Commerce Department Seeks Public Comments on Refining Deemed Export Policy

WASHINGTON, DC – The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) today published a Notice of Inquiry in the Federal Register soliciting public comments on recommendations made by the Deemed Export Advisory Committee (DEAC) in its December 2007 report. 

“We are committed to being comprehensive and deliberative in our review of deemed export policy.  This is an area of critical national security importance, but also an area that has significant competitiveness and public diplomacy dimensions,” said Under Secretary of Commerce Mario Mancuso. 

“I fully encourage our stakeholders in the academic community, the private sector, and in the broader policy community to share your views with us.  We need your input to ensure that our deemed export policy advances U.S. security and economic objectives in a world vastly changed from the time our current rules were created.” 

The public’s input helps BIS keep pace with developments in the research community and on the criteria used to assess the bona fides of foreign nationals that need access to controlled technology,” he added.

The DEAC recommended in its report, The Deemed Export Rule in the Era of Globalization, that BIS to conduct a “zero-based” annual review of the technologies on the Commerce Control List (CCL) and an overall assessment of the probable country affiliation of a foreign national that will have access to controlled technology.  The full text of the report can be found by clicking the following link, The Deemed Export Rule in the Era of Globalization.

BIS seeks public input on whether the scope of technologies on the CCL subject to deemed export licensing requirements should be narrowed, and if so, which technologies should be subject to deemed export licensing requirements.  Additionally, BIS is seeking comments on whether a more comprehensive set of criteria should be used to assess country affiliation for foreign nationals with respect to deemed exports.

About BIS
As Under Secretary, Mr. Mancuso leads the Bureau of Industry and Security in promoting continued U.S. high technology leadership across strategic industry sectors in order to advance U.S. national security, foreign policy and economic objectives.  In this capacity, Mr. Mancuso works closely with counterpart officials of U.S. international partners and allies around the world.   

In response to public concern that the deemed export licensing policy hindered innovation and U.S. technological competitiveness, Secretary of Commerce Carlos Gutierrez formed the DEAC in June 2006 and directed it to conduct a top-to-bottom review of U.S. deemed export policy. This policy focuses on the complex issues of releasing controlled, dual-use technology to foreign nationals inside the United States. 

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