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AUECO Public Comments
The following documents were submitted by AUECO in response to various U.S. Government proposals regarding export control regulations.
Public Comment letters by year:
09/25/2024: AUECO Comments on Export Administration Regulations: Crime Controls and Expansion/Update of U.S. Persons Controls, 89 Fed. Reg. 60,998. Download the comments.
09/25/2024: AUECO Comments on End-Use and End-User Based Export Controls, Including U.S. Persons Activities Controls: Military and Intelligence End Use and End Users, 89 Fed. Reg. 60,985 RIN 0694-AJ43, BIS-2024-0029. Download the comments.
09/25/2024: AUECO Comments on International Traffic in Arms Regulations: Revisions to definition and Controls Related to Defense Services, 89 Fed. REg. 60,980 RIN 1400-AF29, DOS-2024-0023. Download the comments.
11/14/2023: AUECO Request for Regulatory Amendment or Guidance: Expansion of Electronic Export Information Filing Requirements in 15 C.F.R. § 758.1(b)(10). 85 FR 23459. Download the comments.
06/05/2023: AUECO Full Response to Research Security Program Standard Requirement developed in response to National Security Presidential Memorandum 33 (NSPM-33). 88 FR 14187. Download the comments.
01/19/2023: AUECO Full Response to RIN 0694-AI94 regarding Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification. 87 Fed. Reg. 62186. Download the comments.
03/21/2022: AUECO Full Response to RIN 1400-AF339 regarding ITAR: Corrections and Clarifications for Export and Reexport; Canadian Exemptions; Exemptions Regarding Intra-Company, Intra-Organization, and Intra-Governmental Transfers to Employees Who Are Dual Nationals or Third-Country Nationals; and Voluntary Disclosures. 85 Fed. Reg. 5759. Download the comments.
01/14/2022: AUECO Full Response to BIS 2021-0044-Request for Public Comments Regarding Areas and Priorities for U.S. and EU Export Control Cooperation Under the Trade and Technology Council. Download the comments.
-- Back to top --02/26/2021: AUECO Full Response to RIN 0694-AI38 regarding the Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of U.S. Persons. Download the comments.
10/27/2020: AUECO Full Response to RIN 0694-AH80 regarding identification and Reviews of Controls for Certain Foundational Technologies. 85 Fed. Reg. 52934. Download the comments.
09/17/2020: AUECO Follow-up Letter to DoD - Response to the GAO Report on Export Controls: State and Commerce Should Improve Guidance and Outreach to Address University-Specific Compliance Issues (May 2020). Read the GAO Report. Download the AUECO Letter.
09/01/2020: AUECO Follow-up Letter to DDTC - Response to the GAO Report on Export Controls: State and Commerce Should Improve Guidance and Outreach to Address University-Specific Compliance Issues (May 2020). Read the GAO Report. Download the AUECO Letter.
08/25/2020: AUECO Follow-up Letter to GAO - Response to the GAO Report on Export Controls: State and Commerce Should Improve Guidance and Outreach to Address University-Specific Compliance Issues (May 2020). Read the GAO Report. Download the AUECO Letter.
08/25/2020: AUECO Follow-up Letter to BIS - Response to the GAO Report on Export Controls: State and Commerce Should Improve Guidance and Outreach to Address University-Specific Compliance Issues (May 2020). Read the GAO Report. Download the AUECO Letter.
06/17/2020: AUECO comments on the BIS Final Rule expanding the application of the Export, Reexport, and Transfer (in-country) controls for Military End Use or Military End Users in China, Russia, or Venezuela. 85 Fed. Reg. 23459. Download the comments.
08/26/2019: AUECO comments on the DDTC request for public input on consolidating and clarifying the various exemptions located throughout the ITAR. 84 Fed. Reg. 36040. Download the comments.
07/23/2019: AUECO comments on the OFAC Interim Final Rule amending the Reporting, Procedures and Penalties Regulations in connection with reporting on Blocked/Unblocked Property and Rejected Transactions under 31 CFR Part 501. 84 Fed. Reg. 29055. Download the comments.
01/09/2019: AUECO Full Response to RIN 0694-AH61 regarding the establishment of controls on certain "emerging technologies". 83 Fed. Reg. 58201. Download the comments.
11/28/2018: AUECO Preliminary Response and Request for Extension to RIN 0694-AH61 regarding the establishment of controls on certain "emerging technologies". 83 Fed. Reg. 58201. Download the comments.
10/30/2018: AUECO comments to BIS Request for Proposals regarding updates and modernization of the Commerce Control List (CCL). Download the comments.
09/01/2017: AUECO comments to OFAC regarding the anticipated changes to the Cuban Assets Control Regulations. Download the comments.
07/31/2017: AUECO provides comments in response to Review of Regulations, 82 Fed. Reg. 27217-27218. Download the comments.
03/21/2017: AUECO provide comments in response to HSAR Case 2015-001 "Safeguarding of Controlled Unclassified Information". Download the comments.
12/30/2016: AUECO provide comments in response to Docket ID: DOD-2015-OS-0216, RIN 0790-A173 "Withholding of Unclassified Technical Data and Technology from Public Disclosure". Download the comments.
04/14/2016: AUECO provides comments in response to Docket ID: DARS-2015-0039; Agency: Defense Acquisition Regulations System (DARS) [RIN 0750-AI61 Safeguarding Covered Defense Information and Cyber Incident Reporting (DFARS 252.204-7012 DEC 2015)] which proposes "Revisions to the Definitions of Cyber Incidents". Download the comments.
04/05/2016: AUECO provides comments in response to ITAR Amendment - Category XII Second Proposed which proposes "Revisions to the "Definitions of Specially Designed for a Military End Use; Specially Designed for Articles in this Subchapter; Specially Designed for Articles in this Category". Download the comments.
03/15/2016: AUECO provide comments in response to RIN 0694-AF75 which proposes "Revisions to the "specially designed" criteria. Download the comments.
02/29/2016: AUECO provides comments in response to RIN 0750-AI61 "Defense Federal Acquisition Regulation Supplement: Network Penetration Reporting and Contracting for Cloud Services (DFARS Case 2016-D018)." Download the comments.
08/17/2015: AUECO provides comments in response to RUN 1400-AD03 regarding proposed amendments to the United States Munitions List; Categories XIV and XVIII which would have an impact on academic research". Download the comments.
08/03/2015: AUECO provides comments in response to RIN 1400-AD70 which proposes "Revisions to the Definitions of Defense Services, Technical Data, and Public Domain; Definitions of Product of Fundamental Research; Electronic Transmission and Storage of Technical Data; and Related Definitions, 80 Fed. Reg. 31525 (June 3, 2015)." Download the comments.
08/03/2015: AUECO provide comments in response to RUN 0694-AG32 which proposes revisions to the EAR definitions of "Educational Information," "Fundamental Research," "Technology," and "Software". AUECO also comments on the Q&A section of Supplement No. 1 of Part 734 as well as the "End to End Encryption Standard". Download the comments.
05/12/2015: AUECO provides comments in response to the NIST Special Publication 800-171, Protecting Controlled Unclassified Information in Non-federal Information Systems and Organizations Final Public Draft. AUECO concurs with the comments being provided by the Council on Government Relations and the Association of American Universities (COGR/AAU) dated May 12, 2015 as well as those provided by Virginia Polytechnic Institute and State University (Virginia Tech) also dated May 12, 2015. As stated in both of these comments, AUECO is concerned that the implementation of NIST 800-171 will have the unintended consequence of increased regulatory burden for academic institutions. Download the comments.
01/16/2015: AUECO is providing the following comments in response to the National Institute of Standards and Technology (NIST) Special Publication 800-171, Protecting Controlled Unclassified Information in Non-federal Information Systems and Organizations, particularly with added definitions and clarifications of technology, including "controlled unclassified information" and "federal information". Download the comments.
04/02/2014: In response to RIN 1994-AA02 affecting Part 810 of the regulations, AUECO urges the DOW to consider the unintended consequences that the SNOPR would have on academic endeavors and the long-term impact that this would have on U.S. scientific and economic competitiveness. Due to the outstanding issues identified above, AUECO joins the U.S. Chamber of Commerce in calling upon the DOW to withdraw the proposed rule. Download the comments.
09/09/2013: Comments in response to the U.S. Department of State second request for public comments on its proposed revision of U.S. Munitions List (USML) Category XI Military Electronics and definition for "Equipment". [RIN 1400-AD25] Download the comments.
09/08/2013: Comments in response to the U.S. Department of Commerce's second request for public comments on its proposed revision of the Export Administration Regulations (EAR) to include the control of military electronics equipment and related items the President determines no longer warrant control on the U.S. Munitions List (USML). [RIN 0694-AF64] Download the comments.
07/10/2013: AUECO's response to the U.S. Department of Energy's request for public comments on its proposed language to clarify contractors export compliance responsibilities. [RIN 1991-AB99] Download the comments.
07/08/2013: AUECO's response to the U.S. Department of Commerce's (Department) request for public comments on its proposed revision of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control under the USML [RIN 0694-AF87] Download the comments.
07/08/2013: AUECO's response to the U.S. Department of State's (Department) request for public comments on its proposed revision of U.S. Munitions List (USML) Category XV Spacecraft Systems and Related Defense Articles and "Defense Services" [RINs 1400-AC80 and 1400-AD33] Download the comments.
01/27/2013: AUECO's response to the U.S. Department of State's (Department request for public comments on its proposed revision of U.S. Munitions List (USML) Category XI Military Electronics and definition for "Equipment." [RIN 1400-AD25] Download the comments.
01/27/2013: In response to RIN 0694-AF64 Revisions to the Export Administration Regulations (EAR): Control of Military Electronic Equipment and Related Items the President No Longer Warrants Control Under the United States Munitions List (USML). Download the comments.
10/23/2012: AUECO's response to the proposed FAR rule for Basic Safeguarding of Contractor Information Systems (FR vol. 77, no. 165, pp. 51496-51499; issued 08/24/2012). AUECO recognizes that some level of protection should be afforded, but seeks regulations that will provide an appropriate level of protection without creating unwieldy compliance burdens or creating a chilling effect on academic activity, including fundamental research. Download the comments.
08/06/2012: AUECO comment letter in response to BIS' Proposed Revisions to the Export Administration Regulations: Implementation of Export Control Reform; Revisions to License Exceptions After Retrospective Regulatory Review (RIN 0694-AF65). Download the comments.
08/03/2012: AUECO comments on the BIS proposed definition of "specially designed". Download the comments.
08/03/2012: AUECO comments on the DDTC proposed definition of "specially designed". Download the comments.
07/02/2012: AUECO submits comments in response to proposed changes in Category XIII of the ITAR (Auxiliary Military Equipment) (77 FR 29575, May 18, 2012, Public Notice 7883). Comments focused on the need to clarify or harmonize definitions as well as the need to provide a better "bright line" for which materials or equipment would be considered defense articles. Download the comments.
06/18/2012: AUECO submits comments in response to proposed changes in Category V of the ITAR (Explosives and Energetic Materials, Propellants, Incendiary Agents and Their Constituents) (77 FR 25944, May 2, 2012, Public Notice 7861). Comments focused on the need to clarify or harmonize definitions as well as concern over "catch-all" phrasing. Download the comments.
02/06/2012: AUECO submits comments in response to proposed changes in Category XX of the ITAR (Submersible Vessels, Oceanographic and Associated Equipment) (RIN 1400-AD01). Comments focused on uniform application of exemptions/exceptions as well as the need to clarify or harmonize definitions. Download the comments.
02/06/2012: AUECO submits comments in response to proposed changes in Category VI of the ITAR (Vessels of War and Special Naval Equipment( (RIN 1400-AC99). Comments focused on uniform application of exemptions/exceptions as well as the need to clarify or harmonize definitions. Download the comments.
02/01/2012: AUECO responds to the "retrospective regulatory review" of the EAR (RIN 0694-XA37). Comments stressed the potential impact of reform on the academic community with particular emphasis on preserving and clarifying deemed export rules and fundamental research. Download the comments.
01/18/2012: AUECO submits comments in response to proposed changes in Category VII (Tanks and Military Vehicles) of the ITAR (Federal Register, 10 December 2010, Vol. 75, No. 237, pp. 76930-76935). While appreciative of some of the positive changes, AUECO requests that certain definitions be clarified and/or harmonized between the ITAR and EAR. Download the comments.
12/22/2011: AUECO submits comments in response to RIN 1400-AC96 which proposed significant changes to Category VIII (Aircraft) of the ITAR. AUECO believes that the shift of items from the ITAR to the CCL may create an increased burden on universities. Furthermore, certain definitions between the ITAR and EAR would need to be clarified or at a minimum, harmonized, to avoid confusion. Download the comments.
12/15/2011: AUECO submits comments on proposed changes to DoD regulations (Federal Register Notice Vol. 76, No. 125, pp. 38089-38095) regarding the safeguarding of unclassified DoD information. While AUECO recognizes and appreciates the need to safeguard DoD information in the possession of contractors and subcontractors, we are concerned with the breadth of the proposed clauses and the burden this regulation will have on the regulated community. Download the comments.
12/07/2011: AUECO submits comments on proposed changes (Federal Register Notice Vol. 76, No. 173, pp 55278-55288) to the Department of Energy (DOE) regulations. The proposed rule attempts to implement a “deemed export” rule for persons who “engage directly or indirectly in the production of special nuclear material,” including the transfer of such technology to foreign persons. AUECO does not believe that DOE has the authority to implement the proposed changes and also takes issue with the use of certain terms and definitions within the proposed rule since they do not align with existing export control regulations. Overall, AUECO feels the proposed rule is inconsistent with the goals of President Obama’s Export Control Reform Initiative, creates a significant compliance burden for universities, and negatively impact university research. Download the comments.
09/13/2011: AUECO submits comments on proposed changes (Federal Register Vol. 76, No. 136, pp. 41958-85) to the Export Administration Regulations (EAR) as part of the President's Export Control Reform Initiative. The proposal would move certain items from the U.S. Munitions List (USML) in the International Traffic in Arms Regulations (ITAR) to the Commerce Control List (CCL) in the Export Administration Regulations (EAR). Download the comments.
06/13/2011: AUECO submits comments in response to Department of State Proposed Rule amendment to the ITAR on the definition of "defense service" (Federal Register Vol. 76, No. 71, pp. 20590-20593). While supporting the initiative to amend the definition of "defense services", AUECO provides specific comments on how the changes would impact academia. AUECO also addresses new terms that are introduced in the proposed definition with a request for further clarify. Download the comments.
02/08/2011: AUECO submits comments in response to the Department of State Proposed Rule for an "Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category VII" (Federal Register Vol. 75, No. 237, pp. 76930-76935, Public Notice 7256). This proposed rule, if adopted, would amend Category VII with the intent of creating a "bright line" in what is ITAR and EAR controlled. AUECO argues that in some instances, particularly related to unmanned ground vehicles, the propose rule would be difficult to interpret in a university research environment. Download the comments.
07/30/2010: AUECO submits additional comments regarding the export control attestation required on I-129 forms (OMB Control Number 1615-0009, 30-dDay Notice of Information Collection Under Review: Form I-129, Petition for Non-immigrant Worker; draft forms labeled USCIS-2005-030-0213 and USCIS-2005-030-0214). AUECO shares its thoughts on the accuracy of the "Agency's Estimate of the Burden of the Collection of Information", and AUECO provides proposed editorial changes which would significantly improve the clarify and consistency of the form and guidance documents. Download the comments.
05/03/2010: AUECO submits comments in response to the National Aeronautics and Space Administration (NASA) proposal to amend the NASA Federal Acquisition Regulations (Federal Register Notice Vol. 75, No. 42, pp. 9860-9864). The proposed changes, if adopted, would impact safeguarding of controlled unclassified information and potentially place additional restrictions on university activities. Download the comments.
04/30/2010: AUECO submits comments in response to the Defense Federal Acquisition Regulations System, Department of Defense, Advance Notice of Proposed Rule-making (Federal Register Vol. 75, No. 41, pp. 9563-9568) regarding 48 CFR Parts 204 and 252. In part these changes, if adopted, would establish "DoD information" as a new category of controlled unclassified information, create two tiers of protection for DoD information, and require reporting of cyber intrusion activities. Download the comments.
04/09/2010: AUECO submits comments on OMB Control #1615-0009 (Federal Register Vol. 75, No. 25, pp. 6212-6213). This was a 60-day notice of Information Collection Under Review: Form I-129, Petition for Non-immigrant Worker. The proposed changes (draft I-129 and instructions) included the addition of a Deemed Export Acknowledgement section. This new section, if adopted as proposed, will require that universities conduct an export review for each H1B applicant (in addition to certain other classes). If an export license is needed, it will have to be obtained prior to filing the I-129 which could significantly lengthen processing times. AUECO argued for the removal of this new section on the grounds that it was information subject to the jurisdiction of another agency (Bureau of Industry & Security, Department of Commerce). Understanding this argument might not be successful, AUECO also proposed revised text that would reduce burden, increase clarity, and improve the quality of the information gathered. Download the comments.
01/25/2010: AUECO submits comments to the Department of State on proposed changes regarding the export of ITAR-controlled technical data. AUECO argued that U.S. universities should be covered by the proposed rule that would permit U.S. Person to travel abroad with ITAR-controlled technical data without a license under pre-specified conditions. Download the comments.
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