The Department of Defense¹ has issued a final rule, effective December 2, 2011, amending the Federal Acquisition Regulation to revise the prohibition on contracting with entities that conduct restricted business operations in Sudan. The final rule adds criteria that a government agency must address when applying to the President for a waiver of the prohibition on awarding a contract to a contractor that conducts restricted business operations in Sudan. The rule also describes the consultation process the Office of Federal Procurement Policy (OFPP) will use in support of the waiver request review.

On November 3, 2011, the Office of Foreign Assets Control removed one container vessel from its "Specially Designated Nationals" List. The removed vessel is Mekong Spirit container ship, Cyprus flag (Hafiz Darya Shipping Company) [NPWMD]. In addition, changes have been made to the entry for the Islamic Republic of Iran Shipping Lines (aka IRI Shipping Lines, aka IRISL, aka IRISL Group) (Tehran, Iran)[NPWMD]. SDNs are (i) individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries or (ii) individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. The assets of listed SDNs are blocked and U.S. persons are generally prohibited from dealing with them.

On November 1, 2011, the Office of Foreign Assets Control has added one individual and removed another from its "Specially Designated Nationals" List. Mali Khan (aka Madi Khan) of Afghanistan [SDGT] has been added and Shamil Salmanovich Basayev of Russia [SDGT] has been removed. SDNs are (i) individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries or (ii) individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. The assets of listed SDNs are blocked and U.S. persons are generally prohibited from dealing with them.

The State Department has issued a final rule, effective November 4, 2011, that amends 22 CFR 123.22(c) of the International Traffic in Arms Regulations (ITAR) to no longer require the return of certain expired electronic DSP-5 licenses. State believes that this change will reduce the administrative burden on applicants.

The State Department has issued a final rule, effective November 4, 2011, that amends the International Traffic in Arms Regulations (ITAR) to reflect modifications to the United Nations Security Council arms embargo of Libya adopted in September 2011.

The DDTC is reminding interested parties that the Defense Trade Advisory Group will meet on November 9, 2011 in Washington, DC. Topics to be discussed are: the process to transfer articles from the USML to the CCL; definitions for "public domain" in the ITAR and "publicly available" in the EAR to determine if it is possible to develop a single term and definition that would be applicable to both regulations; and the "single form" proposed to replace all existing State, Treasury and Commerce license applications. Agenda topics will be posted on the Directorate of Defense Trade Controls’ website (www.pmddtc.state.gov) approximately 10 days prior to the meeting. Persons wishing to attend the meeting must notify the DTAG by close of business, November 4, 2011.

The Census has issued AES Broadcast #2011055 stating that every time a User logs on to AESDirect, a timer is activated. The timer measures how many times users access their account. AESDirect Accounts that are not accessed for more than 30 days will be deactivated. Starting Monday, October 31, 2011, warnings will be e-mailed to users who have not accessed their account for more than 25 days. Keep in mind; you do not need to send a shipment. Simply log in to re-start the timer. You will receive a reminder email each day after the 25th day until either until you log in to the account or the account is locked out on the 30th day. AES contact: (800) 549-0595, select option 1 for AES. Send email to documents@brokerpower.com for broadcast and sample email.

The Bureau of Industry and Security has announced that the Materials Technical Advisory Committee will hold a partially open meeting on November 17, 2011. The agenda includes remarks from BIS senior management, a report on the Composite Working Group and other working groups, a discussion of proposed changes to Select Agent List and program, a report on regime-based activities, etc. The open session will be accessible via teleconference to 20 participants on a first come, first serve basis.

The Department of Defense¹ has issued an interim final rule, effective November 2, 2011, that amends the Federal Acquisition Regulation (FAR) to expand on the requirements of section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA) by adding a “representation” requirement.

The Department of Defense¹ has adopted as final, with minor changes, a September 29, 2010 interim rule that amended the Federal Acquisition Regulation (FAR) to implement section 102 and to codify section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA²). The final rule is effective November 2, 2011.