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The Daily Bugle Weekly Highlights: Week 11 (9-13 March 2020)

Every Monday we post the highlights out of last week’s FCC Export/Import Daily Update (“The Daily Bugle”). Send out every business day to approximately 7,500 readers of changes to defense and high-tech trade laws and regulations, The Daily Bugle is a free daily newsletter from Full Circle Compliance, edited by James E. Bartlett III, Alexander Witt, Salvatore Di Misa, and Elina Tsapouri.

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. EU Commission Corrects Dual-Use Regulation, The Daily Bugle; Monday, 09 March 2020; Item #6.
  2. Treasury/OFAC Removes Terrorism Sanctions Regulations, 31 CFR part 595, from the CFR; The Daily Bugle; Tuesday, 10 March 2020; Item #7.
  3. Justice/ATF Requests Comments on Application for Registration of Firearms Acquired by Certain Governmental Entities; The Daily Bugle, Tuesday, 10 March 2020; Item #1.
  4. Commerce/BIS Extends Temporary General License to Huawei; The Daily Bugle, Friday, 12 March; Item #1.
  5. Treasury/OFAC Issues Amended Venezuela-related General Licenses and Amends FAQ; The Daily Bugle; Friday, 13 March 2020; Item #5.

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1. EU Commission Corrects Dual-Use Regulation

(Source: Official Journal of the European Union, 9 Mar 2020)

The European Commission published a Corrigendum to Commission Delegated Regulation (EU) 2019/2199 of 17 October 2019 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.

On page 163, points 6A002.b to 6A002.f are replaced with the following:

“(b). “Monospectral imaging sensors” and “multispectral imaging sensors”, designed for remote sensing applications and having any of the following:

(1) An Instantaneous-Field-Of-View (IFOV) of less than 200 μrad (microradians); or

(2) Specified for operation in the wavelength range exceeding 400 nm but not exceeding 30 000 nm and having all the following;

(a) Providing output imaging data in digital format; and

(b)Having any of the following characteristics:

(1) “Space-qualified”; or

(2) Designed for airborne operation, using other than silicon detectors, and having an IFOV of less than 2,5 mrad (milliradians);

Note: 6A002.b.1. does not control “monospectral imaging sensors” with a peak response in the wavelength range exceeding 300 nm but not exceeding 900 nm and only incorporating any of the following non–”space-qualified” detectors or non–”space-qualified” “focal plane arrays”:

(a) Charge Coupled Devices (CCD) not designed or modified to achieve ‘charge multiplication’; or

(b) Complementary Metal Oxide Semiconductor (CMOS) devices not designed or modified to achieve ‘charge

multiplication’.

(c) ‘Direct view’ imaging equipment incorporating any of the following:

(1) Image intensifier tubes specified in 6A002.a.2.a. or 6A002.a.2.b.;

(2)”Focal plane arrays” specified in 6A002.a.3.; or

(3) Solid state detectors specified in 6A002.a.1.;

Technical Note:

‘Direct view’ refers to imaging equipment that presents a visual image to a human observer without converting the image into an electronic signal for television display, and that cannot record or store the image  photographically, electronically or by any other means.

Note: 6A002.c. does not control equipment as follows, when incorporating other than GaAs or GaInAs photocathodes:

(a) Industrial or civilian intrusion alarm, traffic or industrial movement control or counting systems;

(b) Medical equipment;

(c) Industrial equipment used for inspection, sorting or analysis of the properties of materials;

(d) Flame detectors for industrial furnaces;

(e) Equipment specially designed for laboratory use.

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2. Treasury/OFAC Removes Terrorism Sanctions Regulations, 31 CFR part 595, from the CFR

(Source: Treasury/OFAC , 9 Mar 2020)

The Office of Foreign Assets Control (OFAC) is issuing a final rule to remove the Terrorism Sanctions Regulations, 31 CFR part 595, from the Code of Federal Regulations. OFAC is taking this action because the national emergency on which part 595 was based was terminated by the President on September 9, 2019. The rule is currently available for public inspection with the Federal Register and will take effect upon publication in the Federal Register on March 10, 2020.

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3. Justice/ATF Requests Comments on Application for Registration of Firearms Acquired by Certain Governmental Entities

(Source: Federal Register, 10 Mar 2020) [Excerpts]

85 FR 13924: Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension Without Change of a Currently Approved Collection; Application for Registration of Firearms Acquired by Certain Governmental Entities—ATF F 10 (5320.10)

* AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.

* ACTION: 60-Day notice.

* SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES: Comments are encouraged and will be accepted for 60 days until May 11, 2020.

* FOR FURTHER INFORMATION CONTACT: …

* SUPPLEMENTARY INFORMATION: …

 – Abstract: State and local government agencies will use the Application for Registration of Firearms Acquired by Certain Governmental Entities—ATF Form 10 (5320.10) to register an otherwise unregisterable National Firearms Act (NFA). The NFA requires the registration of certain firearms under Federal Law. The Form 10 registration allows State and local agencies to comply with the NFA, and retain and use firearms that would otherwise have to be destroyed. …

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4. Commerce/BIS Extends Temporary General License to Huawei

(Source: Federal Register, 12 Mar 2020) [Excerpts]

85 FR 14416-14417: Temporary General License: Extension of Validity

* AGENCY: Bureau of Industry and Security, Commerce.

* ACTION: Final rule.

* SUMMARY:  The U.S. Government has decided to extend through May 15, 2020, the temporary general license to Huawei Technologies Co., Ltd. (Huawei) and one hundred and fourteen of its non-U.S. affiliates on the Entity List. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of April 1, 2020, and substitutes the date of May 15, 2020. In this same issue, BIS is publishing a notification of inquiry titled, Request for Comments on Future Extensions of Temporary General License (TGL), requesting comments on future extensions of a temporary general license under the Export Administration Regulations (EAR).

* FOR FURTHER INFORMATION CONTACT: …

* SUPPLEMENTARY INFORMATION: …

DATES: This rule is effective March 10, 2020, through May 15, 2020. Theexpiration date of the final rule published on February 18, 2020 (85 FR 8722), is extended until May 15, 2020. …

Extension of Validity

At this time, the U.S. Government has decided to extend the temporary general license until May 15, 2020. In order to implement this U.S. Government decision, this final rule revises the temporary general license to remove the date of April 1, 2020 and substitutes the date of May 15, 2020 in three places in Supplement No. 7 to part 744: The introductory text; paragraph (b)(1); and paragraph (c). …

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5. Treasury/OFAC Issues Amended Venezuela-related General Licenses and Amends Frequently Asked Questions

(Source: Treasury/OFAC, 12 Mar 2020) [Excerpts]

The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is issuing three amended Venezuela-related General Licenses: General License 15C “Authorizing Transactions Involving Certain Banks for Certain Entities,” General License 16C “Authorizing Maintenance of U.S. Person Accounts and Noncommercial, Personal Remittances involving Certain Banks” and General License 36A  “Authorizing Certain Activities Necessary to the Wind Down of Transactions Involving Rosneft Trading S.A. or TNK Trading International S.A.” In conjunction with General License 36A, OFAC is also publishing two amended Venezuela-related Frequently Asked Questions – FAQ 817 and FAQ 818. …

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