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July 19, 2012 

BIS Update Conference 2012 - Summary of Day 3

Here is a summary of our live tweets (Hashtag #BISUpdate) from the third and final day of the Bureau of Industry's 25th annual Update Conference on Export Controls and Policy:

  • Third and final day of BIS update now underway. Roundtable discussions with BIS, OEE, DDTC, OFAC and CBP staff very well attended. The roundtables are a great opportunity for exporters and one of the most useful aspects of BIS Update. 
  • Open forum on export control reform and move of certain items from USML to CCL now underway. BIS Assistant Secretary Wolf now answering numerous questions on pending rules, including "specially designed" and transition rules. Public comments on those rules are greatly encourage. 
  • Export control reform will greatly minimize number of commodity jurisdiction requests submitted. Idea is to make USML and CCL objective lists with bright lines on jurisdiction. 
  • First 38(f) notification likely to be submitted by State to Congress later this fall. 
  • Here is the export control reform "Iceberg" slide now on screen. Here is export control reform "Iceberg" slide now on screen. Subtitled "a visual metaphor of relative and non-visible export control burdens, not sinking ships" 
  • Final #BISUpdate sessions today on encryption controls, export control reform and export controls for small and medium sized companies. 
  • Full text of remarks by Assistant Secretary for Export Enforcement David Mills at BIS Update can be found here: 
  • BIS and Census are considering making changes to Routed Export Transactions. 
  • Census Bureau likely to publish final rule making changes to Foreign Trade Regulations and AES filings later this year. 
  • During final session on encryption controls BIS officials discussed the various changes to encryption regulations over the past 2 years, including the inclusion of Note 4 to category 5 part 2 and other types of encryption software not subject to the EAR. 
  • Lots of positive comments from BIS Update attendees about program, speakers and venue of this year's Update conference. 
  • Assuming that export control reform continues to move forward as we expect the CCL and USML should look very different at next year's version of BIS Update.
It is important for industry and exporters to continue submitting comments on the various proposed export control reform regulations issued by BIS and DDTC rules, including the proposed rule regarding the definition of "specially designed" and the "transition" rule. The deadline for submitting comments on those rules are August 3 and August 6, respectively.

Presentations from BIS are now posted on the BIS web site, Update 2012 Presentations or on the BIS BETA web site Update 2012 Presentations.




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