Advisory Committees Under New Regime

The Bureau of Industry and Security (BIS) appears to be planning to keep at least some of the Technical Advisory Committees (TACs)  which have long defined the collaborative nature of  export enforcement and trade security.  The candor and efficacy of the new regime may be different though.

During the April 3 meeting of the Materials and Equipment Technical Advisory Committee, TAC members were asked to sign non-disclosure agreements as a prelude to a "comprehensive, high-level review of what we're doing [and] how we're doing it."   

Clunky Start

TAC observers have noted a clunky start to the process,  Of the six TACs chartered, only one, Emerging Technologies,  held a meeting during the first quarter.   BIS Officials said that when the longtime TAC coordinator retired, she "walked out the door with a fair amount of knowledge and know-how about when things needed to be done, how to get them done.."   He noted that a team of three will assume the TAC Administrator role once the've finished "reconstituting the function."

The Rules and Procedures Technical Advisory Committee (RAPTAC) will face a doubly daunting task as longtime Director of the Regulatory Policy Division, Office of Exporter Services, Hillary Hess retired after 37 years at BIS and it's predecessor organization, the Bureau of Export Administration.   Ms. Hess led the maintenance and updating process for the Export Administration Regulations (EAR) and served as the RAPTAC's  subject matter expert on the seminal text.

TACs advise the Department of Commerce on the technical parameters for export controls applicable to dual-use commodities and technology and on the administration of those controls.   Authorized in Supplement No. 2 to Part 730 of the EAR, the committees are chartered bu the Assistant Secretary for Export Administration and "shall meet at least once every three months." TACs may be extended or terminated only after consultation with the committee.

The TAC webpage remains at bis.doc.gov, including a schedule for meetings thorugh the end of the year.  

There are approximately 60 plus Federal Advisory Committees in the Department of Commerce that are established and operated in accordance with the requirements of the Federal Advisory Committee Act (FACA), which governs the creation and operation of Federal Advisory Committees (FAC).  FACA is implemented Government-wide by the General Services Administration (GSA), which has issued regulations and guidance..

Commerce Secretary Howard Lutnick has eliminated at lease fourteen advisory committees in the department so far.  [13618]