007 Comment by Borderview LLC

In relation to Supporting Documentation required to be attached to Export License Applications, and other documents required to be submitted to BIS, where a signature is required: please clarify in the Regulation that BIS accepts electronic / digital signatures as acceptable on these documents, per the Federal E-SIGN law, and the White House's Government Paperwork Elimination Act (GPEA). Specifically, the GPEA provides that Electronic Signatures are "not to be denied legal effect, validity or enforceability" as provided on the White House's website (http://www.whitehouse.gov/omb/fedreg_gpea2/). Though the Regulation does not currently expressly prohibit such Electronic Signatures, nor does any written policy of BIS disallow such electronic signatures, specific clarification in the Regulation to this end would clarify BIS' acceptance of applicable Federal laws, and would provide for a safe and legally binding method for exporters and importers to electronically exchange such documents for review and signature, rather than a time-consuming and expensive process of mailing paperwork around the globe for pen-and-ink signature. This suggestion is very much in line with the intent of this NOI, as well as the overall intent of the President's ECR initiative. Note that the U.S. Department of State, Directorate of Defense Trade Controls (DDTC) has already issued prompt Advisory Opinion of their acceptance of such Electronic Signatures on documents under their jurisdiction (see attached Advisory Opinion).