BIS Seeking Comments on Effects of Foreign Policy-Based Export Controls
The Bureau of Industry and Security is seeking public comment on the effect of current foreign policy-based export controls set forth in the Export Administration Regulations (EAR), BIS said. Comments are due by Oct. 7. Comments will help the agency determine whether to continue these export controls past their current January 2018 expiration to January 2019, and will be included in a report to be sent to Congress. Foreign policy-based export controls are outlined in EAR parts 742 (Commerce Control List-based controls), 744 (end-user and end-use-based controls), and 746 (embargoes and other special controls).
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Among the criteria BIS will use in determining whether to extend the controls is the likelihood that such controls will achieve intended foreign policy purposes, in light of other factors, including foreign availability of goods, software or technology proposed for such controls. Other criteria will include whether the foreign policy objective of such controls can be accomplished through negotiations or other means, and the compatibility of the controls with the foreign policy goals of the U.S. and overall U.S. policy toward the country subject to the controls. BIS said it is also “particularly interested” in comments on the economic impact of proliferation controls, including information on the effect of foreign policy-based export controls on sales of U.S. products to third countries, including the views of foreign buyers, information on controls maintained by U.S. trade partners, and information on licensing policies or practices by U.S. trade partners similar to U.S. foreign policy-based export controls, including license review criteria, use of conditions, and requirements for pre- and post-shipment verifications.
(Federal Register 09/07/17)