The Bureau of Industry and Security (BIS) is an agency of the
United States Department of Commerce
The United States Department of Commerce is an executive department of the U.S. federal government concerned with creating the conditions for economic growth and opportunity. Among its tasks are gathering economic and demographic data for bu ...
that deals with issues involving national security and high technology. A principal goal for the bureau is helping stop the proliferation of weapons of mass destruction, while furthering the growth of
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
exports. The Bureau is led by the
Under Secretary of Commerce for Industry and Security
The Under Secretary of Commerce for Industry and Security, or USC(IS), is a high-ranking official in the United States Department of Commerce and the principal advisor to the United States Secretary of Commerce on the export of sensitive goods and ...
.
The mission of the BIS is to advance U.S.
national security
National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military atta ...
,
foreign policy
A State (polity), state's foreign policy or external policy (as opposed to internal or domestic policy) is its objectives and activities in relation to its interactions with other states, unions, and other political entities, whether bilaterall ...
, and
economic interests. BIS's activities include regulating the export of sensitive goods and
dual-use technologies
In politics, diplomacy and export control, dual-use items refers to goods, software and technology that can be used for both civilian and military applications. in an effective and efficient manner; enforcing
export control
Export control is legislation that regulates the export of goods, software and technology. Some items could potentially be useful for purposes that are contrary to the interest of the exporting country. These items are considered to be ''controlled ...
,
anti-boycott
An anti-boycott, counter-boycott, or buycott is the excess buying of a particular brand or product in an attempt to counter a boycott of the same brand or product. Anti-boycott measures could also be in the form of laws and regulations adopted ...
, and
public safety
Public security or public safety is the prevention of and protection from events that could endanger the safety and security of the public from significant danger, injury, or property damage. It is often conducted by a state government to ensur ...
laws; cooperating with and assisting other countries on
export
An export in international trade is a good produced in one country that is sold into another country or a service provided in one country for a national or resident of another country. The seller of such goods or the service provider is an ...
control and strategic trade issues; assisting U.S. industry to comply with international
arms control agreements; monitoring the viability of the U.S.
defense–industrial base; and promoting federal initiatives and
public-private partnerships to protect the nation's
critical infrastructure
Critical infrastructure (or critical national infrastructure (CNI) in the UK) is a term used by governments to describe assets that are essential for the functioning of a society and economy – the infrastructure. Most commonly associated wi ...
s.
Items on the
Commerce Control List (CCL) – which includes many sensitive goods and technologies like
encryption software
Encryption software is software that uses cryptography to prevent unauthorized access to digital information. Cryptography is used to protect digital information on computers as well as the digital information that is sent to other computers over t ...
– require a permit from the Department of Commerce before they can be exported. To determine whether an export permit is required, an
Export Control Classification Number
The Export Administration Regulations (EAR) are a set of regulations found a15 C.F.R. § 730 ''et seq'' They are administered by the Bureau of Industry and Security, which is part of the US Commerce Department. The EAR regulates export and expor ...
(ECCN) is used.
Organization
The Bureau of Industry and Security, a component of the
United States Department of Commerce
The United States Department of Commerce is an executive department of the U.S. federal government concerned with creating the conditions for economic growth and opportunity. Among its tasks are gathering economic and demographic data for bu ...
, is organized by the
United States Secretary of Commerce
The United States secretary of commerce (SecCom) is the head of the United States Department of Commerce. The secretary serves as the principal advisor to the president of the United States on all matters relating to commerce. The secretary rep ...
as follows:
*
Under Secretary of Commerce for Industry and Security
The Under Secretary of Commerce for Industry and Security, or USC(IS), is a high-ranking official in the United States Department of Commerce and the principal advisor to the United States Secretary of Commerce on the export of sensitive goods and ...
**Deputy Under Secretary of Commerce for Industry and Security
**Assistant Secretary of Commerce for Export Administration
***Office of National Security and Technology Transfer Controls
***Office of Nonproliferation and Treaty Compliance
***Office of Strategic Industries and Economic Security
***Office of Exporter Services
***Office of Technology Evaluation
**Assistant Secretary of Commerce for Export Enforcement
***
Office of Export Enforcement
The Office of Export Enforcement (OEE) is a part of the United States Department of Commerce, Bureau of Industry and Security.
BIS is the principal agency involved in the development, implementation, and enforcement of export controls for commerc ...
***Office of Enforcement Analysis
***Office of Antiboycott Compliance
Guiding principles of the Bureau of Industry and Security
The main focus of the bureau is the security of the United States, which includes its
national security
National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military atta ...
,
economic security
Economic security or financial security is the condition of having stable income or other resources to support a standard of living now and in the foreseeable future. It includes:
* probable continued solvency
* predictability of the future cash ...
,
cyber security
Computer security, cybersecurity (cyber security), or information technology security (IT security) is the protection of computer systems and networks from attack by malicious actors that may result in unauthorized information disclosure, the ...
, and
homeland security
Homeland security is an American national security term for "the national effort to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards where American interests, aspirations, and ways of life can thrive" t ...
. For example, in the area of
dual-use
In politics, diplomacy and export control, dual-use items refers to goods, software and technology that can be used for both civilian and military applications. export controls
Export control is legislation that regulates the export of goods, software and technology. Some items could potentially be useful for purposes that are contrary to the interest of the exporting country. These items are considered to be ''controlled ...
, BIS administers and enforces such controls to stem the proliferation of
weapons of mass destruction
A weapon of mass destruction (WMD) is a chemical, biological, radiological, nuclear, or any other weapon that can kill and bring significant harm to numerous individuals or cause great damage to artificial structures (e.g., buildings), natura ...
and the means of delivering them, to halt the
spread of weapons to
terrorists
Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
or countries of concern, and to further
U.S. foreign policy
The officially stated goals of the foreign policy of the United States of America, including all the bureaus and offices in the United States Department of State, as mentioned in the ''Foreign Policy Agenda'' of the Department of State, are ...
objectives. Where there is credible evidence suggesting that the export of a dual-use item threatens U.S. security, the Bureau is empowered to prevent export of the item.
In addition to national security, BIS's function is to ensure the health of the U.S. economy and the competitiveness of U.S. industry. BIS promotes a strong defense–industrial base that can develop and provide technologies that will enable the United States to maintain its military superiority. BIS takes care to ensure that its regulations do not impose unreasonable restrictions on legitimate
international commercial activity that are necessary for the health of
U.S. industry.
Private sector collaboration
BIS works with the private sectors of the
aerospace manufacturer
An aerospace manufacturer is a company or individual involved in the various aspects of designing, building, testing, selling, and maintaining aircraft, aircraft parts, missiles, rockets, or spacecraft. Aerospace is a high technology industry.
...
s,
microprocessor
A microprocessor is a computer processor where the data processing logic and control is included on a single integrated circuit, or a small number of integrated circuits. The microprocessor contains the arithmetic, logic, and control circu ...
,
defense
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense industr ...
and other
high-tech
High technology (high tech), also known as advanced technology (advanced tech) or exotechnology, is technology that is at the cutting edge: the highest form of technology available. It can be defined as either the most complex or the newest te ...
industries, which today controls a greater share of critical U.S. resources than in the past. Because the health of U.S. industry is dependent on U.S. security, BIS has formed a
symbiotic relationship
Symbiosis (from Greek , , "living together", from , , "together", and , bíōsis, "living") is any type of a close and long-term biological interaction between two different biological organisms, be it mutualistic, commensalistic, or parasit ...
between industry and security, which is reflected in the formulation, application, and enforcement of BIS rules and policies.
Shifting global priorities
BIS activities and regulations also seek to adapt to changing global conditions and challenges. The political, economic, technological, and
security
Security is protection from, or resilience against, potential harm (or other unwanted coercive change) caused by others, by restraining the freedom of others to act. Beneficiaries (technically referents) of security may be of persons and social ...
environment that exists today is substantially different than that of only a decade ago. Laws, regulations, or practices that do not take into account these new global realities—and that do not have sufficient flexibility to allow for adaptation in response to future changes—ultimately harm national security by imposing costs and burdens on U.S. industry without any corresponding benefit to U.S. security. In the area of exports, these significant
geopolitical changes suggest that the U.S. control regime that in the past was primarily list-based must shift to a mix of list-based controls and controls that target specific end-uses and end-users of concern. BIS thinks about how new technologies can be utilized in designing better export controls and enforcing controls more effectively.
BIS strives to work cooperatively with
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
and
local government
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
officials,
first responders
A first responder is a person with specialized training who is among the first to arrive and provide assistance or incident resolution at the scene of an emergency, such as an accident, disaster, medical emergency, structure fire, crime, or terr ...
, and
federal executive departments and
agencies, including the
National Security Council
A national security council (NSC) is usually an executive branch governmental body responsible for coordinating policy on national security issues and advising chief executives on matters related to national security. An NSC is often headed by a na ...
,
Department of Homeland Security
The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terr ...
,
Department of State,
Department of Defense Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philipp ...
,
Department of Energy A Ministry of Energy or Department of Energy is a government department in some countries that typically oversees the production of fuel and electricity; in the United States, however, it manages nuclear weapons development and conducts energy-rel ...
,
Department of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
, and the
Intelligence Community. BIS consults with its
oversight
Oversight may refer to:
Governance
*Regulation – rulemaking
*Separation of powers in state governance (checks and balances) - the concept of separate branches of government or agencies exercising authority over one another
*Checks and control ...
committees, (the
House Foreign Affairs Committee
The United States House Committee on Foreign Affairs, also known as the House Foreign Affairs Committee, is a standing committee of the U.S. House of Representatives with jurisdiction over bills and investigations concerning the foreign affairs o ...
and
Senate Banking, Housing, and Urban Affairs Committee) and other appropriate
Members of Congress
A Member of Congress (MOC) is a person who has been appointed or elected and inducted into an official body called a congress, typically to represent a particular constituency in a legislature. The term member of parliament (MP) is an equivalen ...
and
congressional staff
Congressional staff are employees of the United States Congress or individual members of Congress.
History
Before the American Civil War, members of Congress did not have staff assistance or even offices, and "most members worked at their desks ...
on matters of mutual interest.
International cooperation
International cooperation
In international relations, multilateralism refers to an alliance of multiple countries pursuing a common goal.
Definitions
Multilateralism, in the form of membership in international institutions, serves to bind powerful nations, discourage u ...
is critical to BIS's activities. The mission of promoting security depends heavily upon international cooperation with the United States's principal trading partners and other countries of strategic importance, such as major
transshipment
Transshipment, trans-shipment or transhipment is the shipment of goods or containers to an intermediate destination, then to another destination.
One possible reason for transshipment is to change the means of transport during the journey (e.g. ...
hubs. BIS takes the viewpoint that when seeking to control the spread of dangerous goods and technologies,
protecting critical infrastructures, and ensuring the existence of a strong defense industrial base, international cooperation is critical. With regard to export control laws in particular, effective
enforcement
Enforcement is the proper execution of the process of ensuring compliance with laws, regulations, rules, standards, and social norms.
Governments attempt to effectuate successful implementation of policies by enforcing laws and regulations.
Ena ...
is greatly enhanced by both international cooperation and an effort to harmonize the substance of U.S. laws with those of our principal trading partners. International cooperation, however, does not mean "settling on the
lowest common denominator
In mathematics, the lowest common denominator or least common denominator (abbreviated LCD) is the lowest common multiple of the denominators of a set of fractions. It simplifies adding, subtracting, and comparing fractions.
Description
The low ...
." Where consensus cannot be broadly obtained, the BIS will maintain its principles, often through cooperation among smaller groups of like-minded partners.
Lists of Parties of Concern
The Bureau keeps 5 major lists updated:
The Consolidated Screening List is a searchable database maintained under a collaboration of the Departments of Commerce, State and Treasury, to aid individuals and industries which may be engaged in overseas trade to determine whether transactions involving specific persons or items are legal, or whether licensure or special records are required.
The Entity List, which is regularly updated on both the BIS website and the Federal Register.
The Military End User List, published as a supplement to the Export Administration Regulations Section 744.
The Denied Persons List
The Unverified List
See also
*
Title 15 of the Code of Federal Regulations Title 15 is the portion of the Code of Federal Regulations that governs Commerce and Foreign Trade within the United States. It is available in digital or printed form.
Title 15 comprises three volumes, and is divided into four Subtitles:
* Subtit ...
*
Commodity Classification Automated Tracking System {{refimprove, date=April 2007
Commodity Classification Automated Tracking System (CCATS) is an alphanumeric code assigned by the United States Bureau of Industry and Security (BIS) to products that it has classified under the Export Administratio ...
References
External links
Bureau of Industry and SecurityBureau of Industry and Securityin the
Federal Register
The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on feder ...
Search BIS Screening List
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Export and import control
United States Department of Commerce agencies
Federal law enforcement agencies of the United States