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The Daily Bugle Weekly Highlights: Week 12 (16-20 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 Commision Makes the Exportation of Certain Products Subject to Export Authorisations; The Daily Bugle; Monday, 16 March 2020; Item #4.
2. Commerce/BIS Requests Comments on Voluntary Self-Disclosure of Antiboycott Violations; The Daily Bugle; Thursday, 19 March 2020; Item #1.
3. Commerce/BIS Requests Comments on Voluntary Self-Disclosure of EAR Violations; The Daily Bugle, Thursday, 19 March 2020; Item #2.
4. Australia DoD Releases Military Sales Catalogue; The Daily Bugle, Thursday, 19 March; Item #6.
5. DHS/CBP: “Harmonized System Update 2003”; The Daily Bugle; Friday, 20 March 2020; Item # 4.

EU Commision Makes the Exportation of Certain Products Subject to the Production of an Export Authorisation

(Source: Official Journal of the European Union, 14 Mar 2020) [Excerpts]

Since the outbreak of the epidemiological crisis caused by the coronavirus SARS-CoV-2, the disease associated with
it, the COVID-19, has been spreading fast across the world, reaching also the Union’s territory. …

In this context, the need for personal protective equipment, as detailed in Annex 1, has already increased
significantly. Given its nature and the prevailing circumstances, such type of equipment is an essential product since
it is necessary to prevent the further spreading of the disease, and safeguard the health of medical staff treating
infected patients. …

In order to remedy and prevent a critical situation, it is in the Union interest that the Commission takes an
immediate action of a limited duration in order to ensure that exports of personal protective equipment are subject
to an authorisation in order to ensure adequacy of supply in the Union in order to meet the vital demand.

Exports of certain quantities of specific products may be authorised under specific circumstances such as to ensure
assistance provided to third countries, and depending on the needs of the Member States. The administrative
modalities for these temporary measures. …

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Commerce/BIS Requests Comments on Voluntary Self-Disclosure of Antiboycott Violations

(Source: Federal Register, 19 Mar 2020)

85 FR 15763: Submission for OMB Review; Comment Request; Voluntary Self- Disclosure of Antiboycott Violations

The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), on or after the date of publication of this notice. The public is invited to submit comments on this request.

* Agency: Bureau of Industry and Security.
* Title: Voluntary Self-Disclosure of Antiboycott Violations.
* OMB Control Number: 0694–0132.
* Type of Review: Regular submission.
* Needs and Uses: This collection of information supports enforcement of the Antiboycott provisions of the Export Administration Regulations (EAR) by providing a method for industry to voluntarily self-disclose Antiboycott violations.
* Affected Public: Business or other for- profit organizations.

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Commerce/BIS Requests Comments on Voluntary Self-Disclosure of EAR Violations

(Source: Federal Register, 19 Mar 2020)

85 FR 15762-15763: Submission for OMB Review; Comment Request; Voluntary Self-Disclosure of Violations of the Export Administration Regulations

The Department of Commerce will submit the following information
collection request to the Office of Management and Budget (OMB) for
review and clearance in accordance with the Paperwork Reduction Act of
1995, on or after the date of publication of this notice. The public is
invited to submit comments on this request.

* Agency: Bureau of Industry and Security.
* Title: Voluntary Self-Disclosure of Violations of the Export Administration Regulations.
* OMB Control Number: 0694-0058.
* Type of Review: Regular submission.
* Needs and Uses: This collection of information is needed to detect
violations of the Export Administration Regulations (EAR) and determine
if an investigation or prosecution is necessary and to reach a
settlement with violators. Voluntary self-disclosure of EAR violations
strengthens BIS’s enforcement efforts by allowing BIS to conduct
investigations of the disclosed incidents faster than would be the case
if BIS had to detect the violations without such disclosures. BIS
evaluates the seriousness of the violation and either (1) Informs the
person making the disclosure that no action is warranted; (2) issues a
warning letter; (3) issues a proposed charging letter and attempts to
settle the matter; (4) issues a charging letter if settlement is not
reached; and/or (5) refers the matter to the U.S. Department of Justice
for criminal prosecution.
* Affected Public: Business or other for- profit organizations.

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Australia Minister for Defence Industry Releases the Australian Military Sales Catalogue

(Source: Australian Government Department of Defence, 19 Mar 2020)

Catalogue, now titled Australian Defence Sales Catalogue.

The 2020 Catalogue showcases leading-edge Australian products, technology and services, which are available for export from Australia’s world-class defence industry sector.

Minister Price said 170 Australian businesses are featured in this year’s edition – a 49 per cent increase from the previous edition.

“Small businesses from each Australian state and territory are represented in the Catalogue, highlighting the strength of Australia’s defence industry sector and the Morrison Government’s investment to grow innovative defence industry across the country,” Minister Price said.

“The 2020 catalogue also offers advice and support services.”

The Catalogue features information on support services available to Australian defence industry sector, including Defence Export Controls, the Australian Defence Export Office, Centre for Defence Industry Capability, Team Defence Australia, Export Finance Australia and Austrade, to maximise export opportunities.

“This support is part of the Morrison Government’s $1.6 billion investment in further building the capacity and capability of Australia’s defence industry and innovation sector,” Minister Price said.

As in previous editions, the Catalogue also includes select surplus Australian Defence Force (ADF) equipment and platforms that will shortly be retired from service. These platforms are available to Australia’s international partners on a Government-to-Government and Commercial-to-Government sales transfer basis.

All transfers of ex-ADF equipment to foreign governments is subject to a rigorous approval process, independent from the Australian Defence Export Office.

The Catalogue is available at: https://www.defence.gov.au/Export/australian-military-sales/

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DHS/CBP: “Harmonized System Update (HSU) 2003”

(Source: DHS/CBP, 19 Mar 2020)

Harmonized System Update (HSU) 2003 was created on March 18, 2020 and contains 8,453 ABI records and 1,413 harmonized tariff records.

System modifications were made to support the United States Trade Representative’s (USTR) Notice of Modification of Section 301 Action: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute. The Notice can be found via this link.

Further, adjustments were made to support the United States Trade Representative’s (USTR) Notice of Product Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, and it can be retrieved using this link.

Additionally, modifications were made as a result of the United States Trade Representative’s (USTR) Notice of Product Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, which can be found via this link.

Adjustments were also made to support the United States Trade Representative’s (USTR) Notice of Product Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The Notice can be retrieved using this link.

Finally, in support of the PGA Message Set, Participating Government Agency (PGA) indicators were updated as well.

Modifications required by the verification of the 2020 Harmonized Tariff Schedule (HTS) are included also.

The amended records are currently available to all ABI participants and can be retrieved electronically via the procedures indicated in the CATAIR. For further information about the retrieval process, please contact your client representative. All other questions regarding this message, please contact Jennifer Keeling via email at Jennifer.L.Keeling@cbp.dhs.gov

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