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1
Introduction
  • presented by
  • Christopher Padilla
  • Assistant Secretary for Export Administration
  • Bureau of Industry and Security
  • U.S. Department of Commerce



2
Joint Statement of March 2, 2006

  • In the March 2, 2006, Joint Statement, President George W. Bush and Prime Minister Manmohan Singh “welcomed the U.S. Department of Commerce's plan to create a license exception for items that would otherwise require an export license to end-users in India engaged solely in civilian activities.”
  • The creation of the Validated End User, or Trusted Customer, program builds on the positive momentum of the strategic partnership and further advances the bilateral high technology trade relationship.



3
What is Trusted Customer?

  • Trusted customer is a simple concept:  Customers who have demonstrated their ability to use controlled items responsibly can become eligible to receive that technology without a license.
  • Unlike individual licenses (which typically expire after two years), Trusted Customer authorizations are valid for an indefinite time period.



4
Benefits of Trusted Customer
    • Allows for more efficient trade between U.S. exporters and Indian importers by removing export licensing requirements.
    • Creates a “trusted customer” list of Indian end-users that are responsible users of sensitive goods and technology.
    • Acts as a market-based incentive for firms to follow responsible export control practice.





5
Launching Trusted Customer
  • The Bureau of Industry and Security will launch the Trusted Customer Program in the first half of 2007.  There will be two steps:
    • Amend the Export Administration Regulations to designate India as  country eligible for Validated End User authorization.
    • Publish an initial list of names of Indian end users that have qualified as Trusted Customers.
6
Nominating Indian End Users
  • There will be a number of ways for Indian entities to be nominated for Trusted Customer authorization:
    • The U.S. government can identify end users based on export licensing data.
    • Indian companies can apply for Trusted Customer.
    • U.S. suppliers can nominate their customers in India.
7
Application Process
  • The Federal Register Notice announcing India as eligible for Trusted Customer will give detailed instructions on how to apply to the Department of Commerce.
  • Application will be in the form of a letter to the Department of Commerce.
  • Applicants must identify items, end-users, and end uses in addition to describing record keeping and compliance plans.
8
A Simple Application and Adherence Process
  • The process for apply for, and adhering to, Trusted Customer will be simple and easy to understand.


9
How are Trusted Customers Reviewed
  • Candidates must meet a number of end use criteria, including:
    • Demonstrated record of engaging only in civil end uses;
    • Not contributing to the proliferation of WMD;
    • Not engaging in activities that are contrary to U.S. foreign policy or national security interests;
    • Must have a positive track record of complying with U.S. export controls;
    • Commitment to comply with Trusted Customer requirements;
    • Agree to on-site record reviews by U.S. government officials.
10
Additional Criteria
  • In addition, the U.S. government will consider the status of export controls in India.
    • For example, are the items proposed for a particular Trusted Customer controlled by India in a manner comparable to the relevant multilateral control regime?
11
Types of Items Eligible for Trusted Customer
  • Items controlled for national security, chemical/biological or nuclear nonproliferation reasons can be considered for Trusted Customer.
  • Items exporter under Trusted Customer cannot be used for nuclear, chemical, missile, or biological weapons proliferation activities that are prohibited by the Export Administration Regulations.
  • Indian end-users would need a license for onward        re-exports.
12
Impact of VEU
  • VEU allows for more efficient trade between U.S. exporters and Indian importers by removing export licensing requirements.
  • Through an analysis of BIS licensing data, VEU could result in an initial reduction of 10-15% in licensing volume for India.
13
Conclusion
  • For the first time, Commerce will create an export authorization that will act as a market-based incentive for firms to demonstrate good export control behavior.
  • We hope that customers will be anxious to earn this treatment – showing that market competition and counter-proliferation can be mutually reinforcing.
  • As India continues to make progress in harmonizing its export controls with those of the major multilateral control regimes, we anticipate that even more trade will become eligible for this treatment.