DDTC Migrates All External Systems to a New Platform

March 30th, 2015 by Brooke Driver

Source: http://pmddtc.state.gov/

DDTC is modernizing its technology infrastructure, and migrating all external systems to a new platform. The migration will occur on Friday, April 17, 2015.

New versions of the DTrade DSP forms will be available from the DDTC web site on April 3, 2015. DS-2032 and DS-4076 form versions will remain unchanged. If you have any questions, please contact the DDTC Helpdesk at 202-663-2838 or dtradehelpdesk@state.gov

Following the migration, Users will be required to submit a DSP-85 for any amendment applications to License for Export/Import of Defense Articles that were previously submitted using a DSP-119. The Ellie system will be decommissioned as of Friday, April 17, 2015.

Industry users will see no functional changes to the remaining online applications. However, effective April 18, 2015, users will access DTrade, Electronic Forms Submission, and MARY using the following new URLs:

- DTrade Application: https://dtrade.pmddtc.state.gov
- Electronic Forms Submission for DS-2032 and DS-4076: https://efs.pmddtc.state.gov
- MARY status application: https://mary.pmddtc.state.gov/mary

BIS Revises Support Document Requirements for License Applications

March 30th, 2015 by Brooke Driver

By: Brooke Driver

Effective March 13, 2015, the BIS has amended the EAR to streamline the support document requirements for license applications in part 748. Under the new rule, it is no longer necessary to obtain an International Import Certificate or Delivery Verification during the licensing process. The changes also limit the requirement to obtain a Statement by Ultimate Consignee and Purchaser to exports, reexports and transfers (in-country) of 600 Series Major Defense Equipment.

Commerzbank to Pay $258,660,796 for Violating Multiple Sanctions Programs

March 30th, 2015 by Brooke Driver

By: Brooke Driver

Commerzbank AG recently agreed to settle with OFAC regarding its 1,596 apparent violations of multiple U.S. sanctions programs, including the Iranian Transactions and Sanctions Regulations, the Sudanese Sanctions Regulations, the June 28, 2005 Executive Order 13382, “Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters,” the Weapons of Mass Destruction Proliferators Sanctions Regulations, the Burmese Sanctions Regulations and the Cuban Assets Control Regulations.

The bank’s massive $258,660,796 fine reflects the number and enormity of the apparent violations, as does the large scale of its case, with collaboration between OFAC, the U.S. Department of Justice, the New York County District Attorney’s Office, the Federal Reserve Board of Governors and the Department of Financial Services of the State of New York.

Obama Blocks Property and Suspends Entry of Certain Persons Contributing to the Situation in Venezuela

March 30th, 2015 by Brooke Driver

By: Brooke Driver

In response to the situation in Venezuela, specifically the government’s “erosion of human rights guarantees, persecution of political opponents, curtailment of press freedoms, use of violence and human rights violations and abuses in response to antigovernment protestors,” President Obama has declared a national emergency and blocked the U.S. property of any person the State determines as “complicit in, or responsible for ordering, controlling” or otherwise contributing to the turmoil in Venezuela. The president also included an annex listing specific Venezuelan nationals to be included in this order:

  1. Antonio José Benavides Torres [Commander of the Central Integral Strategic Defense Region of the National Armed Forces, former Director of Operations for the National Guard; born June 13, 1961]
  2. Gustavo Enrique González López [Director General of the National Intelligence Service and President of the Strategic Center of Security and Protection of the Homeland; born November 2, 1960]
  3. Justo José Noguera Pietri [President of the Venezuelan Corporation of Guayana, former General Commander of the National Guard; born March 15, 1961]
  4. Katherine Nayarith Haringhton Padron [National Level Prosecutor of the 20th District Office of the Public Ministry; born December 5, 1971]
  5. Manuel Eduardo Pérez Urdaneta [Director of the National Police; born May 26, 1962]
  6. Manuel Gregorio Bernal Mart[iacute]nez [Chief of the 31st Armored Brigade of Caracas, former Director General of the National Intelligence Service; born July 12, 1965]
  7. Miguel Alcides Vivas Landino [Inspector General of the National Armed Forces, former Commander of the Andes Integral Strategic Defense Region of the National Armed Forces; born July 8, 1961]

State Department Posts Industry Notice Regarding Temporary Import without a License of Unclassified and Classified Defense Items

March 30th, 2015 by Brooke Driver

Source: https://www.pmddtc.state.gov/

Pursuant to §126.6(c), the temporary import (and subsequent export) without a license of unclassified and classified defense items that are transferred through the sale, lease or loan by the Department of Defense under the FMS program, and that are specifically identified in an executed U.S. Department of Defense Letter of Offer and Acceptance (LOA) pursuant to the U.S. Foreign Military Sales (FMS) program, is authorized. FAQs are available under “Export Control Reform.”

NNSA Amends Assistance to Foreign Atomic Energy Activities

March 30th, 2015 by Brooke Driver

By: Brooke Driver

For the first time since 1986, the Department of Energy has released a comprehensive update of 10 CFR Part 810, which controls the export of unclassified nuclear technology and assistance by identifying “generally authorized” activities involving nuclear technology and activities that require “specific authorization” from the Secretary.

The DOE states that, while small changes to Part 810 were made in 1993 and 2000, this comprehensive update was necessary in light of the global expansion of the civil nuclear market, especially in China, the Middle East and Eastern Europe. The nuclear industry has also expanded in France, Japan, the Republic of Korea, Russia and Canada.

Export Compliance Position Open at University of Miami

March 25th, 2015 by Brooke Driver

Source: University of Miami

The University of Miami is home to some of the brightest minds in the world. At the U, we are committed to attracting and retaining a talented workforce to support our common purpose of transforming lives through teaching, research, and service. We are leaders in the area of education, scholarship, intercollegiate athletics and service. Come join our team!

The Export Compliance Officer (ECO) will work in conjunction with the Associate Vice President, Research Administration for the implementation of export control policies and procedures throughout the University, rendering training and advice to faculty and staff in all export-related matters. The ECO will develop, oversee and maintain a project management function associated with the coordinated activities of the Office of Research Administration, and apply project management knowledge, technical skills, tools and techniques to meet the project requirements for the development and management of databases and reports. The ECO will serve as a resource for administration regarding compliance regulations and guidelines, and draft responses of substance to regulatory agencies.

Accountabilities (For Non-exempt Employees Include Percent of Effort):

• Work with the Associate Vice President to develop, document, and implement institutional policy requirements regarding U.S. export control laws and regulations.
• Develop and implement an effective export control education and training program, including ongoing education for University personnel, and the development of web-based materials to facilitate learning independently. Prepare and give presentations to faculty and staff on export control matters.
• Maintain and update content on research compliance website.
• Use the Amber Road On-Demand RPS system as part of the University’s compliance efforts; serve as site administrator; manage relationship with vendor.
• Prepare, submit, and monitor licensing authorizations and institutional registrations. Use federal web-based systems for commodity classifications, license applications, and other export control compliance obligations.
• Provide guidance to faculty, staff and students on export control policies, procedures and federal regulations, including but not limited to: advising faculty and staff on foreign travel; assisting PIs and other individuals involved in the conduct of research in obtaining an understanding of the compliance issues associated with the transfer of materials, restrictions of foreign nationals in labs, publication restrictions, etc.; providing guidance with implementing technology control plans; purchasing of controlled technology and securing of technical data.
• Act as liaison and coordinator for export-related matters between the various research and regulatory offices within the University.
• Assist the Associate Vice President and General Counsel as University liaison to the U.S. Departments of Commerce, State and Treasury or any other federal agency in regard to export-related matters.
• Maintain export compliance database, logs, documentation and filing system to ensure accurate and up-to-date information and compliance with recordkeeping requirements.
• Other duties as assigned.
The above statements describe the general nature and level of work being performed by individuals assigned to this classification. This is not intended to be an exhaustive list of all responsibilities and duties required of personnel so classified.
Supervision Received: Minimal

Minimum Qualifications:

• B.S. or B.A in International business or related field required, Masters or JD degree preferred. Five years of progressively responsible experience in project management, including complex projects involving multiple functional groups.
• Five (5) years’ experience in relevant and progressively responsible administrative experience in export control, research, compliance, or other appropriate field.
• Experience in a research university environment. In-depth knowledge of relevant federal export control regulations, including those pursuant to EAR, ITAR, and OFAC, Patriot Act as well as the National Security Decision Directive 189. Working knowledge of restricted party screening software.
• Ability to work with legal counsel and federal agencies regarding export, security, and travel related matters. Additionally, this person must have sufficient understanding of technology to work with investigators and technicians in making accurate technology classifications and licensing determinations.
• Ability to interpret and ensure compliance with federal regulations required.
• Evidence of excellent written and verbal communication skills required, with effective presentation and training skills.
• Advanced computer proficiency including Microsoft Office Suite.
• Any appropriate combination of relevant education and/or work experience will be considered.

Please apply online. Position #031831

Tips on How to Resolve AES Fatal Errors

March 25th, 2015 by Brooke Driver

Source: census@uscensus.service.govdelivery.com, February 20, 2015

When a shipment is filed to the AES, a system response message is generated and indicates whether the shipment has been accepted or rejected. If the shipment is accepted, the AES filer receives an Internal Transaction Number (ITN) as confirmation. However, if the shipment is rejected, a Fatal Error notification is received.

To help you resolve AES Fatal Errors, here are some tips on how to correct the most frequent errors that were generated in AES for this month

Fatal Error Response Code: 250

- Narrative: USPPI Country Must Be US

- Reason: The USPPI Country Code is not reported as US.

- Resolution: The USPPI Country Code must be the United States, ISO Country Code US. Verify the USPPI Country Code, correct the shipment and resubmit.

Fatal Error Response Code: 546

- Narrative: BIS License No Longer Active

- Reason: The License Code/ License Exemption Code reported indicates a Bureau of Industry and Security (BIS) license number is required and the License Number reported is not active in AES at the time of export.

- Resolution: The License Number must be reported for a BIS licensable shipment and be one that is active in AES at the time of export. See Appendix F, License and License Exemption Type Codes and Reporting Guidelines for requirements that apply to the export shipment as determined by various government agencies. Verify the License Number and Date of Export, correct the shipment and resubmit.

For further assistance, contact the Department of Commerce/ Bureau of Industry and Security/ Office of Technology Evaluation at 202-482-4933.

Census Department Introduces a New Online Export Filing Platform: the International Trade Data System

March 25th, 2015 by Brooke Driver

By: Brooke Driver

The Census Department recently alerted Automated Export System filers to a new AES related functionality on the horizon; this year, Census plans to release preparatory instructions for the International Trade Data System, a “single window” concept for export filing to be officially established by December 2016. The ITDS will allow exporters to continue to transmit the AES transactional data required by many U.S. executive departments and agencies and will streamline the overall reporting demands as other agencies that currently require paper submissions will begin to accept AES reports. In other words, the ITDS single window concept will enable exporters to save time and money by enabling them to submit electronic data one time in AES.

Commerce states that detailed instructions will be sent via email through the year to prepare the exporting community for the change, including information regarding:

  • The new electronic reporting capability for Environmental Protection Agency-regulated Hazardous Waste Exports
  • U.S. Customs and Border Protection’s new electronic reporting capability for Automated Outbound Manifests

Other Government Agencies’ electronic reporting capabilities for regulated export items

State Announces Changes to U.S. Export Policy for Military Unmanned Aerial Systems

March 25th, 2015 by Brooke Driver

By: Brooke Driver

In order to protect U.S. interests and national security, the State Department has announced a new policy related to U.S.-origin military and commercial UAS. This new policy governs the international sale, transfer and use of these items, builds upon the U.S. Conventional Arms Transfer Policy and is consistent with the requirements of the Arms Export Control Act, the Foreign Assistance Act and the Export Administration Regulations, covering both military and commercial UAS transfers.

The new policy enhances controls on the export of U.S.-origin military and commercial UASs and establishes principles for the proper use of U.S.-origin military UASs.

The Department states that the mission behind the new policy is to:

“exercise restraint in sales and transfers and advance its national security and foreign policy interests, which includes enhancing the operational capabilities and capacity of trusted partner nations, increasing U.S. interoperability with these partners for coalition operations, ensuring responsible use of these systems, and easing the stress on U.S. force structure for these capabilities. It also ensures appropriate participation for U.S. industry in the emerging commercial UAS market, which will contribute to the health of the U.S. industrial base, and thus to U.S. national security which includes economic security.”