Vol. 0805-2005

REGULATORY COMPLIANCE NEWSLETTER

NEWS:

The Bureau of Industry and Security (BIS) published a final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the April 2005 plenary meeting of the Australia Group (AG). Specifically, the final rule amends the EAR to implement changes to the AG ``Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology'' by revising the Commerce Control List (CCL) entry that controls certain pumps that can be used to make chemical weapons or AG-controlled precursor chemicals. The rule also amends the EAR to implement changes to the AG ``Control List of Dual-Use Biological Equipment'' by revising the CCL entry that controls equipment capable of use in handling biological materials to add certain spraying or fogging systems, spray booms or arrays of aerosol generating units, and components therefor. In addition, the rule amends the CCL entry that controls certain genetic elements and genetically modified organisms by revising the Technical Note in the entry to clarify the scope of the controls on genetic elements and genetically modified organisms that contain nucleic acid sequences associated with the pathogenicity of any AG-controlled microorganisms, consistent with the AG ``Control List of Biological Agents,'' the AG ``Control List of Animal Pathogens,'' and the AG ``Control List of Plant Pathogens.'' The rule also amends the EAR to reflect the addition of Ukraine to the Australia Group and updates the definition of ``Australia Group'' in the EAR to include a current listing of all participating countries. Finally, the rule updates the list of countries that currently are States Parties to the Chemical Weapons Convention (CWC) by adding ``Niue,'' which recently became a State Party. As a result of the change, the CW (Chemical Weapons) license requirements and policies in the EAR that apply to Niue now conform with those applicable to other CWC States Parties. The rule also clarifies the entry for the ``Netherlands'' on the list of CWC States Parties by adding a footnote to this entry to indicate that, for CWC purposes only, the Netherlands includes ``Aruba and the Netherlands Antilles.'' The rule further updates the list by removing ``Yugoslavia (Federal Republic of)'' and replacing it with ``Serbia and Montenegro.'' Effective Date: August 5, 2005.

The Bureau of Industry and Security (BIS) published a final rule on Friday, July 15, 2005, that amended the Export Administration Regulations (EAR) to implement the agreement reached at the December 2004 plenary meeting of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies. The July 15 final rule contained a typographical error in the amendatory language for Export Control Classification Number 3A002, which controls general purpose electronic equipment. The rule corrects that error and it also corrects a statement of the license requirements for deemed export license applications found in the Background section of the July 15 final rule. Effective Date: July 26, 2005.

The Bureau of Customs and Border Protection (CBP) issued a proposed rule that pertains to field organization by establishing a new port-of-entry in the Tri-Cities area of the States of Tennessee and Virginia, including the Tri-Cities Regional Airport. The new port-of-entry would include the same geographical boundaries of the current Customs and Border Protection User Fee Port No. 2082, which encompasses Sullivan County, Tennessee; Washington County, Tennessee; and Washington County, Virginia. The user-fee status of Tri-Cities Regional Airport, located in Blountville, Tennessee, will be terminated. These changes will assist the Bureau of Customs and Border Protection in its continuing efforts to provide better service to carriers, importers and the general public. Comments must be received on or before September 27, 2005.

The Interagency Trade Policy Staff Committee (TPSC) will convene a public hearing and seek public comment to assist the Office of the United States Trade Representative (USTR) in the preparation of its annual report to the Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). Persons wishing to testify orally at the hearing must provide written notification of their intention, as well as a copy of their testimony, by noon, Thursday, September 1, 2005. Written comments are due by noon, Tuesday, September 6, 2005. A hearing will be held in Washington, DC, on Wednesday, September 14, 2005.

The Office of Foreign Assets Control (OFAC), Department of Treasury announced revisions to their watch list on August 1 and 3, 2005. Entities have been added in the notice and information on existing parties on the watch list has been updated with new addresses and branch offices.

SPECIAL CUSTOMER UPDATE: OCR Web Site

A new and improved content website of OCR Services will be rolled out in the next few weeks. The new web layout will provide customer access to more information on OCR’s product and services, improve client access to customer support services and provide abilities for customers to request training and other services online. Clients will get access to an expanded compliance library, which provides information on regulatory updates with legal articles on their impact on the industry. Look for more details in the coming weeks…

DENIED PERSON UPDATE:

The following entities were added to the Denied Persons List .The full list of changes can be accessed at the OCR web site

• ALLAN GRANGE FARM, Chegutu, ZIMBABWE
  Effective date: 08/03/05, Expiration date: UNTIL RESCINDED

• AUCHENBURG FARM, Nyamandlovu, ZIMBABWE
  Effective date: 08/03/05, Expiration date: UNTIL RESCINDED

• BAMBOO CREEK FARM, Shamva, ZIMBABWE
  Effective date: 08/03/05, Expiration date: UNTIL RESCINDED

• BEIJING RICH LINSCIENCE ELECTRONICS COMPANY, NO. 2 ZHONG GUAN CUN SOUTH AVENUE, CYBER MODE ROOM 1001, HAIDIAN DISTR, CHINA
  Privileges affected: Standard.
  Effective date: 01/31/05, Expiration date: 1/27/2006
  F.R. Date: 08/01/2005, Citation: 70 FR 6410; 70 FR 44084

• BOUGHANEMI, Faycal, viale Cambonino, 5/B, Cremona, ITALY, AKA/DBA: a.k.a. BOUGHANMI, Faical
  Privileges affected: DOB 28 Oct 1966; POB Tunis, Tunisia; nationality Tunisia; Italian Fiscal Code BGHFCL66R28Z352G (individual)
  Effective date: 08/01/05, Expiration date: UNTIL RESCINDED

CONFERENCES:

BIS Seminars

Title: Intro to Export Management Systems
Date: August 5, 2005
Location: Washington, DC

Title: Complying with U.S. Export Controls
Date: August 17-18, 2005
Location: Universal City, CA

Title: Essentials of Export Controls
Date: September 8, 2005
Location: Washington, DC

Title: Intermediate License Exceptions
Date: September 9, 2005
Location: Washington, DC

Title: Update 2005
Date: October 24 - 25, 2005
Location: Washington, D.C.

SIA Seminar

Title: Fall Advanced Conference
Date: November 7-8, 2005
Location: Washington, DC

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Disclaimer:

This newsletter is not intended to provide legal guidance. Adherence to this decision does not relieve the exporter of the statutory responsibilities of complying with the applicable statutes, regulations, policies and procedures of the U.S. Government

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