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Functional Areas of an Export Control System

The Bureau of Industry and Security conducts technical exchanges in five functional areas where Commerce has primary responsibility:

Legal Foundation and Regulatory Development

Legislation establishes a country's authority to control exports. Within the country's government structure, regulations specify the responsibilities and processes for executing the legislation.

Licensing Procedures and Practices

Licensing procedures and practices assist licensing officers to make decisions on individual export license applications by exporters.

The technical requirements for licensing decisions, industry consultation, and policy considerations

Preventive Enforcement Mechanisms

Export enforcement techniques are employed to minimize the risk of diversion of U. S. products and technologies and to thwart illegal acquisition of U. S. goods.

Government - Industry Relations

BIS officials and industry representatives explain how government and business can work together. Industry participation is critical for effective and efficient functioning of all aspects of national export control systems including licensing and enforcement areas. BIS experts conduct courses on Industry Relations in Government Export Control awareness programs. BIS organizes technical exchanges on industry internal control programs. These technical exchanges provide a business perspective on export controls and explains why voluntary industry compliance with controls is essential for effective export controls. Courses topics address:

Program Administration and System Automation

Program Administration involves senior level BIS officials and their interagency counterparts, working closely with target countries to develop two to three year cooperation plans designed to indigenize export control system know how and capabilities.

Utilization of modern systems automation technology is critical to the cost effectiveness of any licensing system.

BIS automation experts lead automation system technical exchanges and assist countries to automate their export control licensing administration functions, in cooperation with a country's export control senior officials.

Interaction Phases

The OIP team interacts with countries through four distinct phases: Phase 1, Phase 2, Phase 3, Phase 4. Interagency cooperation is required for each phase.

Phase 1: Establish political interest and commitment with senior/executive policy makers

Phase 2: Develop a work plan and infrastructure through a series of government and technical exchanges with senior and mid-level managers in cognizant ministries

Phase 3: Conduct hands-on, interactive training with supervisory and first-line licensing officers, and enforcement agents and export control program experts as part of Indigenization

Phase 2 and Phase 3 focus on the five specific functional
areas of export control, each of which is equally important
to the establishment of effective export control systems.

Phase 4: Achieve phase-out, with minimal maintenance provided through software upgrades, as appropriate, and invitation to participate in annual reviews, technical exchanges, or symposium/update programs.

Interagency Participation: Interagency members participate with the OIP team throughout all of these phases in order to help to develop or strengthen the infrastructure necessary to effective export control systems and foster cooperation and adherence to internationally-recognized control regime guidelines.

The following matrix displays the relative role of each of the participating agencies in the five functional areas of an export control system, including Commerce/BXA:

Interagency Export Control Coordination Group

Agency

Legal Foundation and Regulatory Development

Control Lists and Licensing Procedures

Enforcement

Industry Government Relations

Automation and Systems Management

Commerce

X X X X X

Customs

X   X   X

Defense

X X     X

Energy

  X   X X

Justice

    X    

State

X X      

 

 
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