Daily Bugle Weekly Highlights Week 49 (3-10 Dec 2018)

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. Commerce/BIS Revises Export Basics Brochures, Publishes New Videos in Online Training Room; The Daily Bugle; Monday, 3 Dec 2018, Item #2;
  2. UK/HMRC Posts Guidance on Exporting and Importing Goods If the UK Leaves the EU with No Deal; The Daily Bugle; Tuesday, 4 Dec 2018, Item #6;
  3. DoD, GSA, NASA Request Comments Concerning Use of Products and Services of Kaspersky Lab; The Daily Bugle; Friday, 7 Dec 2018, Item #2;
  4. Justice: “Lebanese Businessman Tied by Treasury Department to Hezbollah Pleads Guilty to Money Laundering Conspiracy in Furtherance of Violations of U.S. Sanctions”; The Daily Bugle; Friday, 7 Dec 2018, Item #6.
  5. EU Commission Launches 2018 Export Control Forum Event Page; The Daily Bugle; Friday, 7 Dec 2018, Item #8.

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Commerce/BIS Revises Export Basics Brochures, Publishes New Videos in Online Training Room

(Source: Commerce/BIS, 3 Dec 2018.)  

The Commerce Department’s Bureau of Industry and Security (BIS) has revised the below brochures that are designed to give people who are new to exporting, and, in particular, new to export controls, a general understanding of Department of Commerce regulations and how to use them:

  – Introduction to Commerce Department Export Controls

  – How to Determine an Export Control Classification Number (ECCN)

  – Frequently Asked Questions to Export Licensing Requirements

In addition, BIS has posted five new short videos in its Online Training Room:

  – Export Controls: A Quick Start Guide

  – Export Controls: Classifying Your Item

  – SNAP-R: How to Set Up an Account

  – SNAP-R: Classification Requests

  – SNAP-R: License Applications

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DoD/DSCA Policy Memoranda of Interest 

(Source: DoD/DSCA, 3 Dec 2018.)

  – DSCA Policy Memo 18-59 Assignment of Program Code “QF” to track Fiscal Year (FY) 2019/2020 DSCA Operation and Maintenance (O&M) Funds provided for the Indo-Pacific Maritime Security Initiative has been posted.

  This memo revises Table C4.T2B. – Security Cooperation (SC) Customer and Regional Codes and FMS Eligibility (DSCA/DFAS Reserved) and C15.T2. – Indo-Pacific Maritime Security Initiative (MSI)to assign program code “QF” to track FY 2019 O&M funds provided to conduct or support programs under the Indo-Pacific Maritime Security Initiative (MSI) (formerly the “Southeast Asia Maritime Security Initiative”).

  – DSCA Policy Memo 18-60 Assignment of Program Codes “QG” to Track Fiscal Year (FY) 2019 Overseas Contingency Operations Funds Provided for the Ukraine Security Assistance Initiative (USAI)has been posted.

  This memo revises Table C4.T2B. – Security Cooperation (SC) Customer and Regional Codes and FMS Eligibility (DSCA/DFAS Reserved) and C15.T2. – Ukraine Security Assistance Initiative (USAI)to assign Program Code “QG” to track FY 2019 assistance, including training; equipment; lethal assistance; logistics support, supplies and services; sustainment; and intelligence support to the military and national security forces of Ukraine.

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UK/HMRC Posts Guidance on Exporting and Importing Goods If the UK Leaves the EU with No Deal

(Source: UK/HM Revenue & Customs, 4 Dec 2018.)

Overview

In the unlikely event that the UK exits the EU without a deal, from 11pm GMT on 29 March 2019, many UK businesses will need to apply the same processes to EU trade that apply when trading with the rest of the world.

However, if you only import or export goods with Ireland across the Northern Ireland–Ireland land border, you do not need to take any of the actions set out here. Instead, you can disregard it. We will write to you again with information about the arrangements for trading with Ireland as soon as we can.

Checklist of things you’ll need to do in preparation

Here is a list of things you’ll need to do in preparation that are covered in greater detail within this guide and accompanying guides:

– get an EORI number

– get software or an agent to make declarations

– check if you need a licence to import or export your goods

classify your goods

– apply the right customs procedure code

– if you use a UK roll on roll off location, for example, where a lorry or van travels through using a ferry or train, then you will need to declare your goods before they board the ferry or train

– when importing, make a safety and security declarationbefore the goods arrive in the UK

pay Customs Duty on goods

Before you import or export goods

You need an Economic Operator Registration and Identification (EORI).

Before you import or export any goods, check if they’re restricted goods.

You will always need a licenceto import or export:

– military and paramilitary goods

– dual-use and technology

– artworks

– plants and animals

– medicines and chemicals

Exporting goods

Find out the commodity code of your goods

Commodity codes classify your goodsso you that can fill in export declarations accurately.

Research the destinations you want to export to. This background information, along with the commodity code of the goods will help you work out if the goods will incur import duty in the destination country.

Choose the right customs procedure code for your goods

Customs procedure codesidentify the customs or excise processes that you may want to use depending on what your business does, for example importing goods into a customs-approved warehouse, so that you can suspend payment of duty and VAT until they’re sent to a UK customer from the warehouse.

Importing goods

Find out the commodity code of your goods

Commodity codes classify goods so you can:

– fill in declarations accurately

– check if there’s duty to pay

– find out about duty reliefs

Classifying your goods correctly means that you:

– pay the right amount of duty

– know if duty is suspended on any of your goods

– know if you can apply any preferential duty rates

– know if you need to get an import or export licence

If you’re unsure about how to classify your goods, check the product classification guidesor the Trade Tarifflists all commodity codes.

You can also email HMRC classification.enquiries@hmrc.gsi.gov.ukfor further advice.

Work out the value of your goods

You need to know the value of your goodsto work out the level of Customs Duty you apply.

Check whether any reliefs apply

Duty relief schemesallow you to pay less or no duty on imports and exports.

Check whether you can use any customs procedures

There are customs proceduresyou can use to suspend duty to HMRC. They help businesses to manage cash-flow.

More information

You can read more information on importing and exporting goods to and from the EU in the Partnership Pack.

Find out how to prepare if the UK leaves the EU with no deal.

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DoD, GSA, NASA Request Comments Concerning Use of Products and Services of Kaspersky Lab

(Source: Federal Register, 7 Dec 2018.) [Excerpts.] 

83 FR 63163-63164: Submission for OMB Review; Use of Products and Services of Kaspersky Lab

* AGENCY: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

* ACTION: Notice.

* SUMMARY: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of an existing OMB emergency clearance notice regarding the use of products and services of Kaspersky Labs.

* DATES: Submit comments on or before January 7, 2019.

* ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington, DC 20503. Additionally submit a copy to GSA by any of the following methods:

  – Regulations.govhttp://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for the OMB Control number 9000-0197. Select the link “Comment Now” that corresponds with “Information Collection 9000-0197; Use of Products and Services of Kaspersky Lab”. Follow the instructions on the screen. Please include your name, company name (if any), and “Information Collection 9000-0197; Use of Products and Services of Kaspersky Lab.

  – Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405-0001. ATTN: Ms. Mandell/IC 9000-0197; Use of Products and Services of Kaspersky Lab.

  – Instructions: Please submit comments only and cite Information Collection 9000-0197; Use of Products and Services of Kaspersky Lab, in all correspondence related to this collection. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two-to-three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

* FOR FURTHER INFORMATION CONTACT: Ms. Camara Francis, Procurement Analyst, at telephone 202-550-0935, or email camara.francis@gsa.gov.

* SUPPLEMENTARY INFORMATION: … This information collection requirement supports implementation of Section 1634 of Division A of the National Defense Authorization Act 

(NDAA) for Fiscal Year 2018 (Pub. L. 115-91). This section of the NDAA prohibits Government use of any hardware, software, or services developed or provided, in whole or in part, by Kaspersky Lab or its related entities. This requirement is implemented in the Federal Acquisition Regulation (FAR) through the clause at FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

  This clearance covers the information contractors must submit to comply with the requirements of FAR 52.204-23, which requires contractors to report covered products identified during performance of a contract.

  DoD, GSA, and NASA request approval of this information collection in order to implement the law. The information will be used by agency personnel to identify and remove prohibited hardware, software, or services from Government use. … 

  A 60-day notice was published in the Federal Register at 83 FR 29116 on June 22, 2018. No comments were received.

  Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control No. 9000-0197, Use of Products and Services of Kaspersky Lab, in all correspondence.

  Dated: November 30, 2018.

Janet Fry, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy.

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Justice: “Lebanese Businessman Tied by Treasury Department to Hezbollah Pleads Guilty to Money Laundering Conspiracy in Furtherance of Violations of U.S. Sanctions”

(Source: Justice, 6 Dec 2018.) [Excerpts.] 

Kassim Tajideen, the operator of a network of businesses in Lebanon and Africa whom the U.S. Department of the Treasury designated as an important financial supporter to the Hezbollah terror organization, pleaded guilty today to charges associated with evading U.S. sanctions imposed on him. … 

Tajideen, 63, of Beirut, Lebanon, pleaded guilty before U.S. District Court Judge Reggie B. Walton in the U.S. District Court for the District of Columbia, to conspiracy to launder monetary instruments, in furtherance of violating the International Emergency Economic Powers Act (IEEPA).  Tajideen was designated by the U.S. Department of the Treasury as a Specially Designated Global Terrorist in May 2009 as a result of his provision of significant financial support to Hezbollah, which was named a Foreign Terrorist Organization by the U.S. Department of State.  This designation prohibited Tajideen from being involved in, or benefiting from transactions, involving U.S. persons or companies without a license from the Department of the Treasury. … 

According to the statement of facts signed by Tajideen in conjunction with his plea, after his designation, Tajideen conspired with at least five other persons to conduct over $50 million in transactions with U.S. businesses that violated these prohibitions.  In addition, Tajideen and his co-conspirators knowingly engaged in transactions outside of the United States, which involved transmissions of as much as $1 billion through the United States financial system from places outside the United States.

The plea, which is contingent upon the Court’s approval, calls for an agreed-upon sentence of 60 months in prison. The plea agreement also calls for Tajideen to pay $50 million as a criminal forfeiture in advance of his sentencing.  Tajideen has been detained since extradition to the United States in March 2017 after his arrest overseas.  Sentencing is scheduled to occur on Jan. 18, 2019. … 

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EU Commission Launches 2018 Export Control Forum Event Page

(Source: European Commission, 7 Dec 2018.)

The European Commission and the Austrian Presidency of the Council are inviting representatives from EU Member States and the European Parliament, industry and civil society to participate in the 2018 Export Control Forum.

The 2018 Export Control Forum will provide an opportunity to make a review of the export control system in EU and to exchange information about its ongoing implementation.

We will also review the state of play of the legislative process regarding the proposal for a modernization of EU export controls.

The 2018 Export Control Forum will be opened by representatives of the Commission, the Presidency and the European Parliament, and will convene selected panels of experts, to be followed by open dialogue with the stakeholders.

Practical information

  • Date: 13 December 2018
  • Time: 10:00 – 17:30. Registration will be open at 9:30.
  • Venue: Albert Borschette Conference Centre (CCAB) Room 0A. Rue Froissart 36, Brussels
  • Language: The conference will be held in English.
  • Travel/accommodations/lunch: Participants are responsible for their own travel and accommodation arrangements. Refreshments during the conference and a sandwich lunch will be provided.
  • Registration: At present we have reached the maximum number of participants. If you register now, you will be on the waiting list. You will be notified by a confirmation mail if a seat becomes available. A participation confirmation will be sent to the email address provided.
  • Agendaread or downloadthe agenda
  • Web streaming: The entire event will be web streamed.
  • Poster announcing the event
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