BIS Asks Trade Community to Recommend Recordkeeping Changes
The Bureau of Industry and Security is asking for public comment on ways to simplify the recordkeeping requirements in the Export Administration Regulations. The requirements relate to export control provisions, including Electronic Export Information, and “anti-boycott” provisions in the EAR. BIS is asking for comment on all aspects of the recordkeeping requirements in order to propose changes that would simplify the procedures. BIS said in its notice the comments should pertain to the following areas:
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- How have the current recordkeeping requirements of the EAR positively or negatively affected organizations? Quantitative analyses on this topic would be beneficial.
- Are there any recordkeeping provisions or references to documents that are out of date? Are there provisions in the recordkeeping requirements that should be updated to take into account technological changes in how business is conducted and records are maintained?
- Should the recordkeeping provisions make transactional distinctions on when records should be created or maintained? For instance, should intangible transfers of technology or software be treated differently than tangible exports or reexports for record creation and record retention purposes? Or would it be preferable to avoid making distinctions in order to have more clear and concise requirements?
- Would it be efficient to make a distinction in Part 762 between provisions that require the maintenance of records created in the ordinary course of business as opposed to those that require the creation of records for export control purposes that would not otherwise be created in the ordinary course of business?
- Are there any record creation requirements in the EAR that should be reviewed or revised?
- Are there any recordkeeping requirements under U.S. or other law that would serve as good examples for the EAR?
Comments must be submitted by Dec. 1 through www.regulations.gov, identification number BIS-2014-0035.
(Federal Register 10/01/2014)