BIS Seeking Feedback on EU Export Control Collaboration, Previews Working Group Plans
The Bureau of Industry and Security is seeking public comments on areas and priorities for export control cooperation between the U.S. and the European Union, the agency said in a notice. The comments will help inform the work of the recently established U.S-EU Trade and Technology Council and its export control working group, including efforts to harmonize controls over dual-use items and emerging technologies (see 2109290083 and 2110010036). Comments are due Jan. 14, 2022.
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The agency said it’s specifically seeking comments on how it can best impose export controls on emerging technologies. The feedback will “assist BIS in developing ideas and proposals, as well as facilitate a productive dialogue with the European Union,” the agency said. Comments that include “specific and concrete examples” on where “further convergence” between U.S. and EU control practices could increase international security, protect human rights and “support a global level-playing field” for technology innovation would be “particularly helpful.”
BIS said it’s looking to determine how U.S. and EU controls can be “more transparent, more efficient and effective, more convergent, and fit for today’s challenges,” especially as technologies continue to evolve. The TTC export control working group -- which held its first event in October to gather feedback on export control challenges (see 2110260011) -- is specifically looking to increase U.S.-EU collaboration on new regulatory changes, revisions to control lists, export guidance and more, BIS said.
The group plans to discuss how to develop “convergent control approaches” on sensitive dual-use technologies by better sharing information on the risks of exporting technologies to “destinations and entities of concern,” the agency said. Officials will also share best practices for export licensing of non-listed sensitive items, BIS said, and how controls can still be effective while also not hindering collaboration between U.S. and EU researchers. The two sides also plan to hold “technical consultations” on their approaches to compliance and enforcement and their approaches to updating lists at multilateral export control regimes.
During the first October meeting, BIS said some speakers criticized U.S. unilateral controls and said both sides should prioritize multilateral restrictions. The “extraterritorial application of U.S. export controls creates regulatory burdens on European stakeholders and discourages European entities from collaborating with U.S. counterparts, creating incentives to avoid U.S. technology or, in some cases, hire U.S. persons,” they said during the meeting, according to BIS. The agency has heard similar comments from companies, research organizations and universities for months, especially from those concerned that its effort to control emerging and foundational technologies could unnecessarily capture a broad range of technologies (see 1911070014 and 2012020044). The agency said it plans to publish a “further description of the topics covered” during the meeting on its website.