Where Industry and Security Intersect
What's New | Sitemap | Search
Department of Commerce, HCHB Room 3884, Washington, DC
15 May 2008 - 10:00 a.m.
Minutes of Meeting
Open Session
Attendance:
Material TAC Members:
Dr. Anthony Lubiniecki – Centocor, Inc.
Mr. Eric McClafferty – Partner, Kelley Drye
Mr. Tom May – Engineer, Boeing
Dr. Andy Skibo – Senior VP, Medimmune
Mr. Timothy Femrite – 3M export Corporation (teleconference)
Dr. Carol Sabourin – Batelle Memorial Institute (teleconference)
Dr. Kimberly Orr, Designated Federal Officer – DoC/BIS
Ms. Yvette Springer, Govt. Liaison – DoC/BIS
Department of Commerce Attendees:
Mr. Matt Borman, Deputy Assistant Secretary for Export Administration
Gerry Horner – OTE, BIS
Bob Teer – NSTTC, BIS
John Varesi – Licensing Officer, Sensors & Aviation Division
Public/Visitors:
Juan F. Santos – Foreign Affairs Officer, Department of State
Ingrid Lombardo – Director, DC office, Larkin Trade on behalf of Argosy
Regan Alberda – Attorney, Arent Fox
Michele Garfinkel – Policy Analyst, Venter Institute
Janelle Gamble – Mgr Government Relations, Boeing
Kenneth Tucker – Mgr Government Relations, Boeing
Bill Root – Consultant
Wendy Malish – Dow via Teleconference
The meeting was opened at 10:00 AM with introductions. Two new members, Mr.Femrite and Dr. Sabourin, attended by teleconference. Dr. Estep, the chairman, was absent.
Agenda Items:
Composite Working Group update on proposals:
Discussion: An update on the composite ad hoc working group activities was given by co-chair Tom May. The discussion at the recent TransTAC was on the two non-papers for the 2009 Wassenaar cycle, one on 1C010 and another on 1B001. Jim Thompson of BIS/NSTTC has reviewed the 1C010 proposal. A concern was expressed that recent changes in interpretation may require licenses for compounds with 1C010.b fibers regardless of matrix under de minimis rules.
Actions: CWG will continue with biweekly conference calls while responding to input on the 1C010 non-paper. CWG is recruiting for a 1B1.f sub-team, and reviewing 1C210. The feeling is there are no controls for slitting machines, and so material previously uncontrolled should not be controlled simply because it is slitted. The CWG has submitted a paper on the General Technology Note through the MTAC and TransTAC and is asking for clarification.
ECCN review:
Discussion: Eric McClafferty discussed the response received from the chemical processing equipment representatives regarding the ECCN review process. The principal issue on the table was the proposed definition of alloy, whether principal component was sufficient or a numerical percentage was preferred. No consensus was obtained, as opinion was evenly divided.
Export Control Directive from President George W. Bush on January 22, 2008:
Discussion: Deputy Assistant Secretary Matthew Borman gave a brief review of this new directive which mandates a move toward a global outlook and is intended to provide help to exporters through expanded and reformatted entity lists, and a review of the Commerce Control List (CCL) to update controls. Intracompany license exceptions, revised encryption controls, and updated de minimis content rules are some additional planned ways to implement this directive. Also brought up was the final rule on Technical Corrections to the EAR published April 18, 2008. This is the first phase of regulatory implementation of the CCL review conducted by BIS with input from TACs and public comments. The Emerging Technology and Research Advisory Committee (ETRAC) will be created to evaluate new technology and involve the research community impacted by deemed exports. Also discussed was how a person’s past nationalities should influence eligibility for deemed export approval.
Actions: MTAC will continue with ECCN review. Members and role of the new TAC will be a continuing discussion.
Public Comments and New Business:
Discussion: Updates to the BIS website with new webinars and export training modules were pointed out by the DFO. Teleconferencing was provided during the open session. Michele Garfinkel from the Venter Institute brought copies of the new released “Synthetic Genomics: Options for Governance”, generated from workshops, prepared by the J. Craig Venter Institute, MIT, CSIS, and funded by the Alfred P. Sloan Foundation. Remarks were taken from the listening audience before the TAC moved into closed session
The MTAC will meet on Aug 14, 2008 at 10:00 a.m. in Room 3884, HCHB.