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Vol. 0927-2004
REGULATORY
COMPLIANCE NEWSLETTER
NEWS:
The Transportation
Security Administration (TSA) is requiring flight schools to notify TSA
when aliens and other individuals designated by TSA apply for flight
training. TSA is establishing standards relating to the security threat
assessment process that TSA will conduct to determine whether such
individuals are a threat to aviation or national security, and thus
prohibited from receiving flight training. In addition, TSA is
establishing a fee to cover a portion of the costs of the security threat
assessments that TSA will perform under this rule. Finally, TSA is
establishing standards relating to security awareness training for certain
flight school employees. These requirements will help ensure that
individuals who intend to use aircraft to perform terrorist attacks in the
U.S. do not obtain flight training that would enable them to do so. These
requirements also will improve security at flight schools. Effective Date:
September 20, 2004.
The Bureau of
Industry and Security (BIS) -- On January 12, 2004, President George W.
Bush announced the Next Steps in Strategic Partnership (NSSP) with India.
The proposed cooperation outlined in the NSSP will progress through a
series of reciprocal steps that build on each other, including steps
related to enhancing cooperation in peaceful uses of space technology and
steps to create the appropriate environment for successful high technology
commerce. This rule implements three initial steps the United States has
agreed to take under the NSSP. These steps are: To remove the Indian Space
Research Organization (ISRO) Headquarters, Bangalore from the Department
of Commerce Entity List; to remove the export license requirements for
items subject to the Export Administration Regulations (EAR) having a
classification of EAR99 or a classification where the third through fifth
digits of the Export Commodity Classification Number (ECCN) are ``999'',
e.g. XX999, for the seven (7) ISRO subsidiaries listed on the Entity List;
and establish a presumption of approval for all items not controlled for
nuclear proliferation reasons going to the ``balance of plant'' portion of
Indian nuclear facilities subject to International Atomic Energy Agency
safeguards (Rajasthan 1 & 2 and Tarapur 1 & 2).
This rule also
clarifies the longstanding interpretation that information regarding the
Entity List published in the Federal Register is intended to inform the
public, not simply to inform exporters. Effective Date: September 22,
2004.
The Office of
Foreign Assets Control (OFAC) is revising the Rough Diamonds Control
Regulations previously issued as an interim final rule. The regulations
carry out the purposes of Executive Order 13312 of July 29, 2003, which
implemented the Clean Diamond Trade Act and the Kimberley Process
Certification Scheme for rough diamonds. Based on its experience and that
of other involved agencies, OFAC is revising certain reporting and
recordkeeping requirements of the regulations. Effective Date: September
23, 2004.
On September 20,
2004, the President signed an executive order (the E.O.) terminating the
national emergency declared in Executive Order 12543 of January 7, 1986,
with respect to the policies and actions of the Government of Libya and
revoking that Order, Executive Order 12544 of January 8, 1986, and
Executive Order 12801 of April 15, 1992, all of which imposed sanctions
against Libya in response to the national emergency. This EO also revokes
Executive Order 12538 of November 15, 1985, which prohibited the
importation into the United States of petroleum products refined in Libya.
The E.O. is effective at 12:01 a.m. eastern daylight time on September 21,
2004. As of that time, the prohibitions of the Libyan Sanctions
Regulations, 31 C.F.R. Part 550 (the "LSR"), will be lifted, and
all property and interests in property blocked under the LSR will be
unblocked. However, termination of the national emergency will not affect
any action taken or proceeding pending not finally concluded or determined
as of the effective date of this E.O., any action or proceeding based on
any act committed prior to such date, or any rights or duties that matured
or penalties that were incurred prior to such date.
The Office of
Foreign Assets Control (OFAC), the following foreign entity has been
designated by the Secretary of State as being subject to the import ban of
the Weapons of Mass Destruction Trade Control:
Xinshidai (a.k.a.
China New Era Group; a.k.a. China Xinshidai Company; a.k.a. New Era Group;
a.k.a. XSD) [69 FR 56260, September 20, 2004]
The Office of
Foreign Assets Control (OFAC), Department of Treasury announced major
revisions to their watch list on September 14, 2004. A number of 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.
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
·
*ENTIRE COUNTRY* LIBYA
Privileges affected: Presidential Determination and Certification
Concerning Libya Under Section 101 and 102(b) of the Arms Export Control
Act and Determination on Export-Import Bank Support for U.S. Exports to
Libya. (69 FR 56153). Pursuant to section 2(b)(4) of the Export-Import
Bank Act of 1945, as amended, The President, hereby determine and certify
that it is in the national interest for the Export-Import Bank to
guarantee, insure, or extend credit, or participate in the extension of
credit in support of United States exports to Libya.
Effective date: 04/04/94
Expiration date: UNTIL RESCINDED
F.R. Date: 09/20/2004
Citation: 59 FR 15624; 61 FR 36625; 69
FR 56153
·
*ENTIRE COUNTRY* LIBYA
Privileges affected: The prohibitions of the Libyan Sanctions Regulations,
31 C.F.R. Part 550 (the "LSR"), will be lifted, and all property
and interests in property blocked under the LSR will be unblocked.
However, termination of the national emergency will not affect any action
taken or proceeding pending not finally concluded or determined as of the
effective date of this E.O., any action or proceeding based on any act
committed prior to such date, or any rights or duties that matured or
penalties that were incurred prior to such date.
Expiration date: 9/21/2004
·
Government of China CHINA
Privileges affected: Extension of waiver of import sanctions pursuant to
section 73(e) of the Arms Export Control Act (22 U.S.C. 2797b(e)) against
certain activities of the Chinese Government that was announced on
September 19, 2003, pursuant to the Arms Export Control Act, as amended.
Effective date: 09/18/04
Expiration date: 3/18/2005
F.R. Date: 09/20/2004
Citation: 69
FR 56261
·
ISRO Inertial Systems Unit Thiruvananthapura INDIA AKA/DBA:
Department of Space (DOS); a.k.a. ISRO; a.k.a. IISU
Privileges affected: Removing the license requirement for all items
subject to the Export Administration Regulations (EAR) having a
classification of EAR99 or a classification where the third through fifth
digits of the Export Commodity Classification Number (ECCN) are ``999'',
e.g., XX999.
Effective date: 11/19/98
Expiration date: UNTIL RESCINDED
F.R. Date: 09/22/2004
Citation: 63 FR 64322; 65 FR 14444; 66 FR 50089; 69
FR 56693
SEMINARS AND
CONFERENCES:
American Conference
Institute
Title:
Global Customs Compliance
Date:
September 27 & 28, 2004
Location: The
West San Francisco Airport, CA
Register at: http://www.americanconference.com/frames.cfm
Bureau of Industry
and Security
Title:
BIS Update 2004 Conference on Export Controls and Policy
Date:
October 4-5, 2004
Location:
Renaissance Hotel, Washington D.C.
Register at: http://www.bis.doc.gov/SeminarsAndTraining/Update2004.htm
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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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