BIS Asks for Comments on Extension of Foreign Policy-Based Export Controls
The Commerce Department’s Bureau of Industry and Security is asking for comments on whether to extend “foreign policy-based” controls in the Export Administration Regulations for calendar year 2016 (here). BIS has routinely extended these controls each January (see 14090311). The foreign policy controls in EAR parts 742 (Commerce Control List Based Controls), 744 (End-User and End-Use Based Controls) and 746 (Embargoes and Other Special Controls) cover products ranging from torture instruments to cameras used by military end-users. BIS is asking for comments in the following areas:
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- Information on the effect of foreign policy-based export controls on sales of U.S. products to third countries (i.e., those countries not targeted by sanctions), including the views of foreign purchasers or prospective customers regarding U.S. foreign policy-based export controls.
- Information on controls maintained by U.S. trade partners. For example, to what extent do U.S. trade partners have similar controls on goods and technology on a worldwide basis or to specific destinations?
- Information on licensing policies or practices by our foreign trade partners that are similar to U.S. foreign policy based export controls, including license review criteria, use of conditions, and requirements for pre- and post-shipment verifications (preferably supported by examples of approvals, denials and foreign regulations).
- Suggestions for bringing foreign policy-based export controls more into line with multilateral practice.
- Comments or suggestions to make multilateral controls more effective.
- Information that illustrates the effect of foreign policy-based export controls on trade or acquisitions by intended targets of the controls.
- Data or other information on the effect of foreign policy-based export controls on overall trade at the level of individual industrial sectors.
- Suggestions for measuring the effect of foreign policy-based export controls on trade.
- Information on the use of foreign policy-based export controls on targeted countries, entities, or individuals. BIS is also interested in comments relating generally to the extension or revision of existing foreign policy-based export controls.
Comments are due Oct. 14 through www.regulations.gov, docket number BIS-2015-0029.
(Federal Register 09/14/15)