High Performance Computers

Statement of Principles for U.S India High Technology Commerce

Details

Statement of Principles for

U.S.-India High Technology Commerce

During their November 2001 meeting in Washington D.C., Prime Minister Vajpayee and President Bush affirmed their commitment to qualitatively transform India-U.S. relations. They further agreed that the two sides should discuss ways to stimulate bilateral high technology commerce as a step toward enhancing the new relationship between the United States and India.

In pursuit of this goal, the Governments of the United States and India decided in November 2002 to work expeditiously toward developing a new statement of principles regarding bilateral cooperation in high technology trade, including trade in "dual-use" goods and technologies, in a way that broadly advances the relationship between the two countries in this area and reinforces their mutual interest in stemming the proliferation of sensitive goods and technologies.

The two Governments have set forth the principles to further promote and facilitate bilateral high technology commerce in its broadest sense:

1. The two Governments note that there is immense untapped potential for India-U.S. high technology commerce and recognise the importance of taking steps to remove systemic tariff and non-tariff barriers, identify and generate awareness of market opportunities, and build additional confidence in the two countries for such trade, in a way that reflects their new relationship and common strategic interests.

2. The two Governments recognize that the private sectors in India and the United States are important partners in this endeavour.

3. The two Governments should focus on steps to create the appropriate environment for successful high technology commerce. The Government of India appreciates the importance that the Government of the United States attaches to a supportive regulatory and institutional environment in India for robust bilateral high technology commerce, including easing barriers to such commerce. The Government of India intends to do its utmost in this regard.

4. The two Governments should seek to identify market opportunities in high technology commerce and related regulations that affect such commerce.

5. The two Governments, in partnership with the private sector, should consider steps for trade promotion efforts to generate awareness about market potential, relevant regulatory issues, collaboration opportunities, and financing possibilities.

6. The two Governments understand the importance of enhancing trade between India and the United States in "dual-use" items, including controlled "dual use" goods and technologies, while protecting the national security and foreign policy interests of both countries, and intend to take steps to facilitate such trade, which is a component of high technology commerce.

7. The two Governments should encourage outreach and educational activities to ensure that the private sectors in India and the United States have full and accurate information regarding the export control laws, regulations, and policies of the two countries.

8. The two Governments attach the highest importance to preventing the proliferation of sensitive goods and technologies. They further recognise the importance of continuing their export control cooperation programme and activities to achieve the shared goal of strengthening export control systems through laws, regulations, and enforcement, in accordance with modern export control standards.

9. The Government of the United States appreciates the importance that the Government of India attaches to the widest possible access to U.S. "dual-use" goods and technologies and to efficiency, continuity, stability, and transparency in the export license application process. The Government of the United States intends to do its utmost in this regard, consistent with its laws and national security and foreign policy objectives, including compliance with international commitments.

10. The two Governments recognize that U.S. "dual-use" export controls currently apply to only a very small fraction of total U.S.-India high technology commerce, and that a broad range of "dual-use" goods and technologies is currently available to India.

11. The Government of the United States should seek to identify and review licensing processes and policies for exports to India of goods and technologies controlled for reasons of anti-terrorism (AT), crime control (CC), encryption (EI), national security (NS), regional stability (RS), and short supply (SS), in a manner that seeks to facilitate further trade in these "dual-use" goods and technologies.

12. For authorized transfers of "dual-use" goods and technologies controlled for missile technology or nuclear proliferation reasons, including exports to entities in civilian space and civilian nuclear energy fields, the Government of India will consider a mutually satisfactory system of assurances regarding end use, diversion, transfers and retransfers within and outside India, re-export, and, where necessary, physical protection and access to the controlled items by third parties.

13. The two Governments should examine cooperative steps to ensure that all parties adhere to license conditions for "dual-use" goods and technologies and should outline the manner in which suspected violations and infractions are to be addressed. The Government of India will cooperate with the Government of the United States in verifying Indian end users and end uses.

14. The two Governments should seek to keep each other informed about changes in their export control laws, regulations, and policies; exchange information on export licences that are approved, denied, or returned without action; and establish a mechanism for prompt discussion of any bilateral "dual-use" export control issues.

15. This Statement of Principles constitutes the basis for further steps to enhance high technology commerce between the two countries.

16. The two Governments plan to convene as soon as possible the India-U.S. High Technology Cooperation Group (HTCG), decided upon in November 2002, to further this Statement of Principles and develop a schedule of meetings and activities for this purpose.

Kenneth I. Juster
Under Secretary
U.S. Department of Commerce

Kanwal Sibal
Foreign Secretary
Indian Ministry of External Affairs

February 5, 2003
Washington, D.C.

China High Technology Trade

Details

uschineseflags

Securing U.S. China High Tech Trade

Implementing the “U.S.-China High Technology Trade Key Sectors Cooperation Action Plan”

The Department of Commerce and the Ministry of Commerce (MOFCOM) reached agreement on implementing the “U.S.-China High Technology Trade Key Sectors Cooperation Action Plan” at the 22nd annual U.S.-China Joint Commission on Commerce and Trade (JCCT) on November 21, 2011 in Chengdu, China. The implementing language focuses on the actions both sides will take to facilitate civilian high technology trade including export control process improvements such as shortening the review time of End User and End Use certifications issued by MOFCOM, and expansion and cooperation efforts such as promoting the Validated End-User program and engaging in joint outreach. This understanding will be implemented and coordinated by the U.S.-China High Technology and Strategic Trade Working Group (HTWG) which was established in 2006 as a working group under the JCCT. The HTWG is co-chaired by the Bureau of Industry and Security and MOFCOM.

U.S.-China High Technology Working Group

The Department of Commerce's Bureau of Industry and Security (BIS) and the People's Republic of China's Ministry of Commerce (MOFCOM), in partnership with the National Association of Manufacturers, held the third annual U.S.-China High Technology and Strategic Trade Working Group (HTWG) Public-Private Sector Dialogue on September 26, 2011 in Washington, DC. The HTWG was established to facilitate high-technology exports to civilian end-users in China, in accordance with U.S. export control requirements.

The principal goals of this public-private sector dialogue were for the United States and China to provide an update on their export control policies and practices, to offer an opportunity for U.S. and Chinese companies to interact directly on these issues, and to learn from individual U.S. and Chinese exporters about the ways in which the two governments can support high technology trade for civilian end-uses.

At the public private sector dialogue, participants focused on how to effectively use the export control system to conduct high tech trade in commercial products to civil end-users for civil end-uses. U.S. and Chinese industry participants provided real-world examples of success in high tech trade, including how comprehensive compliance programs contribute to this success. This all-day event provided ample opportunity for two-way dialogue.

June 19, 2007 Rule on Revisions and Clarification of Export and Reexport Controls for the People’s Republic of China (PRC); New Authorization Validated End-User; Revision of Import Certificate and PRC End-User Statement Requirements

Consolidated Screening List

Consolidated Screening List

 

Multilateral Export Control Regimes

Wassenaar Arrangement

The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, is one of four multilateral export control regimes in which the United States participates. The Arrangement's purpose is to contribute to regional and international security and stability by promoting transparency and greater responsibility in transfers of conventional arms and dual-use (i.e. those having civil and military uses) goods and technologies to prevent destabilizing accumulations of those items. The Wassenaar Arrangement establishes lists of items for which member countries are to apply export controls. Member governments implement these controls to ensure that transfers of the controlled items do not contribute to the development or enhancement of military capabilities that undermine the goals of the Arrangement, and are not diverted to support such capabilities. In addition, the Wassenaar Arrangement imposes some reporting requirements on its member governments.

Nuclear Suppliers Group

The Nuclear Suppliers Group (NSG) is a group of 46 member countries established in 1992 and focused on stemming the proliferation of nuclear weapons.

Australia Group

The formation of the Australia Group (AG) in 1985 was prompted by Iraq’s use of chemical weapons during the Iran-Iraq War (1980-1988). Australia, concerned with Iraq’s development of chemical weapons, recommended harmonization of international export controls on chemical weapons precursor chemicals. As the AG membership grew, it expanded its focus to include chemical production equipment and technologies and measures to prevent the proliferation of biological weapons. Today the AG is composed of 40 member countries.

Missile Technology Control Regime

The United States has been a member of the Missile Technology Control Regime (MTCR) since the regime’s inception in 1987. The focus of the MTCR is to limit the proliferation of missiles capable of delivering weapons of mass destruction. Initially, the MTCR consisted of only seven members. The MTCR has grown to include 34 member countries that have agreed to coordinate their national export controls to stem missile proliferation.

 

Policy Guidance

The Bureau of Industry and Security is charged with the development, implementation and interpretation of U.S. export control policy for dual-use commodities, software, and technology. Dual-use items subject to BIS regulatory jurisdiction have predominantly commercial uses, but also may have military applications. In order to accomplish this objective, BIS seeks to promulgate clear, concise, and timely regulations. This section of the website provides guidance on key regulatory policies for certain destinations, deemed exports (transfers of technology to foreign nationals), encryption and other specific products. For comprehensive information on export licensing requirements and policies refer to the Export Administration Regulations (Title 15 Code of Federal Regulations Parts 730-774).