[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Notices]
[Pages 67904-67905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26106]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 211123-0244]
XRIN 0694-XC088


Request for Public Comments Regarding Areas and Priorities for 
U.S. and EU Export Control Cooperation Under the Trade and Technology 
Council

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Notice of inquiry, request for comments.

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SUMMARY: The Bureau of Industry and Security (BIS) requests public 
comments regarding areas and priorities for U.S. and EU export control 
cooperation to help inform the work of the U.S-EU Trade and Technology 
Council (TTC) Export Control Working Group. Comments should address 
ways in which existing U.S. and/or European Union dual-use export 
control policies and practices may be more transparent, more efficient 
and effective, more convergent, and fit for today's challenges, in 
particular with regards to the control of emerging technologies.

DATES: Comments must be received by BIS no later than January 14, 2022.

ADDRESSES: Comments may be submitted to the Federal rulemaking portal 
(www.regulations.gov). The regulations.gov ID for this rule is BIS-
2021-0044. All relevant comments (including any personally identifying 
information) will be made available for public inspection and copying. 
All filers using the portal should use the name of the person or entity 
submitting the comments as the name of their files.

FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Director, Office of 
National Security and Technology Transfer Controls, Bureau of Industry 
and Security, Department of Commerce, by phone at (202) 482-0092, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On June 15, 2021, President Biden and European Commission President 
Ursula von der Leyen launched the U.S.-EU Trade and Technology Council 
at the U.S.-EU Summit in Brussels.
    Together, the United States and the European Union account for a 
quarter of global trade and almost half of global GDP, with U.S.-EU 
two-way trade in goods and services amounting to $1.1 trillion in 2019. 
In view of this, the Trade and Technology Council (TTC) serves as a 
forum for the United States and the European Union to coordinate 
approaches to key global trade, economic, and technology issues, and to 
deepen transatlantic trade and economic relations based on shared 
democratic values.
    The main goals of the TTC are to expand and deepen bilateral trade 
and investment; avoid new technical barriers to trade; cooperate on key 
policies on technology, digital issues and supply chains; support 
collaborative research; cooperate on the development of compatible and 
international standards; cooperate on regulatory policy and 
enforcement; and promote innovation and leadership by U.S. and EU 
firms.
    The TTC's ten working groups provide a framework for tackling 
challenges and advancing work aligned with some of our shared trade and 
technology priorities, such as cooperation on technology standards, 
global trade challenges and supply chain security, climate and clean 
technology, Information and Communications Technology (ICT) security 
and competitiveness, data governance and technology platforms, the 
misuse of technology threatening security and human rights, export 
controls, investment screening, and access to, and use of, digital 
technologies by small and medium enterprises.
    On September 29, 2021, the U.S.-EU TTC met for the first time. The 
United States and the European Union reaffirmed the TTC's objectives 
to: Coordinate approaches to key global technology, economic, and trade 
issues; and deepen transatlantic trade and economic relations, basing 
policies on shared democratic values.
    Under the TTC's Export Control Working Group, the United States and 
the European Union are seeking to enhance their cooperation in the 
following areas:
    Technical consultations on current and upcoming legislative and 
regulatory developments to promote the global convergence of controls 
and ensure legal security for U.S. and EU companies, including regular 
adjustments to control lists and specific license exceptions/General 
Export Authorizations, development of guidelines, as well as review of 
relevant regulatory developments in third countries (i.e., not the 
United States or a member state of the European Union);
    Technical consultations and development of convergent control 
approaches on sensitive dual-use technologies, as appropriate;
    Information exchange on risks associated with: (1) The export of 
sensitive technologies to destinations and entities of concern, 
exchange of best practices on the implementation and licensing for 
listed or non-listed sensitive items; and (2) technology transfers and 
dual-use research of concern and exchange of best practices to support 
the effective application of controls while facilitating research 
collaboration between U.S. and EU research organizations;
    Technical consultations on compliance and enforcement approaches 
(i.e., legal and regulatory basis, institutional and administrative 
arrangements) and actions;
    Capacity building assistance to third countries to develop 
appropriate capabilities to implement guidelines and lists of 
multilateral export control regimes, appropriate export control 
policies and practices, as well as relevant enforcement measures; and
    Technical consultations regarding multilateral and international 
cooperation, including prior to the introduction of controls outside 
the multilateral regimes, as appropriate.
    Comments on ways in which existing U.S. and/or European Union dual-
use export control policies and practices may be more transparent, more 
efficient and effective, more convergent, and fit for today's 
challenges, in particular with regards to the control of emerging 
technologies from all interested persons are welcome and will assist 
BIS in developing ideas and proposals, as well as facilitate a 
productive dialogue with the European Union. Comments providing 
specific and concrete examples where further convergence in U.S. and EU 
export control practices and policies could enhance international 
security and the protection of human rights, and support a global 
level-playing field and joint technology development and innovation, 
would be particularly helpful.
    Additionally, the U.S. and European Union held a joint virtual 
outreach for stakeholders on October 27, 2021 and received an initial 
round of comments from participants representing the U.S.

[[Page 67905]]

and EU private and nongovernment sectors. In summary, speakers at the 
virtual outreach event provided input including, but not limited to, 
the view that export controls should be implemented on a multilateral 
basis; that 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; and that there is a need to address the challenges associated 
with the fast pace of innovation and quickly evolving emerging 
technologies by developing a holistic approach that will protect and 
promote these technologies. A further description of the topics covered 
in the stakeholder event will be posted on BIS's website.

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-26106 Filed 11-29-21; 8:45 am]
BILLING CODE 3510-33-P