加载中…国际经济法update：美国出口控制行将放松
(2010-03-20 13:59:07)
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杂谈 |
White House Provides Details of Export
Control Reforms Under National Export Initiative
The White House has recently made available fact sheets providing further details on two export control reforms that President Obama said his administration would undertake as part of its National Export Initiative.
Dual- and Third-Country Persons. The administration will revise the International Traffic in Arms Regulations to eliminate the need for a separate license for foreign persons who have dual-citizenship or are citizens of a third country (e.g., a citizen of Canada born in another country) who are employed by a company, government or international organization that is the recipient of U.S. Munitions List-controlled exports. The administration estimates that this change will eliminate about 2,000 munitions licenses a year.
Requiring U.S. government review of an individual “based strictly on that individual’s place of birth imposes a significant administrative burden on U.S. agencies, exporters and foreign partners, with little demonstrable national security benefit,” the White House states. “The Departments of State and Defense have judged that, in general, the danger of diversion to a proscribed destination does not come from a dual- or third country national who may have a relationship with a proscribed destination and who may have gained inadvertent access to U.S. technology, but rather from a foreign government, company or organization that would deliberately sanction such access.”
The fact sheet emphasizes that foreign companies will remain responsible for ensuring that they have internal compliance measures in place to comply with U.S. license requirements, including access to controlled items by employees who may have dual- or third-country citizenship. In addition, the administration will continue to require a license for cases in which a foreign person is the direct recipient of USML-controlled goods, technologies or services.
Encryption Items. The administration will revise requirements for the export of mass market electronic products, such as laptops, disk drives and cell phones, that contain encryption functions, as well as other encryption products sold to businesses. Currently, U.S. companies cannot export mass market or other types of encryption products until the U.S. government completes a technical review of the products, a process that can take more than 30 days and affects over 3,000 products. The revision will allow U.S. companies to export up to about 85% (about 2,800) of the encryption products currently requiring technical reviews simply by notifying the U.S. government of the products’ technical specifications.
The administration plans to also review other issues related to encryption controls, including the treatment of publicly-available encryption software, the control of integrated circuits with encryption functionality as encryption items, the foreign availability of certain types of restricted encryption products (e.g., high-speed routers), and the continued special control of items with open cryptographic interfaces.
The White House has recently made available fact sheets providing further details on two export control reforms that President Obama said his administration would undertake as part of its National Export Initiative.
Dual- and Third-Country Persons. The administration will revise the International Traffic in Arms Regulations to eliminate the need for a separate license for foreign persons who have dual-citizenship or are citizens of a third country (e.g., a citizen of Canada born in another country) who are employed by a company, government or international organization that is the recipient of U.S. Munitions List-controlled exports. The administration estimates that this change will eliminate about 2,000 munitions licenses a year.
Requiring U.S. government review of an individual “based strictly on that individual’s place of birth imposes a significant administrative burden on U.S. agencies, exporters and foreign partners, with little demonstrable national security benefit,” the White House states. “The Departments of State and Defense have judged that, in general, the danger of diversion to a proscribed destination does not come from a dual- or third country national who may have a relationship with a proscribed destination and who may have gained inadvertent access to U.S. technology, but rather from a foreign government, company or organization that would deliberately sanction such access.”
The fact sheet emphasizes that foreign companies will remain responsible for ensuring that they have internal compliance measures in place to comply with U.S. license requirements, including access to controlled items by employees who may have dual- or third-country citizenship. In addition, the administration will continue to require a license for cases in which a foreign person is the direct recipient of USML-controlled goods, technologies or services.
Encryption Items. The administration will revise requirements for the export of mass market electronic products, such as laptops, disk drives and cell phones, that contain encryption functions, as well as other encryption products sold to businesses. Currently, U.S. companies cannot export mass market or other types of encryption products until the U.S. government completes a technical review of the products, a process that can take more than 30 days and affects over 3,000 products. The revision will allow U.S. companies to export up to about 85% (about 2,800) of the encryption products currently requiring technical reviews simply by notifying the U.S. government of the products’ technical specifications.
The administration plans to also review other issues related to encryption controls, including the treatment of publicly-available encryption software, the control of integrated circuits with encryption functionality as encryption items, the foreign availability of certain types of restricted encryption products (e.g., high-speed routers), and the continued special control of items with open cryptographic interfaces.
Source: Sandler, Travies and
Rosenberg, PA
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