BIS Requests Comments on Effects of Foreign Policy-Based Export Controls

Posted by Juana Escobar on 9/10/12 4:56 PM

In a Federal Register notice published on September 7, 2012, the Bureau of Industry and Security (BIS) issued a request for comments on the effects of current foreign policy-based export controls in the Export Administration Regulations (EAR), as part of Section 6 of the Export Administration Act (EAA), which requires BIS to consult with U.S. industries on the effect of these regulations, and to report them back to Congress.

The notice explains that "Under the provisions of section 6 of the EAA, export controls maintained for foreign policy  purposes require annual extension. ... In January 2012, the Secretary of Commerce, on the recommendation of the Secretary of State, extended for one year all foreign policy-based export controls then in effect. BIS is now soliciting public comment on the effects of extending the existing foreign policy-based export controls from January 2013 to January 2014."

Some of the criteria items listed on the notices, used to determine whether or not to extend the export controls include:

  • The likelihood that such controls will achieve their intended foreign policy purposes
  • Whether the foreign policy objective of such controls can be achieved through negotiations or other alternative means
  • The compatibility of the controls with the foreign policy objectives of the United States and with overall U.S. policy toward the country subject to the controls
  • The comparative benefits to U.S. foreign policy objectives versus the effect of the controls on the export performance of the United States
  • The ability of the United States to effectively enforce the controls

All comments must be received by October 9, 2012.

The full text you the notice is available online here.

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