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The Daily Bugle Weekly Highlights: Week 10 (8 – 12 Mar 2021)

Every Monday we post the highlights out of last week’s FCC Export/Import Daily Update (“The Daily Bugle”). Send out every business day to approximately 9,500 readers of changes to defense and high-tech trade laws and regulations, The Daily Bugle is a free daily newsletter from Full Circle Compliance, edited by James E. Bartlett III and Elina Tsapouri.

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. To subscribe, click here.

Last week’s highlights of The Daily Bugle included in this edition are:

  1. Commerce/BIS Amends EAR, Adds to the Entity List; Monday, 8 Mar 2021; Item #2
  2. Executive Office of the President: “Continuation of the National Emergency With Respect to Iran”; Tuesday, 9 Mar 2021; Item #1
  3. EU Commission: “EU and U.S.Agree to Suspend All Tariffs Linked to The Airbus And Boeing Disputes”; Tuesday, 9 Mar 2021; Item #7
  4. State Dept Designates Individuals and Entities Pursuant to EO 13949 and Delegates Authorities to the Under Secretary for Arms Control and International Security in EO 13949; Thursday, 11 Mar 2021; Item #3
  5. USTR: “Modification of Section 301 Action – Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute”; Thursday, 11 Mar 2021; Item #9

 

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Commerce/BIS Amends EAR, Adds to the Entity List

(Source: Federal Register, 8 Mar 2021)

 

* 86 FR 13179

* AGENCY: Bureau of Industry and Security, Commerce.

* ACTION: Final rule.

* SUMMARY: In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to further implement U.S. sanctions on selected Burmese government ministries and related enterprises. Specifically, BIS amends the EAR by adding four entities to the Entity List under the destination of Burma. These four entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The actions in this rule support the United States Government’s efforts to promote a return to democracy in Burma following the February 1, 2021 Burmese military coup. They also reflect the United States Government’s goal of supporting the people of Burma by preventing Burma’ military and security services from obtaining items subject to the EAR.

* DATES: This rule is effective March 8, 2021.  . . . 

 

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Executive Office of the President: “Continuation of the National Emergency With Respect to Iran”

(Source: Federal Register, 9 Mar 2021) [Excerpts]

 

86 FR 13621: Notice

. . . . 

The actions and policies of the Government of Iran-including its proliferation and development of missiles and other asymmetric and conventional weapons capabilities, its network and campaign of regional aggression, its support for terrorist groups, and the malign activities of the Islamic Revolutionary Guard Corps and its surrogates-continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.

For these reasons, the national emergency declared on March 15, 1995, must continue in effect beyond March 15, 2021. 

Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to Iran declared in Executive Order 12957. The emergency declared by Executive Order 12957 constitutes an emergency separate from that declared on November 14, 1979, by Executive Order 12170 in connection with the hostage crisis. This renewal, therefore, is distinct from the emergency renewal of November 2020.  . . .

 

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EU Commission: “EU and U.S. Agree to Suspend All Tariffs Linked to The Airbus And Boeing Disputes”

(Source: European Commission, 5 Mar 2021) [Excerpts]

 

The EU and U.S. agreed today to suspend all retaliatory tariffs on EU and U.S. exports imposed in the Airbus and Boeing disputes for a four-month period. The suspension allows both sides to focus on resolving this long-running dispute. It provides an important boost to EU exporters, since the U.S. had been authorised to raise tariffs on $7.5 billion of EU exports to the U.S. Similarly, EU tariffs will be suspended on some $4 billion worth of U.S. exports into the EU.

European Commission Executive Vice-President and Trade Commissioner Valdis Dombrovskis said: “This is a significant step forward. It marks a reset in our relationship with our biggest and economically most important partner. Removing these tariffs is a win-win for both sides, at a time when the pandemic is hurting our workers and our economies. This suspension will help restore confidence and trust, and therefore give us the space to come to a comprehensive and long-lasting negotiated solution. A positive EU-U.S. trade relationship is important not only to the two sides but to global trade at large.”

These tariffs will now be suspended on both sides for a four-month period, as soon as internal procedures on both sides are completed. …

 

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State Dept Designates Individuals and Entities Pursuant to EO 13949 and Delegates Authorities to the Under Secretary for Arms Control and International Security in EO 13949

(Source: Federal Register, 11 Mar 2021) [Excerpts]

 

86 FR 13954: Notice

* AGENCY: Department of State.

* ACTION: Notice of designations and delegation of authority.

* SUMMARY:  Pursuant to the authority in Section 1(a)(i) of Executive Order 13949, “Blocking Property of Certain Persons with Respect to the Conventional Arms Activities of Iran,” the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General, has determined that the Iranian Ministry of Defense and Armed Forces Logistics (MODAFL), Iran’s Defense Industries Organization (DIO), DIO Director Mehrdad Akhlaghi-Ketabchi, and Venezuela’s nominal president Nicholas Maduro engage in activity that materially contributes to the supply, sale, or transfer, directly or indirectly, to or from Iran, or for the use in or benefit of Iran, of arms or related materiel, including spare parts. The Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General, has additionally determined that Iran’s Marine Industries Organization (MIO), Aerospace Industries Organization (AIO), and the Iran Aviation Industries Organization (IAIO), engage in activity that materially contributes to the supply, sale, or transfer, directly or indirectly, to or from Iran, or for the use in or benefit of Iran, of arms or related materiel, including spare parts. Additionally, by the virtue of the authority vested in the Secretary of State, including Section 1 of the State Department Basic Authorities Act, as amended, the Secretary delegated to the Under Secretary for Arms Control and International Security the functions conferred on the Secretary of State in Executive Order 13949 of September 21, 2020.  . . . 

 

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USTR: “Modification of Section 301 Action – Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute”

(Source: Federal Register, 11 Mar 2021) [Excerpts]

 

86 FR 13961: Notice

* AGENCY: Office of the United States Trade Representative (USTR).

* ACTION: Notice.

* SUMMARY: The U.S. Trade Representative has determined to modify the action being taken in the investigation by suspending the additional tariffs on goods of the United Kingdom for a period of four months. The suspension is in accord with a joint U.S.-UK statement that promotes a resolution of the large civil aircraft dispute.

* DATES: As of 12:01 a.m. eastern standard time on March 4, 2021, the additional duties on products of the United Kingdom covered by the action taken in this investigation are suspended for a period of four months.

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