;

19-1115 Friday “Daily Bugle'”

19-1115 Friday “Daily Bugle”

Friday, 15 November 2019

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  1. AW-Tronics LLC, of Miami, FL, Ali Caby, and Arrowtronic, LLC, Agree to Settlement with BIS to be Debarred and Designated “Denied Persons” for Conspiracy to Export Goods to Syria
  1. Items Scheduled for Publication in Future Federal Register Editions
  2. Commerce/BIS: (No new postings.)
  3. Justice: “Iranian Businessman Sentenced for Violating U.S. Sanctions by Exporting Carbon Fiber to Iraq”
  4. State/DDTC: (No new postings.)
  5. U.S. District Court (Nev.): “Firearms Exporter Asks Federal Court to Stop DDTC from Imposing ‘Unlawful Presumption of Denial'”
  6. DHS/CBP: “Drawback: Revised CBP Form 7553 Posted to CBP.gov”
  1. S.C.D. Neylan: “Sanction 2020 – A Practical Cross-Border Insight into Sanctions Law in Canada”
  1. ECS Presents “ITAR/EAR Boot Camp: Achieving Compliance” on 11-12 Feb in Tampa, FL
  2. FCC Presents “The ABCs of FMS,” 28 Nov in Bruchem, the Netherlands
  3. List of Approaching Events: 115 Events Posted This Week, Including 8 New Events
  1. Bartlett’s Unfamiliar Quotations
  2. Are Your Copies of Regulations Up to Date? Latest Amendments: DHS/Customs (5 Apr 2019), DOC/EAR (9 Oct 2019), DOC/FTR (24 Apr 2018), DOD/NISPOM (18 May 2016), DOE/AFAEC (23 Feb 2015), DOE/EINEM (20 Nov 2018), DOJ/ATF (14 Mar 2019), DOS/ITAR (30 Aug 2019), DOT/FACR/OFAC (9 Sep 2019), HTSUS (3 Sep 2019) 
  3. Weekly Highlights of the Daily Bugle Top Stories 

EXIMITEMS FROM TODAY’S FEDERAL REGISTER

EXIM_a1

1. AW-Tronics LLC, of Miami, FL, Ali Caby, and Arrowtronic, LLC, Agrees TO Settlement with BIS to be Debarred and Designated “Denied Persons” for Conspiracy to Export Goods to Syria

(Source:
Federal Register, 15 Nov 2019.) [Excerpts.]
 
84 FR 62502:  Order Relating to AW-Tronics LLC
* AGENCY: Commerce, Bureau of Industry & Security
* ACTION:  Order
* RESPONDENTS: AW-Tronics LLC, of Miami, Florida.  Ali Caby, AW-Tronics, LLC, and Arrowtronic, LLC are jointly and severally liable.
* CHARGE:  15 CFR 764.2(d)-Conspiracy
* SUMMARY: The Bureau of Industry and Security, U.S. Department of Commerce (”BIS”), has notified AW-Tronics LLC, of Miami, Florida, (”AW-Tronics”) that it has initiated an administrative proceeding against it pursuant to Section 766.3 of the Export Administration Regulations through the issuance of a Charging Letter alleging that AW-Tronics, Ali Caby, Arash Caby, Marjan Caby, and Arrowtronic, LLC, violated the Regulations as follows: Charge 1 15 CFR 764.2(d)-Conspiracy. … The purpose and object of the conspiracy was to unlawfully export goods from the United States through transshipment points to Syria, including to Syrian Arab Airlines (”Syrian Air”), the flag carrier airline of Syria and a Specially Designated Global Terrorist (”SDGT”), and in doing so evade the prohibitions and licensing requirements of the Regulations and avoid detection by U.S. law enforcement. … Whereas, BIS and AW-Tronics have entered into a Settlement Agreement pursuant to EAR Sect. 766.18(b), whereby they agreed to settle this matter in accordance with the terms and conditions set forth therein.
* PENALTY: As set forth in Settlement Agreement pursuant to Section 766.18(b). Among other penalties, Respondents are designated “Denied Persons.” Any EAR license in which AW-Tronics has an interest is revoked.
* DEBARRED: 6 years
* DATE OF ORDER: October 30, 2019; effective immediately
.

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

OGSOTHER GOVERNMENT SOURCES

OGS_a12
. Items Scheduled
for Publication in Future Federal Register Editions

(Source: Federal Register)
 

[No items of interest noted today.]


back to top
 

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


(No items of interest noted today.)

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

OGS_a24
. Justice: “Iranian Businessman Sentenced for Violating U.S. Sanctions by Exporting Carbon Fiber to Iran”

(Source:
DOJ , 14 Nov 2019)
 
The Department of Justice announced that Behzad  Pourghannad was sentenced yesterday to 46 months in prison for participating in a conspiracy to export carbon fiber from the United States to Iran between 2008 and 2013.  Pourghannad pleaded guilty on Aug. 29, 2019, before United States Magistrate Judge Paul E. Davison.  United States District Judge Vincent L. Briccetti imposed yesterday’s sentence. 
 
“Pourghannad falsified shipment documents and used front companies to export carbon fiber to Iran in violation of U.S. sanctions,” said Assistant Attorney of National Security John C. Demers.  “Carbon fiber is used by the Iranian Regime to further its nuclear, military, and aerospace programs.  We continue to thwart the efforts of the Iranian regime to evade our sanctions and work steadfastly with our international partners to investigate, prosecute and bring sanctions violators to justice.”  . . .  No one involved in these transactions obtained permission from the U.S. Department of Treasury, Office of Foreign Assets Control to export the carbon fiber from the United States. 

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

OGS_a35
State/DDTC: (No new postings.)
(Source:
State/DDTC)

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

OGS_a46. U.S. District Court (Nev.): Firearms Exporter Asks Federal Court to Stop DDTC from Imposing ‘Unlawful Presumption of Denial'”

(Source: Pacemonitor.com) [Excerpts.]
 
* Case Name: Thorne et al
v. Dept. of State et al
* Citation:
Nevada District Court Docket No. 2:19-cv-01982
* Parties:
  – Plaintiffs: Robert D. Thorne, Jr. (“Thorne”), Barbara J. Denysschen (“Denysschen”), Dave Sheer Guns (“Dave Sheer”), Diplopoint, Southern Arms, Pretoria Arms Pty Ltd, and G and D Group (Dave Sheer, Diplopoint, Southern Arms, Pretoria Arms Pty Ltd, and G and D Group, collectively referred to herein as the “Dave Sheer entities”)
  — Counsel for Plaintiffs: Matthew A. Goldstein (Pro Hac Vice Forthcoming), mgoldstein@farhangmedcoff.com; Robert A. Bernheim (Pro Hac Vice Forthcoming), rbernheim@farhangmedcoff.com; Farhang & Medcoff, PLLC
  – Defendants: U.S. Department of State; Michael R. Pompeo, in his official capacity as Secretary of U.S. Department of State; Directorate of Defense Trade Controls, Bureau of Political Military Affairs, U.S. Department of State; Mike Miller, in his official capacity as Acting Deputy Assistant Secretary for Defense Trade Controls, Bureau of Political Military Affairs, U.S. Department of State
* Date of Filing: 13 Nov 2019
* Judge:
James C Mahan
* Pleadings (partial):

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
INTRODUCTION
   (1) This is an action for declaratory and injunctive relief challenging the U.S. Department of State Directorate of Defense Trade Controls’ (“DDTC”) failure to provide due process protections in debarring persons under the International Traffic in Arms Regulations (“ITAR”), 22 C.F.R. Parts 120 to 130, as administered by the U.S. Department of State (“State Department”) under the authority of the Arms Export Control Act (“AECA”), 22 U.S.C. § 2778.
   (2) This action does not challenge any DDTC discretion whether to grant a particular license or other approval.
   (3) On the contrary, this action arises from multiple DDTC’s actions that prohibit the Dave Sheer entities and Barbara Denysschen from participating in transactions subject to the ITAR.
   (4) Specifically, DDTC:
a) imposes a “presumption of denial” against all applications for export to the Dave Sheer entities;
b) expressly classifies the Dave Sheer entities as “unreliable recipient[s] of U.S.-origin defense articles, defense services and technical data”;
c) repeatedly imposes conditions on third-party license applications that ITAR-controlled articles cannot be transferred to the Dave Sheer and that
imply that the Dave Sheer entities violated the AECA or ITAR; Also doing business as Dave Sheer Gunsmithing and Dave Sheer Gunsmithing & Firearms Exchange.
d) repeatedly requires third parties to inform other persons that defense articles cannot be transferred to the Dave Sheer entities and repeatedly implies that the Dave Sheer entities violated the AECA or ITAR; and
e) repeatedly requires end users to provide a written acknowledgement that defense articles cannot be transferred to the Dave Sheer entities.
   (5) Collectively, the DDTC actions, in form, scope, and impact, constitute the de facto debarment of the Dave Sheer entities and Denysschen, who is a beneficial owner of the Dave Sheer entities, who controls the Dave Sheer entities, and who has a position of responsibility within the entities.
   (6) The mere fact of this de facto debarment harms Plaintiffs’ good name, reputation, and integrity.
   (7) Among the other results of DDTC’s de facto debarment, the Dave Sheer entities received multiple letters from their United States and South African suppliers revealing that the State Department advised them that the Dave Sheer entities may not be involved in ITAR-controlled transactions and DDTC implies that the Dave Sheer entities violated the AECA or ITAR.
   (8) DDTC’s actions have harmed and continue to irreparably harm Plaintiffs’ constitutionally protected interests in the good name, reputation, and integrity of the Dave Sheer entities; harm Plaintiffs’ financial position, and customer relations; and resulted in numerous order cancellations and other lost business, with the loss of associated profits.
   (9) DDTC cites ITAR Section 126.7 as authority for its de facto debarment of the Dave Sheer entities and Denysschen.
   (10) But DDTC’s decision to impose the de facto debarment is an implementation of a general policy, and is not a discrete licensing decision under ITAR Section 126.7. Illustrating the point, DDTC repeatedly imposes conditions on third-party licenses to prevent any transfers to the Dave Sheer entities-even though the licenses do not list any Dave Sheer entity as an end user.
   (11) To be sure, Plaintiffs do not suggest that DDTC lacks authority under the AECA to use its discretion to deny, revoke, suspend, or amend licenses on a case-by-case basis. But that is a very far cry from supposing that AECA authorizes DDTC’s actions in this case against the Plaintiffs, which not only involve DDTC’s across-the-board denial of any application for export, but DDTC’s complete bar of the Dave Sheer entities and Denysschen from involvement in any transaction subject to the ITAR, and DDTC’s stigmatizing of these plaintiffs to third parties.
   (12) DDTC’s de facto debarment of the Dave Sheer entities and Denysschen without due process is not authorized by the AECA, ITAR Section 126.7(a) or any other ITAR provision, and DDTC failed to provide the procedural protections required for debarment under AECA Section 38(e), ITAR Section 127.7, and ITAR Part 128.
   (13) DDTC’s actions are therefore in excess of DDTC’s statutory authority under the AECA and ITAR, unlawful under the Due Process and Takings clauses of the Fifth Amendment to the United States Constitution, and in violation of the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 551-559.
   (14) For all these reasons and others detailed below, Plaintiffs seek a declaration that DDTC’s de facto debarment of the Dave Sheer entities and Denysschen is invalid, null and void, and Plaintiffs seek an injunction requiring the Defendants to rescind the debarment.
 
PARTIES
. . . .
JURISDICTION AND VENUE
. . . .
BACKGROUND
. . . .
CAUSES OF ACTION:
         COUNT I ULTRA VIRES GOVERNMENT ACTION
. . . .
COUNT II:  DEPRIVATION OF DUE PROCESS-DUE PROCESS CLAUSE U.S. CONST. AMEND. V
. . . .
COUNT III:  DEPRIVATION OF DUE PROCESS-TAKINGS CLAUSE U.S. CONST. AMEND V
. . . .
COUNT IV:  VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT
. . . .
PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of them, as
follows:
   (1) For a judicial declaration that:
         a) DDTC’s de facto debarment of the Dave Sheer entities and Denysschen is an unlawful Ultra Vires government action;
b) DDTC’s de facto debarment of the Dave Sheer entities and Denysschen violates Plaintiffs’ rights to due process under the Fifth Amendment to the United States Constitution;
c) DDTC’s de facto debarment of the Dave Sheer entities and Denysschen constitutes an unlawful regulatory taking under the Fifth Amendment to the United States Constitution;
d) DDTC’s de facto debarment of the Dave Sheer entities and Denysschen is unlawful under the APA because it is an arbitrary and capricious government action that is an abuse of discretion;
e) DDTC’s de facto debarment of the Dave Sheer entities and Denysschen is unlawful under the APA because it is contrary to the rights of Dave Sheer and Denysschen under the Fifth Amendment to the United States Constitution;
f) DDTC’s de facto debarment of the Dave Sheer entities and Denysschen is unlawful and must be set aside under the APA because it in excess of DDTC’s statutory jurisdiction or authority;
g) DDTC’s de facto debarment of the Dave Sheer entities and Denysschen is unlawful and must be set aside under the APA because it is taken without observance of procedure required by law; and
h) for any and all of the above-stated reasons, DDTC’s de facto debarment of the Dave Sheer entities and Denysschen is invalid, null and void, and of no effect.
   (2) Requiring Defendants to rescind the de facto debarment;
   (3) Requiring that DDTC issue amended licenses to third parties that withdraw any previously issued license provisos that restrict retransfers to the Dave Sheer entities;
   (4) Enjoining Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction, from pursuing or otherwise taking any action in support of DDTC’s de facto debarment of the Dave Sheer entities and Denysschen;
   (5) Granting Plaintiffs their attorney fees and costs pursuant to 28 U.S.C. § 2412;
   (6) Retaining ongoing jurisdiction over this action for purposes of ensuring compliance with any relief this Court sees fit to afford; and
   (7) Granting such other relief as this Court deems just and proper.

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

NWS_a17. 

 
The revised CBP Form 7553 – Notice of Intent to Export, Destroy or Return Merchandise for Purposes of Drawback has been posted to
CBP.gov and can be accessed by going TO 
CSMS #40637910.

The CBP Form 7553 was revised to adhere to the new regulations in 19 CFR part 190, which were published on December 18, 2018.   Please note that a continuation sheet has been added to page 2 of the revised CBP Form 7553 and should be used effective immediately.
Questions regarding this update may be directe to 
OTDRAWBACK@cbp.dhs.gov


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

COMCOMMENTARY

COM_18.
S.C.D. Neylan: “Sanctions 2020 – A Practical Cross-Border Insight into Sanctions Law in Canada”
(Source: Stikeman Elliott, 22 Oct. 2019.)


* Author: Shawn C.D. Neylan, Esq., Stikeman Elliott LLP
sneylan@stikeman.com.

This publication provides an excellent overview of the current state of sanctions law in Canada, including the following topics:
  – Legal authority for sanctions in Canada
  – Responsibility for implementing sanctions laws and regulations 

Read the Q&A style publication here.
* * * * * * * * * * * * * * * * * * * *

TEEX/IM TRAINING EVENTS & CONFERENCES

TE_19.
ECS Presents “ITAR/EAR Boot Camp: Achieving Compliance” on 11-12 Feb in Tampa, FL
(Source: ECS)
 
* What: ITAR/EAR Boot Camp:  Achieving Compliance
* When: February 11-12, 2020
* Where:
DoubleTree Beach Resort
; Tampa, FL
* Sponsor: Export Compliance Solutions & Consulting (ECS)
* ECS Speaker Panel: Suzanne Palmer, Mal Zerden
* Register 
here
 or by calling 866-238-4018 or
email
.

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

TE_210
. 
FCC Presents “The ABCs of FMS,” 28 Nov in Bruchem, the Netherlands
 
This training course is specifically designed for compliance professionals and those in a similar role working for government agencies or companies (temporarily) obtaining U.S. export-controlled articles and technology procured through government-to-government Foreign Military Sales (FMS), and authorized by the Arms Export Control Act (AECA) (22 U.S.C. 2751, et. seq.).
 
The course will cover multiple topics relevant for organizations outside the U.S. working with U.S. export-controlled articles and technology procured through FMS, including: the U.S. regulatory framework, with a special focus on the AECA, key concepts and definitions, and practical compliance tips to ensure the proper handling of FMS-acquired articles and technology. Participants will receive a certification upon completion of the training.
 
Details
* What: The ABC of Foreign Military Sales (FMS)
* When: Thursday, 28 Nov 2019
– Welcome and Registration: 9.00 am – 9.30 am
– Training hours: 9.30 am – 4.00 pm
* Where: Full Circle Compliance, Landgoed Groenhoven, Dorpsstraat 6, Bruchem, the Netherlands
* Information & Registration: here or contact FCC at events@fullcirclecompliance.eu or + 31 (0)23 – 844 – 9046
* This course can be followed in combination with “U.S. Export Controls: The International Traffic in Arms Regulations (ITAR) from a non-U.S. Perspective” (26 Nov 2019), and/or “U.S. Export Controls: The Export Administration Regulations (EAR) from a non-U.S. Perspective” (27 Nov 2019). Please, see the event page for our combo deals

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

(Sources: Editor and Event Sponsors)

Published every Friday or last publication day of the week, o
ur overview of Approaching Events is organized to list c
ontinuously available training, training events, s
eminars & conferences, and 
webinars. 
   

 
* Date: Location; “Event Title”; <Weblink>”; EVENT SPONSOR
# = New or updated listing  

 
Continuously Available Training
 
* E-Seminars:US Export Controls” / “Defense Trade Controls“; Export Compliance Training Institute; danielle@learnexportcompliance.com 

* Webinar: ”
Company-Wide US Export Controls Awareness Program“; Export Compliance Training Institute;
danielle@learnexportcompliance.com 

* E-Seminars: “ITAR/EAR Awareness“; Export Compliance Solutions;
spalmer@exportcompliancesolutions.com

* Webinar Series: “Complying with US Export Controls“; Commerce/BIS

* E-Seminars: “Webinars On-Demand Library“; Sandler, Travis & Rosenberg, P.A.
* Online: “International Trade Webinars“; Global Training Center

* Online: “ITAR – Requirements for Government Contractors“; Williams Mullins, LLP

*
 
Online: “On-Demand Webinars“; “General Training“; Center for Development of Security Excellence; Defense Security Service (DSS)
* Online: “ACE Reports Training and User Guide“; DHS/CBP

* Online: ”
Increase Your International Sales – Webinar Archive“; U.S. Commercial Service

* Web Form: “Compliance Snapshot Assessment“; Commonwealth Trading Partners (CTP)
* Online: “
Customs Broker Exam Prep Course
“; The Exam Center
 
 
Seminars and Conferences

 

* Nov 18: London, UK; “
2nd Annual Navigating Russia Sanctions Complexities
“; C5

* Nov 19: Leeds, UK; “Customs Declaration Service Seminar“; Chamber International
* Nov 19: Leeds, UK; “Export Documentation & Import Procedures“; Deloitte

* Nov 19-20: London, UK; “London Forum on Economic Sanctions“; C5

* Nov 19-21: Tysons Corner, VA; “Export Controls Specialist – Certification“; Amber Road

* Nov 20-21: Washington D.C.; “Customs Compliance Industry Exchange“; ACI

*
 
Nov 20: Bristol, UK; “
Introduction to Export Procedures – Export Training
“; BusinessWest
*
 
Nov 21: Bristol, UK; “
A Foundation Course in Importing
“; BusinessWest

* Nov 26: Birmingham, UK; “
Export Control Symposium
“; UK DIT

*
 
Nov 26: Bruchem, The Netherlands; “
The International Traffic in Arms   
* 
Nov 27: Bruchem, The Netherlands; ” The Export Administration Regulations (EAR) from a non-U.S. Perspective“; Full Circle Compliance
 
*
 
Nov 27: Manchester, UK; “
US & UK Export Controls: A Basic Understanding
“; The Institute of Export and International Trade

* Nov 27: Rotterdam, the Netherlands; “Incoterms 2020“; Fenex

* Dec 2-6: Tysons Corner, VA; “Certified Classification Specialist (CCLS)“; Amber Road

* Dec 3: London, UK; “Intermediate Seminar: Strategic Export Controls“; UK DIT

* Dec 4: Leeds, UK; “Understanding Exporting“; Chamber International


* Dec 4: London, UK; “Foundation Workshop: Strategic Export Controls“; UK DIT
* Dec 4: London, UK; “Licenses Workshop: Strategic Export Controls“; UK DIT

*
Dec 4-5: Dallas, TX; “Trade Compliance Officer Training“; Globaleyes; andrewmell@getglobaleyes.com

*
 
Dec 4-5: Washington, DC; “
36th International Conference on the Foreign Corrupt Practices Act
“; American Conference Institute

 
* Dec 5: Minneapolis, MN; “Exporting Procedures Seminar“; International Business Training

* Dec 9-12; Miami, FL; “
ITAR Controls / EAR & OFAC Export Controls Seminar Series
“; ECTI

* Dec 10-11: New York, NY; ” 
10th Annual New York Forum on Economic Sanctions“; American Conference Institute
* Dec 12: Houston, TX; “Exporting Procedures Seminar“; International Business Training
* Dec 12: Philadelphia, PA; “Exporting Procedures Seminar“; International Business Training

*
 Dec 12-13; Washington D.C.; “
Coping with U.S. Export Controls and Sanctions 2019
“; Practicing Law Institute
Dec 12-13: Frankfurt, Germany; ”
The Top 20 Digital Twin Implementation Ideas from Europe’s Top Companies;” Digital Twins

* Dec 13:  Boston, MA; “Export Expo“; Massachusetts Export Center

* Dec 14: San Diego, CA; “Exporting Procedures Seminar“; International Business Training

 
2020

 
* Jan 14: Leeds, UK; “
Export Documentation
“; Chamber International 
* Jan 20-23; San Diego, CA; “ITAR Controls / EAR & OFAC Export Controls Seminar Series“, ECTI; 540-433-3977  

* Jan 22-23: New York, NY; “AML & OFAC for the Insurance Industry“; American Conference Institute  

* Jan 23: Orlando, FL; “Customs/Import Boot Camp“; Partnering for Compliance

# * Jan 29-30 Tyson Corner, VA;

ITAR for the Empowered Official
;
FD Associates

*
 
Jan 30-31: Houston, TX; “
14th Forum on the Foreign Corrupt Practices Act
“; 
American Conference Institute

* Feb 5: Las Vegas, NV; “Export Procedures Seminar“; International Business Training

* Feb 5-6; Munich, Germany; “Export Compliance in Europe Conference“; NielsonSmith

* Feb 5-6: St. Antonio, TX; “Complying with U.S. Export Controls“; Commerce/BIS

* Feb 11: Leeds, UK; “Incoterms 2020“; Chamber International

#
* Feb 11 Madison, WI;


Trade Compliance Hits the Big Time

;
Madison Int’l Trade Assoc. (MITA)

* Feb 11-12: Tampa, FL; “ITAR/EAR Boot Camp: Achieving Compliance“; ECS
 


* Feb 12: Anaheim, CA; “Exporting Procedures Seminar“; International Business Training

* Feb 12: Plymouth, UK; “
Intermediate Seminar: Strategic Export Controls“; UK DIT
* Feb 13: Plymouth, UK; “
Foundation Workshop: Strategic Export Controls“; UK DIT
* Feb 13: Plymouth, UK; “
Licenses Workshop: Strategic Export Controls“; UK DIT

* Feb 17-20; Huntsville, AL; “
ITAR Controls / EAR & OFAC Export Controls Seminar Series
, ECTI; 540-433-3977

* Feb 20: Charlotte, NC; “Exporting Procedures Seminar“; International Business Training

* Feb 20-21; Berlin, Germany; “
14. Exportkontrolltag
“; ZAR

* Feb 24-26; Las Vegas, NV; “Winter Back to Basics Conference“; Society for International Affairs

* Feb 27: Cincinnati, OH; “Exporting Procedures Seminar“; International Business Training

* Mar 2: Alexandria, VA; “ITAR Defense Trade Controls / EAR Export Controls“; WITA

* Mar 2-5; Washington D.C.; “
ITAR Controls / EAR & OFAC Export Controls Seminar Series
“, ECTI; 540-433-3977

* Mar 3-5; Vienna, Austria; “Lehrgang Exportkontrolle & Export Compliance“; OPWZ

* Mar 4: Birmingham, UK; “
Intermediate Seminar: Strategic Export Controls
“; UK DIT
* Mar 5: Birmingham, UK; “
Foundation Workshop: Strategic Export Controls
“; UK DIT
* Mar 5: Birmingham, UK; “
 
Licenses Workshop: Strategic Export Controls
“; UK DIT

* Mar 10-12:  Orlando, FL; “‘Partnering for Compliance’ Export/Import Control Training and Education Program“; Partnering for Compliance

* Mar 17-18: Orlando, FL; “Complying with U.S. Export Controls“; Commerce/BIS
* Mar 19: Orlando, FL; “How to Build an Export Compliance Program“; Commerce/BIS

* Mar 27: Philadelphia, PA; “Exporting Procedures Seminar“; International Business Training

* Mar 24: “Understanding Exporting & Incoterms“; Chamber International

* Mar 25-26: Park City, UT; “Managing ITAR/EAR Complexities Seminar“; ECS

#
* Mar 25-26;
Tysons Corner, VA;”ITAR Fundamentals“; FD Associates


* Mar 30-Apr 2: Orlando, FL; “ITAR Controls (Mar 30-31) / EAR & OFAC Export Controls (Apr 1-2)“; ECTI; 540-433-397 

* Apr 7-8: Washington D.C.; “6th National Conference on CFIUS & Team Telecom; ACI

* Apr 15-16: Harrisburg, PA; “Complying with U.S. Export Controls“; Commerce/BIS
* Apr 21-22: New Orleans, LA; “Mastering ITAR/EAR Challenges Seminar“; ECS
* Apr 22: London, UK; “
Intermediate Seminar: Strategic Export Controls
“; UK DIT
* Apr 23: London, UK; “
Foundation Workshop: Strategic Export Controls
“; UK DIT
* Apr 23: London, UK; “
 
Licenses Workshop: Strategic Export Controls
“; UK DIT
 

* Apr 22-23: Washington D.C.; “Economic Sanctions Enforcement and Compliance“;
American Conference Institute

* Apr 23: Atlanta, GA; “Exporting Procedures Seminar“; International Business Training
* Apr 23: Charlotte, NC; “Exporting Procedures Seminar“; International Business Training
* Apr 23: Cleveland, OH; “Exporting Procedures Seminar“; International Business Training
* Apr 23: Minneapolis, MN; “Exporting Procedures Seminar“; International Business Training

* Apr 28-29: Orange County, CA; “Complying with U.S. Export Controls“; Commerce/BIS 
* Apr 29-30: Washington DC; “
Economic Sanctions Enforcement and Compliance
“; American Conference Institute

* May 13: St. Louis, MO; “Exporting Procedures Seminar“; International Business Training
* May 14: Milwaukee, WI; “Exporting Procedures Seminar“; International Business Training

* May 19-20: Charleston, SC; “Complying with U.S. Export Controls“; Commerce/BIS

#
* May 20:
Tysons Corner, VA”EAR Basics“; FD Associates 

* May 20-21: Berlin, Germany; “Berlin Forum on Global Economic Sanctions“; C5

* May 21: Louisville, KY; “Exporting Procedures Seminar“; International Business Training

* May 27-28: Hong Kong, China; “Hong Kong Summit on Economic Sanctions Enforcement and Compliance“;
American Conference Institute

* Jun 9-10: Shanghai, China; “China Forum for Legal and Compliance Officers“; American Conference Institute

* Jun 11: San Diego, CA; “Exporting Procedures Seminar“; International Business Training

* Jun 17: London, UK; “Trade & Customs Compliance Group“; TechUK

* Jun 22-25: San Diego, CA; “ITAR Controls (June 22-23) / EAR & OFAC Export Controls (June 24-25)“; ECTI; 540-433-3977

* Jun 25: Boston, MA; “Exporting Procedures Seminar“; International Business Training

* Jul 21-22: Washington DC; “FCPA High Risks Markets“; American Conference Institute

#
* Aug 19-20:
Tysons Corner, VA;
ITAR FUNdamentals
“; FD Associates
#
* Oct 21-23: Tysons Corner, VA;
U.S. Export Controls From A Foreign Perspective
“; FD Associates
#
*November 11-12: Tysons Corner, VA; “
ITAR for the Empowered Official
“; FD Associates

 

Webinars 

 


* Nov 19: Webinar:
 “
Mergers, Acquisitions and Trade Compliance…Proceed at Your Own Risk!
“;
 
ECTI; 540-433-3977

* Nov 19:  Webinar; “
Using ACE Reports to Manage and Audit AES Filings
“; Massachusetts Export Center

* Nov 20: Webinar:
 “
Exporting to U.S. and Foreign Governments
“; ECTI; 540-433-3977
# * Nov 27:Webinar: “GST for Non-Resident Importers“; Livingston 

* Dec 10: Webinar: “ECCN Classification Numbers“; NCBFAA

* Dec 17: Webinar: “Managing Emerging Compliance Risks“; Baker McKenzie

 

2020
 
* Jan 14: Webinar: “Commodity Jurisdiction“; NCBFAA

Feb 18: Webinar: “Drop Shipments & Routed Transactions“; NCBFAA

* Mar 10: Webinar: “Cultural Sensitivity Program” NCBFAA

* Apr 14: Webinar: “ACE Export Reports for Compliance“; NCBFAA

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

ENEDITOR’S NOTES

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EN_a213. Are Your Copies of Regulations Up to Date?

(Source: Editor)

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 to applicable regulations are listed below.
 

*
DHS CUSTOMS REGULATIONS
: 19 CFR, Ch. 1, Pts. 0-199.  Implemented by Dep’t of Homeland Security, U.S. Customs & Border Protection.
  – Last Amendment: 5 Apr 2019:
 
5 Apr 2019: 84 FR 13499-13513: Civil Monetary Penalty Adjustments for Inflation
 

DOC EXPORT ADMINISTRATION REGULATIONS (EAR): 15 CFR Subtit. B, Ch. VII, Pts. 730-774. Implemented by Dep’t of Commerce, Bureau of Industry & Security.
  – Last Amendment: 9 October 2019: 84 FR 54002-54009: Addition of Certain Entities to the Entity List and Revision of Entries on the Entity List

 

*
DOC FOREIGN TRADE REGULATIONS (FTR)
: 15 CFR Part 30.  Implemented by Dep’t of Commerce, U.S. Census Bureau.
  – Last Amendment: 24 Apr 2018: 
83 FR 17749-17751
: Foreign Trade Regulations (FTR): Clarification on the Collection and Confidentiality of Kimberley Process Certificates
  – HTS codes that are not valid for AES are available
here
.
  – The latest edition (4 Jul 2019) of Bartlett’s Annotated FTR (“BAFTR”), by James E. Bartlett III, is available for downloading in Word format. The BAFTR is a 152-page Word document containing all FTR amendments, FTR Letters and Notices, a large Index, and approximately 250 footnotes containing case annotations, practice tips, Census/AES guidance, and explanations of the numerous errors contained in the official text. Subscribers receive revised copies in Microsoft Word every time the FTR is amended. The BAFTR is available by annual subscription from the Full Circle Compliance 
website
.  BITAR subscribers are entitled to a 25% discount on subscriptions to the BAFTR. Government employees (including military) and employees of universities are eligible for a 50% discount on both publications at 
www.FullCircleCompliance.eu
.  
 

DOD NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL (NISPOM)
: DoD 5220.22-M. Implemented by Dep’t of Defense.
  – Last Amendment: 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; Implemented by Dep’t of Energy, National Nuclear Security Administration, under the Atomic Energy Act of 1954.
  – Last Amendment: 23 Feb 2015:

80 FR 9359
, comprehensive updating of regulations, updates the activities and technologies subject to specific authorization and DOE reporting requirements. This rule also identifies destinations with respect to which most assistance would be generally authorized and destinations that would require a specific authorization by the Secretary of Energy.
 

DOE EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
; 10 CFR Part 110; Implemented by Dep’t of Energy, U.S. Nuclear Regulatory Commission, under the Atomic Energy Act of 1954.
  – Last Amendment: 20 Nov 2018, 10 CFR 110.6, Re-transfers.
 
*
DOJ ATF ARMS IMPORT REGULATIONS: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War.  Implemented by Dep’t of Justice, Bureau of Alcohol, Tobacco, Firearms & Explosives.
  – Last Amendment: 14 Mar 2019:
 
84 FR 9239-9240
: Bump-Stock-Type Devices
 

DOS INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR)
: 22 C.F.R. Ch. I, Subch. M, Pts. 120-130. Implemented by Dep’t of State, Directorate of Defense Trade Controls.

  – Last Amendment: 30 Aug 2019: 84 FR 45652-45654, Adjustment of Controls for Lower Performing Radar and Continued Temporary Modification of Category XI of the United States Munitions List.  


  – The only available fully updated copy (latest edition: 30 August 2019) of the ITAR with all amendments is contained in Bartlett’s Annotated ITAR (“BITAR”), by James E. Bartlett III. The BITAR is a 371-page Word document containing all ITAR amendments to date, plus a large Index, over 800 footnotes containing amendment histories, case annotations, practice tips, DDTC guidance, and explanations of errors in the official ITAR text. Subscribers receive updated copies of the BITAR in Word by email, usually revised within 24 hours after every ITAR amendment. The BITAR is available by annual subscription from the Full Circle Compliance website. BAFTR subscribers receive a $25 discount on subscriptions to the BITAR.  Please contact us to receive your discount code.
 

* DOT FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders.
Implemented by Dep’t of Treasury, Office of Foreign Assets Control.
Last Amendment: 9 Sep 2019: 84 FR 47121-47123: Cuban Assets Control Regulations

 


USITC HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA)
, 1 Jan 2019: 19 USC 1202 Annex. Implemented by U.S. International Trade Commission. (“HTS” and “HTSA” are often seen as abbreviations for the Harmonized Tariff Schedule of the United States Annotated, shortened versions of “HTSUSA”.)

  – 
Last Amendment: 4 Sep 2019: Harmonized System Update (HSU) 1915   
  – HTS codes for AES are available here.
  – HTS codes that are not valid for AES are available here.

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

EN_a314
. Weekly Highlights of the Daily Bugle Top Stories
(Source: Editor)
 

Review last week’s top Ex/Im stories in “Weekly Highlights of Daily Bugle Top Stories” posted here.

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

* The Ex/Im Daily Update is a publication of FCC Advisory B.V., compiled by: Editor, James E. Bartlett III; and Assistant Editor, Alexander Witt. The Ex/Im Daily Update is emailed every business day to approximately 7,500 readers of changes to defense and high-tech trade laws and regulations. We check the following sources daily: Federal Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP, DOE/NRC, DOJ/ATF, DoD/DSS, DoD/DTSA, FAR/DFARS, State/DDTC, Treasury/OFAC, White House, and similar websites of Australia, Canada, U.K., and other countries and international organizations.  Due to space limitations, we do not post Arms Sales notifications, Denied Party listings, or Customs AD/CVD items.

* RIGHTS & RESTRICTIONS: This email contains no proprietary, classified, or export-controlled information. All items are obtained from public sources or are published with permission of private contributors, and may be freely circulated without further permission, provided attribution is given to “The Export/Import Daily Bugle of (date)”. Any further use of contributors’ material, however, must comply with applicable copyright laws.  If you would to submit material for inclusion in the The Export/Import Daily Update (“Daily Bugle”), please find instructions here.

* CAVEAT: The contents cannot be relied upon as legal or expert advice.  Consult your own legal counsel or compliance specialists before taking actions based upon news items or opinions from this or other unofficial sources.  If any U.S. federal tax issue is discussed in this communication, it was not intended or written by the author or sender for tax or legal advice, and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another party any transaction or tax-related matter.

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