Where Industry and Security Intersect
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The Secretary of Commerce (“Secretary”), pursuant to duties imposed by law upon the Department, including the Export Administration Act of 1979, as amended (50 U.S.C. app. §§ 2401- 2420 (2000)), the International Emergency Economic Powers Act (50 U.S.C. §§ 1701 - 1706 (2000)), and the Federal Advisory Committee Act, (5 U.S.C. app. § 2 (2005)), and with the concurrence of the General Services Administration, hereby renews the Deemed Exports Advisory Committee (DEAC).
1. The DEAC will develop recommendations for possible improvements to policies on the transfer of technology or source code subject to the Export Administration Regulations to persons within the United States. These recommendations are intended to be used by the Secretary, the Under Secretary for Industry and Security (“Under Secretary”), and the Department of Commerce’s Bureau of Industry and Security (“BIS”) in revising, as appropriate, its controls on such exports.
2. The DEAC will update the Secretary regularly on its progress during the development of its recommendations and will agree upon the contents of its recommendations before advising the Secretary to adopt any or all of them.
3. The DEAC will function solely as an advisory body and will comply with the requirements of the Federal Advisory Committee Act.
1. The DEAC shall not exceed 12 members to be appointed by the Secretary to assure a balanced representation of views among business executives, university administrators, and other experts in the field. Members will be Special Government Employees.
2. Members shall have a current Secret clearance in order to analyze intelligence products relevant to their work.
3. Each member shall be appointed for 12 months and will serve at the discretion of the Secretary. Appointments shall be renewable for additional terms.
4. The Secretary shall appoint the Chairperson or Co-Chairpersons. The Secretary may also appoint one or more Vice-Chairpersons.
5. Members will be subject to all ethical standards and rules applicable to Special Government Employees.
6. Members will be selected on a clear, standardized basis, in accordance with applicable Department of Commerce guidance.
2. The Secretary shall appoint the Under Secretary as the Executive Director of the DEAC. The Under Secretary shall not be a member of the DEAC.
3. The Director of BIS’s Office of National Security and Technology Transfer Controls shall be the DEAC Designated Federal Officer (DFO), and Committee staffing will be coordinated through his/her office.
4. The DEAC shall meet as deemed necessary by the Secretary, but in no case less than quarterly.
5. BIS shall provide funding and administrative support for the Committee.
6. Members of the DEAC shall not be compensated for their service, but shall on request be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in government service (5 U.S.C. §§ 5701 - 5707), consistent with the availability of funds.
7. The DEAC may establish subcommittees of its members as necessary, subject to the relevant provisions of the Department of Commerce Committee Management Handbook. The Secretary or his designee shall designate the Chairperson and members of any subcommittee.
8. The annual cost of operating DEAC is estimated to be $150,000, which includes 0.5 person years of staff support.
9. The DFO or his/her delegee shall be responsible for filings and other applicable statutory requirements of the Federal Advisory Committee Act.
This charter shall terminate 12 months from the date of filing with the appropriate U.S. Senate and House of Representatives Oversight Committees, unless earlier terminated or renewed by proper authority.
05/10/2007
Chief Financial Officer and
Assistant Secretary for Administration