26-0915: Tuesday's "Export/Import Daily Bugle"

(Source: Today's Federal Register)

(Source: Future Federal Register)

(Source: DHS/CBP/CSMS)

(Source: OTR Webinars)

(Source: Commerce/BIS)

(Source: EU Directorate-General for Trade and Economic Security, 14 Sep 2026) [Excerpts]

On 14 September 2026, the European Commission adopted a Delegated Regulation updating the EU dual-use export control list in Annex I of Regulation (EU) 2021/821.

The update brings the list in line with decisions taken in the multilateral Export Control Regime's Wassenaar Arrangement (WA), Australia Group (AG) and Nuclear Supplier Group (NSG) in 2025.

The update also includes commitments that Member States have accepted as members of the Wassenaar Arrangement, to control additional items uniformly.

The update ensures further effective EU-level controls of new technologies, thus contributing to security in the trade of dual-use items in line with the 2024 White Paper on Export Controls. Uniform EU-level controls guarantee effectiveness and transparency while maintaining the Union's competitiveness and a level-playing-field for economic operators.

Specifically, this update of the EU control list provides for the addition of new dual-use items, including:

The updated EU control list enters into force upon publication in the Official Journal after the usual two-month scrutiny period for the Council and the European Parliament.

Background: . . . [Full article]

(Source: State/DDTC, 15 Sep 2026)

DECCS Licensing is fully operational following the successful deployment of the Data Collection Modernization (DCM) licensing release. Users may now create, edit, and submit licensing applications using the updated licensing forms.

Data Collection Modernization (DCM) in effect. DDTC is pleased to announce the initial production release of the Data Collection Modernization (DCM) initiative, which began deploying to the DECCS Production environment on September 14, 2026.

The Data Collection Modernization initiative is a multi-phase effort to modernize how DDTC collects, manages, and uses data across its digital services. This initial release focuses on enhancements to the licensing experience that improve data quality, streamline application submission, and deliver a more modern, user-friendly experience for industry users.

This release affects:

Questions: Contact the DECCS Help Desk at 202-663-2838 or email [email protected].

(Source: Treasury/OFAC, 15 Sep 2026)

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is issuing Venezuela-related General License 52C, "Authorizing Certain Transactions Involving Petróleos de Venezuela, S.A."

OFAC is also issuing one amended Venezuela-related Frequently Asked Question (FAQ 1245), which asks: What activities are authorized by Venezuela General License (GL) 52C, "Authorizing Certain Transactions Involving Petróleos de Venezuela, S.A."?

OFAC has also updated the Specially Designated Nationals and Blocked Persons List and the Sectoral Sanctions Identifications List.

(Source: UK ECJU, 15 Sep 2026) [Excerpts]

Guidance: "Applying for an Export Certificate" How to apply for an export certificate, including a Certificate of Free Sale, Certificate of Manufacture and Certificate of Good Manufacturing Practice. [Full article]

(Source: USTR Press Office, 14 Sep 2026)

This week, the Office of the United States Trade Representative invited public comment on foreign barriers to U.S. exports of goods and services and U.S. foreign direct investment for inclusion in the 2027 National Trade Estimate Report. . . . The deadline for submission of comments is October 29, 2026. To view the Federal Register Notice, click here.

(Source: The White House, 14 Sep 2026) [Excerpts]

Trade-Related Nominations Sent to the Senate:

(Source: Expeditors News, 14 Sep 2026) [Excerpts]

In a Cargo Systems Messaging Service (CSMS) bulletin published on September 11, 2026, U.S. Customs and Border Protection (CBP) provided guidance on the modifications to the Section 338 duties on certain Canadian goods.

These modifications were outlined in the "Modifying the Scope of Products of Canada Subject to the Additional Duties Imposed to Offset Canadian Discrimination Against the Commerce of the United States with Respect to Alcoholic Beverages and Motor Vehicles" Presidential Proclamation published on September 8, 2026.

This guidance reviews the chapter 99 headings and provides a list of classifications that will be subject to these Section 338 duties. The duty imposed by headings 9903.03.12 to 9903.03.14 will not apply to goods that are claimed under certain chapter 98 subheadings.

CBP also confirmed that manufacturing drawback claims shall be available on these Section 338 duties imposed under headings 9903.03.12 to 9903.03.14.

In addition, products entered into a Foreign Trade Zone (FTZ) that are subject to the duties imposed by the proclamation may only be entered under "privileged foreign status," unless eligible for admission under "domestic status", and will be subject to these Section 338 duties when entered for consumption.

CSMS # 69851916 is HERE.
The "Modifying the Scope of Products of Canada Subject to the Additional Duties Imposed to Offset Canadian Discrimination Against the Commerce of the United States with Respect to Alcoholic Beverages and Motor Vehicles" Presidential Proclamation is HERE.

(Source: FedEx Regulatory News, 14 Sep 2026) [Excerpts]

On September 7, 2026, the Canada Border Services Agency (CBSA) released Customs Notice 26-23, announcing the implementation of the United States Surtax Order (2026), effective September 8, 2026.

This order applies 15%, 25%, or 50% surtaxes on certain goods originating from the U.S. and are in response to the U.S. government imposing Section 338 tariffs on specified Canadian origin products imported into the U.S. from Canada.

In connection with the release of the new Order, the 25% surtax imposed under the United States Surtax Order (Steel and Aluminum 2025) has increased to 50% for aluminum and steel goods that are listed in Schedules 1.1 and 2.1 of the Order Amending the United States Surtax Order (Steel and Aluminum 2025).

These surtaxes are separate from regular customs duty and are in addition to any otherwise applicable duties and taxes; they are applied even when the imported goods are duty-free under the Canada-United States-Mexico Agreement (CUSMA).

FAQs:

(Source: Sandler, Travis & Rosenberg Trade Report, 15 Sep 2026) [Excerpts]. Contact: [email protected], 1-305-894-1035

The Office of the U.S. Trade Representative is seeking input by Oct. 29 for its annual report on significant foreign barriers to, or distortions of, U.S. exports of goods and services and U.S. foreign direct investment.

Comments may be submitted with respect to one or more of the categories of trade barriers listed below (which have been revised somewhat from the previous year, most notably by the addition of duty evasion, circumvention, and transshipment). USTR is particularly interested in practices that may violate U.S. trade agreements, new or updated information on the barriers covered in its 2026 report, and information on new barriers. . . . [Full article]

(Source: National Review, 11 Sep 2026) [Excerpts]

Firearms are among the most regulated goods in the United States, and certain firearms or firearm components have enhanced restrictions on their sale and use. Historically, silencers --- accessories that suppress the sound of a firearm --- were subject to strict export rules that governed items with substantial military applications. Those export rules were under the jurisdiction of the U.S. Department of State, but reform efforts are shifting exports of silencers to a different, and at time more permissive, export licensing regime.

Beginning November 20, 2026, most firearm suppressors will leave the State Department's export jurisdiction and move under the jurisdiction of the U.S. Department of Commerce. That change will occur when two interim final rules take effect implementing a 2025 executive order aimed at streamlining and expanding U.S. defense exports.

Specifically, the change traces back to Executive Order 14268, "Reforming Foreign Defense Sales To Improve Speed and Accountability," that President Trump signed on April 9, 2025. Among other things, the order directed the State and Defense departments to revisit the U.S. Munitions List (USML) so that it "focus[es] protections solely on our most sensitive and sophisticated technologies."

Acting on that directive, the State Department's Directorate of Defense Trade Controls (DDTC) and the Commerce Department's Bureau of Industry and Security (BIS) published companion interim final rules on July 23, 2026. Together, the rules remove most firearm silencers and sound suppressors from USML Category I(e) and add them to the Commerce Control List (CCL), placing them under the same licensing framework that already governs the underlying firearms. . . . [Full article]

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

Congressional Democrats are pressing the Commerce Department to explain why it gave the United Arab Emirates easier access to advanced U.S. technology despite concerns about diversion to China and President Trump's financial ties to Emirati investors.

In an Aug. 19 letter to Commerce Secretary Howard Lutnick, House Foreign Affairs Committee ranking Democrat Gregory Meeks of New York and Rep. Sydney Kamlager-Dove of California requested intelligence assessments, legal analyses, agency recommendations and agreements supporting the decision.

They also asked whether the White House directed the change; whether the State, Defense and Energy departments agreed with it; and whether Commerce officials discussed UAE export policy with President Trump's family or representatives of World Liberty Financial, the family's cryptocurrency company.

Senate Banking Committee ranking Democrat Elizabeth Warren of Massachusetts has sought similar records. She asked Commerce to explain why the UAE received favorable treatment even though it does not belong to the leading multilateral export-control regimes. She also questioned whether the Bureau of Industry and Security can prevent diversion when shipments move under license exceptions instead of individual licenses.

The inquiries concern a rule that took effect July 10. It removed the UAE from Country Groups D:3 and D:4 and added it to Country Group A:5, making more Export Administration Regulations license exceptions available.

. . . [Full article]

(Source: Sandler, Travis & Rosenberg Trade Report, 15 Sep 2026) [Excerpts]. Contact: [email protected], 1-305-894-1035

There are several strategies companies can use to mitigate, avoid, and lower customs duties and tariffs. These strategies are always a high priority for businesses involved in international trade, but particularly in today's volatile global economy.

This article is part of a series examining these strategies in more detail and covers first sale valuation, a proven tool that can be used to not only mitigate the impact of tariffs at present but also lower costs well into the future. If you would like to discuss this and other savings opportunities to determine if they might apply to your company, please contact STR.

Under the first sale rule, the dutiable value of a qualifying transaction may be based on the purchase price between the middleman/vendor and the manufacturer rather than the price paid by the importer to the middleman/vendor, resulting in a lower duty bill. . . .

The time-tested first sale rule helps ease the burden of these measures, particularly at a time when volatility in trade policy has left some traditional methods of lowering costs unavailable and is threatening to eliminate others.

Beyond the current trade tensions and economic uncertainty, however, first sale can also serve as a type of long-term annuity; i.e., even if additional tariffs expire, use of first sale valuation can, if properly maintained, continue to provide a lower declared value and thus reduce the regular duties assessed on a company's products.

At the same time, companies must take care to ensure compliance with first sale requirements. U.S. customs authorities are scrutinizing imports that use this methodology more closely as part of a broader increase in enforcement efforts. The key is to take proactive steps to ensure that multi-tiered transactions meet first sale requirements and that there are internal controls and procedures in place to sufficiently document compliance. . . . [Full article]

(Source: TLT Insights, 15 Sep 2026) [Excerpts]

Airbus Operations Limited (AOL), a UK division of Airbus, has paid more than £6.4 million to HMRC after admitting multiple breaches of strategic export controls, the highest compound settlement ever reached by HMRC for strategic export offences.

AOL self-reported the breaches, which occurred over a sustained period before November 2022, with HMRC confirming that the offences related to Airbus's failure to keep records of the export or transfer of controlled technology.

In its press release, HMRC emphasised that the UK operates a strict licensing regime and will not hesitate to take action, using a wide range of powers to ensure effective export controls and enforcement on military goods.

The announcement follows HMRC's decision in June to publicly name, for the first time, a firm (Petrofac Facilities Management Limited) in connection with a compound settlement, marking a significant shift in HMRC's approach to enforcement and transparency.

Regulatory framework: The primary legislation governing export controls is the Export Control Act 2002, which sets out powers to impose different types of export controls. Key secondary legislation includes:

HMRC is authorised to investigate and enforce compliance with export controls under the ECO 2008. Under the Customs and Excise Management Act 1979, goods involved in a breach may be forfeited and an exporter or agent found guilty on summary conviction faces a penalty of three times the value of the goods or level 3 on the standard scale, whichever is greater. . . .

Licensing regime: . . .

Airbus breaches: . . .

Key takeaways for exporters:

The Airbus case is a clear signal to exporters of the need to develop and maintain robust export control compliance procedures to meet their licence obligations. In particular:

(Source: Volkov Law, 15 Sep 2026) [Excerpts]

Part 1 of this series looked at what the Teligent and Regions Financial cases teach about escalation and response under Delaware's Caremark doctrine. In Part 2, we turn to the most significant recent Caremark development, the 2026 Boeing dismissal, and what the emerging doctrine means in practice for compliance officers building or defending an oversight program.

Boeing 2026: The Counterweight to Caremark's Expansion. The most significant recent Caremark development arrived in August 2026, in a new round of Boeing litigation. This case arose from the January 2024 Alaska Airlines 737 MAX 9 incident, in which a door plug separated from the aircraft mid-flight. Stockholder plaintiffs alleged that Boeing's directors and officers ignored numerous red flags involving manufacturing quality and airplane safety while pursuing production targets inconsistent with adequate safety and regulatory compliance. . . .

The Caremark question is more demanding than simply asking whether a board received negative information. It asks whether that information alerted directors to actual misconduct or a serious compliance threat requiring action, and whether directors then consciously disregarded that specific warning. A yellow flag isn't automatically a red flag, and evidence that management is actively investigating and responding to a problem can actually undermine, rather than support, an inference of bad faith. . . . [Full article]

(Source: Marie Nicolo)

(Source: Editor)

(Source: Brainy Quotes)

(Source: History Channel)

1916 -- Tanks were used in combat for the first time, by British forces at the Battle of the Somme during World War I.

1935 -- Nazi Germany adopted the Nuremberg Laws, stripping Jews of German citizenship and all civil rights.

25. Do You Need to Update Your Daily Bugle Profile?

(Source: Editor)

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26. 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.