submitted a commodity jurisdiction (CJ) request, in which the Directorate of Defense Trade Controls (DDTC) determines whether the item to be transferred is on the munitions list. Ultimately, in this case, DDTC determined that the items were essentially cargo, and not on the munitions list, although the process took some time.

Mr. Gold also chairs the export controls working group of COMSTAC (Commercial Space Transportation Advisory Committee), an advisory committee to the Federal Aviation Administration. The Obama Administration put forward a concept for reform known as “the four singles”: a single control list, a single licensing agency, a single enforcement agency, and a single IT system. Getting to that point would be accomplished in several phases. Mr. Gold sees considerable progress already, in areas that can be addressed without congressional action, such as the processing Technical Assistance Agreements (TAAs). Making additional changes requiring congressional approval or notification will be more difficult.

8.5 SAMPLE PERSPECTIVES FROM THE BREAKOUT SESSION ON EXPORT CONTROLS

The Export Controls breakout group focused on technical issues that might be of most interest to practitioners.

Individual participants made a number of points during the discussion. This is a non-exhaustive list, and is not intended to represent consensus views of the workshop or the breakout session:

 

  • Export controls can be an impediment to international research. There is a distinction between the onshore collaboration that occurs with international sponsors of research and international research collaborators. In the latter case, items are actually being shipped.
  • Deemed exports, where a technology will be “deemed” to be an export when it is shared with a foreign national, is a distinctive feature of U.S. regulations. Other countries either do not have such a regulation or manage it differently.
  • The Obama Administration has already made some proposals for reform. There is a multi-agency group doing important work on export control reform and inter-agency coherence. Possible future steps could include additional non-agency participants, and exploration of impediments to research.


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