License Processing Overview. Presented by:. Bernard Kritzer Director, Office of National Security and Technology Transfer Controls Bureau of Industry and Security U.S. Department of Commerce Washington, D.C. Over view. Legal Basis for Export Regulation
Director, Office of National Security and Technology Transfer Controls
Bureau of Industry and Security U.S. Department of CommerceWashington, D.C.
Department of Commerce
Bureau of Industry and Security
Office of the Undersecretary
* NEC = Nonproliferation and Export Control** EA = Export Administration *** EE = Export Enforcement
Export Control System
Conduct technical & policy review
Ensure that the application contains enough information to make the classification and licensing decision
Compare specifications to the commodity entry requirements
Application may be returned without action if it lacks information necessary for verifying classification or if a license is not required
Send for review by the Nonproliferation Center of the CIA
Check licensing history for approvals or denials
Check nonproliferation credentials of importing countryStep 4: Conducting a Technical Review of the Proposed Transaction
- Tours of laboratories
- Foreign national employees involved in certain research,
development, and manufacturing activities
- Foreign students or scholars conducting research
- Hosting of foreign scientist
Is the country a member of the regime that monitors transfers of this commodity?
Is there an agreement for cooperation for civil uses of the commodity?
Are the country’s actions, statements, policies in support of nonproliferation?
Does the government of the importing country cooperate with nonproliferation policies in general?
Does the importing country intend to become a member of any of the regimes?Nonproliferation Credentials of Importing Country
AG/CWC Summary transfers of this commodity?Australia Group/ Chemical Weapons Convention
N transfers of this commodity?
YDispute Resolution Process
Day 90 transfers of this commodity?
Export ApplicationSubmitted to Dept.of Commerce
Day 1Licensing Deadlines
The licensing process is grounded in laws and regulations transfers of this commodity?
Exporter is responsible for submitting application and supporting documentation
Two major steps of license processing: verification of classification and consideration of end-use/end-user
U.S. system considers opinions of different agencies
System created to resolve interagency disputes
Timeframes established for making licensing decisionsSummary and Conclusion