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Improving Export Recordkeeping Requirements is Subject of BIS Inquiry

Wednesday, October 01, 2014
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security is inviting comments through Dec. 2 on ways to improve the record creation and retention requirements of the Export Administration Regulations. BIS is considering proposing revisions to these requirements, which have not been comprehensively reviewed in nearly 20 years, to more effectively describe subject records and persons while attempting to reduce unnecessary burdens, improve clarity, take into account current data management processes, and maintain the necessary tools for effective EAR compliance and enforcement.

BIS is therefore seeking public comment on all aspects of its recordkeeping requirements. Comments should include a description of a problem or concern, available data on cost or

economic impact, and a proposed solution. Comments on aspects of the current recordkeeping provisions that are considered effective or well-designed are also welcome. In particular, BIS invites comments on the following issues.

- how the current recordkeeping requirements have positively or negatively affected organizations

- any recordkeeping provisions or references to documents that are out of date

- whether the recordkeeping provisions should make transactional distinctions on when records should be created or maintained (e.g., treating intangible transfers of technology or software differently than tangible exports or reexports for record creation and retention purposes)

- whether it would be efficient to make a distinction between provisions that require the maintenance of records created in the ordinary course of business and those that require the creation of records for export control purposes that would not otherwise be created in the ordinary course of business

- any record creation requirements in the EAR that should be reviewed or revised

- any recordkeeping requirements under U.S. or other law that would serve as good examples for the EAR

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