Wassenaar: Cybersecurity and Export Control

Subcommittee on Information Technology
Subcommittee on Information Technology
Hearing Date: January 12, 2016 2:00 pm 2154 Rayburn House Office Building

Chairman Will Hurd (R-TX) – Oversight Subcommittee on Information Technology
Chairman John Ratcliffe (R-TX) – Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies

PURPOSE:

• To review the interagency export control policy and process implementing the 2013 Wassenaar Arrangement cybersecurity technologies additions.
• To review the Department of Commerce’s (Commerce) rule-making process for implementing the Wassenaar export controls.
• To highlight the impact on American businesses and the cybersecurity industry.
• To discuss how the Department of State (State) and their interagency partners should proceed on cybersecurity matters at Wassenaar moving forward.

BACKGROUND:

• In 2013, State agreed to a proposal to make intrusion and surveillance technologies subject to multilateral export controls under the Wassenaar Arrangement.
• The Wassenaar Arrangement is a multilateral export control forum for dual use goods and technology where 41 countries must come to a consensus on proposed export controls. Then, each country implements these controls under their national rules with a significant level of discretion.
• On May 20, 2015, Commerce’s Bureau of Industry and Security (BIS) published a proposed rule to implement the 2013 Wassenaar Arrangement control on intrusion and surveillance technologies. In response, BIS received 264 public comments that overwhelmingly opposed the proposed rule. BIS retracted the proposed rule and is reengaging with its interagency partners.

 

Witnesses and testimonies

Name Title Organization Panel Document
The Honorable Kevin J. Wolf Assistant Secretary for Export Administration U.S. Department of Commerce Document
Ms. Phyllis Schneck Deputy Under Secretary for Cybersecurity and Communications, National Protection and Programs Directorate U.S. Department of Homeland Security Document
Ms. Cheri Flynn McGuire Vice President, Global Government Affairs and Cybersecurity Policy Symantec Document
Mr. Iain Mulholland Vice President, Engineering Trust and Assurance VMware, Inc. Document
Ms. Cristin Flynn Goodwin Assistant General Counsel, Cybersecurity Microsoft Corporation Document
Mr. Dean C. Garfield President and CEO Information Technology Industry Council Document
Mr. Vann H. Van Diepen Principal Deputy Assistant Secretary for International Security and Nonproliferation Department of State Document
Ms. Ann K. Ganzer Director of Conventional Arms threat Reduction, Bureau of International Security and Nonproliferation Department of State