Where Industry and Security Intersect
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OPEN SESSION
Keith Melchers, Chair – Welcome and Introductions
Matt Borman – BIS Update
Notices of inquiry on reexport of foreign-made products: exclusion of 7A items from de minimis; foreign direct products of encryption; designing out U.S. content
National Academy of Sciences Study – TAC response?
Entity List: BIS had published a removal in response to appeal from foreign party to get off the list – good behavioral changes rewarded; Entity List is an active list, not a historical archive
(In response to question on transshipment hubs) Baseline systems could control regime items and have some method to catch certain end-uses; we maintain a dialogue with other countries but do not prescribe specific practices
(In response to comment that training materials and advisory opinions posted on the website are helpful) BIS will be linking to websites that publish their own CCATS
Kevin Delli-Colli – Export Enforcement
Enforcement priorities remain regime-controlled items; end-use/end-user controls (including sanctions); supporting the warfighter as with the Mayrow General Order
Certain countries are transshipment hubs, but for illegal activity, any country can be a transshipment country
Statistics: In 2008, 76 arrests; 40 indictments; $2.7 million fines; 50 civil cases closed; $3.4 million penalties; 14 denial orders; and 3 temporary denial orders
First quarter of 2009: 6 sanctions cases; four Entity List cases; 2 crime control cases; 2 regime-controlled cases
The way penalties are assessed is fact-driven, with lots of variables
Since 10/1/08, OEE has received 92 Voluntary Self-Disclosures (VSDs)
A VSD to Census is not a VSD to BIS, so file two
(Discussion of screening parties against different agencies’ lists)
Hillary Hess – Published Regulations
1/6/09 Notice of Inquiry on Foreign-produced encryption items
1/8/09 Revision of restrictions on exports, reexports, and transfers to persons blocked pursuant to Executive Orders
1/15/09 License requirements to Iran and certain weapons of mass destruction proliferators
2/24/09 Removal and modification of certain Entity List entries
Dale Kelly & Joe Cortez – Census Bureau
Census partnering with International Trade Administration for seminars
Question on routed transactions, followed by discussion data elements and accessibility of records
Census looking at alternatives to requiring Employer Identification Number
WORK GROUPS
Ben Flowe – Compliance and Enforcement
Proposal on General Prohibition 10 forwarded to BIS
Good dialogues with EE
Ed Bond – Encryption
Working with Information Systems Technical Advisory Committee (ISTAC)
Julie LaCross & John Nieberding – Policies and Procedures
Response to design-out notice of inquiry
Keith Melchers
Solicited comments or papers from the public