches). The term does not include foreign subsidiaries of US companies.

The EO uses the broad definition of “Communist Chinese military company” provided in Section 1237 of the NDAA 1999.  This definition includes any company “owned or controlled by, or affiliated with, the People’s Liberation Army or a ministry of the Government of the People’s Republic of China, or that is owned or controlled by an entity affiliated with the defense industrial base of the People’s Republic of China” and “is engaged in providing commercial services, manufacturing, producing, or exporting.”

Specifically, the restrictions in the EO apply to:
  • Any entity previously identified by the DoD pursuant to Section 1237 of the NDAA 1999 (these entities will be included in an annex to the EO);
  • Any entity identified in the future by the DoD, in consultation with the Treasury Department, pursuant to Section 1237; and
  • Any entity identified by the Treasury Department as meeting the definition of “Communist Chinese military company” under Section 1237 of the NDAA 1999, or that Treasury “publicly lists as a subsidiary” of any identified Communist Chinese military company.
 
The term “security” has the same meaning as in 15 USC. § 78c(a)(10), which includes: “any note, stock, treasury stock, security future, security-based swap, bond, debenture, certificate of interest or participation in any profit-sharing agreement or in any oil, gas, or other mineral royalty or lease, any collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or in general, any instrument commonly known as a ‘security’; or any certificate of interest or participation in, temporary or interim certificate for, receipt for, or warrant or right to subscribe to or purchase, any of the foregoing.”

However, the EO adds to this definition of “security” (which is excluded from the statutory definition above) the following: “currency or any note, draft, bill of exchange, or banker’s acceptance which has a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof the maturity of which is likewise limited.”

Section 2(a) and (b) of the EO prohibit any “transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate” the EO, as well as any conspiracy to violate the prohibitions in the EO.

Enforcement of the EO could include both civil and criminal penalties under IEEPA.

Grace Periods
For companies identified after November 12, 2020, the prohibitions will take effect 60 days after their identification.
The EO contains an exception, at Section 1(b), that will allow “purchase for value or sales” of securities of a listed company by US persons to continue until November 11, 2021, if the transactions are “solely to divest, in whole or in part” securities (including derivatives) held by a US person as of January 11, 2021.

This provision may be interpreted as a “wind-down” period allowing US persons to divest securities until November 11, 2021. However, given the definition of “transaction,” which is limited to purchases, the EO does not expressly prohibit US persons from continuing to hold or sell shares of Chinese military companies past November 11, 2021, although this interpretation is subject to further clarification by the Treasury Department. This provision could be especially relevant for US persons acting as intermediaries (e.g., broker-dealers).
For any company listed after November 12, 2020, this “wind-down” period will run for 365 days after the date of the company’s listing.

The EO’s prohibitions will apply until the DoD or Treasury Department removes an entity from the list.

Takeaways
According to a statement from National Security Advisor Robert O’Brien, the EO is primarily intended to prevent “individual investors in the United States” from “unknowingly provid[ing] funds to [such companies] through passive institutional investment vehicles such as mutual funds and retirement plans.” However, we caution that this statement does not serve as a legal interpretation of the scope of the Executive Order.

While the EO is subject to further guidance from the Treasury Department, the EO appears to be designed to prohibit purchases for value of publicly listed securities of “Communist Chinese military companies” by US persons. The EO is not limited to US-listed securities.

On its face, the EO does not appear to prohibit the receipt (without an exchange of value), sale, custody, settling, or otherwise facilitating trades of securities, or other activities such as advising on securities of Chinese military companies. However, the Treasury Department may provide additional guidance in the coming weeks on the EO’s intended scope, and ultimately issue regulations which could expand the scope of the prohibitions.

The EO does not provide for blocking sanctions, and does not appear to implicate the “50 Percent Rule.”  While some companies currently identified by DoD under Section 1237 of the NDAA 1999 are subject to other restrictions under US law (e.g., through inclusion on the US Commerce Department’s Entity List), none of the companies are currently designated as Specially Designated Nationals.

(Source: Ted Murphy, 16 Nov 2020)
 
* Author: Ted Murphy, Esq., 1 202 736 8016, Sidley Austin LLP
 
We wanted to be sure that you were aware of major trade development that occurred over the weekend.  Yesterday, 15 Asian nations signed one of the largest trade agreements in history.  The Regional Comprehensive Economic Partnership (RCEP) includes the 10 members of ASEAN (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam), as well as Australia, China, Japan, New Zealand and South Korea.  The agreement covers about one-third of the world’s population and economic output and is likely to have a meaningful impact on world trade for years to come. 
 
While the United States is not a member of RCEP (or of the former Trans-Pacific Partnership Agreement; which was renamed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) after the United States withdrew at the beginning of the Trump Administration; CPTPP includes Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam), this is a development that all U.S. companies that source from, and sell to, Asia should be following, as it has the potential to make articles traded within the bloc significantly more competitive than articles produced outside the bloc (by providing preferential duty treatment to qualifying articles produced in other member countries) and should be factored into supply chain decisions.  The agreement should also lead to further integrated economies in Asia (by increasing trade) and make the intra-bloc trade more efficient (by replacing a variety of different trade agreements, each with different rules of origin, with a single agreement with a single set of rules of origin). 
 
RCEP is not without its challenges.  For example, it still needs to be ratified by the member countries, certain members currently (or in the recent past) have had strained trade relations (e.g., China and Australia currently/Japan and Korea in the recent past), it is a relatively ‘shallow’ agreement.  Nevertheless, the agreement represents a meaningful development, particularly as tariff and non-tariff barriers continue to go up elsewhere in the world.

TE EX/IM MOVERS & SHAKERS:

MS_a116. Monday List of Ex/Im Job Openings: 60 Jobs Available – 10 New Job Openings This Week

* ABB; Greenville, SC; Trade Compliance Manager
* Arrow Electronics; Centennial, CO; Import & Customs Compliance Specialist; Contact Details: ssalmon@arrow.com
* Autodesk; San Francisco, CA; Corporate Counsel, Trade Compliance
* BAE Systems; Falls Church, VA; Licensing Analyst
* DB Schenker; Miami; FL; Air Export Coordinator
* Dell; Round Rock, TX; Import/Export Compliance Advisor
* Juniper; Sunnyvale, CA; Intl Trade & Compliance Dir
* L3Harris; Melbourne, FL; Procurement Sr Associate
* Raytheon Technologies Corporate; Farmington, CT; Center of Excellence and Automation (COE&A) Manager; Job ID: 162657BR
* U.S. Department of Commerce Office of Chief Counsel for International Commerce; Washington, DC; Attorney Advisor; Contact Details: Glenn Kaminsky, OCCIC@doc.gov

 

Click here for the full list.   

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TE EX/IM TRAINING EVENTS & CONFERENCES

(Source: FD Associates)
 
* What:  Webinar “U.S. Canada Joint Certification Program (JCP)” — Agenda
* When:  Thursday 10 Dec; 1-2:15 PM
* Where:  Your computer 
* Sponsor:  FD Associates
* Presenters: Jenny Hahn, President, FD Associates & Keil Ritterpusch, Senior Compliance Associate.    
* Register HERE, call 1-703-847-5801, or email info@fdassociates.net.
 * * * * * * * * * * * * * * * * * * * *

U.S. Export Controls: ITAR & EAR from a non-U.S. Perspective (Tuesday, 1 Dec 2020)
Presenters: Jim Bartlett & Marco Crombach
Register or find more information here.

 
The ABC of Foreign Military Sales (FMS) (Thursday, 3 Dec 2020)
Register or find more information here.
Presenters: Mike Farrell & Jim Bartlett

* Register for both and take advantage of our discounted price!

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EN EDITOR’S NOTES

EN_a119. Bartlett’s Unfamiliar Quotations

(Source: Editor)

 
Franklin Pierce Adams (15 Nov 1881 – 23 Mar 1960; was an American columnist. Famed for his wit, he is best known for his newspaper column, “The Conning Tower,” and his appearances as a regular panelist on radio’s “Information Please.” A prolific writer of light verse, he was a member of the Algonquin Round Table of the 1920s and 1930s.)
  – “I find that a great part of the information I have was acquired by looking up something and finding something else on the way.”
 
* Michael Arlen (born Dikran Kouyoumdjian; 16 Nov 1895 – 23 Jun 1956; was a British essayist, short story writer, novelist, and playwright. His works became an inspiration for famous Hollywood movies such as A Woman of Affairs (1928), starring Greta Garbo; The Golden Arrow (1936), starring Bette Davis; and The Heavenly Body (1944), starring William Powell and Hedy Lamarr.)
  – “It is amazing how nice people are to you when they know you’re going away.”
 
Monday is pun day.
* How do you think the unthinkable?  With an ithberg.
* What do you call a broken can opener?  A can’t opener.
* If someone says she’s cold, tell her to go stand in a corner. It’s 90 degrees there.
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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. 

9 Oct 2020: 
85 FR 64014:  Revisions to the Unverified List (UVL)

DOC FOREIGN TRADE REGULATIONS (FTR): 15 CFR Part 30.   24 Apr 2018: 83 FR 17749: Foreign Trade Regulations (FTR): Clarification on Kimberley Process. Latest update of Bartlett’s Annotated FTR (BAFTR): 9 Nov 2020. 
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. 

28 Sep 2020: 

85 FR 60874: Temporary Amendment for Republic of Cyprus. The latest edition of the BITAR is 28 Sep 2020. 

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