27 January 2014

Did You Know? Issue 175

 

27th January 2014

 

1. USA EAR Amendments: 2. WTO Trade Facilitation Agreement: 3. AEO Approval: 4. UK Open General Export Licences: 5. First draft UCC Implementing and Delegated Acts6. US Export Control Reform -Counsel's Tip of the Day: 7: MINT Countries: 8. EU – Ecuador Trade Agreement: 9. Updated Customs Notices.
 

1. USA EAR Amendments: As part of the Obama Administration's Export Control Reform (ECR) Initiative, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) has published multiple amendments to the Export Administration Regulations (EAR) to control energetic materials, personal protective equipment, shelters, military training equipment, articles related to launch vehicles, missiles, rockets, military explosives, and related items that the President has determined no longer warrant control on the United States Munitions List (USML). This rule also adds to the EAR controls on items within the scope of the Munitions List (WAML) of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement) that are not specifically identified on the USML or the Commerce Control List (CCL), but that were subject to USML jurisdiction. Finally, this rule moves certain items that were already subject to the EAR to the new Export Control Classification Numbers (ECCNs) created by this rule. These EAR amendments are effective July 1, 2014. 79 Fed. Reg. 22
 
 
2. WTO Trade Facilitation Agreement: A Business Guide for Developing Countries for the International Trade Centre. This guide helps businesses take advantage of the WTO Trade Facilitation Agreement. The agreement simplifies customs procedures, allowing businesses to become more competitive. This jargon-free guide explains the provisions with a focus on what businesses need to know to take advantage of the agreement. It will also help policy makers identify their needs for technical assistance to implement and monitor it.  See more at:http://www.intracen.org/wto-trade-facilitation-agreement-business-guide-for-developing-countries/#sthash.r4Cd6Wsq.dpuf
 
3. AEO Approval: A quick update following the AEO meeting in Brussels on 16/12. The EU Commission have clarified that they do not intend to change the AEOF certificate i.e. If a business applies for both an AEOC and an AEOS at the same time they will still receive an AEOF status and one certificate. This also means no expensive changes to member state systems which validate the status so good news. All AEO businesses have received confirmation of this by email today.
 
4. UK Open General Export Licences: A new OGEL was issued covering the Joint Strike Fighter contract.  Open general export licence (exports in support of joint strike fighter: F-35 Lightning II).  The Joint Strike Fighter (JSF) Open General Export Licence (OGEL) has been developed to support a US Government-led collaborative programme with eight partner countries (Australia, Canada, Denmark, Italy, the Netherlands, Norway, Turkey, UK) for around 3,000 aircraft
In addition, the UK OGELs that require transparency reporting (due Jan 2015 covering the calendar year 2014) have been re-issued.  There were a couple of mistakes in the first re-issuing and a couple of question left to resolve (mainly on OGEL Military Technology and OGEL Remote Access).  Here is a link to some UK BIS Notice to Exporters covering these reporting requirements

5. First draft UCC Implementing and Delegated Acts: Get the first draft of the Implementing & Delegated Acts that will change the structure of customs procedures in the EU.
http://www.strongandherd.co.uk/news/2014-01-17/ucc-draft-acts-published/
 
6. US Export Control Reform -Counsel's Tip of the Day: The chart below outlines how existing ITAR authorizations are affected by transitioned items.

  Contains only items transitioning to CCL Contains both transitioning and non-transitioning items
DSP 5 May use for up to 2 years after effective date of transition unless license expires, is otherwise invalidated, or is returned. May amend (through a DSP-6) after effective date on case-by-case basis. Valid for all items until expiration. May amend (through a DSP-6) after effective date on case-by-case basis.
DSP61  DSP73 Valid until expiration. May amend (through a DSP 62 or 74) after effective date on case-by-case basis. Valid until expiration. May amend (through a DSP 62 or 74) after effective date on case-by-case basis.
TAA  MLA  WDA May use for up to 2 years after effective date of transition unless agreement expires. May amend after effective date if defense services are being provided and an agreement is necessary. May use for up to 2 years after effective date of transition unless agreement expires. Agreement may be kept valid beyond the 2 year period by submitting amendment to authorize transitioning items under § 120.5(b).

For further guidance contact us or our associate Gary L. Stanley, President
Global Legal Services, Washington, D.C.20015. Tel. +1 (202) 686-4854
E-mail gstanley@glstrade.com
 
7: MINT Countries: In 2001 the world began talking about the ‘BRIC’ countries - Brazil, Russia, India and China - as potential powerhouses of
the world economy. The term was coined by economist Jim O'Neill, who has now identified the ‘MINT’ countries -  Mexico, Indonesia, Nigeria and Turkey - as emerging economic giants.
Jim O’Neill’s recent article can be read on the BBC website.
HMRC have prepared the latest UK import and export trade data for the MINT countries in our interactive data tables (click on the + by the country name to view the commodities).
HMRC have also prepared the latest UK import and export trade data for the BRIC countries in our interactive data tables (click on the + by the country name to view the commodities).
 
8. EU – Ecuador Trade Agreement: The EU and Ecuador finished the first round of trade negotiations on the 17thJanuary 2014 following the decision to resume the talks for Ecuador to join the Trade Agreement that the  EU concluded with Colombia and Peru.  Read More
 
9. Updated Customs Notices:
Notice 60: Intrastat General Guide
Notice 104: ATA and CPD Carnets
Notice 476 Tobacco Products Duty - updates - herbal tobacco.
Notice 703: VAT - Exports of goods from the United Kingdom
Notice 707: VAT Personal Export Scheme

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