BIS Announces Creation of "Deemed Export" Advisory Committee, Etc.
The Bureau of Industry and Security (BIS) has issued a notice in which it (1) announces the creation of a Federal Advisory Committee that will review and provide recommendations to the Commerce Department on deemed export policy; and (2) provides an overview of steps BIS has taken to improve understanding of deemed export policy within industry and academia.
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Deemed Export Advisory Committee Will Review Current Policy, Recommend Changes
According to BIS, the new Deemed Export Advisory Committee (DEAC) will review the current deemed export policy and determine whether to recommend any changes. BIS states that the DEAC's review will include, but not be limited to, the recommendations made in the Commerce Department's Office of Inspector General (OIG) report entitled "Deemed Export Controls May Not Stop the Transfer of Sensitive Technology to Foreign Nationals in the U.S" which was issued in March 2004.
The DEAC will consist of no more than 12 representatives from industry, academia, and other experts in the field who will be appointed by the Secretary of Commerce for a term of not more than one year. BIS states that the DEAC will convene as appropriate, but not less than quarterly.
According to BIS, those interested in serving on the committee should send a copy of his/her resume to Ms. Yvette Springer at Yspringer@bis.doc.gov by July 21, 2006.
No Changes to Regulations and Policies on Three Deemed Export-Related Issues at this Time
BIS notes that it has decided not to make any changes at this time to current regulations and policy on three issues - country of birth, the existing definition of "use" in the Export Administration Regulations (EAR), and the relationship of fundamental research to deemed exports.
BIS has Increased Enforcement Focus on Deemed Exports
According to BIS, there has been an increased enforcement focus on deemed exports. A number of cases involving violations of deemed export requirements have been concluded with criminal and civil penalties and BIS states that it will continue to pursue violations of the EAR's deemed export requirements to ensure U.S. national security is not compromised by unauthorized technology transfers to foreign nationals. In addition, BIS is collaborating with the Federal Bureau of Investigation on related enforcement issues through the National Security Higher Education Advisory Board.
FY 2006 Funding for Enhanced Deemed Export Control Initiative
BIS received funding in the FY 2006 budget to implement an Enhanced Deemed Export Control Initiative which will enable BIS to: (1) Process an increased volume of license applications in a timely manner, in order to ensure that U.S. entities are able to gain access to the expertise of foreign nationals who do not pose security concerns; and (2) ensure that U.S. entities are aware of and comply with U.S. deemed export license requirements through expanded outreach and enforcement activities. Both aspects are necessary to enhance U.S. national and economic security.
BIS to Address Comments from 2005 ANPR in Separate Notice
BIS states that a separate notice will specifically address the comments received in response to its March 28, 2005 Advance Notice of Proposed Rulemaking (ANPR) on the revision and clarification of deemed export related regulatory requirements.
(See ITT's Online Archives or 03/29/05 and 06/01/05 news, 05032925 and 05060125, for BP summaries of BIS' ANPR requesting comments on the OIG's recommended changes to the deemed export regulations.)
- comments may be submitted
BIS contact - Marcus Cohen (202) 482-2440, mcohen@bis.doc.gov.
BIS' deemed export frequently asked questions available at http://www.bis.doc.gov/policiesandregulations/index.htm.
BIS notice (FR Pub 05/22/06, D/N 060505121-6121-01) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-7778.pdf.)