It would require the President within 180 days to identify all countries of concern with respect to transhipment, reexportation, or diversion of items subject to the EAR to Iran. Watch this item. ]\"&t|@T(7_ k8 Marshal status in order to function as law enforcement officers, a complication that consumes limited resources better used on enforcement. 2581 and reported out the legislation by a vote of 44-6 (H.Rept. Why can't these popular names easily be found in the US Code? The EAR broadly governs and imposes The Chair is selected by the Secretary of Commerce and serves as the Executive Secretary of ACEP. The EAA attaches limitations on the use of foreign policy controls. Items controlled for national security purposes are subject to a foreign availability determination. The House version of the Export Administration Act, H.R. By joining our advisory group, you can help us make GovTrack more useful and engaging to young voters like you. Commerce notes that it has conducted checks under the pre-existing 2004 end-use verification understanding (EUVU). Exporters must report the transactions to BIS on a semi-annual basis. 0000012454 00000 n Each of these individual provisions would, logically, belong in a different place in the Code. Pub. (More Info). Sometimes these names say something about the substance of the law (as with the '2002 Winter Olympic Commemorative Coin Act'). The National Defense Authorization Act (NDAA) has also been used periodically as a vehicle to attempt to amend the export control regime. BIS reported that these companies had imported licensed goods valued at $54.3 million in 2006.71 In January 2008, the Wisconsin Project on Nuclear Arms Control charged in a report that two of the entities, AVIC I and HHNEC, present diversion risks through their corporate affiliations with government-owned companies that do business with the Chinese military. 55), which was identical to S. 149, but no action was taken on it. The EAA provides the statutory authority for export controls on sensitive dual-use goods and technologies: items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological, and chemical weaponry. The Department of Energy also reviews dual-use license applications referred by BIS for nuclear uses and nuclear end-users, and it and the Nuclear Regulatory Commission license exportation of nuclear materials. Controls on sales of agricultural products and medicines have been further amended by the Trade Sanctions Reform and Export Enhancement Act of 2000 (Title IX, P.L. While the 3-phase plan provides a blueprint for a transition to a new export control system, it leaves many questions unanswered. However, this has not always happened. 0000046437 00000 n The House Foreign Affairs Committee is also reportedly working to produce as comprehensive rewrite of the EAA. Congressional Record: September 4, 2001 (Senate) Page S9018-S9065 EXPORT ADMINISTRATION ACT OF 2001 The PRESIDING OFFICER. According to BIS, the proposal would streamline licensing for certain companies for whom exporters routinely request and receive licenses for the same product over time. During the Cold War, the formative period of the current export control regime, the military conducted considerably technical research on its own and provided funds for research and development. US Export Administration Regulations (EAR) - Microsoft Industry groups and some other observers have used the rapid rise in computing power as an illustration both of the uncontrollable nature of technology and the inability of the export control system to account for such innovation. Legislation was introduced that sought amend the enforcement and penalty structure of the Act (S. 2000, Dodd; H.R. China was the largest destination for controlled goods in FY2008 with 1,990 licenses approved with a value of $2.7 billion, approximately 3.7% of the value of total exports to China that year. The Export Administration Act: Controversies and Debates (2006) Be the first to write a review. An appeal may be made within five days by an appointee of the President and must state the statutory or regulatory basis for the appeal. On October 2, 2007, BIS announced the expansion of the VEU program to eligible companies in India, and General Electric India was named as the first eligible company on June 17, 2009.70, On October 19, 2007, BIS announced the first five VEU companies: Applied Materials China, National Semiconductor, Boeing Hexcel AVIC I Joint Venture, Semiconductor Manufacturing International Corporation (SMIC), and Shanghai Hua Hong NEC Corporation (HHNEC). [S. 737] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Export Administration SHORT TITLE Act of 1979. It would allow for the search, detention, and seizure of goods by Commerce in locations within the United States. Stealth design incorporates materials, shapes, and structures into a functional system to protect it against electronic detection. Controversies have arisen with regard to particular exports such as high performance computers, encryption technology, stealth materials, satellites, machine tools, "hot-section" aerospace technology, and the issue of "deemed exports." Wisconsin Project on Nuclear Arms Control v. U.S. Dep't of Commerce, 317 F.3d 275 (D.C.Cir. In addition to discrete items on the CCL, nearly all U.S.-origin commodities are "subject to the EAR." Others, including industry, have questioned the scope and efficacy of these new controls. In the process, foreign business wins new markets or gains an incentive to enter new markets.52, According to the industry position, unilateral export controls are also becoming increasingly unworkable as the economy undergoes globalization. %PDF-1.5 % U.S. national security controls, however, do not cover items that are covered under nuclear, chemical, biological or missile proliferation regimes, or to countries covered by anti-terrorism controls. Several principles and concepts have been common to the EAA and to efforts to renew and reauthorize the legislation. And as we said before, a particular law might be narrow in focus, making it both simple and sensible to move it wholesale into a particular slot in the Code. Export Administration Act means The Export Administration Act of 1979, as amended, and the executive orders, rules and regulations pursuant to the President s invocation of emergency powers under the International Emergency Economic Powers Act. The new licensing policy has two distinct components: the establishment of new military end-use controls for the PRC and a revised License Review Policy for national security controlled items destined for the PRC. H.R. There are many who see a need to revamp the act, whether to enhance exports, to shift the focus to current national security threats, or to increase penalties for violations. The United States Code is meant to be an organized, logical compilation of the laws passed by Congress. 4601 et seq.). GAO Report 08-1095, Export Controls: Challenges with Commerce's Validated End-User Program May Limit Its Ability to Ensure that Semiconductor Equipment Exported to China is Used as Intended, September 2008. They maintain that American-made computers are perceived as superior, and thus carry greater cachet than products from other nations. Sections 78a, 78m, 78dd-1, 78dd-2, 78dd-3, and 78ff, as amended, if applicable, or any similar law of the jurisdiction where the Property is located or where the Company or any of its Subsidiaries transacts business or any other jurisdiction, if applicable. The approved VEU application will be accompanied by a list of items that can be exported to the end-user, and this list can be expanded or contracted by the ERC. However, technology actually incorporated in commercial aircraft is regulated by the Department of Commerce and falls under a separate foreign policy-based control category. 2401-2420, the International Emergency Economic Powers Act, 50 U.S.C. April 1, 2003 Youre more than a vote, so support GovTrack today with a tip of any amount: Or keep using GovTrack for free! Its minimal reporting requirements mandate notification only that an item has been sold, thus preventing effective pre-export consultation among member states. According to their arguments, unilateral controls will not stop other countries from obtaining advanced technology. Munitions List. On August 13, 2009, President Obama announced the launch of a comprehensive review of the U.S. export control system to be conducted jointly by the National Security Council and the National Economic Council. Pub. The ACEP members review recommendations and information and vote on the application within 11 days of such an appeal. The US Department of Commerce enforces the Export Administration Regulations (EAR) through the Bureau of Industry and Security (BIS). A related argument made by industry is that national security is enhanced by robust export industries. Controls based on the end-use or end-user of an item (also known as catch-all controls) are also administered as foreign policy controls. They were introduced under the Enhanced Proliferation Control Initiative (EPCI) of 1991, and they are contained in Part 744 of the EAR. Some Members of Congress and most U.S. business representatives see a need to liberalize U.S. export regulations to allow American companies to engage more fully in international competition for sales of high-technology goods. It notes that there is no consensus among Wassenaar Arrangement countries on the proper limits of technology transfer to China. 106-180). Specifies the kinds of First, overlapping jurisdiction between the Commerce and State Departments with regard to certain dual-use products makes it unclear where the exporters need to apply for licenses. 0000013333 00000 n BIS conducted an overall systemic review of the CCL in 2007-8 and plans to review 1/3 of the CCL each year to create a three review cycle. S.737 - Export Administration Act of 1979 - Congress One then needs to determine either: which non-proliferation or other foreign policy goals are sufficiently important to offset possibly damaging American business, and possibly costing American jobs; or how large an economic benefit would justify risking important national security goals. The CCL is composed of ten categories of items: nuclear materials, facilities, and equipment; materials, organisms, microorganisms, and toxins; materials processing; electronics; computers; telecommunications and information security; lasers and sensors; navigation and avionics; marine; and propulsion systems, space vehicles, and related equipment. The Export Administration Act ( EAA) of 1979 ( P.L. On July 17, 1996, the bill was received by the Senate and referred to the Committee on Banking, Housing and Urban Affairs, which held a hearing but took no further action. Returns accepted. The collapse of the Soviet Union in 1989, an event some have partially attributed to the success of U.S. cold war export control policy, marked a dramatic change in the nature of the external threat the United States. He maintains that the restraint of computer trade is self-defeating because it cedes markets and profits that could be used for R&D.56, Increasing computing speeds combined with networking advances have blurred the distinction between super-computers and commodity computers. 0000014117 00000 n The Export Administration Act: Evolution, Provisions, and Debate. Bush extended existing export regulations by executive order, invoking emergency authority contained in the International Emergency Economic Powers Act (IEEPA).23 As required by IEEPA, the President first declared a national emergency "with respect to the unusual and extraordinary threat to the national security, foreign policy and economy of the United States" posed by the expiration of the act. The House International Relations Committee held hearings on EAA and export controls on May 23, June 12, and July 11, 2002. The military now purchases many items 'off-the-shelf' and relies to a greater extent on commercial applications. 0000013961 00000 n Some representatives of the business community have argued that U.S. export control policy toward China is too stringent. Pursuant to EAA, the goods and technology to be controlled for national security purposes are identified by the Secretary of Defense and other appropriate agencies. Were looking to learn more about who uses GovTrack and what features you find helpful or think could be improved. In 2004, the House version of NDAA 2005 (H.R. 33646). Required by the National Defense Authorization Act for FY1999, P.L. Within 11 days of such an appeal, the EARB must decide by majority vote on the disposition of the application. of Title 42 of the United States Code. On the other hand, legislation often contains bundles of topically unrelated provisions that collectively respond to a particular public need or problem. The EAA provides the statutory authority for export controls on sensitive dual-use goods and technologies: items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological, and chemical weaponry. Follow @govtrack on Twitter for posts about legislative activity and other information were tracking, and some commentary. Only S. 3445/H.R. "73, Controversy regarding the VEU has not abated. The issue of evasion of U.S. export controls through the diversion of sensitive goods through transhipment hubs remains of interest to the 111th Congress. Within the Department of Commerce, the Bureau of Industry and Security administers the license application process. Please help us make GovTrack better address the needs of educators by joining our advisory group. However, it is less clear whether legislative consent would be required to change the structure of one or both control lists, as is envisioned in Phase II. 105 0 obj<> endobj This committee was created to allow, Military Technology and Conventional Weapons Export Controls: The Wassenaar Arrangement, http://www.defense.gov//speeches/speech.aspx?speechid=1453, http://www.bis.doc.gov/news/2008/2008-fpr.pdf, Exempting Food and Agriculture Products from U.S. Economic Sanctions: Status and Implementation, http://www.bis.doc.gov/news/2009/bis_annual_report_08.pdf, Technology, Trade, and Security Issues Between the United States and the People's Republic of China: A Trip Report, August 1997, China: Possible Missile Technology Transfers Under U.S. Satellite Export PolicyActions and Chronology, http://www.commerce.gov/NewsRoom/PressReleases_FactSheets/PROD01_008103, http://www.bis.doc.gov/news/2009/bis_press01132009.htm, http://www.wisconsinproject.org/pubs/editorials/2009/markeyslamsnewrule-061009.htm, University of North Texas Libraries Government Documents Department. BIS Press Release, October 2, 2007, http://www.bis.doc.gov/10-02-07%20India%20VEU%20-%20FINAL.pdf; BIS Press Release, June 17, 2009, http://www.commerce.gov/NewsRoom/PressReleases_FactSheets/PROD01_008103. Sometimes they are a way of recognizing or honoring the sponsor or creator of a The 1979 Act restricted the export of goods or technology that could make a significant contribution to the military capabilities of any other country or groups of countries that would prove detrimental to the national security of the United States. EAA confers upon the President the power to control exports for national security, foreign policy or short supply purposes. Your note is for you and will not be shared with anyone. Despite our recommendations to do so, the two departments have not yet come together to resolve these jurisdictional disputes or develop new processes to improve coordination. On July 31, 2009, Representative Sherman introduced the Export Control Improvements Act (H.R. Originally this regulation applied to computers over 2,000 MTOPS. 0000012918 00000 n Country Category C designees would face stricter licensing requirements for products thought to have a high degree of diversion concern. Critics of industry's national security position reject this argument. The rule increases the amount of the value of the license exempted from the EUS requirement from $5,000 to $50,000 for most goods to the PRC. In a recent case, however, the U.S. Court of Appeals for the District of Columbia upheld the authority of the Commerce Department to withhold information on export license applications under the Freedom of Information Act exemption for matters specifically exempted from disclosure by statute, notwithstanding the lapse of the EAA. They fault the U.S. for having an overly rigorous licensing policy towards China, without noticeably pursuing a strategy to convince our allies to follow our lead.63, Proponents of tighter export restrictions note that America traditionally has taken the lead in export controls and non-proliferation efforts. s0 ,HY HO !RI}A#vQ\bNRiLaQ%r7 sA ~WLT)S7YQF In the 109th Congress, a bill to revise and extend the Export Administration Act was introduced by Representative Henry Hyde on December 16, 2005, and was referred to House International Relations Committee. The WT metric conversion notification was sent to Congress on February 3, 2006. 0000068188 00000 n According to an administration official, the legislation reflected "targeted changes that all sides can be supportive of. Export Administration Act of 1979. Federal Register :: Export Administration Regulations: L. 91-184, Dec. 30, 1969, 83 Stat. Sometimes they are a way of recognizing or honoring the sponsor or creator of a particular law (as with the 'Taft-Hartley Act'). However, it expands the EUS requirement to cover all license applications to the PRC reaching this threshold. The Bureau of Industry and Security (BIS) maintains an end-user list of entities requiring licenses subject to EPCI.14 Current regulations prescribe a presumption of denial for licenses to certain entities in Russia, China, Pakistan, India, and Israel and to foreign terrorist organizations as designated by the Secretary of State. 35-392, the District is prohibited from purchasing from a company that is in violation of the Export Administration Act. Congress passed the Export Administration Act of 1969 to replace the near-embargo characteristic of the Export Control Act of 1949. If the government of a country is directly involved with such transhipments, reexportations, or diversions, then the country would be listed forthwith as a country of diversion concern. !EQhw, rLIf4iEL.9%( lxM"qh^@b1!hlX ~,! See GAO Report 02-996, Export Controls: Processes for Determining Proper Control of Defense Related Items Need Improvement, September 2002. Stealth related commodities are sensitive from an export control perspective because some materials and processes involved have civil applications that make it difficult to control dissemination and retain U.S. leadership in this technology. These concerns are not mutually exclusive, and thus it is often difficult to characterize opposing camps. Export Laws means all applicable import, export control and sanctions, including but without limitation, the laws of the United States, the EU, and Germany. Similarly, as one non-proliferation advocate testified regarding EAA legislation in the 106th Congress, the foreign availability criterion would allow the sale of "anything a controlled country can purchase from a rogue buyer."55. The EAA, which originally expired in 1989, periodically has been reauthorized for short periods of time, with the last incremental extension expiring in August 2001. "Amendment to the International Traffic in Arms Regulations: the United States Munitions List: Category VIII," Federal Register, August 14, 2008, p.47,523. Section 8(a) of the U.S. The WA was created in 1996 and is the successor organization to the Coordinated Committee (CoCom), the Cold War era dual-use control regime that ended in 1994. China Ministry of Commerce, Announcement #60, 2007, September 11, 2007. http://english.mofcom.gov.cn/aarticle/policyrelease/domesticpolicy/200709/20070905091778.html; The Export Practitioner, October 2007, p. 27. The Board may also invite the heads of other agencies to participate as appropriate. Rep. Markey Slams New Export Rule Favoring Chinese Company, June 10, 2009. http://www.wisconsinproject.org/pubs/editorials/2009/markeyslamsnewrule-061009.htm, The Export Administration Act: Evolution, Provisions, and Debate, The Evolution of the Export Administration Act, Analysis of Provisions in EAA Legislation, The Control List and Licensing Procedures, Competing Perspectives in the Export Control Debate, Foreign Availability and the Controllability of Technology, The Effectiveness of Multilateral Regimes, The Licensing Process and Organization of the Export Control System, Technology and Research Advisory Committee (ETRAC) was created in September 2008. Both industry spokesmen and advocates of heightened export controls agree that the multilateral controls need to be strengthened. The Commission also recommended streamlining certain terminology in the deemed export regulations and the establishment of an outside panel of experts to conduct an annual "sunset" review of technologies on the Commerce Control List.49. The placing of the proposed licensing agency, either within an existing Department such as Commerce, State, Defense, or Homeland Security, or as an independent entity, also has not been determined; each choice would doubtless claim proponents and detractors. Controversial exports have included telecommunications and advanced electronic equipment, precision machine tools (especially computer assisted machines), guidance technology (including Global Positioning System technology), aerospace and jet engine technology, synthetic materials (especially high-strength, light-weight, heat- and corrosion-resistant materials), specialized manufacturing and testing equipment (including mixers, high temperature ovens, heat and vibration simulators). Subsequently, this technology was used against Kuwait and allied forces in the Persian Gulf War. Hearings were held on this legislation by the Senate Banking Housing and Urban Affairs Committee in February 2001, and the measure was reported favorably for consideration by the Senate by a vote of 19-1 on March 22, 2001 (S.Rept. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. The Export Administration Act: Evolution, Provisions, and Debate Under the new rule, BIS will require a license for the export, reexport, or in country transfer of these items if the exporter knows, has reason to know, or is informed by BIS that the item is or may be intended for military end-uses in the PRC. This list currently includes Albania, Armenia, Azerbaijan, Belarus, Cambodia, China (PRC), Georgia, Iraq, Kazakhstan, Kyrgyzstan, Laos, Macau, Moldova, Mongolia, North Korea, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam. 50 U.S.C. Coincident with the establishment of the post-war U.S. export control regime was the establishment of a multilateral counterpart involving our NATO allies. Industry argues that it is in the national security to sell current technology to generate funds to develop future technology. Why can't these popular names easily be found in the US Code? Exports are restricted by item, country, and recipient entity. According to the White House fact sheet, implementing the harmonization and tiering of the control lists would "achieve a significant license requirement reduction." A principal theme in debates on export administration legislation is the tension between commercial and national security concerns. If the Secretary makes a foreign availability determination, the item must be decontrolled, although the President can overturn that decision with a determination that decontrolling such items would be detrimental to the national security of the United States. Controls On The Export And Re-export U.S. Export Regulations - International Trade Administration On July 31, 2009, Representative Sherman introduced the Export Control Improvements Act (H.R. Although the United States has been urging countries such as Russia, Kazakhstan, Ukraine, and China to strengthen their export control laws and implementing regulations, goes the argument, U.S. export controls laws have expired and U.S. credibility is diminished by its lack of a statute. Exports of technology, know-how, and non-encryption source code is "deemed" to have been exported when it is released to a foreign national within the United States. An Overview of the Export Administration Regulations In each of these instances the rationale for control was the necessity of not giving aid and comfort to the nation's enemies. 0000095340 00000 n It would also direct the Secretary of Commerce to publish and update best practices guidelines for effective export control compliance programs. At its top level, it divides the world of legislation into fifty topically-organized Titles, and each Title is further subdivided into any number of logical subtopics. The CCL currently provides detailed specifications about dual-use items including equipment, materials, software, and technology (including data and know-how) likely requiring some type of export license from the Commerce Department's Bureau of Industry and Security (BIS). The necessity for consensus, critics charge, results in a level of control acceptable to all. The factsheet also foresees that certain items would be moved from the munitions list to the dual-use list, for which congressional notification is required, unilateral controls on certain items would be examined, and consultations would take place with multilateral control regimes partners to add or remove multilateral controls on certain items. GAO Report 08-710T, Export Controls: State and Commerce Have Not Taken Basic Steps to Better Ensure U.S. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. Mass market status was defined to apply to items produced or made available for sale in large volume or to multiple buyers. The Export Administration Act (EAA) of 1979 (P.L. Export Administration Act of 1979 - Sets forth the export control policies of the United States, including the policy that the United States shall: (1) cooperate with nations with which the United Legislation to rewrite the Export Administration Act has been introduced in the last several Congresses. The dispute resolution process begins with the OC. Legislation in the United States that gave the president the authority to control exports to other countries when national security and/or short supply demand it. Export controls under the EAA were based on strategic relationships, threats to U.S. national security, international business practices, and commercial technologies many of which have changed dramatically in the last 20 years. The benchmark was raised over the years to 190,000 MTOPS and has now been replaced by a new metric, weighted teraflops (WT) (see "High Performance Computers (HPCs)," above). The Export Administration Act (EAA) of 1979 (P.L. :M`pk )cqv/ !LQag^]- An explicit appeal procedure is specified in the EAR. The 111th Congress may consider legislation to renew, modify, or reauthorize the Export Administration Act (EAA). It reports that in 1993 over 11,000 (42% of total license applications that year) were for computer assemblies and hardware; by 2003, that number had dropped to 14 license applications for the category that year. This section requires that a PSV be made for computers destined for computers controlled to tier III destinations, including China, Russia, India, Pakistan, Israel and other nations in areas of regional instability.59 Lawmakers have been especially concerned with exports of HPCs to the People's Republic of China. Through the EAA, Congress delegates to the executive branch its express constitutional authority to regulate foreign commerce by controlling exports. 0000001717 00000 n 3515), co-sponsored by Representative Manzullo and Representative A. Smith, that contains provisions on export controls enforcement, integration of export control data in the AES, and diversion control. As a result, often the law will not be found in one place neatly identified by its popular name.
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