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20-0427 Monday “Daily Bugle”

20-0427 Monday “Daily Bugle”

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Monday, 27 April 2020

  1. Commerce/BIS: Transportation and Related Equipment Technical Advisory Committee; Notice of Meeting
  2. Treasury/OFAC: Notice of OFAC Sanctions Actions
  1. Items Scheduled for Future Federal Register Edition
  2. Australia: Export Conrol Joint Unit Updates Firearms and Ammo Continuation Sheet
  3. Commerce/BIS: No New Postings
  4. EU Renews Sactions on Myanmar/Burma
  5. State/DDTC: Notice on COVID Measures
  1. ST&R Trade Report: “Update on 90-Day Duty Deferral”
  1. Sidley Austin: “USMCA is Now Here to Stay”
  2. Baker McKenzie: “CBP Issues Additional Guidance on Implementation of Restrictions on Exports of Personal Protective Equipment from the United States and Related Exemptions”
  3. Miller & Co: “New China Section 301 List 3 Product Exclusions”
  1. Monday List of Ex/Im Job Openings: 122 Jobs Available – 10 New Job Listings This Week 
  1. ECTI Presents e-Seminar Sale: “20% off All e-Seminar Training”
  2. ECTI Presents “Hitting the Mark: Classification Under the HTS & Schedule B Code Webinar on 14 May”
  1. Today is Konigsdag: “King’s Day” in the Netherlands
  2. Bartlett’s Unfamiliar Quotations
  3. Are Your Copies of Regulations Up to Date? Find the Latest Amendments Here.
  4. Weekly Highlights of the Daily Bugle Top Stories
  5. Submit Your Job Opening and View All Job Openings
  6. Submit Your Event and View All Approaching Events

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OGSOTHER GOVERNMENT SOURCES

 

85 23327-23328: Transportation and Related Equipment Technical Advisory Committee; Notice of Meeting
(Source: Federal Register) 
 
* AGENCY: Commerce; Bureau of Industry and Security
* ACTION: Notice

* SUMMARY:
The Transportation and Related Equipment Technical Advisory Committee will meet on May 13, 2020, at 11:30 a.m., Eastern Daylight Time, via teleconference. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to transportation and related equipment or technology.
* Agenda:
Public Session:
  (1) Welcome and Introductions.
  (2) Status reports by working group chairs.
  (3) Public comments and Proposals.
Closed Session:
  (4) Discussion of matters determined to be exempt from the provisions relating to public meetings.

The open session will be accessible via teleconference to participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@bis.doc.gov no later than May 6, 2020.
A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before This document is scheduled to be published in the Federal Register on 04/27/2020 and available online at federalregister.gov/d/2020-08835, and on govinfo.gov or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email. For more information, call Yvette Springer at (202) 482-2813. . .

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

OGS_a22. Treasury/OFAC: Notice of OFAC Sanctions Actions

* 85 FR 23434-23435: Notice of OFAC Sanctions Actions  

* AGENCY: Treasury, Office of Foreign Assets Control
* ACTION: Notice of OFAC Sanctions Actions
* SUMMARY: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of persons whose property and interests in property have been unblocked and who have been removed from the list of Specially Designated Nationals and Blocked Persons.
* FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global Targeting, tel: 202-622-2420; Assistant Director for Licensing, tel.: 202-622-2480; Assistant Director for Regulatory Affairs, tel.: 202-622-4855; or Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490.

 
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* Commerce/BIS: Rules; Elimination of License Exception Civil End Users [Pub. Date 28 Apr 2020]
 
* Commerce/BIS: Rules; Expansion of Export, Reexport, and Transfer (in-Country) Controls for Military End Use or Military End Users in the People’s Republic of China, Russia, or Venezuela; [Pub. Date: 28 Apr 2020]
 
* Commerce/BIS: Rules; Proposed Rules; Modification of License Exception Additional Permissive Reexports [Pub. Date: 28 Apr 2020]

 
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The Export Control Joint Unit (ECJU) has updated the EC3 (EC firearms and ammunition transfer document) and EC4 continuation sheet. Both forms are now available on the same publication page on GOV.UK. You need these forms if you are applying for a Standard Individual Export Licence (SIEL) for firearms exports.  
Visit: EC3 form (EC firearms and ammunition transfer document for SIEL applications) and EC4 continuation sheets. You must upload these forms to SPIRE as Word documents, not PDFs, so that licensing officers can add certain details.
For general export control queries please contact our Helpline on 020 7215 4594 or exportcontrol.help@trade.gov.uk.

 
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The EU has renewed its sanctions on Myanmar/Burma for 1 year until 30 April 2021. The sanctions comprise an embargo on arms/equipment that may be used by the police/military, or for internal repression or monitoring communications, as well as a prohibition on the provision of military training and cooperation. Under the sanctions regime, 14 officials are subject to an asset freeze and travel ban in response to systematic human rights abuses in the Kachin, Rakhine and Shan states. See
Council Implementing Regulation (EU) 2020/562 and
Council Decision (CFSP) 2020/563.

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OGS_a77. State/DDTC: Notice on COVID Measures

(Source: State/DDTC)

The President declared a national emergency on March 13, 2020, as a result of the SARS-COV2 pandemic. As part of the Department of State’s contributions to mitigating the impact of the pandemic on U.S. companies and supply chains overseas, the Directorate of Defense Trade Controls is announcing the following immediate measures.

Compliance/Registration
  • Effective March 13, 2020, a temporary suspension of the requirement in ITAR Parts 122 and 129 to renew registration as a manufacturer, exporter, and/or broker and pay a fee on an annual basis by extending ITAR registrations expiring on February 29, March 31, April 30, May 31, and June 30, 2020 for two months from the original date of expiration.
     
  • DDTC Compliance is now granting an additional 30 days for responses to its request-for-information letters related to voluntary and directed disclosure matters.  DDTC Compliance is also considering extensions for the submission of full voluntary disclosures on a case-by-case basis. Extension requests should be sent via email to DTCC-CaseStatus@state.gov on company letterhead in PDF format.
     
  • DDTC is also pursuing a one-time temporary reduction in registration fees for certain categories of DDTC registrants.  More information on any change will be provided on DDTC’s website. 
Licensing
  • Effective March 13, 2020, a temporary suspension, modification, and exception to the limitations on the duration of ITAR licenses contained in ITAR Parts 120-130, including but not necessarily limited to ITAR §§ 123.5(a), 123.21(a), and 129.6(e), to extend any license that expires between March 13, 2020 and May 31, 2020 for six (6) months from the original date of expiration so long as there is no change to the scope or value of the authorization and no Name/Address changes are required. This six (6) month extension is warranted in light of the unique challenges applicants face in the current environment when attempting to coordinate with U.S. and foreign business partners regarding the scope of applications.
     
  • To support remote work in this extraordinary period, effective March 13, 2020, a temporary suspension, modification, and exception to the requirement that a regular employee, for purposes of ITAR § 120.39(a)(2), work at the company’s facilities, to allow the individual to work at a remote work location, so long as the individual is not located in Russia or a country listed in ITAR § 126.1.  This suspension, modification, and exception shall terminate on July 31, 2020, unless otherwise extended in writing.
     
  • Effective March 13, 2020, authorization for regular employees of licensed entities who are working remotely in a country not currently authorized by a TAA, MLA, or exemption to send, receive, or access any technical data authorized for export, reexport, or retransfer to their employer via a TAA, MLA, or exemption so long as the regular employee is not located in Russia or a country listed in ITAR § 126.1. This suspension, modification, and exception shall terminate on July 31, 2020, unless otherwise extended in writing.
     
  • DDTC is implementing new procedures and will send to the contact listed on the application email scans of final action letters for General Correspondence requests submitted in writing.  If email information was not provided, final actions will continue to be mailed back to the applicant.
     
  • DDTC is implementing new procedures and will send to the applicant email scans of unclassified final action letters for DSP-85s submitted in writing. If email information was not provided, final actions will continue to be mailed back to the applicant.  The Defense Counterintelligence and Security Agency (DCSA) will continue to receive original sealed copies through the mail.
     
  • DDTC is re-issuing guidance for the expedited authorization of requests submitted in support of U.S. Operations (USOP) at DTCL SOP – USOPS Guidance.
     
  • With gratitude for the partnership with Congress and the Department of Defense in this regard, the Department has moved to electronic submissions of Congressional Notifications of proposed Direct Commercial Sales (DCS) and Foreign Military Sales (FMS) to the Congress.
     
  • DDTC is also working with the interagency and leveraging updated staffing protocols to ensure streamlined interagency licensing reviews.
Management
  • In addition to our March 19, 2020 website announcement about the acceptance of disclosures and related information pursuant to ITAR § 127.12 via email, DDTC is now also accepting electronic submissions of FMS Part 130 reports via email at DDTC-Part130Notices@state.gov.
     
  • To facilitate timely responses to inquiries from the public and regulated industry, DDTC has added additional points of contact on the Key Personnel tab of the About DDTC page and additional staffing and IT resources to its Response Team and Help Desk functions.
     * * * * * * * * * * * * * * * * * * * *  

COMNEWS

NWS_a18. ST&R Trade Report: “Update on 90-Day Duty Deferral”

(Source:
Sandler, Travis & Rosenberg Trade Report, 27 Apr 2020
) [Excerpts.]

 
U.S. Customs and Border Protection has provided the following additional information in response to questions about its
90-day deferral of certain estimated duties, taxes, and fees:
  • The deferral applies to (1) federal excise taxes on imported products and (2) non-resident importers of record that can demonstrate significant financial hardship.
  • For entries eligible for the deferment, the importer of record must still have a valid continuous or single transaction bond on file at the time of entry filing, and current bond formulas apply.
  • Importers whose operations have been deemed essential, but those operations were negatively impacted in accordance with the significant financial hardship requirements, will be considered for deferment eligibility on a case-by-case basis.
  • The Automated Commercial Environment will not liquidate entries for which payment has not been received due to the deferral, and after the deferral period any entry not paid will be liquidated and a bill will be issued.
  • If the importer of record’s retail stores is closed but its online store is operational, this will qualify as a partial suspension of operations for purposes of the deferral.

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COMCOMMENTARY

COM_a19Sidley Austin: “USMCA is Now Here to Stay”

(Source: Author) [Excerpts.]
 
* Author:
Ted Murphy, Esq.,1-703-867-8318;
Sidley Austin, LLP
 
Further to the below, last Friday, the U.S. Trade Representative notified Canada and Mexico, as well as Congress, that domestic procedures to implement the United States-Mexico-Canada Agreement (USMCA) have been completed. The USMCA will replace NAFTA and enter into force on July 1, 2020.  
 
As part of that effort, U.S. Customs and Border Protection recently issued “Interim Implementing Instructions” for USMCA… It contains some interesting information (e.g., CBP intends to continue to use the NAFTA Marking Rules post-July 1 even though there is no similar provision in USMCA), but comes with a pretty explicit disclaimer that it is for “advance informational and advisory purposes only. It is not final and subject to further revision. It is not intended to have legal or binding effect. Any decisions a reader makes based on this draft document are made with the understanding that the information in this document is advisory only and may change.” Clear? Take the instructions with a grain of salt at this point.
 
It will be a busy two+ months as the rules and regulations around USMCA are finalized. If you have not already done so, you should be reviewing the USMCA text to determine how it impacts your operations.   For example, companies should be confirming whether the applicable rules of origin have changed (particularly if you are in the auto industry), how the transition from being an “exporter-based agreement” (NAFTA) to an “importer-based agreement” (USMCA) will impact NAFTA/USMCA solicitation/certification efforts (e.g., if you are U.S. importer under USMCA, should you be soliciting new certifications from your Mexican and Canadian suppliers now, so you are ready as of July 1st?), how does a mid-year implementation impact regional value content calculations on imports from IMMEX/maquila companies, etc.

COM_a210. Baker McKenzie: “CBP Issues Additional Guidance on Implementation of Restrictions on Exports of Personal Protective Equipment from the United States and Related Exemptions”

 
* Principal Author:
Paul Amberg, Esq
., 1-312-861-8675,
Baker McKenzie, LLP
 
On April 21, US Customs and Border Protection (“CBP”) issued guidance via a bulletin in its Cargo Systems Messaging Service (
available here
) (“Bulletin”) on the new
temporary final rule
published by the Federal Emergency Management Agency (“FEMA”) imposing export restrictions on certain personal protective equipment products (“PPE Products”) used in the response to the COVID-19 pandemic. The Bulletin details CBP’s implementation of the PPE export restrictions and its process for determining whether an export may be covered by an exemption.
 
The FEMA Rule and Exemptions
 
By way of background, on April 10, 2020, FEMA published a temporary final rule (“FEMA Rule”), which is described in our
prior blog post here
, directing CBP to detain temporarily any shipments of PPE Products pending FEMA’s determination whether to return such shipments for domestic use, issue a rated order for the products, or allow the export of part or all of the shipment. The FEMA Rule contained only one exemption, which was for shipments by or on behalf of US manufacturers with continuous export agreements with non-US customers since at least January 1, 2020 and a track record of distributing at least 80% of their supply of PPE Products, on a per item basis, in the United States during the preceding 12 months (the “First FEMA Exemption”).
 
On April 21, 2020, FEMA published a notification of exemptions (the “FEMA Notification”) in the Federal Register that identified 10 additional numbered exemptions to the FEMA Rule, which are summarized in our blog post here. The FEMA Notification provided that for several of these exemptions exporters should submit a letter of attestation to FEMA certifying the purpose of the shipment. Exporters interested in a template letter of attestation to satisfy an exemption should reach out to their usual contacts in Baker McKenzie’s trade compliance group.
 
Bulletin

The Bulletin clarifies how these exemptions will be applied and provides technical guidance on submitting documentation to claim an exemption. Highlights include:
 
  • FEMA and CBP are working to establish a process to identify manufacturers that qualify for the First FEMA Exemption.
  • Regarding exemption 9 (i.e., Canada and Mexico shipments), the letter of attestation must state that the covered materials are for use in Canada/Mexico, and will not be transhipped through those countries.
  • Regarding exemption 8 (i.e., in-transit merchandise), CBP clarified that the exemption largely applies to goods temporarily entered into a bonded warehouse or Foreign Trade Zone with the intent to leave the United States.
In order to avoid detention of shipments, letters should be uploaded in CBP’s document imaging system (“DIS”) at the same time as the Electronic Export Information is transmitted in the Automated Export System. The Bulletin also contains further technical information regarding submissions to the DIS and CBP contact information.

COM_a311. Miller & Co: “New China Section 301 List 3 Product Exclusions”

 
* Principal Author:
Marshall Miller, Esq.,
Miller & Company, P.C.
 
On April 22, 2020, the U.S. Trade Representative (USTR) announced one-hundred and eight (108) new China Section 301 List 3 product exclusions. These new product exclusions are set forth in one ten-digit HTSUS classifications covering certain parts of mechanical appliances for projecting, dispersing, spraying liquids or powders and one-hundred and seven (107) new product-specific descriptions covering certain chemicals, PVC wall panels, rubber cable protectors, polyester messenger bags, backpacks, duffel and garment bags, football chinstraps, faceplates, railroad pipe fittings, steel bolts, steel couplings, engine parts, blowers, scales, valves, electric motors, rectifiers, power adapters, robotic vacuum cleaners, electric heaters, air fryers, digital security systems, printed circuit board assemblies, fluorescent lamps, electrical insulators, aluminum wheels, hitches, bicycles and bicycle wheels, parts of meteorological instruments, balances, toddler beds, aluminum folding tables, steel work benches, bed rails, and LED lamps. These China Section 301 List 3 product exclusions are retroactive to September 24, 2018 and expire on August 7, 2020.
 
The product exclusions from the China Section 301 duties are available for any importer for any product that falls within the special product descriptions and enumerated ten-digit HTSUS classifications. This is true regardless of whether the importer filed the initial product exclusion request. Clients may also benefit by filing Post-Summary Corrections (PSCs) or Protests for those entries now covered by a List 3 product exclusion to secure refunds plus interest. Unless liquidation extensions are granted, Protests may be required for liquidated entries. It is important to identify affected entries and filing deadlines. The refund process is complicated and should be carefully considered.

TEEX/IM
MOVERS & SHAKERS

(Source: Events & Jobs Editor)
 
NEW JOB OPENINGS:

* Amazon;
Luxembourg, LU;
Export Compliance Manager  

* Caltech; Pasadena, CA;
Export Compliance Technical Specialist


* Cargolux; Luxembourg, LU; Requisition ID: 667  
* ERT; Estenfeld, Germany;
Trade Compliance Specialist (f/m/d) 

Forcepoint; Herndon, VA: Sr. 
Trade Compliance Specialist/ITAR
; Requisition ID: JR46209; Contact: 
Jobe McGrane
* Koch; Atlanta, GA;
Sr International Trade Analyst
; Requisition ID: 069447  
*
L3Harris; Arlington, VA;
 
Manager, Global Trade Licensing
;
Requisition

ID:  CHQ20201504-44420  

* MDA; Brampton, CA;
Export Control Administrator
; Requisition ID: R07461
* Nidec; Greater St. Louis, IL;
Trade Compliance Counsel


* Sierra Nevada; Arlington, VA;
International Trade Compliance Analyst III
; Requisition ID: R0007996  
* U.S. Navy Reserve; Washington, D.C;
Compliance Specialist
; Contact details:
RhodanTD@state.gov

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TEEX/IM TRAINING EVENTS & CONFERENCES

(Source:
ECTI
)

 
* What: e-Seminar Training Sale – 20% off with code: stayhome
* When: Now through 15 of May
* Where: Online training – delivered electronically on USB
* Sponsor: Export Compliance Training Institute (ECTI)
* Register:
here, or contact 1-540-433-3977


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* What: Hitting the Mark – Classification under the Harmonized System & Schedule B Code
* When: 14 May, 2020; 1:00 p.m. (EDT)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker: Melissa Proctor
* Register: here or contact Ashleigh Foor, 1-540-433-3977.

 
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ENEDITOR’S NOTES

Ellie & Jim Bartlett
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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.

24 Feb 2020:
85 FR 10274
: Amendments to Country Groups for Russia and Yemen Under the Export Administration Regulations.
 

 

DOC FOREIGN TRADE REGULATIONS (FTR): 15 CFR Part 30.   Last Amendment: 24 Apr 2018: 83 FR 17749: Foreign Trade Regulations (FTR): Clarification on the Collection and Confidentiality of Kimberley Process Certificates.

DOD NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL (NISPOM): DoD 5220.22-M. Implemented by Dep’t of Defense.

18 May 2016: Change 2: Implement an insider threat program; reporting requirements for Cleared Defense Contractors; alignment with Federal standards for classified information systems; incorporated and cancelled Supp. 1 to the NISPOM (Summary here.)  
DOE ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES: 10 CFR Part 810. 

23 Feb 2015: 80 FR 9359, comprehensive updating of regulations, updates the activities and technologies subject to specific authorization and DOE reporting requirements. 
DOE EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL; 10 CFR Part 110.

15 Nov 2017, 82 FR 52823: miscellaneous corrections include correcting references, an address and a misspelling.

 

DOJ ATF ARMS IMPORT REGULATIONS: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War.

14 Mar 2019: 84 FR 9239: Bump-Stock-Type Devices.

DOS INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR): 22 C.F.R. Ch. I, Subch. M, Pts. 120-130.  26 Dec 2019: 84 FR 70887; 23 Jan 2020: 85 FR 3819: Encryption rule and USML Categories I, II, III, and related sections regarding guns & ammo. 
DOT FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders

13 Mar 2020:
85 FR 14572:
General Licenses Issued Pursuant to Venezuela-Related Executive Order 13835.

 
 
 
 
USITC HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA),

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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