Foreign Availability Assesments

(03/30/2023): Biden Administration and International Partners Release Export Controls and Human Rights Initiative Code of Conduct

(03/30/2023): Commerce Adds Eleven to Entity List for Human Rights Abuses and Reaffirms Protection of Human Rights as Critical U.S. Foreign Policy Objective

(03/30/2023): BIS Imposes 20 Year Denial Order For Alleged Attempted Unauthorized Export Of Communications Equipment To Iran

(03/23/2023): Commerce Adds 32 Entities In Eleven Countries To Unverified List

(03/09/2023): Iranian National Charged With Illegally Exporting Electrical Equipment to Iran

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(03/30/2023): Biden Administration and International Partners Release Export Controls and Human Rights Initiative Code of Conduct
(03/30/2023): Commerce Adds Eleven to Entity List for Human Rights Abuses and Reaffirms Protection of Human Rights as Critical U.S. Foreign Policy Objective
(03/30/2023): BIS Imposes 20 Year Denial Order For Alleged Attempted Unauthorized Export Of Communications Equipment To Iran
(03/23/2023): Commerce Adds 32 Entities In Eleven Countries To Unverified List
(03/09/2023): Iranian National Charged With Illegally Exporting Electrical Equipment to Iran

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Events

Complying with U.S. Export Controls, March 7-8, 2023, Los Angeles, CA

In partnership with the District Export Council of Southern California, BIS is offering the popular Complying with U.S. Export Controls seminar as a live, in-person event in Los Angeles, CA. This seminar is led by BIS's professional counseling staff and provides an in-depth examination of the Export Administration Regulations (EAR). The program will cover the information exporters need to know to comply with U.S. export control requirements under these regulations. Click here for details.

How to Develop an Effective Export Compliance Program, March 9, 2023, Los Angeles, CA

In partnership with the District Export Council of Southern California, BIS is offering the How to Develop an Effective Export Compliance Program seminar as a live, in-person event in Los Angeles, CA. This one-day workshop provides an overview of the steps a company may take to implement an internal Export Compliance Program. This program includes small group discussion, hands-on exercises, compliance peer networking, and provides a written example of an export compliance program as well as the BIS Export Compliance Guidelines to assist in developing an export compliance program. Click here for details.

Complying with U.S. Export Controls Seminar, June 20-23, 2023

In partnership with the World Trade Center Denver (WTC Denver), and utilizing the power of virtual, interactive learning tools, BIS is offering our popular Complying with U.S. Export Controls seminar as an online program. This interactive course delivers critical information for compliance with the Export Administration Regulations (EAR). Click here for details. Click here for details.

The Bureau of Industry and Security’s (BIS’s) Office of Technology Evaluation (OTE) analyzes the foreign availability of controlled products and technologies. Following the procedures in Part 768 of the Export Administration Regulations (EAR), U.S. exporters may submit a claim supported by evidence of foreign availability, which, if assessed and determined positively by the U.S. Department of Commerce, could lead to a revision of existing controls for a commodity or technical data controlled by the EAR. A Technical Advisory Committee (TAC) may also request that BIS initiate a Foreign Availability Assessment.

OTE conducts Foreign Availability Assessments on behalf of the Secretary of Commerce. The Export Administration Act of 1979, as amended, (EAA), and Part 768 of the EAR authorizes the Secretary of Commerce to conduct Foreign Availability Assessments to examine and evaluate the effectiveness of U.S. Export Controls on certain items that are controlled for national security reasons under the EAR. Foreign availability exists for a national-security controlled item when a non-U.S. origin item of comparable quality is foreign available, and in sufficient quantities, such that the U.S. export controls on that item would be rendered ineffective. To assess comparable quality, OTE would consider the similarity of the non-U.S.-origin items to its U.S.-origin counterparts in function, technical approach, performance thresholds, maintainability, and service life. As part of the assessment process, OTE considers data and recommendations submitted by the Departments of Defense and State and other relevant departments and agencies, TACs, and industry.

The program is designed to involve the business community directly in assessing and maintaining appropriate levels of control to reduce burdens of licensing where export controls have become ineffective due to the foreign availability of specific items.

Links:

Q&A Guidance on Foreign Availability Assessments

9/8/2014 - Notice of Initiation of a Foreign Availability Assessment: Anisotropic Plasma Dry Etching Equipment

2/9/2015 - Notice of Foreign Availability Determination: Anisotropic Plasma Dry Etching Equipment