Where Industry and Security Intersect
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OPEN SESSION
Keith Melchers, Chair – Welcome and introductions
Bernard Kritzer – BIS Update
BIS has instituted new procedures for processing requests for authorization under section 765.4(f), reducing backlog; authorizations related to disclosures of serious violations are a small percentage of the total, and will take longer
BIS aiming for more predictability with new process
Developing web guidance
BIS also re-engineering Personal Identification Numbers and Company Identification Numbers – receives about 600/month; meeting with IT on process
Emerging Technologies and Research Advisory Committee to meet June 11-12 – methodology for zero-based approach
Kevin Kurland – Congressional Hearing
Matt Borman and Tom Madigan testified on controls on domestic transfers
Hearing resulted from a GAO covert operation
Tom Madigan – Export Enforcement
Export Enforcement is committed to streamlining and facilitating the voluntary self-disclosure (VSD) process
About 200 VSDs/year; 147 in FY09; 834 open cases; FY09: 29 arrests and 38 indictments
Requested suggestions for Update panel
Encouraged submission of VSDs
Hillary Hess – Published Regulations
3/18/09 Entity List rule (based on annual review) (distinguished from Entity List rule published on 2/24/09)
4/29/09 Additions and revisions to Validated End-Users (VEU)
5/06/09 Removal of T-37 Jet Trainer Aircraft from the Commerce Control List
5/22/09 Thermal Imaging revisions
Question on status of Intra-Company Transfer rule (public comments on proposed rule have been analyzed)
WORK GROUPS
John Nieberding – will discuss in closed session
Ben Flowe – Encryption
RPTAC representatives to Information Systems Technical Advisory Committee (ISTAC) meetings
Foreign availability – encryption not formally subject, but a useful set of facts
Ben Flowe – Compliance and Enforcement
Ongoing dialogue
Feedback on Foreign Trade Regulations guidelines, distinction between disclosure and correction situations
Keith Melchers – solicited comments or papers from the public
Bill Bostic & Dale Kelly – Census Bureau
New regulations in place
Serious discussions with Customs on changes to post-departure filing; proposed rulemaking in the works
Filing almost completely electronic now (last holdouts have been notified to stop filing on paper)
Spanish webinar scheduled for June 11; Spanish seminars to be held in San Diego and Miami
Port visits next month
Developing a blog; instructional videos to be posted on website
Question on correction vs. disclosure – disclosures for systematic probles, licensed shipments; exporters required to make corrections, even if there are a lot
Omari Wooden to be new Ombudsman
Catherine Thornberry – Routed Export Transactions
(Speaking on her own behalf rather than RPTAC’s)
Presentation on routed transactions – how to advise clients on responsibility vs. authority
Use and misuse of INCO terms (e.g., ex works) and relationship to “routed transaction” as defined in FTR or EAR
(Extensive discussion)