Feb 10 Materials TAC Meeting Discuss MEMS, Controls Language, Etc.
The Bureau of Industry and Security's Materials Technical Advisory Committee held a partially open meeting on February 10, 2011. The agenda for the open session included a presentation on the High Performance Fiber Council, a report by the Composite Working Group and Export Control Classification Number (ECCN) Review Subgroup.
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Regs Must Keep up with MEMS Tech, but Over-control Could Push it Overseas
The export control working group stated that its members discussed USML Category 7, inertial sensors, and inertial units at a January 20, 2011 meeting. The group stated that micro-electro-mechanical systems (MEMS) technology is now moving quickly and that, just as with semiconductors and information technology, regulations must keep up with such developments. The working group is facing an issue of over-controlling capability that is available worldwide, which could push technology offshore.
The working group stated that it is trying to identify and set reasonable performance limits on what are still principally military items, and not items that are mainly going into consumer electronics. The working group is looking to present a white paper to describe what control parameters need to be changed and will be setting the table for a five year walking window.
Definitions Are Needed that Distinguish Consumer Items from Controlled Goods
The working group stated that it is following up on changes to a number of terms that have been introduced to export controls. The group stated that there has been confusion on how to apply some of the language in the controls, as certain sections have multiple definitions for items that aren't very different from each other in terms of their technology. Some of the equipment listed in the controls show up in different forms, and because such technology is making its way into the daily lives of people, (e.g. automotive equipment, personal equipment, personal navigation, etc.), these terms need to be defined because some of the technology that's associated with it can also be controlled.
The group states that most items don't even have definitions and that it aims to clean up the controls' language. Specifically, the working group states that they will focus on finding how changes to the language of the controls pose problems with other control regime members.
Automatic Flight Control Systems Proposals Met with Resistance in Comments
The working group stated that adverse comments on the 2010 export control reform proposals pertaining to automatic flight control systems (AFCS) were received. The group decided to start with clean sheet, by first defining what an AFCS is and then identifying the subset of attributes of technology considered to be nonmilitary and which are considered crown jewels. They stated this was a new approach, but that it making good progress. Several working group members now have a fairly large list of attributes of the system, and will begin to highlight the attributes that are military specific to propose a subset that are "crown jewels". A proposal on AFCS should be ready for consideration next year.
FR Notice Specific to License Exception STAs May be Published this Spring
Most recently, the composite group has been working on Department of Commerce notices on tiering and ECCNs to figure out specifics to foreign availability, different materials, how things are tiered, and what items are eligible for the License Exception Strategic Trade Authorization (STA). The working group noted that a Federal Register final rule notice specific to the STA should be published in the next coming months.
(See ITT's Online Archives or 12/09/10 news, 10120914, for BP summary on BIS proposed rule for new Export License Exception STA for low-risk items, destinations.)