A daily Newsletter from Gary Stanley, Global Legal Services, PC.

Defense and Export-Import Update (May 10, 2012)
 

Upcoming Export Control and Other Trade Compliance Conferences

Today's Items

1.
President Obama Continues National Emergency with respect to Actions of the Syrian Government
(77 Fed. Reg. 27559) - In accordance with section 202(d) of the National Emergencies Act, 50 U.S.C. 1622(d), President Obama is continuing for 1 year the national emergency declared with respect to the actions of the Government of Syria.
2.
FAR Amended to Implement U.S.-Colombia Trade Promotion Agreement
(77 Fed. Reg. 27548) - The U.S. Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) are issuing an interim rule amending Part 25 and the corresponding provisions and clauses in Part 52 of the Federal Acquisition Regulation (FAR) to implement the U.S.-Colombia Trade Promotion Agreement (Pub. L. 112-42) (19 U.S.C. 3805 note). This interim rule adds Colombia to the definition of “Free Trade Agreement country” in multiple locations in the FAR. The Colombia FTA covers acquisition of supplies and services equal to or exceeding $77,494. The threshold for the Colombia FTA is $7,777,000 for construction. The excluded services for the Colombia FTA are the same as for the Bahrain FTA, Dominican Republic—Central American FTA, Chile FTA, NAFTA, Oman FTA, and Peru FTA. Because the Colombia FTA construction threshold of $7,777,000 is the same as the WTO GPA threshold, no new clause alternates are required for the Buy American Act— 4 Construction Materials under Trade Agreements provision and clause (FAR 52.225-11 and 52.225-12) or the Recovery Act FAR clauses at 52.225-23 and 52.225-24.
3.
Canadian Government Issues General Export Permit Nos. 43 and 44 for Certain Nuclear and Nuclear-related Dual-use Goods and Technology to Certain Destinations
On May 3, 2012, the Government of Canada concluded the regulatory process issuing General Export Permit No. 43 – Nuclear Goods and Technology to Certain Destinations (GEP 43) and General Export Permit No. 44 - Nuclear-related Dual-use Goods and Technology to Certain Destinations (GEP 44) and cancelling General Export Permit No. 27 – Nuclear-Related Dual-Use Goods. As a result of the introduction of these new regulations, exporters will no longer be required to obtain an individual export permit from Foreign Affairs and International Trade Canada, when exporting eligible goods and technology to eligible destinations, as identified in GEP 43 and GEP 44, when accompanied by a valid export licence from the Canadian Nuclear Safety Commission. The order will be published in the May 23, 2012 edition of the Canada Gazette, Part II. Click here for further details in Notice to Exporters 181.
4.
U.S. Customs and Border Protection Daily Digest Bulletin and CSMS Notices
2012-2016 Border Patrol Strategic Plan

DIS Implementation Guide

Other Headlines

5.
Space-Taxi Race Gets a New Player
Wall Street Journal.com, May 9 - A team led by Alliant Techsystems Inc. on Wednesday revved up the race to develop commercial spacecraft, proposing a new space-taxi project it contends could blast U.S. astronauts into orbit two years earlier than competing plans. The Alliant Techsystems-led project, dubbed Liberty, takes advantage of existing technology, including an entire capsule devised several years ago. The team, which includes Lockheed Martin Corp. and European Aeronautic Defence & Space Co., announced the project at an industry conference here.
6.
What Price Freedom? LCS-1 Leaves Dry Dock Amid Questions About Worthiness
AviationWeek.com, May 9 - he Littoral Combat Ship (LCS-1) USS Freedom is plagued by extensive corrosion and manufacturing issues more recent and serious than anything the Pentagon or prime contractor Lockheed Martin has publicly acknowledged thus far. This is based on a guided tour of the ship in dry dock, as well as sources intimately familiar with Freedom’s design, repairs and operations, U.S. Navy documents and defense analysts. The vessel is rusting and blistered by corrosion in many areas, marred by crack repairs throughout the deckhouse and hampered by what appear to be flaws in vital piping systems.
7.
2018 Mars Rover Unlikely in Restructured Program
AviationWeek.com, May 9 - NASA probably will not be able to afford to send a rover to Mars in 2018 with its current budget allocation, and may have to settle for a less capable mission or wait until 2020 to send a rover under its scaled-back plan to explore the red planet. Orlando Figueroa — a retired NASA executive tapped to head a panel drafting options for the agency as it devises a go-it-alone Mars program — told planetary scientists on the NASA Advisory Council (NAC) Tuesday that the $700-$800 million that will be available for robotic Mars exploration by 2018 under NASA ’s fiscal 2013 budget request will not support a rover. “A stationary lander may be possible in 2018,” Figueroa says. “A mobile lander, a lander, doesn’t fit the budget we have available, so we need to jump one opportunity to generate enough funds to be able to do it.”
8.
UK Opts for F-35 Jump-Jet Version
Financial Times.com, May 9 - The UK government will on Thursday reverse plans regarding the fast jets that it is buying for future aircraft carriers, abandoning the conventional take-off version of the F-35 and instead purchase a version with vertical take-off and landing. Philip Hammond, defence secretary, will say the government has taken the decision to avoid a billion pound over-run in the cost of creating a future carrier capability. But the decision is a blow to the prospects for future defence co-operation between the UK and France.

   Upcoming Export Control and Other Trade Compliance Conferences

   May 10 - U.S. Dept. of Homeland Security/U.S. Customs and Border Protection - 2012 West Coast Trade Symposium - Long Beach, CA - Long Beach Convention Center - Click here for more information.
May 14 - IDEEA, Inc. - Future of Border Acuity Workshop - Washington, DC - House of Sweden, 2900 K Street, N.W. - Click here for more information.
MAY 14 - American Bar Association/Export Controls and Economic Sanctions Committee - Brown Bag Lunch with Assistant Secretary of Export Administration Kevin Wolf - Are We Over-Thinking Y0521? Come Hear What the Emerging Technologies Rule is All About - Washington, DC - Law Offices of Arent Fox LLP - Click here for more information.
May 15-16 - C-5 Group - 6th Forum on Economic Sanctions - London - Le Méridien Piccadilly Hotel - Click here for more information.
May 18 - Society for International Affairs - Spring Golf Outing - Upper Marlboro, MD - Lake Presidential, 3151 Presidential Drive - Click here for more information.
May 21 - Australian Dept. of Defense - Export Control Awareness Training - Sydney - MLC Centre, Martin Place - Click here for more information.
May 22 - American Conference Institute - IT Management of Export Controls - Washington, DC - Washington Marriott - Click here for more information.
May 23 - U.S. Dept. of Commerce/U.S. Commercial Service & East Michigan District Export Council - Incoterms 2010: The ICC Rules Explained - Detroit - Detroit/Wayne County Port Authority - Click here for more information.
May 23 - U.K. Government/Export Control Organisation - Export Control - Beginners Workshop - Southhampton - De Vere Grand Harbour Hotel - Click here for more information.
May 23-24 - American Conference Institute - 15th National Forum on Global Export Controls Compliance – Washington, DC – Washington Marriott - Click here for more information.
May 23-24 - C-5 Group - 7th Annual Advanced Forum on Global Customs Compliance - Brussels, Belgium - Hotel Marivaux - Click here for more information.
May 24 - U.K. Government/Export Control Organisation - Export Control - Intermediate Workshop - Southhampton - De Vere Grand Harbour Hotel - Click here for more information.
May 24 - Australian Dept. of Defense - Export Control Awareness Training - Melbourne - St. Kilda Road Parkview Hotel - Click here for more information.
May 29 - SMi Group - Critical Success Factors in the Development of an Offset Programme - Singapore - Grand Copthorne Waterfront Hotel - Click here for more information.
May 30-31 - American Conference Institute - Brazil Summit on Customs & Import Compliance - São Paulo - Tivoli São Paulo - Mofarrej Hotel - Click here for more information.
May 31- U.K. Government/Export Control Organisation - Export Control - Control List Classification and Using the Checker Tools: Dual-Use Goods - London - 1 Victoria Street - Click here for more information.
June 1 - U.K. Government/Export Control Organisation - Export Control - Marking Better License Applications - London - 1 Victoria Street - Click here for more information.
June 5-6 - U.S. Dept. of Commerce/U.S. Census Bureau - Automated Export System Compliance Seminar and AESPcLink Training - Glen Ellyn, Illinois - College of DuPage - Click here for more information.
June 5-6 - American Conference Institute - 5th China Summit on Anti-Corruption : Overview 5th China Summit on Anti-Corruption - Shanghai - Inter-Continental Shanghai Pudong Hotel - Click here for more information.
June 10-12 - International Compliance Professionals Association (ICPA) - 3rd Annual EU Conference - Barcelona, Spain - World Trade Center - Click here for more information.
June 14-15 - U.S. Dept. of Commerce/Bureau of Industry and Security and The Trade Development Alliance of Greater Seattle - Complying with U.S. Export Controls - Seattle, Washington - Holiday Inn SeaTac International Airport - Click here for more information.
June 18 - Australian Dept. of Defense - Export Control Awareness Training - Brisbane - Hotel Grand Chancellor Brisbane - Click here for more information.
June 19-20 - C-5 Group - C5's Anti-Corruption Forum — West Africa Edition - Accra, Ghana - Mövenpick Ambassador Hotel - Click here for more information.
June 19-20 - U.S. Dept. of Commerce/U.S. Census Bureau - Automated Export System Compliance Seminar and AESPcLink Training - Philadelphia, Pennsylvania - Temple University - Click here for more information.
June 20-21 - American Conference Institute - 7th National Forum on Import Compliance and Enforcement - Washington, DC - Double Tree by Hilton - Click here for more information.
June 20-21 - NielsonSmith - ITAR Compliance in Europe 2012 - Munich - Hotel TBD - Click here for more information.
June 26-27 - American Conference Institute - 14th FCPA Boot Camp : Overview 14th FCPA Boot Camp - Chicago, Illinois - Intercontinental Chicago Magnificent Mile Hotel - Click here for more information.
June 26-27 - C5 Group - 6th London Edition - Anti-Corruption London - London, UK - The Bloomsbury Hotel - Click here for more information.
July 10 - U.K. Government/Export Control Organisation - Export Control - Beginners Workshop - Leeds - Double Tree by Hilton Hotel - Click here for more information.
July 11 - U.K. Government/Export Control Organisation - Export Control - Intermediate Workshop - Leeds - Double Tree by Hilton Hotel - Click here for more information.
July 12 - U.K. Government/Export Control Organisation - Export Control - Control List Classification and Using the Checker Tools: Dual-Use Goods - London - 1 Victoria Street - Click here for more information.
July 13- U.K. Government/Export Control Organisation - Export Control - Marking Better License Applications - London - 1 Victoria Street - Click here for more information.
July 16-17 - American Conference Institute - 3rd Global Forum on Anti-Corruption Compliance in High Risk Markets - Washington, DC - Westin Gateway Hotel - Click here for more information.
July 23-25 - Society for International Affairs - Summer Back to Basics Conference - Arlington, VA - Crystal Gateway Marriott Hotel - Click here for more information.
July 24-25 - American Conference Institute - DCAA Audits Boot Camp - San Diego, California - Hotel TBD - Click here for more information.
July 24-25 - American Conference institute - 7th Advanced Forum on ITAR Compliance - Washington, DC - Fairmont Washington Hotel - Click here for more information.
July 24-25 - American Conference Institute - Advanced China Tax Summit - Shanghai - Hotel TBD - Click here for more information.
Aug. 27 - U.K. Government/Export Control Organisation - Export Control - Beginners Workshop - Glasgow - Hilton Hotel - Click here for more information.
Aug. 28 - U.K. Government/Export Control Organisation - Export Control - Beginners Workshop - Glasgow - Hilton Hotel - Click here for more information.
Aug. 29 - U.K. Government/Export Control Organisation - Export Control - Beginners Workshop - Aberdeen - Aberdeen Marriott Hotel - Click here for more information.
Aug. 30 - U.K. Government/Export Control Organisation - Export Control - Marking Better License Applications - Aberdeen - Aberdeen Marriott Hotel - Click here for more information.
Sept. 4 - U.K. Government/Export Control Organisation - Export Control - Beginners Workshop - Birmingham - Hilton Garden Hotel, Brindley Place - Click here for more information.
Sept. 5 - U.K. Government/Export Control Organisation - Export Control - Intermediate Workshop - Birmingham - Hilton Garden Hotel, Brindley Place - Click here for more information.
Sept. 6 - U.K. Government/Export Control Organisation - Export Control - Control List Classification and Using the Checker Tools: Dual-Use Goods - London - 1 Victoria Street - Click here for more information.
Sept. 7 - U.K. Government/Export Control Organisation - Export Control - Marking Better License Applications - London - 1 Victoria Street - Click here for more information.
Sept. 11-12 - U.S. Dept. of Commerce/U.S. Census Bureau - Automated Export System Compliance Seminar and AESPcLink Training - New Orleans, Louisiana - Hilton New Orleans Riverside - Click here for more information.
Sept. 12-14 - MarcusEvans - 4th Practical Ensuring Compliance and Fighting Fraud in Russia and CIS - Moscow, Russia - Click here for more information.
Sept. 18-19 - C-5 Group - 2nd Forum on Anti-Corruption Southern Africa - Cape Town, South Africa - Hotel TBD - Click here for more information.
Sept. 19-20 - C-5 Group - European Export Controls - Amsterdam - Hotel TBD - Click here for more information.
Sept. 26-27 - C-5 Group - 2nd Forum on Customs Compliance in Russia & CIS - Moscow - Hotel TBD - Click here for more information.
Oct. 1-2 - SMi Group - Defence Exports 2012 - Amsterdam - Mövenpick Hotel Amsterdam City Centre Hotel - Click here for more information.
Nov. 8-9 - Society for International Affairs - 2012 Fall Conference - Arlington, VA - Crystal Gateway Marriott Hotel - Click here for more information.

About Gary Stanley

Bio: 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: Gary L. Stanley President Global Legal Services, PC 5335 Wisconsin Avenue, N.W. Suite 440 Washington, D.C. 20015 Tel. +1 (202) 686-4854 Fax +1 (202) 686-2624 Mobile +1 (202) 352-3059 E-mail gstanley@glstrade.com