Bureau of Industry and Security

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) is responsible for regulating the export of sensitive goods and technology for reasons of national security, foreign policy, and compliance with nonproliferation agreements. Formerly known as the Bureau of Export Administration, BIS has an Office of Export Enforcement (OEE), sometimes referred to as the export police, to help prevent proliferation of weapons of mass destruction and conventional arms, to combat international terrorism, and to implement U.S. economic sanctions and embargoes.

The activities of the export police, though, cover an even wider range of goods and activities. They are responsible for enforcing controls that, for instance, include items that might seem obvious, such as nuclear materials, space propulsion systems, certain chemicals, and microorganisms and toxins, as well as items that may not seem so obvious, such as polygraphs, specialized sensors and lasers, and some types of police equipment. Many items are covered by dual-use controls. These regulate technology that might have legitimate commercial or research applications, but that could also be used for military or illicit purposes. Also, sending gifts via first class mail or faxing blueprints or designs may be considered exports for enforcement control purposes. Restrictions vary from country to country; the most restricted destinations are Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. In addition, certain individuals and a number of organizations are prohibited from receiving U.S. exports regardless of their locations.

In enforcing provisions of the Arms Export Control Act, the Fastener Quality Act, the Trading With the Enemy Act, Export Administration Regulations, and similar laws, Export Enforcement's mission includes identifying and apprehending violators as well as pursuing criminal and administrative sanctions against them. The office also acts to combat restrictive trade practices such as boycotts, reviews visa applications of foreign nationals to prevent illegal technology transfers, and cooperates in enforcement activities on an international basis. Export Enforcement special agents work with the Department of Justice on criminal cases, which could result in fines or incarceration, or both, and with the Commerce Department's Office of General Counsel to impose civil penalties for [Page 567]violations, which can include fines and denial of export privileges. Export Enforcement also conducts joint investigations with the Bureau of Immigration and Customs Enforcement to stop the export of controlled technology to rogue nations.

Many investigations are triggered by leads and tips provided by individuals in the private sector. These are so numerous, in fact, that the agency has a form on its Web site for reporting violations, ensuring whistle-blowers that they will not be contacted by return e-mail. Assisting investigators is the Intelligence and Field Support Division, based at Export Enforcement's Washington headquarters. These agents review information relating to potential export control violations and generate leads for field investigations. There are 11 field and satellite offices for Export Enforcement: Boston; Dallas and Houston, Texas; Des Plaines, Illinois; El Segundo, Irvine, and San Jose, California; Fort Lauderdale, Florida; Herndon, Virginia, and Jamaica and Staten Island, New York. Export Enforcement's activities extend overseas, with attachés in place in Beijing and Shanghai, China, and the United Arab Emirates. Plans for 2004 included adding attachés in India, Russia, and Hong Kong. Through the attaché program, special agents are posted abroad to conduct end-use checks to uncover illegal export transactions.

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