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 10,000 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:
- Commerce/BIS: “Addition, Revision and Removal From the Entity List; and Revision and Removal From the Military End-User List (MEU)”; Tuesday, 1 Jun 2021; Item #1
- Commerce/BIS: “Transfer of Jurisdiction of Certain Technology and Software – Control of Firearms, Guns, Ammunition and Related Articles No Longer Warrant Control Under the USML”; Tuesday, 1 Jun 2021; Item #2
- State/DDTC: “ITAR – U.S. Munitions List Categories; Preliminary Injunction Vacated by a Federal Court of Appeals”; Tuesday, 1 Jun 2021; Item #4
- Treasury/OFAC: “Publication of Burma Sanctions Regulations”; Tuesday, 1 Jun 2021; Item #10
- State/PM: “Statutory Debarment Under the AECA and the ITAR”; Friday, 6 Jun 2021; Item #1
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Commerce/BIS: “Addition, Revision and Removal From the Entity List; and Revision and Removal From the Military End-User List (MEU)”
(Source: Federal Register, 1 Jun 2021) [Excerpts]
86 FR 29190: Rule
* 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 eight entities to the Entity List. These eight 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 entities will be listed on the Entity List under the destinations of Pakistan and the United Arab Emirates (UAE). This rule also revises two existing entries and corrects one existing entry on the Entity List under the destination of China and removes one entity from and revises one existing entry on the Military End-User (MEU) List under the destination of China. Lastly, this rule removes one entity under the destination of Pakistan. The removals from the Entity List and MEU List are made in connection with requests for removal that BIS received pursuant to the EAR and a review of information provided in those requests.
* DATES: This rule is effective June 1, 2021.
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Commerce/BIS: “Transfer of Jurisdiction of Certain Technology and Software – Control of Firearms, Guns, Ammunition and Related Articles No Longer Warrant Control Under the USML”
(Source: Federal Register, 1 Jun 2021) [Excerpts]
86 FR 29189: Rule
* AGENCY: Bureau of Industry and Security, Department of Commerce.
* ACTION: Notification of vacated court order.
* SUMMARY: The Bureau of Industry and Security (BIS) is publishing this notification to the public concerning the transfer of jurisdiction of certain “software” and “technology” as a result of action by the Court of Appeals for the Ninth Circuit vacating a March 6, 2020 preliminary injunction by the district court in Washington v. U.S. Dep’t of State, No. 20-35391, 2021 WL 1621320, 2021 U.S. App. LEXIS 12448 (9th Cir. Apr. 27, 2021). Pursuant to that decision, issued on April 27, 2021, the mandate of the Ninth Circuit was issued on May 26, 2021 and district court’s injunction was vacated. This notice also includes guidance to persons with technology or software that was previously retained on the U.S. Munitions List (USML) and controlled under the International Traffic in Arms Regulations (ITAR) pursuant to the March 6 district court order, but which is now subject to the jurisdiction of the Export Administration Regulations (EAR).
* DATES: The district court injunction of March 6, 2020 was vacated on May 26, 2021. As of May 26, 2021, the “technology” and “software” that meets the criteria in section 734.7(c) is “subject to the EAR” and is no longer controlled under the ITAR.
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State/DDTC: “ITAR – U.S. Munitions List Categories; Preliminary Injunction Vacated by a Federal Court of Appeals”
(Source: Federal Register, 1 Jun 2021) [Excerpts]
86 FR 29196: Rule
* AGENCY: Department of State.
* ACTION: Notification of vacatur of a prior preliminary injunction.
* SUMMARY: The U.S. Department of State (the Department) is issuing this document to inform the public of the vacatur of a preliminary injunction previously ordered by a federal district court on March 6, 2020. As a result of the vacatur, the Department’s previously issued final rule of January 23, 2020, goes into full effect. Therefore, software and technical data related to 3-D printing of firearms or components transferred to the Export Administration Regulations (EAR), administered by the Department of Commerce now is exclusively controlled by the EAR.
* DATES: The court order vacating the preliminary injunction took effect May 26, 2021.
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Treasury/OFAC: “Publication of Burma Sanctions Regulations”
(Source: Treasury/OFAC, 28 may 2021)
The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is issuing the Burma Sanctions Regulations to implement Executive Order 14014 of February 10, 2021, “Blocking Property With Respect to the Situation in Burma.” These regulations are currently available for public inspection with the Federal Register and will take effect upon publication in the Federal Register on Tuesday, June 1, 2021. OFAC intends to supplement this part 525 with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, general licenses, and other regulatory provisions.
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State/PM: “Statutory Debarment Under the AECA and the ITAR”
(Source: Federal Register, 4 Jun 2021) [Excerpts]
86 FR 30074: Notice
* AGENCY: Bureau of Political-Military Affairs
* ACTION: Notice.
* SUMMARY: Notice is hereby given that the Department of State has imposed statutory debarment under the International Traffic in Arms Regulations (“ITAR”) on persons convicted of violating, or conspiracy to violate, the Arms Export Control Act (AECA). Pursuant to section 38(g)(4) of the AECA and sections 127.7(b) and (c)(1) of the ITAR, the following persons, having been convicted in a U.S. District Court, are denied export privileges and are statutorily debarred as of the date of this notice (Name; Date of Judgment; Judicial District; Case No.; Month/Year of Birth):
(1) Danso, Ronald Adjei; September 15, 2020; District of Utah; 2:19-cr-00184-JNP; November 1968.
(2) Higuera, Julian Alonso; September 24, 2020; District of Arizona; 4:16-cr-00437- RM-DTF; October 1990.
(3) Li, Qingshan; June 12, 2020; Southern District of California; 3:19-cr-02564-CAB; February 1985.
(4) Park, Si Mong; September 14, 2020; District of the District of Columbia; 1:17-cr- 00228-RC; September 1970.
(5) Rubio, Maritza; June 6, 2019; District of Arizona; 4:17-cr-02027-CKJ-EJM; February 1979.
(6) Sun, Wei; November 18, 2020; District of Arizona; 4:19-cr-00472-RM-JR; December 1971.
(7) Williams, Randy Lew; March 3, 2021; Western District of Oklahoma; 5:20-cr- 00106-JD; August 1963. At the end of the three-year period following the date of conviction, the above-named persons remain debarred unless a request for reinstatement from statutory debarment is approved by the Department of State.
* DATES: Debarment imposed as of June 4, 2021.