The Daily Bugle Weekly Highlights: Week 40 (30 Sep – 4 Oct 2019)

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, and Alexander Witt.

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. CBP Decreases Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties; The Daily Bugle; Wednesday, 2 October 2019, Item #1;
  2. Treasury/OFAC Announces Settlement Agreement with the General Electric Company; The Daily Bugle; Wednesday, 2 October 2019, Item #5;
  3. Justice/ATF Requests Comments on the Application and Permit for Importation of Firearms, Ammunition, and Defense Articles; The Daily Bugle; Friday, 4 October 2019, Item #1;
  4. Justice/ATF Requests Comments on the Identification of Explosive Materials; The Daily Bugle; Friday, 4 October 2019, Item #2;
  5. DoD/DSCA Publishes Policy Memo 19-39; The Daily Bugle; Friday, 4 October 2019, Item #2;

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1. CBP Decreases Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties

(Source: Federal Register, 2 Oct 2019.)

* Agency: CBP/DHS

* Action: General Notice

* Summary: This notice advises the public that the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will decrease from the previous quarter. For the calendar quarter beginning July 1, 2019, the interest rates for overpayments will be 4 percent for corporations and 5 percent for non-corporations, and the interest rate for underpayments will be 5 percent for both corporations and non-corporations. This notice is published for the convenience of the importing public and U.S. Customs and Border Protection personnel.

* Dates: The rates announced in this notice are applicable as of July 1, 2019.

For Further Information, Contact: Bruce Ingalls, Revenue Division, Collection Refunds & Analysis Branch, 6650 Telecom Drive, Suite #100, Indianapolis, Indiana 46278; telephone (317) 298-1107.

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2. Treasury/OFAC Announces Settlement Agreement with the General Electric Company

(Source: Treasury/OFAC, 2 Oct 2019.)

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today announced a $2,718,581 settlement with The General Electric Company (“GE”) of Boston, Massachusetts.  GE, on behalf of three GE subsidiaries – Getsco Technical Services Inc., Bentley Nevada, and GE Betz (collectively, the “GE Companies”) – has agreed to settle its potential civil liability for 289 alleged violations of the Cuban Assets Control Regulations, 31 C.F.R. part 515 (CACR). 

Specifically, between December 2010 and February 2014, the GE Companies appear to have violated § 515.201(b) of the CACR on 289 occasions by accepting payment from The Cobalt Refinery Company (“Cobalt”), an entity identified on the List of Specially Designated Nationals and Blocked Persons since June 1995, for goods and services provided to a Canadian customer of GE.

OFAC determined that GE voluntarily disclosed the apparent violations, and that the apparent violations constitute a non-egregious case.

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3. Justice/ATF Requests Comments on the Application and Permit for Importation of Firearms, Ammunition, and Defense Articles

(Source: Federal Register, 4 oct 2019.) [Excerpts.]

84 FR 53178: Agency Information Collection Activities; Proposed eCollection eComments Requested; Application and Permit for Importation of Firearms, Ammunition, and Defense Articles–ATF Form 6–Part I (5330.3A)

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

* ACTION: 30-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: The proposed information collection was previously published in the Federal Register, on August 1, 2019, allowing for a 60-day comment period. Comments are encouraged and will be accepted for an additional 30 days until November 4, 2019.

* FOR FURTHER INFORMATION CONTACT: … Desiree M. Dickinson, ATF Firearms and Explosives Imports Branch either by mail at 244 Needy Road, Martinsburg, WV 25405, or by email at desiree.dickinson@atf.gov, or by telephone at 304-616-4584. …

* SUPPLEMENTARY INFORMATION: …

– Abstract: The Application and Permit for Importation of Firearms, Ammunition, and Defense Articles–ATF Form 6–Part I (5330.3A) allows ATF to determine if the article(s) described on the application qualifies for importation. It also serves as authorization for the importer. … 

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4. Justice/ATF Requests Comments on the Identification of Explosive Materials

(Source: Federal Register, 4 Oct 2019.) [Excerpts.]

84 FR 53178-53179: Agency Information Collection Activities; Proposed eCollection eComments Requested; Identification of Explosive Materials

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

* ACTION: 30-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: The proposed information collection was previously published in the Federal Register, on August 1, 2019 allowing for a 60-day comment period. Comments are encouraged and will be accepted for an additional 30 days until November 4, 2019.

* FOR FURTHER INFORMATION CONTACT: …

– Abstract: Marking of explosives enables law enforcement entities to more effectively trace explosives from the manufacturer through the distribution chain, to the end purchaser. This process is used as a tool in criminal enforcement activities. …

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5. DoD/DSCA Publishes Policy Memo 19-39

(Source: DoD/DSCA, 3 Oct 2019.)

DSCA Policy Memo 19-39 Asset Use Charges for the Purpose of Special Defense Acquisition Fund Capitalization has been posted.

The purpose of this memorandum is to clarify that Foreign Military Sales (FMS) payments received from foreign partners pursuant to leases authorized under Section 61 of the Arms Export Control Act (AECA), 22 U.S.C. section 2796, are not considered an asset use charge.

This memo modifies Chapter 11 – Special Programs and Services, by revising section C11.9.3.5. Funding Sources.

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