Monday, October 6, 2014
The Daily Bugle is a free daily newsletter from Full Circle Compliance, containing
changes to export and import regulations (ATF, Customs, EAR, FACR/OFAC,
FTR/AES, HTSUS, and ITAR), plus news and events. Subscribe at
www.FullCircleCompliance.us or www.FullCircleCompliance.eu.
**********
EX/IM ITEMS FROM TODAY'S FEDERAL REGISTER:
[No items of interest noted.]
OTHER GOVERNMENT SOURCES:
1. Ex/Im Items Scheduled for Publication in Future Federal Register Editions
2. Commerce/BIS: McWane International Sales Company, to Pay $7,000 for
Antiboycott Violations
3. State/DDTC External Systems Unavailable From 6 pm Tonight Until 6 pm
Tuesday
NEWS:
4. Bloomberg: "Fokker Deserved Deal in Iran Sanctions Case, U.S. Says"
5. Defense News: "DoD Kicks off Fiscal Year with Streamlined Export Rules"
6. NDIA: "Senate Report Showcases Top Thinkers on Defense Acquisition, but
Legislative Path Ahead Still Unclear"
7. Reuters: "U.S. Agency Queries Energy Firms Ahead of Export Rulings"
8. SFGate: "Businessman Pleads Guilty to Violating Export Law"
9. ST&R Trade Report: "Forwarder Fined $30,000 for Facilitating Unlicensed
Shipment to China"
COMMENTARY:
10. R.F. Amaee and A. Rathod-Papier: "Get Ready for UK Extractive Industries
Disclosure Rules"
11. Gary Stanley's ECR Tip of the Day
EX/IM MOVERS & SHAKERS:
12. Weekly List of Ex/Im Job Openings: 68 Jobs Posted
EDITOR'S NOTES:
13. Bartlett's Unfamiliar Quotations
14. Are Your Copies of Regulations Up to Date? Latest Changes: ATF (11 Aug
2014), Customs (8 Aug 2014), EAR (17 Sep 2014), FACR/OFAC (8 May 2014), FTR
(12 Sep 2014), HTSUS (1 Jul 2014), and ITAR (4 Aug 2014).
**********
EXPANDED ITEMS:
1. Ex/Im Items Scheduled for Publication in Future Federal Register
Editions
(Source: Federal Register)
* ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES BUREAU; PROPOSED RULES;
Rules of Practice in Explosives License and Permit Proceedings (2007R-5P):
Revisions Reflecting Changes Consistent with the Homeland Security Act of 2002
[Publication Date: 10/7/2014]
* ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES BUREAU; NOTICES:
Commerce in Explosives; 2014 Annual List of Explosive Materials [Publication Date:
10/7/2014]
* INDUSTRY AND SECURITY BUREAU; NOTICES; Denials of Export Privileges: XTREME Motors LLC; XTREME Outdoor Store; Tyson Preece; et al. [Publication Date:
10/7/2014]
**********
2. Commerce/BIS: McWane International Sales Company, to Pay $7,000
for Antiboycott Violations
(Source: Commerce/BIS)
* Respondent: McWane International Sales Company
* Case No: 14-06
* Charges:
- One Violation of 15 C.F.R. §760.2(d) - Furnishing Information about
Business Relationships with Boycotted Countries or Blacklisted Persons
- Four Violations of 15 C.F.R. §760.5 - Failing to Report the Receipt of a
Request to Engage in a Restrictive Trade Practice or Foreign Boycott Against a
Country Friendly to the United States
* Fine or Civil Settlement: Civil Settlement of $7,000
* Debarred or Suspended from Export Transactions: Not if penalty is paid as
agreed.
* Result of Voluntary Self-Disclosure: Yes
* Date of Order: 29 September 2014
**********
3. State/DDTC DDTC External Systems Will Be Unavailable From Tonight
Until 6 pm Tuesday
(Source: State/DDTC)
DDTC external systems (i.e., DTrade, EFS, Mary, and Ellie) and DTAS Online will be
unavailable to industry users beginning 6:00 pm (EST) October 6, 2014 due to
system upgrades in support of an upcoming Federal Register Notice. All systems
and DTAS Online will be operational by 6:00 am (EST) on October 7, 2014.
**********
4. Bloomberg: "Fokker Deserved Deal in Iran Sanctions Case, U.S. Says"
(Source: Bloomberg)
Federal prosecutors are standing behind the $21 million deferred-prosecution
agreement offered to Fokker Services B.V., to settle allegations that the Dutch
aerospace firm violated U.S. sanctions against Iran.
The U.S. Attorney's office in Washington is sticking to its position that Fokker
deserved lenient treatment because of the company's "voluntary self-disclosure" in
June 2010, according to a court filing yesterday.
U.S. District Judge Richard Leon asked the government to review its position at a
July 9 hearing following publication of a Bloomberg News story that said Fokker's
unlawful transactions with Iran first emerged from late 2007 to early 2008 during a
separate investigation. The story cited three anonymous sources and referred to a
Justice Department prosecution of Aviation Services International and its principals,
Robert and Neils Kraaipoel.
Leon also questioned the size of the proposed penalty levied on Fokker, and the
lack of charges filed against individuals in the matter at the hearing.
On July 24, the government disclosed the existence of an affidavit from a retired
Commerce Department agent, David Poole, who said Fokker's disclosure in 2010
was neither voluntary, truthful nor complete.
Formal Investigation
In today's filing, the government maintained its position that Fokker's disclosure
was voluntary. Although prosecutors conceded that some government
representatives might have learned about Fokker's wrongful conduct before the
disclosure, they said there was no evidence that a formal investigation of the Dutch
aerospace company had begun before the company's June 2010 disclosure.
Former special agent Poole's belief that he had begun an investigation of Fokker
Services in 2007 or 2008 "is unsupported," prosecutors wrote in the filing.
"Regardless of what former special agent Poole intended to do, there is no record
showing that he took any affirmative substantive investigative step focused on
Fokker Services before the company came forward to admit its wrongdoing in June
2010."
The government acknowledged that a sweep of Aviation Services International's
warehouse in the Netherlands in August 2008 produced evidence related to Fokker,
but says the discovery of such evidence didn't constitute an investigation of Fokker.
"Evidence referencing Fokker Services was caught in law enforcement's net, but the
net was not cast over Fokker Services itself," the prosecutors wrote.
Poole declined to comment on the filing.
Pentagon Contractor
Fokker Technologies Holding BV, the parent company of Fokker Services, has been
a contractor with the Pentagon's F-35 program since 2002. The Dutch aerospace
company supplies in-flight opening doors and flaps and electrical wiring systems.
Because the deferred-prosecution agreement was struck with Fokker Services,
which had no direct involvement with the Pentagon's F-35 project, the parent
company is unlikely to lose its eligibility to work on the plane, according to
Pentagon guidelines for contractors.
The F-35 program is a $392 billion weapons system being produced by Lockheed
Martin Corp. Laurie Tortorello, a spokeswoman for Lockheed Martin, declined to
comment on the filing.
The case is U.S. v. Fokker Services BV, 1:14-cr-00121, U.S. District Court, District
of Columbia (Washington).
**********
5. Defense News: "DoD Kicks off Fiscal Year with Streamlined Export
Rules"
(Source: Defense News)
While it remains much too early to declare a new day in Pentagon acquisition and
export control circles, the turn of the building's fiscal page to 2015 has brought with
it several high-profile initiatives to begin to reform and streamline several longstultified lines of effort.
Significantly, the Pentagon office in charge of leading the way in sales of US
defense equipment to foreign governments unveiled a new strategy document on
Oct. 1 aimed at making the foreign military sales (FMS) process more responsive to
allied nations' needs by creating teams that will work closely with regional partners.
The plan comes as the Pentagon's top weapons buyer releases another "Better
Buying Power" document calling for greater industry-Pentagon collaboration on
research and development activities, while also integrating allies into the process to
share some of the burden.
But one of the biggest initiatives in the Defense Security Cooperation Agency's
(DSCA's) "Vision 2020" strategy is a legislative push on Capitol Hill to streamline
some key provisions of the Arms Export Control Act, which allows the US
government to sell equipment only to a single partner nation while banning transfer
to a third country or otherwise "sharing" that asset.
In some ways, this restriction butts up against some recent NATO initiatives like
"Smart Defense" that encourage the pooling of assets and the joint development of
technologies among several nations. It also places some restrictions on other
partnerships of allied nations that may be interested in pooling assets in the face of
defense budget cuts or their own limited resources.
"Under our Export Control Act, we can't do it like that," Kidd Manville, deputy
director of strategic planning and integration at DSCA, said in an interview. "We are
looking at different ways of doing that while still complying with the Arms Export
Control Act, but not doing it exactly the way NATO wants us to do while still
satisfying their requirement.
"The problem we have right now is that defense articles are transferred on a
bilateral basis," he said, adding that the DSCA is still only "looking at possibilities"
for reform. "There's a lot of work to be done on that one."
Speaking to a related issue during a breakfast meeting with reporters in
Washington on Oct. 2, Danish Army Gen. Knud Bartels, chairman of NATO's
Defense Committee, insisted that the US and European defense industries could do
more to ensure munitions can be used across military forces to fit on disparate
alliance aircraft.
In order to do that, the allies would first have to ensure that "there is a maximum
level of interoperability as to their products and a maximum cooperation and
maximum sharing, which I do not always see from the very capable and very
important military industry which is available in a number of nations."
The logistics of making sure that multiple systems are interoperable is a challenge
for governments and industry, and wouldn't necessarily be settled simply by
reforming equipment-sharing rules across the alliance.
"The mechanism for buying things, that is a pure political decision-making process,"
Bartels said. "It's a matter of setting priorities. If the priority is to equip in the best
way the armed forces of the alliance, I'm sure our political leaders will find the
mechanisms which make it easy and straightforward to do it."
Frank Kendall, undersecretary for acquisition, technology and logistics, struck a
similar note when rolling out Better Buying Power 3.0, telling an industry audience
on Sept. 16 that he wants to "stimulate industry to innovate."
He said he wants "an industry that's creative," adding that the collaboration
between government and industry would help in the global marketplace as well. "If
industry's building better products for us, they're going to be able to sell those
products in wider markets."
Perhaps the largest structural change DSCA is making is in the development and
structure of what it's calling "integrated regional teams" that are working more
closely than ever before with the Pentagon's geographic combatant commanders to
help understand and define the needs of partner nations, and to try to predict those
needs.
"We're going to have direct line of sight to [the combatant commanders], and be
more focused on the combatant commands" Manville said. Each team will be led by
an O-6 - captain or colonel - and "will be working very closely with the combatant
commands, [DoD] policy, the Joint Staff, and State Department desk officers," he
added.
The teams will all be located at the DSCA's Washington office, whereas before they
had been spread out. "We're going to be able [to bring] more of the agency to bear
on any given problem much, much quicker than we had been able to before," said
Clayton Holt, a senior strategic analyst at DSCA.
All of these changes have been spurred on by "constrained budgets here in the US
and abroad, greater competition and a trend toward international competition in
sales, and greater demands on the part of the customer," in pricing, quality and
requirements Holt added.
"We had to be more responsive and provide our customers with a more responsive
organization with more transparency, more visibility, so people could understand
what's happening," he said.
The effort is being led by Vice Adm. Joseph Rixey, DSCA director.
During a panel discussion on security assistance programs in Washington on Sept.
16, Rixey said the traditional US approach for FMS cases has always been
conservative. The walls it puts in place, he said, "don't compete well with direct
commercial offerings from international vendors. What this environment is telling us
is that we must evolve."
**********
6. NDIA: "Senate Report Showcases Top Thinkers on Defense Acquisition,
but Legislative Path Ahead Still Unclear"
(Source: NDIA)
The Senate permanent subcommittee on investigations last week published a 211page collection of essays written by Washington's defense procurement gurus. The
panel describes the report as a "comprehensive record on shortcomings in the
acquisition process," although no specific solutions are offered to fix these
problems.
That military weapon acquisitions continue to be plagued by cost overruns and
schedule delays is particularly frustrating to many lawmakers who expected major
problems would end after Congress passed to great fanfare the 2009 Weapon
Systems Acquisition Reform Act.
The title of the subcommittee's report, "Defense Acquisition Reform: Where Do We
Go From Here?" encapsulates such frustration.
Senators John McCain, R-Ariz., and Carl Levin, D-Mich. - ranking member and
chairman of the permanent subcommittee on investigations - are longtime critics of
the Pentagon's procurement process. The report, which took about six months to
compile, seems to reinforce the senators' conviction that further reforms are
needed, even though they did not endorse any particular expert's take.
How exactly the acquisition process might be overhauled is still unknown. On the
House side, the presumptive future chairman of the Armed Services Committee,
Rep. Mac Thornberry, R-Texas, has been leading the charge. The committee
convened many hearings on the topic and solicited input from Pentagon acquisition
executive Frank Kendall and from several industry associations.
The release of the Senate's subcommittee on investigations compendium is a clear
sign that McCain intends to be a strong voice in the debate when Congress takes
this up next year. Senate Armed Services Committee Chairman Levin is retiring,
and he would be succeeded by Sen. Jack Reed, of Rhode Island, if Democrats are
able to retain the Senate in November. If Republicans win the majority, McCain
would take over SASC.
"Where Do We Go From Here?" makes no recommendations of its own, but McCain
and Levin want it to inform future congressional deliberations and serve as a
blueprint for action. The report also returns McCain to the spotlight as a key player
in next year's legislative debate on defense acquisitions. More so than Thornberry,
McCain has been steadfast in his carping about waste in Pentagon weapon
procurements. He has called for the termination of big-ticket projects and has
consistently grilled defense officials on the rising cost of major weapons systems.
But nobody yet knows where lawmakers "go from here" on acquisition legislation.
Public comments by Kendall and draft recommendations released by some industry
associations suggest that proposals so far are pie-in-the-sky pronouncements, and
turning them into actual legislation will be the tough part.
One takeaway from the compendium of essays is that everyone knows that the
acquisition process has to change but there is no game plan yet for how to do it.
The essays, although comprehensive and insightful, do not provide a how-to guide
for fixing problems.
In the introduction to the report, the subcommittee recognizes that the solutions to
troubled defense acquisitions are not likely to be accomplished through legislation
because the problems are too endemic.
"Among all those factors that have been identified as contributing to dysfunction in
the defense acquisition system, cultural change is among both the most important
and the least amenable to legislation and policy changes," the report said.
Changing this will require "leadership throughout the chain-of-command and an
incentive structure that threads through both the government contracting and
acquisition workforce and industry that assigns a premium to cost-control and the
timely delivery of needed capability."
The subcommittee summarized the views of the experts as follows:
- Nearly half stress that cultural change is required while over two-thirds believe
improving incentives for the acquisition workforce is necessary for reform.
- Two-thirds of the contributors agree that training and recruiting of the acquisition
workforce must be improved.
- Nearly half believe that DOD needs to ensure it has realistic requirements at the
start of a major acquisition program that includes budget-informed decisions.
- More than half of the submissions noted the need for strong accountability and
leadership throughout the life-cycle of a weapon system. Several experts also called
for the military service chiefs to have greater authority in the acquisition process.
**********
7. Reuters: "U.S. Agency Queries Energy Firms Ahead of Export Rulings"
(Source: Reuters)
The U.S. government has asked energy companies to fill out a one-page
questionnaire about their plans to export oil, in a first step toward resolving some
two dozen pending requests to ship lightly processed crude overseas, sources said.
The U.S. Commerce Department sent the survey around this summer to help it
decide whether to further ease the four-decade old ban on crude exports, according
to the five industry and legal sources.
In August, the Department's Bureau of Industry and Security (BIS) sent nine
questions to companies that had requested rulings on whether they could export an
ultra-light oil called condensate, people who had seen the questionnaire told
Reuters. Those requests have been "held without action" since July, effectively
removing any time frame for a decision, Reuters has reported.
The survey included basic questions about the type of oil used for feedstock, the
distillation process required to transform it from raw crude into oil products, and
the specific characteristics of the output, they said.
"It's an attempt to get the same information from everyone so they are operating
on the same basis," said one source, who spoke on condition of anonymity because
the applications are private. "It goes to how the (petroleum) products are produced
and what products result."
The document arrived more than a month after Pioneer Natural Resources and
Enterprise Product Partners confirmed that the BIS said they could export
condensate overseas after it had been lightly processed.
That news created a storm of confusion and generated questions from Washington
to Houston, putting the BIS under scrutiny as speculation rose that the
administration was changing the ban on crude exports. As the office dealt with the
uproar over condensate, it was also tied up with work on new sanctions on Russia's
oil sector, sources said.
Amid a six-year U.S. drilling boom expected to soon make the country the world's
top oil producer, energy companies are urging Congress and the Obama
administration to repeal the ban imposed in response to the Arab oil embargo of the
1970s. Few expect that to happen soon, but many hope it may be relaxed in part.
The questionnaire first asks for details including source, location, and API gravity, a
measure of the oil's thickness that is a key variable for setting its price. The second
question is about what kind of processing or distillation is being done, according to
the sources.
It also probes what comes out of the distillation tower and how the product will be
used abroad. Finally, the survey asks whether the company has ever sold
condensate or crude overseas.
CONDENSATE WORKSHOP
Many of those companies quickly returned the forms but have had no further
response from the BIS since August, an industry source said. Only oil trader
Trafigura has publicly confirmed it has a request pending.
"Everybody in the government is looking over their (BIS') shoulder. They are being
reasonably cautious but the clock will tell me whether it is more about due diligence
on their part or political pressures," to slow the process down, the source said.
Energy experts in the Obama administration are turning their attention to resolving
lingering questions about condensates, which fall into a gray area under US
regulations.
The Energy Information Administration, the independent statistics branch of the
Department of Energy, on Sept. 26 held a closed-door "Condensate Workshop" with
officials from multiple agencies and outside energy experts, one of its initial efforts
to define exactly what the ultralight oil constitutes.
To date, the EIA has not provided comprehensive data on condensate. It has never
counted stabilizers, a type of oilfield equipment that some producers use to process
condensate, as a type of refining, meaning it may have failed to account for how
much of petroleum companies are hoping to treat for export.
"The focus of the EIA meeting was to try to understand the commercial parameters
so they can capture (condensates) correctly in their reports," a source said.
Two participants in the meeting said it was likely that the Department of Commerce
would not rule on any of the applications until a broader policy on condensates is
determined.
**********
8. SFGate: "Businessman Pleads Guilty to Violating Export Law"
(Source: SFGate)
A suburban Chicago businessman has pleaded guilty to violating U.S. law by trying
to ship a thermal imaging camera and successfully shipping other restricted items
to Pakistan without export licenses.
The U.S. attorney's office in Chicago says 34-year-old Bilal Ahmed on Thursday
entered a guilty plea in U.S. District Court.
The owner of Schaumberg-based Trexim Corp. pleaded guilty to one count of
violating the International Emergency Economic Powers Act. The Bolingbrook man
faces a maximum 20-year prison term, though guidelines call for much less time.
Ahmed admitted shipping carbon fiber and microwave laminates to Pakistan. A
prosecutors' statement says carbon fiber is "controlled for nuclear nonproliferation
and anti-terrorism reasons."
Ahmed was arrested in March as he tried to ship the thermal imaging camera.
His sentencing is set for Jan. 15.
**********
9. ST&R Trade Report: "Forwarder Fined $30,000 for Facilitating
Unlicensed Shipment to China"
(Source: ST&R Trade Report)
The Bureau of Industry and Security has issued an order imposing a $30,000 fine
against a New Jersey-based freight forwarder for facilitating the export of three
spiral duct production machines and related accessories, which are subject to the
Export Administration Regulations, to China without the required U.S. government
authorization.
BIS states that the forwarder arranged for the shipment and filed a shipper's export
declaration in the Automated Export System indicating that the export was
designated NLR (no license required). However, the recipient of the shipment was
listed as a specially designated national for supplying Iran's military and Iranian
proliferators with missile-related dual-use items. BIS states that the forwarder did
not check the SDN list or any other screening list in connection with either its
preparation of the SED or the other arrangements it made relating to this export.
If the forwarder does not pay the penalty within 30 days, BIS may suspend its
export privileges for one year.
**********
10. R.F. Amaee and A. Rathod-Papier: "Get Ready for UK Extractive
Industries Disclosure Rules"
(Source: FCPA Blog)
* Authors: Robert F. Amaee, Esq., ramaee@cov.com, +44(0)20-7067-2139; and
Alicia Rathod-Papier, Esq., arathodpapier@cov.com, +44.(0)20.7067.2287. Both of
Covington & Burling LLP.
The UK government recently announced the publication of draft legislation entitled
"Reports on Payments to Governments Regulations 2014." The legislation would
require UK-registered mining, quarrying, and logging companies to report on
payments they make to governments all over the world, when such payments
exceed £86,000 ($137,000) in a financial year.
The UK's initiative represents an initial step toward a broader expansion of
regulatory transparency requirements that we expect will, over the coming year, be
imposed upon companies operating in the extractive and logging sectors.
Under the UK legislation, "payments" are broadly defined to include money or in
kind contributions. The legislation would apply to "large undertakings" and "public
interest entities" that extract oil or gas, engage in mining, quarry or logging
activities. A company subject to the legislation must file reports with the Registrar
of Companies within 11 months of the end of its financial year. Failing to meet the
deadline could result in an unlimited fine for the company or imprisonment for
directors who fail to take all reasonable steps to comply. Subject to Parliamentary
approval, the legislation will apply to fiscal years commencing on or after January 1,
2015.
In addition, the UK Financial Conduct Authority (FCA) recently published a
consultation paper on the proposed implementation of transparency rules for
companies with publicly listed securities on the UK market. If implemented, the
measure would also apply to fiscal years commencing on or after 1 January 2015.
The FCA is accepting comments until October 7, 2014.
The proposed measures would make the UK the first EU country to comply with the
extractive industry transparency provisions introduced by the EU Accounting
Directive and Transparency Directive. All other EU Member States are required to
adopt similar measures into national law by July 20, 2015 and November 26, 2015
respectively.
In the U.S., the Securities and Exchange Commission is also expected to issue new
reporting rules in 2015, following the decision of the U.S. District Court for the
District of Columbia in July 2013 vacating Rule 13q-1, the SEC's first effort to adopt
reporting rules for resource extraction payments.
Affected companies should, accordingly, familiarize themselves with the proposed
UK reporting standards, some of which may require the implementation of new or
enhancement of existing internal accounting and reporting protocols. Companies
also may wish to respond to the FCA consultation, and engage in dialogue with
other Member State regulators who are considering similar reporting standards.
The draft legislation "Reports on Payments to Governments Regulations 2014" is
here (pdf).
**********
11. Gary Stanley's ECR Tip of the Day
(Source: Defense and Export-Import Update; available by subscription from
gstanley@glstrade.com)
* Author: Gary Stanley, Esq., Global Legal Services, PC, (202) 352-3059,
gstanley@glstrade.com
Under new USML Category XV, DDTC still intends to control on the USML, and
specifically provides for this in the introductory text to USML Category XV(a), some
spacecraft that have commercial end-use. Spacecraft that have commercial end-use
with capabilities above specified thresholds will still be controlled on the USML.
**********
12. Weekly List of Ex/Im Job Openings: 68 Jobs Posted
(Source: Editor) Published every Monday or first business day of the week.
Send openings in the following format to JEBartlett@JEBartlett.com.
COMPANY; LOCATION; POSITION TITLE; CONTACT INFO
* AeroVironment, Inc.; Simi Valley CA; Export Compliance Manager; Requisition
ID: 14-011
* AeroVironment, Inc.; Simi Valley CA; Import/Export Compliance
Administrator; Requisition ID:14-036
* Amazon Corporate LLC; Seattle WA; Corporate Counsel, Global Trade
Compliance; Requisition ID: 251649
* Amazon EU SARL; Luxembourg; Corporate Counsel - Trade Compliance;
Joséphine Hartmann; Eulegalrecruitment@amazon.com; Requisition ID: 252593
* Amazon EU SARL; Luxembourg; Senior Corporate Counsel Pan EU Legal
Compliance; Requisition ID: 210599
* Amazon Web Services UK Limited; Slough UK; AWS UK & Ireland Security and
Compliance Architect; Requisition ID: 245904
* Amzn Servicos de Varejo do Bra; Sao Paulo; Brazil Trade Compliance
Manager; Requisition ID: 249827
* Analytical Graphics, Inc.; Exton PA; Manager, Export Operations;
dkimmich@agi.com
* Apple; Santa Clara Valley CA; Export Compliance Technology Advisor;
Requisition ID: 32948880
* ASML; Wilton CT; Free Trade Zone Manager; gary.brewin@monster.com; 978461-8734
* ATK; Plymouth MN; Licensing Manager; greg.reecy@atk.com; Requisition ID:
GMR20140907-29640
* AgustaWestland Philadelphia Corporation; Philadelphia; Import/Export
Coordinator; stacy.lavin@agustawestland.com; Requisition ID: 165
* BAE Systems; Hudson NH; Manager, Export/Import Compliance; Requisition
ID: 2994BR
* Boeing; Saint Louis MO; Trade Control Specialist 3;
suzanne.charles@boeing.com; 314-563-5452; Requisition ID: 1400005054en
* Bourns, Inc.; Riverside CA; International Trade and Contract Administrator;
BournsHR.Riv@bourns.com
* Cameron; Houston TX; Logistics Export/Import Ops Support Specialist;
Requisition ID: 53132BR
* Cubic Corporation; San Diego CA or Arlington VA; Director Global Trade
Compliance; Requisition ID: 2014-8205
* Curtiss-Wright; Nation-wide; Trade Compliance Analyst;
hiring@curtisswright.com; Requisition ID: 2969
* Donaldson; Bloomington MN; Director, Global Trade Compliance; Requisition
ID: 1401396
* Esterline Technologies Corp; Bellevue WA; Export Compliance Project Manager
- Consent Agreement; Requisition ID: 2290BR
* Esterline Technologies Corp; Brea CA; Customs Compliance Specialist;
Requisition ID: 2286BR
* Esterline Technologies Corp; Buena Park CA; Trade Compliance Specialist;
Requisition ID: 2319BR
* Esterline Technologies Corp; Everett WA; Sr. Trade Compliance Manager;
Requisition ID: 2316BR
* Esterline Technologies Corp; Paso Robles CA; Trade Compliance Administrator;
Requisition ID: 2352BR
* Esterline Technologies Corp; Platteville WI; Compliance Systems
Implementation Specialist; Requisition ID: 1746BR
* Esterline Technologies Corp; Sugar Grove IL; Trade Compliance Specialist;
Requisition ID: 1907BR
* Esterline Technologies Corp; Versailles France; Regional Compliance Mgr. Europe, N. Africa and Middle East; Requisition ID: 1771BR
* Foot Locker Inc.; Camp Hill PA; Director International Trade;
smaldonado@footlocker.com
* Henkel; Rocky Hill CT; Global Trade Manager; Requisition ID: 140005BR
* II-VI Incorporated; Saxonburg PA; Import Compliance Administrator;
Sarah.Anthony@ii-vi.com
* KEEN Footwear; Portland OR; International Logistics and Compliance Manager
* L-3 Mission Integration; Greenville TX; Import/Export Administrator 4;
Requisition ID: 060298
* L-3 Communications; Waco TX; Export Compliance - Empowered Official A5;
Requisition ID: 060978
* L-3 Security & Detection Systems; Woburn MA; Export Compliance Manager;
Requisition ID: 059276
* Lockheed Martin Corporation; Fort Worth TX; International Trade Compliance
Manager; Requisition ID: 303055BR
* Lockheed Martin Corporation; Fort Worth TX; International Trade Compliance
Senior Staff; Requisition ID: 303055BR
* Lockheed Martin Corporation; Forth Worth TX; Regulatory Compliance Analyst
Senior; Requisition ID: 286007BR
* Lockheed Martin Corporation; Forth Worth TX; Regulatory Compliance Analyst;
Requisition ID: 286011BR
* Lockheed Martin Corporation; Littleton CO; Intl Licensing Analyst Sr. Staff;
Requisition ID: 287813BR
* Lockheed Martin Corporation; Marietta GA; International Trade Compliance
Senior; Requisition ID: 296103BR
* Lockheed Martin Corporation; Orlando FA; Intl Licensing Analyst/ITAR
Compliance; Requisition ID: 300605BR
* Lockheed Martin Corporation; Syracuse NY; Intl Licensing Analyst; Requisition ID:
301038BR
* MD Helicopters; Mesa AZ; Export/Import Compliance Officer;
karen.bisch@mdhelicopters.com
* Northrop Grumman Electronic Systems; Woodland Hills CA; Manager 2,
International Trade Compliance; Requisition ID: 14008316
* Northrop Grumman Electronic Systems; Linthicum MD; International Trade
Compliance, Analyst 3; Requisition ID 14007782
* Northrop Grumman Information Systems; McLean VA; International Trade
Compliance Analyst 3; Requisition ID: 14019708
* Northrop Grumman Information Systems: McLean VA; International Trade
Compliance Analyst 4; Requisition ID: 14019657
* Qualcomm, Inc.; Beijing and/or Shanghai China; Compliance Sr. Manager /
Director - China; Requisition ID: N1924256
* Raytheon Missile Systems; Tucson AZ; Export/Import Licensing & Compliance
Specialist; Requisition ID 56447BR
* TCOM, L.P.; Columbia MD; Export Control Analyst; fields@tcomlp.com
* The Spaceship Company LLC; Mojave CA; Export Compliance Officer;
Requisition ID: 2014-1526
* United Technologies, Sikorsky; Stratford CT; ITC Specialist; Requisition ID:
126382-02
* United Technologies Research Center; East Hartford CT; ITC Attorney;
Requisition ID: 107362-05
* UTC Building & Industrial Systems; Farmington, CT;Specialist, International Trade
Compliance; Requisition ID: 130119-04
* UTC Building & Industrial Systems; Farmington, CT; ITC Self-Assessment
Program Lead; Requisition ID: 1305530-04
* UTC Building & Industrial Systems; Farmington, CT; Attorney, International
Trade Import Compliance; Requisition ID: 131432-02
* UTC Building & Industrial Systems; Farmington, CT; IT Trade ComplianceBusiness Analyst/Project Manager; Requisition ID: 131999-02
* UTC Building & Industrial Systems; Farmington, CT; Attorney, Export/Import
Compliance; Requisition ID: 132056-02
* UTC Building & Industrial Systems; Farmington, CT; ITC Import Program Lead;
Requisition ID: 132226-02
* UTC Aerospace Systems, Charlotte, NC; Global Trade Self-Assessment Support;
Requisition ID: 125336
* UTC Aerospace Systems, Diamond Bar, CA; ITC Associate; Requisition ID:
127416
* UTC Aerospace Systems, Chula Vista, CA ; ITC Specialist; Requisition ID:
125081
* UTC Aerospace Systems; Burnsville MN Senior Analyst, International Trade
Compliance; Requisition ID: 129323-02
* VWR International; Radnor PA; Trade Compliance Manager
* Walmart; Bentonville AR; Sr. Director Third Party Operations Anti-Corruption
Compliance; Requisition ID: 355112BR
* Walmart; Bentonville AR; Specialist Licensing Compliance; Requisition ID:
346110BR
* Wesco Aircraft; Valencia CA; Trade Compliance Analyst;
Stacey.Grogan@wescoair.com
* World Fuel Services, Corp.; Miami, FL; Associate Counsel - Compliance;
knash@wfscorp.com
**********
13. Bartlett's Unfamiliar Quotations
(Source: Editor)
A reporter once asked Cecil Day, the founder of Days Inn motels, what advice he
had for those who want to make a lot of money. Day simply said, "Find a need,
then fill it."
- From Cecil Burke Day (American businessman, 1934-1978)
*********
14. Are Your Copies of Regulations Up to Date?
(Source: 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.
Changes to applicable regulations are listed below.)
* ATF ARMS IMPORT REGULATIONS: 27 CFR Part 447-Importation of Arms,
Ammunition, and Implements of War
- Last Amendment: 11 Aug 2014: 79 FR 46690-46694: 27 CFR Parts 447, 478,
479, 555, and 646; Technical Amendments
- Source: http://tinyurl.com/q46kdgd
* CUSTOMS REGULATIONS: 19 CFR, Ch. 1, Pts. 0-199
- Last Amendment: 8 Aug 2014: 79 FR 46348-46350: Technical Amendment to the List
of CBP Preclearance Offices in Foreign Countries: Addition of Abu Dhabi, United Arab
Emirates
- Source: http://tinyurl.com/kadflzy
* EXPORT ADMINISTRATION REGULATIONS (EAR): 15 CFR Subtit. B, Ch. VII, Pts.
730-774
- Last Amendments: 17 Sep 2014, 79 FR 55608-55615: Russian Sanctions:
Addition of Persons to the Entity List and Restrictions on Certain Military End Uses
and Military End Users
- Source: http://tinyurl.com/lmz77g7
* FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500599, Embargoes, Sanctions, Executive Orders
- Last Amendment: 7 Apr 2014; 79 FR 26365-26373: Ukraine-Related Sanctions
Regulations
- Source: http://tinyurl.com/magsd9w
* FOREIGN TRADE REGULATIONS (FTR): 15 CFR Part 30
- Last Amendment: 12 Sep 2014; 79 FR 54588 (12 Sep 2014): Foreign Trade
Regulations (FTR): Reinstatement of Exemptions Related to Temporary Exports,
Carnets, and Shipments Under a Temporary Import Bond
- Source: http://tinyurl.com/mu2auaq. HTS codes that are not valid for AES are
available at: http://tinyurl.com/ygeamak.
- The Annotated Foreign Trade Regulations ("BAFTR"), by James E. Bartlett III, is
available by subscription. The BAFTR contains all FTR/AES amendments. Latest
revision is 12 Sep 2014. The BAFTR is available for annual subscription at
www.fullcirclecompliance.us. BITAR subscribers will receive a 25% discount on the
BAFTR.
* HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or
HTSUSA), 2013: 19 USC 1202 Annex. ("HTS" and "HTSA" are often seen as abbreviations for
the Harmonized Tariff Schedule of the United States Annotated, shortened versions of
"HTSUSA".)
- Last Amendment: 1 Jul 2013, Revision of the HTSUS
- Source: http://www.usitc.gov/tata/hts/index.htm
- HTS codes that are not valid for AES: http://tinyurl.com/ygeamak
* INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR): 22 C.F.R. Ch. I,
Subch. M, Pts. 120-130
- Latest Amendment: 4 Aug 2014; 79 FR 45089: ITAR 126.1(u), Central African
Republic.
- Latest change to text: 15 Aug 2014; as ITAR 121.1, Cat. VIII(h)(4) took effect
after publication on 1 July 2014, at 79 Fed. Reg. 37535.
- Source: http://tinyurl.com/nvawr3c, and scroll to "SUBCHAPTER M".
- The current edition of The Annotated ITAR ("BITAR"), by James E. Bartlett III, is
available for downloading in Word and PDF formats. The BITAR contains all ITAR
amendments to date, footnotes to sections that will take effect on future dates, plus
a large Index, and over 400 footnotes containing case annotations, practice tips,
and DDTC guidance. Subscribers receive updated copies of the BITAR in Word and
PDF versions by email, revised every time the ITAR is amended. The BITAR is
available by annual subscription from the Full Circle Compliance website at
www.fullcirclecompliance.us or www.FullCircleCompliance.eu. BITAR subscribers
receive a 25% discount on subscriptions to the BAFTR.
********************
EDITORIAL POLICY:
* The Ex/Im Daily Update is a publication of Full Circle Compliance BV, edited by
James E. Bartlett III, and emailed every business day to subscribers at over 500
companies and government agencies to inform readers of changes to defense and
high-tech trade laws and regulations. We check the following sources daily: Federal
Register, Congressional Record, Commerce/AES, Commerce/BIS, DHS/CBP,
DOJ/ATF, DoD/DSS, DoD/DTSA, 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.
* INTERNET ACCESS AND BACK ISSUES: The National Defense Industries
Association (NDIA) posts the Daily Update on line, and maintains back issues since
August, 2009, at http://tinyurl.com/ltvcvoe.
* RIGHTS & RESTRICTIONS: This email contains no proprietary, classified, or
export-controlled information. All items are obtained from public sources or are
published with permission of private contributors, and may be freely circulated
without further permission. Any further use of contributors' material, however,
must comply with applicable copyright laws.
* CAVEAT: The contents cannot be relied upon as legal or expert advice. Consult
your own legal counsel or compliance specialists before taking actions based upon
news items or opinions from this or other unofficial sources. If any U.S. federal tax
issue is discussed in this communication, it was not intended or written by the
author or sender for tax or legal advice, and cannot be used for the purpose of
avoiding penalties under the Internal Revenue Code or promoting, marketing, or
recommending to another party any transaction or tax-related matter.
* SUBSCRIPTIONS: Subscriptions are free. Subscribe by completing the request
form on the Full Circle Compliance website at www.FullCircleCompliance.us or
www.FullCircleCompliance.eu.
* TO UNSUBSCRIBE: Use the SafeUnsubscribe link below.