Export Control Challenges Associated with Securing the Homeland (2012) / Chapter Skim
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2 Department of Homeland Security's Internal Processes
2 Department of Homeland Security's Internal Processes
Pages 21-32
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From page 21... ...
THE NEED FOR A DEDICATED ADMINISTRATIVE ENTITY TO PROVIDE STAFF SUPPORT ON EXPORT CONTROLS Cabinet departments and agencies that participate regularly in the export control process, other than DHS, make complex judgments to balance risk through a dedicated administrative entity that speaks and acts for the entire department or agency. This experience is instructive.
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From page 22... ...
Because most elements of the S&T Directorate have had no experience with export controls, this data call required considerable work with individual program managers so that judgments about export controls could be made accurately. In 2009 the export control staff also began working with the Office of Procurement Operations to implement an amendment to departmental acquisition
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From page 23... ...
These officials pursue efforts that span national borders to coordinate the protection of critical infrastructure, provide training and technical assistance to foreign counterparts, conduct outreach to private-sector organizations and individuals in the local communities, assess security conditions at foreign airports and ports, screen inbound-to-the-United States travelers, and liaise on investigations and share information. These international activities are rooted in different DHS components' core operational functions as well as in specific congressional mandates, bilateral and multilateral agreements, federal strategic directives, and DHS strategy.1 International agreements provide a framework for handling two kinds of activities.
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From page 24... ...
The experience that DHS staff has gained from negotiating and seeking approval for these technical assistance agreements may provide additional practical insights into the international agreements. When DHS works with foreign governments at the national (country-to-country)
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From page 25... ...
Under government-to-government agreements, the national government of the foreign entity could either be the recipient or take responsibility for the security arrangements to protect controlled technology. DHS, however, often needs to work with foreign entities that may be entirely civilian and not a part of the country's national security controls and with parastatal entities like airport or seaport authorities.
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From page 26... ...
export control requirements. A Dedicated Administrative Entity DHS should organize and augment its current staff resources for export controls into a dedicated administrative entity within the DHS headquarters.
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From page 27... ...
Lacking a single administrative focal point, DHS has no agency-wide organization or authority that coordinates and sets forth consistent and integrated policies, standards, training, and operations implementation; that serves as the recognized authority on export control expertise within DHS to provide advice on export controls to the individual departmental components; that represents DHS in the interagency export control process and builds effective relations with interagency counterparts; and that liaises with foreign authorities on departmentlevel export control matters.9 The individual components of DHS usually deal with the State and Defense departments on an ad hoc basis. While the components may have their own individual equities well in sight, they do not have the bureaucratic weight to counterbalance the institutional strength of these other two departments, both of which have long-standing and well-resourced export control policy and licensing capabilities headed by a Senate-confirmed assistant secretary.
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From page 28... ...
There are no management directives that allocate responsibility and authority for coordinating export control issues. The current location of the export controls staff in the Science and Technology Directorate grew out of the extensive exposure to the restrictions imposed by export controls on the directorate's efforts on a few high-visibility projects during the past few years.
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From page 29... ...
The current organization chart, set out in Appendix B, shows eight staff offices reporting directly to the secretary, together with four directors of centers for various staff functions. The establishment of a dedicated administrative entity should lead to budget and other resource decisions being made as part of the regular annual budget process for the Department of Homeland Security.
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From page 30... ...
Nevertheless, incorporation of early export control considerations in DHS acquisition processes for research, development, testing, and evaluation, as well as deployment, could bring about effective results in the interagency process and strengthen DHS's ability to anticipate problems and find solutions to protect U.S. technologies it believes need to be sent overseas.13 A Network of International Agreements DHS should continue to build its network of international agreements to help meet export control requirements.
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From page 31... ...
These agreements might provide a partial basis for achieving more rapidly the necessary technology-sharing and protection agreements with foreign governments. To facilitate direct cooperation with parastatal and private-sector entities, DHS should work with the State Department to agree on acceptable terms for TAAs tailored to cover the kind of technology exchanges that DHS needs for effective participation in international conferences and meetings involving foreign scientists.
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