Defense and Export-Import Update (July 25, 2011)
Mon, 07/25/2011 - 09:23 — rsazegari
Defense and Export-Import Update (July 25, 2011) |
About Gary Stanley Gary Stanley is the President of Global Legal Services, PC, a Washington, DC-based law firm focusing on trade compliance and other international business issues. Stanley represents, among others, numerous U.S., Canadian, and European companies on defense export control issues. Stanley received his undergraduate degree from Emory University in 1975 and his law degree from Harvard Law School in 1978. He was elected in his junior year to Phi Beta Kappa. He currently serves as secretary-treasurer and a trustee of The Procedural Aspects of International Law Institute. For more information about Stanley and his law firm, Global Legal Services, call him at +1 202-686-4854 or e-mail him at gstanley@glstrade.com.
We hope this update proves helpful. If you have questions about any of these developments, please do not hesitate to call us. If you received this free newsletter from a colleague or friend and would like to subscribe directly, please just e-mail your name, title, company, and e-mail address to gstanley@glstrade.com.
Contact: E-mail gstanley@glstrade.com
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A daily Newsletter from Gary Stanley, Global Legal Services, PC. |
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1. BIS Posts Remarks of Ass’t. Secretary of Export Enforcement Mills + Presentations from 2011 Update Conference
2. BIS Adds Six Persons to Entity List
3. UK ECO Amends OGEL (International Non-Proliferation Regime Decontrols: Dual-Use Items)
4. DoD Seeks Public Comment on Definition of “Produced” in Context of Acquisition of Specialty Metals
5. USITC Finds Earned Import Allowance Program Provides Too Few Incentives
6. GAO Reports, Testimony, and Correspondence of Interest
7. U.S. Government Trade Forms and Other Information Collections Open for Public Comment
8. Quandary for U.S. Companies: Whom to Bribe? 9. Report Finds Vast Waste in U.S. War Contracts
10. China And Iran Plan Oil Barter System
11. DoD Approves U.S. Army's GCV Plan
12. United Technologies Studies Sale of Rocket Assets
NEW EVENT ADDED
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Today's Items
1. BIS Posts Remarks of Ass’t. Secretary of Export Enforcement Mills + Presentations from 2011 Update Conference
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) has posted on its website the remarks of Assistant Secretary David Millsat the 2011 Update Conference. In addition, it has posted the following session and panel presentations from the conference:
2. BIS Adds Six Persons to Entity List
(76 Fed. Reg. 44259) – The U.S. Department of Commerce's Bureau of Industry and Security (BIS) is amending the Export Administration Act (EAR) by adding the following six persons to the Entity List (Supp. No. 4 to Part 744) on the basis of EAR § 744.11:
HONG KONG
Biznest, LTD, Room 927 9/F Far East Consortium Building, 121 Des Voeux Road C, Central District, Hong Kong; and
Yeraz, LTD, Room 927 9/F Far East Consortium Building, 121 Des Voeux Road C, Central District, Hong Kong.
LEBANON
Micro Power Engineering Group,a.k.a MPEG, Anwar Street, Abou Karam Building, 1st Floor, Jdeidet El Metn, Beirut, Lebanon;
Narinco Micro Sarl, Dedeyan Center, Dora Boulevard Street, Bauchrieh Metn, Lebanon;
Serop Elmayan and Sons Lebanon, Ground Floor, Aramouni Building, Property Number 1731, Fleuve Street, Mar Mekhael Sector, Beirut, Lebanon; and
Serpico Offshore Sarl, Ground Floor, Aramouni Building, Property Number 1731, Fleuve Street, Mar Mekhael Sector, Beirut, Lebanon.
Pursuant to 15 CFR 744.11(b)(2) and 15 CFR 744.11(b)(5), the persons are being added to the Entity List based on evidence that they have engaged in actions that could enhance the military capability of Iran, a country designated by the U.S. Secretary of State as having repeatedly provided support for acts of international terrorism. These persons are also added because their overall conduct poses a risk of ongoing EAR violations. The six companies are added based on evidence that they purchased electronic components from U.S. firms and then resold the components to companies in Iran without the required U.S. export license. The same components were later found in Iraq in unexploded improvised explosive devices.
3. UK ECO Amends OGEL (International Non-Proliferation Regime Decontrols: Dual-Use Items)
The U.K. Government’s Export Control Organisation (UK ECO) has amended the Open General Export Licence (International Non-Proliferation Regime Decontrols: Dual-Use Items). This OGEL provides licensing coverage for those items that have been decontrolled by international regimes and for which EU legislation has not yet been updated. It makes reference to over 40 control list entries (or ‘ratings’). The specific amendments to the licence are as follows:
The amended license will enter into force on July 27, 2011. Click herefor further details.
4. DoD Seeks Public Comment on Definition of “Produced” in Context of Acquisition of Specialty Metals
(76 Fed. Reg. 44308) – The U.S. Department of Defense (DoD) is conducting a review of DFARS 225.7003, Restrictions on acquisition of specialty metals, to determine whether it complies with the requirements of 10 U.S.C. § 2533b, as required by section 823 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-383). Section 842 of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364) added new provisions at 10 U.S.C. 2533b to address requirements for the purchase of specialty metals from domestic sources. 10 U.S.C. 2533b restricts DoD's acquisition of end items containing specialty metals to those “melted or produced” in the United States unless the acquisition meets one of the exceptions in the law. The statute specifically included the phrase “melted or produced,” allowing that melting was not the only acceptable process for creation of domestic specialty metals. DoD is seeking public comments on the definition of “produced” in the course of its review. Public comments from industry and industry associations should provide sales and market share data regarding the proportion of specialty metals acquired for DoD major weapons systems. Interested persons have until Sept. 8, 2011, to submit their comments.
5. USITC Finds Earned Import Allowance Program Provides Too Few Incentives
The U.S. International Trade Commission (USITC) has issued Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic - Second Annual Report in which it finds that the Earned Import Allowance Program (EIAP) appears to provide insufficient incentive to increase production of woven cotton bottoms in the Dominican Republic. The EIAP allows apparel manufacturers in the Dominican Republic who use U.S. fabric to produce certain apparel to earn a credit that can be used to ship eligible apparel made with non-U.S.-produced fabric into the United States duty free. Click herefor highlights of the report.
6. GAO Reports, Testimony, and Correspondence of Interest
Emergency Preparedness: Agencies Need Coordinated Guidance on Incorporating Telework into Emergency and Continuity Planning. GAO-11-628, July 22. http://www.gao.gov/products/GAO-11-628 Highlights - http://www.gao.gov/highlights/d11628high.pdf
Information Sharing Environment: Better Road Map Needed to Guide Implementation and Investments. GAO-11-455, July 21. http://www.gao.gov/products/GAO-11-455 Highlights - http://www.gao.gov/highlights/d11455high.pdf
7. U.S. Government Trade Forms and Other Information Collections Open for Public Comment
(76 Fed. Reg. 44349) – Agency: U.S. Dept. of Homeland Security/U.S. Customs and Border Protection (CBP) – Title: Arrival/Departure Record, Nonimmigrant Visa Waiver Arrival/Departure, and Electronic System for Travel Authorization (ESTA) – Agency Form No.: CBP Form I-94 and CBP Form I-94W – Abstract: CBP Form I-94 (Arrival/Departure Record) and CBP Form I-94W (Nonimmigrant Visa Waiver Arrival/Departure) are used to document a traveler’s admission into the United States. These forms are filled out by aliens and are used to collect information on citizenship, residency, and contact information. The data elements collected on these forms enable the DHS to perform its mission related to the screening of alien visitors for potential risks to national security, and the determination of admissibility to the United States. The Electronic System for Travel Authorization (ESTA) applies to aliens traveling to the United States under the Visa Waiver Program (VWP) and requires that VWP travelers provide information electronically to CBP before embarking on travel to the United States. CBP proposes to revise this collection of information by adding a data field for “Country of Birth” to ESTA and to CBP Form I-94W. Type of Review: Revision – Deadline for Public Comment: This proposed information collection was previously published in the Federal Register (76 Fed. Reg. 28239) on May 16, 2011, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments.
(76 Fed. Reg. 44350) – Agency: U.S. Dept. of Homeland Security/U.S. Customs and Border Protection (CBP) – Title: Drawback Process Regulations – Agency Form No.: CBP Forms 7551, 7552, and 7553 – Abstract: The collections of information related to the drawback process are required to implement provisions of 19 CFR, Part 191, which provides for a refund of duty for certain merchandise that is imported into the United States and subsequently exported. If the requirements set forth in Part 191 are met, claimants may file for a refund of duties using CBP Form 7551, Drawback Entry. CBP Form 7552, Delivery Certificate for Purposes of Drawback, is used to record a transfer of merchandise from a company other than the importer of record and is also used each time a change to the imported merchandise occurs as a result of a manufacturing operation. CBP Form 7553, Notice of Intent to Export, Destroy or Return Merchandise for Purposes of Drawback, is used to notify CBP if an exportation, destruction, or return of the imported merchandise will take place. The information collected on these forms is authorized by 19 U.S.C. 1313(l). – Type of Review: Extension (without change) – Deadline for Public Comment: This proposed information collection was previously published in the Federal Register (76 Fed. Reg. 19120) on April 6, 2011, allowing for a 60-day comment period. One comment was received. This notice allows for an additional 30 days for public comments.
. Other Headlines8. Quandary for U.S. Companies: Whom to Bribe?
Washington Post.com, July 23 - American companies doing business abroad have a problem: They don’t know whom to bribe. Federal law prohibits the bribery of some people but not others. And the business world argues that the rules of the road are not clear. One guy’s bribe, as it turns out, is another guy’s cost of doing business.
9. Report Finds Vast Waste in U.S. War Contracts
Wall Street Journal.com, July 23 - The U.S. has wasted or misspent $34 billion contracting for services in Iraq and Afghanistan, according to a draft report by a bipartisan congressional panel, the most comprehensive effort so far to tally the overall cost of a decade of battlefield contracting in America's two big wars. The three-year investigation comes from the Commission on Wartime Contracting in Iraq and Afghanistan, which was established by Congress in 2008. Its final report, expected to be sent to Capitol Hill in the next few weeks, lays out in detail the failure of federal agencies to properly manage and oversee grants and contracts set to exceed a total of $206 billion by the end of the fiscal year on Sept. 30.
10. China And Iran Plan Oil Barter System
Financial Times.com, July 24 - Tehran and Beijing are in talks about using a barter system to exchange Iranian oil for Chinese goods and services, as US financial sanctions have blocked China from paying at least $20bn for oil imports.
The US sanctions against Iran, which make it extremely difficult to conduct dollar-denominated business, mean that China could owe the oil-rich nation as much as $30bn, according to people familiar with the problem. They said the unpaid oil bills had built up over the past two years and the governments, which are in early-stage talks, were looking at how to “offset” the debt.
11. DoD Approves U.S. Army's GCV Plan
DefenseNews.com, July 22 - Pentagon officials approved the U.S. Army's plan to field a $1.35 billion fleet of armored vehicles called the Ground Combat Vehicle following a July 21 Defense Acquisition Board review. Army officials will proceed with the GCV program's technology development phase of the vehicle designed to replace the Bradley infantry fighting vehicle. Ashton Carter, the Defense Department acquisition chief, approved the Army's plan despite questions from inside and outside the service about the need for the armored vehicle and its affordability.
12. United Technologies Studies Sale of Rocket Assets
Wall Street Journal.com, July 25 - United Technologies Corp. is considering a partial sale or other strategic option for its rocket-engine business, highlighting increased fragility of the U.S. space industrial base. Jim Maser, head of the company's Rocketdyne unit, said potential asset sales are under review as part of a broad internal assessment of the unit's competitive stance. No formal talks are under way with prospective bidders, and Rocketdyne, which is part of the Pratt & Whitney operations of United Technologies, also is mulling potential acquisitions or joint ventures.
Upcoming Export Control and Other Trade Compliance ConferencesJuly 19 to Sept. 20 -California Center for International Trade Development hosted at El Camino College – Summer 2011 U.S. Customs Broker Exam Prep Course – Hawthorne, California – El Camino College – Click herefor more information.
NEW- July 26, Aug. 2, and Aug. 9 – Advanced SAP Authorization for Export Compliance: A 3-Part Webinar from SAP and NextLabs – 1:00 p.m. – 2:00 p.m. EDT –Click herefor more information.
July 27 – U.S. Dept. of Commerce/U.S. Commercial Service – Spring 2011 Free Webinars on the Basics of Exporting – How to Find Valuable Stuff on Export.gov - 2:00 p.m. to 3:00 p.m. - Click herefor more information and to register.
July 27-28 – U.S. Dept. of Commerce/U.S. Census Bureau – Automated Export System (AES) Compliance Seminar and AESPcLink Training – Laredo, Texas – Embassy Suites Hotel –Click herefor more information.
Aug. 2-3 - U.S. Dept. of Commerce/U.S. Census Bureau – Automated Export System (AES) Compliance Seminar and AESPcLink Training – Baltimore, MD – Martin’s West – Click herefor more information.
Aug. 10 – U.S. Dept. of Commerce/U.S. Commercial Service – Spring 2011 Free Webinars on the Basics of Exporting – Resources You Should Know - 2:00 p.m. to 3:00 p.m. - Click herefor more information and to register.
Aug. 10-11 - U.S. Dept. of Commerce/Bureau of Industry and Security – Complying with U.S. Export Controls – Los Angeles – Sheraton Gateway Hotel Los Angeles –Click herefor more information.
Sept. 6-7 - U.S. Dept. of Commerce/U.S. Census Bureau – Automated Export System (AES) Compliance Seminar and AESPcLink Training – San Diego, California – Manchester Grand Hotel – Click herefor more information.
Sept. 7 – IDEEA, Inc. – ComDef2011 – National Press Club – Washington, DC –Click herefor more information.
Sept. 7-8 – Arizona District Export Council & U.S. Commercial Service – The Arizona Export Compliance Summit – Scottsdale, AZ – Scottsdale Resort & Conference Center – Click here for more information.
Sept. 12-13 – Export-Import Bank of the United States – Trade Finance Solutions for Exporters and Lenders – Washington, DC – Ex-Im Bank Headquarters –Click herefor more information.
Sept. 13-14 - U.S. Dept. of Commerce/Bureau of Industry and Security – Complying with U.S. Export Controls – Smithfield, Rhode Island – Bryant University -Click herefor more information.
Sept. 19-20 – C5 Group – Global Investigations – London – Grange St. Paul’s Hotel –Click herefor more information.
Sept. 20 - Export-Import Bank of the United States – Webinar – Financial Support to Increase Your Export Sales (Overview) – 2:00 to 2:45 p.m. EDT –Click herefor more information and to register.
Sept. 20-21 – American Conference Institute – Advanced China Summit on Mergers & Acquisitions – Shanghai – Le Royal Meridien Hotel – Click herefor more information.
Sept. 21-22 - U.S. Dept. of Commerce/Bureau of Industry and Security – How to Develop an Export Management and Compliance Program – Santa Clara, CA – Hilton Santa Clara Hotel – Click herefor more information.
Sept. 21-22 – C5 Group - Anti-Corruption Forum – Sub-Saharan African Edition – Cape Town, South Africa – Radisson Blu Hotel Waterfront –Click herefor more information.
Sept. 26-27 – American Conference Institute – 13th FCPA Boot Camp – San Francisco, CA – Sheraton Fisherman’s Wharf –Click herefor more information.
Sept. 26-27 – American Conference Institute – 6th National Forum on International Technology Transfers & Deemed Export Compliance – Washington, DC – Westin Washington, DC City Center Hotel –Click herefor more information.
Sept. 27-28 – C5 Group – European Export Controls – Munich – Maritim Hotel Munich –Click herefor more information.
Sept. 29-30 – C5 Group – Advanced Corporate Fraud Detection and Investigation in Russia and CIS – Moscow - Hilton Leningradskaya Hotel –Click herefor more information.
Oct. 3-4 – SMI Group – Defence Exports 2011 – Vienna, Austria – Austria Trend Hotel Savoyen -Click herefor more information. See also Oct. 5 Post-Conference Workshop: U.S. Export Control Reform Initiative: Where Are We Now? – Gary Stanley, Editor of Defense and Export-Import Update, will deliver a presentation at the conference entitled “From Screening Dual Nationals to Just About Everyone: The Brave New World of ITAR 126.18” and will moderate the annual Panel Discussion featuring senior U.S. Government and industry representatives, including DDTC Managing Director Bob Kovac, Ass’t. Secretary of Commerce for Export Administration Kevin Wolf, and Acting DoD/DTSA Director James Hursch.
Oct. 12-13 - U.S. Dept. of Commerce/U.S. Census Bureau – Automated Export System (AES) Compliance Seminar and AESPcLink Training – Dallas, Texas – Las Colinas Country Club - Click herefor more information.
Oct. 17-18 – American Conference Institute – 2nd India Summit on Anti-Corruption – Mumbai – Vivanta by Taj – President Hotel – Click herefor more information.
Oct. 18-19 – American Conference Institute – 2nd Singapore Summit on Export Compliance – Singapore – Hotel TBD –Click herefor more information.
Oct. 18-19 – American Conference Institute – Managing Complex ITC Litigation – San Francisco, California – Sheraton Fisherman’s Wharf Hotel –Click herefor more information.
Oct. 19-20 – C5 Group - 4th Paris Edition on Anti-Corruption – Paris – Crowne Plaza Paris-Republique –Click herefor more information.
Oct. 24-25 – American Conference Institute – 3rd International Forum on China Trade Compliance – San Francisco – Hilton San Francisco Airport Bayfront Hotel –Click herefor more information.
Oct. 25 – Export-Import Bank of the United States – Webinar – Access Capital to Fulfill Your Export Orders – 2:00 to 2:45 p.m. EDT –Click herefor more information and to register.
Oct. 26-27 – American Conference Institute – ITAR Boot Camp – Chicago – Doubletree Hotel Chicago Magnificent Mile –Click herefor more information.
Nov. 7–11 - Society for International Affairs - 2011 Fall Conference - Washington, DC – Hotel TBD - Click herefor more information.
Nov. 8-9 – American Conference Institute – 26th National Conference on Foreign Corrupt Practices Act – Washington, DC – Gaylord National Resort & Conference Center – Click herefor more information.
Nov. 8-9 – C5 Group – Advanced Forum on Customs Compliance – London – Hotel TDB –Click here for more information.
Nov. 9-10 - Southwest Research Institute- Fourth National Conference on Export & Licensing Requirements for Space-Based Programs -Washington, DC- Fairmont Hotel – Click herefor more information.
Nov. 14-15 – Export-Import Bank of the United States – Trade Finance Solutions for Exporters and Lenders – Washington, DC – Ex-Im Bank Headquarters –Click herefor more information.
Nov. 29-30 – C5 Group – 2nd Advanced China Forum on Import Compliance – Shanghai – Hotel TBD –Click herefor more information.
Nov. 30-Dec. 1 – American Conference Institute – 2nd Advanced Summit on Complying with Nuclear Exports – Washington, DC – Hotel TBD –Click herefor more information.
NEW- Dec. 7 – C5 Group – European Forum on India Defense Procurement – Berlin – Hotel TBD –Click here for more information.
Jan. 17 to March 20 -California Center for International Trade Development hosted at El Camino College – Summer 2011 U.S. Customs Broker Exam Prep Course – Hawthorne, California – El Camino College – Click herefor more information.
Feb. 8-9 – American Conference Institute – 2nd Annual Brazil Summit on Anti-Corruption – Sao Paulo – Hotel TBD – Click herefor more information.
Feb. 1-2 – SMI Group – Defence Exports Asia 2012 – Singapore – Grand Copthorne Waterfront Hotel –Click herefor more information. Gary Stanley, Editor of Defense and Export-Import Update, will deliver a presentation at the conference entitled “From Screening Dual Nationals to Just About Everyone: The Brave New World of ITAR 126.18” and will moderate the annual Panel Discussion featuring senior U.S. Government and industry representatives, including DDTC Managing Director Bob Kovac, Ass’t. Secretary of Commerce for Export Administration Kevin Wolf, and Acting DoD/DTSA Director James Hursch. He will also conduct a half-day post-conference workshop entitled: IT Challenges in Export Control Compliance.
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