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BIS Seeks Comment on Effects of Foreign Policy-Based Export Controls

The Bureau of Industry and Security is soliciting public comments on effects of current foreign policy-based export controls in the Export Administration Regulations (EAR), which will be included in a report submitted to Congress required under the Export Administration Act (EAA), BIS said (here). Comments must be filed by Oct. 8. “Foreign policy-based export controls” pertain to certain microprocessors for military end-uses and end-users, encryption items, and crime control and detection items, for example. Export controls maintained for foreign policy purposes require annual extension, and the EAA directs that a report must be sent to Congress whenever this occurs, BIS said. BIS is planning to extend the deadline for existing foreign policy-based export controls from January 2017 to January 2018, it said. Criteria considered in deciding whether to extend foreign policy-based export controls include compatibility of the controls with U.S. foreign policy objectives, whether the foreign policy objective of the controls can be achieved through negotiations or another way, and the ability of the U.S. to enforce the controls.

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BIS said it is especially interested in comments on the economic impact of nuclear proliferation controls, and is also seeking suggestions for better aligning foreign policy-based export controls with multilateral practice, for measuring the effects of such controls on trade, and for making multilateral controls more effective, among other things.

(Federal Register 09/08/16)