On September 1, 2011, the Bureau of Industry and Security (BIS) of the Department of Commerce requested public comments on the effect of existing foreign-policy based export controls in the Export Administration Regulations (EAR). BIS must consult with industry and report annually to Congress on the effectiveness of such export controls. Because the Secretary of Commerce must annually extend existing foreign policy-based export controls, this marks industry’s chance to influence that process. Comments are due by October 3,2011.

Background

Export controls maintained for foreign policy purposes require annual extension. In accordance with the EAR, the Department of Commerce annually reviews its foreign policy-based export controls, requests public comment on those controls, and prepares and submits a report to Congress on the effectiveness and continued need for those controls. In January 2011, the Secretary of Commerce, on the recommendation of the Secretary of State, extended for one year all foreign policy-based export controls. The foreign policy based export controls can be found in the EAR (15 C.F.R. parts 730- 774) and include, among other things, Commerce Control List (CCL) based controls (part 742), end-user and end-use based controls (part 744) and embargoes and other special controls (part 746). These controls apply to a broad range of industries, activities, countries, and items.

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