SUBCHAPTER I—AUTHORITY AND ADMINISTRATION OF CONTROLS
§4811. Statement of policy
The following is the policy of the United States:
(1) To use export controls only after full consideration of the impact on the economy of the United States and only to the extent necessary—
(A) to restrict the export of items which would make a significant contribution to the military potential of any other country or combination of countries which would prove detrimental to the national security of the United States; and
(B) to restrict the export of items if necessary to further significantly the foreign policy of the United States or to fulfill its declared international obligations.
(2) The national security and foreign policy of the United States require that the export, reexport, and in-country transfer of items, and specific activities of United States persons, wherever located, be controlled for the following purposes:
(A) To control the release of items for use in—
(i) the proliferation of weapons of mass destruction or of conventional weapons;
(ii) the acquisition of destabilizing numbers or types of conventional weapons;
(iii) acts of terrorism;
(iv) military programs that could pose a threat to the security of the United States or its allies; or
(v) activities undertaken specifically to cause significant interference with or disruption of critical infrastructure.
(B) To preserve the qualitative military superiority of the United States.
(C) To strengthen the United States defense industrial base.
(D) To carry out the foreign policy of the United States, including the protection of human rights and the promotion of democracy.
(E) To carry out obligations and commitments under international agreements and arrangements, including multilateral export control regimes.
(F) To facilitate military interoperability between the United States and its North Atlantic Treaty Organization (NATO) and other close allies.
(G) To ensure national security controls are tailored to focus on those core technologies and other items that are capable of being used to pose a serious national security threat to the United States.
(3) The national security of the United States requires that the United States maintain its leadership in the science, technology, engineering, and manufacturing sectors, including foundational technology that is essential to innovation. Such leadership requires that United States persons are competitive in global markets. The impact of the implementation of this subchapter on such leadership and competitiveness must be evaluated on an ongoing basis and applied in imposing controls under
(4) The national security and foreign policy of the United States require that the United States participate in multilateral organizations and agreements regarding export controls on items that are consistent with the policy of the United States, and take all the necessary steps to secure the adoption and consistent enforcement, by the governments of such countries, of export controls on items that are consistent with such policy.
(5) Export controls should be coordinated with the multilateral export control regimes. Export controls that are multilateral are most effective, and should be tailored to focus on those core technologies and other items that are capable of being used to pose a serious national security threat to the United States and its allies.
(6) Export controls applied unilaterally to items widely available from foreign sources generally are less effective in preventing end-users from acquiring those items. Application of unilateral export controls should be limited for purposes of protecting specific United States national security and foreign policy interests.
(7) The effective administration of export controls requires a clear understanding both inside and outside the United States Government of which items are controlled and an efficient process should be created to regularly update the controls, such as by adding or removing such items.
(8) The export control system must ensure that it is transparent, predictable, and timely, has the flexibility to be adapted to address new threats in the future, and allows seamless access to and sharing of export control information among all relevant United States national security and foreign policy agencies.
(9) Implementation and enforcement of United States export controls require robust capabilities in monitoring, intelligence, and investigation, appropriate penalties for violations, and the ability to swiftly interdict unapproved transfers.
(10) Export controls complement and are a critical element of the national security policies underlying the laws and regulations governing foreign direct investment in the United States, including controlling the transfer of critical technologies to certain foreign persons. Thus, the President, in coordination with the Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the heads of other Federal agencies, as appropriate, should have a regular and robust process to identify the emerging and other types of critical technologies of concern and regulate their release to foreign persons as warranted regardless of the nature of the underlying transaction. Such identification efforts should draw upon the resources and expertise of all relevant parts of the United States Government, industry, and academia. These efforts should be in addition to traditional efforts to modernize and update the lists of controlled items under the multilateral export control regimes.
(11) The authority under this subchapter may be exercised only in furtherance of all of the objectives set forth in paragraphs (1) through (10).
(
Editorial Notes
References in Text
This subchapter, referred to in pars. (3) and (11), was in the original "this part", meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of
Statutory Notes and Related Subsidiaries
No Technology for Terror
"SEC. 1. SHORT TITLE.
"This division may be cited as the 'No Technology for Terror Act'.
"SEC. 2. APPLICATION OF FOREIGN-DIRECT PRODUCT RULES TO IRAN.
"(a)
"(1) meets—
"(A) the product scope requirements described in subsection (b); and
"(B) the destination scope requirements described in subsection (c); and
"(2) is exported, reexported, or in-country transferred to Iran from abroad or involves the Government of Iran.
"(b)
"(1) is a direct product of United States-origin technology or software subject to the Export Administration Regulations that is specified in a covered Export Control Classification Number or is identified in supplement no. 7 to part 746 of the Export Administration Regulations; or
"(2) is produced by any plant or major component of a plant that is located outside the United States, if the plant or major component of a plant, whether made in the United States or a foreign country, itself is a direct product of United States-origin technology or software subject to the Export Administration Regulations that is specified in a covered Export Control Classification Number.
"(c)
"(d)
"(1)
"(2)
"(A) food, medicine, or medical devices that are—
"(i) designated as EAR99; or
"(ii) not designated under or listed on the Commerce Control List; or
"(B) services, software, or hardware (other than services, software, or hardware for end-users owned or controlled by the Government of Iran) that are—
"(i) necessarily and ordinarily incident to communications; or
"(ii) designated as—
"(I) EAR99; or
"(II) Export Control Classification Number 5A992.c or 5D992.c, and classified in accordance with section 740.17 of title 15 Code of Federal Regulations; and
"(iii) subject to a general license issued by the Department of Commerce or Department of Treasury.
"(e)
"(1) determines that the waiver is in the national interests of the United States; and
"(2) submits to the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives and to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate a report explaining which requirements are being waived and the reasons for the waiver.
"(f)
"(g)
"(1) the term 'Commerce Control List' means the list maintained pursuant to part 744 of the Export Administration Regulations;
"(2) the term 'covered Export Control Classification Number' means an Export Control Classification Number in product group D or E of Category 3, 4, 5, 6, 7, 8, or 9 of the Commerce Control List;
"(3) the terms 'Export Administration Regulations', 'export', 'reexport', and 'in-country transfer' have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 (
"(4) the terms 'direct product', 'technology', 'software', 'major component', 'knowledge', 'production', 'development', 'part', 'component', 'equipment', and 'government end users' have the meanings given those terms in section 734.9 or part 772 of the Export Administration Regulations, as the case may be."
§4812. Authority of the President
(a) Authority
In order to carry out the policy set forth in paragraphs (1) through (10) of
(1) the export, reexport, and in-country transfer of items subject to the jurisdiction of the United States, whether by United States persons or by foreign persons; and
(2) the activities of United States persons, wherever located, relating to specific—
(A) nuclear explosive devices;
(B) missiles;
(C) chemical or biological weapons;
(D) whole plants for chemical weapons precursors;
(E) foreign maritime nuclear projects; and
(F) foreign military, security, or intelligence services.
(b) Requirements
In exercising authority under this subchapter to carry out the policy set forth in paragraphs (1) through (10) of
(1) regulate the export, reexport, and in-country transfer of items described in subsection (a)(1) of United States persons or foreign persons;
(2) regulate the activities described in subsection (a)(2) of United States persons, wherever located;
(3) seek to secure the cooperation of other governments and multilateral organizations to impose control systems that are consistent, to the extent possible, with the controls imposed under subsection (a);
(4) maintain the leadership of the United States in science, engineering, technology research and development, manufacturing, and foundational technology that is essential to innovation;
(5) protect United States technological advances by prohibiting unauthorized technology transfers to foreign persons in the United States or outside the United States, particularly with respect to countries that may pose a significant threat to the national security of the United States;
(6) strengthen the United States industrial base, both with respect to current and future defense requirements; and
(7) enforce the controls through means such as regulations, requirements for compliance, lists of controlled items, lists of foreign persons who threaten the national security or foreign policy of the United States, and guidance in a form that facilitates compliance by United States persons and foreign persons, in particular academic institutions, scientific and research establishments, and small- and medium-sized businesses.
(c) Application of controls
The President shall impose controls over the export, reexport, or in-country transfer of items for purposes of the objectives described in subsections (b)(1) or (b)(2) without regard to the nature of the underlying transaction or any circumstances pertaining to the activity, including whether such export, reexport, or in-country transfer occurs pursuant to a purchase order or other contract requirement, voluntary decision, inter-company arrangement, marketing effort, or during a joint venture, joint development agreement, or similar collaborative agreement.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (b), was in the original "this part", meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of
Amendments
2022—Subsec. (a)(2)(F).
§4813. Additional authorities
(a) In general
In carrying out this subchapter on behalf of the President, the Secretary, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the heads of other Federal agencies as appropriate, shall—
(1) establish and maintain a list of items that are controlled under this subchapter;
(2) establish and maintain a list of foreign persons and end-uses that are determined to be a threat to the national security and foreign policy of the United States pursuant to the policy set forth in
(3) prohibit unauthorized exports, reexports, and in-country transfers of controlled items, including to foreign persons in the United States or outside the United States;
(4) restrict exports, reexports, and in-country transfers of any controlled items to any foreign person or end-use listed under paragraph (2);
(5) require licenses or other authorizations, as appropriate, for exports, reexports, and in-country transfers of controlled items, including—
(A) imposing conditions or restrictions on United States persons and foreign persons with respect to such licenses or other authorizations; and
(B) suspending or revoking such licenses or authorizations;
(6) establish a process for an assessment to determine whether a foreign item is comparable in quality to an item controlled under this subchapter, and is available in sufficient quantities to render the United States export control of that item or the denial of a license ineffective, including a mechanism to address that disparity;
(7) require measures for compliance with the export controls established under this subchapter;
(8) require and obtain such information from United States persons and foreign persons as is necessary to carry out this subchapter;
(9) require, to the extent feasible, identification of items subject to controls under this subchapter in order to facilitate the enforcement of such controls;
(10) inspect, search, detain, or seize, or impose temporary denial orders with respect to items, in any form, that are subject to controls under this subchapter, or conveyances on which it is believed that there are items that have been, are being, or are about to be exported, reexported, or in-country transferred in violation of this subchapter;
(11) monitor shipments and other means of transfer;
(12) keep the public appropriately apprised of changes in policy, regulations, and procedures established under this subchapter;
(13) appoint technical advisory committees in accordance with the Federal Advisory Committee Act;
(14) create, as warranted, exceptions to licensing requirements in order to further the objectives of this subchapter;
(15) establish and maintain processes to inform persons, either individually by specific notice or through amendment to any regulation or order issued under this subchapter, that a license from the Bureau of Industry and Security of the Department of Commerce is required to export; and
(16) undertake any other action as is necessary to carry out this subchapter that is not otherwise prohibited by law.
(b) Relationship to IEEPA
The authority under this subchapter may not be used to regulate or prohibit under this subchapter the export, reexport, or in-country transfer of any item that may not be regulated or prohibited under section 203(b) of the International Emergency Economic Powers Act (
(c) Countries supporting international terrorism
(1) Commerce license requirement
(A) In general
A license shall be required for the export, reexport, or in-country transfer of items, the control of which is implemented pursuant to subsection (a) by the Secretary, to a country if the Secretary of State has made the following determinations:
(i) The government of such country has repeatedly provided support for acts of international terrorism.
(ii) The export, reexport, or in-country transfer of such items could make a significant contribution to the military potential of such country, including its military logistics capability, or could enhance the ability of such country to support acts of international terrorism.
(B) Determination under other provisions of law
A determination of the Secretary of State under
(2) Notification to Congress
(A) In general
The Secretary of State and the Secretary shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate at least 30 days before any license is issued as required by paragraph (1).
(B) Contents
The Secretary of State shall include in the notification required under subparagraph (A)—
(i) a detailed description of the items to be offered, including a brief description of the capabilities of any item for which a license to export, reexport, or in-country transfer the items is sought;
(ii) the reasons why the foreign country, person, or entity to which the export, reexport, or in-country transfer is proposed to be made has requested the items under the export, reexport, or in-country transfer, and a description of the manner in which such country, person, or entity intends to use such items;
(iii) the reasons why the proposed export, reexport, or in-country transfer is in the national interest of the United States;
(iv) an analysis of the impact of the proposed export, reexport, or in-country transfer on the military capabilities of the foreign country, person, or entity to which such transfer would be made;
(v) an analysis of the manner in which the proposed export, reexport, or in-country transfer would affect the relative military strengths of countries in the region to which the items that are the subject of such export, reexport, or in-country transfer would be delivered and whether other countries in the region have comparable kinds and amounts of items; and
(vi) an analysis of the impact of the proposed export, reexport, or in-country transfer on the relations of the United States with the countries in the region to which the items that are the subject of such export, reexport, or in-country transfer would be delivered.
(3) Publication in Federal Register
Each determination of the Secretary of State under paragraph (1)(A)(i) shall be published in the Federal Register, except that the Secretary of State may exclude confidential information and trade secrets contained in such determination.
(4) Rescission of determination
A determination of the Secretary of State under paragraph (1)(A)(i) may not be rescinded unless the President submits to the Speaker of the House of Representatives, the chairman of the Committee on Foreign Affairs, and the chairman of the Committee on Banking, Housing, and Urban Affairs and the chairman of the Committee on Foreign Relations of the Senate—
(A) before the proposed rescission would take effect, a report certifying that—
(i) there has been a fundamental change in the leadership and policies of the government of the country concerned;
(ii) that government is not supporting acts of international terrorism; and
(iii) that government has provided assurances that it will not support acts of international terrorism in the future; or
(B) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that—
(i) the government concerned has not provided any support for acts international terrorism during the preceding 6-month period; and
(ii) the government concerned has provided assurances that it will not support acts of international terrorism in the future.
(d) Enhanced controls
(1) In general
In furtherance of
(A) the export, reexport, or in-country transfer of items described in paragraph (2), including items that are not subject to control under this subchapter; and
(B) other activities that may support the design, development, production, use, operation, installation, maintenance, repair, overhaul, or refurbishing of, or for the performance of services relating to, any such items.
(2) Items described
The items described in this paragraph include—
(A) nuclear explosive devices;
(B) missiles;
(C) chemical or biological weapons;
(D) whole plants for chemical weapons precursors; and
(E) foreign maritime nuclear projects that would pose a risk to the national security or foreign policy of the United States.
(e) Additional prohibitions
The Secretary may inform United States persons, either individually by specific notice or through amendment to any regulation or order issued under this subchapter, that a license from the Bureau of Industry and Security of the Department of Commerce is required to engage in any activity if the activity involves the types of movement, service, or support described in subsection (d). The absence of any such notification does not excuse the United States person from compliance with the license requirements of subsection (d), or any regulation or order issued under this subchapter.
(f) License review standards
The Secretary shall deny an application to engage in any activity described in subsection (d) if the activity would make a material contribution to any of the items described in subsection (d)(2).
(
Editorial Notes
References in Text
This subchapter, referred to in subsecs. (a), (b), (d)(1)(A), and (e), was in the original "this part", meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of
The Federal Advisory Committee Act, referred to in subsec. (a)(13), is
IEEPA, referred to in subsec. (b), is the International Emergency Economic Powers Act, title II of
§4814. Administration of export controls
(a) In general
The President shall rely on, including through delegations, as appropriate, the Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, the Director of National Intelligence, and the heads of other Federal agencies as appropriate, to exercise the authority to carry out the purposes set forth in subsection (b).
(b) Purposes
The purposes of this section include to—
(1) advise the President with respect to—
(A) identifying specific threats to the national security and foreign policy that the authority of this subchapter may be used to address; and
(B) exercising the authority under this subchapter to implement policies, regulations, procedures, and actions that are necessary to effectively counteract those threats;
(2) review and approve—
(A) criteria for including items on, and removing such an item from, a list of controlled items established under this subchapter;
(B) an interagency procedure for compiling and amending any list described in subparagraph (A);
(C) criteria for including a person on a list of persons to whom exports, reexports, and in-country transfers of items are prohibited or restricted under this subchapter;
(D) standards for compliance by persons subject to controls under this subchapter; and
(E) policies and procedures for the end-use monitoring of exports, reexports, and in-country transfers of items controlled under this subchapter; and
(3) benefit from the inherent equities, experience, and capabilities of the Federal officials described in subsection (a).
(c) Sense of Congress
It is the sense of Congress that the administration of export controls under this subchapter should be consistent with the procedures relating to export license applications described in Executive Order 12981 (1995).
(
Editorial Notes
References in Text
This subchapter, referred to in subsecs. (b)(1), (2) and (c), was in the original "this part", meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of
Executive Order 12981, referred to in subsec. (c), is Ex. Ord. No. 12981, Dec. 5, 1995, 60 F.R. 62981, which is set out as a note under former
§4815. Licensing
(a) In general
The Secretary shall, consistent with delegations as described in
(1) license applications and other requests for authorization are considered and decisions made with the participation of appropriate Federal agencies, as appropriate; and
(2) licensing decisions are made in an expeditious manner, with transparency to applicants on the status of license and other authorization processing and the reason for denying any license or request for authorization.
(b) Sense of Congress
It is the sense of Congress that the Secretary should make best efforts to ensure that an accurate, consistent, and timely evaluation and processing of licenses or other requests for authorization to export, reexport, or in-country transfer items controlled under this subchapter is generally accomplished within 30 days from the date of such license request.
(c) Fees
No fee may be charged in connection with the submission, processing, or consideration of any application for a license or other authorization or other request made in connection with any regulation in effect under the authority of this subchapter.
(d) Additional procedural requirements
(1) In general
The procedure required under subsection (a) shall provide for the assessment of the impact of a proposed export of an item on the United States defense industrial base and the denial of an application for a license or a request for an authorization of any export that would have a significant negative impact on such defense industrial base, as described in paragraph (3).
(2) Information from applicant
The procedure required under subsection (a) shall also require an applicant for a license to provide the information necessary to make the assessment provided under paragraph (1), including whether the purpose or effect of the export is to allow for the significant production of items relevant for the defense industrial base outside the United States.
(3) Significantly negative impact defined
A significant negative impact on the United States defense industrial base is the following:
(A) A reduction in the availability of an item produced in the United States that is likely to be acquired by the Department of Defense or other Federal department or agency for the advancement of the national security of the United States, or for the production of an item in the United States for the Department of Defense or other agency for the advancement of the national security of the United States.
(B) A reduction in the production in the United States of an item that is the result of research and development carried out, or funded by, the Department of Defense or other Federal department or agency to advance the national security of the United States, or a federally funded research and development center.
(C) A reduction in the employment of United States persons whose knowledge and skills are necessary for the continued production in the United States of an item that is likely to be acquired by the Department of Defense or other Federal department or agency for the advancement of the national security of the United States.
(
Editorial Notes
References in Text
This subchapter, referred to in subsecs. (a) to (c), was in the original "this part", meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of
§4816. Compliance assistance
(a) System for seeking assistance
The President may authorize the Secretary to establish a system to provide United States persons with assistance in complying with this subchapter, which may include a mechanism for providing information, in classified form as appropriate, to persons who are potential customers, suppliers, or business partners with respect to items controlled under this subchapter, in order to further ensure the prevention of the export, reexport, or in-country transfer of items that may pose a threat to the national security or foreign policy of the United States.
(b) Security clearances
In order to carry out subsection (a), the President may issue appropriate security clearances to persons described in that subsection who are responsible for complying with this subchapter.
(c) Assistance for certain businesses
(1) In general
Not later than 120 days after August 13, 2018, the President shall develop and submit to Congress a plan to assist small- and medium-sized United States businesses in export licensing and other processes under this subchapter.
(2) Contents
The plan shall include, among other things, arrangements for the Department of Commerce to provide counseling to businesses described in paragraph (1) on filing applications and identifying items controlled under this subchapter, as well as proposals for seminars and conferences to educate such businesses on export controls, licensing procedures, and related obligations.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this part", meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of
Amendments
2021—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Executive Documents
Delegation of Authorities Under Section 1757 of the National Defense Authorization Act for Fiscal Year 2019
Memorandum of President of the United States, Nov. 26, 2018, 83 F.R. 61503, provided:
Memorandum for the Secretary of Commerce
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum.
You are authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
§4817. Requirements to identify and control the export of emerging and foundational technologies
(a) Identification of technologies
(1) In general
The President shall establish and, in coordination with the Secretary, the Secretary of Defense, the Secretary of Energy, the Secretary of State, and the heads of other Federal agencies as appropriate, lead, a regular, ongoing interagency process to identify emerging and foundational technologies that—
(A) are essential to the national security of the United States; and
(B) are not critical technologies described in clauses (i) through (v) of
(2) Process
The interagency process established under subsection (a) shall—
(A) be informed by multiple sources of information, including—
(i) publicly available information;
(ii) classified information, including relevant information provided by the Director of National Intelligence;
(iii) information relating to reviews and investigations of transactions by the Committee on Foreign Investment in the United States under
(iv) information provided by the advisory committees established by the Secretary to advise the Under Secretary of Commerce for Industry and Security on controls under the Export Administration Regulations, including the Emerging Technology and Research Advisory Committee;
(B) take into account—
(i) the development of emerging and foundational technologies in foreign countries;
(ii) the effect export controls imposed pursuant to this section may have on the development of such technologies in the United States; and
(iii) the effectiveness of export controls imposed pursuant to this section on limiting the proliferation of emerging and foundational technologies to foreign countries; and
(C) include a notice and comment period.
(b) Commerce controls
(1) In general
Except to the extent inconsistent with the authorities described in subsection (a)(1)(B), the Secretary shall establish appropriate controls under the Export Administration Regulations on the export, reexport, or in-country transfer of technology identified pursuant to subsection (a), including through interim controls (such as by informing a person that a license is required for export), as appropriate, or by publishing additional regulations.
(2) Levels of control
(A) In general
The Secretary may, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, specify the level of control to apply under paragraph (1) with respect to the export of technology described in that paragraph, including a requirement for a license or other authorization for the export, reexport, or in-country transfer of that technology.
(B) Considerations
In determining under subparagraph (A) the level of control appropriate for technology described in paragraph (1), the Secretary shall take into account—
(i) lists of countries to which exports from the United States are restricted; and
(ii) the potential end uses and end users of the technology.
(C) Minimum requirements
At a minimum, except as provided by paragraph (4), the Secretary shall require a license for the export, reexport, or in-country transfer of technology described in paragraph (1) to or in a country subject to an embargo, including an arms embargo, imposed by the United States.
(3) Review of license applications
(A) Procedures
The procedures set forth in Executive Order 12981 (
(B) Consideration of information relating to national security
In reviewing an application for a license or other authorization for the export, reexport, or in-country transfer of technology described in paragraph (1), the Secretary shall take into account information provided by the Director of National Intelligence regarding any threat to the national security of the United States posed by the proposed export, reexport, or transfer. The Director of National Intelligence shall provide such information on the request of the Secretary.
(C) Disclosures relating to collaborative arrangements
In the case of an application for a license or other authorization for the export, reexport, or in-country transfer of technology described in paragraph (1) submitted by or on behalf of a joint venture, joint development agreement, or similar collaborative arrangement, the Secretary may require the applicant to identify, in addition to any foreign person participating in the arrangement, any foreign person with significant ownership interest in a foreign person participating in the arrangement.
(4) Exceptions
(A) Mandatory exceptions
The Secretary may not control under this subsection the export of any technology—
(i) described in
(ii) if the regulation of the export of that technology is prohibited under any other provision of law.
(B) Regulatory exceptions
In prescribing regulations under paragraph (1), the Secretary may include regulatory exceptions to the requirements of that paragraph.
(C) Additional exceptions
The Secretary shall not be required to impose under paragraph (1) a requirement for a license or other authorization with respect to the export, reexport, or in-country transfer of technology described in paragraph (1) pursuant to any of the following transactions:
(i) The sale or license of a finished item and the provision of associated technology if the United States person that is a party to the transaction generally makes the finished item and associated technology available to its customers, distributors, or resellers.
(ii) The sale or license to a customer of a product and the provision of integration services or similar services if the United States person that is a party to the transaction generally makes such services available to its customers.
(iii) The transfer of equipment and the provision of associated technology to operate the equipment if the transfer could not result in the foreign person using the equipment to produce critical technologies (as defined in
(iv) The procurement by the United States person that is a party to the transaction of goods or services, including manufacturing services, from a foreign person that is a party to the transaction, if the foreign person has no rights to exploit any technology contributed by the United States person other than to supply the procured goods or services.
(v) Any contribution and associated support by a United States person that is a party to the transaction to an industry organization related to a standard or specification, whether in development or declared, including any license of or commitment to license intellectual property in compliance with the rules of any standards organization (as defined by the Secretary by regulation).
(c) Multilateral controls
(1) In general
The Secretary of State, in consultation with the Secretary and the Secretary of Defense, and the heads of other Federal agencies, as appropriate, shall propose that any technology identified pursuant to subsection (a) be added to the list of technologies controlled by the relevant multilateral export control regimes.
(2) Items on commerce control list or United States munitions list
If the Secretary of State proposes to a multilateral export control regime under paragraph (1) to add a technology identified pursuant to subsection (a) to the control list of that regime and that regime does not add that technology to the control list during the 3-year period beginning on the date of the proposal, the applicable agency head may determine whether national security concerns warrant the continuation of unilateral export controls with respect to that technology.
(d) Report to Committee on Foreign Investment in the United States
Not less frequently than every 180 days, the Secretary, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, shall submit to the Committee on Foreign Investment in the United States a report on the results of actions taken pursuant to this section.
(e) Report to Congress
Not less frequently than every 180 days, the Secretary, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, shall submit a report on the results of actions taken pursuant to this section, including actions taken pursuant to subsections (a), (b), and (c), to—
(1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
(f) Modifications to Emerging Technology and Research Advisory Committee
(1) In general
The Secretary shall revise the objectives of the Emerging Technology and Research Advisory Committee, established by the Secretary under the Export Administration Regulations, to include advising the interagency process established under subsection (a) with respect to emerging and foundational technologies.
(2) Duties
The Secretary—
(A) shall revise the duties of the Emerging Technology and Research Advisory Committee to include identifying emerging and foundational technologies that may be developed over a period of 5 years or 10 years; and
(B) may revise the duties of the Advisory Committee to include identifying trends in—
(i) the ownership by foreign persons and foreign governments of such technologies;
(ii) the types of transactions related to such technologies engaged in by foreign persons and foreign governments;
(iii) the blending of private and government investment in such technologies; and
(iv) efforts to obfuscate ownership of such technologies or to otherwise circumvent the controls established under this section.
(3) Meetings
(A) Frequency
The Emerging Technology and Research Advisory Committee should meet not less frequently than every 120 days.
(B) Attendance
A representative from each agency participating in the interagency process established under subsection (a) should be in attendance at each meeting of the Emerging Technology and Research Advisory Committee.
(4) Classified information
Not fewer than half of the members of the Emerging Technology and Research Advisory Committee should hold sufficient security clearances such that classified information, including classified information described in clauses (ii) and (iii) of subsection (a)(2)(A), from the interagency process established under subsection (a) can be shared with those members to inform the advice provided by the Advisory Committee.
(5) Applicability of Federal Advisory Committee Act
Subsections (a)(1), (a)(3), and (b) of section 10 and sections 11, 13, and 14 of the Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to the Emerging Technology and Research Advisory Committee.
(6) Report
The Emerging Technology and Research Advisory Committee shall include the findings of the Advisory Committee under this subsection in the annual report to Congress required by
(g) Rule of Construction
Nothing in this chapter shall be construed to alter or limit—
(1) the authority of the President or the Secretary of State to designate items as defense articles and defense services for the purposes of the Arms Export Control Act (
(2) the authority of the President under the Atomic Energy Act of 1954 (
(
Editorial Notes
References in Text
Executive Order 12981, referred to in subsec. (b)(3)(A), is Ex. Ord. No. 12981, Dec. 5, 1995, 60 F.R. 62981, which is set out as a note under former
The Federal Advisory Committee Act, referred to in subsec. (f)(5), is
This chapter, referred to in subsec. (g), was in the original "this subtitle", meaning subtitle B (§§1741–1781) of title XVII of div. A of
The Arms Export Control Act, referred to in subsec. (g)(1), is
The Atomic Energy Act of 1954, referred to in subsec. (g)(2), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
The Nuclear Non-Proliferation Act of 1978, referred to in subsec. (g)(2), is
The Energy Reorganization Act of 1974, referred to in subsec. (g)(2), is
The Export Administration Act of 1979, referred to in subsec. (g)(2), is
The International Emergency Economic Powers Act, referred to in subsec. (g)(2), is title II of
1 See References in Text note below.
§4818. Review relating to countries subject to comprehensive United States arms embargo
(a) In general
The Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the heads of other Federal agencies as appropriate, shall conduct a review of license requirements for exports, reexports, or in-country transfers of items to countries subject to a comprehensive United States arms embargo, including, as appropriate—
(1) the scope of controls under title 15, Code of Federal Regulations, that apply to exports, reexports, and in-country transfers for military end uses and military end users in countries that are subject to a comprehensive United States arms embargo and countries that are subject to a United Nations arms embargo; and
(2) entries on the Commerce Control List maintained under title 15, Code of Federal Regulations, that are not subject to a license requirement for the export, reexport, or in-country transfer of items to countries subject to a comprehensive United States arms embargo.
(b) Implementation of results of review
Not later than 270 days after August 13, 2018, the Secretary shall implement the results of the review conducted under subsection (a).
(
Editorial Notes
Amendments
2021—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
§4819. Penalties
(a) Unlawful acts
(1) In general
It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of this subchapter or of any regulation, order, license, or other authorization issued under this subchapter, including any of the unlawful acts described in paragraph (2).
(2) Specific unlawful acts
The unlawful acts described in this paragraph are the following:
(A) No person may engage in any conduct prohibited by or contrary to, or refrain from engaging in any conduct required by this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(B) No person may cause or aid, abet, counsel, command, induce, procure, permit, or approve the doing of any act prohibited, or the omission of any act required by this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(C) No person may solicit or attempt a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(D) No person may conspire or act in concert with one or more other persons in any manner or for any purpose to bring about or to do any act that constitutes a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(E) No person may order, buy, remove, conceal, store, use, sell, loan, dispose of, transfer, transport, finance, forward, or otherwise service, in whole or in part, or conduct negotiations to facilitate such activities for, any item exported or to be exported from the United States, or that is otherwise subject to the Export Administration Regulations, with knowledge that a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder, has occurred, is about to occur, or is intended to occur in connection with the item unless valid authorization is obtained therefor.
(F) No person may make any false or misleading representation, statement, or certification, or falsify or conceal any material fact, either directly to the Department of Commerce, or an official of any other United States agency, including the Department of Homeland Security and the Department of Justice, or indirectly through any other person—
(i) in the course of an investigation or other action subject to the Export Administration Regulations;
(ii) in connection with the preparation, submission, issuance, use, or maintenance of any export control document or any report filed or required to be filed pursuant to the Export Administration Regulations; or
(iii) for the purpose of or in connection with effecting any export, reexport, or in-country transfer of an item subject to the Export Administration Regulations or a service or other activity of a United States person described in
(G) No person may engage in any transaction or take any other action with intent to evade the provisions of this subchapter, the Export Administration Regulations, or any order, license, or authorization issued thereunder.
(H) No person may fail or refuse to comply with any reporting or recordkeeping requirements of the Export Administration Regulations or of any order, license, or authorization issued thereunder.
(I) Except as specifically authorized in the Export Administration Regulations or in writing by the Department of Commerce, no person may alter any license, authorization, export control document, or order issued under the Export Administration Regulations.
(J) No person may take any action that is prohibited by a denial order or a temporary denial order issued by the Department of Commerce to prevent imminent violations of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(3) Additional requirements
For purposes of paragraph (2)(F), any representation, statement, or certification made by any person shall be deemed to be continuing in effect. Each person who has made a representation, statement, or certification to the Department of Commerce relating to any order, license, or other authorization issued under this subchapter shall notify the Department of Commerce, in writing, of any change of any material fact or intention from that previously represented, stated, or certified, immediately upon receipt of any information that would lead a reasonably prudent person to know that a change of material fact or intention had occurred or may occur in the future.
(b) Criminal penalty
A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids and abets in the commission of, an unlawful act described in subsection (a)—
(1) shall be fined not more than $1,000,000; and
(2) in the case of the individual, shall be imprisoned for not more than 20 years, or both.
(c) Civil penalties
(1) Authority
The Secretary may impose the following civil penalties on a person for each violation by that person of this subchapter or any regulation, order, or license issued under this subchapter, for each violation:
(A) A fine of not more than $300,000 or an amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed, whichever is greater.
(B) Revocation of a license issued under this subchapter to the person.
(C) A prohibition on the person's ability to export, reexport, or in-country transfer any items controlled under this subchapter.
(2) Procedures
Any civil penalty under this subsection may be imposed only after notice and opportunity for an agency hearing on the record in accordance with
(3) Standards for levels of civil penalty
The Secretary may by regulation provide standards for establishing levels of civil penalty under this subsection based upon factors such as the seriousness of the violation, the culpability of the violator, and such mitigating factors as the violator's record of cooperation with the Government in disclosing the violation.
(d) Criminal forfeiture
(1) In general
Any person who is convicted under subsection (b) of a violation of a control imposed under
(A) used or intended to be used, in any manner, to commit or facilitate the violation;
(B) constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of the violation; or
(C) constituting an item or technology that is exported or intended to be exported in violation of this subchapter.1
(2) Procedures
The procedures in any forfeiture under this subsection shall be governed by the procedures established under
(e) Prior convictions
(1) License bar
(A) In general
The Secretary may—
(i) deny the eligibility of any person convicted of a criminal violation described in subparagraph (B) to export, reexport, or in-country transfer outside the United States any item, whether or not subject to controls under this subchapter, for a period of up to 10 years beginning on the date of the conviction; and
(ii) revoke any license or other authorization to export, reexport, or in-country transfer items that was issued under this subchapter and in which such person has an interest at the time of the conviction.
(B) Violations
The violations referred to in subparagraph (A) are any criminal violations of, or criminal attempt or conspiracy to violate—
(i) this subchapter (or any regulation, license, or order issued under this subchapter);
(ii) any regulation, license, or order issued under the International Emergency Economic Powers Act [
(iii)
(iv)
(v)
(vi)
(2) Application to other parties
The Secretary may exercise the authority under paragraph (1) with respect to any person related, through affiliation, ownership, control, position of responsibility, or other connection in the conduct of trade or business, to any person convicted of any violation of law set forth in paragraph (1), upon a showing of such relationship with the convicted party, and subject to the procedures set forth in subsection (c)(2).
(f) Other authorities
Nothing in subsection (c), (d), or (e) limits—
(1) the availability of other administrative or judicial remedies with respect to violations of this subchapter, or any regulation, order, license or other authorization issued under this subchapter;
(2) the authority to compromise and settle administrative proceedings brought with respect to violations of this subchapter, or any regulation, order, license, or other authorization issued under this subchapter; or
(3) the authority to compromise, remit or mitigate seizures and forfeitures pursuant to
(
Editorial Notes
References in Text
This subchapter, referred to in subsecs. (a), (c)(1), (e)(1), and (f)(1), (2), was in the original "this part", meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of
This subchapter, referred to in subsec. (d)(1)(C), was in the original "this title", and was translated as meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of
The International Emergency Economic Powers Act, referred to in subsec. (e)(1)(B)(ii), is title II of
1 See References in Text note below.
§4820. Enforcement
(a) Authorities
In order to enforce this subchapter, the Secretary, on behalf of the President, may exercise, in addition to relevant enforcement authorities of other Federal agencies, the authority to—
(1) issue orders and guidelines;
(2) require, inspect, and obtain books, records, and any other information from any person subject to the provisions of this subchapter;
(3) administer oaths or affirmations and by subpoena require any person to appear and testify or to appear and produce books, records, and other writings, or both;
(4) conduct investigations within the United States and outside the United States consistent with applicable law;
(5) inspect, search, detain, seize, or issue temporary denial orders with respect to items, in any form, that are subject to controls under this subchapter, or conveyances on which it is believed that there are items that have been, are being, or are about to be exported, reexported, or in-country transferred in violation of this subchapter, or any regulations, order, license, or other authorization issued thereunder;
(6) carry firearms;
(7) conduct prelicense inspections and post-shipment verifications; and
(8) execute warrants and make arrests.
(b) Undercover investigations
(1) In general
Amounts made available to carry out this subchapter may be used by the Secretary to carry out undercover investigations that are necessary for detection and prosecution of violations of this subchapter, including to—
(A) purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to—
(i)
(ii)
(iii) sections 3901, 6301(a) and (b)(1) to (3), and 6306 of title 41; and
(iv)
(B) establish or acquire proprietary corporations or business entities as part of the undercover operation and operate such corporations or business entities on a commercial basis, without regard to
(2) Deposit of amounts in banks or other financial institutions
Amounts made available to carry out this subchapter that are used to carry out undercover operations under paragraph (1) may be deposited in banks or other financial institutions without regard to the provisions of
(3) Offset of necessary and reasonable expenses
Any proceeds from an undercover operation carried out under paragraph (1) may be used to offset necessary and reasonable expenses incurred in such undercover operation without regard to the provisions of
(4) Disposition of corporations and business entities
If a corporation or business entity established or acquired as part of an undercover operation carried out under paragraph (1) with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Secretary shall report the circumstances to the Comptroller General of the United States as much in advance of such disposition as the Secretary determines is practicable. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts. Any property or equipment purchased pursuant to paragraph (1) may be retained for subsequent use in undercover operations under this section. When such property or equipment is no longer needed, it shall be considered surplus and disposed of as surplus government property.
(5) Deposit of proceeds
As soon as the proceeds from an undercover operation carried out under paragraph (1), with respect to which an action is certified and carried out under this subsection, are no longer needed for the conduct of such operation, the proceeds or the balance of such proceeds remaining at the time shall be deposited into the Treasury of the United States as miscellaneous receipts.
(c) Enforcement of subpoenas
In the case of contumacy by, or refusal to obey a subpoena issued to, any person under subsection (a)(3), a district court of the United States, after notice to such person and a hearing, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce books, records, and other writings, regardless of format, that are the subject of the subpoena. Any failure to obey such order of the court may be punished by such court as a contempt thereof.
(d) Best practice guidelines
(1) In general
The Secretary, in consultation with the heads of other appropriate Federal agencies, should publish and update "best practices" guidelines to assist persons in developing and implementing, on a voluntary basis, effective export control programs in compliance with the regulations issued under this subchapter.
(2) Export compliance program
The implementation by a person of an effective export compliance program and a high quality overall export compliance effort by a person should ordinarily be given weight as mitigating factors in a civil penalty action against the person under this subchapter.
(e) Reference to enforcement
For purposes of this section, a reference to the enforcement of, or a violation of, this subchapter includes a reference to the enforcement or a violation of any regulation, order, license or other authorization issued pursuant to this subchapter.
(f) Omitted
(g) Immunity
A person shall not be excused from complying with any requirements under this section because of the person's privilege against self-incrimination, but the immunity provisions of
(h) Confidentiality of information
(1) Exemptions from disclosure
(A) In general
Information obtained under this subchapter may be withheld from disclosure only to the extent permitted by statute, except that information described in subparagraph (B) shall be withheld from public disclosure and shall not be subject to disclosure under
(B) Information described
Information described in this subparagraph is information submitted or obtained in connection with an application for a license or other authorization to export, reexport, or in-country transfer items or engage in other activities, a recordkeeping or reporting requirement, an enforcement activity, or other operations under this subchapter, including—
(i) the license application, license, or other authorization itself;
(ii) classification or advisory opinion requests, and the response thereto;
(iii) license determinations, and information pertaining thereto;
(iv) information or evidence obtained in the course of any investigation; and
(v) information obtained or furnished in connection with any international agreement, treaty, or other obligation.
(2) Information to the Congress and GAO
(A) In general
Nothing in this section shall be construed as authorizing the withholding of information from the Congress or from the Government Accountability Office.
(B) Availability to the Congress
(i) In general
Any information obtained at any time under any provision of the Export Administration Act of 1979 (
(ii) Prohibition on further disclosure
No such committee or subcommittee, or member thereof, may disclose any information made available under clause (i), that is submitted on a confidential basis unless the full committee determines that the withholding of that information is contrary to the national interest.
(C) Availability to GAO
(i) In general
Information described in clause (i) of subparagraph (B) shall be subject to the limitations contained in
(ii) Prohibition on further disclosure
An officer or employee of the Government Accountability Office may not disclose, except to the Congress in accordance with this paragraph, any such information that is submitted on a confidential basis or from which any individual can be identified.
(3) Information sharing
(A) In general
Any Federal official described in
(B) Exceptions
The provisions of this paragraph shall not apply to information subject to the restrictions set forth in
(C) Exchange of information
The President shall ensure that the heads of departments, agencies, and offices with enforcement authorities under this subchapter, consistent with protection of law enforcement and its sources and methods—
(i) exchange any licensing and enforcement information with one another that is necessary to facilitate enforcement efforts under this section; and
(ii) consult on a regular basis with one another and with the head of other departments, agencies, and offices that obtain information subject to this paragraph, in order to facilitate the exchange of such information.
(D) Information sharing with Federal agencies
Licensing or enforcement information obtained under this subchapter may be shared with departments, agencies, and offices that do not have enforcement authorities under this subchapter on a case-by-case basis.
(i) Reporting requirements
In the administration of this section, reporting requirements shall be designed to reduce the cost of reporting, recordkeeping, and documentation to the extent consistent with effective enforcement and compilation of useful trade statistics. Reporting, recordkeeping, and documentation requirements shall be periodically reviewed and revised in the light of developments in the field of information technology.
(j) Civil forfeiture
(1) In general
Any property, real or personal, tangible or intangible, seized under subsection (a) by designated officers or employees shall be subject to forfeiture to the United States in accordance with applicable law.
(2) Procedures
Any seizure or forfeiture under this subsection shall be carried out in accordance with the procedures set forth in
(k) Rule of construction
Nothing in this subchapter1 shall be construed to limit or otherwise affect the enforcement authorities of the Department of Homeland Security which may also complement those set forth herein.
(
Editorial Notes
References in Text
This subchapter, referred to in subsecs. (a), (b)(1), (2), (d), (e), and (h), was in the original "this part", meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of
The Export Administration Act of 1979, referred to in subsec. (h)(2)(B)(i), is
The International Emergency Economic Powers Act, referred to in subsec. (h)(2)(B)(i), is title II of
This subchapter, referred to in subsec. (k), was in the original "this Act", and was translated as meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of
Codification
Section is comprised of section 1761 of
1 See References in Text note below.
§4821. Administrative procedure
(a) In general
Except as provided in
(b) Administrative law judges
(1) In general
The Secretary may—
(A) appoint administrative law judges, consistent with the provisions of
(B) designate properly appointed administrative law judges from other Federal agencies who are provided to the Department of Commerce pursuant to a legally authorized interagency agreement.
(2) Limitation
An administrative law judge appointed or designated by the Secretary under paragraph (1) may preside only over proceedings of the Department of Commerce.
(c) Amendments to regulations
The President shall notify in advance the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives of any proposed amendments to the Export Administration Regulations with an explanation of the intent and rationale of such amendments.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (a), was in the original "this part", meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of
§4822. Review of interagency dispute resolution process
(a) In general
The President shall review and evaluate the interagency export license referral, review, and escalation processes for dual-use items and munitions under the licensing jurisdiction of the Department of Commerce or any other Federal agency, as appropriate, to determine whether current practices and procedures are consistent with established national security and foreign policy objectives.
(b) Report
Not later than 180 days after August 13, 2018, the President shall submit to the appropriate congressional committees a report that contains the results of the review carried out under subsection (a).
(c) Operating Committee for Export Policy
In any case in which the Operating Committee for Export Policy established by Executive Order 12981 (December 5, 1995; relating to Administration of Export Controls) is meeting to conduct an interagency dispute resolution relating to applications for export licenses under the Export Administration Regulations, matters relating to jet engine hot section technology, commercial communication satellites, and emerging or foundational technology may be decided by majority vote.
(d) Appropriate congressional committees defined
In this section, the term "appropriate congressional committees" means—
(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(
Editorial Notes
References in Text
Executive Order 12981, referred to in subsec. (c), is Ex. Ord. No. 12981, Dec. 5, 1995, 60 F.R. 62981, which is set out as a note under former
Amendments
2021—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Executive Documents
Delegation of Authorities and Responsibilities Under Section 1763 of the National Defense Authorization Act for Fiscal Year 2019
Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 197, provided:
Memorandum for the Secretary of Commerce
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
The delegation of authorities and responsibilities in this memorandum shall apply to any provision of any future public law that are the same or substantially the same as the provision referenced in this memorandum.
The Secretary of Commerce is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
§4823. Consultation with other agencies on commodity classification
Notwithstanding any other provision of law, the Secretary shall consult with the Secretary of Defense, the Secretary of State, and the Secretary of Energy, as appropriate, regarding commodity classifications for any item the Secretary and the Secretary of Defense, the Secretary of State, and the Secretary of Energy identify and mutually determine is materially significant enough to warrant interagency consultation.
(
§4824. Annual report to Congress
(a) In general
The Secretary shall submit to Congress, by December 31 of each year, a report on the implementation of this subchapter during the preceding fiscal year. The report shall include a review of—
(1) the effect of controls imposed under this subchapter on exports, reexports, and in-country transfers of items in addressing threats to the national security or foreign policy of the United States, including a description of licensing processing times;
(2) the impact of such controls on the scientific and technological leadership of the United States;
(3) the consistency with such controls of export controls imposed by other countries;
(4) efforts to provide exporters with compliance assistance, including specific actions to assist small- and medium-sized businesses;
(5) a summary of regulatory changes from the prior fiscal year;
(6) a summary of export enforcement actions, including of actions taken to implement end-use monitoring of dual-use, military, and other items subject to the Export Administration Regulations;
(7) a summary of approved license applications to proscribed persons;
(8) efforts undertaken within the previous year to comply with the requirements of section 4817 1 of this title, including any critical technologies identified under such section and how or whether such critical technologies were controlled for export; and
(9) a summary of industrial base assessments conducted during the previous year by the Department of Commerce, including with respect to counterfeit electronics, foundational technologies, and other research and analysis of critical technologies and industrial capabilities of key defense-related sectors.
(b) Form
The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (a), was in the original "this part", meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of
1 See References in Text note below.
§4825. Effect on other acts
(a) In general
Except as otherwise provided in this subchapter, nothing contained in this subchapter shall be construed to modify, repeal, supersede, or otherwise affect the provisions of any other laws authorizing control over the export or reexport of any item.
(b) Coordination of controls
(1) In general
The authority granted to the President under this subchapter shall be exercised in such manner so as to achieve effective coordination with the authority exercised under section 38 of the Arms Export Control Act (
(2) Sense of Congress
It is the sense of Congress that in order to achieve effective coordination described in paragraph (1), such Federal departments and agencies—
(A) should continuously work to create enforceable regulations with respect to the export, reexport, and in-country transfer by United States and foreign persons of commodities, software, technology, and services to various end uses and end users for foreign policy and national security reasons;
(B) should regularly work to reduce complexity in the system, including complexity caused merely by the existence of structural, definitional, and other non-policy based differences between and among different export control and sanctions systems; and
(C) should coordinate controls on items exported, reexported, or in-country transferred in connection with a foreign military sale under
(c) Nonproliferation controls
Nothing in this subchapter shall be construed to supersede the procedures published by the President pursuant to
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this part", meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of
The Arms Export Control Act, referred to in subsec. (b)(2)(C), is
§4826. Transition provisions
(a) In general
All delegations, rules, regulations, orders, determinations, licenses, or other forms of administrative action that have been made, issued, conducted, or allowed to become effective under the Export Administration Act of 1979 (
(b) Administrative and judicial proceedings
This subchapter shall not affect any administrative or judicial proceedings commenced, or any applications for licenses made, under the Export Administration Act of 1979 (as in effect on the day before August 13, 2018, and as continued in effect pursuant to the International Emergency Economic Powers Act [
(c) Certain determinations and references
(1) State sponsors of terrorism
Any determination that was made under section 6(j) of the Export Administration Act of 1979 (as in effect on the day before August 13, 2018, and as continued in effect pursuant to the International Emergency Economic Powers Act [
(2) Reference
Any reference in any other provision of law to a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as in effect on the day before August 13, 2018, and as continued in effect pursuant to the International Emergency Economic Powers Act [
(
Editorial Notes
References in Text
The Export Administration Act of 1979, referred to in text, is
The International Emergency Economic Powers Act, referred to in text, is title II of
This subchapter, referred to in subsecs. (a) and (b), was in the original "this part", meaning part I (§§1751–1768) of subtitle B of title XVII of div. A of