IEEPA-based controls were later terminated during two temporary EAA extensions enacted in 1993 and 1994 as Congress attempted to craft new export control legislation.24 After the second extension expired in August of 1994, President Clinton reimposed controls under IEEPA.25 During this period, a major restructuring and reorganization of export control regulations was published as an interim rule in the March 23, 1996 Federal Register. Thereafter, export controls were continued for six years under the authority of Executive Order No. 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. For a summary of changes to HPC controls, see Bureau of Industry and Security, "High Performance Computer Export Controls," http://www.bis.doc.gov/HPCs/Default.htm. Some groups adhere to a "no undercut" provisionthat is, a member state will not license the sale of an item in which a license has been denied by another state. Bank Secrecy Act means the Bank Secrecy Act of 1970, as amended. United States person means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as provided under the Export Administration Act of 1979, as amended. The Defense Technology Security Agency in the Department of Defense conducts national security reviews for license applications referred from Commerce and State. Sl&2`^2WV{+/vj]C>4$2 P ljl: 782c8iw"#K#J#p@ c8"k(x+kJCQC=ap`1P* 2!]FJ}I; # #7CH+-0X9@4-OU3GcH7u39NK@\IIaFa#Q mPb8[ZvZ]dx-:F25{%\WU,52V4@=Uy%z9,jUce*`4UCl#C6p2IB$n!.%^ aRB_$pw8ji:kiw~#$::s}F8!e70. The draft legislation would grant investigative authority to "any department or agency exercising any function under the EAR" to conduct investigations in the United States, and with the Secretary of Commerce, any investigation outside the United States. Laws acquire popular names as they make their way through Congress. In the intervening time subsequent legislation may have amended or repealed the provisions below. 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. To this group, reform should be concerned less with the abilities of U.S. industry to export and more with effective controls placed on potential exports to countries that threaten the security of the United States, terrorists, violators of human rights, and proliferators of weapons of mass destruction. 1234, October 6, 2000. Why can't these popular names easily be found in the US Code? At other times and currently, the export licensing system created under the authority of EAA has been continued by the invocation of the International Emergency Economic Powers Act (IEEPA). A farm bill, for instance, might contain provisions that affect the tax status of farmers, their management of land or treatment of the environment, a system of price limits or supports, and so on. The final rule also revises the long-standing licensing policy for National Security controlled items destined for the PRC contained in the EAR, Part 742.4(b)(7). In the 110th Congress, several pieces of legislation were introduced that addressed various aspects of the current system, including penalties, enforcement, diversion or transhipment of goods, and the integration of export control data into the Automated Export System. 96-72) provided legal authority to the President to control U.S. exports for reasons of national security, foreign policy, The final rule is composed of three parts: a new licensing requirement for certain products for military end-use in China, a validated end-user (VEU) program, and a requirement to obtain an end-user statement for certain licensed products. A GAO study of September 200874 recommended the suspension of the VEU program with China because BIS has not been able to reach a VEU-specific inspection agreement with China for conducting on-site reviews of validated end-users. the exclusion from practice; and/or. The Defense Science Board noted that the ability to cluster commodity computers in order to multiply computing power erodes the ability to restrict access to high-performance computing, even if high-performance stand-alone machines can be controlled.57. "Keys" are needed to unlock or decode the message. 55), which was identical to S. 149, but no action was taken on it. On August 3, 2007, Senator Dodd introduced the Export Enforcement Act of 2007 (S. 2000), which was referred to the Senate Banking Committee. A D@A@7 cA1@8l"69a9xj5Il1@]4yp2Qpd5Qs:$PA8!)Yl941,sac x8GAm4'3t4T[~2.CAmqv As stand-alone items, these technologies are controlled under the U.S. 4200) contained two export control-related provisions that would have affected dual-use export controls. Not all items on the CCL are eligible for export under this program. Join 10 million other Americans using GovTrack to learn about and contact your representative and senators and track what Congress is doing each day. GAO Report 02-468T, Export Controls: Issues to Consider in Authorizing a New Export Administration Act, February 28, 2002, p. 7. As one industry spokesman has testified: "The result has been that the Chinese are denied nothing in terms of high technology, but U.S. firms have lost out in a crucial market. 0000010159 00000 n The House NDAA report (H.Rept. While it is widely agreed that exports of some goods and technologies can adversely affect U.S. national security and foreign policy, some believe that current export controls can be detrimental to U.S. businesses and to the U.S. economy. H 7 Statutes at Large, Visit us on Twitter The use of IEEPA authorities to extend expired export controls was anticipated by Congress in the legislative history of IEEPA. The 111th Congress may consider legislation to renew, modify, or Occupational Health and Safety Act means the Occupational Health and Safety Act, 1993 (Act No 85 of 1993); Federal Aviation Act means that portion of the United States Code comprising those provisions formerly referred to as the Federal Aviation Act of 1958, as amended, or any subsequent legislation that amends, supplements or supersedes such provisions. It is usually found in the Note section attached to a relevant section of the Code, usually under a paragraph identified as the "Short Title". Currently, these items are controlled primarily for anti-terrorism reasons, thus a license is required only for exports to countries determined to be state sponsors of terrorism (Cuba, Iran, North Korea, Sudan, Syria). 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. During debates on EAA legislation in the 106th Congress, several senators raised concerns about the possible decontrol of this technology and sought a "carve-out" of hot section and other sensitive technologies that would prevent such items from being decontrolled.43. The greatest number of approved license applications for one commodity to all destinations in FY2008 was for chemical manufacturing facilities and equipment, accounting for 2,212 applications with a value of $294 million.16. Cuba, Iran, Iraq, Libya, North Korea, and Sudan. On June 19, 2007, BIS published the final rule entitled "Revisions and Clarification of Export and Re-export Controls for the People's Republic of China" (72 Fed. 1701-1706, the Trading with the Enemy Act, 50 U.S.C. Thus, the United States must take the lead in order to convince other nations to follow the U.S. example. 95-459 at 13. Concerns over the potential export of this material led the Department of State to reclassify certain stealth-related technology as munitions in the 1990s.37. 105-261. For more information on technology transfers to China, see CRS Report 98-485, China: Possible Missile Technology Transfers Under U.S. Satellite Export PolicyActions and Chronology, by [author name scrubbed]. In such case, the President is directed to enter negotiations with multilateral control partners to eliminate the availability in question. GovTrack.us is not a government website. The large amount of critical technology being transferred from the United States to the NATO allies, and the growing capability for technological development by the allies themselves required the establishment of a multilateral control regime. Unlike CoCom, however, these organizations do not perform a review function prior to the grant of a national export license. Now that situation is largely reversed. Congress has not been able to agree on measures to reform the Export Administration Act that regularly have been introduced since the 101st Congress. endstream endobj 106 0 obj<> endobj 108 0 obj<> endobj 109 0 obj<>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 110 0 obj[/ICCBased 130 0 R] endobj 111 0 obj<> endobj 112 0 obj<>stream 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. It is usually found in the Note section attached to a relevant section of the Code, usually under a paragraph identified as the "Short Title". The Board may also invite the heads of other agencies to participate as appropriate. 1 et. In 1998, the Cox Committee found that U.S. satellite manufacturers provided missile design information and skills to China through the improper transfer of launch failure analysis.38 Exports of satellites were licensed by the Department of Commerce from late 1996 until March 1999.