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Upcoming Regulations on Defense Shipments, Wildlife Trade, Food Facilities, Product Safety

Wednesday, August 07, 2013
Sandler, Travis & Rosenberg Trade Report

Numerous federal agencies recently issued their semiannual regulatory agendas, which list proposed and final regulations affecting international trade that could be issued this year. Highlights of such rules from the departments of State, Justice and the Interior, the Food and Drug Administration and the Consumer Product Safety Commission include the following.

- a proposed rule that would replace the current CPSC regulations governing imports and add a new part dedicated solely to import procedures that would provide direction for the sampling, examination and detention of products; the presentation of testimony and evidence by claimants to those products in order to resolve the detention; and the refusal of admission of those shipments that are not in compliance (August)

- a final rule to amend the International Traffic in Arms Regulations provisions relating to brokers and brokering activities by clarifying registration requirements, the scope of brokering activities, prior approval requirements and exemptions, procedures for obtaining prior approval and guidance, and reporting and recordkeeping of such activities (September)

- a final rule extending the term of import permits for firearms, ammunition and defense articles from one year to two years (October)

- a proposed rule updating and clarifying policy related to temporary imports and exports made by or for a U.S. government department or agency (November)

- a proposed rule rewriting a substantial portion of the regulations on the importation, exportation and transportation of wildlife, including changes to the port structure and inspection fees (December)

- a proposed rule clarifying information required in food facility registrations, the Food and Drug Administration’s authority to require registrations to be submitted in an electronic format, requirements for biennial registration, and certain definitions (December)

- a proposed rule to ban powdered natural rubber latex and powdered synthetic latex surgeon’s and patient examination gloves (December)

- a proposed rule to require temporary import licenses only for those defense articles enumerated on the U.S. Munitions List-Import (January 2014)

- a proposed rule to clarify the requirements for compliance with the Arms Export Control Act and the ITAR with regard to the maintenance of records and, when requested, the provision of such records to State’s Directorate of Defense Trade Controls (January 2014)

- a final rule establishing conditions under which a DDTC license is not required for the export or reexport of defense articles incorporated into an end-item that is subject to the Export Administration Regulations (April 2014)

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