26-0921: Monday's "Export/Import Daily Bugle"

1. State Dept Waives Sanctions on Syria Under the Chemical and Biological Weapons Control and Warfare Elimination Act

(Source: 91 FR 58740, 16 Sep 2026)

* AGENCY: State

* ACTION: Notice

* SUMMARY: On June 30, 2025, the President determined pursuant to section 307(d)(1)(B) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (the Act), 22 U.S.C. 5605(d)(1)(B), that there has been a fundamental change in the leadership and policies of the Government of the Syrian Arab Republic and decided to waive all of the sanctions imposed on Syria over the Assad regime's use of chemical weapons against his own people except the restriction on arms sales and arms sales financing.
     On August 20, 2026, the Under Secretary for Arms Control and Nonproliferation determined that it was essential to the national security of the United States to waive these two remaining restrictions.
     Pursuant to Section 307(d) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5605(d)), on August 20, 2026 the Under Secretary of State for Arms Control and International Security determined it is essential to the national security interests of the United States to waive the application of the following sanctions on Syria:
     (1) Arms Sales: Termination of (a) sales to Syria under the Arms Export Control Act of any defense articles, defense services, or design and construction services, and (b) licenses for the export to Syria of any item on the United States Munitions List.
     (2) Arms Sales Financing: Termination of all foreign military financing for Syria under the Arms Export Control Act.

* DATE: This notice is effective on September 16, 2026.

[Editor’s note: EAR and ITAR Amendments are still needed to reflect current Syria sanctions policy. Exporters, reexporters, and retransferors of Items controlled by the EAR or defense articles and services controlled by the ITAR should view the August 24 and September 16 announcements of sanctions removals actions as significant, but U.S. export licensing controls remain in place until the ITAR and EAR are amended.]

2. Future Federal Register (No items of interest.)

(Source: Future Federal Register)

3. CBP Cargo Systems Messages

(Source: DHS/CBP/CSMS)

     HSU 2624 contains Section 338 Canada updates.

     HSU 2623 contains Section 232 updates. For more information, please see CSMS # 69738151.

4. CBP Events in September 2026

(Source: OTR Webinars)

5. Commerce/BIS (Nothing new.)

(Source: Commerce/BIS)

6. DCSA: “DCSA and DIU Advance Faster Secure Access for Emerging Technology Companies”

(Source: Defense Counterintelligence and Security Agency, 21 Sep 2026)

     The Defense Counterintelligence and Security Agency (DCSA) is working with the Defense Innovation Unit (DIU) and other department partners to reduce barriers that can delay emerging technology companies from supporting national security missions.
     During a Sept. 10 panel discussion on closing the defense technology gap, DCSA Chief Operating Officer Blake Moore said the agency is shifting from a reactive security process to earlier, more direct support for companies that need to operate in classified environments. “DCSA can no longer be defined by how we say no,” Moore said. “We must be defined by how quickly we can say yes, securely.”
     Commercial companies can develop and successfully demonstrate promising technology, but still face obstacles before it can be integrated, tested and fielded. Common barriers include facility clearances, access to classified workspaces, cybersecurity accreditation and test infrastructure.
     The DIU Bridge program is designed to help companies move past post-contract challenges by coordinating support across the department. DCSA’s role is to help create trusted pathways that allow people, companies and technology to operate securely.
     For emerging technology companies, the process can be especially difficult. Many do not have dedicated security staff, cleared facilities, or prior experience navigating defense security requirements. DCSA is working with DIU and other partners to engage companies earlier and provide clearer points of contact.
     That approach includes dedicated navigators, white-glove support where appropriate, improved queue management and parallel processing of facility, personnel and infrastructure requirements. Rather than waiting for one requirement to be completed before starting the next, DCSA is aiming to advance multiple requirements at the same time. . . .
     DCSA is also advancing Classified Infrastructure as a Service, or CIaaS, to help companies gain secure access without having to build and accredit independent facilities. The model uses shared, accredited commercial infrastructure to reduce the cost and time associated with access to classified environments. “Shared, accredited infrastructure can give companies faster access to the classified environment,” Moore said.
     DCSA is also applying data, automation and artificial intelligence-enabled tools to support work such as entity vetting and due diligence. Moore emphasized that technology supports but does not replace human judgment.
     “AI does not make our adjudicative decisions,” Moore said. “It finds records. It matches information. It flags risk.” Every output must be traced to a source record, he said, and a person remains accountable for each determination.
     Through its partnership with DIU and other department stakeholders, DCSA is helping to ensure that security and access processes enable mission delivery while preserving the standards necessary to protect people, information and technology.

7. DSCA Posts Guidance for Separate Case Lines for Defense Articles and Defense Services for FMS

(Source: Defense Security Cooperation Agency)

     DSCA has posted Policy Memo 26-30, “Separate Case Lines for Defense Articles and Defense Services for Foreign Military Sales and Building Partner Capacity”.
     This memorandum clarifies policy requirements for the transfer of defense articles and defense services through separate lines in a Letter of Offer and Acceptance (LOA) to ensure that case execution complies with import and export regulations. The International Traffic in Arms Regulations (ITAR) Section 126.6 (22 CFR 126.6) states that defense articles, technical data, or defense services may be transferred under the Foreign Military Sales program without a license from the Department of State, Directorate of Defense Trade Controls as long as it is specifically identified in an executed LOA. This memo updates:

8. State/DDTC Amends ITAR to Clarify ITAR Policies of Denial, Update Country Policies, and Correct Minor Textual Errors

(Source: State/DDTC)

     On September 18, 2026, the Department published a final rule (FR Doc. 2026-19161) in the Federal Register amending the ITAR to clarify certain ITAR § 126.1 provisions, add Saudi Arabia and Peru to the ITAR’s major non-NATO ally list, and make other minor corrections and clarifications, including:

     View the Federal Register notice here.

9. White House Executive Actions: (No items of interest.)

(Source: The White House)

10. Expeditors News: “USTR Requests Comments for 2027 National Trade Estimate Report”

(Source: Expeditors News, 18 Sep 2026) [Excerpts]

     In a Federal Register Notice (FRN) published on September 14, 2026, the Office of the United States Trade Representative (USTR) requested public comments for the 2027 National Trade Estimate Report (NTE Report).
     The NTE Report is published each year to assist in “identifying significant foreign barriers to, or distortions of, U.S. exports of goods and services and U.S. foreign direct investment.” USTR is requesting comments on a range of topics, including import policies, technical barriers to trade, intellectual property protection, and anticompetitive practices.
     Comments must be submitted by Thursday, October 29, 2026, at 11:59 p.m. EDT through the Federal eRulemaking Portal at http://www.regulations.gov/.
     FRN # 2026-18775 is HERE.

11. Kulu: “US Formally Removes Ethiopia from Tigray-War-Era Arms Restrictions”

(Source: Kulu Media (Ethiopia), 19 Sep 2026) [Excerpts]

     A final rule published by the U.S. Department of State on September 18, 2026 removes Ethiopia’s country-specific provision from Section 126.1 of the International Traffic in Arms Regulations, or ITAR. The regulatory change took effect the same day.
     According to the U.S. State Department final rule, Ethiopia’s entry is being removed to implement a policy determination made by the Secretary of State on February 5, 2026, terminating the policy of denial for licenses and other approvals involving defense articles and defense services destined for Ethiopia’s armed forces, police, intelligence agencies and other internal security forces.
     The September 18 action does not mean Washington first lifted the restriction this week. The policy change had already been announced earlier in 2026, with applications involving Ethiopia moving to case-by-case consideration.
     The latest rule formally incorporates that decision into the ITAR regulations by removing Ethiopia’s country-specific provision. . . .

12. Space News: “Space Development Agency Opens $369 Million Competition for Missile-Tracking Ground Network”

(Source: Space News, 21 Sep 2026) [Excerpts of subscription publication]

     The Space Development Agency is seeking industry proposals for a contract worth up to $369 million to expand the worldwide ground infrastructure supporting its constellation of low Earth orbit missile-warning and tracking satellites. . . . [Continue]

13. ST&R Trade Report: “The Week Ahead: Tariff Refunds, Detentions and Seizures, Mail Shipments”

(Source: Sandler, Travis & Rosenberg Trade Report, 21 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 in the next week.

14. WTTL: “President Imposes Canadian Import Bans, Revises 50% Tariffs as Trade Dispute Escalates”

(Source: Washington Tariff & Trade Letter, 21 Sep 2026) [Excerpts of subscription publication]

     The White House escalated its trade dispute with Canada on September 9 by announcing import bans on specified Canadian alcohol, dairy products and large motorcycles, while revising the Canadian goods subject to 50% ad valorem duties under Section 338 of the Tariff Act of 1930. The measures convert selected products from a 50% duty to an outright import prohibition and modify the remaining tariff coverage.
     The bans take effect September 29, while additions to and removals from the 50% tariff lists take effect September 15. For importers, the distinction is material: a prohibited product cannot enter the United States upon payment of additional duties.
     President Trump signed five proclamations on September 8 after Canada’s counter-tariffs on C$27.6 billion—about US$20 billion—of U.S. goods took effect that day. Canada imposed duties of 15%, 25% and 50% in response to U.S. Section 338 tariffs that took effect August 22.
     According to the White House fact sheet, the new U.S. measures cover three categories:

     The product scope is governed by the Harmonized Tariff Schedule provisions in the proclamations’ annexes, not by their general descriptions. The White House published separate annexes for alcohol, dairy and related products, and motorcycles.
     The bans apply to covered goods imported on or after 12:01 a.m. Eastern time on September 29. Goods imported before that date but not entered for consumption or withdrawn from warehouse remain subject to the applicable 50% duty.
     Each proclamation also provides that the 50% duty will be revived if a court invalidates the corresponding import ban.

15. Baker/McKenzie: “US President Signs Russia and Iran Sanctions Bill with New Tariff Powers”

(Source: Global Sanctions and Export Controls Blog, 21 Sep 2026) [Excerpts]

* Principal Author: Kerry B. Contini ; Baker McKenzie

     It has been a long journey since Senator Lindsey Graham introduced an earlier version of the bill in the Senate in April 2025. After Senator Graham passed away in July, a new Russia sanctions bill was introduced bearing his name, the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 (the “Act”). The new bill had broad bipartisan support and at first it seemed as though it would quickly sail through Congress. However, questions arose after President Trump pushed to add Iran sanctions provisions to the bill and when some legislators raised concerns about giving President Trump new tariff authorities. Ultimately, the bill passed in the House on September 16 with a vote of 262-159 after passing in the Senate on August 7 with a resounding 86-11 vote. The final House vote included 58 Democrats voting in favor of the bill and only 7 Republicans voting against it.
     Other than extending certain Iran sanctions authorities, the bulk of the Act focuses on Russia. The Act provides the President with the authority to impose tariffs on goods imported from countries that are top purchasers of Russian energy products or that enable evasion of Russian sanctions. The Act also authorizes and even requires sanctions against various parties supporting Russia’s war against Ukraine and engaged in certain business activities in Russia, with a particular focus on the Russian financial sector. Some of these parties and activities were already subject to sanctions imposed under Executive Order or other authorities – the Act codifies these sanctions to make them more difficult to relax later.
     The Act provides that most of its measures are to be imposed within 30 days of enactment, i.e., by October 18, 2026. The Act frames many of its measures as mandatory, meaning that the President must implement the measures where the circumstances described in the Act are determined to be present. That said, this involves fact-finding and interpretation; moreover, the Act gives the President the authority to waive any measures that are determined to be in the national interest of the United States. This means that we will need to see how the Act is implemented and enforced in practice.
     We break this down in more detail below: . . . [Continue]

16. China Global: “Export Controls are Turning Southeast Asia’s Open Trade into a Liability”

(Source: China Global South Project, 21 Sep 2026) [Excerpts]

* Author: Bruce Leeds, Braumiller Law Group, PLLC

Key Takeaways:

     A Singapore-based firm has become the first shipping intermediary investigated in Washington’s crackdown on chip smuggling to China, a sign that enforcement is tightening its grip on the open trade that has long enriched Southeast Asian economies.
     Companies have found numerous ways to circumvent Washington’s export controls—from using fraudulent shipping labels to renting access to banned chips through overseas data centers. . . .
     While the Commerce Department’s Bureau of Industry and Security has maintained guidance on export control compliance for freight forwarding entities since 2024, he said that this is the first time an investigation related to chips has occurred.
     Chip export controls have created a bind for Washington, according to Kyle Chan, a fellow at the John L. Thornton China Center at The Brookings Institution. “Tightening enforcement would require far more resources and impose costs on third countries. Given the difficulty of the challenge, the question is whether the additional effort and costs are worth it,” he said. . . /.

17. ECD: “BIS Could Control Remote Access to Chips Without Traditional Rulemaking, Lawyer Says”

(Source: Export Compliance Daily, 21 Sep 2026) [Excerpts of paywall publication.]

     The Bureau of Industry and Security could begin controlling remote access to advanced chips without issuing a set of new export regulations, and it may do so even as related legislation in Congress remains stalled, panelists said during a recent American Bar Association event.

18. Sheppard: “Revolutionary FAR Overhaul (RFO) Update: Second Batch of Proposed Rules Released”

(Source: Global Trade Law Blog, 18 Sep 2026) [Excerpts]

* Principal Author: Nikole Snyder, Sheppard, Mullin Richter & Hampton LLP

     On September 18, 2026, the Revolutionary FAR Overhaul (“RFO”) continued its rulemaking phase with the release of a second batch of four proposed rules (the “Proposed Rules”). Collectively, the Proposed Rules cover an additional 16 parts of the FAR (plus associated Part 52 clauses). The Proposed Rules are available here: FAR Case 2026-003, FAR Case 2026-006, FAR Case 2026-010, and FAR Case 2026-011. Comments for all four New Proposed Rules are due by October 19, 2026.
     Where Are We In The RFO Process? With the June 23, 2026 publication of the first four proposed rules in the Federal Register (see our blog here), we entered Phase 2 of the RFO process – the official rulemaking phase – where the FAR Council will eventually publish all FAR Parts as proposed rules, solicit feedback from industry, and then issue final rules. The RFO Phase 2 rule-making process has been organized in 12 FAR Cases. The second batch of four proposed rules was released last night, continuing that process. If you’re keeping score, for proposed rules: 8 FAR Cases down, 4 to go.
     Overview of The Second Four Proposed Rules. So, what do these next four Proposed Rules cover? We’re glad you asked! Below we provide a high-level overview of what is covered in each Proposed Rule, and here’s a handy table:
. . . [Continue]

19. FD Associates Presents: "ITAR for the Empowered Official” Workshop Webinar 13 October

(Source: Jenny Hahn, [email protected])

* What: “ITAR for the Empowered Official” workshop webinar

* Where: At Your Computer

* When: 13 October 2026 (Tuesday), 9am – 1pm Eastern

* Summary: Only one of its kind! Overview of responsibilities of ITAR Empowered Officials including requirements for making ITAR 126.13 and ITAR Part 130 certifications on licenses and agreements. Discussion of the role of end use/end user statements.

* Presenter: Jenny Hahn, President, FD Associates

* Sponsor: FD Associates, Inc

* Register: HERE. Fourth participant from same company is free. For more information call 703-847-5801 or email HERE.

20. List of Export/Import Job Openings

(Source: Editor)

RECENT:

FULL LIST:

21. Jim Bartlett: “Big Changes to the ITAR”

(Source: James E. Bartlett, Full Circle Trade Law, PLLC, 18 Sep 2026)

     Friday, 18 September, was a big day for ITAR amendments. Two notices were published in the Federal Register. One group of amendments was effective when published; the other will go into effect on 19 October. (As of this morning, GPO’s e-CFR had not yet been updated to contain the amendments, but they are contained in the 18 Sep 2026 edition of the BITAR.) Here’s a list of the 18 September amendments:

91 FR 59059 (Sep 18, 2026) amended numerous sections to clarify policy-of-denial provisions; update country policies for Ethiopia and Somalia; add Saudi Arabia and Peru to the major non-NATO ally list and make miscellaneous corrections:

Part 120:

§ 120.15(c) - Exemptions

§ 120.23(b)(2) - Organizations and arrangements

Part 123:

§ 123.16(a) - Exemptions of general applicability

Part 125:

§ 125.4(a) - Exemptions of general applicability

§ 125.4(b)(10)

Part 126:

§ 126.1

§ 126.5(b) - Canadian exemption

§ 126.5(d) - Canadian exemption

91 FR 59063 (Sep. 18, 2026) (effective Oct. 19, 2026), amended § 121.1 Cat. XX(a) to remove certain uncrewed underwater vehicles from the USML. Unlike 91 FR 59059, which amended numerous ITAR sections, 91 FR 59063 was a narrowly targeted amendment affecting only USML Category XX(a) within § 121.1. This rule amended the following subsections:

USML Category XX(a)(9)

USML Category XX(a)(10)

USML Category XX(a)(11)

The preamble also discusses the license exemption at § 126.9(u) and solicits comment on possible future revisions to that exemption, but the rule expressly states that § 126.9(u) was not amended by this rulemaking.

ITAR practitioners need an updated copy of the ITAR that also contains histories of sections, practice tips, DDTC FAQs, and appendices containing all consent agreements and a huge Index for easy topic location. There is such a publication: Bartlett’s Annotated ITAR (“The BITAR”) is a Word document you can download to your laptop, and continue downloading new editions every time the ITAR is amended. It contains the always-current ITAR text plus over a thousand essential footnotes. Subscribe to the BITAR here.

23. Bartlett's Unfamiliar Quotations

(Source: Editor)

24. 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.