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The Daily Bugle Weekly Highlights: Week 14 (5-9 Apr 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. Japan METI: “Extension of Ban on Imports from and Exports to North Korea, Pursuant to the Foreign Exchange and Foreign Trade Act”; Tuesday, 6 Apr 2021; Item #4
  2. State Dept: “Notice of Sanctions Actions”; Wednesday, 7 Apr 2021; Item #1
  3. OFAC Requests Comments on Reporting, Procedures and Penalties Regulations; Thursday, 8 Apr 2021; Item #1
  4. Commerce/BIS: Amends EAR to Add to the Entity List; Friday, 9 Apr 2021; Item #1
  5. Commerce/BIS: Amends EAR to Expand End-Use and End-User Controls on Activities of U.S. Persons; Corrections; and Burma Sanctions; Friday, 9 Apr 2021; Item #2

 

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Japan METI: “Extension of Ban on Imports from and Exports to North Korea, Pursuant to the Foreign Exchange and Foreign Trade Act”

(Source: Japan Ministry of Economy, Trade and Industry, 6 Apr)

 

The Ministry of Economy, Trade and Industry (METI) has decided to extend the ban on all exports destined for North Korea, and all imports originating in or shipped from North Korea, in line with the “Measures against North Korea Pursuant to the Foreign Exchange and Foreign Trade Act” (decided by the Cabinet on April 6, 2021).

Outline of the measures

  (1) The ban on all exports of goods destined for North Korea will be extended by imposing the requirement that exporters obtain export approval from the Minister of Economy, Trade and Industry (related article: Article 48, Paragraph 3 of the Foreign Exchange and Foreign Trade Act; hereinafter referred to as the “Act”).

  (2) The ban on all imports of goods originating in or shipped from North Korea will be extended by imposing the requirement that importers obtain import approval from the Minister of Economy, Trade and Industry (related article: Article 52 of the Act).

  (3) To ensure the enforcement of these restrictions, the following transactions shall be banned:

  (4) Transactions involving buying/selling, loaning/borrowing, or giving of goods that involve the movement of the goods between North Korea and third countries (intermediate trade) (related article: Article 25, Paragraph 6 of the Act); and

  (5) Payments of import bills for goods originating in or shipped from North Korea which are imported without import approval (related article: Article 16, Paragraph 5 of the Act).

Goods exported for humanitarian purposes are exempt from the above restrictions.

Effective period.  These restrictions will be effective from April 14, 2021, to April 13, 2023.


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State Dept: “Notice of Sanctions Actions”

(Source: Federal Register, 7 Apr 2021) [Excerpts]

 

86 FR 18110: Notice

* ACTION: Notice.

* SUMMARY: The Secretary of State has determined, pursuant to the Countering America’s Adversaries Through Sanctions Act of 2017 (CAATSA), that the Turkish entity Presidency of Defense Industries (SSB), formerly known as the Undersecretariat for Defense Industries (SSM), has knowingly, on or after August 2, 2017, engaged in a significant transaction with a person that is part of, or operates for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation. The Secretary of State has also selected certain sanctions to be imposed upon SSB and Ismail Demir, SSB’s president; Faruk Yigit, SSB’s vice president; Serhat Gencoglu, SSB’s Head of the Department of Air Defense and Space; and Mustafa Alper Deniz, Program Manager for SSB’s Regional Air Defense Systems Directorate, pursuant to CAATSA.

* DATES: The Secretary of State’s determination that SSB has knowingly, on or after August 2, 2017, engaged in a significant transaction with a person that is part of, or operates for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation, and the Secretary of State’s selection of certain sanctions to be imposed upon SSB and Ismail Demir, Faruk Yigit, Serhat Gencoglu, and Mustafa Alper Deniz are effective on December 14, 2020.

 

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OFAC Requests Comments on Reporting, Procedures and Penalties Regulations

(Source: 86 FR 18372, 8 Apr 2021) [Excerpts]

 

* AGENCY: Office of Foreign Assets Control, Treasury.

* ACTION: Notice and request for comments.

* SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed or continuing information collections, as required by the Paperwork Reduction Act of 1995. Currently, the Office of Foreign Assets Control (OFAC) within the Department of the Treasury is soliciting comments concerning OFAC’s information collection requirements contained within OFAC’s Reporting, Procedures and Penalties Regulations.

* DATES: Written comments must be submitted on or before June 7, 2021 … 

 

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Commerce/BIS: Amends EAR to Add to the Entity List

(Source: 86 FR 18437, 9 Apr 2021) [Excerpts]

 

* 15 CFR Part 744 Addition of Entities to the Entity List 

* AGENCY: Bureau of Industry and Security, Commerce. 

* ACTION: Final rule. 

* SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding seven entities to the Entity List. These seven 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. These seven entities will be listed on the Entity List under the destination of the People’s Republic of China (China). 

* DATES: This rule is effective April 8, 2021. …

 

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Commerce/BIS: Amends EAR to Expand End-Use and End-User Controls on Activities of U.S. Persons; Corrections; and Burma Sanctions

(Source: 86 FR 18433, 9 Apr 2021)

 

15 CFR Parts 732, 736, and 744;Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of U.S. Persons; Corrections; and Burma Sanctions

* AGENCY: Bureau of Industry and Security, Commerce.

* ACTION: Interim final rule.

* SUMMARY: On January 15, 2021, the Bureau of Industry and Security (BIS) published an interim final rule establishing end-use and end-user controls, as well as controls on specific activities of U.S. persons, with respect to certain military-intelligence end uses and end users. These new controls were made effective on March 16, 2021. In this interim final rule, BIS is making technical corrections and conforming changes to certain provisions of the Export Administration Regulations to address inadvertent errors introduced by the January 15, 2021 rule. This interim final rule also adds Burma to the list of countries subject to military intelligence-related controls that were added by the prior rule. This action strengthens sanctions on Burma that were imposed on March 8, 2021 in response to a February 1, 2021 military coup.

* DATES: This rule is effective April 9, 2021. …

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