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Opening Remarks at "U.S. Export & Re-Export Control
Regulations Seminar"

by Chargé d'Affaires Scott F. Kilner

Austria Trend Hotel Savoyen
Vienna, June 5, 2008

Ladies and Gentlemen, good morning and welcome to the U.S. Export & Re-Export Control Regulations Seminar. First of all, thank you very much for your participation. I believe that you will find it time well spent.

Over the next two days, you will learn a great deal about the United States' export and re-export control regulations and how to remain compliant with them. At the outset, let me state that our purpose in holding this seminar is - quite simply - to improve our collective security while minimizing the impact of export control regulations on your business. We understand there is a trade-off, but we what the balance to be struck with maximum efficiency.

Hopefully we can all agree that it is in everyone's interest to make sure that dangerous items and sensitive technologies do not end up in the wrong hands. While it is incumbent upon the exporter and re-exporter to clearly understand and comply with U.S. Government export control rules and policies, we want to work with you to minimize the demands these regulations have on your resources.

Effective enforcement is greatly enhanced by both international cooperation and an effort to harmonize the substance of U.S. laws with those of our principal trading partners. We have had excellent cooperation with the Austrian government in this regard and we look forward to continuing this collaboration.

During the next two days you will receive information on this important topic from speakers representing several different U.S. government agencies, as well as a perspective from the Austrian Government. I hope that you will use this opportunity to ask questions of the experts assembled.

Within the U.S. Government, several agencies are responsible for investigating violations of our nation's export control laws, including the Department of Homeland Security's U.S. Immigration and Customs Enforcement (ICE), the Federal Bureau of Investigation (FBI), the Department of Defense's Defense Criminal Investigative Service (DCIS), and the Department of Commerce's Bureau of Industry and Security (BIS). As BIS is the principal agency featured in this seminar, I want to take a few moments to discuss its activities as an example of the challenges we face.

During fiscal year 2007, BIS viewed more than 19,000 license applications. It is important to note that of that number, only a small percentage of applications were denied. The average processing time through the interagency review process was 28 days. In addition, BIS further assessed prospective and retrospective compliance through 850 end-use checks in more than 80 countries. In cases of violations, BIS Special Agents made 23 arrests, and assisted in obtaining 16 convictions and $25.3 million in criminal fines. Administratively, 65 cases were settled through "Final Orders" totaling $5.8 million in fines.

During the next two days, our speakers from BIS will provide an in-depth examination of the Export Administration Regulations and also cover the information that each business needs in order to comply with U.S. export control requirements on commercial items. The focus will be on: what items and activities are subject to these E.A.R. regulations; steps needed to determine the export licensing requirements for your item; when you can export or re-export without applying for a license; and practical examples of applying this information. Presenters will also conduct a number of "hands-on" exercises that will prepare you to apply the regulations to your own company's export activities.

Tomorrow you will hear from Mr. Helmut Krehlik, Head of the Department of Export Controls and Import Licensing at the Austrian Ministry of Commerce and Labor. Mr. Krehlik will be describing the "EU Dual-Use Export Control Regulations", as well as comparing the E.U. and the U.S. systems and how they mesh.

You will also hear from James Plitt, the Department of Homeland Security Immigration and Customs Attaché, based at the U.S. Embassy, Vienna. He will address the topic of "Export Enforcement." Mr. Plitt conducts criminal investigations related to trafficking, fraud and illegal importation together with foreign law enforcement partners in Eastern and Central Europe.

Tomorrow you will also hear from Lieutenant Colonel Scott Dullea of the Office of Defense Cooperation, also based at the U.S. Embassy, Vienna. He will provide you with his insights into the Department of Defense's role in the U.S. export control system. Keeping defense related material and technology out of the hands of those who do not wish us well is a particularly important task for our nation's armed forces, and is a central pillar of our fight against terrorism.

I would also like to take a moment to introduce the U.S. Embassy's Counselor for Commercial Affairs, Chris Quinlivan, and our Commercial Specialist responsible for export control issues, Marta Haustein. Chris and Marta are employees of the U.S. Commercial Service. Whether you represent a U.S. or Austrian company, the U.S. Commercial Service is a great resource for you. The Commercial Service helps connect qualified Austrian buyers with U.S. suppliers, conducts due diligence for U.S. firms evaluating business opportunities with Austrian firms, and encourages fair treatment for U.S. investors in Austria. If you are interested in investing in the United States, the Commercial Service can provide you with useful information on where and how to get started.

Finally, let me close by thanking our co-sponsor, Dr. Burger-Scheidlin and his staff at the International Chamber of Commerce in Austria, whose support made this event possible, as well as each one of you for attending this seminar and for your attention to this important topic.

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