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Export Control Challenges Associated with Securing the Homeland (2012)

Chapter: Appendix A: Committee Member Biographies

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Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
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APPENDIX A

COMMITTEE ON HOMELAND SECURITY AND EXPORT CONTROLS MEMBER BIOGRAPHIES

WILLIAM J. SCHNEIDER, Jr. (Cochair)

Dr. Schneider is president of International Planning Services, Inc., a Washington-based international trade and finance advisory firm, and is an adjunct fellow of the Hudson Institute. He was formerly undersecretary of state for security assistance, science, and technology (1982–1986). He served as associate director for national security and international affairs at the Office of Management and Budget (1981–1982) before being nominated as undersecretary by the President. In addition, Dr. Schneider serves as an advisor to the U.S. government in several capacities. He currently serves as a Member of the Department of State’s Defense Trade Advisory Group, and is a member of the Director of National Intelligence Intelligence Community Strategic Studies Group. He previously served as chairman of the President’s General Advisory Committee on Arms Control and Disarmament from 1987 to 1993, and the Defense Science Board from 2001 to 2009; he is now a Senior Fellow of the Defense Science Board. Dr. Schneider is an economist and defense analyst and was formerly a staff associate of the Subcommittees on Defense and Foreign Operations of the Committee on Appropriations in the U.S. House of Representatives and a consultant to the Hudson Institute (New York). Before joining the House of Representatives staff in 1977, he was a U.S. Senate staff member (1971–1977) and a professional staff member of the Hudson Institute (1967–1971). Dr. Schneider is a member of the American Economic Association, the Econometric Society, the Council on Foreign Relations, and the International Institute for Strategic Studies.

Dr. Schneider received his Ph.D. degree from New York University in 1968.

MITCHEL B. WALLERSTEIN (Cochair)

Dr. Wallerstein is the 8th president of Baruch College of the City University of New York. He previously served as dean of the Maxwell School of Citizenship and Public Affairs at Syracuse University, which has been ranked for the past 16 years by U.S. News & World Report as the leading graduate school of public and international affairs in the United States. Before joining the Maxwell School, Dr. Wallerstein was vice president of the John D. and Catherine T. MacArthur Foundation, one of the world’s largest philanthropic organizations, where he directed the international grant-making program. Dr. Wallerstein served from 1993 to 1997 as deputy assistant secretary of defense for counterproliferation policy, and senior representative for trade security policy. During his tenure in the Department of Defense, Dr. Wallerstein helped to found and cochaired the Senior Defense Group on Proliferation at NATO, and he was twice awarded the Secretary of Defense Medal for Outstanding Public Service. Before his service in the U.S. government, Dr. Wallerstein was the deputy executive officer of the National Research Council of the National Academy of Sciences and the National Academy of Engineering. He is a member of the Council on Foreign Relations and the International Institute for Strategic Studies, and he is an elected fellow of the National Academy of Public Administration. Dr. Wallerstein

Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×

received his Ph.D. from the Massachusetts Institute of Technology in 1978, and also holds an M.P.A. degree from the Maxwell School and an A.B. from Dartmouth College.

RICHARD C. BARTH

Dr. Barth is Senior Vice President for Government Relations at Tri Alpha Energy. As a venture capital funded, alternative energy company, Tri Alpha Energy is located in Orange County, California. In his last position with the U.S. government, Dr. Barth was acting assistant secretary for policy at the Department of Homeland Security, at Secretary Janet Napolitano’s request. His previous appointment by Secretary Chertoff was to the post of assistant secretary for policy development. In that position he was responsible for the full breadth of policy development within the Department of Homeland Security and was a key representative of the department to interagency policy decisionmaking led by the White House. Before that appointment, he was corporate vice president and director of homeland security strategy for Motorola’s Washington, D.C., office. In that position, Dr. Barth developed and maintained relationships with key federal, state, and local government executive and legislative branch officials to facilitate Motorola’s businesses worldwide. He managed a team that dealt primarily with first-responder (public safety) communications issues, as well as other spectrum and telecommunication regulatory policies. Before joining Motorola, Dr. Barth handled international trade and high-tech export control issues at the White House National Security Council under both President Bush and President Clinton. Prior to that, he worked for the Treasury and Commerce Departments in various trade- and technology-related positions. Dr. Barth has a Ph.D. in inorganic chemistry from the University of Maryland and an A.B. degree from Franklin and Marshall College.

LARRY E. CHRISTENSEN

Larry Christensen heads the export controls and sanctions practice of the D.C. law firm of Miller & Chevalier. In this capacity, he concentrates on export controls, sanctions, and embargoes under the International Traffic in Arms Regulations, Export Administration Regulations, and various regulations issued by the Office of Foreign Assets Control. He focuses on the preacquisition due diligence, Committee on Foreign Investment in the United States reviews of foreign direct investment, and the defense of enforcement cases, as well as compliance processes, assessments, and audits. Mr. Christensen served in the U.S. Department of Commerce for 11 years in the Office of Chief Counsel of Export Administration and as director of the Regulatory Policy Division. In that role, he headed the complete redrafting of the EAR from 1995 to 1996, the first such rewrite since 1949. He also authored the deemed export rule and coordinated the policy support for the rule before its publication. He drafted proposed legislation for the Reagan, George H. W. Bush, and first Clinton administrations. During his years at the Commerce Department, Mr. Christensen was primarily responsible for the regulatory and interagency issues surrounding the State Department scope of jurisdiction under the ITAR and, on behalf of the Commerce Department, negotiated with the State Department on the current standards for commodity jurisdiction under the ITAR. Mr. Christensen is the author of the EAR provisions regarding publicly available treatment, including the provisions regarding the scope of the academic exclusion under EAR. He coauthored the “Know Your Customer” Guidance and “Red Flags Under the EAR.” In addition, he led the U.S. delegation at the Coordinating

Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×

Committee for Multilateral Export Controls in connection with the drafting of the General Technology Note. In multilateral control negotiations, he represented the United States in China and at the multilateral national security regime.

VINCENT F. DECAIN

Mr. DeCain is the managing director of the DeCain Group, which serves private- and public-sector clients in such areas as defense trade, weapons technology, dual-use licensing, intellectual property, and technology transfer.

Previously, Mr. DeCain was principal deputy undersecretary of defense for the office of International Technology Security (ITS). In this position, he was responsible for assisting and advising the undersecretary in matters pertaining to international technology cooperation and security, arms transfers, commercial sales of defense and dual-use technology, export control processes, and for facilitating strategically important transfers to our closest allies. While at ITS, Mr. DeCain was appointed director of the Militarily Critical Technologies Program (MCTP). He also served as the undersecretary’s point of contact for high-performance computers and was designated chair of the U.S.-French Work Group on defense trade cooperation.

Prior to joining the Department of Defense, he was a member of the Defense Trade Advisory Group and served as a consultant to the Energy Department on nuclear transfers and safeguards. Earlier, Mr. DeCain held positions as deputy assistant director for nonproliferation policy at the Arms Control and Disarmament Agency, as well as deputy assistant secretary for political-military affairs in the State Department, where he was in charge of international technology transfer and defense trade, as well as negotiations for commercial technology and arms trade policy. Before that, as the deputy assistant secretary for export administration in the Department of Commerce, Mr. DeCain was responsible for policy, regulation, and licensing of dual-use commercial technology trade, taking into consideration the effect on foreign policy, nonproliferation, national security, and domestic shortages.

In senior level positions, he led trade and arms negotiations for many corporations and represented the United States in multiple international fora such as the Missile Technology Control Regime, the Nuclear Suppliers Group, the Australia Group, the International Atomic Energy Agency (IAEA), Arms Control Middle East and the Coordinating Committee for Multilateral Export Controls (COCOM).

Mr. DeCain received his B.S. from John Carroll University, his J.D. from Fordham University, and his LL.M. from New York University. He is also a graduate of the Army Intelligence School and served in the Army Counter Intelligence Corps.

Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×

CAROL A. FUCHS

Ms. Fuchs is senior counsel for international trade regulation at General Electric. GE is a major importer/exporter with almost 300,000 employees worldwide and activities in more than 100 countries. Before that, from 2004 to 2009, Ms. Fuchs served as Tyco’s international trade counsel, responsible for managing Tyco’s worldwide import-export compliance program. Ms. Fuchs provides guidance to senior business managers on a broad array of trade matters, including the development of documented compliance programs for business units and facilities worldwide.

Previously, Ms. Fuchs was government relations counsel in the Washington, D.C., office of KMZ Rosenman. Before joining KMZ Rosenman, Ms. Fuchs was vice president and director of global trade compliance at Motorola, where she managed Motorola’s trade compliance programs worldwide. At Motorola, she received the Office of General Counsel Award for Professional Excellence. Ms. Fuchs has also served as legal counsel to the Defense Fuel Supply Center, where she was awarded the Meritorious Civilian Service Award.

Ms. Fuchs completed two terms serving on the U.S. Commercial Operations Advisory Committee, a committee actively advising high-level government officials (Treasury Department and Department of Homeland Security) on customs issues and new trade programs. She previously served on the American Association of Exporters and Importers Board of Directors and Executive Committee. She currently serves as a member of the State Dept. Sanctions Subcommittee of the Advisory Committee on International Economic Policy (ACIEP). She also serves on the Board of Directors of the National Council for International Trade Development.

She is a frequent public speaker at events worldwide sponsored by the American Bar Association, Symposium of the Americas, National Customs Brokers and Freight Forwarders Association, Joint Industry Group, American Conference Institute, C5, Practicing Law Institute, American Corporate Counsel, Society for International Affairs, and the World Customs Organization.

She graduated cum laude from Carleton College (mathematics) and received her law degree, also cum laude, from Georgetown University. She is a member of the bar in the District of Columbia, California, and Arizona.

G. CHRISTOPHER GRINER

Mr. Griner is the chair of Kaye Scholer LLP’s National Security/CFIUS practice group in the firm’s Washington, D.C. office. He is a recognized leader in the field of national security and played a key role in the development of the Foreign Ownership, Control or Influence mitigation arrangements used by the federal government today. Mr. Griner counsels and represents foreign and domestic clients in international transactions involving national security and other national security approval issues. He has significant experience representing clients before the intelligence community and the Departments of Defense, Energy, and State in relation to industrial security and export compliance regulations, and in Exxon-Florio reviews before the Committee on Foreign Investment in the United States. Mr. Griner counsels clients on proposed acquisitions, and mitigation arrangements for foreign-owned defense and national security contractors. He has represented numerous foreign and domestic companies in corporate reorganizations, acquisitions, and joint ventures that affect national security, or that otherwise involve sensitive technologies or classified activities.

Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×

Mr Griner is a member of the District of Columbia bar. Before joining Kaye Scholer, Mr. Griner served as attorney advisor in the Office of the General Counsel of the Department of Defense.

CAROL E. KESSLER

Ms. Kessler is the chair of the Nonproliferation and National Security Department at Brookhaven National Laboratory. She is responsible for management and business development for the department. The department is composed of scientists and engineers whose expertise includes radiation detector development and use, radiological and nuclear emergency response, proliferation path analysis, international safeguards and nuclear material protection, control, and accounting. Ms. Kessler joined Brookhaven in January 2010. She was previously director of the Pacific Northwest Center for Global Security at Pacific Northwest National Laboratory. The center conducts international security policy projects informed by the science and technology expertise of the lab. From 2001 to 2003, Ms. Kessler was the deputy director general of the Nuclear Energy Agency at the Organization for Economic Cooperation and Development in Paris, France. The focus of her work was personnel administration, nuclear safety and waste management, and budgetary matters for the agency. The bulk of her career was spent at the U.S. Department of State, where her primary position was as senior coordinator for nuclear safety. Ms. Kessler led the U.S. efforts in the G-7 Nuclear Safety Working Group to improve the safety of Soviet-designed nuclear plants and to close those which could not meet international standards. From 1997 to 2000, Ms. Kessler led U.S. and international efforts to close the last reactor at Chernobyl by the end of 2000. Ms. Kessler is currently serving on the Boards of the Pacific Science Center, the Foundation of Russian-American Economic Cooperation, and Uplift International. She is the cohead of the Pacific Northwest Chapter of Women in International Security. Ms. Kessler has a B.A. in biogeology from Brown University, an M.S. in technology and policy from the Massachusetts Institute of Technology, and an M.S. in national security studies from the U.S. National War College.

MARTHA A. KREBS

Dr. Krebs is executive director for energy and environmental research development at the University of California at Davis. She is responsible for working with faculty and staff to leverage and expand the energy and environmental research programs at UC Davis through partnerships with federal, state, and private entities. She also serves as science advisor for the California Energy Commission.

Before joining UC Davis, Dr. Krebs was deputy director for research and development at the California Energy Commission and responsible for the Public Interest Energy Research Program. Before that, she was president of Science Strategies, and was an associate vice chancellor for research at the University of California at Los Angeles. Earlier, she was the founding institute director of the California NanoSystems Institute and a senior fellow at the Institute for Defense Analysis. From 1993 to 2000, Dr. Krebs served as assistant secretary and director of the Office of Science at the Department of Energy (DOE). She also served on the National Science and Technology Council’s Interagency Committee on Science and its Committee on the Environment. From 1983 to 1993, she served as an associate director for planning and development at the DOE’s Lawrence Berkeley National Laboratory, and from 1977 to 1983, she

Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×

served on the House Committee on Science, first as a professional staff member and then as subcommittee staff director. Dr. Krebs is a member of Phi Beta Kappa, a fellow of the American Physical Society, a fellow of the American Association for the Advancement of Science, and a fellow of the Association of Women in Science. She is a member of the National Research Council’s Board on Energy and Environmental Systems and its Board on Chemical Science and Technology. She is also a trustee of the Institute for Defense Analyses. She received her B.S. and Ph.D. in physics from the Catholic University of America.

DEANNE C. SIEMER

Ms. Siemer is a member of the District of Columbia bar and is managing director of Wilsie Co. LLC. The company provides consulting advice on strategic planning; options for litigation, including risk assessment; valuation of potential outcomes; settlement potential; and case management. Ms. Siemer has practiced law in Washington, D.C., in both the public and the private sectors. She served as general counsel of the Department of Defense, where she supervised legislative, intelligence, and military justice matters, revised the military rules of evidence to conform to the federal rules of evidence, improved the representation by the Department of Justice in defense matters in federal courts by assigning military lawyers to this task, and worked on special assignments for the secretary. In private practice, Ms. Siemer was a litigation partner in two major Washington, D.C., firms and headed trial teams in large jury trial cases in various federal and state jurisdictions around the country. She also supervised a team of lawyers and support personnel at the First Marianas Constitutional Convention, coauthored a law review analysis of the Marianas Constitution, and served as counsel to the Third Marianas Constitutional Convention. Ms. Siemer is a member of the American Law Institute, the Board of Trustees of the National Institute for Trial Advocacy, and the mediation panel of the U.S. Court of Appeals for the District of Columbia Circuit. She is the author of 2 history books and 12 law practice books. She received a bachelor’s degree (economics) from George Washington University, did graduate work in economics at the University of Hawaii and Chulalongkorn University in Thailand, and received an LL.B. degree from the Harvard Law School.

KATHRYN SULLIVAN

Ms. Sullivan is a senior advisor to the director in the Office of Integrative Activities (OIA) in the Office of the National Science Foundation (NSF) Director, a position she has held since 2008. In her current capacity, Ms. Sullivan coordinates OIA’s budget development, strategic outreach initiatives, and select administrative functions as well as provides support to the Office of the Director on NSF cross-cutting policy and procedural issues. Additionally, Ms. Sullivan serves as the executive secretary to the National Science Board’s Committee on Education and Human Resources. Before this position, she served as the deputy director of NSF’s Office of International Science and Engineering. Before working at NSF, Ms. Sullivan served in several positions focusing on international science, engineering, and technology policy and programs within the U.S government, including special assistant for international affairs in the Office of the Vice President, senior analyst in the White House Office of Science and Technology Policy, program director of international affairs for the Office of Space Commerce in the Office of the Deputy Secretary of Commerce, and assistant for nonproliferation to the assistant secretary in the

Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×

Commerce Department’s Bureau of Export Administration. Ms. Sullivan established NASA’s Japan Office and served as the first NASA representative at the U.S. Embassy in Tokyo. Ms. Sullivan holds a master’s degree from the Fletcher School of Law and Diplomacy and a bachelor’s degree from Wellesley College.

WILLIAM H. TOBEY

Mr. Tobey is a senior fellow at the Belfer Center for Science and International Affairs of the John F. Kennedy School of Government at Harvard University. Mr. Tobey was most recently deputy administrator for defense nuclear nonproliferation at the National Nuclear Security Administration. There, he managed the U.S. government’s largest program to prevent nuclear proliferation and terrorism by detecting, securing, and disposing of dangerous nuclear material. Mr. Tobey also served on the National Security Council staff in three administrations, in defense policy, arms control, and counterproliferation positions. He was the director of counterproliferation strategy (2002–2006), and director of defense programs and arms control (1986–1993). He has participated in international negotiations ranging from the Strategic Arms Reduction Treaty talks with the Soviet Union to the Six-Party Talks with North Korea. Mr. Tobey also has extensive experience in investment banking and venture capital as head of institutional convertible securities sales at Wachovia Securities (2000–2002), senior vice president and partner, Forum Capital Management (1997–2000), general partner, Embryon Capital Management (1996–1997), and vice president for institutional sales, Smith Barney (1992–1996). Mr. Tobey holds a master’s degree in public policy from the John F. Kennedy School of Government, Harvard University, and a bachelor of science degree from Northwestern University.

CHRISTOPHER R. WALL

Mr. Wall is a member of the District of Columbia bar and the senior international trade partner at Pillsbury Winthrop Shaw Pittman LLP. His practice focuses on export controls, foreign investment, international trade proceedings, and policy. He advises clients on commercial and military export licensing and enforcement matters, economic sanctions, national security reviews, antiboycott compliance and enforcement, the Foreign Corrupt Practices Act, import relief proceedings, Court of International Trade appeals, complex Customs matters, bilateral investment treaties, North American Free Trade Agreement and World Trade Organization dispute resolution, and other trade policy and legislative matters. Mr. Wall served as assistant secretary of commerce for export administration during 2008–2009. Mr. Wall is a member of the American Bar Association and in the past has held several positions, including chair of the Special Advisory Committee on International Activities, vice chair of the Section of International Law and Practice, and cochair of the International Litigation Committee of the Section of Litigation. He has served as a member of the Advisory Board of the Central and East European Law Initiative and has organized and given presentations at numerous American Bar Association meetings. Mr. Wall serves on the Executive Committee of the U.S. Council for International Business. He chaired the Swedish-American Chamber of Commerce, Washington, D.C., for 5 years. He has also served on the Board of Directors of the Swedish-American Chamber of Commerce USA, Inc., and has chaired the Trade and Investment Advisory Committee of the British-American Business Council. He serves as legal counsel to St. John’s

Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×

Church, Lafayette Square. Mr. Wall is a frequent lecturer at both domestic and international conferences and has testified as an expert witness before Congress on foreign investment. Mr. Wall is a member of the Council on Foreign Relations. Mr. Wall received undergraduate degrees from Yale University and Oxford University and his J.D. from the University of Virginia Law School.

Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×
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Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×
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Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×
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Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×
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Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×
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Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×
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Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×
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Suggested Citation:"Appendix A: Committee Member Biographies." National Research Council. 2012. Export Control Challenges Associated with Securing the Homeland. Washington, DC: The National Academies Press. doi: 10.17226/13369.
×
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The "homeland" security mission of the Department of Homeland Security (DHS) is paradoxical: Its mission space is uniquely focused on the domestic consequences of security threats, but these threats may be international in origin, organization, and implementation. The DHS is responsible for the domestic security implications of threats to the United States posed, in part, through the global networks of which the United States is a part. While the security of the U.S. air transportation network could be increased if it were isolated from connections to the larger international network, doing so would be a highly destructive step for the entire fabric of global commerce and the free movement of people.

Instead, the U.S. government, led by DHS, is taking a leadership role in the process of protecting the global networks in which the United States participates. These numerous networks are both real (e.g., civil air transport, international ocean shipping, postal services, international air freight) and virtual (the Internet, international financial payments system), and they have become vital elements of the U.S. economy and civil society.

Export Control Challenges Associated with Securing the Homeland found that outdated regulations are not uniquely responsible for the problems that export controls post to DHS, although they are certainly an integral part of the picture. This report also explains that the source of these problems lies within a policy process that has yet to take into account the unique mission of DHS relative to export controls. Export Control Challenges Associated with Securing the Homeland explains the need by the Department of Defense and State to recognize the international nature of DHS's vital statutory mission, the need to further develop internal processes at DHS to meet export control requirements and implement export control policies, as well as the need to reform the export control interagency process in ways that enable DHS to work through the U.S. export control process to cooperate with its foreign counterparts.

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