The Daily Bugle Weekly Highlights: Week 6 (8 – 12 Feb 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. USTR: “Information on 2021 Tariff-Rate Quotas for Exports From the UK”; Monday, 8 Feb 2021; Item #1
2. UK ECJU Publishes Licensing Data on Strategic Export Controls; Tuesday, 9 Feb 2021; Item #6
3. DHS/CBP:Documentation Requirements for Articles Entered Under Various Special Tariff Treatment Provisions; Thursday, 11 Feb 2021; Item #2
4. Presidential EO: “Blocking Property With Respect to the Situation in Burma”; Friday, 12 Feb 2021; Item #1
5. Commerce/BIS Restricts Licensing of Sensitive Exports to Burma’s Military and Security Services in Response to the Recent Military Coup; Friday, 12 Feb 2021; Item #1

 

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USTR: “Information on 2021 Tariff-Rate Quotas for Exports From the UK”

(Source: Federal Register, 8 Feb 2021) [Excerpts]

 

86 FR 8676: Notice

* AGENCY: Office of the United States Trade Representative.

* ACTION: Notice.

* SUMMARY: The Office of the United States Trade Representative is providing notice that the United Kingdom (UK) in 2021 continues to be eligible to export under U.S. tariff-rate quotas (TRQs) allocated to the member countries of the European Union (EU).

* DATES: This notice is applicable as of February 8, 2021.

 

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UK ECJU Publishes Licensing Data on Strategic Export Controls

(Source: UK ECJU, 9 Feb 2021) [Excerpts]

 

Find here the licensing statistics updates.

 

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DHS/CBP: Documentation Requirements for Articles Entered Under Various Special Tariff Treatment Provisions

(Source: Federal Register) [Excerpts]

 

86 FR 9081

* AGENCY: U.S. Customs and Border Protection (CBP), Department of Homeland Security

* ACTION: 30-Day notice and request for comments; extension of an existing collection of information.
* ABSTRACT: U.S. Customs and Border Protection (CBP) is responsible for determining whether imported articles that are classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 9801.00.10, 9802.00.20, 9802.00.40, 9802.00.50, 9802.00.60 and 9817.00.40 are entitled to duty-free or reduced duty treatment. In order to file under these HTSUS provisions, importers, or their agents, must have the declarations that are provided for in 19 CFR 10.1(a), 10.8(a), 10.9(a) and 10.121 in their possession at the time of entry and submit them to CBP upon request. These declarations enable CBP to ascertain whether the requirements of these HTSUS provisions have been satisfied.

* DATES: Comments are encouraged and must be submitted (no later than March 15, 2021) to be assured of consideration. . . . .

 

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Presidential EO: “Blocking Property With Respect to the Situation in Burma”

(Source: Federal Register, 12 Feb 2021) [Excerpts]

 

86 FR 9429: Executive Order

 

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182 (f)), and section 301 of title 3, United States Code,

I, JOSEPH R. BIDEN JR., President of the United States of America, find that the situation in and in relation to Burma, and in particular the February 1, 2021, coup, in which the military overthrew the democratically elected civilian government of Burma and unjustly arrested and detained government leaders, politicians, human rights defenders, journalists, and religious leaders, thereby rejecting the will of the people of Burma as expressed in elections held in November 2020 and undermining the country’s democratic transition and rule of law, constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States. I hereby declare a national emergency to deal with that threat.

 

Accordingly, I hereby order:  . . .

Sec. 11.

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

 

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Commerce/BIS Restricts Licensing of Sensitive Exports to Burma’s Military and Security Services in Response to the Recent Military Coup

(Source: Commerce/BIS, 11 Feb 2021)

 

The Department of Commerce’s Bureau of Industry and Security (BIS) implemented a series of restrictions on exports of sensitive items to Burma’s Ministry of Defense, the Ministry of Home Affairs, armed forces, and security services in response to the Burmese military’s actions to overthrow the democratically elected civilian government of Burma.

Effective immediately, BIS will apply a presumption of denial for items requiring a license for export and reexport to these select Burmese government departments and agencies. In addition, BIS is revoking certain previously issued licenses to these departments and agencies which have not been fully utilized. BIS also will suspend certain license exceptions previously available to Burma as a result of its current Country Group placement under the Export Administration Regulations (EAR), including Shipments to Country Group B countries (GBS) and Technology and Software under restriction (TSR).

BIS is also assessing additional actions, including possible Entity List additions, adding Burma to the list of countries subject to the EAR’s military end use and end user (MEU) and military intelligence end use and end user (MIEU) restrictions, and downgrading Burma’s Country Group status in the EAR.

The Department of Commerce released the following statement:

“The military coup in Burma is a direct assault on Burma’s transition to democracy and the rule of law. By taking immediate action to prevent the Burmese military from benefiting from access to sensitive U.S. technology, we are sending a direct message that the United States stands with the people of Burma and their lawful democratic institutions. The Department of Commerce will take all appropriate action to limit such access by those responsible for dismantling the democratic institutions that the people of Burma have worked tirelessly to build.”