2017-04-07

Exhibit 1: Organization Chart

Exhibit 1: Organization Chart - Accessible Text Description

SECTION 2.  PURPOSE.

.01        This Order prescribes the principal organizational structure of the Bureau of Industry and Security (BIS).  It prescribes the internal organization, management structure, and assignment of functions within BIS.  Department Organization Order 10-16 prescribes the functions and the scope of authority of the Under Secretary for Industry and Security.

.02        This revision moves the Office of the Chief Information Officer (OCIO), an office currently within BIS’s Office of the Chief Financial Officer and Director of Administration (OCFO), to report directly to the Deputy Under Secretary for Industry and Security.  Both the OCIO and OCFO will maintain a peer relationship while reporting to the Deputy Under Secretary.  The organization chart is revised to show the realignment of these functions.

This revision also directs the Deputy Under Secretary to perform the functions of the Under Secretary in the latter’s absence or disability or in the event of a vacancy in that office.

SECTION 2.  ORGANIZATION STRUCTURE.

The principal organizational structure and lines of authority of BIS are shown in the attached organization chart (Exhibit 1).

SECTION 3.  OFFICE OF THE UNDER SECRETARY AND THE DEPUTY UNDER SECRETARY FOR INDUSTRY AND SECURITY.

.01        The Under Secretary for Industry and Security (the Under Secretary) determines the policy, directs the programs, is responsible for all activities of BIS, and exercises the authorities under which it functions.  The Under Secretary oversees BIS's international programs.  The Under Secretary serves on Secretarial-level boards, committees, and panels that focus primarily on export controls, export administration, export and antiboycott enforcement, implementation of certain treaty requirements, defense priorities and allocations, strategic trade, and U.S. industrial base issues. The Under Secretary acts on decisions of Administrative Law Judges in enforcement cases involving violations of export controls and antiboycott regulations, and reviews decisions on appeals of temporary denial orders.  The Under Secretary acts on appeals arising under 15 CFR Part 756, and can designate the Deputy Under Secretary or other Department of Commerce (the Department) officials to review and decide on these appeals.

.02       The Deputy Under Secretary for Industry and Security (the Deputy Under Secretary) shall perform the functions of the Under Secretary in the event that the Under Secretary is unable to carry out his duties or during a vacancy in the office. The Deputy Under Secretary shall perform such duties as the Under Secretary may assign.  The Deputy Under Secretary is responsible for the day-to-day management of BIS and represents BIS within and outside the Department at major meetings and fora.  The Deputy Under Secretary provides guidance and direction to staff offices, provides overall supervision of BIS' information technology systems and infrastructure, and directs planning and coordination activities on behalf of the Under Secretary; and monitors and advises the Under Secretary on budget, funding, and personnel policy matters.  When directed by the Under Secretary, the Deputy Under Secretary will also act as the principal liaison, with support from the Assistant Secretary for Export Enforcement, to the Assistant Secretary and Director General of the U.S. and Foreign Commercial Service (US&FCS) of the International Trade Administration (ITA) for the coordination of BIS's domestic and overseas programs.

.03       Except as provided otherwise in this Order, the Under Secretary may redelegate his or her authority subject to such conditions in the exercise of such authority as the Under Secretary may prescribe.

SECTION 4.   STAFF OFFICES REPORTING TO THE UNDER SECRETARY AND THE DEPUTY UNDER SECRETARY FOR INDUSTRY AND SECURITY.

.01       The Office of Congressional and Public Affairs (OCPA) serves as the BIS liaison with the Congress, the press, and the business community.  OCPA reports to the Under Secretary through the Chief of Staff, and provides support to the Office of the Under Secretary by managing the production of the BIS's annual and foreign policy reports to Congress.  OCPA also coordinates development of publications with the offices of the Assistant Secretaries on their program activities.

.02       The Office of the Chief Financial Officer and Director of Administration serves as the advisor to the Under Secretary and the Deputy Under Secretary on financial management for BIS and reports to the Deputy Under Secretary.  The Office of the Chief Financial Officer and Director of Administration develops BIS strategic plans and multi-year performance measures in cooperation with the Assistant Secretary for Export Administration and the Assistant Secretary for Export Enforcement, and in accordance with the Government Performance and Results Act (GPRA) of 1993; formulates, presents and executes the BIS budget; conducts management and program reviews of BIS to assess the accomplishment of performance measures and program effectiveness; effects financial and budgetary controls; provides financial reporting and financial internal controls in accordance with the Federal Managers' Financial Integrity Act of 1982, and Office of Management and Budget (OMB) Circulars A-50 and A-123; prepares formal financial statements in conformance with the Chief Financial Officers Act of 1990 and other OMB requirements; administers the Freedom of Information Act and the Privacy Act of 1974; implements policies and procedures for personnel, and physical security; coordinates all BIS activities related to safety and the emergency preparedness program, particularly as applicable to Executive Order 12656; and acts as the focal point for the Government Accountability Office and Departmental Inspector General audit activities.  The Office of the Chief Financial Officer and Director of Administration coordinates human resources management activities, including time-and-attendance controls, workforce planning, career development, employee recognition, and performance management.

.03       The Office of the Chief Information Office (CIO) serves as the advisor to the Under Secretary and Deputy Under Secretary on information technology (IT) resources management, security, and IT policy for BIS and reports to the Deputy Under Secretary.  The Office of the Chief Information Officer is responsible for implementation of BIS’s authorities under the Clinger-Cohen Act of 1996 and the Federal Information Technology Acquisition Reform Act (FITARA).  Working in coordination with the Office of the Chief Financial Officer and Director of Administration, the CIO develops and coordinates BIS's strategic IT plan and operational plan; and, reviews and approves all budget submissions and acquisitions to identify and ensure all IT spending is in alignment with these plans.  The CIO establishes and administers IT policies, procedures, and standards; plans and manages the enterprise IT architecture; provides and supports the IT infrastructure; reviews and approves IT systems development and acquisitions; approves and coordinates the development and deployment of BIS’s domestic and international IT systems and applications; provides customer service support; manages enterprise-wide information management activities, including support for Internet and World Wide Web activities; ensures that all federal IT mandates are implemented within BIS; coordinates IT security activities and implementation of Federal Information Security Management Act requirements; and develops and administers IT workforce plans.  The CIO actively participates on the Department’s CIO Council and works with the Department’s CIO on corporate issues, priorities, and technology solutions.

SECTION 5.  THE OFFICE OF THE ASSISTANT SECRETARY FOR EXPORT ADMINISTRATION.

.01       The Assistant Secretary of Export Administration (the Assistant Secretary) performs such duties as the Under Secretary may assign.  The Assistant Secretary assists and advises the Under Secretary on the development of policies pertaining to Export Administration issues; provides overall direction to and management of the national security, nonproliferation, foreign policy, short supply, national defense, and strategic industrial resource functions delegated to BIS, including the issuance of related regulations; serves as alternate to the Under Secretary in representing the Department on interagency committees dealing with BIS issues; as directed by the Under Secretary, represents the Department in domestic and international fora that address such issues; and chairs the Advisory Committee on Export Policy.  The Assistant Secretary is responsible for supporting the President's Export Council Subcommittee on Export Administration as the principal point of contact; coordinating the Department's Technical Advisory Committees on export controls; and preparing Congressionally mandated reports, including Export Administration's contribution to BIS's Annual Report.

.02       The Deputy Assistant Secretary for Export Administration serves as the principal deputy to the Assistant Secretary; performs such duties as the Assistant Secretary may assign; and performs the duties of the Assistant Secretary during the latter's absence.

.03       The Operating Committee Chair directs the activities of the Operating Committee (OC) and serves as Executive Secretary of the Export Administration Review Board and the Advisory Committee for Export Policy.  The OC reviews and makes determinations on licensing cases for which interagency agreement has not been reached.

.04       The Assistant Secretary directs the following offices:

a.         The Office of Strategic Industries and Economic Security (SIES) is responsible for implementing a number of programs related to the ability of the defense industrial base to meet national security needs.  These programs include administrating the Defense Priorities Allocation United States, reviewing proposed defense research and development agreements with foreign partners, and reviewing proposed sales of excess defense articles to allied nations.

b.         The Office of Nonproliferation and Treaty Compliance (NPTC) is responsible for implementing multilateral export controls under the Australia Group, and for administering the Department's responsibilities under the Chemical Weapons Convention and the Biological and Toxin Weapons Convention; and for implementing multilateral export controls under the Missile Technology Control Regime and the Nuclear Suppliers Group. In addition, this office implements U.S. foreign policy controls to ensure that exports and reexports subject to the Export Administration Regulations are consistent with national security goals relating to human rights, crime control, antiterrorism, and regional stability.  This office is responsible for all related policy actions, export licenses, commodity classifications, license determinations, and advisory opinions for affected commodities.

c.         The Office of National Security and Technology Transfer Controls (NSTTC) is responsible for issues related to national security export and reexport controls.  It implements multilateral export controls for national security reasons to comply with the Wassenaar Arrangement to control the spread of dual-use goods and related technologies. NSTTC is also responsible for U.S. export control policy for high performance computers and encryption.  This office is responsible for all related policy actions, export licenses, commodity classifications, license determinations, and advisory opinions for affected commodities.  This office is also the primary focal point for commodity jurisdiction assessments, and provides commodity classifications and transaction-specific policy review guidance to the U.S. Department of the Treasury for its licensing regime for exports to embargoed destinations. NSTTC is also responsible for administering the short supply provisions of the Export Administration Regulations and the unprocessed timber export control/monitoring provisions of the Forest Resources Conservation and Shortage Relief Amendments Act of 1993.

d.         The Office of Exporter Services (OexS) is responsible for export control outreach to the business community, including counseling exporters on export control policy and procedures and developing and conducting export control seminars, and participating in other BIS educational efforts.  OExS also has the responsibility for developing, drafting, and publishing changes to the Export Administration Regulations and other Federal Register publications; for compliance actions related to Special Comprehensive Licenses and the development of export management systems; and for screening and routing incoming export license and commodity classification applications.

e.         The Office of Technology Evaluation (OTE) is responsible for analyzing the economic impact of export controls on key sectors in the U.S. industrial base. OTE identifies key technologies, analyzes the foreign availability and mass market status of those technologies, and reviews the practices of the relevant multilateral export control regimes in controlling these technologies.  OTE also analyzes critical sectors of the defense industrial base to assess those sectors' ability to support U.S. security requirements. In addition, OTE oversees the operation of the BIS's Technical Advisory Committees to ensure industry input on the impact of export controls on key sectors of the U.S. industrial base.

SECTION 6.  THE OFFICE OF THE ASSISTANT SECRETARY FOR EXPORT ENFORCEMENT.

.01       The Assistant Secretary for Export Enforcement (the Assistant Secretary) assists and advises the Under Secretary on the development of policy and the administration of programs for export enforcement and antiboycott compliance; provides overall direction on the enforcement of functions related to the national security, nonproliferation, foreign policy, short supply, fastener quality, and antiboycott compliance programs, including making recommendations on the clarity and enforceability of relevant regulations; as directed by the Under Secretary, represents the Department at interagency meetings on the development and enforcement of export control and antiboycott laws and regulations; approves orders regarding precharging settlements in administrative enforcement cases involving violations of export control and antiboycott laws; signs temporary denial orders; develops legislative proposals; and supports BIS's seminar and outreach efforts.  The Assistant Secretary supervises special agents in the employ of BIS.  The Assistant Secretary will also provide support to the Deputy Under Secretary in his/her role as the principal liaison with US&FCS for the coordination of BIS's domestic and overseas programs. 

.02       The Deputy Assistant Secretary for Export Enforcement serves as the principal deputy to the Assistant Secretary; performs such duties as the Assistant Secretary may assign; and performs the duties of the Assistant Secretary during the latter's absence.

.03       The Assistant Secretary directs the following offices:

a.         The Office of Antiboycott Compliance serves as the primary contact for administration of Departmental antiboycott responsibilities under the Export Administration Act (EAA) regarding unsanctioned foreign boycotts against countries friendly to the United States, and plans and directs the execution of antiboycott policies and programs.

b.         The Office of Export Enforcement investigates suspected violations of the EAA, the Fastener Quality Act, their implementing regulations, and the regulations implementing the Chemical Weapons Convention and the National Defense Authorization Act of 1998; conducts criminal and administrative investigations in the United States, including those relating to suspected terrorist activities; makes recommendations on the disposition of cases; coordinates with the Department of Homeland Security's Bureau of Immigration and Customs Enforcement on investigative activities and seizure of goods; conducts pre-license and post-shipment checks abroad; engages in preventive programs to alert the business community to diversion risks; and performs the full range of investigative and law enforcement functions authorized under the law through its headquarters and field office structure.  In addition, the Office provides support and training for the export enforcement operations of foreign governments.

c.         The Office of Enforcement Analysis develops export control information and provides export license review and investigative support.  The Office reviews license applications and initiates pre-license checks and post-shipment verifications to prevent and detect violations of the Export Administration Regulations.  The Office also obtains and analyzes information and documents from other government agencies.  The Office provides the U.S. export control community with export licensing information and analysis through research of databases and records in support of export enforcement investigations; provides licensing reviews to determine the suitability of foreign consignees, and makes final recommendations based on these reviews to Export Administration licensing officials; and conducts analysis to determine the reliability and diversion risk potential of recipients of U.S.-origin goods and technical data.  The Office also evaluates intelligence information relating to actual or potential violations of law; and conducts research on information related to counter-terrorism, high performance computers, weapons of mass destruction, and the Chemical Weapons Convention in support of its preventive enforcement activities.  In addition, the Office facilitates BIS's Export Control Officer program and serves as a liaison with other Government agencies concerning the exchange of information involving export control enforcement information, as well as providing information and training to foreign governments on preventive enforcement techniques.

SECTION 7.  EFFECT ON OTHER ORDERS.

This Order supersedes Department Organization Order 50-1, dated September 4, 2012.

 Signed by: Under Secretary for Industry and Security Approved by: Chief Financial Officer and Assistant Secretary for Administration