Office of Technology Evaluation (OTE)

The Office of Technology Evaluation (OTE) is responsible for analyzing the effectiveness of export controls. OTE plays a central role for BIS and the Department of Commerce by analyzing key aspects that are vital to U.S. national and economic security. OTE identifies emerging and foundational technologies and assesses the supply chain, foreign availability, and mass market status of those technologies through global import/export supply chain and financial trade data, as well as all-source intelligence analysis.  

This research supports the design of effective dual-use export controls and their associated regimes, (e.g. Wassenaar, Australia Group) while continuing to promote U.S. trade competitiveness. In addition, OTE oversees the operation of BIS's Technical Advisory Committees (TACs) to ensure industry input on the impact of export controls on key sectors of the U.S. industrial base.  

The Office of Technology Evaluation (OTE) of the Bureau of Industry and Security (BIS) analyzes U.S. export data subject to the Export Administration Regulations (EAR), BIS license application data and global trade information to assess data trends and inform export policy decisions.  

OTE analyzes U.S. export data from the Automated Export System (AES) and BIS license application data to more fully inform export policy decisions on Commerce Control List (CCL) items which have both a civilian and military or proliferation-related use. This includes examining licensed, license exception, and unlicensed AES transactions subject to the Export Administration Regulations (EAR) and scrutinizing BIS approved, denied and returned license applications. 

Additionally, OTE analyzes the economic impacts that export controls are having on U.S. exporters and technology sectors. This involves determining the utilization rates of export licenses and the correlation between export control administration and shipments against licensed items. It also involves studying export trends in advanced technology items subject to a license requirement to determine the impact that export controls are having on U.S. competitiveness (e.g., export growth, market share) vis-a-vis other U.S. trading partner countries. 

Annual Country Analysis Reports

USML to CCL Regulatory Changes Reports

The Emerging Technology Division (ETD) identifies and analyzes emerging and foundational technologies that are essential to the national security of the United States, pursuant to Section 1758 of the Export Control Reform Act (ECRA) of 2018. For items identified pursuant to Section 1758, ETD assesses technology maturity, U.S. technology leadership, supply chain, and foreign availability of those items in coordination with subject matter experts, using all-source intelligence and analysis of global trade data. ETD routinely works with industry and private sector partners through the Emerging Technology Technical Advisory Committee (ETTAC). 

ETD supports BIS’s authorities pursuant to Section 1758 of ECRA to establish appropriate controls on the export, reexport, or transfer (in-country) of emerging and foundational technologies that are essential to the United States. ETD supports the design of effective dual-use export controls for the United States, or the associated multilateral export controls regimes, while maintaining and promoting U.S. technological leadership and competitiveness. 

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The Office of Technology Evaluation (OTE) analyzes the foreign availability of controlled products and technologies. Following the procedures in Part 768 of the Export Administration Regulations (EAR), U.S. exporters may submit a claim supported by evidence of foreign availability, which, if assessed and determined positively by the U.S. Department of Commerce, could lead to a revision of existing controls for a commodity or technical data controlled by the EAR. 

The Export Administration Act of 1979, as amended, (EAA), and Part 768 of the EAR authorizes the Secretary of Commerce to conduct Foreign Availability Assessments to examine and evaluate the effectiveness of U.S. Export Controls on certain items that are controlled for national security reasons under the EAR. Foreign availability exists for a national-security controlled item when a non-U.S. origin item of comparable quality is foreign available, and in sufficient quantities, such that the U.S. export controls on that item would be rendered ineffective. 

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One notable facet of OTE's activities is the administration of Technical Advisory Committees (TACs). These committees play a pivotal role in advising the Department of Commerce on technical parameters for export controls related to dual-use commodities and technology. Comprising representatives from both industry and government, TACs ensure a diverse range of perspectives, with industry representatives chosen from firms producing goods, technologies, and software subject to national security, foreign policy, nonproliferation, or short supply controls. This collaborative approach ensures a well-informed and balanced decision-making process regarding export controls that impact a range of critical considerations.  

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TAC meeting schedule