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- presented by
- Christopher Padilla
- Assistant Secretary for Export Administration
- Bureau of Industry and Security
- U.S. Department of Commerce
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- 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.
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- 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.
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- 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.
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- 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.
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- 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.
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- 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.
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- The process for apply for, and adhering to, Trusted Customer will be
simple and easy to understand.
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- 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.
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- 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?
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- 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.
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- 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.
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- 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.
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