26-0914: Monday's "Export/Import Daily Bugle"

(Sources: 91 FR 58311, 91 FR 58319, 91 FR 58325, 91 FR 58331, and 91 FR 58339, 14 Sep 2026)

(Source: Future Federal Register)

(Source: DHS/CBP/CSMS)

(Source: OTR Webinars)

(Source: Commerce/BIS)

(Source: US Commercial Service Aerospace Team [email protected], 10 Sep 2026)

(Source: Cyprus Ministry of Foreign Affairs, 13 Sep 2026) [Excerpts]

     The Ministry of Foreign Affairs of the Republic of Cyprus welcomes the decision of the United States (US) Government to renew the waiver suspending the International Traffic in Arms Regulations (ITAR) restrictions concerning the Republic of Cyprus for fiscal year 2027. This decision allows for the export, re-export and transfer of defence articles and defence services from the US to Cyprus for the designated period.
     This development clearly highlights the steadily expanding strategic partnership and cooperation between the Republic of Cyprus and the US, including in the area of defence and security, and reflects the two countries' shared priorities in the region, underscoring a mutual commitment to actively promoting peace, stability and prosperity in the Eastern Mediterranean region.
     In recent years, Cyprus and the US have achieved substantial progress in security, crisis management and non-combatant evacuation operations (NEOs) cooperation. This trajectory includes, among other, the establishment of the Defence and Security Cooperation Dialogue in 2021, the signing of the Roadmap for Bilateral Defence Cooperation in 2024, and Cyprus' eligibility to access US defence programs, including Foreign Military Sales (FMS), the Excess Defense Articles (EDA) programme. Against this backdrop, the renewed ITAR waiver provides further impetus to this expanding relationship.
     Furthermore, the Republic of Cyprus deeply appreciates the ongoing bipartisan efforts and legislative proposals in the US Congress to extend the waiver framework. This will provide the necessary predictability and stability for Cyprus–US defence and security cooperation, as well as long-term procurement.

(Source: State/DDTC)

     DDTC is pleased to announce that the initial production release of the Data Collection Modernization (DCM) initiative, impacting Licensing, was successfully deployed to the DECCS Production environment on September 14, 2026.
     This release is part of DDTC's ongoing Data Collection Modernization initiative to improve data quality, streamline application submission, and modernize the licensing experience for industry users.
     This release includes updates to the following forms:

     The forms and fields updated in the Data Collection Modernization release are linked HERE. If you have questions email the DECCS Help Desk or call 202-663-2838.

(Source: The White House)

(Source: Access Newswire, 14 Sep 2026) [Excerpts]

     Ondas Inc., a provider of advanced autonomous systems and next-generation defense and security technologies and services, today announced that it has acquired GATE Technologies Ltd. ("GATE"), an Israeli-based defense technology company specializing in Electronic Safe & Arm Devices ("ESADs") and advanced electronic fuzing technologies used across modern precision weapons and autonomous strike systems, and Bron Technologies ("Bron"), a European manufacturing, certification, and affiliated company to GATE's systems.
     Ondas will pay $205 million, the majority of which is payable in cash, plus a working capital adjustment and up to $185 million of performance-based earn-out consideration. . . .
     Founded in 2006, GATE has developed a proprietary portfolio of highly configurable, miniaturized electronic safe-and-arm devices incorporating LEEFI initiation technology. Its technologies have been integrated into dozens of weapon systems globally, including rockets, missiles, UAVs and loitering munitions, providing mission-critical safety and fuzing capabilities inside modern weapons. [Full article]

(Source: Customs & International Trade Law Blog, 11 Sep 2026) [Excerpts]

* Author: Jennifer Diaz, Esq., Diaz Trade Law LLP

     Here is a recap of the latest customs and international trade law news:

Administration:

Customs and Border Protection (CBP):

Department of Justice (DOJ):

International Trade Commission (ITC):

Bureau of Industry and Security (BIS):

Office of Foreign Asset Control (OFAC):

U.S. Department of State:

U.S. Census Bureau:

Federal Maritime Commission (FMC):

Congress:

(Source: Expeditors News, 11 Sep 2026) [Excerpts]

     In a Cargo Systems Messaging Service (CSMS) bulletin published on September 4, 2026, U.S. Customs and Border Protection (CBP) announced that it is rescheduling the Entry Type 13 (ET13) test support calls.
     The ET13 support calls will cover Automated Commercial Environment (ACE) enhancements that will allow the processing of ET13 and mail shipments. The pre-deployment support call will be held on Tuesday, September 15, 2026, at 1:00 p.m. ET. The post-deployment support call will be held on Wednesday, October 7, 2026, at 1:00 p.m. ET.
     CSMS # 69761151 and links to the deployment calls are HERE.

(Source: Shap Flash, 14 Sep 2026) [Excerpts]

     For nearly two decades, Import Security Filing (ISF or "10+2") has been an important part of CBP's cargo security program. While CBP has historically focused significant attention on whether an ISF was filed timely—generally at least 24 hours before cargo is laden aboard a vessel destined for the United States—the regulations have always required more than timeliness: the information reported must also be accurate.
     With the issuance of Executive Order 14411, Strengthening Customs Enforcement, we believe accuracy of the ISF 10+2 data elements is likely to receive considerably greater scrutiny. In fact, we are certain of it.
     The Executive Order directs CBP to strengthen enforcement, increase audits, enforce liquidated-damages claims, and heighten accountability throughout the import supply chain. CBP has already begun implementing this broader initiative by increasing its focus on the accuracy of importer information.
     Our message is simple: A timely ISF is not necessarily a compliant ISF. The data matters, too. (We have seen $5000 penalties issued when faulty information has been provided!)
     [Full article]

(Source: Sandler, Travis & Rosenberg Trade Report, 14 Sep 2026) [Excerpts]. Contact: [email protected], 1-305-894-1035

     Following are highlights of regulatory effective dates and deadlines and other trade-related events coming up this week:

(Source: ArentFox Perspectives/Alerts, 11 Sep 2026) [Excerpts]

* Primary Author: Spencer Toubia, ArentFox Schiff LLP

     As Section 338 emerges as a newly active trade enforcement tool, the US International Trade Commission (USITC) is seeking public comment on how it should fulfill its monitoring and advisory responsibilities under Section 338(g).
     The outcome could shape how the Commission monitors and evaluates allegations of foreign discrimination against US commerce and advises the president on potential responses.

Key Takeaways:

     [Listen to full article.]

(Source: Nazak Nikakhtar of Wiley Rein, The Export Practitioner, 14 Sep 2026) [Excerpts of paywall publication.]

     (Interviewed by Jennifer Doherty). In the waning days of Summer, we sat down with Nazak Nikakhtar, former Commerce Department official and current Chair of Wiley Rein's National Security Practice to hear her thoughts on ECRA, the Entity List, BIS-ITA interplay, and navigating a career in private practice and public service.

     However, I don't think this situation is going to be resolved any time soon. If China doesn't give the United States another one-year extension on its October 2025 export restrictions or goes so far as to add more materials to its export controls on America, then I could see a world in which President Trump implements aggressive export controls and tariffs on China – potentially even sanctions.
     When evaluating the impact already on the U.S. defense industrial base from China's export restrictions, which started in late 2024 or early 2025, the cumulative effects have been so severe. The U.S. industrial base is very much hobbling along in a severely weakened state, grabbing whatever materials it can, and if this trend continues, it won't be sustainable. We'll soon be in a gloves-off scenario with China. Then the big question will be quickly will the battling back-and-forth escalate? I think for China, it's to their advantage to exacerbate our supply chain vulnerabilities now, before we rebuild our domestic industrial base. . . .
     [Full interview]

(Source: London Insider, 13 Sep 2026) [Excerpts]

     Artificial intelligence has moved out of research laboratories and into active defense systems, creating urgent legal questions for companies operating in the sector. Autonomous surveillance platforms, battlefield decision-support engines, predictive logistics tools, electronic-warfare software, and AI-enabled targeting modules are now deployed realities, not theoretical concepts.
     For U.S. companies, particularly startups collaborating with the Department of Defense, the central compliance question has fundamentally shifted in nature and complexity.
     The critical inquiry is no longer whether hardware is export-controlled, but whether algorithms, training data, model weights, and simulation environments constitute controlled "technical data" under the International Traffic in Arms Regulations, known as ITAR.
     AI-driven defense innovation in 2026 is colliding with a regulatory structure originally designed for missiles, schematics, and physical components, creating serious legal exposure. . . .
     A persistent misconception in the industry is that software occupies a different legal category from hardware, but under ITAR, that distinction is entirely irrelevant. . . .
     ITAR treats disclosure of controlled technical data to a foreign person within the United States as a "deemed export," meaning lawful immigration status does not eliminate the exposure.
     Access controls, not employment classification, determine regulatory outcomes, and training datasets derived from controlled defense systems represent a growing area of compliance risk.
     Another dangerous misconception is that holding a Department of Defense contract eliminates ITAR obligations, but government contracting status does not substitute for export authorisation.
     The public-domain exception under ITAR is narrow and highly fact-specific, and an improper disclosure can itself constitute a regulatory violation with serious consequences.
     Remote collaboration workflows and cloud architecture present additional licensing obligations that companies frequently overlook when designing their development environments.
     Organisations operating at the intersection of artificial intelligence and national security must integrate export-control analysis at the earliest stages of product development, not as an afterthought.
     For companies developing autonomous systems, targeting algorithms, or other military AI applications, export compliance is no longer a peripheral legal function but a structural business requirement. [Full article]

(Source: Observer Research Foundation Middle East, 14 Sep 2026) [Excerpts]

* Author: Siddharth Yadav, Fellow, Technology

     Spotlight:

     Investment in frontier technologies such as artificial intelligence (AI) can contribute to the diversification of hydrocarbon-based economies like the United Arab Emirates (UAE) while providing solutions for emerging security risks, including cyber warfare.
     The actualisation of these promises, however, depends in part on access to advanced American technology. The UAE's strong technology and security relationship with the United States (US) has facilitated sustained exchange of technology and capital between the two nations. How this bilateral relationship unfolds can offer a template to other nations with similar strategic priorities. . . . [Full article]

(Source: Sandler, Travis & Rosenberg Trade Report, 14 Sep 2026) [Excerpts]. Contact: [email protected], 1-305-894-1035

     President Trump issued Sept. 4 an executive order directing the Department of Agriculture to submit within 90 days a report on all statutory and regulatory authorities that may permit the establishment of mandatory country-of-origin labeling for beef products as well as an economic analysis of the impacts of such a requirement that reflects current conditions and modernized practices.
     Based on these assessments, the USDA may (1) issue or amend its regulations to require mandatory COOL for beef products or (2) develop legislative recommendations regarding such labeling.
     A previous mandatory COOL requirement for beef was repealed in 2015 after a successful challenge at the World Trade Organization.

(Source: Volkov Law, 13 Sep 2026) [Excerpts]

* Principal Author: Michael Volkov, Volkov Law Group LLC

     OFAC fined an unnamed U.S. consultant just over $1.4 million for Iran sanctions violations tied to advisory work provided to a leading Iranian software company, and this case deserves careful attention because it demolishes a defense I still hear surprisingly often: the idea that providing remote advice, strategic guidance, or consulting services to an Iranian business, without physically operating in Iran or directly running the company, somehow falls outside the reach of U.S. sanctions. It doesn't, and OFAC's enforcement order makes that point in granular, almost instructive detail.
     The Backstory. This case has an unusual origin story. The consultant founded an Iranian software solutions company back in 1987 while living in Iran, and in 2011 created an Iran-incorporated holding company to preserve an ownership interest in that business. Over the decades, the software firm grew into one of Iran's leading providers of financial, administrative, human resources, logistics, and management software, serving a wide range of Iranian industries and state-owned entities.
     At some point, the consultant relocated to the United States and, per OFAC's finding, became a U.S. person subject to the same sanctions compliance obligations as any other American, a status that didn't disappear just because the underlying business relationship in Iran predated the move.
     What the Consultant Actually Did: . . .
     This is the core lesson of the case: Providing strategic or operational consulting services to an Iranian company, even entirely remotely, even without ever setting foot back in Iran, constitutes a service to Iran under the Iranian Transactions and Sanctions Regulations.
     There's no carve-out for advice delivered over a video call rather than in person, and there's no meaningful distinction between actively managing a business and simply advising the people who do.
     [Full article]

(Source: Jenny Hahn, [email protected])

(Source: Editor)

(Source: Brainy Quotes)

(Source: History Channel)

1814: Francis Scott Key pens "The Star-Spangled Banner". On September 14, 1814, Francis Scott Key wrote a poem which was later set to music, and in 1931 became America's national anthem, "The Star-Spangled Banner." Key wrote the poem after he witnessed the Maryland fort being bombarded by the British during the War of 1812. Key was inspired by the sight of a lone U.S. flag still flying over Fort McHenry at daybreak, as reflected in the now-famous words, "And the rocket's red glare, the bombs bursting in air, Gave proof through the night that our flag was still there."

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(Source: Editor)

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27. Are Your Copies of Export/Import Regulations Current?

(Source: Editor)

The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.) but are updated as amended in the Federal Register. The latest amendments are listed below.