REGULATORY COMPLIANCE NEWSLETTER – Vol. 0418-2008

Today's Items:

1. Focusing on the ITAR—A Seminar Series
2. Technical Corrections to the Export Administration Regulations Based Upon a Systematic Review of the CCL
3. EAR--Conforming Changes to Certain End-User/End-Use Based Controls; Clarification "Transfer" and Related Terms
4. ITAR--Amendment to the ITAR: The USML
5. ITA--Trade Finance Guide
6. OFAC--Civil Penalties Information
7. OFAC--Watch List Updates
8. Denied Parties Screening Update
9. Conferences

NEWS:

Focusing on the ITAR--A Seminar Series—Training in Defense Trade Regulatory Requirements and Practices

The Bureau of Industry and Security (BIS) issued a final rule to make various technical corrections and clarifications to the EAR as a result of a systematic review of the Commerce Control List (CCL) that was conducted by the Bureau of Industry and Security (BIS). This rule is the first phase of the regulatory implementation of the results of a review of the CCL that was conducted by BIS starting in 2007. The BIS CCL review benefited from input received from BIS's Technical Advisory Committees (TACs) and comments that were received from the interested public in response to the publication of a BIS notice of inquiry on July 17, 2007 (72 FR 39052). Effective Date: This rule is effective: April 18, 2008.

The Bureau of Industry and Security (BIS) proposes to amend the EAR by making conforming changes in certain end-user/end-use controls in the EAR to ensure that the terminology used to describe each type of end-user/end-use control is consistent, to the fullest extent possible, with the terminology in other such controls in the EAR. The proposed amendments would clarify that a party cannot proceed with an export, reexport, or transfer that is in transit at the time the party is informed by BIS that a license is required, unless that party first obtains a license from BIS authorizing the completion of the transaction. These proposed changes to part 744 are intended to enhance the ability of BIS to stop items subject to the EAR, including items not on the Commerce Control List, from being exported, reexported or transferred when there is an unacceptable risk that such items will be used in, or diverted to, any of the proliferation activities specified in Sec. 744.2, 744.3, 744.4 and 744.6 of the EAR. This rule also proposes to amend the EAR by revising the definition of the term "transfer" and certain related terms, to provide greater clarity regarding these provisions. Comments must be received by June 17, 2008.

The Department of State (DOS) is proposing to amend the text of the International Traffic in Arms Regulations (ITAR), Part 121, to add language clarifying how the criteria of Section 17(c) of the Export Administration Act of 1979 ("EAA") are implemented in accordance with the Department of State's obligations under the Arms Export Control Act ("AECA"), and restating the Department's longstanding policy and practice of implementing the criteria of this provision. The Department of State will accept comments on this proposed rule until May 12, 2008.

The International Trade Administration’s (ITA) Manufacturing and Services unit has published an updated version of the Trade Finance Guide: A Quick Reference for U.S. Exporters. This concise and easy-to-understand tool was created specifically for U.S. small- and medium-sized enterprises (SMEs). The second edition includes a new chapter on foreign exchange risk management, as well as updates to all of the other chapters. The additional content is in response to the interest expressed by a number of SMEs that wish to export more efficiently in foreign currencies by mitigating the risk of currency exchange loss.

Civil Penalties Information -- OFAC enforcement information

The Office of Foreign Assets Control (OFAC), Department of Treasury announced revisions to their watch list on April 15, 2008. Entities have been added in the notice and information on existing parties on the watch list has been updated with new addresses and branch offices.

DENIED PARTIES SCREENING UPDATE:

The following entities were added to the Denied Persons List. The full list of changes can be accessed at the OCR web site.

• AGROGANADERA LA ISABELA S.A. , Avenida 4 No. 6N-61, Ofc. 510, Cali , COLOMBIA
  Privileges affected: Colombia ; NIT # 900100335-6 (Colombia).
  Effective date: 04/15/08, Expiration date: UNTIL RESCINDED
• Aviation Services International B.V. , Fleming Straat 36, Heerhugowaard, 1704SL, NETHERLANDS , AKA/DBA: a.k.a. TPC, B.V.; DELTA LOGISTICS, B.V.; ROBERT KRAAIPOEL; NIELS KRAAIPOEL; MIA VAN GEMERT; MOJIR TRADING; REZA AMIDI; LAVANTIA, Ltd.; Mita Zarek
  Privileges affected: Temporary Denial Order renewed for another 180 days. Temporary Denial Order effective for 180 days from the date of publication in the Federal Register. Aviation Services International B.V may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology exported or to be exported from the United States that is subject to the Export Administration Regulations, or in any other activity subject to the EAR.
  Effective date: 10/10/07, Expiration date: 10/1/2008
  F.R. Date: 04/11/2008, Citation: 72 FR 57520; 73 FR 19809
• BLACKMORE INVESTMENTS A.V.V. , P.O. Box 1060 , Oranjestad
  Privileges affected: C.R. No. 12128.0 (Aruba).
  Effective date: 05/11/05, Expiration date: UNTIL RESCINDED
• CENTRO COMERCIAL GUSS S.A. , Carrera 105 No. 14-01, Cali , COLOMBIA
  Privileges affected: NIT # 900105460-1 (Colombia).
  Effective date: 04/15/08, Expiration date: UNTIL RESCINDED

CONFERENCES:

BIS

Title: Complying with US Export Controls
Date: April 23-24, 2008
Location: Portland, OR

Title: How To Develop an Export Management and Compliance Program
Date: April 29 and 30 , 2008
Location: New Orleans, LA

International Trade Compliance Strategies, LLC -- http://www.itcstrategies.com/

Unz & Co. Seminars – http://www.unzco.com/

Title: Import Operations & Procedures, Tariff Classification Under the Harmonized System, U.S. Customs Audit & Compliance Assessment, International Terms of Sale, Payment & Letter of Credit
Date: April 21 - 25, 2008
Location: Saddle Brook, NJ

Title: Classification Under the Schedule B
Date: April 22, 2008
Location: Stamford, CT

Title: Export Operations & Procedures, Export Controls and Licensing, Introduction to the International Traffic in Arms Regulations (ITAR), ITAR Licensing Workshop
Date: April 28 – May 2, 2008
Location: Chicago, IL

Title: Global Sourcing & Supply Chain Management
Date: April 29, 2008
Location: Philadelphia, PA

Title: International Logistics
Date: April 30, 2008
Location: Philadelphia, PA

Title: Export Operations & Procedures, Export Controls and Licensing, Introduction to the International Traffic in Arms Regulations (ITAR), ITAR Licensing Workshop, Classification Under the Schedule B
Date: April 28 – May 2, 2008
Location: Chicago, IL

Title: Understanding & Implementing C-TPAT
Date: May 1, 2008
Location: Long Beach, CA

Title: Import Operations & Procedures, Tariff Classification Under the Harmonized System , U.S. Customs Audit & Compliance Assessment
Date: May 5 – 8, 2008
Location: Cleveland, OH

Title: International Logistics
Date: May 6, 2008
Location: Washington, DC

Title: International Logistics
Date: May 8, 2008
Location: Boston, MA

Title: Understanding & Implementing C-TPAT
Date: May 9, 2008
Location: Chicago, IL

DL Exports International

For a list of seminars please visit http://www.dlexports.com/

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Disclaimer:

This newsletter is not intended to provide legal guidance. Adherence to this decision does not relieve the exporter of the statutory responsibilities of complying with the applicable statutes, regulations, policies and procedures of the U.S. Government

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