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Input Sought on Foreign Policy-Based Export Controls

The DOC’s Bureau of Industry and Security is seeking comments by 11 October for its report to Congress on the effect of existing foreign policy-based export controls in the Export Administration Regulations. Section 6 of the EAR requires BIS to consult with industry on the effect of such controls and to report the results of the consultations to Congress. As in previous years, BIS is particularly interested in receiving comments as specific as possible on the economic impact of proliferation controls as well as industry information relation to the following.

  • the effect of foreign policy-based export controls on sales of U.S. products to third countries (i.e., those not targeted by sanctions), including the views of foreign purchasers or prospective customers regarding these controls
  • controls maintained by U.S. trade partners; e.g., the extent to which they have similar controls on goods and technology on a worldwide basis or to specific destinations
  • licencing policies or practices by U.S. foreign trade partners that are similar to U.S. foreign policy-based export controls, including licence review criteria, use of conditions and requirements for pre- and post-shipment verifications (preferably supported by examples of approvals, denials and foreign regulations)
  • suggestions for bringing foreign policy-based export controls more into line with multi-lateral practice
  • actions that would make multi-lateral controls more effective
  • examples of the effect of foreign policy-based export controls on trade or acquisitions by the intended targets of the controls
  • the effect of foreign policy-based export controls on overall trade at the level of individual industrial sectors
  • suggestions as to how to measure the effect of foreign policy-based export controls on trade
  • the use of foreign policy-based export controls on targeted countries, entities or individuals
  • the extension or revision of existing foreign policy-based export controls
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