United States DEPARTMENT of Commerce

P e r f o r m a n c e S e c t i o n * s t r a t e g i c g o a l 1
The Department will also continue to strengthen its ability
to promote U.S. competitiveness by improving deemed
export policy, studying the impact of export controls and
other factors on strategic industries, and evaluating the
effects on national security of imports of certain items and
foreign investments in U.S. companies.
C h a l l e n g e s f o r t h e F u t u r e
ITA faces new demands as the international trade
environment changes from year to year: new barriers are
erected, the role of international organizations and alliances
is strengthened, and other foreign regulatory measures are
implemented that have a negative impact on ITA exports.
Market access cases frequently arise from these foreign
Director of the Office of Strategic Industries and Economic
Security, Dan Hill.
regulatory measures. Complaints are received by ITA from U.S. companies experiencing overseas barriers to U.S. exports, which
are not covered by trade agreements. Compliance cases rise from complaints received by ITA from U.S. companies regarding
failures by foreign governments to implement trade agreements negotiated by the United States and through monitoring efforts
by ITA compliance officers.
BIS faces the challenges of implementing an export control system that advances U.S. national security, foreign policy, and
economic objectives in a dynamic technology and geopolitical environment. This includes strengthening the legal foundation
of the dual-use export control system. The EAA lapsed on August 20, 2001. Executive Order 13222 of August 17, 2001 (3 C.F.R.,
2001 Compo 783 (2002), which has been extended by successive Presidential Notices, the most recent being that of Notice of
August 3, 2006 (71 FR 44551 (August 7, 2006)) continues the regulations in effect under the International Emergency Economic
Powers Act (IEEPA). While the Department effectively exercises its authority under IEEPA, the legal foundation for the dual-use
export control system can be strengthened. The Administration has vigorously advocated a streamlined and strengthened export
control system that effectively promotes both U.S. national security and U.S. economic interests. To address this challenge, the
Department continues to work with Congressional members and staff on export control reforms that enhance the Department’s
ability to facilitate legitimate global trade while reducing illicit traffic in dual-use items and targeting export control resources
on transactions of greatest risk.
This challenge also includes managing export controls to maximize security with minimum impact on U.S. competitiveness. Trade
must rest on a firm foundation of security, yet controls on trade must not disadvantage U.S. exporters needlessly. To meet this
challenge, the Department will use BIS’s Office of Technology Evaluation and other resources to understand better the impact of
technology, markets, and geopolitical developments on U.S. security and competitiveness.
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