export administration act

Hackers/journalists/researchers: See these open data sources. At others times, including 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)(P.L. 106-945, Sec. 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. H.R. [ y Other observers believe the United States can restrict access to the highest computer technology by limiting exports. 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. However, it expands the EUS requirement to cover all license applications to the PRC reaching this threshold. Nor has the agency developed criteria for selecting candidates for on-sites, or the procedures for conducting the on-site review itself, according to GAO. 106-180). (37 CFR part 5). 12730, 55 Federal Register 40373 (1990). 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. See H.Rept. 55), which was identical to S. 149, but no action was taken on it. 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. Under the proposal, the new export control system would debut in Phase III. of Title 42 of the United States Code. 95-459 at 13. r1EGp$s@q5#i,)4FXr1GpHbZr1Fs 6828). This act im-plicitly treated the ability to export as a right to be infringed only under explicit limited cir-cumstances, and all language implying that trade restrictions might be used to promote economic warfare was deleted. But this is not normally the case, and often different provisions of the law will logically belong in different, scattered locations in the Code. L. 97145, 1, Dec. 29, 1981, 95 Stat. 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. Reliance on the civilian sector for R&D, they claim, is a policy decision brought about by declining defense budgets in the 1990s. The continued shift of policy toward less restrictive export controls continued in the renewal of the act in 1974 and 1977. For example, nearly everyone favors reform of the current system, yet no one considers themselves opposed to national security. means the suite of federal regulations concerning export control, including but not limited to 31 CFR 500-599 (Foreign Assets Control Regulations), 15 CFR 730-774 (Export Administration Regulations) and 22 This means that any product "subject to the EAR" may be restricted to a destination based on the end-use or end-user of the product. Why can't these popular names easily be found in the US Code? 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. HPSCI held hearings on the legislation but did not alter it. In debates on export administration legislation, parties often fall into two camps: those who primarily want to liberalize controls in order to promote exports, and those who believe that further liberalization may compromise national security goals. Since then, export control authority has again been operating under IEEPA provisions pursuant to Executive Order 13222, issued August 17, 2001.3. Stealth technology falls into two categories. The Act expired in 1994 but its regulations have been renewed by executive order every year since. 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. On July 31, 2009, Representative Sherman introduced the Export Control Improvements Act (H.R. Each group has formulated a common control list and member nations control the exports of those goods under their own national laws, a policy know as national discretion. The list "Country Group D-1" presently serves as the list of controlled countries.8 Licenses for items controlled for national security purposes are reviewed on a case-by-case basis and are approved if it is determined the item is destined for civilian use or would not make a significant contribution to the military potential of the country of destination.9. 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. 76-703, "An Act to Expedite and Strengthen the National Defense." 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. Data Protection Laws and Regulations means all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data under the Agreement. It was not a comprehensive overhaul of 1979 EAA, but rather one that addressed penalties, enforcement, and the relation of the United States to multilateral control regimes. Sometimes they are a way of recognizing or honoring the sponsor or creator of a particular law (as with the 'Taft-Hartley Act'). In debates on export administration legislation, parties often fall into two camps: those who primarily want to liberalize controls in order to promote exports, and those who believe that further liberalization may compromise national security goals. 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. 108-767) signed by the President on October 28, 2004. PREPARED Act would require zoos, commercial breeders, animal research facilities maintain, Strained Partnership Act would remove all US troops from Saudi Arabia, after the countrys recent, Ahead of midterm election with likely low youth turnout, High School Voter Empowerment Act aims to. 96-72) provided legal authority to the President to control U.S. exports for reasons of national security, foreign policy, and/or short If the item in question can be shown to be readily available from a non-U.S. source in sufficient quantity and of comparable quality then a license denial may, in some cases, be reversed. "Wassenaar Arrangement Technical Note on 'Adjusted Peak Performance'" in The Export Practicioner, January 2006, p. 22. 257 0 obj << /Linearized 1 /O 259 /H [ 684 627 ] /L 344550 /E 4952 /N 18 /T 339291 >> endobj xref 257 12 0000000016 00000 n 0000000591 00000 n 0000001311 00000 n 0000001520 00000 n 0000001845 00000 n 0000001867 00000 n 0000002969 00000 n 0000003251 00000 n 0000004361 00000 n 0000004652 00000 n 0000000684 00000 n 0000001289 00000 n trailer << /Size 269 /Info 248 0 R /Root 258 0 R /Prev 339280 /ID[<0bac9b7d02e912af374cf79483affb4c><0bac9b7d02e912af374cf79483affb4c>] >> startxref 0 %%EOF 258 0 obj << /Pages 249 0 R /Type /Catalog /Outlines 247 0 R /Search 256 0 R >> endobj 267 0 obj << /S 393 /O 484 /Filter /FlateDecode /Length 268 0 R >> stream Some observers contend that the Wassenaar Arrangement, in particular, is ineffective because it relies on consensus of member states. In case of review by another agency, the reviewing agency must request any additional information from the Secretary within 10 days. /B@L;$9y (""Ob| 7 A D@A@7 cA1@8l"69a9xj5Il1@]4yp2Qpd5Qs:$PA8!)Yl941,sac x8GAm4'3t4T[~2.CAmqv The WA dual-use control list is generally consistent with U.S. CCL items subject to national security controls. The provision is in response to a March 2004 DOD study, which noted that several MCTL technologies were not controlled under the EAR or the International Traffic in Arms Regulations (ITAR). While the full scope of this review has yet to be released, Defense Secretary Robert M. Gates announced key elements of the administration's agenda for reform of the export control system in a speech on April 20, 2010.6 In order to replace what he referred to as a "byzantine amalgam of authorities, roles, and missions scattered around different parts of the federal government," Secretary Gates proposed a 4-pronged approach that would create a single export control licensing agency for both dual-use and munitions exports, adopt a unified control list, create a single integrated information technology system, which would include a single database of sanctioned and denied parties, and would establish a single enforcement coordination agency. Catch-all controls require a license for export or reexport of any item, not just specifically controlled items, if the applicant knows or is informed by BIS that item will be used for nuclear, missile, chemical or biological proliferation activities. 105-303. (Of course, this isn't always the case; some legislation deals with a fairly narrow range of related concerns.). However, some advocates have maintained that because the computing capabilities of HPCs have advanced so rapidly, and due to the foreign availability of models comparable to some of those produced in the United States, export restrictions of HPCs are neither practical or enforceable. Wisconsin Project on Nuclear Arms Control, "In China We Trust? Hamre, John, Testimony before the Armed Services Committee, February 28, 2000, transcript, p. 31-33. 81-11) was a formal recognition of the new security threat and of the need for an extensive peacetime export control system. April 1, 2003 During the Clinton Administration, HPC export thresholdsor the amount of MTOPS capability that an HPC would need to require a licensewere raised several times. Now what? Beginning with the George H.W. Generally, however, many who favor reform of the current export control accept the business perspective that such reform would assist U.S. business to compete in the global marketplace. Export Administration Act of 1979. The rule sets up an applications process by which an end-user can be nominated for the program. Items controlled for crime control or missile technology by the EAR do not qualify for export under this program due to statutory reasons. In October 1998, Congress returned the authority, effective March 15, 1999, to license exports of commercial communications satellites to the Department of State which had traditionally licensed missile technology exports.39 The satellite industry claims that this transfer has led to licensing delays and lost sales resulting from regulatory uncertainty, and they have lobbied to reverse export controls to Commerce.40 Satellites launched for commercial communication purposes may contain embedded sensitive technology such as positioning thrusters, signal encryption, mating and separation mechanisms, and multiple satellite/reentry vehicle systems. This category covers manufacturing technology such as lathes and other manufacturing equipment used to produce parts for missiles, aircraft engines and arms. Legislation to rewrite and reauthorize the Export Administration Act of 1979 (EAA)(P.L. BIS Press Release, January 13, 2009. 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. Youve cast your vote. An explicit appeal procedure is specified in the EAR. 0000001888 00000 n %PDF-1.5 % Perhaps as a means to goad the UAE into action on export controls, the BIS proposed in February 2007 the creation of a 'Country Category C', which would be made up of countries of diversion concern. 0000014117 00000 n The title on export enforcement is notable in that it does not amend the enforcement section of the expired EAA (Sec.12) and bring that section solely back in force as did H.R. 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." The United States Code is meant to be an organized, logical compilation of the laws passed by Congress. NOTE: Penalties associated with violations of the Export Administration Regulations presently fall under the purview of IEEPA, pending reauthorization of the Export Administration Act (EAA). EAA confers upon the President the power to control exports for national security, foreign policy or short supply purposes. The 111th Congress may consider legislation to renew, modify, or reauthorize the Export Administration Act (EAA). The WT metric conversion notification was sent to Congress on February 3, 2006. GAO Report 02-468T, Export Controls: Issues to Consider in Authorizing a New Export Administration Act, February 28, 2002, p. 7. The DEAC recommendations were highly criticized by industry representatives and the research community with one group summing up the proposals as "unadministerable for the government and difficult-to-impossible to comply with for industry. 0000010159 00000 n However, this has not always happened. 6828), and to target countries of diversion concern (S. 3445, Dodd/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. 7112, Berman; H.R. Yet, to do this requires consensus on which goods and which countries represent a threat. "BIS Narrowly Eases Some Thermal Imaging Camera Export Controls," Inside U.S. Trade, May 29, 2009; "BIS Easing Requirements for Uncooled Thermal Imaging Cameras," Export Practitioner, May 2009. See Exec. [http://www.bis.doc.gov/news/2009/bis_press01132009.htm] . With the concurrence of the Secretary of Homeland Security, the bill would authorize search, detention, and seizures at U.S. ports of entry or exit and overseas. The export control dilemma in this context becomes clear. Hence in their view, an export control strategy pegged solely on the policies of other nations, negotiated by consensus, is ineffectual and harmful to national security.64. In addition, the Emerging Technology and Research Advisory Committee (ETRAC) was created in September 2008. Under the commodity classification process, the exporter requests from BIS a classification for an export item if that item does not correspond to an existing CCL listing. The police power of enforcement agents lapsed with the EAA. GAmMAa8TOT|0-RNl3zPCGj*Jck'irfSnH& TAqj8h64@&0aCRE3P(j`F !8"V0'"eES#}Le~6(.zOeq ,rj7Bl0IzqFSKz GjOq]?G[d,xZzi#(nPhl. Since the 1949 Act, U.S. dual-use export controls have restricted certain items based on national security, foreign policy, or for the effect of domestic exports on the national economy. Legislation to rewrite the Export Administration Act has been introduced in the last several Congresses. From these different perspectives, controversies arise regarding the controllability of technology, the effectiveness of multilateral regimes, the bureaucratic structure of the licensing process and the impact of export controls on the U.S. economy. Commerce was criticized by the General Accounting Office (GAO) for the low number of classifications the agency referred and the lack of criteria for referring classification requests to State and Defense.17 In a follow-up report, GAO found that out of 5,370 commodity classification requests processed in 2005, only 10 were referred to State and Defense, and that the development of renewed referral criteria with State and Defense had not been undertaken.18 In 2008 GAO reiterated, Such jurisdictional disagreements and problems are often the result of minimal or ineffective coordination between the two departments and the departments' differing interpretations of the regulations. 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. 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. In the first phase, preparatory work would be undertaken to harmonize the Commerce Control List (CCL) with the U.S. Our Table of Popular Names is organized alphabetically by popular name. But this is not normally the case, and often different provisions of the law will logically belong in different, scattered locations in the Code. They argue that efforts to strengthen CoCom's successor regime, the Wassenaar Arrangement, cannot succeed if Washington itself is loosening export restrictions. No comprehensive legislation to rewrite or reauthorized the EAA was introduced in the 110th Congress. These concerns are not mutually exclusive, and thus it is often difficult to characterize opposing camps. 0000015338 00000 n Nov 7, 2022, The bills sponsors want no more American fist bumps with the Saudis, whether literal or metaphorical. However, the license application is subject to several actions that can 'stop the clock' on the license application. "Amendment to the International Traffic in Arms Regulations: the United States Munitions List: Category VIII," Federal Register, August 14, 2008, p.47,523. It then highlights several controlled commodities that have been featured prominently in export control discussions. Munitions List. Wisconsin Project on Nuclear Arms Control v. U.S. Dep't of Commerce, 317 F.3d 275 (D.C.Cir. Finally, there is no opportunity for judicial review of licensing decisions. 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.

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