26-0917: Thursday's "Export/Import Daily Bugle"

(Source: 91 FR 58843, 58840, and 58846, 17 Sep 2026)

(Source: 91 FR 58909, 17 Sep 2026)

(Source: Future Federal Register)

(Source: DHS/CBP/CSMS)

(Source: OTR Webinars)

(Source: Commerce/BIS)

(Source: Defense Counterintelligence and Security Agency, 17 Sep 2026)

Foreign intelligence entities continued to target the U.S. cleared defense industrial base through expert outreach, employment-related approaches, commercial activity and cyber operations, according to a new report released by the Defense Counterintelligence and Security Agency (DCSA) on Sept. 17, 2026.

The 2026 annual report --- Targeting U.S. Technologies: A Report of Threats to Cleared Industry --- examines foreign attempts during fiscal year 2025 to gain unauthorized access to sensitive and classified information and technology held by cleared industry and academia. DCSA received more than 22,000 suspicious contact reports during the period and identified roughly 2,900 incidents involving foreign entities seeking sensitive information or technology.

The report identifies exploitation of experts as the most frequently reported method of operation, accounting for 28 percent of incidents. Foreign entities often sought access to cleared subject matter experts, researchers, and technical personnel to obtain specialized knowledge. Email remained the most common method of contact at 30 percent, followed by academic résumé and web form submissions.

The most frequently targeted technology categories: Services and Other Products, Electronics, and Aeronautic Systems accounted for 41 percent of reporting. Foreign entities also pursued emerging and enabling technologies, including artificial intelligence-enabled software, unmanned aircraft systems, telecommunications, advanced electronics, modeling and simulation, and restricted satellite imagery.

The report describes how foreign entities use seemingly routine professional and commercial channels --- including paid expert consultations, talent recruitment, conference invitations, résumé submissions, supplier relationships, partnership proposals, and direct technology requests --- to seek access to protected information. It also notes that cyberactors continue to target public-facing websites, contractor networks, and organizational points of trust. . . .

(Source: Defense Security Cooperation Agency)

DSCA has posted Policy Memo 26-113 Updates to the Status of Active Policy Memos. This memorandum updates the status marks and comments displayed at the top of every policy memo on the DSCA Security Assistance Management Manual (SAMM) website to indicate which guidance is current.

(Source: State/DDTC, 17 Sep 2026)

The following persons have been appointed by the Assistant Secretary of State as members of the Defense Trade Advisory Group (DTAG) for the 2026-2028 term:

(Source: Treasury/OFAC, 17 Sep 2026)

Update to OFAC's list of Specially Designated Nationals (SDN) and Blocked Persons. The SDN list has recently been updated. Visit this page to access the latest version of the SDN list.

(Source: The White House)

(Source: Breaking Defense News, 17 Sep 2026) [Excerpts]

Northrop Grumman wants to expand its market share as a supplier to munitions providers, with ongoing discussions about increasing its work on eight different weapons programs, its chief executive said today.

"We are taking this opportunity to work with partners we have not worked with before, show them the products we have, and define what our path is to gaining share on those weapons," Northrop CEO Kathy Warden told investors at the Morgan Stanley conference today. "There are 10 agreements --- about eight weapons --- that we are in active discussions with various primes on."

Warden added that those discussions span from Northrop's role as a provider of solid rocket motors to other components such as seekers, cases, nozzles and fuses.

The Pentagon has made boosting munitions production a key acquisition priority, while also pushing the defense industry to make larger investments in the facilities and equipment needed to scale up weapons manufacturing.

To induce those investments, the department has entered into roughly a dozen framework agreements with companies. Northrop announced its first such agreement with the Pentagon in August, which will see the company emerge as a second source of solid rocket motors for the Patriot's PAC-3 missile as well as scaling up component production for PAC-3 and THAAD.

Lockheed CEO Jim Taiclet, appearing earlier in the day, also touched on the question of the budget. And like Warden, he downplayed concerns, noting the timing of a budget agreement "[does] not affect our overall business that much" due to the lengthy backlog of orders at the world's largest defense firm.

However, he added that congressional action is needed to fund the munitions production agreements, which for Lockheed includes deals for PAC-3, THAAD interceptors, and the Precision Strike Missile.

(Source: Expeditors News, 16 Sep 2026) [Excerpts]

In a Federal Register Notice (FRN) published on September 3, 2026, U.S. Customs and Border Protection (CBP) announced that it was holding the next quarterly Commercial Customs Operations Advisory Committee (COAC) Committee on Wednesday, September 23, 2026, from 1:00 p.m. to 5:00 p.m. Eastern Daylight Time (EDT).

The COAC meeting will be open to the public via webinar. The webinar link will be posted by 5:00 p.m. EDT on September 22, 2026, HERE. Comments can be submitted by 5:00 p.m. EDT on September 18, 2026, via email or the Federal eRulemaking Portal.

FRN # 2026-18094 can be found HERE.

(Source: Sandler, Travis & Rosenberg Trade Report, 17 Sep 2026) [Excerpts]. Contact: [email protected], 1-305-894-1035

The House of Representatives approved Sept. 17 legislation (H.R. 5334) that grants the president additional authority to impose import tariffs. The Senate passed the bill Aug. 7, and President Trump is expected to sign it into law shortly.

The bill requires the president to (1) increase tariff rates on virtually all imports from Russia to as much as 500 percent and (2) impose up to 100 percent tariffs on goods imported from (a) countries that knowingly made new purchases of Russian oil or gas on or after the date that is 30 days after the bill's enactment, (b) the world's top five purchasers of Russian oil or gas (with an exception for countries importing less than 15 percent of Russia's oil and gas exports and taking significant steps to reduce those imports), or (c) the top five facilitators of Russian oil sanctions evasion. . . .

The above actions must be taken within 30 days of the bill's enactment. However, the president may waive the tariffs if doing so is deemed to be in the national interest. Also effective 30 days after enactment, the bill prohibits the export, re-export, or in-country transfer to or in Russia of any energy product produced in the U.S.

(Source: Sandler, Travis & Rosenberg Trade Report, 17 Sep 2026) [Excerpts]. Contact: [email protected], 1-305-894-1035

The United Steelworkers union has asked U.S. Trade Representative Jamieson Greer to call for the initiation of a Section 201 investigation "to limit tire imports, develop relief measures that will strengthen the sector, and save domestic jobs and production."

The letter alleges that U.S. tire production has declined by about 40 percent since 2000 as "imports have eaten away at our market" and "multi-national firms execute long-term strategies to offshore and divest from their American workers." . . .

The union urges relief in the form of "graduated import limits and measures to retain and grow production through capital costs, preferential procurement strategies, and other measures." The union wants this relief to apply to passenger vehicle and light truck tires, truck and bus tires, off-road tires, and aircraft tires.

(Source: Global Sanctions and Export Controls Blog, 17 Sep 2026) [Excerpts]

On August 20, 2026, the White House released the National Security Science and Technology Strategy ("NSSTS"), which establishes the Trump administration's framework for maintaining US technological leadership and protecting critical and emerging technologies. The NSSTS is organized around four pillars: (1) focusing techno-strategic competition, (2) building technological resilience, (3) accelerating innovation, and (4) protecting national security science and technology.

For sanctions, export controls, investment screening, and data security practitioners, Pillar 4 (Protect National Security S&T) is likely the most notable aspect of the NSSTS. The Trump administration signals its intention to continue using an increasingly integrated set of tools, including export controls, foreign investment review mechanisms, research security measures, and restrictions on data transfers to countries of concern, to prevent foreign adversaries from obtaining access to sensitive US technologies, know-how, and data. . . .

(Source: Sandler, Travis & Rosenberg Trade Report, 17 Sep 2026) [Excerpts]. Contact: [email protected], 1-305-894-1035

In the Sept. 9, 2026, Customs Bulletin and Decisions, U.S. Customs and Border Protection is proposing to revoke ruling NY N352477 regarding the country of origin of outdoor split air conditioning units. Comments on this proposed change are due by Oct. 9.

The units at issue consist of a chassis that encloses a compressor, a condenser, a motor, a fan, a printed circuit board, and valves. Each unit is designed to be paired with a separately imported indoor unit to produce a system that heats and cools spaces. The final assembly of each unit occurs in Thailand using components from China and subassemblies produced in Thailand.

In ruling NY N352477 CBP determined that the components from China were not substantially transformed during the final assembly process in Thailand and that the country of origin of the outdoor units was therefore China. CBP explained that the steps that occur during the final assembly process are not complex, as they consist of processes such as screwing, bolting and welding. However, CBP now finds that the operations performed in Thailand do substantially transform the foreign components. . . .

(Source: Volkov Law, 17 Sep 2026) [Excerpts]

Hiring someone to investigate misconduct isn't always going to save your board. The line between bad management and bad faith just got real.

Here's a question every board member should be losing sleep over: when does a board's failure to catch corporate misconduct cross the line from bad management into an actual breach of fiduciary duty?

Delaware just gave us two new answers, and they cut in different directions. First, Teligent, a pharma company, an FDA compliance meltdown, and a court that let claims proceed against directors and two officers because the complaint showed information and mounting regulatory problems never made it to the people who could act on it.

Second, Regions Financial case. A whistleblower sent the board a complaint about allegedly illegal overdraft fee practices back in 2019.

The board hired an investigator. Good so far, but the company didn't stop the practices until 2021, and a $191 million CFPB consent order was imposed.

Delaware let the claims proceed here too.

Here's the lesson from both: escalation isn't enough. Investigating isn't enough. The board has to actually understand what it found and actually fix it.

Stay tuned. Tomorrow I'll tell you about the case that shows the other side of this coin.

Source: Skill Dynamics (previously Content Enablers)

(Source: Editor)

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(Source: History Channel)

1787: On September 17, 1787, the Constitution of the United States of America was signed by 39 delegates present at the conclusion of the Constitutional Convention in Philadelphia. Supporters of the document waged a hard-won battle to win ratification by the necessary nine out of 13 U.S. states. This date is now observed as Constitution Day.

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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.