US (United States) Code. Title 50. Appendix

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # War and National Defense

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 242 páginas
publicidad
publicidad

-HEAD-

Secs. 2213 to 2216. Omitted

-COD-

CODIFICATION

Sections 2213 to 2216 terminated July 1, 1973, pursuant to

section 2216 of this Appendix.

Section 2213, act Sept. 8, 1950, ch. 922, Sec. 13, 64 Stat. 797,

related to erroneous payments under Servicemen's Dependents Act of

1942.

Section 2213a, act Sept. 8, 1950, ch. 922, Sec. 13a, as added

July 24, 1956, ch. 697, 70 Stat. 634, provided penalty for

fraudulent acceptance of benefits.

Section 2214, act Sept. 8, 1950, ch. 922, Sec. 14, 64 Stat. 797,

provided for discharge for hardship. See section 1173 of Title 10,

Armed Forces.

Section 2215, act Sept. 8, 1950, ch. 922, Sec. 15, 64 Stat. 797,

related to effective date of act Sept. 8, 1950, ch. 922.

Section 2216, acts Sept. 8, 1950, ch. 922, Sec. 16, 64 Stat. 797;

Mar. 23, 1953, ch. 8, 67 Stat. 6; June 30, 1955, ch. 250, title I,

Sec. 103, 69 Stat. 224; Mar. 23, 1959, Pub. L. 86-4, Sec. 3, 73

Stat. 13; Mar. 28, 1963, Pub. L. 82-2, Sec. 3, 77 Stat. 4; June 30,

1967, Pub. L. 90-40, Sec. 3, 81 Stat. 105; Sept. 28, 1971, Pub. L.

92-129, title I, Sec. 105, 85 Stat. 355, provided for termination

on July 1, 1973, of sections 2201 to 2209 and 2213 to 2216 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX CIVIL DEFENSE 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

-HEAD-

CIVIL DEFENSE

-End-

-CITE-

50 USC APPENDIX ACT JAN. 12, 1951, CH. 1228, 64

STAT. 1245 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

-HEAD-

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

-MISC1-

TITLE I - GENERAL PROVISIONS

Sec.

2251 to 2264. Repealed.

TITLE II - ORGANIZATION OF ADMINISTRATION

2271, 2272. Repealed.

TITLE III - POWERS AND DUTIES

2281 to 2284. Repealed.

2285. Real property transactions.

(a) Reports to the Armed Services Committees.

(b) Annual reports to Armed Services Committees.

(c) Real property governed by this section.

(d) Recital of compliance in instrument of

conveyance as conclusive.

2286 to 2289. Repealed.

TITLE IV - EMERGENCY AUTHORITY

2291 to 2297. Repealed.

TITLE V - IMPROVED CIVIL DEFENSE PROGRAM

2301 to 2303. Repealed.

-End-

-CITE-

50 USC APPENDIX TITLE I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

TITLE I - GENERAL PROVISIONS

-HEAD-

TITLE I - GENERAL PROVISIONS

-End-

-CITE-

50 USC APPENDIX Secs. 2251 to 2264 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

TITLE I - GENERAL PROVISIONS

-HEAD-

Secs. 2251 to 2264. Repealed. Pub. L. 103-337, div. C, title XXXIV,

Sec. 3412(a), (b)(2), Oct. 5, 1994, 108 Stat. 3111

-MISC1-

Section 2251, acts Jan. 12, 1951, ch. 1228, Sec. 2, 64 Stat.

1246; Aug. 8, 1958, Pub. L. 85-606, Sec. 2, 72 Stat. 532; July 14,

1976, Pub. L. 94-361, title VIII, Sec. 804(a), 90 Stat. 931; Dec.

1, 1981, Pub. L. 97-86, title VIII, Sec. 803(b), 95 Stat. 1112;

Nov. 30, 1993, Pub. L. 103-160, div. C, title XXXIV, Sec. 3402(a),

107 Stat. 1962, provided that the purpose of sections 2251 to 2303

of this Appendix was to provide a system of civil defense. See

section 5195 of Title 42, The Public Health and Welfare.

Section 2252, acts Jan. 12, 1951, ch. 1228, Sec. 3, 64 Stat.

1246; Dec. 1, 1981, Pub. L. 97-86, title VIII, Sec. 803(c), 95

Stat. 1112; Nov. 30, 1993, Pub. L. 103-160, div. C, title XXXIV,

Sec. 3402(b), (f)(2), 107 Stat. 1963, 1964, defined terms used in

sections 2251 to 2303 of this Appendix. See section 5195a of Title

42.

Section 2253, acts Jan. 12, 1951, ch. 1228, title IV, Sec. 401,

64 Stat. 1254; June 28, 1955, ch. 189, Sec. 12(c)(2), 69 Stat. 180;

Aug. 8, 1958, Pub. L. 85-606, Sec. 5, 72 Stat. 534; Aug. 19, 1964,

Pub. L. 88-448, title IV, Sec. 402(a)(30), 78 Stat. 494, related to

powers and duties of Administrator in carrying out sections 2251 to

2303 of this Appendix. See section 5197 of Title 42.

Section 2254, act Jan. 12, 1951, ch. 1228, title IV, Sec. 402, 64

Stat. 1255, related to exemption from certain employment

restrictions.

Section 2255, acts Jan. 12, 1951, ch. 1228, title IV, Sec. 403,

64 Stat. 1255; Mar. 5, 1952, ch. 78, Sec. 1(b), 66 Stat. 13,

directed Administrator to establish security restrictions with

respect to access to information and property and provided for

employee loyalty oaths. See section 5197a of Title 42.

Section 2256, act Jan. 12, 1951, ch. 1228, title IV, Sec. 404, 64

Stat. 1256, related to transfer of functions, property, and

personnel of Civil Defense Administration to Administration

established by sections 2251 to 2303 of this Appendix.

Section 2257, act Jan. 12, 1951, ch. 1228, title IV, Sec. 405, 64

Stat. 1256, related to utilization by Administrator of existing

facilities. See section 5197b of Title 42.

Section 2258, act Jan. 12, 1951, ch. 1228, title IV, Sec. 406, 64

Stat. 1256, directed Administrator to submit annual reports to

Congress and the President. See section 5197c of Title 42.

Section 2259, act Jan. 12, 1951, ch. 1228, title IV, Sec. 407, 64

Stat. 1256, related to applicability of sections 2251 to 2303 of

this Appendix. See section 5197d of Title 42.

Section 2260, acts Jan. 12, 1951, ch. 1228, title IV, Sec. 408,

64 Stat. 1257; Aug. 8, 1958, Pub. L. 85-606, Sec. 6, 72 Stat. 534;

Aug. 2, 1972, Pub. L. 92-360, Sec. 1(2), 86 Stat. 503; July 14,

1976, Pub. L. 94-361, title VIII, Sec. 804(b), 90 Stat. 931; Nov.

9, 1979, Pub. L. 96-107, title VII, Sec. 702, 93 Stat. 810; Dec. 1,

1981, Pub. L. 97-86, title VIII, Sec. 802, 95 Stat. 1111; Oct. 19,

1984, Pub. L. 98-525, title VIII, Sec. 802, 98 Stat. 2572, related

to appropriations and transfers of funds. See section 5197e of

Title 42.

Section 2261, act Jan. 12, 1951, ch. 1228, title IV, Sec. 409, 64

Stat. 1257, related to loans from Reconstruction Finance

Corporation for civil defense projects.

Section 2262, act Jan. 12, 1951, ch. 1228, title IV, Sec. 410, 64

Stat. 1257, related to effect of sections 2251 to 2303 of this

Appendix on Atomic Energy Act of 1946. See section 5197f of Title

42.

Section 2263, act Jan. 12, 1951, ch. 1228, title IV, Sec. 411, 64

Stat. 1257, related to investigations of espionage, sabotage, and

subversive acts. See section 5197g of Title 42.

Section 2264, act June 2, 1951, ch. 121, Ch. XI, 65 Stat. 61,

established a civil defense procurement fund.

SHORT TITLE

Section 1 of act Jan. 12, 1951, which provided that the act of

Jan. 12, 1951, enacting sections 2251 to 2297 of this Appendix, was

to be cited as the "Federal Civil Defense Act of 1950", prior to

repeal by Pub. L. 103-337, div. C, title XXXIV, Sec. 3412(a), Oct.

5, 1994, 108 Stat. 3111.

SEPARABILITY

Section 412 of act Jan. 12, 1951, provided for separability of

provisions for act of Jan. 12, 1951, prior to repeal by Pub. L.

103-337, div. C, title XXXIV, Sec. 3412(a), Oct. 5, 1994, 108 Stat.

3111.

APPLICABILITY OF REORGANIZATION PLAN NO. 1 OF 1958

Section 413 of act Jan. 12, 1951, as added by Pub. L. 85-606,

Sec. 7, provided that the applicability of Reorg. Plan No. 1 of

1958 (23 F.R. 4991) was to extend to any amendment of act Jan. 12,

1951, prior to repeal by Pub. L. 103-337, div. C, title XXXIV, Sec.

3412(a), Oct. 5, 1994, 108 Stat. 3111.

-End-

-CITE-

50 USC APPENDIX TITLE II - ORGANIZATION OF

ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

TITLE II - ORGANIZATION OF ADMINISTRATION

-HEAD-

TITLE II - ORGANIZATION OF ADMINISTRATION

-End-

-CITE-

50 USC APPENDIX Secs. 2271, 2272 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

TITLE II - ORGANIZATION OF ADMINISTRATION

-HEAD-

Secs. 2271, 2272. Repealed. Pub. L. 103-337, div. C, title XXXIV,

Sec. 3412(a), Oct. 5, 1994, 108 Stat. 3111

-MISC1-

Section 2271, act Jan. 12, 1951, ch. 1228, title I, Sec. 101, 64

Stat. 1247, related to establishment of Federal Civil Defense

Administration.

Section 2272, act Jan. 12, 1951, ch. 1228, title I, Sec. 102, 64

Stat. 1247, created the Civil Defense Advisory Council which was

abolished by section 3(a)(3) of Reorg. Plan No. 1 of 1973, eff.

July 1, 1973, 38 Stat. 9579, 87 Stat. 1089, set out as a note under

section 5195 of Title 42, The Public Health and Welfare.

-End-

-CITE-

50 USC APPENDIX TITLE III - POWERS AND DUTIES 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

TITLE III - POWERS AND DUTIES

-HEAD-

TITLE III - POWERS AND DUTIES

-End-

-CITE-

50 USC APPENDIX Secs. 2281 to 2284 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

TITLE III - POWERS AND DUTIES

-HEAD-

Secs. 2281 to 2284. Repealed. Pub. L. 103-337, div. C, title XXXIV,

Sec. 3412(a), Oct. 5, 1994, 108 Stat. 3111

-MISC1-

Section 2281, acts Jan. 12, 1951, ch. 1228, title II, Sec. 201,

64 Stat. 1248; Mar. 5, 1952, ch. 78, Sec. 1(a), 66 Stat. 13; June

25, 1952, ch. 461, 66 Stat. 158; Aug. 2, 1956, ch. 888, Sec. 1, 70

Stat. 949; Aug. 8, 1958, Pub. L. 85-606, Sec. 3(a)(1), (2), (b),

(c), 72 Stat. 532, 533; Oct. 4, 1961, Pub. L. 87-390, 75 Stat. 820;

June 30, 1964, Pub. L. 88-335, 78 Stat. 231; June 10, 1968, Pub. L.

90-336, 82 Stat. 175; Aug. 2, 1972, Pub. L. 92-360, Sec. 1(1), 86

Stat. 503; July 14, 1976, Pub. L. 94-361, title VIII, Sec. 804(c),

90 Stat. 932; Dec. 1, 1981, Pub. L. 97-86, title VIII, Sec. 803(d),

95 Stat. 1113; Nov. 30, 1993, Pub. L. 103-160, div. C, title XXXIV,

Sec. 3402(c)(1), 107 Stat. 1964, related to functions and powers of

Administrator. See section 5196 of Title 42, The Public Health and

Welfare.

Section 2282, act Jan. 12, 1951, ch. 1228, title II, Sec. 202, 64

Stat. 1251, defined "national defense" and "defense" for purposes

of former section 2081 of this Appendix. See section 5195a(b) of

Title 42.

Section 2283, act Jan. 12, 1951, ch. 1228, title II, Sec. 203, 64

Stat. 1251, related to mutual aid pacts between States and

neighboring countries. See section 5196a of Title 42.

Section 2284, act Jan. 12, 1951, ch. 1228, title II, Sec. 204, 64

Stat. 1251, related to insignia, arm bands, and other distinctive

articles to be worn or possessed by persons engaged in civil

defense activities.

-End-

-CITE-

50 USC APPENDIX Sec. 2285 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

TITLE III - POWERS AND DUTIES

-HEAD-

Sec. 2285. Real property transactions

-STATUTE-

(a) Reports to the Armed Services Committees

The Director of the Office of Civil and Defense Mobilization, or

his designee, may not enter into any of the following listed

transactions by or for the use of that agency until after the

expiration of thirty days from the date upon which a report of the

facts concerning the proposed transaction is submitted to the

Committees on Armed Services of the Senate and House of

Representatives:

(1) An acquisition of fee title to any real property, if the

estimated price is more than $50,000.

(2) A lease of any real property to the United States, if the

estimated annual rental is more than $50,000.

(3) A lease of real property owned by the United States, if the

estimated annual rental is more than $50,000.

(4) A transfer of real property owned by the United States to

another Federal agency or to a State, if the estimated value is

more than $50,000.

(5) A report of excess real property owned by the United States

to a disposal agency, if the estimated value is more than

$50,000.

If a transaction covered by clause (1) or (2) is part of a project,

the report must include a summarization of the general plan for

that project, including an estimate of the total cost of the lands

to be acquired or leases to be made.

(b) Annual reports to Armed Services Committees

The Director of the Office of Civil and Defense Mobilization

shall report annually to the Committees on Armed Services of the

Senate and the House of Representatives on transactions described

in subsection (a) that involve an estimated value of more than

$5,000 but not more than $50,000.

(c) Real property governed by this section

This section applies only to real property in the States of the

Union, the District of Columbia, and Puerto Rico. It does not apply

to real property for river and harbor projects or flood-control

projects, or to leases of Government-owned real property for

agricultural or grazing purposes.

(d) Recital of compliance in instrument of conveyance as conclusive

A statement in an instrument of conveyance, including a lease,

that the requirements of this section have been met, or that the

conveyance is not subject to this section, is conclusive.

-SOURCE-

(Aug. 10, 1956, ch. 1041, Sec. 43, 70A Stat. 636; Pub. L. 86-70,

Sec. 37, June 25, 1959, 73 Stat. 150; Pub. L. 86-500, title V, Sec.

512, June 8, 1960, 74 Stat. 187; Pub. L. 86-624, Sec. 38, June 12,

1960, 74 Stat. 421; Pub. L. 96-470, title II, Sec. 202(c), Oct. 19,

1980, 94 Stat. 2242.)

-COD-

CODIFICATION

Section was formerly classified to section 171x of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

Section was not enacted as a part of the Federal Civil Defense

Act of 1950 which formerly comprised sections 2251 to 2303 of this

Appendix.

-MISC1-

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-470 substituted "annually" for

"quarterly".

1960 - Subsec. (a). Pub. L. 86-500 substituted "Director of the

Office of Civil and Defense Mobilization" for "Administrator of the

Federal Civil Defense Administration", prohibited the Director from

entering into any of the transactions listed in subsec. (a) until

after the expiration of 30 days from the date upon which a report

of the facts concerning the proposed transaction is submitted to

the Committees on Armed Services of the Senate and House of

Representatives, and increased the amounts in cls. (1) to (5) from

$25,000 to $50,000.

Subsec. (b). Pub. L. 86-500 substituted "Director of the Office

of Civil and Defense Mobilization" for "Administrator" and

"$50,000" for "$25,000".

Subsec. (c). Pub. L. 86-624 substituted "States of the Union, the

District of Columbia" for "United States, Hawaii."

Pub. L. 86-500 struck out ", Hawaii," after "United States".

Subsec. (d). Pub. L. 86-500 reenacted subsection without change.

1959 - Subsec. (c). Pub. L. 86-70 struck out "Alaska," after

"United States,".

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (b) of this section is listed

as the 10th item on page 169), see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Federal Civil Defense Administration transferred to

President by section 1 of Reorg. Plan No. 1 of 1958, eff. July 1,

1958, 23 F.R. 4991, 72 Stat. 1799, as amended, set out as a note

under section 5195 of Title 42, The Public Health and Welfare. The

Plan created a new agency in Executive Office of President known as

Office of Defense and Civilian Mobilization.

Pub. L. 85-763, Aug. 26, 1958, 72 Stat. 861, amended Reorg. Plan

No. 1 of 1958 by redesignating Office of Defense and Civilian

Mobilization as Office of Civil and Defense Mobilization.

Pub. L. 87-296, Sept. 22, 1961, 75 Stat. 630, amended Reorg. Plan

No. 1 of 1958 by redesignating Office of Civil and Defense

Mobilization as Office of Emergency Planning.

Office of Emergency Planning renamed Office of Emergency

Preparedness pursuant to section 402 of Pub. L. 90-608, Oct. 21,

1968, 82 Stat. 1194, which provided that references to Office of

Emergency Planning after Oct. 21, 1968, should be deemed references

to Office of Emergency Preparedness.

Office of Emergency Preparedness, including offices of Director,

Deputy Director, Assistant Directors, and Regional Directors,

abolished and functions vested by law in Office of Emergency

Preparedness or Director of Office of Emergency Preparedness

transferred to President by sections 1 and 3(a)(1) of Reorg. Plan

No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089, set

out as a note under section 5195 of Title 42, The Public Health and

Welfare.

Functions vested in Director of Office of Emergency Preparedness

as of June 30, 1973, by Executive Order, proclamation, or other

directive issued by or on behalf of President or otherwise, with

certain exceptions, transferred to Administrator of General

Services, effective July 1, 1973, by Ex. Ord. No. 11725, Sec. 3,

eff. June 29, 1973, 38 F.R. 17175, formerly set out as a note under

section 2271 of this Appendix.

Functions of Administrator of Federal Civil Defense

Administration under this section, previously transferred to

President, delegated to Director of Federal Emergency Management

Agency by section 4-105 of Ex. Ord. No. 12148, July 20, 1979, 44

F.R. 43242, set out as a note under section 5195 of Title 42, The

Public Health and Welfare.

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

50 USC APPENDIX Sec. 2286 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

TITLE III - POWERS AND DUTIES

-HEAD-

Sec. 2286. Repealed. Pub. L. 103-337, div. C, title XXXIV, Sec.

3412(a), Oct. 5, 1994, 108 Stat. 3111

-MISC1-

Section, act Jan. 12, 1951, ch. 1228, title II, Sec. 205, as

added Aug. 8, 1958, Pub. L. 85-606, Sec. 4, 72 Stat. 533; amended

June 30, 1964, Pub. L. 88-335, 78 Stat. 231; June 10, 1968, Pub. L.

90-336, 82 Stat. 175; Aug. 2, 1972, Pub. L. 92-360, Sec. 1(1), 86

Stat. 503; July 14, 1976, Pub. L. 94-361, title VIII, Sec. 804(d),

90 Stat. 932; Dec. 1, 1981, Pub. L. 97-86, title VIII, Sec.

803(a)(2), (e), 95 Stat. 1112, 1113; Nov. 30, 1993, Pub. L.

103-160, div. C, title XXXIV, Sec. 3402(c)(2), (f)(3), 107 Stat.

1964, 1965, related to financial contributions to States for

personnel and administrative expenses. See section 5196b of Title

42, The Public Health and Welfare.

-End-

-CITE-

50 USC APPENDIX Sec. 2287 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

TITLE III - POWERS AND DUTIES

-HEAD-

Sec. 2287. Repealed. Pub. L. 97-214, Sec. 7(8), July 12, 1982, 96

Stat. 173

-MISC1-

Section, Pub. L. 89-568, title VI, Sec. 610, Sept. 12, 1966, 80

Stat. 756; Pub. L. 90-110, title VIII, Sec. 807, Oct. 21, 1967, 81

Stat. 308, related to fallout protection. Provisions similar to

this section were contained in the Military Construction

Authorization Act, 1966, Pub. L. 89-188, title VI, Sec. 608, Sept.

16, 1965, 79 Stat. 818.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1982, and applicable to military

construction projects, and to construction and acquisition of

military family housing, authorized before, on, or after such date,

see section 12(a) of Pub. L. 97-214, set out as an Effective Date

note under section 2801 of Title 10, Armed Forces.

-End-

-CITE-

50 USC APPENDIX Secs. 2288, 2289 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

TITLE III - POWERS AND DUTIES

-HEAD-

Secs. 2288, 2289. Repealed. Pub. L. 103-337, div. C, title XXXIV,

Sec. 3412(a), Oct. 5, 1994, 108 Stat. 3111

-MISC1-

Section 2288, act Jan. 12, 1951, ch. 1228, title II, Sec. 206, as

added Sept. 8, 1980, Pub. L. 96-342, title VII, Sec. 703(a)(1), 94

Stat. 1089, related to requirement for State matching funds for

construction of emergency operating centers. See section 5196c of

Title 42, The Public Health and Welfare.

Section 2289, act Jan. 12, 1951, ch. 1228, title II, Sec. 207, as

added Dec. 1, 1981, Pub. L. 97-86, title VIII, Sec. 803(a)(1), 95

Stat. 1112; amended Nov. 30, 1993, Pub. L. 103-160, div. C, title

XXXIV, Sec. 3402(d)(1), 107 Stat. 1964, related to use of funds for

attack-related civil defense and disaster-related civil defense.

See section 5196d of Title 42.

-End-

-CITE-

50 USC APPENDIX TITLE IV - EMERGENCY AUTHORITY 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

TITLE IV - EMERGENCY AUTHORITY

-HEAD-

TITLE IV - EMERGENCY AUTHORITY

-End-

-CITE-

50 USC APPENDIX Secs. 2291 to 2297 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

TITLE IV - EMERGENCY AUTHORITY

-HEAD-

Secs. 2291 to 2297. Repealed. Pub. L. 103-337, div. C, title XXXIV,

Sec. 3412(a), Oct. 5, 1994, 108 Stat. 3111

-MISC1-

Section 2291, act Jan. 12, 1951, ch. 1228, title III, Sec. 301,

64 Stat. 1251, provided that sections 2291 to 2297 of this Appendix

applied only during civil defense emergencies and related to

proclamation and termination of these emergencies.

Section 2292, act Jan. 12, 1951, ch. 1228, title III, Sec. 302,

64 Stat. 1251, related to utilization of Federal departments and

agencies during civil defense emergencies.

Section 2293, act Jan. 12, 1951, ch. 1228, title III, Sec. 303,

64 Stat. 1252, related to emergency powers of Administrator.

Section 2294, act Jan. 12, 1951, ch. 1228, title III, Sec. 304,

64 Stat. 1253, related to governmental immunity from liability for

death or injury to employees and to employee benefits.

Section 2295, act Jan. 12, 1951, ch. 1228, title III, Sec. 305,

64 Stat. 1253, related to waiver of provisions of Administrative

Procedure Act, sections 551 et seq. and 701 et seq. of Title 5,

Government Organization and Employees.

Section 2296, act Jan. 12, 1951, ch. 1228, title III, Sec. 306,

64 Stat. 1253, related to compensation for acquisition of

nongovernmental property, return of the property to the owner, and

disposal of surplus property.

Section 2297, acts Jan. 12, 1951, ch. 1228, title III, Sec. 307,

64 Stat. 1254; June 3, 1954, ch. 253, 68 Stat. 170; July 11, 1958,

Pub. L. 85-514, 72 Stat. 356; June 27, 1962, Pub. L. 87-501, 76

Stat. 111; June 30, 1966, Pub. L. 89-483, 80 Stat. 235; June 30,

1970, Pub. L. 91-299, 84 Stat. 367, provided that sections 2291 to

2297 of this Appendix terminated on June 30, 1974, or on such

earlier date as prescribed by concurrent resolution of Congress.

Sections 2291 to 2297 terminated June 30, 1974, pursuant to section

2297 of this Appendix.

-End-

-CITE-

50 USC APPENDIX TITLE V - IMPROVED CIVIL DEFENSE

PROGRAM 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

TITLE V - IMPROVED CIVIL DEFENSE PROGRAM

-HEAD-

TITLE V - IMPROVED CIVIL DEFENSE PROGRAM

-End-

-CITE-

50 USC APPENDIX Secs. 2301 to 2303 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

CIVIL DEFENSE

ACT JAN. 12, 1951, CH. 1228, 64 STAT. 1245

TITLE V - IMPROVED CIVIL DEFENSE PROGRAM

-HEAD-

Secs. 2301 to 2303. Repealed. Pub. L. 103-160, div. C, title XXXIV,

Sec. 3402(e)(1), Nov. 30, 1993, 107 Stat. 1964

-MISC1-

Section 2301, act Jan. 12, 1951, ch. 1228, title V, Sec. 501, as

added Sept. 8, 1980, Pub. L. 96-342, title VII, Sec. 702(a), 94

Stat. 1088, related to sense of Congress concerning improved civil

defense program.

Section 2302, act Jan. 12, 1951, ch. 1228, title V, Sec. 502, as

added Sept. 8, 1980, Pub. L. 96-342, title VII, Sec. 702(a), 94

Stat. 1088, listed elements of improved civil defense program.

Section 2303, act Jan. 12, 1951, ch. 1228, title V, Sec. 503, as

added Sept. 8, 1980, Pub. L. 96-342, title VII, Sec. 702(a), 94

Stat. 1089, granted administrative authority to develop and

implement improved civil defense program.

-End-

-CITE-

50 USC APPENDIX EMERGENCY FOOD AID TO INDIA 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EMERGENCY FOOD AID TO INDIA

-HEAD-

EMERGENCY FOOD AID TO INDIA

-End-

-CITE-

50 USC APPENDIX ACT JUNE 15, 1951, CH. 138, 65

STAT. 69 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EMERGENCY FOOD AID TO INDIA

ACT JUNE 15, 1951, CH. 138, 65 STAT. 69

-HEAD-

ACT JUNE 15, 1951, CH. 138, 65 STAT. 69

-End-

-CITE-

50 USC APPENDIX Secs. 2311 to 2316 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EMERGENCY FOOD AID TO INDIA

ACT JUNE 15, 1951, CH. 138, 65 STAT. 69

-HEAD-

Secs. 2311 to 2316. Omitted

-COD-

CODIFICATION

Sections 2311 to 2316 of this Appendix were omitted from the Code

in view of the termination of the emergency need which they were

enacted to meet.

Section 2311, act June 15, 1951, ch. 138, Sec. 2, 65 Stat. 70,

related to emergency food relief assistance to India on credit

terms including payment by transfer to the United States of

materials required by the United States due to deficiencies in its

own resources, particularly those found to be strategic and

critical.

Section 2312, act June 15, 1951, ch. 138, Sec. 3, 65 Stat. 70,

related to amount of money available for loan during the period

ending June 30, 1952.

Section 2313, act June 15, 1951, ch. 138, Sec. 4, 65 Stat. 70,

related to permissible use of funds to meet the emergency need

arising from the flood, drought, and other conditions existing in

India in 1950.

Section 2314, act June 15, 1951, ch. 138, Sec. 5, 65 Stat. 70,

related to transportation of supplies, to advances by

Reconstruction Finance Corporation to Department of Commerce for

activation and operation of vessels for such transportation, and to

repayment of advances.

Section 2315, act June 15, 1951, ch. 138, Sec. 6, 65 Stat. 71,

related to payment of charges for ocean freight of relief packages

and to funds available for such payment.

Section 2316, act June 15, 1951, ch. 138, Sec. 7, 65 Stat. 71,

related to establishment of special deposit account in the United

States Treasury created by repayments of interest by India on or

before Jan. 1, 1957, to uses of funds in the account, and to

disbursements from the account.

-End-

-CITE-

50 USC APPENDIX KOREAN COMBAT PAY 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

KOREAN COMBAT PAY

-HEAD-

KOREAN COMBAT PAY

-End-

-CITE-

50 USC APPENDIX ACT JULY 10, 1952, CH. 630,

TITLE VII, 66 STAT. 538 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

KOREAN COMBAT PAY

ACT JULY 10, 1952, CH. 630, TITLE VII, 66 STAT. 538

-HEAD-

ACT JULY 10, 1952, CH. 630, TITLE VII, 66 STAT. 538

-End-

-CITE-

50 USC APPENDIX Secs. 2351 to 2356 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

KOREAN COMBAT PAY

ACT JULY 10, 1952, CH. 630, TITLE VII, 66 STAT. 538

-HEAD-

Secs. 2351 to 2356. Repealed. Pub. L. 88-132, Sec. 9(b), Oct. 2,

1963, 77 Stat. 216

-MISC1-

Section 2351, act July 10, 1952, ch. 630, title VII, Sec. 702, 66

Stat. 538, defined terms for purposes of sections 2351 to 2356 of

this Appendix.

Section 2352, act July 10, 1952, ch. 630, title VII, Sec. 703, 66

Stat. 539, related to conditions governing payment of combat pay to

members and former members of the uniformed services.

Section 2353, act July 10, 1952, ch. 630, title VII, Sec. 704, 66

Stat. 539, related to members of the uniformed services killed in

action, injured in action, and missing in action.

Section 2354, act July 10, 1952, ch. 630, title VII, Sec. 705, 66

Stat. 539, related to limitations on combat payments.

Section 2355, act July 10, 1952, ch. 630, title VII, Sec. 706, 66

Stat. 539, related to regulations for the administration of

sections 2351 to 2356 of this Appendix.

Section 2356, act July 10, 1952, ch. 630, title VII, Sec. 707, 66

Stat. 539, related to determinations of fact, conclusiveness of

findings, and availability of appropriations.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1963, see section 14 of Pub. L. 88-132,

set out as an Effective Date of 1963 Amendment note under section

201 of Title 37, Pay and Allowances of the Uniformed Services.

-End-

-CITE-

50 USC APPENDIX WORLD WAR II LICENSE AGREEMENTS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WORLD WAR II LICENSE AGREEMENTS

-HEAD-

WORLD WAR II LICENSE AGREEMENTS

-End-

-CITE-

50 USC APPENDIX ACT AUG. 16, 1950, CH. 716, 64

STAT. 448 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WORLD WAR II LICENSE AGREEMENTS

ACT AUG. 16, 1950, CH. 716, 64 STAT. 448

-HEAD-

ACT AUG. 16, 1950, CH. 716, 64 STAT. 448

-MISC1-

Sec.

2371. Modification or cancellation of certain license

agreements granted Government during World War II.

-End-

-CITE-

50 USC APPENDIX Sec. 2371 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

WORLD WAR II LICENSE AGREEMENTS

ACT AUG. 16, 1950, CH. 716, 64 STAT. 448

-HEAD-

Sec. 2371. Modification or cancellation of certain license

agreements granted Government during World War II

-STATUTE-

Notwithstanding any other provision of law, the head of any

department or other agency in the executive branch of the

Government which subsequent to September 9, 1939, entered into any

contract or agreement with the holder of any privately owned patent

or any right thereunder whereby such holder granted to the United

States, without payment of royalty or with reduction or limitation

of royalty, any license under such patent or right, is authorized,

upon application of the grantor of such license, to enter into such

supplemental contract or agreement for the cancellation of the

contract or agreement by which such license was granted as the head

of such department or agency shall deem to be warranted by equities

existing by reason of changes in circumstances occurring since the

granting of such license.

-SOURCE-

(Aug. 16, 1950, ch. 716, 64 Stat. 448.)

-COD-

CODIFICATION

Section was formerly classified to section 119 of former Title

35, Patents, prior to the general revision and enactment of Title

35, Patents, by act July 19, 1952, ch. 950, Sec. 1, 66 Stat. 792.

-End-

-CITE-

50 USC APPENDIX EMERGENCY SHIP REPAIR PROGRAM 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EMERGENCY SHIP REPAIR PROGRAM

-HEAD-

EMERGENCY SHIP REPAIR PROGRAM

-End-

-CITE-

50 USC APPENDIX ACT AUG. 20, 1954, CH. 777, 68

STAT. 754 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EMERGENCY SHIP REPAIR PROGRAM

ACT AUG. 20, 1954, CH. 777, 68 STAT. 754

-HEAD-

ACT AUG. 20, 1954, CH. 777, 68 STAT. 754

-End-

-CITE-

50 USC APPENDIX Secs. 2391 to 2394 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EMERGENCY SHIP REPAIR PROGRAM

ACT AUG. 20, 1954, CH. 777, 68 STAT. 754

-HEAD-

Secs. 2391 to 2394. Repealed. Pub. L. 101-225, title III, Sec.

307(16), Dec. 12, 1989, 103 Stat. 1925

-MISC1-

Section 2391, act Aug. 20, 1954, ch. 777, Sec. 2, 68 Stat. 754,

set out purpose of Act as providing for the immediate improvement

of merchant vessels in reserve fleet under jurisdiction of

Secretary of Commerce, thereby stimulating shipbuilding and ship

repair industries of Nation.

Section 2392, act Aug. 20, 1954, ch. 777, Sec. 3, 68 Stat. 754,

directed Secretary of Commerce, after consultation with Secretary

of Defense, to formulate and carry out a modernization program for

merchant vessels in national defense reserve under jurisdiction of

Secretary of Commerce.

Section 2393, acts Aug. 20, 1954, ch. 777, Sec. 4, 68 Stat. 754;

Aug. 6, 1956, ch. 1012, 70 Stat. 1067, directed Secretary of

Commerce to contract before July 1, 1958, for repair and

modernization of vessels after inviting single bids or split bids

or both and specified that expenditures not exceed $25,000,000,

that contracts be with private shipbuilding or ship repair yards in

the United States, and that contracts conform to the Federal

Property and Administrative Services Act of 1949, 41 U.S.C. 251 et

seq.

Section 2394, act Aug. 20, 1954, ch. 777, Sec. 5, 68 Stat. 755,

authorized appropriations not in excess of $25,000,000 to carry out

this Act.

-End-

-CITE-

50 USC APPENDIX EXPORT REGULATION 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

EXPORT REGULATION

PUB. L. 96-72, SEPT. 29, 1979, 93 STAT. 503

-MISC1-

Sec.

2401. Congressional findings.

2402. Congressional declaration of policy.

2403. General provisions.

(a) Types of licenses.

(b) Control list.

(c) Foreign availability.

(d) Right of export.

(e) Delegation of authority.

(f) Notification of public; consultation with

business.

(g) Fees.

2403-1 to 2403a. Repealed or Omitted.

2404. National security controls.

(a) Authority.

(b) Policy toward individual countries.

(c) Control list.

(d) Militarily critical technologies.

(e) Export licenses.

(f) Foreign availability.

(g) Indexing.

(h) Technical advisory committees.

(i) Multilateral export controls.

(j) Commercial agreements with certain countries.

(k) Negotiations with other countries.

(l) Diversion of controlled goods or technology.

(m) Goods containing controlled parts and

components.

(n) Security measures.

(o) Recordkeeping.

(p) National Security Control Office.

(q) Exclusion for agricultural commodities.

2405. Foreign policy controls.

(a) Authority.

(b) Criteria.

(c) Consultation with industry.

(d) Consultation with other countries.

(e) Alternative means.

(f) Consultation with Congress.

(g) Exclusion for medicine and medical supplies and

for certain food exports.

(h) Foreign availability.

(i) International obligations.

(j) Countries supporting international terrorism.

(k) Negotiations with other countries.

(l) Missile technology.

(m) Chemical and biological weapons.

(n) Crime control instruments.

(o) Control list.

(p) Effect on existing contracts and licenses.

(q) Extension of certain controls.

(r) Expanded authority to impose controls.

(s) Spare parts.

2406. Short supply controls.

(a) Authority.

(b) Monitoring.

(c) Petitions for monitoring or controls.

(d) Domestically produced crude oil.

(e) Refined petroleum products.

(f) Certain petroleum products.

(g) Agricultural commodities.

(h) Barter agreements.

(i) Unprocessed red cedar.

(j) Effect of controls on existing contracts.

(k) Oil exports for use by United States military

facilities.

2407. Foreign boycotts.

(a) Prohibitions and exceptions.

(b) Foreign policy controls.

(c) Preemption.

2408. Procedures for hardship relief from export controls.

(a) Filing of petitions.

(b) Decision of Secretary.

(c) Factors to be considered.

2409. Procedures for processing export license applications;

other inquiries.

(a) Primary responsibility of Secretary.

(b) Initial screening.

(c) Action on certain applications.

(d) Referral to other departments and agencies.

(e) Action by other departments and agencies.

(f) Action by Secretary.

(g) Special procedures for Secretary of Defense.

(h) Multilateral controls.

(i) Records.

(j) Appeal and court action.

(k) Changes in requirements for applications.

(l) Other inquiries.

(m) Small business assistance.

(n) Reports on license applications.

(o) Exports to members of Coordinating Committee.

2410. Violations.

(a) In general.

(b) Willful violations.

(c) Civil penalties; administrative sanctions.

(d) Payment of penalties.

(e) Refunds.

(f) Actions for recovery of penalties.

(g) Forfeiture of property interest and proceeds.

(h) Prior convictions.

(i) Other authorities.

2410a. Multilateral export control violations.

(a) Determination by the President.

(b) Sanctions.

(c) Exceptions.

(d) Exclusion.

(e) Definitions.

(f) Subsequent modifications of sanctions.

(g) Reports to Congress.

(h) Discretionary imposition of sanctions.

(i) Compensation for diversion of militarily

critical technologies to controlled countries.

(j) Other actions by the President.

(k) Damages for certain violations.

(l) Definition.

2410b. Missile proliferation control violations.

(a) Violations by United States persons.

(b) Transfers of missile equipment or technology by

foreign persons.

(c) Definitions.

2410c. Chemical and biological weapons proliferation

sanctions.

(a) Imposition of sanctions.

(b) Consultations with and actions by foreign

government of jurisdiction.

(c) Sanctions.

(d) Termination of sanctions.

(e) Waiver.

(f) Definition of foreign person.

2411. Enforcement.

(a) General authority.

(b) Immunity.

(c) Confidentiality.

(d) Reporting requirements.

(e) Simplification of regulations.

2411a. Omitted.

2412. Administrative procedure and judicial review.

(a) Exemption.

(b) Public participation.

(c) Procedures relating to civil penalties and

sanctions.

(d) Imposition of temporary denial orders.

(e) Appeals from license denials.

2413. Annual report.

(a) Contents.

(b) Report on certain export controls.

(c) Report on negotiations.

(d) Report on exports to controlled countries.

(e) Report on domestic economic impact of exports

to controlled countries.

(f) Annual report of the President.

2414. Administrative and regulatory authority.

(a) Under Secretary of Commerce.

(b) Issuance of regulations.

(c) Amendments to regulations.

2415. Definitions.

2416. Effect on other Acts.

(a) In general.

(b) Coordination of controls.

(c) Civil aircraft equipment.

(d) Nonproliferation controls.

(e) Termination of other authority.

(f) Agricultural Act of 1970.

2417. Authorization of appropriations.

(a) Requirement of authorizing legislation.

(b) Authorization.

2418. Effective date.

2419. Termination date.

2420. Savings provision.

(a) In general.

(b) Administrative proceedings.

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

This Act is referred to in title 7 sections 1736y, 4001, 5671;

title 10 sections 130, 7430; title 12 section 635; title 15 section

4605; title 16 section 620j; title 19 section 1583; title 22

sections 2304, 2778, 2778a, 2779a, 2780, 2798, 3281, 5472, 5603,

6004, 6445, 7203; title 30 section 185; title 42 section 6212.

-End-

-CITE-

50 USC APPENDIX Sec. 2401 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2401. Congressional findings

-STATUTE-

The Congress makes the following findings:

(1) The ability of United States citizens to engage in

international commerce is a fundamental concern of United States

policy.

(2) Exports contribute significantly to the economic well-being

of the United States and the stability of the world economy by

increasing employment and production in the United States, and by

earning foreign exchange, thereby contributing favorably to the

trade balance. The restriction of exports from the United States

can have serious adverse effects on the balance of payments and

on domestic employment, particularly when restrictions applied by

the United States are more extensive than those imposed by other

countries.

(3) It is important for the national interest of the United

States that both the private sector and the Federal Government

place a high priority on exports, consistent with the economic,

security, and foreign policy objectives of the United States.

(4) The availability of certain materials at home and abroad

varies so that the quantity and composition of United States

exports and their distribution among importing countries may

affect the welfare of the domestic economy and may have an

important bearing upon fulfillment of the foreign policy of the

United States.

(5) Exports of goods or technology without regard to whether

they make a significant contribution to the military potential of

individual countries or combinations of countries may adversely

affect the national security of the United States.

(6) Uncertainty of export control policy can inhibit the

efforts of United States business and work to the detriment of

the overall attempt to improve the trade balance of the United

States.

(7) Unreasonable restrictions on access to world supplies can

cause worldwide political and economic instability, interfere

with free international trade, and retard the growth and

development of nations.

(8) It is important that the administration of export controls

imposed for national security purposes give special emphasis to

the need to control exports of technology (and goods which

contribute significantly to the transfer of such technology)

which could make a significant contribution to the military

potential of any country or combination of countries which would

be detrimental to the national security of the United States.

(9) Minimization of restrictions on exports of agricultural

commodities and products is of critical importance to the

maintenance of a sound agricultural sector, to a positive

contribution to the balance of payments, to reducing the level of

Federal expenditures for agricultural support programs, and to

United States cooperation in efforts to eliminate malnutrition

and world hunger.

(10) It is important that the administration of export controls

imposed for foreign policy purposes give special emphasis to the

need to control exports of goods and substances hazardous to the

public health and the environment which are banned or severely

restricted for use in the United States, and which, if exported,

could affect the international reputation of the United States as

a responsible trading partner.

(11) Availability to controlled countries of goods and

technology from foreign sources is a fundamental concern of the

United States and should be eliminated through negotiations and

other appropriate means whenever possible.

(12) Excessive dependence of the United States, its allies, or

countries sharing common strategic objectives with the United

States, on energy and other critical resources from potential

adversaries can be harmful to the mutual and individual security

of all those countries.

-SOURCE-

(Pub. L. 96-72, Sec. 2, Sept. 29, 1979, 93 Stat. 503; Pub. L.

99-64, title I, Sec. 102, July 12, 1985, 99 Stat. 120; Pub. L.

103-199, title II, Sec. 201(a), Dec. 17, 1993, 107 Stat. 2320.)

-MISC1-

PRIOR PROVISIONS

A prior section 2401, Pub. L. 91-184, Sec. 2, Dec. 30, 1969, 83

Stat. 841; Pub. L. 92-412, title I, Sec. 102, Aug. 29, 1972, 86

Stat. 644; Pub. L. 93-500, Sec. 4(a), Oct. 29, 1974, 88 Stat. 1553,

setting forth findings of Congress with respect to the Export

Administration Act of 1969, expired on Sept. 30, 1979.

AMENDMENTS

1993 - Pars. (11) to (13). Pub. L. 103-199 redesignated pars.

(12) and (13) as (11) and (12), respectively, and struck out former

par. (11) which read as follows: "The acquisition of national

security sensitive goods and technology by the Soviet Union and

other countries the actions or policies of which run counter to the

national security interests of the United States, has led to the

significant enhancement of Soviet bloc military-industrial

capabilities. This enhancement poses a threat to the security of

the United States, its allies, and other friendly nations, and

places additional demands on the defense budget of the United

States."

1985 - Par. (2). Pub. L. 99-64, Sec. 102(1), substituted "by

earning foreign exchange, thereby contributing favorably to the

trade balance" for "by strengthening the trade balance and the

value of the United States dollar, thereby reducing inflation".

Par. (3). Pub. L. 99-64, Sec. 102(2), substituted "consistent

with the economic, security, and foreign policy objectives of the

United States" for "which would strengthen the Nation's economy".

Par. (6). Pub. L. 99-64, Sec. 102(3), amended par. (6) generally,

substituting "inhibit the efforts of United States business and

work" for "curtail the efforts of American business".

Par. (9). Pub. L. 99-64, Sec. 102(4), substituted "a positive

contribution to the balance of payments" for "achievement of a

positive balance of payments".

Pars. (10) to (13). Pub. L. 99-64, Sec. 102(5), added pars. (10)

to (13).

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-418, title II, Sec. 2441, Aug. 23, 1988, 102 Stat.

1364, provided that: "This part [part II (Secs. 2441-2447) of

subtitle D of title II of Pub. L. 100-418, enacting section 2410a

of this Appendix, amending sections 2404 and 2413 of this Appendix

and section 1864 of Title 19, Customs Duties, and enacting

provisions set out as notes under section 2410a of this Appendix]

may be cited as the 'Multilateral Export Control Enhancement

Amendments Act'."

SHORT TITLE OF 1985 AMENDMENT

Section 1 of Pub. L. 99-64 provided that: "Titles I and II of

this Act [enacting sections 4051 to 4053 of Title 15, Commerce and

Trade, section 1864 of Title 19, Customs Duties, and section 466c

of Title 46, Appendix, Shipping, amending this section and sections

2402, 2403, 2404 to 2406, 2409 to 2411, 2412 to 2417, and 2419 of

this Appendix, sections 5314 and 5315 of Title 5, Government

Organization and Employees, sections 2304 and 2778 of Title 22,

Foreign Relations and Intercourse, and section 185 of Title 30,

Mineral Lands and Mining, and enacting provisions set out as notes

under sections 2404, 2405, and 2414 of this Appendix and section

5314 of Title 5] may be cited as the 'Export Administration

Amendments Act of 1985'."

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-145, Sec. 1, Dec. 29, 1981, 95 Stat. 1727, provided:

"That this Act [amending sections 2405, 2410, 2411, and 2417 of

this Appendix and enacting provisions set out as notes under

sections 2405, 2410, and 2417 of this Appendix] may be cited as the

'Export Administration Amendments Act of 1981'."

SHORT TITLE

Section 1 of Pub. L. 96-72 provided that: "This Act [enacting

this section and sections 2402 to 2420 of this Appendix, amending

section 1732 of Title 7, Agriculture, sections 2778 and 3108 of

Title 22, Foreign Relations and Intercourse, section 993 of Title

26, Internal Revenue Code, and sections 6212 and 6274 of Title 42,

The Public Health and Welfare, and enacting provisions set out as

notes under sections 2406 and 2409 of this Appendix and section

3108 of Title 22] may be cited as the 'Export Administration Act of

1979'."

-EXEC-

EXECUTIVE ORDER NO. 11753

Ex. Ord. No. 11753, Dec. 20, 1973, 38 F.R. 34983, which

established the President's Export Council, was revoked by section

1-402 of Ex. Ord. No. 12131, May 4, 1979, 44 F.R. 26842, set out

below.

EX. ORD. NO. 12131. PRESIDENT'S EXPORT COUNCIL

Ex. Ord. No. 12131, May 4, 1979, 44 F.R. 26841, as amended by Ex.

Ord. No. 12551, Feb. 21, 1986, 21 F.R. 6509; Ex. Ord. No. 12991,

Mar. 6, 1996, 61 F.R. 9587; Ex. Ord. No. 13138, Sec. 5, Sept. 30,

1999, 64 F.R. 53880, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, and in order to

expand the membership of the President's Export Council, in accord

with the provisions of the Federal Advisory Committee Act (5 U.S.C.

App.), it is hereby ordered as follows:

-MISC2-

1-1. ESTABLISHMENT AND MEMBERSHIP

1-101. There is established the President's Export Council.

1-102. The membership of the Council shall be as follows:

(a) The heads of the following Executive agencies or their

representatives:

(1) Department of State.

(2) Department of the Treasury.

(3) Department of Agriculture.

(4) Department of Commerce.

(5) Department of Labor.

(6) Office of the Special Representative for Trade Negotiations.

(7) Export-Import Bank of the United States.

(8) Small Business Administration.

(9) Department of Energy.

(b) Five members of the United States Senate, designated by the

President of the Senate, and five members of the United States

House of Representatives, designated by the Speaker of the House,

to serve for a two-year term.

(c) Not to exceed 28 citizens appointed by the President. These

individuals shall be selected from those who are not full,time

Federal officers or employees. They shall include representatives

of business and industry, agriculture, and labor.

1-103. The President shall designate a Chairman and a Vice

Chairman from among the members appointed by the President.

1-104. The Secretary of Commerce, with the concurrence of the

Chairman, shall appoint an Executive Director.

1-2. FUNCTIONS

1-201. The Council shall serve as a national advisory body on

matters relating to United States export trade, including advice on

the implementation of the President's National Export Policy, which

was announced on September 26, 1978. It shall, through the

Secretary of Commerce, report to the President on its activities

and on its recommendations for expanding United States exports.

1-202. The Council should survey and evaluate the export

expansion activities of the communities represented by the

membership. It should identify and examine specific problems which

business, industrial, and agricultural practices may cause for

export trade, and examine the needs of business, industry, and

agriculture to expand their efforts. The Council should recommend

specific solutions to these problems and needs.

1-203. The Council may act as liaison among the communities

represented by the membership; and, may provide a forum for those

communities on current and emerging problems and issues in the

field of export expansion. The Council should encourage the

business, industrial, and agricultural communities to enter new

foreign markets and to expand existing export programs.

1-204. The Council shall provide advice on Federal plans and

actions that affect export expansion policies which have an impact

on those communities represented by the membership.

1-205. The Council may establish, with the concurrence of the

Secretary of Commerce, an executive committee and such other

subordinate committees it considers necessary for the performance

of its functions. The Chairman of a subordinate committee shall be

designated, with the concurrence of the Secretary of Commerce, by

the Chairman of the Council from among the membership of the

Council. Members of subordinate committees shall be appointed by

the Secretary of Commerce.

1-3. ADMINISTRATIVE PROVISIONS

1-301. The Secretary of Commerce shall, to the extent permitted

by law, provide the Council, including its executive and

subordinate committees, with administrative and staff services,

support and facilities as may be necessary for the effective

performance of its functions.

1-302. Each member of the Council, including its executive and

subordinate committees, who is not otherwise paid a salary by the

Federal Government, shall receive no compensation from the United

States by virtue of their service on the Council, but all members

may receive the transportation and travel expenses, including per

diem in lieu of subsistence, authorized by law (5 U.S.C. 5702 and

5703).

1-4. GENERAL PROVISIONS

1-401. Notwithstanding the provisions of any other Executive

order, the functions of the President under the Federal Advisory

Committee Act (5 U.S.C. App.), except that of reporting annually to

the Congress, which are applicable to the Council, shall be

performed by the Secretary of Commerce in accordance with

guidelines and procedures established by the Administrator of

General Services.

1-402. Executive Order No. 11753 is revoked; however, nothing in

this Order shall be deemed to require new charters for the Council,

including its executive and subordinate committees, which were

current immediately prior to the issuance of this Order.

1-403. The Council shall terminate on December 31, 1980, unless

sooner extended.

-EXEC-

EXTENSION OF TERM OF PRESIDENT'S EXPORT COUNCIL

Term of the President's Export Council extended until Dec. 31,

1982, see section 1-101(l) of Ex. Ord. No. 12258, Dec. 31, 1980, 46

F.R. 1251, formerly set out as a note under section 14 of the

Federal Advisory Committee Act in the Appendix to Title 5,

Government Organization and Employees.

Term of the President's Export Council extended until Sept. 30,

1984, see Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, formerly

set out as a note under section 14 of the Federal Advisory

Committee Act in the Appendix to Title 5.

Term of the President's Export Council extended until Sept. 30,

1985, see Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927,

formerly set out as a note under section 14 of the Federal Advisory

Committee Act in the Appendix to Title 5.

Term of the President's Export Council extended until Sept. 30,

1987, see Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319,

formerly set out as a note under section 14 of the Federal Advisory

Committee Act in the Appendix to Title 5.

Term of the President's Export Council extended until Sept. 30,

1989, see Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901,

formerly set out as a note under section 14 of the Federal Advisory

Committee Act in the Appendix to Title 5.

Term of the President's Export Council extended until Sept. 30,

1991, see Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627,

formerly set out as a note under section 14 of the Federal Advisory

Committee Act in the Appendix to Title 5.

Term of the President's Export Council extended until Sept. 30,

1993, see Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835,

formerly set out as a note under section 14 of the Federal Advisory

Committee Act in the Appendix to Title 5.

Term of the President's Export Council extended until Sept. 30,

1995, see Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751,

formerly set out as a note under section 14 of the Federal Advisory

Committee Act in the Appendix to Title 5.

Term of the President's Export Council extended until Sept. 30,

1997, see Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875,

formerly set out as a note under section 14 of the Federal Advisory

Committee Act in the Appendix to Title 5.

Term of the President's Export Council extended until Sept. 30,

1999, see Ex. Ord. No. 13062, Sec. 1(m), Sept. 29, 1997, 62 F.R.

51755, formerly set out as a note under section 14 of the Federal

Advisory Committee Act in the Appendix to Title 5.

Term of the President's Export Council extended until Sept. 30,

2001, see Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879,

formerly set out as a note under section 14 of the Federal Advisory

Committee Act in the Appendix to Title 5.

Term of the President's Export Council extended until Sept. 30,

2003, see Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, set

out as a note under section 14 of the Federal Advisory Committee

Act in the Appendix to Title 5.

-End-

-CITE-

50 USC APPENDIX Sec. 2402 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2402. Congressional declaration of policy

-STATUTE-

The Congress makes the following declarations:

(1) It is the policy of the United States to minimize

uncertainties in export control policy and to encourage trade

with all countries with which the United States has diplomatic or

trading relations, except those countries with which such trade

has been determined by the President to be against the national

interest.

(2) It is the policy of the United States 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 goods and technology 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;

(B) to restrict the export of goods and technology where

necessary to further significantly the foreign policy of the

United States or to fulfill its declared international

obligations; and

(C) to restrict the export of goods where necessary to

protect the domestic economy from the excessive drain of scarce

materials and to reduce the serious inflationary impact of

foreign demand.

(3) It is the policy of the United States (A) to apply any

necessary controls to the maximum extent possible in cooperation

with all nations, and (B) to encourage observance of a uniform

export control policy by all nations with which the United States

has defense treaty commitments or common strategic objectives.

(4) It is the policy of the United States to use its economic

resources and trade potential to further the sound growth and

stability of its economy as well as to further its national

security and foreign policy objectives.

(5) It is the policy of the United States -

(A) to oppose restrictive trade practices or boycotts

fostered or imposed by foreign countries against other

countries friendly to the United States or against any United

States person;

(B) to encourage and, in specified cases, require United

States persons engaged in the export of goods or technology or

other information to refuse to take actions, including

furnishing information or entering into or implementing

agreements, which have the effect of furthering or supporting

the restrictive trade practices or boycotts fostered or imposed

by any foreign country against a country friendly to the United

States or against any United States person; and

(C) to foster international cooperation and the development

of international rules and institutions to assure reasonable

access to world supplies.

(6) It is the policy of the United States that the desirability

of subjecting, or continuing to subject, particular goods or

technology or other information to United States export controls

should be subjected to review by and consultation with

representatives of appropriate United States Government agencies

and private industry.

(7) It is the policy of the United States to use export

controls, including license fees, to secure the removal by

foreign countries of restrictions on access to supplies where

such restrictions have or may have a serious domestic

inflationary impact, have caused or may cause a serious domestic

shortage, or have been imposed for purposes of influencing the

foreign policy of the United States. In effecting this policy,

the President shall make reasonable and prompt efforts to secure

the removal or reduction of such restrictions, policies, or

actions through international cooperation and agreement before

imposing export controls. No action taken in fulfillment of the

policy set forth in this paragraph shall apply to the export of

medicine or medical supplies.

(8) It is the policy of the United States to use export

controls to encourage other countries to take immediate steps to

prevent the use of their territories or resources to aid,

encourage, or give sanctuary to those persons involved in

directing, supporting, or participating in acts of international

terrorism. To achieve this objective, the President shall make

reasonable and prompt efforts to secure the removal or reduction

of such assistance to international terrorists through

international cooperation and agreement before imposing export

controls.

(9) It is the policy of the United States to cooperate with

other countries with which the United States has defense treaty

commitments or common strategic objectives in restricting the

export of goods and technology which would make a significant

contribution to the military potential of any country or

combination of countries which would prove detrimental to the

security of the United States and of those countries with which

the United States has defense treaty commitments or common

strategic objectives, and to encourage other friendly countries

to cooperate in restricting the sale of goods and technology that

can harm the security of the United States.

(10) It is the policy of the United States that export trade by

United States citizens be given a high priority and not be

controlled except when such controls (A) are necessary to further

fundamental national security, foreign policy, or short supply

objectives, (B) will clearly further such objectives, and (C) are

administered consistent with basic standards of due process.

(11) It is the policy of the United States to minimize

restrictions on the export of agricultural commodities and

products.

(12) It is the policy of the United States to sustain vigorous

scientific enterprise. To do so involves sustaining the ability

of scientists and other scholars freely to communicate research

findings, in accordance with applicable provisions of law, by

means of publication, teaching, conferences, and other forms of

scholarly exchange.

(13) It is the policy of the United States to control the

export of goods and substances banned or severely restricted for

use in the United States in order to foster public health and

safety and to prevent injury to the foreign policy of the United

States as well as to the credibility of the United States as a

responsible trading partner.

(14) It is the policy of the United States to cooperate with

countries which are allies of the United States and countries

which share common strategic objectives with the United States in

minimizing dependence on imports of energy and other critical

resources from potential adversaries and in developing

alternative supplies of such resources in order to minimize

strategic threats posed by excessive hard currency earnings

derived from such resource exports by countries with policies

adverse to the security interests of the United States.

-SOURCE-

(Pub. L. 96-72, Sec. 3, Sept. 29, 1979, 93 Stat. 504; Pub. L.

99-64, title I, Sec. 103, July 12, 1985, 99 Stat. 121; Pub. L.

103-199, title II, Sec. 201(b)(2), Dec. 17, 1993, 107 Stat. 2321.)

-MISC1-

PRIOR PROVISIONS

A prior section 2402, Pub. L. 91-184, Sec. 3, Dec. 30, 1969, 83

Stat. 841; Pub. L. 92-412, title I, Sec. 103, Aug. 29, 1972, 86

Stat. 644; Pub. L. 93-500, Secs. 2, 4(b), (c), 11, Oct. 29, 1974,

88 Stat. 1552, 1553, 1556; Pub. L. 95-52, title I, Sec. 115, title

II, Sec. 202, June 22, 1977, 91 Stat. 241, 247, setting forth

declaration of policy of Congress with respect to the Export

Administration Act of 1969, expired on Sept. 30, 1979.

AMENDMENTS

1993 - Par. (15). Pub. L. 103-199 struck out par. (15) which read

as follows: "It is the policy of the United States, particularly in

light of the Soviet massacre of innocent men, women, and children

aboard Korean Air Lines flight 7, to continue to object to

exceptions to the International Control List for the Union of

Soviet Socialist Republics, subject to periodic review by the

President."

1985 - Par. (3). Pub. L. 99-64, Sec. 103(1), inserted "or common

strategic objectives" after "defense treaty commitments".

Par. (7). Pub. L. 99-64, Sec. 103(2), substituted "the President

shall make reasonable and prompt efforts" for "the President shall

make every reasonable effort", and "imposing export controls" for

"resorting to the imposition of controls on exports from the United

States".

Par. (8). Pub. L. 99-64, Sec. 103(3), substituted "the President

shall make reasonable and prompt efforts" for "the President shall

make every reasonable effort", and "imposing export controls" for

"resorting to the imposition of export controls".

Par. (9). Pub. L. 99-64, Sec. 103(4), inserted "or common

strategic objectives" after "commitments" in two places, and

inserted ", and to encourage other friendly countries to cooperate

in restricting the sale of goods and technology that can harm the

security of the United States".

Pars. (12) to (15). Pub. L. 99-64, Sec. 103(5), added pars. (12)

to (15).

-TRANS-

DELEGATION OF FUNCTIONS

Functions conferred upon President under this section delegated

to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45

F.R. 29783, set out under section 2403 of this Appendix.

-MISC2-

POLICY REGARDING KAL

Section 201(b)(1) of Pub. L. 103-199 provided that: "The Congress

finds that -

"(A) President Yeltsin should be commended for meeting

personally with representatives of the families of the victims of

the shootdown of Korean Airlines (KAL) Flight 7;

"(B) President Yeltsin's Government has met on two separate

occasions with United States Government and family members to

answer questions associated with the shootdown and has arranged

for the families to interview Russians involved in the incident

or the search and rescue operations that followed;

"(C) President Yeltsin's Government has also cooperated fully

with the International Civil Aviation Organization (ICAO) to

allow it to complete its investigation of the incident and has

provided numerous materials requested by the ICAO, including

radar data and so-called 'black boxes', the digital flight data

and cockpit voice recorders from the flight;

"(D) the Export Administration Act of 1979 [sections 2401 to

2420 of this Appendix] continues to state that the United States

should continue to object to exceptions to the International

Control List for the Union of Soviet Socialist Republics in light

of the KAL tragedy, even though the 'no exceptions' policy was

rescinded by President Bush in 1990;

"(E) the Government of the United States is seeking

compensation from the Russian Government on behalf of the

families of the KAL victims, and the Congress expects the

Administration to continue to pursue issues related to the

shootdown, including that of compensation, with officials at the

highest level of the Russian Government; and

"(F) in view of the cooperation provided by President Yeltsin

and his government regarding the KAL incident and these other

developments, it is appropriate to remove such language from the

Export Administration Act of 1979."

POLICY ON MISSILE TECHNOLOGY CONTROL

Pub. L. 101-510, div. A, title XVII, Sec. 1701, Nov. 5, 1990, 104

Stat. 1738, provided that: "It should be the policy of the United

States to take all appropriate measures -

"(1) to discourage the proliferation, development, and

production of the weapons, material, and technology necessary to

produce or acquire missiles that can deliver weapons of mass

destruction;

"(2) to discourage countries and private persons in other

countries from aiding and abetting any states from acquiring such

weapons, material, and technology;

"(3) to strengthen United States and existing multilateral

export controls to prohibit the flow of materials, equipment, and

technology that would assist countries in acquiring the ability

to produce or acquire missiles that can deliver weapons of mass

destruction, including missiles, warheads and weaponization

technology, targeting technology, test and evaluation technology,

and range and weapons effect measurement technology; and

"(4) with respect to the Missile Technology Control Regime

('MTCR') and its participating governments -

"(A) to improve enforcement and seek a common and stricter

interpretation among MTCR members of MTCR principles;

"(B) to increase the number of countries that adhere to the

MTCR; and

"(C) to increase information sharing among United States

agencies and among governments on missile technology transfer,

including export licensing, and enforcement activities."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2403, 2404, 2405, 2406,

2407, 2409, 2413 of this Appendix; title 10 section 2410i; title 26

sections 943, 993; title 42 section 6212.

-End-

-CITE-

50 USC APPENDIX Sec. 2403 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2403. General provisions

-STATUTE-

(a) Types of licenses

Under such conditions as may be imposed by the Secretary which

are consistent with the provisions of this Act [sections 2401 to

2420 of this Appendix], the Secretary may require any of the

following types of export licenses:

(1) A validated license, authorizing a specific export, issued

pursuant to an application by the exporter.

(2) Validated licenses authorizing multiple exports, issued

pursuant to an application by the exporter, in lieu of an

individual validated license for each such export, including, but

not limited to, the following:

(A) A distribution license, authorizing exports of goods to

approved distributors or users of the goods in countries other

than controlled countries, except that the Secretary may

establish a type of distribution license appropriate for

consignees in the People's Republic of China. The Secretary

shall grant the distribution license primarily on the basis of

the reliability of the applicant and foreign consignees with

respect to the prevention of diversion of goods to controlled

countries. The Secretary shall have the responsibility of

determining, with the assistance of all appropriate agencies,

the reliability of applicants and their immediate consignees.

The Secretary's determination shall be based on appropriate

investigations of each applicant and periodic reviews of

licensees and their compliance with the terms of licenses

issued under this Act [sections 2401 to 2420 of this Appendix].

Factors such as the applicant's products or volume of business,

or the consignees' geographic location, sales distribution

area, or degree of foreign ownership, which may be relevant

with respect to individual cases, shall not be determinative in

creating categories or general criteria for the denial of

applications or withdrawal of a distribution license.

(B) A comprehensive operations license, authorizing exports

and reexports of technology and related goods, including items

from the list of militarily critical technologies developed

pursuant to section 5(d) of this Act [section 2404(d) of this

Appendix] which are included on the control list in accordance

with that section, from a domestic concern to and among its

foreign subsidiaries, affiliates, joint venturers, and

licensees that have long-term, contractually defined relations

with the exporter, are located in countries other than

controlled countries (except the People's Republic of China),

and are approved by the Secretary. The Secretary shall grant

the license to manufacturing, laboratory, or related operations

on the basis of approval of the exporter's systems of control,

including internal proprietary controls, applicable to the

technology and related goods to be exported rather than

approval of individual export transactions. The Secretary and

the Commissioner of Customs, consistent with their authorities

under section 12(a) of this Act [section 2411(a) of this

Appendix] and with the assistance of all appropriate agencies,

shall periodically, but not less frequently than annually,

perform audits of licensing procedures under this subparagraph

in order to assure the integrity and effectiveness of those

procedures.

(C) A project license, authorizing exports of goods or

technology for a specified activity.

(D) A service supply license, authorizing exports of spare or

replacement parts for goods previously exported.

(3) A general license, authorizing exports, without application

by the exporter.

(4) Such other licenses as may assist in the effective and

efficient implementation of this Act [sections 2401 to 2420 of

this Appendix].

(b) Control list

The Secretary shall establish and maintain a list (hereinafter in

this Act [sections 2401 to 2420 of this Appendix] referred to as

the "control list") stating license requirements (other than for

general licenses) for exports of goods and technology under this

Act [sections 2401 to 2420 of this Appendix].

(c) Foreign availability

In accordance with the provisions of this Act [sections 2401 to

2420 of this Appendix], the President shall not impose export

controls for foreign policy or national security purposes on the

export from the United States of goods or technology which he

determines are available without restriction from sources outside

the United States in sufficient quantities and comparable in

quality to those produced in the United States so as to render the

controls ineffective in achieving their purposes, unless the

President determines that adequate evidence has been presented to

him demonstrating that the absence of such controls would prove

detrimental to the foreign policy or national security of the

United States. In complying with the provisions of this subsection,

the President shall give strong emphasis to bilateral or

multilateral negotiations to eliminate foreign availability. The

Secretary and the Secretary of Defense shall cooperate in gathering

information relating to foreign availability, including the

establishment and maintenance of a jointly operated computer

system.

(d) Right of export

No authority or permission to export may be required under this

Act [sections 2401 to 2420 of this Appendix], or under regulations

issued under this Act [sections 2401 to 2420 of this Appendix],

except to carry out the policies set forth in section 3 of this Act

[section 2402 of this Appendix].

(e) Delegation of authority

The President may delegate the power, authority, and discretion

conferred upon him by this Act [sections 2401 to 2420 of this

Appendix] to such departments, agencies, or officials of the

Government as he may consider appropriate, except that no authority

under this Act [sections 2401 to 2420 of this Appendix] may be

delegated to, or exercised by, any official of any department or

agency the head of which is not appointed by the President, by and

with the advice and consent of the Senate. The President may not

delegate or transfer his power, authority, and discretion to

overrule or modify any recommendation or decision made by the

Secretary, the Secretary of Defense, or the Secretary of State

pursuant to the provisions of this Act [sections 2401 to 2420 of

this Appendix].

(f) Notification of public; consultation with business

The Secretary shall keep the public fully apprised of changes in

export control policy and procedures instituted in conformity with

this Act [sections 2401 to 2420 of this Appendix] with a view to

encouraging trade. The Secretary shall meet regularly with

representatives of a broad spectrum of enterprises, labor

organizations, and citizens interested in or affected by export

controls, in order to obtain their views on United States export

control policy and the foreign availability of goods and

technology.

(g) Fees

No fee may be charged in connection with the submission or

processing of an export license application.

-SOURCE-

(Pub. L. 96-72, Sec. 4, Sept. 29, 1979, 93 Stat. 505; Pub. L.

99-64, title I, Sec. 104, July 12, 1985, 99 Stat. 122; Pub. L.

100-418, title II, Secs. 2411, 2412, Aug. 23, 1988, 102 Stat.

1347.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-72, Sept. 29, 1979,

93 Stat. 503, as amended, known as the Export Administration Act of

1979, which enacted sections 2401 to 2420 of this Appendix, amended

section 1732 of Title 7, Agriculture, sections 2778 and 3108 of

Title 22, Foreign Relations and Intercourse, section 993 of Title

26, Internal Revenue Code, and sections 6212 and 6274 of Title 42,

The Public Health and Welfare, and enacted provisions set out as

notes under sections 2401, 2406, and 2409 of this Appendix and

section 3108 of Title 22. For complete classification of this Act

to the Code, see Short Title note set out under section 2401 of

this Appendix and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2403, Pub. L. 91-184, Sec. 4, Dec. 30, 1969, 83

Stat. 842; Pub. L. 92-412, title I, Sec. 104(a), (b)(1), Aug. 29,

1972, 86 Stat. 644, 645; Pub. L. 93-500, Secs. 3(a), 5(a), 7, 9,

10, 12, Oct. 29, 1974, 88 Stat. 1552-1557; Pub. L. 95-52, title I,

Secs. 103(a), (b)(1)-(3), (c), 104-110, 113(b), title II, Sec.

201(b), June 22, 1977, 91 Stat. 235-239, 241, 246; Pub. L. 95-223,

title III, Sec. 301(a), (b)(1), Dec. 28, 1977, 91 Stat. 1629; Pub.

L. 95-384. Sec. 6(d)(2), Sept. 26, 1978, 92 Stat. 731; Pub. L.

95-435, Sec. 5(d), Oct. 10, 1978, 92 Stat. 1052; Pub. L. 96-67,

Sec. 2, Sept. 21, 1979, 93 Stat. 415, setting forth provisions

relating to authorities to effectuate policies and limitations on

exercise of authorities, expired on Sept. 30, 1979.

AMENDMENTS

1988 - Subsec. (a)(2)(A). Pub. L. 100-418, Sec. 2412(1), inserted

exception authorizing the Secretary to establish a type of

distribution license appropriate to consignees in the People's

Republic of China.

Subsec. (a)(2)(B). Pub. L. 100-418, Sec. 2412(2), inserted

"(except the People's Republic of China)" after "controlled

countries".

Subsec. (g). Pub. L. 100-418, Sec. 2411, added subsec. (g).

1985 - Subsec. (a)(2). Pub. L. 99-64, Sec. 104(a), amended par.

(2) generally, substituting provisions relating to validated

licenses authorizing multiple exports including, but not limited

to, distribution licenses, comprehensive operations licenses,

project licenses, and service supply licenses, for former

provisions which read: "A qualified general license, authorizing

multiple exports, issued pursuant to an application by the

exporter."

Subsec. (b). Pub. L. 99-64, Sec. 104(b), substituted "Control

list" for "Commodity control list" in heading and, in text,

substituted "control list" for "commodity control list" and

"stating license requirements (other than for general licenses) for

exports of goods and technology under this Act" for "consisting of

any goods or technology subject to export controls under this Act".

Subsec. (c). Pub. L. 99-64, Sec. 104(c), substituted "sufficient"

for "significant", inserted "so as to render the controls

ineffective in achieving their purposes", and inserted provisions

directing that, in complying with the provisions of this

subsection, the President shall give strong emphasis to bilateral

or multilateral negotiations to eliminate foreign availability, and

that the Secretary and the Secretary of Defense shall cooperate in

gathering information relating to foreign availability, including

the establishment and maintenance of a jointly operated computer

system.

Subsec. (f). Pub. L. 99-64, Sec. 104(d), amended subsec. (f)

generally, substituting "representatives of a broad spectrum of

enterprises, labor organizations, and citizens interested in or

affected by export controls, in order to obtain their views on

United States export control policy and the foreign availability of

goods and technology" for "representatives of the business sector

in order to obtain their views on export control policy and the

foreign availability of goods and technology".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-EXEC-

EXECUTIVE ORDER NO. 11533

Ex. Ord. No. 11533, June 4, 1970, 35 F.R. 8799, as amended by Ex.

Ord. No. 11907, Mar. 1, 1976, 41 F.R. 9085, which provided for the

administration of the Export Administration Act of 1969, was

revoked by Ex. Ord. No. 12002, July 7, 1977, 42 F.R. 35623, set out

below.

EXECUTIVE ORDER NO. 11677

Ex. Ord. No. 11677, Aug. 1, 1972, 37 F.R. 15483, formerly set out

as a note under this section, which provided for the regulation of

exports, was revoked by Ex. Ord. No. 11683, Aug. 29, 1972, 37 F.R.

17813.

EXECUTIVE ORDER NO. 11683

Ex. Ord. No. 11683, Aug. 29, 1972, 37 F.R. 17813, which revoked

Ex. Ord. No. 11677, was revoked by Ex. Ord. No. 12002, July 7,

1977, 42 F.R. 35623, set out below.

EXECUTIVE ORDER NO. 11798

Ex. Ord. No. 11798, Aug. 14, 1974, 39 F.R. 29567, which provided

for the continuing regulation of exports, was revoked by Ex. Ord.

No. 12002, July 7, 1977, 42 F.R. 35623, set out below.

EXECUTIVE ORDER NO. 11818

Ex. Ord. No. 11818, Nov. 5, 1974, 39 F.R. 39429, which provided

for the continuing regulation of exports, was revoked by Ex. Ord.

No. 12002, July 7, 1977, 42 F.R. 35623, set out below.

EXECUTIVE ORDER NO. 11940

Ex. Ord. No. 11940, Sept. 30, 1976, 41 F.R. 43707, which provided

for the continuing regulation of exports, was revoked by Ex. Ord.

No. 12002, July 7, 1977, 42 F.R. 35623, set out below.

EX. ORD. NO. 12002. ADMINISTRATION OF EXPORT ADMINISTRATION ACT

Ex. Ord. No. 12002, July 7, 1977, 42 F.R. 35623, as amended by

Ex. Ord. No. 12755, Mar. 12, 1991, 56 F.R. 11057; Ex. Ord. No.

13286, Sec. 54, Feb. 28, 2003, 68 F.R. 10629, provided:

By virtue of the authority vested in me by the Constitution and

statutes of the United States of America, including the Export

Administration Act of 1969, as amended (50 U.S.C. App. 2401, et

seq.), and as President of the United States of America, it is

hereby ordered as follows:

Section 1. Except as provided in Section 2, the power, authority,

and discretion conferred upon the President by the provisions of

the Export Administration Act of 1969, as amended (50 U.S.C. App.

2401, et seq.), hereinafter referred to as the Act, are delegated

to the Secretary of Commerce, with the power of successive

redelegation.

Sec. 2. (a) The power, authority and discretion conferred upon

the President in Sections 4(h) and 4(l) of the Act are retained by

the President.

(b) The power, authority and discretion conferred upon the

President in Section 3(8) of the Act [section 2402(8) of this

Appendix], which directs that every reasonable effort be made to

secure the removal or reduction of assistance by foreign countries

to international terrorists through cooperation and agreement, are

delegated to the Secretary of State, with the power of successive

redelegation.

Sec. 3. The Export Administration Review Board, hereinafter

referred to as the Board, which was established by Executive Order

No. 11533 of June 4, 1970, as amended, is hereby continued. The

Board shall continue to have as its members, the Secretary of

Commerce, who shall be Chairman of the Board, the Secretary of

State, and the Secretary of Defense. The Secretary of Energy, the

Secretary of Homeland Security, and the Director of the United

States Arms Control and Disarmament Agency shall be members of the

Board, and shall participate in meetings that consider issues

involving nonproliferation of armaments and other issues within

their respective statutory and policy-making authorities. The

Chairman of the Joint Chiefs of Staff and the Director of Central

Intelligence shall be non-voting members of the Board. No alternate

Board members shall be designated, but the acting head or deputy

head of any department or agency may serve in lieu of the head of

the concerned department or agency. The Board may invite the heads

of other United States Government departments or agencies, other

than the agencies represented by the Board members, to participate

in the activities of the Board when matters of interest to such

departments or agencies are under consideration.

Sec. 4. The Secretary of Commerce may from time to time refer to

the Board such particular export license matters, involving

questions of national security or other major policy issues, as the

Secretary shall select. The Secretary of Commerce shall also refer

to the Board any other such export license matter, upon the request

of any other member of the Board or of the head of any other United

States Government department or agency having any interest in such

matter. The Board shall consider the matters so referred to it,

giving due consideration to the foreign policy of the United

States, the national security, concerns about the nonproliferation

of armaments, and the domestic economy, and shall make

recommendation thereon to the Secretary of Commerce.

Sec. 5. The President may at any time (a) prescribe rules and

regulations applicable to the power, authority, and discretion

referred to in this Order, and (b) communicate to the Secretary of

Commerce such specific directives applicable thereto as the

President shall determine. The Secretary of Commerce shall from

time to time report to the President upon the administration of the

Act and, as the Secretary deems necessary, may refer to the

President recommendations made by the Board under Section 4 of this

Order. Neither the provisions of this section nor those of Section

4 shall be construed as limiting the provisions of Section 1 of

this Order.

Sec. 6. All delegations, rules, regulations, orders, licenses,

and other forms of administrative action made, issued, or otherwise

taken under, or continued in existence by, the Executive orders

revoked in Section 7 of this Order, and not revoked

administratively or legislatively, shall remain in full force and

effect under this Order until amended, modified, or terminated by

proper authority. The revocations in Section 7 of this Order shall

not affect any violation of any rules, regulations, orders,

licenses or other forms of administrative action under those Orders

during the period those Orders were in effect.

Sec. 7. Executive Order No. 11533 of June 4, 1970, Executive

Order No. 11683 of August 29, 1972, Executive Order No. 11798 of

August 14, 1974, Executive Order No. 11818 of November 5, 1974,

Executive Order No. 11907 of March 1, 1976, and Executive Order No.

11940 of September 30, 1976 are hereby revoked.

[For abolition, transfer of functions, and treatment of

references to United States Arms Control and Disarmament Agency,

see section 6511 et seq. of Title 22, Foreign Relations and

Intercourse.]

EX. ORD. NO. 12214. ADMINISTRATION OF EXPORT ADMINISTRATION ACT

Ex. Ord. No. 12214, May 2, 1980, 45 F.R. 29783, provided:

By the authority vested in me as President of the United States

of America by Section 4(e) of the Export Administration Act of 1979

(Public Law 96-72; 50 U.S.C. App. 2403(e)), it is hereby ordered as

follows:

1-101. Except as provided in Section 1-102, the functions

conferred upon the President by the provisions of the Export

Administration Act of 1979, hereinafter referred to as the Act

(Public Law 96-72; 50 U.S.C. App. 2401 et seq.), are delegated to

the Secretary of Commerce.

1-102. (a) The functions conferred upon the President by Sections

4(e), 5(c), 5(f)(1), 5(h)(6), 6(k), 7(d)(2), 10(g) and 20 of the

Act [50 U.S.C. App. 2403(e), 2404(c), 2404(f)(1), 2404(h)(6),

2405(k), 2406(d)(2), 2409(g) and 2419] are reserved to the

President.

(b) The functions conferred upon the President by Sections

5(f)(4), 5(i), and 6(g) of the Act [50 U.S.C. App. 2404(f)(4),

2404(i), and 2405(g)] are delegated to the Secretary of State.

1-103. All delegations, rules, regulations, orders, licenses, and

other forms of administrative action made, issued or otherwise

taken under, or continued in existence by, Section 21 of the Act

[50 U.S.C. App. 2420] or Executive Order No. 12002 [set out above],

and not revoked administratively or legislatively, shall remain in

full force and effect until amended, modified, or terminated by

proper authority. This Order does not supersede or otherwise affect

Executive Order No. 12002.

1-104. Except to the extent inconsistent with this Order, all

actions previously taken pursuant to any function delegated or

assigned by this Order shall be deemed to have been taken and

authorized by this Order.

Jimmy Carter.

EXECUTIVE ORDER NO. 12264

Ex. Ord. No. 12264, Jan. 15, 1981, 46 F.R. 4659, which related to

the Federal policy regarding the export of banned or significantly

restricted substances, was revoked by Ex. Ord. No. 12290, Feb. 17,

1981, 46 F.R. 12943, set out below.

EX. ORD. NO. 12290. IMPLEMENTATION OF EXPORT ADMINISTRATION ACT

WITH MINIMUM REGULATORY BURDEN

Ex. Ord. No. 12290, Feb. 17, 1981, 46 F.R. 12943, provided:

By the authority vested in me as President by the Constitution of

the United States of America, and in order to ensure that the

Export Administration Act of 1979 [sections 2401 to 2420 of this

Appendix] is implemented with the minimum regulatory burden,

Executive Order No. 12264 of January 15, 1981, entitled "On Federal

Policy Regarding the Export of Banned or Significantly Restricted

Substances," is hereby revoked.

Ronald Reagan.

CONTINUATION OF EXPORT CONTROL REGULATIONS

Provisions relating to continued effectiveness of the Export

Administration Act of 1979, 50 App. U.S.C. 2401 et seq., and to

issuance and continued effectiveness of rules, regulations, orders,

licenses, and other forms of administrative action and delegations

of authority relating to administration of that Act, were contained

in the following:

Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025, set out as a

note under section 1701 of Title 50, War and National Defense.

Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397, set out as a

note under section 1701 of Title 50.

Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, formerly set

out as a note under section 1701 of Title 50, prior to revocation

by Ex. Ord. No. 13206, Sec. 1, Apr. 4, 2001, 66 F.R. 18397.

Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, formerly set

out as a note under section 1701 of Title 50, prior to revocation

by Ex. Ord. No. 12924, Sec. 4, Aug. 19, 1994, 59 F.R. 43438.

Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747, set out as a

note under section 1701 of Title 50.

Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, formerly set

out as a note under section 1701 of Title 50, prior to revocation

by Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747.

Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, set out as a

note under section 1701 of Title 50.

Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, formerly set

out as a note under section 1701 of Title 50, prior to revocation

by Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757.

Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, set out as a

note under section 1701 of Title 50.

Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, formerly set

out as a note under section 1701 of Title 50, prior to revocation

by Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.

EX. ORD. NO. 12981. ADMINISTRATION OF EXPORT CONTROLS

Ex. Ord. No. 12981, Dec. 5, 1995, 60 F.R. 62981, as amended by

Ex. Ord. No. 13020, Oct. 12, 1996, 61 F.R. 54079; Ex. Ord. No.

13026, Sec. 1(b), Nov. 15, 1996, 61 F.R. 58767; Ex. Ord. No. 13117,

Mar. 31, 1999, 64 F.R. 16591, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including but not

limited to the International Emergency Economic Powers Act (50

U.S.C. 1701 et. seq.) ("the Act"), and in order to take additional

steps with respect to the national emergency described and declared

in Executive Order No. 12924 of August 19, 1994 [50 U.S.C. 1701

note], and continued on August 15, 1995, I, WILLIAM J. CLINTON,

President of the United States of America, find that it is

necessary for the procedures set forth below to apply to export

license applications submitted under the Act and the Export

Administration Regulations (15 C.F.R. Part 730 et. seq.) ("the

Regulations") or under any renewal of, or successor to, the Export

Administration Act of 1979, as amended (50 U.S.C. App. 2401 et.

seq.) ("the Export Administration Act"), and the Regulations.

Accordingly, it is hereby ordered as follows:

Section 1. License Review. To the extent permitted by law and

consistent with Executive Order No. 12924 of August 19, 1994, the

power, authority, and discretion conferred upon the Secretary of

Commerce ("the Secretary") under the Export Administration Act to

require, review, and make final determinations with regard to

export licenses, documentation, and other forms of information

submitted to the Department of Commerce pursuant to the Act and the

Regulations or under any renewal of, or successor to, the Export

Administration Act and the Regulations, with the power of

successive redelegation, shall continue. The Departments of State,

Defense, and Energy each shall have the authority to review any

export license application submitted to the Department of Commerce

pursuant to the Act and the Regulations or under any renewal of, or

successor to, the Export Administration Act and the Regulations.

The Secretary may refer license applications to other United States

Government departments or agencies for review as appropriate. In

the event that a department or agency determines that certain types

of applications need not be referred to it, such department or

agency shall notify the Department of Commerce as to the specific

types of such applications that it does not wish to review. All

departments or agencies shall promptly respond, on a case-by-case

basis, to requests from other departments or agencies for

historical information relating to past license applications.

Sec. 2. Determinations. (a) All license applications submitted

under the Act and the Regulations or any renewal of, or successor

to, the Export Administration Act and the Regulations, shall be

resolved or referred to the President no later than 90 calendar

days after registration of the completed license application.

(b) The following actions related to processing a license

application submitted under the Act and the Regulations or any

renewal of, or successor to, the Export Administration Act and the

Regulations shall not be counted in calculating the time periods

prescribed in this order:

(1) Agreement of the Applicant. Delays upon which the Secretary

and the applicant mutually agree.

(2) Prelicense Checks. Prelicense checks through government

channels that may be required to establish the identity and

reliability of the recipient of items controlled under the Act and

the Regulations or any renewal of, or successor to, the Export

Administration Act and the Regulations, provided that:

(A) the need for such prelicense check is established by the

Secretary, or by another department or agency if the request for

prelicense check is made by such department or agency;

(B) the Secretary requests the prelicense check within 5 days of

the determination that it is necessary; and

(C) the Secretary completes the analysis of the result of the

prelicense check within 5 days.

(3) Requests for Government-To-Government Assurances. Requests

for government-to-government assurances of suitable end-use of

items approved for export under the Act and the Regulations or any

renewal of, or successor to, the Export Administration Act and the

Regulations, when failure to obtain such assurances would result in

rejection of the application, provided that:

(A) the request for such assurances is sent to the Secretary of

State within 5 days of the determination that the assurances are

required;

(B) the Secretary of State initiates the request of the relevant

government within 10 days thereafter; and

(C) the license is issued within 5 days of the Secretary's

receipt of the requested assurances. Whenever such prelicense

checks and assurances are not requested within the time periods set

forth above, they must be accomplished within the time periods

established by this section.

(4) Multilateral Reviews. Multilateral review of a license

application as provided for under the Act and the Regulations or

any renewal of, or successor to, the Export Administration Act and

the Regulations, as long as multilateral review is required by the

relevant multilateral regime.

(5) Consultations. Consultation with other governments, if such

consultation is provided for by a relevant multilateral regime or

bilateral arrangement as a precondition for approving a license.

Sec. 3. Initial Processing. Within 9 days of registration of any

license application, the Secretary shall, as appropriate:

(a) request additional information from the applicant. The time

required for the applicant to supply the additional information

shall not be counted in calculating the time periods prescribed in

this section.

(b) refer the application and pertinent information to agencies

or departments as stipulated in section 1 of this order, and

forward to the agencies any relevant information submitted by the

applicant that could not be reduced to electronic form.

(c) assure that the stated classification on the application is

correct; return the application if a license is not required; and,

if referral to other departments or agencies is not required, grant

the application or notify the applicant of the Secretary's

intention to deny the application.

Sec. 4. Department or Agency Review. (a) Each reviewing

department or agency shall specify to the Secretary, within 10 days

of receipt of a referral as specified in subsection 3(b), any

information not in the application that would be required to make a

determination, and the Secretary shall promptly request such

information from the applicant. If, after receipt of the

information so specified or other new information, a reviewing

department or agency concludes that additional information would be

required to make a determination, it shall promptly specify that

additional information to the Secretary, and the Secretary shall

promptly request such information from the applicant. The time that

may elapse between the date the information is requested by the

reviewing department or agency and the date the information is

received by the reviewing department or agency shall not be counted

in calculating the time periods prescribed in this order. Such

information specified by reviewing departments or agencies is in

addition to any information that may be requested by the Department

of Commerce on its own initiative during the first 9 days after

registration of an application.

(b) Within 30 days of receipt of a referral and all required

information, a department or agency shall provide the Secretary

with a recommendation either to approve or deny the license

application. As appropriate, such recommendation may be with the

benefit of consultation and discussions in interagency groups

established to provide expertise and coordinate interagency

consultation. A recommendation that the Secretary deny a license

shall include a statement of the reasons for such recommendation

that are consistent with the provisions of the Act and the

Regulations or any renewal of, or successor to, the Export

Administration Act and the Regulations and shall cite both the

statutory and the regulatory bases for the recommendation to deny.

A department or agency that fails to provide a recommendation

within 30 days with a statement of reasons and the statutory and

regulatory bases shall be deemed to have no objection to the

decision of the Secretary.

Sec. 5. Interagency Dispute Resolution. (a) Committees. (1)(A)

Export Administration Review Board. The Export Administration

Review Board ("the Board"), which was established by Executive

Order No. 11533 of June 4, 1970 [formerly set out above], and

continued in Executive Order No. 12002 of July 7, 1977 [set out

above], is hereby continued. The Board shall have as its members,

the Secretary, who shall be Chair of the Board, the Secretary of

State, the Secretary of Defense, and the Secretary of Energy[.] The

Chairman of the Joint Chiefs of Staff and the Director of Central

Intelligence shall be nonvoting members of the Board. No alternate

Board members shall be designated, but the acting head or deputy

head of any member department or agency may serve in lieu of the

head of the concerned department or agency. The Board may invite

the heads of other United States Government departments or

agencies, other than the departments or agencies represented by the

Board members, to participate in the activities of the Board when

matters of interest to such departments or agencies are under

consideration.

(B) The Secretary may, from time to time, refer to the Board such

particular export license matters, involving questions of national

security or other major policy issues, as the Secretary shall

select. The Secretary shall also refer to the Board any other such

export license matter, upon the request of any other member of the

Board or the head of any other United States Government department

or agency having any interest in such matter. The Board shall

consider the matters so referred to it, giving due consideration to

the foreign policy of the United States, the national security, the

domestic economy, and concerns about the proliferation of

armaments, weapons of mass destruction, missile delivery systems,

and advanced conventional weapons and shall make recommendations

thereon to the Secretary.

(2) Advisory Committee on Export Policy. An Advisory Committee on

Export Policy ("ACEP") is established and shall have as its members

the Assistant Secretary of Commerce for Export Administration, who

shall be Chair of the ACEP, and Assistant Secretary-level

representatives of the Departments of State, Defense, and Energy[.]

Appropriate representatives of the Joint Chiefs of Staff and of the

Nonproliferation Center of the Central Intelligence Agency shall be

nonvoting members of the ACEP. Representatives of the departments

or agencies shall be the appropriate Assistant Secretary or

equivalent (or appropriate acting Assistant Secretary or equivalent

in lieu of the Assistant Secretary or equivalent) of the concerned

department or agency, or appropriate Deputy Assistant Secretary or

equivalent (or the appropriate acting Deputy Assistant Secretary or

equivalent in lieu of the Deputy Assistant Secretary or equivalent)

of the concerned department or agency. Regardless of the department

or agency representative's rank, such representative shall speak

and vote at the ACEP on behalf of the appropriate Assistant

Secretary or equivalent of such department or agency. The ACEP may

invite Assistant Secretary-level representatives of other United

States Government departments or agencies, other than the

departments and agencies represented by the ACEP members, to

participate in the activities of the ACEP when matters of interest

to such departments or agencies are under consideration.

(3)(A) Operating Committee. An Operating Committee ("OC") of the

ACEP is established. The Secretary shall appoint its Chair, who

shall also serve as Executive Secretary of the ACEP. Its other

members shall be representatives of appropriate agencies in the

Departments of Commerce, State, Defense, and Energy[.] The

appropriate representatives of the Joint Chiefs of Staff and the

Nonproliferation Center of the Central Intelligence Agency shall be

nonvoting members of the OC. The OC may invite representatives of

other United States Government departments or agencies, other than

the departments and agencies represented by the OC members, to

participate in the activities of the OC when matters of interest to

such departments or agencies are under consideration.

(B) The OC shall review all license applications on which the

reviewing departments and agencies are not in agreement. The Chair

of the OC shall consider the recommendations of the reviewing

departments and agencies and inform them of his or her decision on

any such matters within 14 days after the deadline for receiving

department and agency recommendations. However, for license

applications concerning commercial communication satellites and

hot-section technologies for the development, production, and

overhaul of commercial aircraft engines that are transferred from

the United States Munitions List to the Commerce Control List

pursuant to regulations issued by the Departments of Commerce and

State after the date of this order, the Chair of the OC shall

inform reviewing departments and agencies of the majority vote

decision of the OC. As described below, any reviewing department or

agency may appeal the decision of the Chair of the OC, or the

majority vote decision of the OC in cases concerning the commercial

communication satellites and hot-section technologies described

above, to the Chair of the ACEP. In the absence of a timely appeal,

the Chair's decision (or the majority vote decision in the case of

license applications concerning the commercial communication

satellites and hot-section technologies described above) will be

final.

(b) Resolution Procedures. (1) If any department or agency

disagrees with a licensing determination of the Department of

Commerce made through the Chair of the OC (or a majority vote

decision of the OC in the case of license applications concerning

the commercial communication satellites and the hot-section

technologies described in section 5(a)(3)(B)), it may appeal the

matter to the ACEP for resolution. A department or agency must

appeal a matter within 5 days of such a decision. Appeals must be

in writing from an official appointed by the President, by and with

the advice and consent of the Senate, or an officer properly acting

in such capacity, and must cite both the statutory and the

regulatory bases for the appeal. The ACEP shall review all

departments' and agencies' information and recommendations, and the

Chair of the ACEP shall inform the reviewing departments and

agencies of the majority vote decision of the ACEP within 11 days

from the date of receiving notice of the appeal. Within 5 days of

the majority vote decision, any dissenting department or agency may

appeal the decision by submitting a letter from the head of the

department or agency to the Secretary in his or her capacity as the

Chair of the Board. Such letter shall cite both the statutory and

the regulatory bases for the appeal. Within the same 5-day period,

the Secretary may call a meeting on his or her own initiative to

consider a license application. In the absence of a timely appeal,

the majority vote decision of the ACEP shall be final.

(2) The Board shall review all departments' and agencies'

information and recommendations, and such other export control

matters as may be appropriate. The Secretary shall inform the

reviewing departments and agencies of the majority vote of the

Board within 11 days from the date of receiving notice of appeal.

Within 5 days of the decision, any department or agency dissenting

from the majority vote decision of the Board may appeal the

decision by submitting a letter from the head of the dissenting

department or agency to the President. In the absence of a timely

appeal, the majority vote decision of the Board shall be final.

Sec. 6. Encryption Products. In conducting the license review

described in section 1 above, with respect to export controls of

encryption products that are or would be, on November 15, 1996,

designated as defense articles in Category XIII of the United

States Munitions List and regulated by the United States Department

of State pursuant to the Arms Export Control Act, 22 U.S.C. 2778 et

seq., but that subsequently are placed on the Commerce Control List

in the Export Administration Regulations, the Departments of State,

Defense, Energy, and Justice shall have the opportunity to review

any export license application submitted to the Department of

Commerce. The Department of Justice shall, with respect to such

encryption products, be a voting member of the Export

Administration Review Board described in section 5(a)(1) of this

order and of the Advisory Committee on Export Policy described in

section 5(a)(2) of this order. The Department of Justice shall be a

full member of the Operating Committee of the ACEP described in

section 5(a)(3) of this order, and of any other committees and

consultation groups reviewing export controls with respect to such

encryption products.

Sec. 7. The license review process in this order shall take

effect beginning with those license applications registered by the

Secretary 60 days after the date of this order and shall continue

in effect to the extent not inconsistent with any renewal of the

Export Administration Act, or with any successor to that Act.

Sec. 8. Judicial Review. This order is intended only to improve

the internal management of the executive branch and is not intended

to, and does not, create any rights to administrative or judicial

review, or any other right or benefit or trust responsibility,

substantive or procedural, enforceable by a party against the

United States, its agencies or instrumentalities, its officers or

employees, or any other person.

William J. Clinton.

[For abolition, transfer of functions, and treatment of

references to United States Arms Control and Disarmament Agency,

see section 6511 et seq. of Title 22, Foreign Relations and

Intercourse.]

EX. ORD. NO. 13026. ADMINISTRATION OF EXPORT CONTROLS ON ENCRYPTION

PRODUCTS

Ex. Ord. No. 13026, Nov. 15, 1996, 61 F.R. 58767, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including but not

limited to the International Emergency Economic Powers Act (50

U.S.C. 1701 et seq.), and in order to take additional steps with

respect to the national emergency described and declared in

Executive Order 12924 of August 19, 1994 [50 U.S.C. 1701 note], and

continued on August 15, 1995, and on August 14, 1996, I, WILLIAM J.

CLINTON, President of the United States of America, have decided

that the provisions set forth below shall apply to administration

of the export control system maintained by the Export

Administration Regulations, 15 CFR Part 730 et seq. ("the EAR").

Accordingly, it is hereby ordered as follows:

Section 1. Treatment of Encryption Products. In order to provide

for appropriate controls on the export and foreign dissemination of

encryption products, export controls of encryption products that

are or would be, on this date, designated as defense articles in

Category XIII of the United States Munitions List and regulated by

the United States Department of State pursuant to the Arms Export

Control Act, 22 U.S.C. 2778 et seq. ("the AECA"), but that

subsequently are placed on the Commerce Control List in the EAR,

shall be subject to the following conditions: (a) I have determined

that the export of encryption products described in this section

could harm national security and foreign policy interests even

where comparable products are or appear to be available from

sources outside the United States, and that facts and questions

concerning the foreign availability of such encryption products

cannot be made subject to public disclosure or judicial review

without revealing or implicating classified information that could

harm United States national security and foreign policy interests.

Accordingly, sections 4(c) and 6(h)(2)-(4) of the Export

Administration Act of 1979 ("the EAA"), 50 U.S.C. App. 2403(c) and

2405(h)(2)-(4), as amended and as continued in effect by Executive

Order 12924 of August 19, 1994, and by notices of August 15, 1995,

and August 14, 1996, all other analogous provisions of the EAA

relating to foreign availability, and the regulations in the EAR

relating to such EAA provisions, shall not be applicable with

respect to export controls on such encryption products.

Notwithstanding this, the Secretary of Commerce ("Secretary") may,

in his discretion, consider the foreign availability of comparable

encryption products in determining whether to issue a license in a

particular case or to remove controls on particular products, but

is not required to issue licenses in particular cases or to remove

controls on particular products based on such consideration;

(b) [Amended Ex. Ord. No. 12981, set out above;]

(c) Because the export of encryption software, like the export of

other encryption products described in this section, must be

controlled because of such software's functional capacity, rather

than because of any possible informational value of such software,

such software shall not be considered or treated as "technology,"

as that term is defined in section 16 of the EAA (50 U.S.C. App.

2415) and in the EAR (61 Fed. Reg. 12714, March 25, 1996);

(d) With respect to encryption products described in this

section, the Secretary shall take such actions, including the

promulgation of rules, regulations, and amendments thereto, as may

be necessary to control the export of assistance (including

training) to foreign persons in the same manner and to the same

extent as the export of such assistance is controlled under the

AECA, as amended by section 151 of Public Law 104-164 [see 22

U.S.C. 2778(b)(1)(A)];

(e) Appropriate controls on the export and foreign dissemination

of encryption products described in this section may include, but

are not limited to, measures that promote the use of strong

encryption products and the development of a key recovery

management infrastructure; and

(f) Regulation of encryption products described in this section

shall be subject to such further conditions as the President may

direct.

Sec. 2. Effective Date. The provisions described in section 1

shall take effect as soon as any encryption products described in

section 1 are placed on the Commerce Control List in the EAR.

Sec. 3. Judicial Review. This order is intended only to improve

the internal management of the executive branch and to ensure the

implementation of appropriate controls on the export and foreign

dissemination of encryption products. It is not intended to, and

does not, create any rights to administrative or judicial review,

or any other right or benefit or trust responsibility, substantive

or procedural, enforceable by a party against the United States,

its agencies or instrumentalities, its officers or employees, or

any other person.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2404, 2406, 2409, 2411,

2413, 2414 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2403-1 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2403-1. Repealed. Pub. L. 103-199, title II, Sec. 203(b), Dec.

17, 1993, 107 Stat. 2322

-MISC1-

Section, Pub. L. 93-365, title VII, Sec. 709, Aug. 5, 1974, 88

Stat. 408, related to review by Secretary of Defense of

applications for export to controlled country of any goods,

technology, or industrial techniques developed with Department of

Defense funds for purpose of determining whether such export would

significantly increase military capability of such country.

-End-

-CITE-

50 USC APPENDIX Secs. 2403-1a, 2403a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Secs. 2403-1a, 2403a. Omitted

-COD-

CODIFICATION

Section 2403-1a, Pub. L. 91-184, Sec. 4A, as added Pub. L. 95-52,

title II, Sec. 201(a), June 22, 1977, 91 Stat. 244, which set forth

provisions prohibiting United States persons from participating in

foreign boycotts and administrative enforcement of such

prohibitions, expired on Sept. 3, 1979.

Section 2403a, Pub. L. 91-184, Sec. 4B, formerly Sec. 4A, as

added Pub. L. 93-500, Sec. 8, Oct. 29, 1974, 88 Stat. 1554,

renumbered Pub. L. 95-52, title II, Sec. 201(a), June 22, 1977, 91

Stat. 244, which set forth procedures applicable for relief from

export controls upon showing of hardship, expired on Sept. 30,

1979.

-End-

-CITE-

50 USC APPENDIX Sec. 2404 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2404. National security controls

-STATUTE-

(a) Authority

(1) In order to carry out the policy set forth in section 3(2)(A)

of this Act [section 2402(2)(A) of this Appendix], the President

may, in accordance with the provisions of this section, prohibit or

curtail the export of any goods or technology subject to the

jurisdiction of the United States or exported by any person subject

to the jurisdiction of the United States. The authority contained

in this subsection includes the authority to prohibit or curtail

the transfer of goods or technology within the United States to

embassies and affiliates of controlled countries. For purposes of

the preceding sentence, the term "affiliates" includes both

governmental entities and commercial entities that are controlled

in fact by controlled countries. The authority contained in this

subsection shall be exercised by the Secretary, in consultation

with the Secretary of Defense, and such other departments and

agencies as the Secretary considers appropriate, and shall be

implemented by means of export licenses described in section 4(a)

of this Act [section 2403(a) of this Appendix].

(2) Whenever the Secretary makes any revision with respect to any

goods or technology, or with respect to the countries or

destinations, affected by export controls imposed under this

section, the Secretary shall publish in the Federal Register a

notice of such revision and shall specify in such notice that the

revision relates to controls imposed under the authority contained

in this section.

(3) In issuing regulations to carry out this section, particular

attention shall be given to the difficulty of devising effective

safeguards to prevent a country that poses a threat to the security

of the United States from diverting critical technologies to

military use, the difficulty of devising effective safeguards to

protect critical goods, and the need to take effective measures to

prevent the reexport of critical technologies from other countries

to countries that pose a threat to the security of the United

States.

(4)(A) No authority or permission may be required under this

section to reexport any goods or technology subject to the

jurisdiction of the United States to any country which maintains

export controls on such goods or technology cooperatively with the

United States pursuant to the agreement of the group known as the

Coordinating Committee, or pursuant to an agreement described in

subsection (k) of this section. The Secretary may require any

person reexporting any goods or technology under this subparagraph

to notify the Secretary of such reexports.

(B) Notwithstanding subparagraph (A), the Secretary may require

authority or permission to reexport the following:

(i) supercomputers;

(ii) goods or technology for sensitive nuclear uses (as defined

by the Secretary);

(iii) devices for surreptitious interception of wire or oral

communications; and

(iv) goods or technology intended for such end users as the

Secretary may specify by regulation.

(5)(A) Except as provided in subparagraph (B), no authority or

permission may be required under this section to reexport any goods

or technology subject to the jurisdiction of the United States from

any country when the goods or technology to be reexported are

incorporated in another good and -

(i) the value of the controlled United States content of that

other good is 25 percent or less of the total value of the good;

or

(ii) the export of the goods or technology to a controlled

country would require only notification of the participating

governments of the Coordinating Committee.

For purposes of this paragraph, the "controlled United States

content" of a good means those goods or technology subject to the

jurisdiction of the United States which are incorporated in the

good, if the export of those goods or technology from the United

States to a country, at the time that the good is exported to that

country, would require a validated license.

(B) The Secretary may by regulation provide that subparagraph (A)

does not apply to the reexport of a supercomputer which contains

goods or technology subject to the jurisdiction of the United

States.

(6) Not later than 90 days after the date of the enactment of

this paragraph [Aug. 23, 1988], the Secretary shall issue

regulations to carry out paragraphs (4) and (5). Such regulations

shall define the term "supercomputer" for purposes of those

paragraphs.

(b) Policy toward individual countries

(1) In administering export controls for national security

purposes under this section, the President shall establish as a

list of controlled countries those countries set forth in section

620(f) of the Foreign Assistance Act of 1961 [22 U.S.C. 2370(f)],

except that the President may add any country to or remove any

country from such list of controlled countries if he determines

that the export of goods or technology to such country would or

would not (as the case may be) make a significant contribution to

the military potential of such country or a combination of

countries which would prove detrimental to the national security of

the United States. In determining whether a country is added to or

removed from the list of controlled countries, the President shall

take into account -

(A) the extent to which the country's policies are adverse to

the national security interests of the United States;

(B) the country's Communist or non-Communist status;

(C) the present and potential relationship of the country with

the United States;

(D) the present and potential relationships of the country with

countries friendly or hostile to the United States;

(E) the country's nuclear weapons capability and the country's

compliance record with respect to multilateral nuclear weapons

agreements to which the United States is a party; and

(F) such other factors as the President considers appropriate.

Nothing in the preceding sentence shall be interpreted to limit the

authority of the President provided in this Act [sections 2401 to

2420 of this Appendix] to prohibit or curtail the export of any

goods or technology to any country to which exports are controlled

for national security purposes other than countries on the list of

controlled countries specified in this paragraph. The President

shall review not less frequently than every three years in the case

of controls maintained cooperatively with other nations, and

annually in the case of all other controls, United States policy

toward individual countries to determine whether such policy is

appropriate in light of the factors set forth in this paragraph.

(2)(A) Except as provided in subparagraph (B), no authority or

permission may be required under this section to export goods or

technology to a country which maintains export controls on such

goods or technology cooperatively with the United States pursuant

to the agreement of the group known as the Coordinating Committee

or pursuant to an agreement described in subsection (k) of this

section, if the export of such goods or technology to the People's

Republic of China or a controlled country on the date of the

enactment of the Export Enhancement Act of 1988 [Aug. 23, 1988]

would require only notification of the participating governments of

the Coordinating Committee.

(B)(i) The Secretary may require a license for the export of

goods or technology described in subparagraph (A) to such end users

as the Secretary may specify by regulation.

(ii) The Secretary may require any person exporting goods or

technology under this paragraph to notify the Secretary of those

exports.

(C) The Secretary shall, within 3 months after the date of the

enactment of the Export Enhancement Act of 1988 [Aug. 23, 1988],

determine which countries referred to in subparagraph (A) are

implementing an effective export control system consistent with

principles agreed to in the Coordinating Committee, including the

following:

(i) national laws providing appropriate civil and criminal

penalties and statutes of limitations sufficient to deter

potential violations;

(ii) a program to evaluate export license applications that

includes sufficient technical expertise to assess the licensing

status of exports and ensure the reliability of end-users;

(iii) an enforcement mechanism that provides authority for

trained enforcement officers to investigate and prevent illegal

exports;

(iv) a system of export control documentation to verify the

movement of goods and technology; and

(v) procedures for the coordination and exchange of information

concerning violations of the agreement of the Coordinating

Committee.

The Secretary shall, at least once each year, review the

determinations made under the preceding sentence with respect to

all countries referred to in subparagraph (A). The Secretary may,

as appropriate, add countries to, or remove countries from, the

list of countries that are implementing an effective export control

system in accordance with this subparagraph. No authority or

permission to export may be required for the export of goods or

technology to a country on such list.

(3)(A) No authority or permission may be required under this

section to export to any country, other than a controlled country,

any goods or technology if the export of the goods or technology to

controlled countries would require only notification of the

participating governments of the Coordinating Committee.

(B) The Secretary may require any person exporting any goods or

technology under subparagraph (A) to notify the Secretary of those

exports.

(c) Control list

(1) The Secretary shall establish and maintain, as part of the

control list, a list of all goods and technology subject to export

controls under this section. Such goods and technology shall be

clearly identified as being subject to controls under this section.

(2) The Secretary of Defense and other appropriate departments

and agencies shall identify goods and technology for inclusion on

the list referred to in paragraph (1). Those items which the

Secretary and the Secretary of Defense concur shall be subject to

export controls under this section shall comprise such list. If the

Secretary and the Secretary of Defense are unable to concur on such

items, as determined by the Secretary, the Secretary of Defense

may, within 20 days after receiving notification of the Secretary's

determination, refer the matter to the President for resolution.

The Secretary of Defense shall notify the Secretary of any such

referral. The President shall, not later than 20 days after such

referral, notify the Secretary of his determination with respect to

the inclusion of such items on the list. Failure of the Secretary

of Defense to notify the President or the Secretary, or failure of

the President to notify the Secretary, in accordance with this

paragraph, shall be deemed by the Secretary to constitute

concurrence in the implementation of the actions proposed by the

Secretary regarding the inclusion of such items on the list.

(3) The Secretary shall conduct partial reviews of the list

established pursuant to this subsection at least once each calendar

quarter in order to carry out the policy set forth in section

3(2)(A) of this Act [section 2402(2)(A) of this Appendix] and the

provisions of this section, and shall promptly make such revisions

of the list as may be necessary after each such review. Before

beginning each quarterly review, the Secretary shall publish notice

of that review in the Federal Register. The Secretary shall provide

a 30-day period during each review for comment and the submission

of data, with or without oral presentation, by interested

Government agencies and other affected or potentially affected

parties. After consultation with appropriate Government agencies,

the Secretary shall make a determination of any revisions in the

list within 30 days after the end of the review period. The

concurrence or approval of any other department or agency is not

required before any such revision is made. The Secretary shall

publish in the Federal Register any revisions in the list, with an

explanation of the reasons for the revisions. The Secretary shall

use the data developed from each review in formulating United

States proposals relating to multilateral export controls in the

group known as the Coordinating Committee. The Secretary shall

further assess, as part of each review, the availability from

sources outside the United States of goods and technology

comparable to those subject to export controls imposed under this

section. All goods and technology on the list shall be reviewed at

least once each year. The provisions of this paragraph apply to

revisions of the list which consist of removing items from the list

or making changes in categories of, or other specifications in,

items on the list.

(4) The appropriate technical advisory committee appointed under

subsection (h) of this section shall be consulted by the Secretary

with respect to changes, pursuant to paragraph (2) or (3), in the

list established pursuant to this subsection, and such technical

advisory committee may submit recommendations to the Secretary with

respect to such changes. The Secretary shall consider the

recommendations of the technical advisory committee and shall

inform the committee of the disposition of its recommendations.

(5)(A) Not later than 6 months after the date of the enactment of

this paragraph [Aug. 23, 1988], the following shall no longer be

subject to export controls under this section:

(i) All goods or technology the export of which to controlled

countries on the date of the enactment of the Export Enhancement

Act of 1988 [Aug. 23, 1988] would require only notification of

the participating governments of the Coordinating Committee,

except for those goods or technology on which the Coordinating

Committee agrees to maintain such notification requirement.

(ii) All medical instruments and equipment, subject to the

provisions of subsection (m) of this section.

(B) The Secretary shall submit to the Congress annually a report

setting forth the goods and technology from which export controls

have been removed under this paragraph.

(6)(A) Notwithstanding subsection (f) or (h)(6) of this section,

any export control imposed under this section which is maintained

unilaterally by the United States shall expire 6 months after the

date of the enactment of this paragraph [Aug. 23, 1988], or 6

months after the export control is imposed, whichever date is

later, except that -

(i) any such export controls on those goods or technology for

which a determination of the Secretary that there is no foreign

availability has been made under subsection (f) or (h)(6) of this

section before the end of the applicable 6-month period and is in

effect may be renewed for periods of not more than 6 months each,

and

(ii) any such export controls on those goods or technology with

respect to which the President, by the end of the applicable

6-month period, is actively pursuing negotiations with other

countries to achieve multilateral export controls on those goods

or technology may be renewed for 2 periods of not more than 6

months each.

(B) Export controls on goods or technology described in clause

(i) or (ii) of subparagraph (A) may be renewed only if, before each

renewal, the President submits to the Congress a report setting

forth all the controls being renewed and stating the specific

reasons for such renewal.

(7) Notwithstanding any other provision of this subsection, after

1 year has elapsed since the last review in the Federal Register on

any item within a category on the control list the export of which

to the People's Republic of China would require only notification

of the members of the group known as the Coordinating Committee, an

export license applicant may file an allegation with the Secretary

that such item has not been so reviewed within such 1-year period.

Within 90 days after receipt of such allegation, the Secretary -

(A) shall determine the truth of the allegation;

(B) shall, if the allegation is confirmed, commence and

complete the review of the item; and

(C) shall, pursuant to such review, submit a finding for

publication in the Federal Register.

In such finding, the Secretary shall identify those goods or

technology which shall remain on the control list and those goods

or technology which shall be removed from the control list. If such

review and submission for publication are not completed within that

90-day period, the goods or technology encompassed by such item

shall immediately be removed from the control list.

(d) Militarily critical technologies

(1) The Secretary, in consultation with the Secretary of Defense,

shall review and revise the list established pursuant to subsection

(c), as prescribed in paragraph (3) of such subsection, for the

purpose of insuring that export controls imposed under this section

cover and (to the maximum extent consistent with the purposes of

this Act [sections 2401 to 2420 of this Appendix]) are limited to

militarily critical goods and technologies and the mechanisms

through which such goods and technologies may be effectively

transferred.

(2) The Secretary of Defense shall bear primary responsibility

for developing a list of militarily critical technologies. In

developing such list, primary emphasis shall be given to -

(A) arrays of design and manufacturing know-how,

(B) keystone manufacturing, inspection, and test equipment,

(C) goods accompanied by sophisticated operation, application,

or maintenance know-how, and

(D) keystone equipment which would reveal or give insight into

the design and manufacture of a United States military system,

which are not possessed by, or available in fact from sources

outside the United States to, controlled countries and which, if

exported, would permit a significant advance in a military system

of any such country.

(3) The list referred to in paragraph (2) shall be sufficiently

specific to guide the determinations of any official exercising

export licensing responsibilities under this Act [sections 2401 to

2420 of this Appendix].

(4) The Secretary and the Secretary of Defense shall integrate

items on the list of militarily critical technologies into the

control list in accordance with the requirements of subsection (c)

of this section. The integration of items on the list of militarily

critical technologies into the control list shall proceed with all

deliberate speed. Any disagreement between the Secretary and the

Secretary of Defense regarding the integration of an item on the

list of militarily critical technologies into the control list

shall be resolved by the President. Except in the case of a good or

technology for which a validated license may be required under

subsection (f)(4) or (h)(6) of this section, a good or technology

shall be included on the control list only if the Secretary finds

that controlled countries do not possess that good or technology,

or a functionally equivalent good or technology, and the good or

technology or functionally equivalent good or technology is not

available in fact to a controlled country from sources outside the

United States in sufficient quantity and of comparable quality so

that the requirement of a validated license for the export of such

good or technology is or would be ineffective in achieving the

purpose set forth in subsection (a) of this section. The Secretary

and the Secretary of Defense shall jointly submit a report to the

Congress, not later than 1 year after the date of the enactment of

the Export Administration Amendments Act of 1985 [July 12, 1985],

on actions taken to carry out this paragraph. For the purposes of

this paragraph, assessment of whether a good or technology is

functionally equivalent shall include consideration of the factors

described in subsection (f)(3) of this section.

(5) The Secretary of Defense shall establish a procedure for

reviewing the goods and technology on the list of militarily

critical technologies on an ongoing basis for the purpose of

removing from the list of militarily critical technologies any

goods or technology that are no longer militarily critical. The

Secretary of Defense may add to the list of militarily critical

technologies any good or technology that the Secretary of Defense

determines is militarily critical, consistent with the provisions

of paragraph (2) of this subsection. If the Secretary and the

Secretary of Defense disagree as to whether any change in the list

of militarily critical technologies by the addition or removal of a

good or technology should also be made in the control list,

consistent with the provisions of the fourth sentence of paragraph

(4) of this subsection, the President shall resolve the

disagreement.

(6) The establishment of adequate export controls for militarily

critical technology and keystone equipment shall be accompanied by

suitable reductions in the controls on the products of that

technology and equipment.

(7) The Secretary of Defense shall, not later than 1 year after

the date of the enactment of the Export Administration Amendments

Act of 1985 [July 12, 1985], report to the Congress on efforts by

the Department of Defense to assess the impact that the transfer of

goods or technology on the list of militarily critical technologies

to controlled countries has had or will have on the military

capabilities of those countries.

(e) Export licenses

(1) The Congress finds that the effectiveness and efficiency of

the process of making export licensing determinations under this

section is severely hampered by the large volume of validated

export license applications required to be submitted under this Act

[sections 2401 to 2420 of this Appendix]. Accordingly, it is the

intent of Congress in this subsection to encourage the use of the

multiple validated export licenses described in section 4(a)(2) of

this Act [section 2403(a)(2) of this Appendix] in lieu of

individual validated licenses.

(2) To the maximum extent practicable, consistent with the

national security of the United States, the Secretary shall require

a validated license under this section for the export of goods or

technology only if -

(A) the export of such goods or technology is restricted

pursuant to a multilateral agreement, formal or informal, to

which the United States is a party and, under the terms of such

multilateral agreement, such export requires the specific

approval of the parties to such multilateral agreement;

(B) with respect to such goods or technology, other nations do

not possess capabilities comparable to those possessed by the

United States; or

(C) the United States is seeking the agreement of other

suppliers to apply comparable controls to such goods or

technology and, in the judgment of the Secretary, United States

export controls on such goods or technology, by means of such

license, are necessary pending the conclusion of such agreement.

(3) The Secretary, subject to the provisions of subsection (l) of

this section, shall not require an individual validated export

license for replacement parts which are exported to replace on a

one-for-one basis parts that were in a good that has been lawfully

exported from the United States.

(4) The Secretary shall periodically review the procedures with

respect to the multiple validated export licenses, taking

appropriate action to increase their utilization by reducing

qualification requirements or lowering minimum thresholds, to

combine procedures which overlap, and to eliminate those procedures

which appear to be of marginal utility.

(5) The export of goods subject to export controls under this

section shall be eligible, at the discretion of the Secretary, for

a distribution license and other licenses authorizing multiple

exports of goods, in accordance with section 4(a)(2) of this Act

[section 2403(a)(2) of this Appendix]. The export of technology and

related goods subject to export controls under this section shall

be eligible for a comprehensive operations license in accordance

with section 4(a)(2)(B) of this Act [section 2403(a)(2)(B) of this

Appendix].

(6) Any application for a license for the export to the People's

Republic of China of any good on which export controls are in

effect under this section, without regard to the technical

specifications of the good, for the purpose of demonstration or

exhibition at a trade show shall carry a presumption of approval if

-

(A) the United States exporter retains title to the good during

the entire period in which the good is in the People's Republic

of China; and

(B) the exporter removes the good from the People's Republic of

China no later than at the conclusion of the trade show.

(f) Foreign availability

(1) Foreign availability to controlled countries

(A) The Secretary, in consultation with the Secretary of

Defense and other appropriate Government agencies and with

appropriate technical advisory committees established pursuant to

subsection (h) of this section, shall review, on a continuing

basis, the availability to controlled countries, from sources

outside the United States, including countries which participate

with the United States in multilateral export controls, of any

goods or technology the export of which requires a validated

license under this section. In any case in which the Secretary

determines, in accordance with procedures and criteria which the

Secretary shall by regulation establish, that any such goods or

technology are available in fact to controlled countries from

such sources in sufficient quantity and of comparable quality so

that the requirement of a validated license for the export of

such goods or technology is or would be ineffective in achieving

the purpose set forth in subsection (a) of this section, the

Secretary may not, after the determination is made, require a

validated license for the export of such goods or technology

during the period of such foreign availability, unless the

President determines that the absence of export controls under

this section on the goods or technology would prove detrimental

to the national security of the United States. In any case in

which the President determines under this paragraph that export

controls under this section must be maintained notwithstanding

foreign availability, the Secretary shall publish that

determination, together with a concise statement of its basis and

the estimated economic impact of the decision.

(B) The Secretary shall approve any application for a validated

license which is required under this section for the export of

any goods or technology to a controlled country and which meets

all other requirements for such an application, if the Secretary

determines that such goods or technology will, if the license is

denied, be available in fact to such country from sources outside

the United States, including countries which participate with the

United States in multilateral export controls, in sufficient

quantity and of comparable quality so that denial of the license

would be ineffective in achieving the purpose set forth in

subsection (a) of this section, unless the President determines

that approving the license application would prove detrimental to

the national security of the United States. In any case in which

the Secretary makes a determination of foreign availability under

this subparagraph with respect to any goods or technology, the

Secretary shall determine whether a determination of foreign

availability under subparagraph (A) with respect to such goods or

technology is warranted.

(2) Foreign availability to other than controlled countries

(A) The Secretary shall review, on a continuing basis, the

availability to countries other than controlled countries, from

sources outside the United States, of any goods or technology the

export of which requires a validated license under this section.

If the Secretary determines, in accordance with procedures which

the Secretary shall establish, that any goods or technology in

sufficient quantity and of comparable quality are available in

fact from sources outside the United States (other than

availability under license from a country which maintains export

controls on such goods or technology cooperatively with the

United States pursuant to the agreement of the group known as the

Coordinating Committee or pursuant to an agreement described in

subsection (k) of this section), the Secretary may not, after the

determination is made and during the period of such foreign

availability, require a validated license for the export of such

goods or technology to any country (other than a controlled

country) to which the country from which the goods or technology

is available does not place controls on the export of such goods

or technology. The requirement with respect to a validated

license in the preceding sentence shall not apply if the

President determines that the absence of export controls under

this section on the goods or technology would prove detrimental

to the national security of the United States. In any case in

which the President determines under this paragraph that export

controls under this section must be maintained notwithstanding

foreign availability, the Secretary shall publish that

determination, together with a concise statement of its basis and

the estimated economic impact of the decision.

(B) The Secretary shall approve any application for a validated

license which is required under this section for the export of

any goods or technology to a country (other than a controlled

country) and which meets all other requirements for such an

application, if the Secretary determines that such goods or

technology are available from foreign sources to that country

under the criteria established in subparagraph (A), unless the

President determines that approving the license application would

prove detrimental to the national security of the United States.

In any case in which the Secretary makes a determination of

foreign availability under this subparagraph with respect to any

goods or technology, the Secretary shall determine whether a

determination of foreign availability under subparagraph (A) with

respect to such goods or technology is warranted.

(3) Procedures for making determinations

(A) The Secretary shall make a foreign availability

determination under paragraph (1) or (2) on the Secretary's own

initiative or upon receipt of an allegation from an export

license applicant that such availability exists. In making any

such determination, the Secretary shall accept the

representations of applicants made in writing and supported by

reasonable evidence, unless such representations are contradicted

by reliable evidence, including scientific or physical

examination, expert opinion based upon adequate factual

information, or intelligence information. In making

determinations of foreign availability, the Secretary may

consider such factors as cost, reliability, the availability and

reliability of spare parts and the cost and quality thereof,

maintenance programs, durability, quality of end products

produced by the item proposed for export, and scale of

production. For purposes of this subparagraph, "evidence" may

include such items as foreign manufacturers' catalogues,

brochures, or operations or maintenance manuals, articles from

reputable trade publications, photographs, and depositions based

upon eyewitness accounts.

(B) In a case in which an allegation is received from an export

license applicant, the Secretary shall, upon receipt of the

allegation, submit for publication in the Federal Register notice

of such receipt. Within 4 months after receipt of the allegation,

the Secretary shall determine whether the foreign availability

exists, and shall so notify the applicant. If the Secretary has

determined that the foreign availability exists, the Secretary

shall, upon making such determination, submit the determination

for review to other departments and agencies as the Secretary

considers appropriate. The Secretary's determination of foreign

availability does not require the concurrence or approval of any

official, department, or agency to which such a determination is

submitted. Not later than 1 month after the Secretary makes the

determination, the Secretary shall respond in writing to the

applicant and submit for publication in the Federal Register,

that -

(i) the foreign availability does exist and -

(I) the requirement of a validated license has been

removed,

(II) the President has determined that export controls

under this section must be maintained notwithstanding the

foreign availability and the applicable steps are being taken

under paragraph (4), or

(III) in the case of a foreign availability determination

under paragraph (1), the foreign availability determination

will be submitted to a multilateral review process in

accordance with the agreement of the Coordinating Committee

for a period of not more than 4 months beginning on the date

of the publication; or

(ii) the foreign availability does not exist.

In any case in which the submission for publication is not made

within the time period specified in the preceding sentence, the

Secretary may not thereafter require a license for the export of

the goods or technology with respect to which the foreign

availability allegation was made. In the case of a foreign

availability determination under paragraph (1) to which clause

(i)(III) applies, no license for such export may be required

after the end of the 9-month period beginning on the date on

which the allegation is received.

(4) Negotiations to eliminate foreign availability

(A) In any case in which export controls are maintained under

this section notwithstanding foreign availability, on account of

a determination by the President that the absence of the controls

would prove detrimental to the national security of the United

States, the President shall actively pursue negotiations with the

governments of the appropriate foreign countries for the purpose

of eliminating such availability. No later than the commencement

of such negotiations, the President shall notify in writing the

Committee on Banking, Housing, and Urban Affairs of the Senate

and the Committee on Foreign Affairs of the House of

Representatives that he has begun such negotiations and why he

believes it is important to national security that export

controls on the goods or technology involved be maintained.

(B) If, within 6 months after the President's determination

that export controls be maintained, the foreign availability has

not been eliminated, the Secretary may not, after the end of that

6-month period, require a validated license for the export of the

goods or technology involved. The President may extend the

6-month period described in the preceding sentence for an

additional period of 12 months if the President certifies to the

Congress that the negotiations involved are progressing and that

the absence of the export controls involved would prove

detrimental to the national security of the United States.

Whenever the President has reason to believe that goods or

technology subject to export controls for national security

purposes by the United States may become available from other

countries to controlled countries and that such availability can

be prevented or eliminated by means of negotiations with such

other countries, the President shall promptly initiate

negotiations with the governments of such other countries to

prevent such foreign availability.

(C) After an agreement is reached with a country pursuant to

negotiations under this paragraph to eliminate or prevent foreign

availability of goods or technology, the Secretary may not

require a validated license for the export of such goods or

technology to that country.

(5) Expedited licenses for items available to countries other

than controlled countries

(A) In any case in which the Secretary finds that any goods or

technology from foreign sources is of similar quality to goods or

technology the export of which requires a validated license under

this section and is available to a country other than a

controlled country without effective restrictions, the Secretary

shall designate such goods or technology as eligible for export

to such country under this paragraph.

(B) In the case of goods or technology designated under

subparagraph (A), then 20 working days after the date of formal

filing with the Secretary of an individual validated license

application for the export of those goods or technology to an

eligible country, a license for the transaction specified in the

application shall become valid and effective and the goods or

technology are authorized for export pursuant to such license

unless the license has been denied by the Secretary on account of

an inappropriate end user. The Secretary may extend the 20-day

period provided in the preceding sentence for an additional

period of 15 days if the Secretary requires additional time to

consider the application and so notifies the applicant.

(C) The Secretary may make a foreign availability determination

under subparagraph (A) on the Secretary's own initiative, upon

receipt of an allegation from an export license applicant that

such availability exists, or upon the submission of a

certification by a technical advisory committee of appropriate

jurisdiction that such availability exists. Upon receipt of such

an allegation or certification, the Secretary shall publish

notice of such allegation or certification in the Federal

Register and shall make the foreign availability determination

within 30 days after such receipt and publish the determination

in the Federal Register. In the case of the failure of the

Secretary to make and publish such determination within that

30-day period, the goods or technology involved shall be deemed

to be designated as eligible for export to the country or

countries involved, for purposes of subparagraph (B).

(D) The provisions of paragraphs (1), (2), (3), and (4) do not

apply with respect to determinations of foreign availability

under this paragraph.

(6) Office of Foreign Availability

The Secretary shall establish in the Department of Commerce an

Office of Foreign Availability, which shall be under the

direction of the Under Secretary of Commerce for Export

Administration. The Office shall be responsible for gathering and

analyzing all the necessary information in order for the

Secretary to make determinations of foreign availability under

this Act [sections 2401 to 2420 of this Appendix]. The Secretary

shall make available to the Committee on Foreign Affairs of the

House of Representatives and the Committee on Banking, Housing,

and Urban Affairs of the Senate at the end of each 6-month period

during a fiscal year information on the operations of the Office,

and on improvements in the Government's ability to assess foreign

availability, during that 6-month period, including information

on the training of personnel, the use of computers, and the use

of Commercial Service Officers of the United States and Foreign

Commercial Service. Such information shall also include a

description of representative determinations made under this Act

[sections 2401 to 2420 of this Appendix] during that 6-month

period that foreign availability did or did not exist (as the

case may be), together with an explanation of such

determinations.

(7) Sharing of information

Each department or agency of the United States, including any

intelligence agency, and all contractors with any such department

or agency, shall, upon the request of the Secretary and

consistent with the protection of intelligence sources and

methods, furnish information to the Office of Foreign

Availability concerning foreign availability of goods and

technology subject to export controls under this Act [sections

2401 to 2420 of this Appendix]. Each such department or agency

shall allow the Office of Foreign Availability access to any

information from a laboratory or other facility within such

department or agency.

(8) Removal of controls on less sophisticated goods or technology

In any case in which (!1) Secretary may not, pursuant to

paragraph (1), (2), (3), or (4) of this subsection or paragraph

(6) of subsection (h) of this section, require a validated

license for the export of goods or technology, then the Secretary

may not require a validated license for the export of any similar

goods or technology whose function, technological approach,

performance thresholds, and other attributes that form the basis

for export controls under this section do not exceed the

technical parameters of the goods or technology from which the

validated license requirement is removed under the applicable

paragraph.

(9) Notice of all foreign availability assessments

Whenever the Secretary undertakes a foreign availability

assessment under this subsection or subsection (h)(6), the

Secretary shall publish notice of such assessment in the Federal

Register.

(10) Availability defined

For purposes of this subsection and subsections (f) and (h),

the term "available in fact to controlled countries" includes

production or availability of any goods or technology in any

country -

(A) from which the goods or technology is not restricted for

export to any controlled country; or

(B) in which such export restrictions are determined by the

Secretary to be ineffective.

For purposes of subparagraph (B), the mere inclusion of goods or

technology on a list of goods or technology subject to bilateral

or multilateral national security export controls shall not alone

constitute credible evidence that a country provides an effective

means of controlling the export of such goods or technology to

controlled countries.

(g) Indexing

(1) In order to ensure that requirements for validated licenses

and other licenses authorizing multiple exports are periodically

removed as goods or technology subject to such requirements becomes

obsolete with respect to the national security of the United

States, regulations issued by the Secretary may, where appropriate,

provide for annual increases in the performance levels of goods or

technology subject to any such licensing requirement. The

regulations issued by the Secretary shall establish as one

criterion for the removal of goods or technology from such license

requirements the anticipated needs of the military of controlled

countries. Any such goods or technology which no longer meets the

performance levels established by the regulations shall be removed

from the list established pursuant to subsection (c) of this

section unless, under such exceptions and under such procedures as

the Secretary shall prescribe, any other department or agency of

the United States objects to such removal and the Secretary

determines, on the basis of such objection, that the goods or

technology shall not be removed from the list. The Secretary shall

also consider, where appropriate, removing site visitation

requirements for goods and technology which are removed from the

list unless objections described in this subsection are raised.

(2)(A) In carrying out this subsection, the Secretary shall

conduct annual reviews of the performance levels of goods or

technology -

(i) which are eligible for export under a distribution license,

(ii) below which exports to the People's Republic of China

require only notification of the governments participating in the

group known as the Coordinating Committee, and

(iii) below which no authority or permission to export may be

required under subsection (b)(2) or (b)(3) of this section.

The Secretary shall make appropriate adjustments to such

performance levels based on these reviews.

(B) In any case in which the Secretary receives a request which -

(i) is to revise the qualification requirements or minimum

thresholds of any goods eligible for export under a distribution

license, and

(ii) is made by an exporter of such goods, representatives of

an industry which produces such goods, or a technical advisory

committee established under subsection (h) of this section,

the Secretary, after consulting with other appropriate Government

agencies and technical advisory committees established under

subsection (h) of this section, shall determine whether to make

such revision, or some other appropriate revision, in such

qualification requirements or minimum thresholds. In making this

determination, the Secretary shall take into account the

availability of the goods from sources outside the United States.

The Secretary shall make a determination on a request made under

this subparagraph within 90 days after the date on which the

request is filed. If the Secretary's determination pursuant to such

a request is to make a revision, such revision shall be implemented

within 120 days after the date on which the request is filed and

shall be published in the Federal Register.

(h) Technical advisory committees

(1) Upon written request by representatives of a substantial

segment of any industry which produces any goods or technology

subject to export controls under this section or being considered

for such controls because of their significance to the national

security of the United States, the Secretary shall appoint a

technical advisory committee for any such goods or technology which

the Secretary determines are difficult to evaluate because of

questions concerning technical matters, worldwide availability, and

actual utilization of production and technology, or licensing

procedures. Each such committee shall consist of representatives of

United States industry and Government, including the Departments of

Commerce, Defense, and State, the intelligence community, and, in

the discretion of the Secretary, other Government departments and

agencies. No person serving on any such committee who is a

representative of industry shall serve on such committee for more

than four consecutive years.

(2) Technical advisory committees established under paragraph (1)

shall advise and assist the Secretary, the Secretary of Defense,

and any other department, agency, or official of the Government of

the United States to which the President delegates authority under

this Act [sections 2401 to 2420 of this Appendix], with respect to

actions designed to carry out the policy set forth in section

3(2)(A) of this Act [section 2402(2)(A) of this Appendix]. Such

committees, where they have expertise in such matters, shall be

consulted with respect to questions involving (A) technical

matters, (B) worldwide availability and actual utilization of

production technology, (C) licensing procedures which affect the

level of export controls applicable to any goods or technology, (D)

revisions of the control list (as provided in subsection (c)(4)),

including proposed revisions of multilateral controls in which the

United States participates, (E) the issuance of regulations, and

(F) any other questions relating to actions designed to carry out

the policy set forth in section 3(2)(A) of this Act [section

2402(2)(A) of this Appendix]. Nothing in this subsection shall

prevent the Secretary or the Secretary of Defense from consulting,

at any time, with any person representing industry or the general

public, regardless of whether such person is a member of a

technical advisory committee. Members of the public shall be given

a reasonable opportunity, pursuant to regulations prescribed by the

Secretary, to present evidence to such committees.

(3) Upon request of any member of any such committee, the

Secretary may, if the Secretary determines it appropriate,

reimburse such member for travel, subsistence, and other necessary

expenses incurred by such member in connection with the duties of

such member.

(4) Each such committee shall elect a chairman, and shall meet at

least every three months at the call of the chairman, unless the

chairman determines, in consultation with the other members of the

committee, that such a meeting is not necessary to achieve the

purposes of this subsection. Each such committee shall be

terminated after a period of 2 years, unless extended by the

Secretary for additional periods of 2 years. The Secretary shall

consult each such committee with respect to such termination or

extension of that committee.

(5) To facilitate the work of the technical advisory committees,

the Secretary, in conjunction with other departments and agencies

participating in the administration of this Act [sections 2401 to

2420 of this Appendix], shall disclose to each such committee

adequate information, consistent with national security, pertaining

to the reasons for the export controls which are in effect or

contemplated for the goods or technology with respect to which that

committee furnishes advice.

(6) Whenever a technical advisory committee certifies to the

Secretary that goods or technology with respect to which such

committee was appointed have become available in fact, to

controlled countries, from sources outside the United States,

including countries which participate with the United States in

multilateral export controls, in sufficient quantity and of

comparable quality so that requiring a validated license for the

export of such goods or technology would be ineffective in

achieving the purpose set forth in subsection (a) of this section,

the technical advisory committee shall submit that certification to

the Congress at the same time the certification is made to the

Secretary, together with the documentation for the certification.

The Secretary shall investigate the foreign availability so

certified and, not later than 90 days after the certification is

made, shall submit a report to the technical advisory committee and

the Congress stating that -

(A) the Secretary has removed the requirement of a validated

license for the export of the goods or technology, on account of

the foreign availability,

(B) the Secretary has recommended to the President that

negotiations be conducted to eliminate the foreign availability,

or

(C) the Secretary has determined on the basis of the

investigation that the foreign availability does not exist.

To the extent necessary, the report may be submitted on a

classified basis. In any case in which the Secretary has

recommended to the President that negotiations be conducted to

eliminate the foreign availability, the President shall actively

pursue such negotiations with the governments of the appropriate

foreign countries. If, within 6 months after the Secretary submits

such report to the Congress, the foreign availability has not been

eliminated, the Secretary may not, after the end of that 6-month

period, require a validated license for the export of the goods or

technology involved. The President may extend the 6-month period

described in the preceding sentence for an additional period of 12

months if the President certifies to the Congress that the

negotiations involved are progressing and that the absence of the

export control involved would prove detrimental to the national

security of the United States. After an agreement is reached with a

country pursuant to negotiations under this paragraph to eliminate

foreign availability of goods or technology, the Secretary may not

require a validated license for the export of such goods or

technology to that country.

(i) Multilateral export controls

Recognizing the ineffectiveness of unilateral controls and the

importance of uniform enforcement measures to the effectiveness of

multilateral controls, the President shall enter into negotiations

with the governments participating in the group known as the

Coordinating Committee (hereinafter in this subsection referred to

as the "Committee") with a view toward accomplishing the following

objectives:

(1) Enhanced public understanding of the Committee's purpose

and procedures, including publication of the list of items

controlled for export by agreement of the Committee, together

with all notes, understandings, and other aspects of such

agreement of the Committee, and all changes thereto.

(2) Periodic meetings of high-level representatives of

participating governments for the purpose of coordinating export

control policies and issuing policy guidance to the Committee.

(3) Strengthened legal basis for each government's export

control system, including, as appropriate, increased penalties

and statutes of limitations.

(4) Harmonization of export control documentation by the

participating governments to verify the movement of goods and

technology subject to controls by the Committee.

(5) Improved procedures for coordination and exchange of

information concerning violations of the agreement of the

Committee.

(6) Procedures for effective implementation of the agreement

through uniform and consistent interpretations of export controls

agreed to by the governments participating in the Committee.

(7) Coordination of national licensing and enforcement efforts

by governments participating in the Committee, including

sufficient technical expertise to assess the licensing status of

exports and to ensure end-use verification.

(8) More effective procedures for enforcing export controls,

including adequate training, resources, and authority for

enforcement officers to investigate and prevent illegal exports.

(9) Agreement to provide adequate resources to enhance the

functioning of individual national export control systems and of

the Committee.

(10) Improved enforcement and compliance with the agreement

through elimination of unnecessary export controls and

maintenance of an effective control list.

(11) Agreement to enhance cooperation among members of the

Committee in obtaining the agreement of governments outside the

Committee to restrict the export of goods and technology on the

International Control List, to establish an ongoing mechanism in

the Committee to coordinate planning and implementation of export

control measures related to such agreements, and to remove items

from the International Control List if such items continue to be

available to controlled countries or if the control of the items

no longer serves the common strategic objectives of the members

of the Committee.

For purposes of reviews of the International Control List, the

President may include as advisors to the United States delegation

to the Committee representatives of industry who are knowledgeable

with respect to the items being reviewed.

(j) Commercial agreements with certain countries

(1) Any United States firm, enterprise, or other nongovernmental

entity which enters into an agreement with any agency of the

government of a controlled country, that calls for the

encouragement of technical cooperation and that is intended to

result in the export from the United States to the other party of

unpublished technical data of United States origin, shall report to

the Secretary the agreement with such agency in sufficient detail.

(2) The provisions of paragraph (1) shall not apply to colleges,

universities, or other educational institutions.

(k) Negotiations with other countries

The Secretary of State, in consultation with the Secretary of

Defense, the Secretary of Commerce, and the heads of other

appropriate departments and agencies, shall be responsible for

conducting negotiations with other countries, including those

countries not participating in the group known as the Coordinating

Committee, regarding their cooperation in restricting the export of

goods and technology in order to carry out the policy set forth in

section 3(9) of this Act [section 2402(9) of this Appendix], as

authorized by subsection (a) of this section, including

negotiations with respect to which goods and technology should be

subject to multilaterally agreed export restrictions and what

conditions should apply for exceptions from those restrictions. In

cases where such negotiations produce agreements on export

restrictions comparable in practice to those maintained by the

Coordinating Committee, the Secretary shall treat exports, whether

by individual or multiple licenses, to countries party to such

agreements in the same manner as exports to members of the

Coordinating Committee are treated, including the same manner as

exports are treated under subsection (b)(2) of this section and

section 10(o) of this Act [section 2409(o) of this Appendix].

(l) Diversion of controlled goods or technology

(1) Whenever there is reliable evidence, as determined by the

Secretary, that goods or technology which were exported subject to

national security controls under this section to a controlled

country have been diverted to an unauthorized use or consignee in

violation of the conditions of an export license, the Secretary for

as long as that diversion continues -

(A) shall deny all further exports, to or by the party or

parties responsible for that diversion or who conspired in that

diversion, of any goods or technology subject to national

security controls under this section, regardless of whether such

goods or technology are available from sources outside the United

States; and

(B) may take such additional actions under this Act [sections

2401 to 2420 of this Appendix] with respect to the party or

parties referred to in subparagraph (A) as the Secretary

determines are appropriate in the circumstances to deter the

further unauthorized use of the previously exported goods or

technology.

(2) As used in this subsection, the term "unauthorized use" means

the use of United States goods or technology in the design,

production, or maintenance of any item on the United States

Munitions List, or the military use of any item on the

International Control List of the Coordinating Committee.

(m) Goods containing controlled parts and components

Export controls may not be imposed under this section, or under

any other provision of law, on a good solely on the basis that the

good contains parts or components subject to export controls under

this section if such parts or components -

(1) are essential to the functioning of the good,

(2) are customarily included in sales of the good in countries

other than controlled countries, and

(3) comprise 25 percent or less of the total value of the good,

unless the good itself, if exported, would by virtue of the

functional characteristics of the good as a whole make a

significant contribution to the military potential of a controlled

country which would prove detrimental to the national security of

the United States.

(n) Security measures

The Secretary and the Commissioner of Customs, consistent with

their authorities under section 12(a) of this Act [section 2411(a)

of this Appendix], and in consultation with the Director of the

Federal Bureau of Investigation, shall provide advice and technical

assistance to persons engaged in the manufacture or handling of

goods or technology subject to export controls under this section

to develop security systems to prevent violations or evasions of

those export controls.

(o) Recordkeeping

The Secretary, the Secretary of Defense, and any other department

or agency consulted in connection with a license application under

this Act [sections 2401 to 2420 of this Appendix] or a revision of

a list of goods or technology subject to export controls under this

Act [sections 2401 to 2420 of this Appendix], shall make and keep

records of their respective advice, recommendations, or decisions

in connection with any such license application or revision,

including the factual and analytical basis of the advice,

recommendations, or decisions.

(p) National Security Control Office

To assist in carrying out the policy and other authorities and

responsibilities of the Secretary of Defense under this section,

there is established in the Department of Defense a National

Security Control Office under the direction of the Under Secretary

of Defense for Policy. The Secretary of Defense may delegate to

that office such of those authorities and responsibilities,

together with such ancillary functions, as the Secretary of Defense

considers appropriate.

(q) Exclusion for agricultural commodities

This section does not authorize export controls on agricultural

commodities, including fats, oils, and animal hides and skins.

-SOURCE-

(Pub. L. 96-72, Sec. 5, Sept. 29, 1979, 93 Stat. 506; Pub. L.

99-64, title I, Secs. 105(a)-(c)(1), (d)-(j), 106, 107, July 12,

1985, 99 Stat. 123-129; Pub. L. 100-418, title II, Secs.

2413-2418(b), 2419, 2420(a), 2421, 2422, 2446, Aug. 23, 1988, 102

Stat. 1347-1358, 1369.)

-MISC1-

PRIOR PROVISIONS

A prior section 2404, Pub. L. 91-184, Sec. 5, Dec. 30, 1969, 83

Stat. 843; Pub. L. 92-412, title I, Sec. 105, Aug. 29, 1972, 86

Stat. 645; Pub. L. 93-500, Secs. 3(c), (d), 5(b), (c), 6, Oct. 29,

1974, 88 Stat. 1553, 1554; Pub. L. 95-52, title I, Sec. 111, June

22, 1977, 91 Stat. 240, setting forth determinations, limitations,

etc., respecting the control and monitoring of exports, expired on

Sept. 30, 1979.

AMENDMENTS

1988 - Subsec. (a)(1). Pub. L. 100-418, Sec. 2413, inserted

provision defining "affiliates" to include both governmental

entities and commercial entities that are controlled in fact by

controlled countries.

Subsec. (a)(4) to (6). Pub. L. 100-418, Sec. 2414, added pars.

(4) to (6).

Subsec. (b)(2). Pub. L. 100-418, Sec. 2415(a), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "No

authority or permission to export may be required under this

section before goods or technology are exported in the case of

exports to a country which maintains export controls on such goods

or technology cooperatively with the United States pursuant to the

agreement of the group known as the Coordinating Committee, if the

goods or technology is at such a level of performance

characteristics that the export of the goods or technology to

controlled countries requires only notification of the

participating governments of the Coordinating Committee."

Subsec. (b)(3). Pub. L. 100-418, Sec. 2415(b), added par. (3).

Subsec. (c)(2). Pub. L. 100-418, Sec. 2416(a), substituted "If

the Secretary and the Secretary of Defense are unable to concur on

such items, as determined by the Secretary, the Secretary of

Defense may, within 20 days after receiving notification of the

Secretary's determination, refer the matter to the President for

resolution. The Secretary of Defense shall notify the Secretary of

any such referral. The President shall, not later than 20 days

after such referral, notify the Secretary of his determination with

respect to the inclusion of such items on the list. Failure of the

Secretary of Defense to notify the President or the Secretary, or

failure of the President to notify the Secretary, in accordance

with this paragraph, shall be deemed by the Secretary to constitute

concurrence in the implementation of the actions proposed by the

Secretary regarding the inclusion of such items on the list." for

"If the Secretary and the Secretary of Defense are unable to concur

on such items, the matter shall be referred to the President for

resolution."

Subsec. (c)(3). Pub. L. 100-418, Sec. 2416(b)(1), amended par.

(3) generally. Prior to amendment, par. (3) read as follows: "The

Secretary shall review the list established pursuant to this

subsection at least once each year in order to carry out the policy

set forth in section 3(2)(A) of this Act and the provisions of this

section, and shall promptly make such revisions of the list as may

be necessary after each such review. Before beginning each annual

review, the Secretary shall publish notice of that annual review in

the Federal Register. The Secretary shall provide an opportunity

during such review for comment and the submission of data, with or

without oral presentation, by interested Government agencies and

other affected or potentially affected parties. The Secretary shall

publish in the Federal Register any revisions in the list, with an

explanation of the reasons for the revisions. The Secretary shall

further assess, as part of such review, the availability from

sources outside the United States of goods and technology

comparable to those subject to export controls imposed under this

section."

Subsec. (c)(4). Pub. L. 100-418, Sec. 2416(b)(3), added par. (4).

Subsec. (c)(5). Pub. L. 100-418, Sec. 2416(c)(1), added par. (5).

Subsec. (c)(6), (7). Pub. L. 100-418, Sec. 2416(c)(2), (3), added

pars. (6) and (7).

Subsec. (d)(5). Pub. L. 100-418, Sec. 2416(b)(2), substituted "on

an ongoing basis" for "at least annually".

Subsec. (e)(6). Pub. L. 100-418, Sec. 2417, added par. (6).

Subsec. (f). Pub. L. 100-418, Sec. 2418(a), amended subsec.

generally, revising and restating as pars. (1) to (10) provisions

of former pars. (1) to (7).

Subsec. (g). Pub. L. 100-418, Sec. 2419, designated existing

provisions as par. (1) and added par. (2).

Subsec. (h)(2). Pub. L. 100-418, Sec. 2420(a), added cls. (D) and

(E), redesignated former cl. (E) as (F), and struck out former cl.

(D) which read as follows: "exports subject to multilateral

controls in which the United States participates, including

proposed revisions of any such multilateral controls, and".

Subsec. (h)(6). Pub. L. 100-418, Sec. 2418(b), inserted at end

"After an agreement is reached with a country pursuant to

negotiations under this paragraph to eliminate foreign availability

of goods or technology, the Secretary may not require a validated

license for the export of such goods or technology to that

country."

Subsec. (i). Pub. L. 100-418, Sec. 2421, substituted "Recognizing

the ineffectiveness of unilateral controls and the importance of

uniform enforcement measures to the effectiveness of multilateral

controls, the President" for "The President" and inserted sentence

at end authorizing the President, for purposes of reviews of the

International Control List, to include as advisors to the United

States delegation to the Committee representatives of industry who

are knowledgeable with respect to the items being reviewed.

Subsec. (i)(1) to (11). Pub. L. 100-418, Sec. 2446, completely

revised and expanded provisions enumerating the objectives of the

negotiations, adding pars. (1) to (11) and striking out former

pars. (1) to (9).

Subsec. (m). Pub. L. 100-418, Sec. 2422, amended subsec.

generally, substituting provision relating to goods containing

controlled parts and components for provision relating to goods

containing microprocessors.

1985 - Subsec. (a)(1). Pub. L. 99-64, Sec. 105(a)(1), inserted

sentence providing that the authority contained in this subsection

includes the authority to prohibit or curtail the transfer of goods

or technology within the United States to embassies and affiliates

of controlled countries.

Subsec. (a)(2). Pub. L. 99-64, Sec. 105(a)(2), struck out

designation "(A)" before "Whenever the Secretary makes any

revision", and struck out subpar. (B) which read as follows:

"Whenever the Secretary denies any export license under this

section, the Secretary shall specify in the notice to the applicant

of the denial of such license that the license was denied under the

authority contained in this section. The Secretary shall also

include in such notice what, if any, modifications in or

restrictions on the goods or technology for which the license was

sought would allow such export to be compatible with controls

imposed under this section, or the Secretary shall indicate in such

notice which officers and employees of the Department of Commerce

who are familiar with the application will be made reasonably

available to the applicant for consultation with regard to such

modifications or restriction, if appropriate."

Subsec. (a)(3). Pub. L. 99-64, Sec. 105(a)(3), struck out "Such

regulations shall not be based upon the assumption that such

effective safeguards can be devised."

Subsec. (b)(1). Pub. L. 99-64, Sec. 105(b)(1), designated

existing provisions as par. (1) and provided that the President

shall establish to a list of controlled countries which may be

expanded or reduced by the President based upon certain enumerated

factors, and struck out provisions which had stated that the policy

of the United States toward individual countries should not be

determined exclusively on the basis of that country's Communist or

non-Communist status but rather on the country's relationships to

the United States and countries friendly to the United States.

Pub. L. 99-64, Sec. 105(b)(3), substituted "set forth in this

paragraph" for "specified in the preceding sentence" in last

sentence.

Subsec. (b)(2). Pub. L. 99-64, Sec. 105(b)(2), added par. (2).

Subsec. (c)(1). Pub. L. 99-64, Sec. 105(c)(1)(A), struck out

"commodity" before "control list".

Subsec. (c)(3). Pub. L. 99-64, Sec. 105(c)(1)(B), amended par.

(3) generally. Prior to amendment, par. (3) read as follows: "The

Secretary shall issue regulations providing for review of the list

established pursuant to this subsection not less frequently than

every 3 years in the case of controls maintained cooperatively with

other countries, and annually in the case of all other controls, in

order to carry out the policy set forth in section 3(2)(A) and the

provisions of this section, and for the prompt issuance of such

revisions of the list as may be necessary. Such regulations shall

provide interested Government agencies and other affected or

potentially affected parties with an opportunity, during such

review, to submit written data, views, or arguments, with or

without oral presentation. Such regulations shall further provide

that, as part of such review, an assessment be made of the

availability from sources outside the United States, or any of its

territories or possessions, of goods and technology comparable to

those controlled under this section. The Secretary and any agency

rendering advice with respect to export controls shall keep

adequate records of all decisions made with respect to revision of

the list of controlled goods and technology, including the factual

and analytical basis for the decision, and, in the case of the

Secretary, any dissenting recommendations received from any

agency."

Subsec. (d)(2). Pub. L. 99-64, Sec. 106(a)(1), added subpar. (D)

and in provisions following subpar. (D) substituted ", or available

in fact from sources outside the United States to, controlled

countries" for "countries to which exports are controlled under

this section".

Subsec. (d)(4) to (7). Pub. L. 99-64, Sec. 106(a)(2), added pars.

(4) to (7) and struck out former pars. (4) to (6) which read as

follows:

"(4) The initial version of the list referred to in paragraph (2)

shall be completed and published in an appropriate form in the

Federal Register not later than October 1, 1980.

"(5) The list of militarily critical technologies developed

primarily by the Secretary of Defense pursuant to paragraph (2)

shall become a part of the commodity control list, subject to the

provisions of subsection (c) of this section.

"(6) The Secretary of Defense shall report annually to the

Congress on actions taken to carry out this subsection."

Subsec. (e)(1). Pub. L. 99-64, Sec. 105(d)(1), substituted "the

multiple validated export licenses described in section 4(a)(2) of

this Act in lieu of individual validated licenses" for "a qualified

general license in lieu of a validated license".

Subsec. (e)(3) to (5). Pub. L. 99-64, Sec. 105(d)(2), added pars.

(3) to (5) and struck out former pars. (3) and (4) which read as

follows:

"(3) To the maximum extent practicable, consistent with the

national security of the United States, the Secretary shall require

a qualified general license, in lieu of a validated license, under

this section for the export of goods or technology if the export of

such goods or technology is restricted pursuant to a multilateral

agreement, formal or informal, to which the United States is a

party, but such export does not require the specific approval of

the parties to such multilateral agreement.

"(4) Not later than July 1, 1980, the Secretary shall establish

procedures for the approval of goods and technology that may be

exported pursuant to a qualified general license."

Subsec. (f)(1). Pub. L. 99-64, Sec. 107(a), (i), (j)(1), inserted

"the Secretary of Defense and other" after "The Secretary, in

consultation with", and substituted "controlled countries" for

"such destinations" and "comparable quality" for "sufficient

quality".

Subsec. (f)(2). Pub. L. 99-64, Sec. 107(i), substituted

"comparable quality" for "sufficient quality".

Subsec. (f)(3). Pub. L. 99-64, Sec. 107(b), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "With

respect to export controls imposed under this section, any

determination of foreign availability which is the basis of a

decision to grant a license for, or to remove a control on, the

export of a good or technology, shall be made in writing and shall

be supported by reliable evidence, including scientific or physical

examination, expert opinion based upon adequate factual

information, or intelligence information. In assessing foreign

availability with respect to license applications, uncorroborated

representations by applicants shall not be deemed sufficient

evidence of foreign availability."

Subsec. (f)(4). Pub. L. 99-64, Sec. 107(c), (j)(2), substituted

first three sentences for "sentence providing that in any case in

which, in accordance with this subsection, export controls are

imposed under this section notwithstanding foreign availability,

the President shall take steps to initiate negotiations with the

governments of the appropriate foreign countries for the purpose of

eliminating such availability", and substituted "controlled

countries" for "countries to which exports are controlled under

this section".

Subsec. (f)(5). Pub. L. 99-64, Sec. 107(d)(1), amended par. (5)

generally. Prior to amendment, par. (5) read as follows: "In order

to further carry out the policies set forth in this Act, the

Secretary shall establish, within the Office of Export

Administration of the Department of Commerce, a capability to

monitor and gather information with respect to the foreign

availability of any goods or technology subject to export controls

under this Act."

Subsec. (f)(6). Pub. L. 99-64, Sec. 107(d)(2), substituted

"Office of Foreign Availability" for "Office of Export

Administration".

Subsec. (f)(7). Pub. L. 99-64, Sec. 107(e), added par. (7).

Subsec. (g). Pub. L. 99-64, Sec. 105(e), amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows: "In

order to ensure that requirements for validated licenses and

qualified general licenses are periodically removed as goods or

technology subject to such requirements become obsolete with

respect to the national security of the United States, regulations

issued by the Secretary may, where appropriate, provide for annual

increases in the performance levels of goods or technology subject

to any such licensing requirement. Any such goods or technology

which no longer meet the performance levels established by the

latest such increase shall be removed from the list established

pursuant to subsection (c) of this section unless, under such

exceptions and under such procedures as the Secretary shall

prescribe, any other department or agency of the United States

objects to such removal and the Secretary determines, on the basis

of such objection, that the goods or technology shall not be

removed from the list. The Secretary shall also consider, where

appropriate, removing site visitation requirements for goods and

technology which are removed from the list unless objections

described in this subsection are raised."

Subsec. (h)(1). Pub. L. 99-64, Sec. 107(f)(1), inserted reference

to the intelligence community.

Subsec. (h)(2)(E). Pub. L. 99-64, Sec. 107(f)(2), added cl. (E).

Subsec. (h)(6). Pub. L. 99-64, Sec. 107(f)(3), (i), (j)(2),

substituted "controlled countries" for "countries to which exports

are controlled under this section", "comparable quality" for

"sufficient quality", and "the technical advisory committee shall

submit that certification to the Congress at the same time the

certification is made to the Secretary, together with the

documentation for the certification" for "and provides adequate

documentation for such certification, in accordance with the

procedures established pursuant to subsection (f)(1) of this

section, the Secretary shall investigate such availability, and if

such availability is verified, the Secretary shall remove the

requirement of a validated license for the export of the goods or

technology, unless the President determines that the absence of

export controls under this section would prove detrimental to the

national security of the United States", struck out provision that,

in any case in which the President determined that export controls

under this section had to be maintained notwithstanding foreign

availability, the Secretary had to publish that determination

together with a concise statement of its basis and the estimated

economic impact of the decision, inserted provisions directing the

Secretary to investigate certified foreign availability and, not

later than 90 days after the certification is made, submit a report

to the technical advisory committee and the Congress, and added

subpars. (A) to (C) and concluding provision.

Subsec. (i)(3). Pub. L. 99-64, Sec. 105(f)(1), (2), redesignated

par. (4) as (3) and substituted "agreed to by members of the

Committee" for "agreed to pursuant to paragraph (3)", and struck

out former par. (3) relating to agreement to reduce the scope of

the export controls imposed by agreement of the Committee to a

level acceptable to and enforceable by all governments

participating in the Committee.

Subsec. (i)(4) to (9). Pub. L. 99-64, Sec. 105(f)(3), added pars.

(4) to (9). Former par. (4) redesignated (3).

Subsec. (j)(1). Pub. L. 99-64, Sec. 105(g), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "Any

United States firm, enterprise, or other nongovernmental entity

which, for commercial purposes, enters into any agreement with any

agency of the government of a country to which exports are

restricted for national security purposes, which agreement cites an

intergovernmental agreement (to which the United States and such

country are parties) calling for the encouragement of technical

cooperation and is intended to result in the export from the United

States to the other party of unpublished technical data of United

States origin, shall report the agreement with such agency to the

Secretary."

Subsec. (k). Pub. L. 99-64, Sec. 105(h), inserted ", including

those countries not participating in the group known as the

Coordinating Committee," after "conducting negotiations with other

countries", and inserted provision that, in cases where such

negotiations produce agreements on export restrictions comparable

in practice to those maintained by the Coordinating Committee, the

Secretary shall treat exports, whether by individual or multiple

licenses, to countries party to such agreements in the same manner

as exports to members of the Coordinating Committee are treated,

including the same manner as exports are treated under subsection

(b)(2) of this section and section 10(o) of this Act.

Subsec. (l). Pub. L. 99-64, Sec. 105(i), struck out "to military

use" after "Diversion" in heading, and amended text of subsec. (l),

generally. Prior to amendment, subsec. (l) read as follows:

"(1) Whenever there is reliable evidence that goods or

technology, which were exported subject to national security

controls under this section to a country to which exports are

controlled for national security purposes, have been diverted to

significant military use in violation of the conditions of an

export license, the Secretary for as long as that diversion to

significant military use continues -

"(A) shall deny all further exports to the party responsible

for that diversion of any goods or technology subject to national

security controls under this section which contribute to that

particular military use, regardless of whether such goods or

technology are available to that country from sources outside the

United States; and

"(B) may take such additional steps under this Act with respect

to the party referred to in subparagraph (A) as are feasible to

deter the further military use of the previously exported goods

or technology.

"(2) As used in this subsection, the terms 'diversion to

significant military use' and 'significant military use' means the

use of United States goods or technology to design or produce any

item on the United States Munitions List."

Subsecs. (m) to (q). Pub. L. 99-64, Sec. 105(j), added subsecs.

(m) to (q).

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1985 AMENDMENT

Section 105(c)(2) of Pub. L. 99-64 provided that: "The amendment

made by paragraph (1)(B) of this subsection [amending this section]

shall take effect on October 1, 1985."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

DELEGATION OF FUNCTIONS

Functions conferred upon President under this section delegated

to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45

F.R. 29783, set out under section 2403 of this Appendix, with the

exception of the functions conferred upon the President under

subsecs. (f)(4) and (i) of this section which were delegated to the

Secretary of State and the functions conferred upon the President

under subsecs. (c), (f)(1), and (h)(6) of this section which were

reserved to the President.

-MISC3-

REVIEW OF PROPOSED CHANGES TO EXPORT THRESHOLDS FOR COMPUTERS

Pub. L. 106-554, Sec. 1(a)(2) [title III, Sec. 314], Dec. 21,

2000, 114 Stat. 2763, 2763A-123, provided that: "Not more than 50

days after the date of the submission of the report referred to in

subsection (d) of section 1211 of the National Defense

Authorization Act for Fiscal Year 1998 [Pub. L. 105-85] (50 U.S.C.

App. 2404 note), the Comptroller General of the United States shall

submit an assessment to Congress which contains an analysis of the

new computer performance levels being proposed by the President

under such section."

RELEASE OF EXPORT INFORMATION BY DEPARTMENT OF COMMERCE TO OTHER

AGENCIES FOR PURPOSE OF NATIONAL SECURITY ASSESSMENT

Pub. L. 105-261, div. A, title XV, Sec. 1522, Oct. 17, 1998, 112

Stat. 2179, provided that:

"(a) Release of Export Information. - The Secretary of Commerce

shall, upon the written request of an official specified in

subsection (c), transmit to that official any information relating

to exports that is held by the Department of Commerce and is

requested by that official for the purpose of assessing national

security risks. The Secretary shall transmit such information

within 10 business days after receiving such a request.

"(b) Nature of Information. - The information referred to in

subsection (a) includes information concerning -

"(1) export licenses issued by the Department of Commerce;

"(2) exports that were carried out under an export license

issued by the Department of Commerce; and

"(3) exports from the United States that were carried out

without an export license.

"(c) Requesting Officials. - The officials referred to in

subsection (a) are the Secretary of State, the Secretary of

Defense, the Secretary of Energy, and the Director of Central

Intelligence. Each of those officials may delegate to any other

official within their respective departments and agency the

authority to request information under subsection (a)."

EXPORT CONTROLS ON HIGH PERFORMANCE COMPUTERS

Pub. L. 105-85, div. A, title XII, subtitle B, Nov. 18, 1997, 111

Stat. 1932, as amended by Pub. L. 105-261, div. A, title XV, Sec.

1524, Oct. 17, 1998, 112 Stat. 2180; Pub. L. 106-65, div. A, title

X, Sec. 1067(4), title XIV, Sec. 1407(c), Oct. 5, 1999, 113 Stat.

774, 801; Pub. L. 106-398, Sec. 1 [[div. A], title XII, Sec.

1234(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-330, provided that:

"SEC. 1211. EXPORT APPROVALS FOR HIGH PERFORMANCE COMPUTERS.

"(a) Prior Approval of Exports and Reexports. - The President

shall require that no digital computer with a composite theoretical

performance level of more than 2,000 millions of theoretical

operations per second (MTOPS) or with such other composite

theoretical performance level as may be established subsequently by

the President under subsection (d), may be exported or reexported

without a license to a country specified in subsection (b) if the

Secretary of Commerce, the Secretary of Defense, the Secretary of

Energy, the Secretary of State, or the Director of the Arms Control

and Disarmament Agency objects, in writing, to such export or

reexport. Any person proposing to export or reexport such a digital

computer shall so notify the Secretary of Commerce, who, within 24

hours after receiving the notification, shall transmit the

notification to the Secretary of Defense, the Secretary of Energy,

the Secretary of State, and the Director of the Arms Control and

Disarmament Agency.

"(b) Covered Countries. - For purposes of subsection (a), the

countries specified in this subsection are the countries listed as

'Computer Tier 3' eligible countries in section 740.7(d) of title

15 of the Code of Federal Regulations, as in effect on June 10,

1997, subject to modification by the President under subsection

(e).

"(c) Time Limit. - Written objections under subsection (a) to an

export or reexport shall be raised within 10 days after the

notification is received under subsection (a). If such a written

objection to the export or reexport of a computer is raised, the

computer may be exported or reexported only pursuant to a license

issued by the Secretary of Commerce under the Export Administration

Regulations of the Department of Commerce, without regard to the

licensing exceptions otherwise authorized under section 740.7 of

title 15 of the Code of Federal Regulations, as in effect on June

10, 1997. If no objection is raised within the 10-day period, the

export or reexport is authorized.

"(d) Adjustment of Composite Theoretical Performance. - The

President, in consultation with the Secretary of Commerce, the

Secretary of Defense, the Secretary of Energy, the Secretary of

State, and the Director of the Arms Control and Disarmament Agency,

may establish a new composite theoretical performance level for

purposes of subsection (a). Such new level shall not take effect

until 60 days after the President submits to the congressional

committees designated in section 1215 a report setting forth the

new composite theoretical performance level and the justification

for such new level. Each report shall, at a minimum -

"(1) address the extent to which high performance computers of

a composite theoretical level between the level established in

subsection (a) or such level as has been previously adjusted

pursuant to this section and the new level, are available from

other countries;

"(2) address all potential uses of military significance to

which high performance computers at the new level could be

applied; and

"(3) assess the impact of such uses on the national security

interests of the United States.

"(e) Adjustment of Covered Countries. -

"(1) In general. - The President, in consultation with the

Secretary of Commerce, the Secretary of Defense, the Secretary of

Energy, the Secretary of State, and the Director of the Arms

Control and Disarmament Agency, may add a country to or remove a

country from the list of covered countries in subsection (b),

except that a country may be removed from the list only in

accordance with paragraph (2).

"(2) Deletions from list of covered countries. - The removal of

a country from the list of covered countries under subsection (b)

shall not take effect until 120 days after the President submits

to the congressional committees designated in section 1215 a

report setting forth the justification for the deletion.

"(3) Excluded countries. - A country may not be removed from

the list of covered countries under subsection (b) if -

"(A) the country is a 'nuclear-weapon state' (as defined by

Article IX of the Treaty on the Non-Proliferation of Nuclear

Weapons) and the country is not a member of the North Atlantic

Treaty Organization; or

"(B) the country is not a signatory of the Treaty on the

Non-Proliferation of Nuclear Weapons and the country is listed

on Annex 2 to the Comprehensive Nuclear Test-Ban Treaty.

"(f) Classification. - Each report under subsections (d) and (e)

shall be submitted in an unclassified form and may, if necessary,

have a classified supplement.

"(g) Delegation of Objection Authority Within the Department of

Defense. - For the purposes of the Department of Defense, the

authority to issue an objection referred to in subsection (a) shall

be executed for the Secretary of Defense by an official at the

Assistant Secretary level within the office of the Under Secretary

of Defense for Policy. In implementing subsection (a), the

Secretary of Defense shall ensure that Department of Defense

procedures maximize the ability of the Department of Defense to be

able to issue an objection within the 10-day period specified in

subsection (c).

"(h) Calculation of 60-Day Period. - The 60-day period referred

to in subsection (d) shall be calculated by excluding the days on

which either House of Congress is not in session because of an

adjournment of the Congress sine die.

"SEC. 1212. REPORT ON EXPORTS OF HIGH PERFORMANCE COMPUTERS.

"(a) Report. - Not later than 60 days after the date of the

enactment of this Act [Nov. 18, 1997], the President shall provide

to the congressional committees specified in section 1215 a report

identifying all exports of digital computers with a composite

theoretical performance of more than 2,000 millions of theoretical

operations per second (MTOPS) to all countries since January 25,

1996. For each export, the report shall identify -

"(1) whether an export license was applied for and whether one

was granted;

"(2) the date of the transfer of the computer;

"(3) the United States manufacturer and exporter of the

computer;

"(4) the MTOPS level of the computer; and

"(5) the recipient country and end user.

"(b) Additional Information on Exports to Certain Countries. - In

the case of exports to countries specified in subsection (c), the

report under subsection (a) shall identify the intended end use for

the exported computer and the assessment by the executive branch of

whether the end user is a military end user or an end user involved

in activities relating to nuclear, chemical, or biological weapons

or missile technology. Information provided under this subsection

may be submitted in classified form if necessary.

"(c) Covered Countries. - For purposes of subsection (b), the

countries specified in this subsection are -

"(1) the countries listed as 'Computer Tier 3' eligible

countries in section 740.7(d) of title 15 of the Code of Federal

Regulations, as in effect on June 10, 1997; and

"(2) the countries listed in section 740.7(e) of title 15 of

the Code of Federal Regulations, as in effect on June 10, 1997.

"SEC. 1213. POST-SHIPMENT VERIFICATION OF EXPORT OF HIGH

PERFORMANCE COMPUTERS.

"(a) Required Post-Shipment Verification. - The Secretary of

Commerce shall conduct post-shipment verification of each digital

computer with a composite theoretical performance of more than

2,000 millions of theoretical operations per second (MTOPS) that is

exported from the United States, on or after the date of the

enactment of this Act [Nov. 18, 1998], to a country specified in

subsection (b).

"(b) Covered Countries. - For purposes of subsection (a), the

countries specified in this subsection are the countries listed as

'Computer Tier 3' eligible countries in section 740.7 of title 15

of the Code of Federal Regulations, as in effect on June 10, 1997,

subject to modification by the President under section 1211(e).

"(c) Annual Report. - The Secretary of Commerce shall submit to

the congressional committees specified in section 1215 an annual

report on the results of post-shipment verifications conducted

under this section during the preceding year. Each such report

shall include a list of all such items exported from the United

States to such countries during the previous year and, with respect

to each such export, the following:

"(1) The destination country.

"(2) The date of export.

"(3) The intended end use and intended end user.

"(4) The results of the post-shipment verification.

"(d) Explanation When Verification Not Conducted. - If a

post-shipment verification has not been conducted in accordance

with subsection (a) with respect to any such export during the

period covered by a report, the Secretary shall include in the

report for that period a detailed explanation of the reasons why

such a post-shipment verification was not conducted.

"(e) Adjustment of Performance Levels. - Whenever a new composite

theoretical performance level is established under section 1211(d),

that level shall apply for purposes of subsection (a) of this

section in lieu of the level set forth in subsection (a).

"SEC. 1214. GAO STUDY ON CERTAIN COMPUTERS; END USER INFORMATION

ASSISTANCE.

"(a) In General. - The Comptroller General of the United States

shall submit to the congressional committees specified in section

1215 a study of the national security risks relating to the sale of

computers with a composite theoretical performance of between 2,000

and 7,000 millions of theoretical operations per second (MTOPS) to

end users in countries specified in subsection (c). The study shall

also analyze any foreign availability of computers described in the

preceding sentence and the impact of such sales on United States

exporters.

"(b) End User Information Assistance to Exporters. - The

Secretary of Commerce shall establish a procedure by which

exporters may seek information on questionable end users in

countries specified in subsection (c) who are seeking to obtain

computers described in subsection (a).

"(c) Covered Countries. - For purposes of subsections (a) and

(b), the countries specified in this subsection are the countries

listed as 'Computer Tier 3' eligible countries in section 740.7(d)

of title 15 of the Code of Federal Regulations, as in effect on

June 10, 1997.

"SEC. 1215. CONGRESSIONAL COMMITTEES.

"For purposes of sections 1211(d), 1212(a), 1213(c), and 1214(a)

the congressional committees specified in those sections are the

following:

"(1) The Committee on Banking, Housing, and Urban Affairs and

the Committee on Armed Services of the Senate.

"(2) The Committee on International Relations and the Committee

on Armed Services of the House of Representatives."

[Pub. L. 106-398, Sec. 1 [[div. A], title XII, Sec. 1234(b)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-331, provided that: "The

amendments made by subsection (a) [amending section 1211 of Pub. L.

105-85, set out above] shall apply to any new composite theoretical

performance level established for purposes of section 1211(a) of

the National Defense Authorization Act for Fiscal Year 1998 [Pub.

L. 105-85] that is submitted by the President pursuant to section

1211(d) of that Act on or after the date of the enactment of this

Act [Oct. 30, 2000]."]

[For abolition, transfer of functions, and treatment of

references to United States Arms Control and Disarmament Agency,

see section 6511 et seq. of Title 22, Foreign Relations and

Intercourse.]

REPORTS ON ADVANCED SUPERCOMPUTER SALES TO CERTAIN FOREIGN NATIONS

Pub. L. 105-85, div. C, title XXXI, Sec. 3157, Nov. 18, 1997, 111

Stat. 2045, as amended by Pub. L. 106-398, Sec. 1 [div. C, title

XXXI, Sec. 3134], Oct. 30, 2000, 114 Stat. 1654, 1654A-456,

provided that:

"(a) Reports. - The Secretary of Energy shall require that any

company that is a participant in the Accelerated Strategic

Computing Initiative (ASCI) program of the Department of Energy

report to the Secretary and to the Secretary of Defense each sale

by that company to a country designated as a Tier III country of a

computer capable of operating at a speed in excess of 2,000

millions theoretical operations per second (MTOPS). The report

shall include a description of the following with respect to each

such sale:

"(1) The anticipated end-use of the computer sold.

"(2) The software included with the computer.

"(3) Any arrangement under the terms of the sale regarding -

"(A) upgrading the computer;

"(B) servicing the computer; or

"(C) furnishing spare parts for the computer.

"(b) Covered Countries. - For purposes of this section, the

countries designated as Tier III countries are the countries listed

as 'computer tier 3' eligible countries in part 740.7 of title 15

of the Code of Federal Regulations, as in effect on June 10, 1997

(or any successor list).

"(c) Quarterly Submission of Reports. - The Secretary of Energy

shall require that reports under subsection (a) be submitted

quarterly.

"(d) Annual Report. - The Secretary of Energy shall submit to

Congress an annual report containing all information received under

subsection (a) during the preceding year. The first annual report

shall be submitted not later than July 1, 1998.

"(e) Adjustment of Performance Levels. - Whenever a new composite

theoretical performance level is established under section 1211(d)

[Pub. L. 105-85, set out as a note above], that level shall apply

for the purposes of subsection (a) of this section in lieu of the

level set forth in subsection (a)."

NATIONAL SECURITY IMPLICATIONS OF UNITED STATES EXPORT CONTROL

POLICY

Pub. L. 104-106, div. A, title XIII, Sec. 1322, Feb. 10, 1996,

110 Stat. 478, provided that:

"(a) Findings. - Congress makes the following findings:

"(1) Export controls remain an important element of the

national security policy of the United States.

"(2) It is in the national security interest that United States

export control policy be effective in preventing the transfer, to

potential adversaries or combatants of the United States, of

technology that threatens the national security or defense of the

United States.

"(3) It is in the national security interest that the United

States monitor aggressively the export of militarily critical

technology in order to prevent its diversion to potential

adversaries or combatants of the United States.

"(4) The Department of Defense relies increasingly on

commercial and dual-use technologies, products, and processes to

support United States military capabilities and economic

strength.

"(5) The maintenance of the military advantage of the United

States depends on effective export controls on dual-use items and

technologies that are critical to the military capabilities of

the Armed Forces.

"(b) Sense of Congress. - It is the sense of Congress that -

"(1) the Secretary of Defense should evaluate license

applications for the export of militarily critical commodities

the export of which is controlled for national security reasons

if those commodities are to be exported to certain countries of

concern;

"(2) the Secretary of Defense should identify the dual-use

items and technologies that are critical to the military

capabilities of the Armed Forces, including the military use made

of such items and technologies;

"(3) upon identification by the Secretary of Defense of the

dual-use items and technologies referred to in paragraph (2), the

President should ensure effective export controls or use

unilateral export controls on dual-use items and technologies

that are critical to the military capabilities of the Armed

Forces (regardless of the availability of such items or

technologies overseas) with respect to the countries that -

"(A) pose a threat to the national security interests of the

United States; and

"(B) are not members in good standing of bilateral or

multilateral agreements to which the United States is a party

on the use of such items and technologies; and

"(4) the President, upon recommendation of the Secretary of

Defense, should ensure effective controls on the re-export by

other countries of dual-use items and technologies that are

critical to the military capabilities of the Armed Forces.

"(c) Annual Report. - (1) Not later than December 1 of each year

through 1999, the President shall submit to the committees

specified in paragraph (4) a report on the effect of the export

control policy of the United States on the national security

interests of the United States.

"(2) The report shall include the following:

"(A) A list setting forth each country determined by the

Secretary of Defense, the intelligence community, and other

appropriate agencies to be a rogue nation or potential adversary

or combatant of the United States.

"(B) For each country so listed, a list of -

"(i) the categories of items that the United States currently

prohibits for export to the country;

"(ii) the categories of items that may be exported from the

United States with an individual license, and in such cases,

any licensing conditions normally required and the policy

grounds used for approvals and denials; and

"(iii) the categories of items that may be exported under a

general license designated 'G-DEST'.

"(C) For each category of items listed under subparagraph (B) -

"(i) a statement whether a prohibition, control, or licensing

requirement on a category of items is imposed pursuant to an

international multilateral agreement or is unilateral;

"(ii) a statement whether a prohibition, control, or

licensing requirement on a category of items is imposed by the

other members of an international agreement or is unilateral;

"(iii) when the answer under either clause (i) or clause (ii)

is unilateral, a statement concerning the efforts being made to

ensure that the prohibition, control, or licensing requirement

is made multilateral; and

"(iv) a statement on what impact, if any, a unilateral

prohibition is having, or would have, on preventing the rogue

nation or potential adversary from attaining the items in

question for military purposes.

"(D) A description of United States policy on sharing satellite

imagery that has military significance and a discussion of the

criteria for determining the imagery that has that significance.

"(E) A description of the relationship between United States

policy on the export of space launch vehicle technology and the

Missile Technology Control Regime.

"(F) An assessment of United States efforts to support the

inclusion of additional countries in the Missile Technology

Control Regime.

"(G) An assessment of the ongoing efforts made by potential

participant countries in the Missile Technology Control Regime to

meet the guidelines established by the Missile Technology Control

Regime.

"(H) A discussion of the history of the space launch vehicle

programs of other countries, including a discussion of the

military origins and purposes of such programs and the current

level of military involvement in such programs.

"(3) The President shall submit the report in unclassified form,

but may include a classified annex.

"(4) The committees referred to in paragraph (1) are the

following:

"(A) The Committee on Armed Services and the Committee on

Foreign Relations of the Senate.

"(B) The Committee on National Security [now Committee on Armed

Services] and the Committee on International Relations of the

House of Representatives.

"(5) For purposes of this subsection, the term 'Missile

Technology Control Regime' means the policy statement announced on

April 16, 1987, between the United States, the United Kingdom, the

Federal Republic of Germany, France, Italy, Canada, and Japan to

restrict sensitive missile-relevant transfers based on the Missile

Technology Control Regime Annex, and any amendment thereto."

DEPARTMENT OF DEFENSE REVIEW OF EXPORT LICENSES FOR CERTAIN

BIOLOGICAL PATHOGENS

Pub. L. 104-106, div. A, title XIII, Sec. 1323, Feb. 10, 1996,

110 Stat. 480, provided that:

"(a) Department of Defense Review. - Any application to the

Secretary of Commerce for a license for the export of a class 2,

class 3, or class 4 biological pathogen to a country identified to

the Secretary under subsection (c) as a country that is known or

suspected to have a biological weapons program shall be referred to

the Secretary of Defense for review. The Secretary of Defense shall

notify the Secretary of Commerce within 15 days after receipt of an

application under the preceding sentence whether the export of such

biological pathogen pursuant to the license would be contrary to

the national security interests of the United States.

"(b) Denial of License if Contrary to National Security Interest.

- A license described in subsection (a) shall be denied by the

Secretary of Commerce if it is determined that the export of such

biological pathogen to that country would be contrary to the

national security interests of the United States.

"(c) Identification of Countries Known or Suspected To Have a

Program To Develop Offensive Biological Weapons. - (1) The

Secretary of Defense shall determine, for the purposes of this

section, those countries that are known or suspected to have a

program to develop offensive biological weapons. Upon making such

determination, the Secretary shall provide to the Secretary of

Commerce a list of those countries.

"(2) The Secretary of Defense shall update the list under

paragraph (1) on a regular basis. Whenever a country is added to or

deleted from such list, the Secretary shall notify the Secretary of

Commerce.

"(3) Determination under this subsection of countries that are

known or suspected to have a program to develop offensive

biological weapons shall be made in consultation with the Secretary

of State and the intelligence community.

"(d) Definition. - For purposes of this section, the term 'class

2, class 3, or class 4 biological pathogen' means any biological

pathogen that is characterized by the Centers for Disease Control

as a class 2, class 3, or class 4 biological pathogen."

ANNUAL REPORTS ON IMPROVING EXPORT CONTROL MECHANISMS

Pub. L. 104-106, div. A, title XIII, Sec. 1324(a), (b), Feb. 10,

1996, 110 Stat. 480, 481, provided that:

"(a) Joint Reports by Secretaries of State and Commerce. - Not

later than April 1 of each of 1996 and 1997, the Secretary of State

and the Secretary of Commerce shall submit to Congress a joint

report, prepared in consultation with the Secretary of Defense,

relating to United States export-control mechanisms. Each such

report shall set forth measures to be taken to strengthen United

States export-control mechanisms, including -

"(1) steps being taken by each Secretary (A) to share on a

regular basis the export licensing watchlist of that Secretary's

department with the other Secretary, and (B) to incorporate the

export licensing watchlist data received from the other Secretary

into the watchlist of that Secretary's department;

"(2) steps being taken by each Secretary to incorporate into

the watchlist of that Secretary's department similar data from

systems maintained by the Department of Defense and the United

States Customs Service; and

"(3) a description of such further measures to be taken to

strengthen United States export-control mechanisms as the

Secretaries consider to be appropriate.

"(b) Reports by Inspectors General. - (1) Not later than April 1

of each of 1996 and 1997, the Inspector General of the Department

of State and the Inspector General of the Department of Commerce

shall each submit to Congress a report providing that official's

evaluation of the effectiveness during the preceding year of the

export licensing watchlist screening process of that official's

department. The reports shall be submitted in both a classified and

unclassified version.

"(2) Each report of an Inspector General under paragraph (1)

shall (with respect to that official's department) -

"(A) set forth the number of export licenses granted to parties

on the export licensing watchlist;

"(B) set forth the number of end-use checks performed with

respect to export licenses granted to parties on the export

licensing watchlist the previous year;

"(C) assess the screening process used in granting an export

license when an applicant is on the export licensing watchlist;

and

"(D) assess the extent to which the export licensing watchlist

contains all relevant information and parties required by statute

or regulation."

STUDY ON NATIONAL SECURITY EXPORT CONTROLS

Section 2433 of Pub. L. 100-418 directed Secretary of Commerce

and Secretary of Defense, not later than 60 days after Aug. 23,

1988, to enter into appropriate arrangements with National Academy

of Sciences and National Academy of Engineering to conduct a

comprehensive study of adequacy of current export administration

system in safeguarding United States national security while

maintaining United States international competitiveness and Western

technological preeminence, further directed Academies to prepare

and submit to President and Congress, not later than 18 months

after entering into such arrangements, a report containing a

detailed statement of findings and conclusions of Academies

pursuant to such study, together with their recommendations for

such legislative or regulatory reforms as they considered

appropriate, and further provided for an Advisory Panel to aid in

such study, as well as executive branch cooperation, and

appropriations for such study.

-EXEC-

DELEGATION OF AUTHORITY UNDER SECTION 1322(C) OF PUBLIC LAW 104-106

Determination of President of the United States, No. 97-39, Sept.

30, 1997, 62 F.R. 52477, provided:

By the authority vested in me by the Constitution and laws of the

United States of America, I hereby delegate to the Secretary of

Defense the duties and responsibilities vested in the President by

section 1322(c) of the National Defense Authorization Act for

Fiscal Year 1996 ("the Act") (Public Law 104-106, 110 Stat. 478-479

(1996)) [set out as a note above].

The reporting requirement delegated by this memorandum may be

redelegated not lower than the Under Secretary level. The

Department of Defense shall obtain concurrence on the report from

the following agencies: the Department of Commerce, the Department

of State, the Department of the Treasury, and the Director of

Central Intelligence on behalf of the intelligence community prior

to submission to the Congress.

Any reference in this memorandum to the provisions of any Act

shall be deemed to be a reference to such Act or its provisions as

may be amended from time to time.

The Secretary of Defense is authorized and directed to publish

this memorandum in the Federal Register.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5, 2403, 2405, 2410,

2410b, 2411, 2413, 2414, 2415, 2416 of this Appendix; title 12

section 95a; title 19 section 1864; title 22 sections 2797a, 5605,

6004, 6713; title 50 section 1702.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "the".

-End-

-CITE-

50 USC APPENDIX Sec. 2405 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2405. Foreign policy controls

-STATUTE-

(a) Authority

(1) In order to carry out the policy set forth in paragraph

(2)(B), (7), (8), or (13) of section 3 of this Act [section

2402(2)(B), (7), (8), or (13) of this Appendix], the President may

prohibit or curtail the exportation of any goods, technology, or

other information subject to the jurisdiction of the United States

or exported by any person subject to the jurisdiction of the United

States, to the extent necessary to further significantly the

foreign policy of the United States or to fulfill its declared

international obligations. The authority granted by this subsection

shall be exercised by the Secretary, in consultation with the

Secretary of State, the Secretary of Defense, the Secretary of

Agriculture, the Secretary of the Treasury, the United States Trade

Representative, and such other departments and agencies as the

Secretary considers appropriate, and shall be implemented by means

of export licenses issued by the Secretary.

(2) Any export control imposed under this section shall apply to

any transaction or activity undertaken with the intent to evade

that export control, even if that export control would not

otherwise apply to that transaction or activity.

(3) Export controls maintained for foreign policy purposes shall

expire on December 31, 1979, or one year after imposition,

whichever is later, unless extended by the President in accordance

with subsections (b) and (f). Any such extension and any subsequent

extension shall not be for a period of more than one year.

(4) Whenever the Secretary denies any export license under this

subsection, the Secretary shall specify in the notice to the

applicant of the denial of such license that the license was denied

under the authority contained in this subsection, and the reasons

for such denial, with reference to the criteria set forth in

subsection (b) of this section. The Secretary shall also include in

such notice what, if any, modifications in or restrictions on the

goods or technology for which the license was sought would allow

such export to be compatible with controls implemented under this

section, or the Secretary shall indicate in such notice which

officers and employees of the Department of Commerce who are

familiar with the application will be made reasonably available to

the applicant for consultation with regard to such modifications or

restrictions, if appropriate.

(5) In accordance with the provisions of section 10 of this Act

[section 2409 of this Appendix], the Secretary of State shall have

the right to review any export license application under this

section which the Secretary of State requests to review.

(6) Before imposing, expanding, or extending export controls

under this section on exports to a country which can use goods,

technology, or information available from foreign sources and so

incur little or no economic costs as a result of the controls, the

President should, through diplomatic means, employ alternatives to

export controls which offer opportunities of distinguishing the

United States from, and expressing the displeasure of the United

States with, the specific actions of that country in response to

which the controls are proposed. Such alternatives include private

discussions with foreign leaders, public statements in situations

where private diplomacy is unavailable or not effective, withdrawal

of ambassadors, and reduction of the size of the diplomatic staff

that the country involved is permitted to have in the United

States.

(b) Criteria

(1) Subject to paragraph (2) of this subsection, the President

may impose, extend, or expand export controls under this section

only if the President determines that -

(A) such controls are likely to achieve the intended foreign

policy purpose, in light of other factors, including the

availability from other countries of the goods or technology

proposed for such controls, and that foreign policy purpose

cannot be achieved through negotiations or other alternative

means;

(B) the proposed controls are compatible with the foreign

policy objectives of the United States and with overall United

States policy toward the country to which exports are to be

subject to the proposed controls;

(C) the reaction of other countries to the imposition,

extension, or expansion of such export controls by the United

States is not likely to render the controls ineffective in

achieving the intended foreign policy purpose or to be

counterproductive to United States foreign policy interests;

(D) the effect of the proposed controls on the export

performance of the United States, the competitive position of the

United States in the international economy, the international

reputation of the United States as a supplier of goods and

technology, or on the economic well-being of individual United

States companies and their employees and communities does not

exceed the benefit to United States foreign policy objectives;

and

(E) the United States has the ability to enforce the proposed

controls effectively.

(2) With respect to those export controls in effect under this

section on the date of the enactment of the Export Administration

Amendments Act of 1985 [July 12, 1985], the President, in

determining whether to extend those controls, as required by

subsection (a)(3) of this section, shall consider the criteria set

forth in paragraph (1) of this subsection and shall consider the

foreign policy consequences of modifying the export controls.

(c) Consultation with industry

The Secretary in every possible instance shall consult with and

seek advice from affected United States industries and appropriate

advisory committees established under section 135 of the Trade Act

of 1974 [19 U.S.C. 2155] before imposing any export control under

this section. Such consultation and advice shall be with respect to

the criteria set forth in subsection (b)(1) and such other matters

as the Secretary considers appropriate.

(d) Consultation with other countries

When imposing export controls under this section, the President

shall, at the earliest appropriate opportunity, consult with the

countries with which the United States maintains export controls

cooperatively, and with such other countries as the President

considers appropriate, with respect to the criteria set forth in

subsection (b)(1) and such other matters as the President considers

appropriate.

(e) Alternative means

Before resorting to the imposition of export controls under this

section, the President shall determine that reasonable efforts have

been made to achieve the purposes of the controls through

negotiations or other alternative means.

(f) Consultation with Congress

(1) The President may impose or expand export controls under this

section, or extend such controls as required by subsection (a)(3)

of this section, only after consultation with the Congress,

including the Committee on Foreign Affairs of the House of

Representatives and the Committee on Banking, Housing, and Urban

Affairs of the Senate.

(2) The President may not impose, expand, or extend export

controls under this section until the President has submitted to

the Congress a report -

(A) specifying the purpose of the controls;

(B) specifying the determinations of the President (or, in the

case of those export controls described in subsection (b)(2), the

considerations of the President) with respect to each of the

criteria set forth in subsection (b)(1), the bases for such

determinations (or considerations), and any possible adverse

foreign policy consequences of the controls;

(C) describing the nature, the subjects, and the results of, or

the plans for, the consultation with industry pursuant to

subsection (c) and with other countries pursuant to subsection

(d);

(D) specifying the nature and results of any alternative means

attempted under subsection (e), or the reasons for imposing,

expanding, or extending the controls without attempting any such

alternative means; and

(E) describing the availability from other countries of goods

or technology comparable to the goods or technology subject to

the proposed export controls, and describing the nature and

results of the efforts made pursuant to subsection (h) to secure

the cooperation of foreign governments in controlling the foreign

availability of such comparable goods or technology.

Such report shall also indicate how such controls will further

significantly the foreign policy of the United States or will

further its declared international obligations.

(3) To the extent necessary to further the effectiveness of the

export controls, portions of a report required by paragraph (2) may

be submitted to the Congress on a classified basis, and shall be

subject to the provisions of section 12(c) of this Act [section

2411(c) of this Appendix].

(4) In the case of export controls under this section which

prohibit or curtail the export of any agricultural commodity, a

report submitted pursuant to paragraph (2) shall be deemed to be

the report required by section 7(g)(3)(A) of this Act [section

2406(g)(3)(A) of this Appendix].

(5) In addition to any written report required under this

section, the Secretary, not less frequently than annually, shall

present in oral testimony before the Committee on Banking, Housing,

and Urban Affairs of the Senate and the Committee on Foreign

Affairs of the House of Representatives a report on policies and

actions taken by the Government to carry out the provisions of this

section.

(g) Exclusion for medicine and medical supplies and for certain

food exports

This section does not authorize export controls on medicine or

medical supplies. This section also does not authorize export

controls on donations of goods (including, but not limited to,

food, educational materials, seeds and hand tools, medicines and

medical supplies, water resources equipment, clothing and shelter

materials, and basic household supplies) that are intended to meet

basic human needs. Before export controls on food are imposed,

expanded, or extended under this section, the Secretary shall

notify the Secretary of State in the case of export controls

applicable with respect to any developed country and shall notify

the Administrator of the Agency for International Development in

the case of export controls applicable with respect to any

developing country. The Secretary of State with respect to

developed countries, and the Administrator with respect to

developing countries, shall determine whether the proposed export

controls on food would cause measurable malnutrition and shall

inform the Secretary of that determination. If the Secretary is

informed that the proposed export controls on food would cause

measurable malnutrition, then those controls may not be imposed,

expanded, or extended, as the case may be, unless the President

determines that those controls are necessary to protect the

national security interests of the United States, or unless the

President determines that arrangements are insufficient to ensure

that the food will reach those most in need. Each such

determination by the Secretary of State or the Administrator of the

Agency for International Development, and any such determination by

the President, shall be reported to the Congress, together with a

statement of the reasons for that determination. It is the intent

of Congress that the President not impose export controls under

this section on any goods or technology if he determines that the

principal effect of the export of such goods or technology would be

to help meet basic human needs. This subsection shall not be

construed to prohibit the President from imposing restrictions on

the export of medicine or medical supplies or of food under the

International Emergency Economic Powers Act [50 U.S.C 1701 et

seq.]. This subsection shall not apply to any export control on

medicine, medical supplies, or food, except for donations, which is

in effect on the date of the enactment of the Export Administration

Amendments Act of 1985 [July 12, 1985]. Notwithstanding the

preceding provisions of this subsection, the President may impose

export controls under this section on medicine, medical supplies,

food, and donations of goods in order to carry out the policy set

forth in paragraph (13) of section 3 of this Act [section 2402(13)

of this Appendix].

(h) Foreign availability

(1) In applying export controls under this section, the President

shall take all feasible steps to initiate and conclude negotiations

with appropriate foreign governments for the purpose of securing

the cooperation of such foreign governments in controlling the

export to countries and consignees to which the United States

export controls apply of any goods or technology comparable to

goods or technology controlled under this section.

(2) Before extending any export control pursuant to subsection

(a)(3) of this section, the President shall evaluate the results of

his actions under paragraph (1) of this subsection and shall

include the results of that evaluation in his report to the

Congress pursuant to subsection (f) of this section.

(3) If, within 6 months after the date on which export controls

under this section are imposed or expanded, or within 6 months

after the date of the enactment of the Export Administration

Amendments Act of 1985 [July 12, 1985] in the case of export

controls in effect on such date of enactment, the President's

efforts under paragraph (1) are not successful in securing the

cooperation of foreign governments described in paragraph (1) with

respect to those export controls, the Secretary shall thereafter

take into account the foreign availability of the goods or

technology subject to the export controls. If the Secretary

affirmatively determines that a good or technology subject to the

export controls is available in sufficient quantity and comparable

quality from sources outside the United States to countries subject

to the export controls so that denial of an export license would be

ineffective in achieving the purposes of the controls, then the

Secretary shall, during the period of such foreign availability,

approve any license application which is required for the export of

the good or technology and which meets all requirements for such a

license. The Secretary shall remove the good or technology from the

list established pursuant to subsection (l) of this section if the

Secretary determines that such action is appropriate.

(4) In making a determination of foreign availability under

paragraph (3) of this subsection, the Secretary shall follow the

procedures set forth in section 5(f)(3) of this Act [section

2404(f)(3) of this Appendix].

(i) International obligations

The provisions of subsections (b), (c), (d), (e), (g), and (h)

shall not apply in any case in which the President exercises the

authority contained in this section to impose export controls, or

to approve or deny export license applications, in order to fulfill

obligations of the United States pursuant to treaties to which the

United States is a party or pursuant to other international

agreements.

(j) Countries supporting international terrorism

(1) A validated license shall be required for the export of goods

or technology to a country if the Secretary of State has made the

following determinations:

(A) The government of such country has repeatedly provided

support for acts of international terrorism.

(B) The export of such goods or technology 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.

(2) The Secretary and the Secretary of State 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 issuing any validated license required by paragraph (1).

(3) Each determination of the Secretary of State under paragraph

(1)(A), including each determination in effect on the date of the

enactment of the Antiterrorism and Arms Export Amendments Act of

1989 [Dec. 12, 1989], shall be published in the Federal Register.

(4) A determination made by the Secretary of State under

paragraph (1)(A) may not be rescinded unless the President submits

to the Speaker of the House of Representatives 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

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.

(5) The Secretary and the Secretary of State shall include in the

notification required by paragraph (2) -

(A) a detailed description of the goods or services to be

offered, including a brief description of the capabilities of any

article for which a license to export is sought;

(B) the reasons why the foreign country or international

organization to which the export or transfer is proposed to be

made needs the goods or services which are the subject of such

export or transfer and a description of the manner in which such

country or organization intends to use such articles, services,

or design and construction services;

(C) the reasons why the proposed export or transfer is in the

national interest of the United States;

(D) an analysis of the impact of the proposed export or

transfer on the military capabilities of the foreign country or

international organization to which such export or transfer would

be made;

(E) an analysis of the manner in which the proposed export

would affect the relative military strengths of countries in the

region to which the goods or services which are the subject of

such export would be delivered and whether other countries in the

region have comparable kinds and amounts of articles, services,

or design and construction services; and

(F) an analysis of the impact of the proposed export or

transfer on the United States relations with the countries in the

region to which the goods or services which are the subject of

such export would be delivered.

(k) Negotiations with other countries

(1) Countries participating in certain agreements

The Secretary of State, in consultation with the Secretary, the

Secretary of Defense, and the heads of other appropriate

departments and agencies, shall be responsible for conducting

negotiations with those countries participating in the groups

known as the Coordinating Committee, the Missile Technology

Control Regime, the Australia Group, and the Nuclear Suppliers'

Group, regarding their cooperation in restricting the export of

goods and technology in order to carry out -

(A) the policy set forth in section 3(2)(B) of this Act

[section 2402(2)(B) of this Appendix], and

(B) United States policy opposing the proliferation of

chemical, biological, nuclear, and other weapons and their

delivery systems, and effectively restricting the export of

dual use components of such weapons and their delivery systems,

in accordance with this subsection and subsections (a) and (l).

Such negotiations shall cover, among other issues, which goods

and technology should be subject to multilaterally agreed export

restrictions, and the implementation of the restrictions

consistent with the principles identified in section 5(b)(2)(C)

of this Act [section 2404(b)(2)(C) of this Appendix].

(2) Other countries

The Secretary of State, in consultation with the Secretary, the

Secretary of Defense, and the heads of other appropriate

departments and agencies, shall be responsible for conducting

negotiations with countries and groups of countries not referred

to in paragraph (1) regarding their cooperation in restricting

the export of goods and technology consistent with purposes set

forth in paragraph (1). In cases where such negotiations produce

agreements on export restrictions that the Secretary, in

consultation with the Secretary of State and the Secretary of

Defense, determines to be consistent with the principles

identified in section 5(b)(2)(C) of this Act [section

2404(b)(2)(C) of this Appendix], the Secretary may treat exports,

whether by individual or multiple licenses, to countries party to

such agreements in the same manner as exports are treated to

countries that are MTCR adherents.

(3) Review of determinations

The Secretary shall annually review any determination under

paragraph (2) with respect to a country. For each such country

which the Secretary determines is not meeting the requirements of

an effective export control system in accordance with section

5(b)(2)(C) [section 2404(b)(2)(C) of this Appendix], the

Secretary shall restrict or eliminate any preferential licensing

treatment for exports to that country provided under this

subsection.

(l) Missile technology

(1) Determination of controlled items

The Secretary, in consultation with the Secretary of State, the

Secretary of Defense, and the heads of other appropriate

departments and agencies -

(A) shall establish and maintain, as part of the control list

established under this section, a list of all dual use goods

and technology on the MTCR Annex; and

(B) may include, as part of the control list established

under this section, goods and technology that would provide a

direct and immediate impact on the development of missile

delivery systems and are not included in the MTCR Annex but

which the United States is proposing to the other MTCR

adherents to have included in the MTCR Annex.

(2) Requirement of individual validated licenses

The Secretary shall require an individual validated license for

-

(A) any export of goods or technology on the list established

under paragraph (1) to any country; and

(B) any export of goods or technology that the exporter knows

is destined for a project or facility for the design,

development, or manufacture of a missile in a country that is

not an MTCR adherent.

(3) Policy of denial of licenses

(A) Licenses under paragraph (2) should in general be denied if

the ultimate consignee of the goods or technology is a facility

in a country that is not an adherent to the Missile Technology

Control Regime and the facility is designed to develop or build

missiles.

(B) Licenses under paragraph (2) shall be denied if the

ultimate consignee of the goods or technology is a facility in a

country the government of which has been determined under

subsection (j) to have repeatedly provided support for acts of

international terrorism.

(4) Consultation with other departments

(A) A determination of the Secretary to approve an export

license under paragraph (2) for the export of goods or technology

to a country of concern regarding missile proliferation may be

made only after consultation with the Secretary of Defense and

the Secretary of State for a period of 20 days. The countries of

concern referred to in the preceding sentence shall be maintained

on a classified list by the Secretary of State, in consultation

with the Secretary and the Secretary of Defense.

(B) Should the Secretary of Defense disagree with the

determination of the Secretary to approve an export license to

which subparagraph (A) applies, the Secretary of Defense shall so

notify the Secretary within the 20 days provided for consultation

on the determination. The Secretary of Defense shall at the same

time submit the matter to the President for resolution of the

dispute. The Secretary shall also submit the Secretary's

recommendation to the President on the license application.

(C) The President shall approve or disapprove the export

license application within 20 days after receiving the submission

of the Secretary of Defense under subparagraph (B).

(D) Should the Secretary of Defense fail to notify the

Secretary within the time period prescribed in subparagraph (B),

the Secretary may approve the license application without

awaiting the notification by the Secretary of Defense. Should the

President fail to notify the Secretary of his decision on the

export license application within the time period prescribed in

subparagraph (C), the Secretary may approve the license

application without awaiting the President's decision on the

license application.

(E) Within 10 days after an export license is issued under this

subsection, the Secretary shall provide to the Secretary of

Defense and the Secretary of State the license application and

accompanying documents issued to the applicant, to the extent

that the relevant Secretary indicates the need to receive such

application and documents.

(5) Information sharing

The Secretary shall establish a procedure for information

sharing with appropriate officials of the intelligence community,

as determined by the Director of Central Intelligence, and other

appropriate Government agencies, that will ensure effective

monitoring of transfers of MTCR equipment or technology and other

missile technology.

(m) Chemical and biological weapons

(1) Establishment of list

The Secretary, in consultation with the Secretary of State, the

Secretary of Defense, and the heads of other appropriate

departments and agencies, shall establish and maintain, as part

of the list maintained under this section, a list of goods and

technology that would directly and substantially assist a foreign

government or group in acquiring the capability to develop,

produce, stockpile, or deliver chemical or biological weapons,

the licensing of which would be effective in barring acquisition

or enhancement of such capability.

(2) Requirement for validated licenses

The Secretary shall require a validated license for any export

of goods or technology on the list established under paragraph

(1) to any country of concern.

(3) Countries of concern

For purposes of paragraph (2), the term "country of concern"

means any country other than -

(A) a country with whose government the United States has

entered into a bilateral or multilateral arrangement for the

control of goods or technology on the list established under

paragraph (1); and

(B) such other countries as the Secretary of State, in

consultation with the Secretary and the Secretary of Defense,

shall designate consistent with the purposes of the Chemical

and Biological Weapons Control and Warfare Elimination Act of

1991 [22 U.S.C. 5601 et seq.].

(n) Crime control instruments

(1) Crime control and detection instruments and equipment shall

be approved for export by the Secretary only pursuant to a

validated export license. Notwithstanding any other provision of

this Act [sections 2401 to 2420 of this Appendix] -

(A) any determination of the Secretary of what goods or

technology shall be included on the list established pursuant to

subsection (l) (!1) of this section as a result of the export

restrictions imposed by this subsection shall be made with the

concurrence of the Secretary of State, and

(B) any determination of the Secretary to approve or deny an

export license application to export crime control or detection

instruments or equipment shall be made in concurrence with the

recommendations of the Secretary of State submitted to the

Secretary with respect to the application pursuant to section

10(e) of this Act [section 2409(e) of this Appendix],

except that, if the Secretary does not agree with the Secretary of

State with respect to any determination under subparagraph (A) or

(B), the matter shall be referred to the President for resolution.

(2) The provisions of this subsection shall not apply with

respect to exports to countries which are members of the North

Atlantic Treaty Organization or to Japan, Australia, or New

Zealand, or to such other countries as the President shall

designate consistent with the purposes of this subsection and

section 502B of the Foreign Assistance Act of 1961 [22 U.S.C.

2304].

(o) Control list

The Secretary shall establish and maintain, as part of the

control list, a list of any goods or technology subject to export

controls under this section, and the countries to which such

controls apply. The Secretary shall clearly identify on the control

list which goods or technology, and which countries or

destinations, are subject to which types of controls under this

section. Such list shall consist of goods and technology identified

by the Secretary of State, with the concurrence of the Secretary.

If the Secretary and the Secretary of State are unable to agree on

the list, the matter shall be referred to the President. Such list

shall be reviewed not less frequently than every three years in the

case of controls maintained cooperatively with other countries, and

annually in the case of all other controls, for the purpose of

making such revisions as are necessary in order to carry out this

section. During the course of such review, an assessment shall be

made periodically of the availability from sources outside the

United States, or any of its territories or possessions, of goods

and technology comparable to those controlled for export from the

United States under this section.

(p) Effect on existing contracts and licenses

The President may not, under this section, prohibit or curtail

the export or reexport of goods, technology, or other information -

(1) in performance of a contract or agreement entered into

before the date on which the President reports to the Congress,

pursuant to subsection (f) of this section, his intention to

impose controls on the export or reexport of such goods,

technology, or other information, or

(2) under a validated license or other authorization issued

under this Act [sections 2401 to 2420 of this Appendix],

unless and until the President determines and certifies to the

Congress that -

(A) a breach of the peace poses a serious and direct threat to

the strategic interest of the United States,

(B) the prohibition or curtailment of such contracts,

agreements, licenses, or authorizations will be instrumental in

remedying the situation posing the direct threat, and

(C) the export controls will continue only so long as the

direct threat persists.

(q) Extension of certain controls

Those export controls imposed under this section with respect to

South Africa which were in effect on February 28, 1982, and ceased

to be effective on March 1, 1982, September 15, 1982, or January

20, 1983, shall become effective on the date of the enactment of

this subsection [July 12, 1985], and shall remain in effect until 1

year after such date of enactment. At the end of that 1-year

period, any of those controls made effective by this subsection may

be extended by the President in accordance with subsections (b) and

(f) of this section.

(r) Expanded authority to impose controls

(1) In any case in which the President determines that it is

necessary to impose controls under this section without any

limitation contained in subsection (c), (d), (e), (g), (h), or (m)

(!2) of this section, the President may impose those controls only

if the President submits that determination to the Congress,

together with a report pursuant to subsection (f) of this section

with respect to the proposed controls, and only if a law is enacted

authorizing the imposition of those controls. If a joint resolution

authorizing the imposition of those controls is introduced in

either House of Congress within 30 days after the Congress receives

the determination and report of the President, that joint

resolution shall be referred to the Committee on Banking, Housing,

and Urban Affairs of the Senate and to the appropriate committee of

the House of Representatives. If either such committee has not

reported the joint resolution at the end of 30 days after its

referral, the committee shall be discharged from further

consideration of the joint resolution.

(2) For purposes of this subsection, the term "joint resolution"

means a joint resolution the matter after the resolving clause of

which is as follows: "That the Congress, having received on

a determination of the President under section 6(o)(1) (!2) of

the Export Administration Act of 1979 with respect to the export

controls which are set forth in the report submitted to the

Congress with that determination, authorizes the President to

impose those export controls.", with the date of the receipt of the

determination and report inserted in the blank.

(3) In the computation of the periods of 30 days referred to in

paragraph (1), there shall be excluded the days on which either

House of Congress is not in session because of an adjournment of

more than 3 days to a day certain or because of an adjournment of

the Congress sine die.

(s) Spare parts

(1) At the same time as the President imposes or expands export

controls under this section, the President shall determine whether

such export controls will apply to replacement parts for parts in

goods subject to such export controls.

(2) With respect to export controls imposed under this section

before the date of the enactment of this subsection [Aug. 23,

1988], an individual validated export license shall not be required

for replacement parts which are exported to replace on a

one-for-one basis parts that were in a good that was lawfully

exported from the United States, unless the President determines

that such a license should be required for such parts.

-SOURCE-

(Pub. L. 96-72, Sec. 6, Sept. 29, 1979, 93 Stat. 513; Pub. L.

96-533, title I, Sec. 111, Dec. 16, 1980, 94 Stat. 3138; Pub. L.

97-145, Sec. 6, Dec. 29, 1981, 95 Stat. 1728; Pub. L. 99-64, title

I, Sec. 108(a)-(g)(1), (h)-(j)(1), (k), (l)(1), July 12, 1985, 99

Stat. 131-136; Pub. L. 99-399, title V, Sec. 509(b), Aug. 27, 1986,

100 Stat. 874; Pub. L. 100-418, title II, Sec. 2423, Aug. 23, 1988,

102 Stat. 1358; Pub. L. 101-222, Sec. 4, Dec. 12, 1989, 103 Stat.

1897; Pub. L. 101-510, div. A, title XVII, Sec. 1702(a), Nov. 5,

1990, 104 Stat. 1739; Pub. L. 102-138, title V, Sec. 504(b), Oct.

28, 1991, 105 Stat. 724; Pub. L. 102-182, title III, Secs. 304(b),

309(a), Dec. 4, 1991, 105 Stat. 1246, 1258; Pub. L. 103-236, title

VII, Sec. 736, Apr. 30, 1994, 108 Stat. 506; Pub. L. 104-316, title

I, Sec. 128(c), Oct. 19, 1996, 110 Stat. 3841; Pub. L. 105-277,

div. G, title XIV, Sec. 1422(b)(7), Oct. 21, 1998, 112 Stat.

2681-793.)

-REFTEXT-

REFERENCES IN TEXT

The International Emergency Economic Powers Act, referred to in

subsec. (g), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat.

1626, which is classified generally to chapter 35 (Sec. 1701 et

seq.) of Title 50, War and National Defense. For complete

classification of this Act to the Code, see Short Title note set

out under section 1701 of Title 50 and Tables.

The Chemical and Biological Weapons Control and Warfare

Elimination Act of 1991, referred to in subsec. (m)(3)(B), is title

III of Pub. L. 102-182, Dec. 4, 1991, 105 Stat. 1245, which is

classified principally to chapter 65 (Sec. 5601 et seq.) of Title

22, Foreign Relations and Intercourse. For complete classification

of this Act to the Code, see Short Title note set out under section

5601 of Title 22 and Tables.

Subsections (l) and (m) of this section, referred to in subsecs.

(n)(1)(A) and (r)(1), were successively redesignated as subsections

(n) and (o), respectively, of this section by Pub. L. 101-510, div.

A, title XVII, Sec. 1702(a)(1), Nov. 5, 1990, 104 Stat. 1739, then

as subsections (o) and (p), respectively, of this section by Pub.

L. 102-182, title III, Sec. 304(b), Dec. 4, 1991, 105 Stat. 1246,

without corresponding amendments to such references.

Section 6(o)(1) of the Export Administration Act of 1979,

referred to in subsec. (r)(2), which was classified to subsec.

(o)(1) of this section, was redesignated successively as section

6(q)(1) by Pub. L. 101-510, div. A, title XVII, Sec. 1702(a)(1),

Nov. 5, 1990, 104 Stat. 1739, then as section 6(r)(1) by Pub. L.

102-182, title III, Sec. 304(b), Dec. 4, 1991, 105 Stat. 1246,

without a corresponding amendment to such reference.

-MISC1-

PRIOR PROVISIONS

A prior section 2405, Pub. L. 91-184, Sec. 6, Dec. 30, 1969, 83

Stat. 844; Pub. L. 95-52, title I, Secs. 103(d), 112, title II,

Sec. 203(a), June 22, 1977, 91 Stat. 237, 240, 247; Pub. L. 95-223,

title III, Sec. 301(b)(2), Dec. 28, 1977, 91 Stat. 1629, setting

forth provisions respecting violations and penalties, expired on

Sept. 30, 1979.

AMENDMENTS

1998 - Subsec. (g). Pub. L. 105-277, which directed amendment of

"Section 2405(g) of the Export Administration Act of 1979" by

substituting "Administrator of the Agency for International

Development" for "Director of the United States International

Development Cooperation Agency" in two places and substituting

"Administrator" for "Director" in the fourth sentence, was executed

to subsec. (g) of this section, which is section 6 of the Export

Administration Act of 1979, to reflect the probable intent of

Congress.

1996 - Subsec. (f)(3). Pub. L. 104-316 struck out after first

sentence "Each such report shall, at the same time it is submitted

to the Congress, also be submitted to the General Accounting Office

for the purpose of assessing the report's full compliance with the

intent of this subsection."

1994 - Subsec. (j)(5). Pub. L. 103-236 added par. (5).

1991 - Subsecs. (m) to (s). Pub. L. 102-182, Sec. 304(b), added

subsec. (m) and redesignated former subsecs. (m) to (r) as (n) to

(s), respectively.

Pub. L. 102-138, which made an amendment similar to that made by

Pub. L. 102-182, Sec. 304(b), by adding a subsec. (m) and

redesignating former subsecs. (m) to (r) as (n) to (s),

respectively, was repealed by Pub. L. 102-182, Sec. 309(a).

1990 - Subsecs. (k) to (r). Pub. L. 101-510 added subsecs. (k)

and (l) and redesignated former subsecs. (k) to (p) as (m) to (r),

respectively.

1989 - Subsec. (j). Pub. L. 101-222 amended subsec. (j)

generally, substituting pars. (1) to (4) for former pars. (1) and

(2).

1988 - Subsec. (a)(6). Pub. L. 100-418, Sec. 2423(a), added par.

(6).

Subsec. (p). Pub. L. 100-418, Sec. 2423(b), added subsec. (p).

1986 - Subsec. (j)(1). Pub. L. 99-399 substituted "$1,000,000"

for "$7,000,000".

1985 - Subsec. (a)(1). Pub. L. 99-64, Sec. 108(a)(1), substituted

"(8), or (13)" for "or (8)", and inserted ", the Secretary of

Defense, the Secretary of Agriculture, the Secretary of the

Treasury, the United States Trade Representative," after "in

consultation with the Secretary of State".

Subsec. (a)(2). Pub. L. 99-64, Sec. 108(a)(3), added par. (2).

Former par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 99-64, Sec. 108(a)(2), (4), redesignated

par. (2) as (3) and substituted "subsections (b) and (f)" for

"subsections (b) and (e)". Former par. (3) redesignated (4).

Subsec. (a)(4), (5). Pub. L. 99-64, Sec. 108(a)(2), redesignated

pars. (3) and (4) as (4) and (5), respectively.

Subsec. (b). Pub. L. 99-64, Sec. 108(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "When

imposing, expanding, or extending export controls under this

section, the President shall consider -

"(1) the probability that such controls will achieve the

intended foreign policy purpose, in light of other factors,

including the availability from other countries of the goods or

technology proposed for such controls;

"(2) the compatibility of the proposed controls with the

foreign policy objectives of the United States, including the

effort to counter international terrorism, and with overall

United States policy toward the country which is the proposed

target of the controls;

"(3) the reaction of other countries to the imposition or

expansion of such export controls by the United States;

"(4) the likely effects of the proposed controls on the export

performance of the United States, on the competitive position of

the United States in the international economy, on the

international reputation of the United States as a supplier of

goods and technology, and on individual United States companies

and their employees and communities, including the effects of the

controls on existing contracts;

"(5) the ability of the United States to enforce the proposed

controls effectively; and

"(6) the foreign policy consequences of not imposing controls."

Subsec. (c). Pub. L. 99-64, Sec. 108(c), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "The

Secretary, before imposing export controls under this section,

shall consult with such affected United States industries as the

Secretary considers appropriate, with respect to the criteria set

forth in paragraphs (1) and (4) of subsection (b) and such other

matters as the Secretary considers appropriate."

Subsec. (d). Pub. L. 99-64, Sec. 108(d)(2), added subsec. (d).

Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 99-64, Sec. 108(d)(1), redesignated former

subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 99-64, Sec. 108(d)(1), (e), redesignated

former subsec. (e) as (f), amended subsec. (f) generally,

substituting "Consultation with Congress" for "Notification to

Congress" in heading, and in text making consultation with the

Congress mandatory and not merely discretionary before the

President imposes, expands, or extends export controls. Former

subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 99-64, Sec. 108(d)(1), (f), redesignated

former subsec. (f) as (g), inserted sentence directing that this

section does not authorize export controls on donations of goods

that are intended to meet basic human needs, and substituted "This

subsection shall not apply to any export control on medicine,

medical supplies, or food, except for donations, which is in effect

on the date of the enactment of the Export Administration

Amendments Act of 1985" for "This subsection shall not apply to any

export control on medicine or medical supplies which is in effect

on the effective date of this Act or to any export control on food

which is in effect on the date of the enactment of the Export

Administration Amendments Act of 1981" and inserted:

"Notwithstanding the preceding provisions of this subsection, the

President may impose export controls under this section on

medicine, medical supplies, food, and donations of goods in order

to carry out the policy set forth in paragraph (13) of section 3 of

this Act."

Subsec. (h). Pub. L. 99-64, Sec. 108(g)(1), designated existing

provisions as par. (1) and added pars. (2) to (4).

Pub. L. 99-64, Sec. 108(d)(1), redesignated former subsec. (g) as

(h). Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 99-64, Sec. 108(d)(1), (h), redesignated

former subsec. (h) as (i) and substituted "(e), (g), and (h)" for

"(f), and (g)". Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 99-64, Sec. 108(d)(1), (i), redesignated

former subsec. (i) as (j), amended subsec. (j) generally,

designating the existing sentence as par. (1) and former pars. (1)

and (2) thereof as subpars. (A) and (B), and adding par. (2).

Former subsec. (j) redesignated (k).

Subsec. (k). Pub. L. 99-64, Sec. 108(d)(1), redesignated former

subsec. (j) as (k). Former subsec. (k) redesignated (l).

Subsec. (k)(1). Pub. L. 99-64, Sec. 108(j)(1), inserted sentence

relating to the concurrence of the Secretary of State.

Subsec. (l). Pub. L. 99-64, Sec. 108(d)(1), (k), redesignated

former subsec. (k) as (l), substituted reference to "the control

list" for existing reference to "the commodity control list' after

"The Secretary shall establish and maintain, as part of", and

substituted "The Secretary shall clearly identify on the control

list which goods or technology, and which countries or

destinations, are subject to which types of controls under this

section" for "Such goods or technology shall be clearly identified

as subject to controls under this section".

Subsecs. (m) to (o). Pub. L. 99-64, Sec. 108(l)(1), added

subsecs. (m) to (o).

1981 - Subsec. (f). Pub. L. 97-145 inserted provisions

restricting the imposition of export controls on food when such

controls would result in measurable malnutrition, unless the

President determines that the controls are necessary to protect the

United States national security interests or that the food would

not reach persons most in need.

1980 - Pub. L. 96-533 required notification of certain commercial

exports to be given to the Committee on Foreign Relations of the

Senate and prescribed that notice be given to the committees at

least 30 days before approval of the export license.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,

1999, or date of abolition of the United States International

Development Cooperation Agency pursuant to reorganization plan

described in section 6601 of Title 22, Foreign Relations and

Intercourse, see section 1401 of Pub. L. 105-277, set out as an

Effective Date note under section 6561 of Title 22.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 108(g)(2) of Pub. L. 99-64 provided that: "The amendments

made by paragraph (1) of this subsection [amending this section]

shall not apply to export controls in effect under subsection (i),

(j), or (k) of section 6 of the Export Administration Act of 1979

[subsec. (i), (j), or (k) of this section] (as redesignated by

subsection (d) of this section) immediately before the date of the

enactment of this Act [July 12, 1985], or to export controls made

effective by subsection (i)(2) of this section [there is no section

108(i)(2) of Pub. L. 99-64] or by section 6(n) of the Export

Administration Act of 1979 [subsec. (n) of this section] (as added

by subsection (l)(1) of this section)."

Section 108(j)(2) of Pub. L. 99-64 provided that: "The amendment

made by paragraph (1) of this subsection [amending this section]

shall apply to determinations of the Secretary of Commerce which

are made on or after the date of the enactment of this Act [July

12, 1985]."

Section 108(l)(2) of Pub. L. 99-64 provided that: "Subsections

(m) and (o) of section 6 of the Export Administration Act of 1979

[subsecs. (m) and (o) of this section], as added by paragraph (1)

of this subsection, shall not apply to export controls in effect

immediately before the date of the enactment of this Act [July 12,

1985], or to export controls made effective by subsection (i)(2) of

this section [there is no section 108(i)(2) of Pub. L. 99-64] or by

section 6(n) of the Export Administration Act of 1979 [subsec. (n)

of this section] (as added by paragraph (1) of this subsection)."

-TRANS-

DELEGATION OF FUNCTIONS

Functions conferred upon President under this section delegated

to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45

F.R. 29783, set out under 2403 of this Appendix, with exception of

functions conferred upon President under subsec. (g) of this

section which were delegated to Secretary of State and functions

conferred upon President under subsec. (k) of this section which

were reserved to President.

-MISC3-

EXERCISE OF STATUTORY AUTHORITIES RESPECTING IMPOSITION OF TOTAL

EMBARGO IN EVENT OF SOVIET OR WARSAW PACT MILITARY ACTION IN POLAND

Section 7 of Pub. L. 97-145 provided that: "Notwithstanding any

other provision of law, no provision of the Export Administration

Act of 1979, as amended by this Act [sections 2401 to 2420 of this

Appendix], or of any other Act shall be construed to prohibit the

exercise of authorities contained in the Export Administration Act

of 1979 to impose a total embargo in the event of Soviet or Warsaw

Pact military action against Poland."

-EXEC-

ADMINISTRATION OF EXPORT CONTROLS ON ENCRYPTION PRODUCTS

For provision that subsec. (h)(2) to (4) of this section is not

applicable with respect to export controls on encryption products,

see Ex. Ord. No. 13026, Sec. 1(a), set out as a note under section

2403 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5, 2170, 2407, 2410,

2410b, 2410c, 2413, 2414, 2416 of this Appendix; title 8 section

1735; title 10 sections 2249a, 2327; title 12 section 95a; title 18

sections 175b, 2332d; title 19 section 2462; title 22 sections

262p-4q, 2378, 2656f, 2708, 2712, 2797, 2797a, 2797b, 2798,

2799aa-1, 4305, 5605, 6461, 6713, 7205, 7533; title 26 section 901;

title 28 section 1605; title 50 section 1702.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX Sec. 2406 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2406. Short supply controls

-STATUTE-

(a) Authority

(1) In order to carry out the policy set forth in section 3(2)(C)

of this Act [section 2402(2)(C) of this Appendix], the President

may prohibit or curtail the export of any goods subject to the

jurisdiction of the United States or exported by any person subject

to the jurisdiction of the United States. In curtailing exports to

carry out the policy set forth in section 3(2)(C) of this Act

[section 2402(2)(C) of this Appendix], the President shall allocate

a portion of export licenses on the basis of factors other than a

prior history of exportation. Such factors shall include the extent

to which a country engages in equitable trade practices with

respect to United States goods and treats the United States

equitably in times of short supply.

(2) Upon imposing quantitative restrictions on exports of any

goods to carry out the policy set forth in section 3(2)(C) of this

Act [section 2402(2)(C) of this Appendix], the Secretary shall

include in a notice published in the Federal Register with respect

to such restrictions an invitation to all interested parties to

submit written comments within 15 days from the date of publication

on the impact of such restrictions and the method of licensing used

to implement them.

(3) In imposing export controls under this section, the

President's authority shall include, but not be limited to, the

imposition of export license fees.

(b) Monitoring

(1) In order to carry out the policy set forth in section 3(2)(C)

of this Act [section 2402(2)(C) of this Appendix], the Secretary

shall monitor exports, and contracts for exports, of any good

(other than a commodity which is subject to the reporting

requirements of section 812 (!1) of the Agricultural Act of 1970 [7

U.S.C. 612c-3]) when the volume of such exports in relation to

domestic supply contributes, or may contribute, to an increase in

domestic prices or a domestic shortage, and such price increase or

shortage has, or may have, a serious adverse impact on the economy

or any sector thereof. Any such monitoring shall commence at a time

adequate to assure that the monitoring will result in a data base

sufficient to enable policies to be developed, in accordance with

section 3(2)(C) of this Act [section 2402(2)(C) of this Appendix],

to mitigate a short supply situation or serious inflationary price

rise or, if export controls are needed, to permit imposition of

such controls in a timely manner. Information which the Secretary

requires to be furnished in effecting such monitoring shall be

confidential, except as provided in paragraph (2) of this

subsection.

(2) The results of such monitoring shall, to the extent

practicable, be aggregated and included in weekly reports setting

forth, with respect to each item monitored, actual and anticipated

exports, the destination by country, and the domestic and worldwide

price, supply, and demand. Such reports may be made monthly if the

Secretary determines that there is insufficient information to

justify weekly reports.

(3) The Secretary shall consult with the Secretary of Energy to

determine whether monitoring or export controls under this section

are warranted with respect to exports of facilities, machinery, or

equipment normally and principally used, or intended to be used, in

the production, conversion, or transportation of fuels and energy

(except nuclear energy), including, but not limited to, drilling

rigs, platforms, and equipment; petroleum refineries, natural gas

processing, liquefaction, and gasification plants; facilities for

production of synthetic natural gas or synthetic crude oil; oil and

gas pipelines, pumping stations, and associated equipment; and

vessels for transporting oil, gas, coal, and other fuels.

(c) Petitions for monitoring or controls

(1)(A) Any entity, including a trade association, firm, or

certified or recognized union or group of workers, that is

representative of an industry or a substantial segment of an

industry that processes metallic materials capable of being

recycled may transmit a written petition to the Secretary

requesting the monitoring of exports or the imposition of export

controls, or both, with respect to any such material, in order to

carry out the policy set forth in section 3(2)(C) of this Act

[section 2402(2)(C) of this Appendix].

(B) Each petition shall be in such form as the Secretary shall

prescribe and shall contain information in support of the action

requested. The petition shall include any information reasonably

available to the petitioner indicating that each of the criteria

set forth in paragraph (3)(A) of this subsection is satisfied.

(2) Within 15 days after receipt of any petition described in

paragraph (1), the Secretary shall publish a notice in the Federal

Register. The notice shall -

(A) include the name of the material that is the subject of the

petition,

(B) include the Schedule B number of the material as set forth

in the Statistical Classification of Domestic and Foreign

Commodities Exported from the United States,

(C) indicate whether the petitioner is requesting that controls

or monitoring, or both, be imposed with respect to the

exportation of such material, and

(D) provide that interested persons shall have a period of 30

days beginning on the date of publication of such notice to

submit to the Secretary written data, views or arguments, with or

without opportunity for oral presentation, with respect to the

matter involved.

At the request of the petitioner or any other entity described in

paragraph (1)(A) with respect to the material that is the subject

of the petition, or at the request of any entity representative of

producers or exporters of such material, the Secretary shall

conduct public hearings with respect to the subject of the

petition, in which case the 30-day period may be extended to 45

days.

(3)(A) Within 45 days after the end of the 30- or 45-day period

described in paragraph (2), as the case may be, the Secretary shall

determine whether to impose monitoring or controls, or both, on the

export of the material that is the subject of the petition, in

order to carry out the policy set forth in section 3(2)(C) of this

Act [section 2402(2)(C) of this Appendix]. In making such

determination, the Secretary shall determine whether -

(i) there has been a significant increase, in relation to a

specific period of time, in exports of such material in relation

to domestic supply and demand;

(ii) there has been a significant increase in the domestic

price of such material or a domestic shortage of such material

relative to demand;

(iii) exports of such material are as important as any other

cause of a domestic price increase or shortage relative to demand

found under clause (ii);

(iv) a domestic price increase or shortage relative to demand

found under clause (ii) has significantly adversely affected or

may significantly adversely affect the national economy or any

sector thereof, including a domestic industry; and

(v) monitoring or controls, or both, are necessary in order to

carry out the policy set forth in section 3(2)(C) of this Act

[section 2402(2)(C) of this Appendix].

(B) The Secretary shall publish in the Federal Register a

detailed statement of the reasons for the Secretary's determination

pursuant to subparagraph (A) of whether to impose monitoring or

controls, or both, including the findings of fact in support of

that determination.

(4) Within 15 days after making a determination under paragraph

(3) to impose monitoring or controls on the export of a material,

the Secretary shall publish in the Federal Register proposed

regulations with respect to such monitoring or controls. Within 30

days after the publication of such proposed regulations, and after

considering any public comments on the proposed regulations, the

Secretary shall publish and implement final regulations with

respect to such monitoring or controls.

(5) For purposes of publishing notices in the Federal Register

and scheduling public hearings pursuant to this subsection, the

Secretary may consolidate petitions, and responses to such

petitions, which involve the same or related materials.

(6) If a petition with respect to a particular material or group

of materials has been considered in accordance with all the

procedures prescribed in this subsection, the Secretary may

determine, in the absence of significantly changed circumstances,

that any other petition with respect to the same material or group

of materials which is filed within 6 months after the consideration

of the prior petition has been completed does not merit complete

consideration under this subsection.

(7) The procedures and time limits set forth in this subsection

with respect to a petition filed under this subsection shall take

precedence over any review undertaken at the initiative of the

Secretary with respect to the same subject as that of the petition.

(8) The Secretary may impose monitoring or controls, on a

temporary basis, on the export of a metallic material after a

petition is filed under paragraph (1)(A) with respect to that

material but before the Secretary makes a determination under

paragraph (3) with respect to that material only if -

(A) the failure to take such temporary action would result in

irreparable harm to the entity filing the petition, or to the

national economy or segment thereof, including a domestic

industry, and

(B) the Secretary considers such action to be necessary to

carry out the policy set forth in section 3(2)(C) of this Act

[section 2402(2)(C) of this Appendix].

(9) The authority under this subsection shall not be construed to

affect the authority of the Secretary under any other provision of

this Act [sections 2401 to 2420 of this Appendix], except that if

the Secretary determines, on the Secretary's own initiative, to

impose monitoring or controls, or both, on the export of metallic

materials capable of being recycled, under the authority of this

section, the Secretary shall publish the reasons for such action in

accordance with paragraph (3)(A) and (B) of this subsection.

(10) Nothing contained in this subsection shall be construed to

preclude submission on a confidential basis to the Secretary of

information relevant to a decision to impose or remove monitoring

or controls under the authority of this Act [sections 2401 to 2420

of this Appendix], or to preclude consideration of such information

by the Secretary in reaching decisions required under this

subsection. The provisions of this paragraph shall not be construed

to affect the applicability of section 552(b) of title 5, United

States Code.

(d) Domestically produced crude oil

(1) Notwithstanding any other provision of this Act [sections

2401 to 2420 of this Appendix] and notwithstanding subsection (u)

of section 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185),

no domestically produced crude oil transported by pipeline over

right-of-way granted pursuant to section 203 of the Trans-Alaska

Pipeline Authorization Act (43 U.S.C. 1652) (except any such crude

oil which (A) is exported to an adjacent foreign country to be

refined and consumed therein in exchange for the same quantity of

crude oil being exported from that country to the United States;

such exchange must result through convenience or increased

efficiency of transportation in lower prices for consumers of

petroleum products in the United States as described in paragraph

(2)(A)(ii) of this subsection, (B) is temporarily exported for

convenience or increased efficiency of transportation across parts

of an adjacent foreign country and reenters the United States, or

(C) is transported to Canada, to be consumed therein, in amounts

not to exceed an annual average of 50,000 barrels per day, in

addition to exports under subparagraphs (A) and (B), except that

any ocean transportation of such oil shall be by vessels documented

under section 12106 of title 46, United States Code) may be

exported from the United States, or any of its territories and

possessions, subject to paragraph (2) of this subsection.

(2) Crude oil subject to the prohibition contained in paragraph

(1) may be exported only if -

(A) the President so recommends to the Congress after making

and publishing express findings that exports of such crude oil,

including exchanges -

(i) will not diminish the total quantity or quality of

petroleum refined within, stored within, or legally committed

to be transported to and sold within the United States;

(ii) will, within 3 months following the initiation of such

exports or exchanges, result in (I) acquisition costs to the

refiners which purchase the imported crude oil being lower than

the acquisition costs such refiners would have to pay for the

domestically produced oil in the absence of such an export or

exchange, and (II) not less than 75 percent of such savings in

costs being reflected in wholesale and retail prices of

products refined from such imported crude oil;

(iii) will be made only pursuant to contracts which may be

terminated if the crude oil supplies of the United States are

interrupted, threatened, or diminished;

(iv) are clearly necessary to protect the national interest;

and

(v) are in accordance with the provisions of this Act

[sections 2401 to 2420 of this Appendix]; and

(B) the President includes such findings in his recommendation

to the Congress and the Congress, within 60 days after receiving

that recommendation, agrees to a joint resolution which approves

such exports on the basis of those findings, and which is

thereafter enacted into law.

(3) Notwithstanding any other provision of this section or any

other provision of law, including subsection (u) of section 28 of

the Mineral Leasing Act of 1920 [30 U.S.C. 185(u)], the President

may export oil to any country pursuant to a bilateral international

oil supply agreement entered into by the United States with such

nation before June 25, 1979, or to any country pursuant to the

International Emergency Oil Sharing Plan of the International

Energy Agency.

(e) Refined petroleum products

(1) In any case in which the President determines that it is

necessary to impose export controls on refined petroleum products

in order to carry out the policy set forth in section 3(2)(C) of

this Act [section 2402(2)(C) of this Appendix], the President shall

notify the Congress of that determination. The President shall also

notify the Congress if and when he determines that such export

controls are no longer necessary. During any period in which a

determination that such export controls are necessary is in effect,

no refined petroleum product may be exported except pursuant to an

export license specifically authorizing such export. Not later than

5 days after an application for a license to export any refined

petroleum product or residual fuel oil is received, the Secretary

shall notify the Congress of such application, together with the

name of the exporter, the destination of the proposed export, and

the amount and price of the proposed export. Such notification

shall be made to the chairman of the Committee on Foreign Affairs

of the House of Representatives and the chairman of the Committee

on Banking, Housing, and Urban Affairs of the Senate.

(2) The Secretary may not grant such license during the 30-day

period beginning on the date on which notification to the Congress

under paragraph (1) is received, unless the President certifies in

writing to the Speaker of the House of Representatives and the

President pro tempore of the Senate that the proposed export is

vital to the national interest and that a delay in issuing the

license would adversely affect that interest.

(3) This subsection shall not apply to (A) any export license

application for exports to a country with respect to which

historical export quotas established by the Secretary on the basis

of past trading relationships apply, or (B) any license application

for exports to a country if exports under the license would not

result in more than 250,000 barrels of refined petroleum products

being exported from the United States to such country in any fiscal

year.

(4) For purposes of this subsection, "refined petroleum product"

means gasoline, kerosene, distillates, propane or butane gas,

diesel fuel, and residual fuel oil refined within the United States

or entered for consumption within the United States.

(5) The Secretary may extend any time period prescribed in

section 10 of this Act [section 2409 of this Appendix] to the

extent necessary to take into account delays in action by the

Secretary on a license application on account of the provisions of

this subsection.

(f) Certain petroleum products

Petroleum products refined in United States Foreign Trade Zones,

or in the United States Territory of Guam, from foreign crude oil

shall be excluded from any quantitative restrictions imposed under

this section except that, if the Secretary finds that a product is

in short supply, the Secretary may issue such regulations as may be

necessary to limit exports.

(g) Agricultural commodities

(1) The authority conferred by this section shall not be

exercised with respect to any agricultural commodity, including

fats and oils or animal hides or skins, without the approval of the

Secretary of Agriculture. The Secretary of Agriculture shall not

approve the exercise of such authority with respect to any such

commodity during any period for which the supply of such commodity

is determined by the Secretary of Agriculture to be in excess of

the requirements of the domestic economy except to the extent the

President determines that such exercise of authority is required to

carry out the policies set forth in subparagraph (A) or (B) of

paragraph (2) of section 3 of this Act [section 2402(2)(A) or (B)

of this Appendix]. The Secretary of Agriculture shall, by

exercising the authorities which the Secretary of Agriculture has

under other applicable provisions of law, collect data with respect

to export sales of animal hides and skins.

(2) Upon approval of the Secretary, in consultation with the

Secretary of Agriculture, agricultural commodities purchased by or

for use in a foreign country may remain in the United States for

export at a later date free from any quantitative limitations on

export which may be imposed to carry out the policy set forth in

section 3(2)(C) of this Act [section 2402(2)(C) of this Appendix]

subsequent to such approval. The Secretary may not grant such

approval unless the Secretary receives adequate assurance and, in

conjunction with the Secretary of Agriculture, finds (A) that such

commodities will eventually be exported, (B) that neither the sale

nor export thereof will result in an excessive drain of scarce

materials and have a serious domestic inflationary impact, (C) that

storage of such commodities in the United States will not unduly

limit the space available for storage of domestically owned

commodities, and (D) that the purpose of such storage is to

establish a reserve of such commodities for later use, not

including resale to or use by another country. The Secretary may

issue such regulations as may be necessary to implement this

paragraph.

(3)(A) If the President imposes export controls on any

agricultural commodity in order to carry out the policy set forth

in paragraph (2)(B), (2)(C), (7), or (8) of section 3 of this Act

[section 2402(2)(B), (2)(C), (7), or (8) of this Appendix], the

President shall immediately transmit a report on such action to the

Congress, setting forth the reasons for the controls in detail and

specifying the period of time, which may not exceed 1 year, that

the controls are proposed to be in effect. If the Congress, within

60 days after the date of its receipt of the report, adopts a joint

resolution pursuant to paragraph (4) approving the imposition of

the export controls, then such controls shall remain in effect for

the period specified in the report, or until terminated by the

President, whichever occurs first. If the Congress, within 60 days

after the date of its receipt of such report, fails to adopt a

joint resolution approving such controls, then such controls shall

cease to be effective upon the expiration of that 60-day period.

(B) The provisions of subparagraph (A) and paragraph (4) shall

not apply to export controls -

(i) which are extended under this Act [sections 2401 to 2420 of

this Appendix] if the controls, when imposed, were approved by

the Congress under subparagraph (A) and paragraph (4); or

(ii) which are imposed with respect to a country as part of the

prohibition or curtailment of all exports to that country.

(4)(A) For purposes of this paragraph, the term "joint

resolution" means only a joint resolution the matter after the

resolving clause of which is as follows: "That, pursuant to section

7(g)(3) of the Export Administration Act of 1979, the President may

impose export controls as specified in the report submitted to the

Congress on .", with the blank space being filled with

the appropriate date.

(B) On the day on which a report is submitted to the House of

Representatives and the Senate under paragraph (3), a joint

resolution with respect to the export controls specified in such

report shall be introduced (by request) in the House by the

chairman of the Committee on Foreign Affairs, for himself and the

ranking minority member of the Committee, or by Members of the

House designated by the chairman and ranking minority member; and

shall be introduced (by request) in the Senate by the majority

leader of the Senate, for himself and the minority leader of the

Senate, or by Members of the Senate designated by the majority

leader and minority leader of the Senate. If either House is not in

session on the day on which such a report is submitted, the joint

resolution shall be introduced in that House, as provided in the

preceding sentence, on the first day thereafter on which that House

is in session.

(C) All joint resolutions introduced in the House of

Representatives shall be referred to the appropriate committee and

all joint resolutions introduced in the Senate shall be referred to

the Committee on Banking, Housing, and Urban Affairs.

(D) If the committee of either House to which a joint resolution

has been referred has not reported the joint resolution at the end

of 30 days after its referral, the committee shall be discharged

from further consideration of the joint resolution or of any other

joint resolution introduced with respect to the same matter.

(E) A joint resolution under this paragraph shall be considered

in the Senate in accordance with the provisions of section

601(b)(4) of the International Security Assistance and Arms Export

Control Act of 1976. For the purpose of expediting the

consideration and passage of joint resolutions reported or

discharged pursuant to the provisions of this paragraph, it shall

be in order for the Committee on Rules of the House of

Representatives to present for consideration a resolution of the

House of Representatives providing procedures for the immediate

consideration of a joint resolution under this paragraph which may

be similar, if applicable, to the procedures set forth in section

601(b)(4) of the International Security Assistance and Arms Export

Control Act of 1976.

(F) In the case of a joint resolution described in subparagraph

(A), if, before the passage by one House of a joint resolution of

that House, that House receives a resolution with respect to the

same matter from the other House, then -

(i) the procedure in that House shall be the same as if no

joint resolution had been received from the other House; but

(ii) the vote on final passage shall be on the joint resolution

of the other House.

(5) In the computation of the period of 60 days referred to in

paragraph (3) and the period of 30 days referred to in subparagraph

(D) of paragraph (4), there shall be excluded the days on which

either House of Congress is not in session because of an

adjournment of more than 3 days to a day certain or because of an

adjournment of the Congress sine die.

(h) Barter agreements

(1) The exportation pursuant to a barter agreement of any goods

which may lawfully be exported from the United States, for any

goods which may lawfully be imported into the United States, may be

exempted, in accordance with paragraph (2) of this subsection, from

any quantitative limitation on exports (other than any reporting

requirement) imposed to carry out the policy set forth in section

3(2)(C) of this Act [section 2402(2)(C) of this Appendix].

(2) The Secretary shall grant an exemption under paragraph (1) if

the Secretary finds, after consultation with the appropriate

department or agency of the United States, that -

(A) for the period during which the barter agreement is to be

performed -

(i) the average annual quantity of the goods to be exported

pursuant to the barter agreement will not be required to

satisfy the average amount of such goods estimated to be

required annually by the domestic economy and will be surplus

thereto; and

(ii) the average annual quantity of the goods to be imported

will be less than the average amount of such goods estimated to

be required annually to supplement domestic production; and

(B) the parties to such barter agreement have demonstrated

adequately that they intend, and have the capacity, to perform

such barter agreement.

(3) For purposes of this subsection, the term "barter agreement"

means any agreement which is made for the exchange, without

monetary consideration, of any goods produced in the United States

for any goods produced outside of the United States.

(4) This subsection shall apply only with respect to barter

agreements entered into after the effective date of this Act

[September 30, 1979].

(i) Unprocessed red cedar

(1) The Secretary shall require a validated license, under the

authority contained in subsection (a) of this section, for the

export of unprocessed western red cedar (Thuja plicata) logs,

harvested from State or Federal lands. The Secretary shall impose

quantitative restrictions upon the export of unprocessed western

red cedar logs during the 3-year period beginning on the effective

date of this Act [September 30, 1979] as follows:

(A) Not more than thirty million board feet scribner of such

logs may be exported during the first year of such 3-year period.

(B) Not more than fifteen million board feet scribner of such

logs may be exported during the second year of such period.

(C) Not more than five million board feet scribner of such logs

may be exported during the third year of such period.

After the end of such 3-year period, no unprocessed western red

cedar logs harvested from State or Federal lands may be exported

from the United States.

(2) To the maximum extent practicable, the Secretary shall

utilize the multiple validated export licenses described in section

4(a)(2) of this Act [section 2403(a)(2) of this Appendix] in lieu

of validated licenses for exports under this subsection.

(3) The Secretary shall allocate export licenses to exporters

pursuant to this subsection on the basis of a prior history of

exportation by such exporters and such other factors as the

Secretary considers necessary and appropriate to minimize any

hardship to the producers of western red cedar and to further the

foreign policy of the United States.

(4) Unprocessed western red cedar logs shall not be considered to

be an agricultural commodity for purposes of subsection (g) of this

section.

(5) As used in this subsection, the term "unprocessed western red

cedar" means red cedar timber which has not been processed into -

(A) lumber of American Lumber Standards Grades of Number 3

dimension or better, or Pacific Lumber Inspection Bureau Export

R-List Grades of Number 3 common or better;

(B) chips, pulp, and pulp products;

(C) veneer and plywood;

(D) poles, posts, or pilings cut or treated with preservative

for use as such and not intended to be further processed; or

(E) shakes and shingles.

(j) Effect of controls on existing contracts

The export restrictions contained in subsection (i) of this

section and any export controls imposed under this section shall

not affect any contract to harvest unprocessed western red cedar

from State lands which was entered into before October 1, 1979, and

the performance of which would make the red cedar available for

export. Any export controls imposed under this section on any

agricultural commodity (including fats, oils, and animal hides and

skins) or on any forest product or fishery product, shall not

affect any contract to export entered into before the date on which

such controls are imposed. For purposes of this subsection, the

term "contract to export" includes, but is not limited to, an

export sales agreement and an agreement to invest in an enterprise

which involves the export of goods or technology.

(k) Oil exports for use by United States military facilities

For purposes of subsection (d) of this section, and for purposes

of any export controls imposed under this Act [sections 2401 to

2420 of this Appendix], shipments of crude oil, refined petroleum

products, or partially refined petroleum products from the United

States for use by the Department of Defense or United

States-supported installations or facilities shall not be

considered to be exports.

-SOURCE-

(Pub. L. 96-72, Sec. 7, Sept. 29, 1979, 93 Stat. 515; Pub. L.

99-64, title I, Secs. 109, 110, July 12, 1985, 99 Stat. 137, 139;

Pub. L. 100-180, div. A, title XII, Sec. 1246, Dec. 4, 1987, 101

Stat. 1165; Pub. L. 100-418, title II, Sec. 2424(a), Aug. 23, 1988,

102 Stat. 1359; Pub. L. 100-449, title III, Sec. 305(a), Sept. 28,

1988, 102 Stat. 1876.)

-REFTEXT-

REFERENCES IN TEXT

Section 812 of the Agricultural Act of 1970, referred to in

subsec. (b)(1), which was classified to section 612c-3 of Title 7,

Agriculture, was repealed by Pub. L. 101-624, title XV, Sec. 1578,

Nov. 28, 1990, 104 Stat. 3702.

Section 7(g)(3) of the Export Administration Act of 1979,

referred to in subsec. (g)(4)(A), is classified to subsec. (g)(3)

of this section.

Section 601(b)(4) of the International Security Assistance and

Arms Export Control Act of 1976, referred to in subsec. (g)(4)(E),

is section 601(b)(4) of Pub. L. 94-329, June 30, 1976, 90 Stat.

729, which made provision for expedited procedures in the Senate,

and is not classified to the Code.

-MISC1-

PRIOR PROVISIONS

A prior section 2406, Pub. L. 91-184, Sec. 7, Dec. 30, 1969, 83

Stat. 845; Pub. L. 95-52, title I, Secs. 113(a), 114, title II,

Sec. 201(c), June 22, 1977, 91 Stat. 241, 246, setting forth

enforcement procedures applicable to the Export Administration Act

of 1969, expired on Sept. 30, 1979.

AMENDMENTS

1988 - Subsec. (d)(1). Pub. L. 100-449 struck out "or" before

"(B)" and inserted ", or (C) is transported to Canada, to be

consumed therein, in amounts not to exceed an annual average of

50,000 barrels per day, in addition to exports under subparagraphs

(A) and (B), except that any ocean transportation of such oil shall

be by vessels documented under section 12106 of title 46, United

States Code" after "reenters the United States".

Subsec. (d)(4). Pub. L. 100-418 struck out par. (4) which

provided that notwithstanding section 2419 of this Appendix, the

provisions of this subsection expire Sept. 30, 1990.

1987 - Subsec. (k). Pub. L. 100-180 added subsec. (k).

1985 - Subsec. (c). Pub. L. 99-64, Sec. 109, amended subsec. (c)

generally to require the Secretary to make and publish certain

determinations of private petitions as well as on self-initiated

motions before imposing monitoring or controls or both on exports

of metallic materials capable of being recycled, to require that

each petition filed requesting the imposition of monitoring,

controls, or both, on metallic materials capable of being recycled

indicate that each of the criteria in par. (3)(A) is satisfied, to

require the Secretary to publish certain determinations, including

findings of fact in support of the determinations, before deciding

whether to impose monitoring, controls, or both on exports of such

material, including whether there has been a significant increase,

in relation to a specific period of time, in exports of such

material in relation to domestic supply and demand, and whether

exports of such material are as important as any other cause of the

domestic price increase or shortage relative to demand, to allow

the Secretary to impose monitoring, controls, or both, on a

temporary basis after a petition is filed if the Secretary

considers such action to be necessary to carry out the policy set

forth in section 3(2)(C) of the Act, but before the Secretary makes

a determination under par. (3) only if failure to take such

temporary action would result in irreparable harm to the entity

filing the petition, or to the national economy or segment thereof,

including a domestic industry, requires that if the Secretary

determines, on his initiative, to monitor, control, or both, the

export of such material, the Secretary shall publish the reasons

for such determination in accordance with par. (3)(A) and (B),

requires that exports of material be as important as any other

cause of the increased domestic prices or shortage, and sets a

standard under which exports need not be the sole or principal

cause of the price rise or domestic shortage in order for exports

of the material to be controlled or monitored.

Subsec. (d)(1). Pub. L. 99-64, Sec. 110(a)(1), substituted

"subject to paragraph (2) of this subsection" for "unless the

requirements of paragraph (2) of this subsection are met".

Subsec. (d)(2)(A). Pub. L. 99-64, Sec. 110(a)(2), substituted

"the President so recommends to the Congress after making and

publishing" for "the President makes and publishes" in the

provisions preceding cl. (i).

Subsec. (d)(2)(B). Pub. L. 99-64, Sec. 110(a)(3), substituted

"includes such findings in his recommendation" for "reports such

findings" and "after receiving that recommendation, agrees to a

joint resolution which approves such exports on the basis of those

findings, and which is thereafter enacted into law" for

"thereafter, agrees to a concurrent resolution approving such

exports on the basis of the findings".

Subsec. (d)(4). Pub. L. 99-64, Sec. 110(a)(4), added par. (4).

Subsec. (e)(1). Pub. L. 99-64, Sec. 110(b), substituted "In any

case in which the President determines that it is necessary to

impose export controls on refined petroleum products in order to

carry out the policy set forth in section 3(2)(C) of this Act, the

President shall notify the Congress of that determination. The

President shall also notify the Congress if and when he determines

that such export controls are no longer necessary. During any

period in which a determination that such export controls are

necessary is in effect, no" for "No".

Subsec. (g)(3). Pub. L. 99-64, Sec. 110(d), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "If the

authority conferred by this section or section 6 is exercised to

prohibit or curtail the export of any agricultural commodity in

order to carry out the policies set forth in subparagraph (B) or

(C) of paragraph (2) of section 3 of this Act, the President shall

immediately report such prohibition or curtailment to the Congress,

setting forth the reasons therefor in detail. If the Congress,

within 30 days after the date of its receipt of such report, adopts

a concurrent resolution disapproving such prohibition or

curtailment, then such prohibition or curtailment shall cease to be

effective with the adoption of such resolution. In the computation

of such 30-day period, there shall be excluded the days on which

either House is not in session because of an adjournment of more

than 3 days to a day certain or because of an adjournment of the

Congress sine die."

Subsec. (g)(4), (5). Pub. L. 99-64, Sec. 110(d), added pars. (4)

and (5).

Subsec. (i)(1). Pub. L. 99-64, Sec. 110(c)(1), inserted

"harvested from State or Federal lands" after "red cedar logs" in

concluding provision.

Subsec. (i)(2). Pub. L. 99-64, Sec. 110(c)(3), added par. (2).

Former par. (2) redesignated (3).

Subsec. (i)(3), (4). Pub. L. 99-64, Sec. 110(c)(2), redesignated

former pars. (2) and (3) as (3) and (4), respectively. Former pars.

(3) and (4) redesignated (4) and (5), respectively.

Subsec. (i)(5). Pub. L. 99-64, Sec. 110(c)(2), redesignated

former par. (4) as (5).

Subsec. (i)(5)(A). Pub. L. 99-64, Sec. 110(c)(4), amended subpar.

(A) generally, substituting "lumber of American Lumber Standards

Grades of Number 3 dimension or better, or Pacific Lumber

Inspection Bureau Export R-List Grades of Number 3 common or

better" for "lumber without wane".

Subsec. (j). Pub. L. 99-64, Sec. 110(e), added subsec. (j) and

struck out former subsec. (j) which related to the export of

horses. See section 466c of Title 46, Appendix, Shipping.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Amendment by Pub. L. 100-449 effective on the date the United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on the date the Agreement ceases

to be in force, see section 501(a), (c) of Pub. L. 100-449, set out

in a note under section 2112 of Title 19, Customs Duties.

REGULATIONS

Section 19(b)(2) of Pub. L. 96-72 provided that: "Regulations

implementing the provisions of section 7(c) of this Act [subsec.

(c) of this section] shall be issued and take effect not later than

January 1, 1980."

-TRANS-

DELEGATION OF FUNCTIONS

Functions conferred upon President under this section delegated

to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45

F.R. 29783, set out under section 2403 of this Appendix, with

exception of functions conferred upon President under subsec.

(d)(2) of this section which were reserved to President.

-MISC3-

ADEQUACY OF EXISTING STATUTORY RESTRICTIONS ON EXPORT OF CRUDE OIL

PRODUCED IN CONTIGUOUS UNITED STATES IN PROTECTING ENERGY AND

NATIONAL SECURITY INTEREST AND AMERICAN CONSUMER; STUDY AND REPORT

TO CONGRESSIONAL COMMITTEES

Section 2424(b) of Pub. L. 100-418 directed Secretary of

Commerce, in consultation with Secretary of Energy, to submit to

Congress not later than 12 months after Aug. 23, 1988, a report

containing results of a comprehensive review undertaken to assess

whether existing statutory restrictions on export of crude oil

produced in contiguous United States were adequate to protect

energy and national security interests of United States and

American consumers, taking into account such things as adequacy of

domestic supplies of crude oil and refined petroleum products in

meeting national security as well as consumer needs in the United

States generally and on West Coast particularly, and further

provided for public hearing and comment on this review as well as

consultation with other Federal agencies and committees of

Congress.

MONITORING OF WOOD EXPORTS

Section 2432 of Pub. L. 100-418 directed Secretary of Commerce,

for a period of 2 years beginning on Aug. 23, 1988, to monitor

exports of processed and unprocessed wood to all countries of the

Pacific Rim, and to include results of such monitoring in monthly

reports to Congress, setting forth, with respect to each item

monitored, actual exports, destination by country, and domestic and

worldwide price, supply, and demand.

UNPROCESSED RED CEDAR EXEMPT FROM EXPORT REGULATIONS

Pub. L. 98-411, title V, Sec. 514, Aug. 30, 1984, 98 Stat. 1575,

provided that: "None of the funds appropriated or made available by

this Act [Pub. L. 98-411] may be used to enforce or give effect to

any restriction on the export of unprocessed western red cedar

harvested from State lands pursuant to a harvesting contract

entered into prior to October 1, 1979."

Pub. L. 96-126, title III, Sec. 308, Nov. 27, 1979, 93 Stat. 980,

provided that: "Notwithstanding the provisions of any other law,

the State of Alaska is exempted from application of the provisions

of section 7(i) of the Export Administration Act of 1979 (Public

Law 96-72) [subsec. (i) of this section]."

In making continuing appropriations for fiscal year 1981, Pub. L.

96-536, Secs. 101(o), 102, Dec. 16, 1980, 94 Stat. 3169, as amended

by Pub. L. 97-12, Sec. 401, June 5, 1981, 95 Stat. 95, provided in

part for the period Dec. 15, 1980, to Sept. 30, 1981: "such amounts

as may be necessary for programs, projects, and activities provided

for in the Departments of State, Justice, and Commerce, the

Judiciary, and Related Agencies Appropriation Act, 1981 (H.R.

7584), to the extent and in the manner provided for in such Act as

enacted by the Congress." H.R. 7584, which was enacted by the

Congress and vetoed by the President Dec. 13, 1980, contained a

section 610 that read: "None of the funds appropriated or made

available by this Act may be used to enforce or give effect to the

quantitative restrictions required to be imposed by subsection

7(i)(1) of the Export Administration Act of 1979 (Public Law 96-72)

[subsec. (i)(1) of this section] in any way which would make such

restrictions applicable to the export of: (a) up to ninety million

board feet (computed without regard to exports or export

authorizations made prior to the effective date of this Act) of

unprocessed western red cedar harvested from State or Federal lands

pursuant to a harvesting contract entered into prior to October 1,

1979, or any extension thereof; or (b) lumber of American Lumber

Standards Grades of Number 3 dimensions or better, of Pacific

Lumber Inspection Bureau Export R-List Grades of Number 3 Common or

better.". Continuing appropriations for fiscal year 1982 were made,

subject to specified provisions and under the authority and

conditions provided in the above cited appropriation Act for fiscal

1981, as follows: For the period Oct. 1, 1981, to Dec. 15, 1981, by

Pub. L. 97-51, Secs. 101(a)(1), (4), 102, Oct. 1, 1981, 95 Stat.

958, 959, 961, as amended by Pub. L. 97-85, Nov. 23, 1981, 95 Stat.

1098; and for the period Dec. 15, 1981, to Sept. 30, 1982, by Pub.

L. 97-92, Secs. 101(h), 102, Dec. 15, 1981, 95 Stat. 1190, 1193, as

amended by Pub. L. 97-161, Mar. 31, 1982, 96 Stat. 22.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2405, 2413, 2414 of this

Appendix; title 7 section 1736f-1; title 16 sections 620c, 620j;

title 26 section 993.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX Sec. 2407 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2407. Foreign boycotts

-STATUTE-

(a) Prohibitions and exceptions

(1) For the purpose of implementing the policies set forth in

subparagraph (A) or (B) of paragraph (5) of section 3 of this Act

[section 2402(5)(A) or (B) of this Appendix], the President shall

issue regulations prohibiting any United States person, with

respect to his activities in the interstate or foreign commerce of

the United States, from taking or knowingly agreeing to take any of

the following actions with intent to comply with, further, or

support any boycott fostered or imposed 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:

(A) Refusing, or requiring any other person to refuse, to do

business with or in the boycotted country, with any business

concern organized under the laws of the boycotted country, with

any national or resident of the boycotted country, or with any

other person, pursuant to an agreement with, a requirement of, or

a request from or on behalf of the boycotting country. The mere

absence of a business relationship with or in the boycotted

country with any business concern organized under the laws of the

boycotted country, with any national or resident of the boycotted

country, or with any other person, does not indicate the

existence of the intent required to establish a violation of

regulations issued to carry out this subparagraph.

(B) Refusing, or requiring any other person to refuse, to

employ or otherwise discriminating against any United States

person on the basis of race, religion, sex, or national origin of

that person or of any owner, officer, director, or employee of

such person.

(C) Furnishing information with respect to the race, religion,

sex, or national origin of any United States person or of any

owner, officer, director, or employee of such person.

(D) Furnishing information about whether any person has, has

had, or proposes to have any business relationship (including a

relationship by way of sale, purchase, legal or commercial

representation, shipping or other transport, insurance,

investment, or supply) with or in the boycotted country, with any

business concern organized under the laws of the boycotted

country, with any national or resident of the boycotted country,

or with any other person which is known or believed to be

restricted from having any business relationship with or in the

boycotting country. Nothing in this paragraph shall prohibit the

furnishing of normal business information in a commercial context

as defined by the Secretary.

(E) Furnishing information about whether any person is a member

of, has made contributions to, or is otherwise associated with or

involved in the activities of any charitable or fraternal

organization which supports the boycotted country.

(F) Paying, honoring, confirming, or otherwise implementing a

letter of credit which contains any condition or requirement

compliance with which is prohibited by regulations issued

pursuant to this paragraph, and no United States person shall, as

a result of the application of this paragraph, be obligated to

pay or otherwise honor or implement such letter of credit.

(2) Regulations issued pursuant to paragraph (1) shall provide

exceptions for -

(A) complying or agreeing to comply with requirements (i)

prohibiting the import of goods or services from the boycotted

country or goods produced or services provided by any business

concern organized under the laws of the boycotted country or by

nationals or residents of the boycotted country, or (ii)

prohibiting the shipment of goods to the boycotting country on a

carrier of the boycotted country, or by a route other than that

prescribed by the boycotting country or the recipient of the

shipment;

(B) complying or agreeing to comply with import and shipping

document requirements with respect to the country of origin, the

name of the carrier and route of shipment, the name of the

supplier of the shipment or the name of the provider of other

services, except that no information knowingly furnished or

conveyed in response to such requirements may be stated in

negative, blacklisting, or similar exclusionary terms, other than

with respect to carriers or route of shipment as may be permitted

by such regulations in order to comply with precautionary

requirements protecting against war risks and confiscation;

(C) complying or agreeing to comply in the normal course of

business with the unilateral and specific selection by a

boycotting country, or national or resident thereof, of carriers,

insurers, suppliers of services to be performed within the

boycotting country or specific goods which, in the normal course

of business, are identifiable by source when imported into the

boycotting country;

(D) complying or agreeing to comply with export requirements of

the boycotting country relating to shipments or transshipments of

exports to the boycotted country, to any business concern of or

organized under the laws of the boycotted country, or to any

national or resident of the boycotted country;

(E) compliance by an individual or agreement by an individual

to comply with the immigration or passport requirements of any

country with respect to such individual or any member of such

individual's family or with requests for information regarding

requirements of employment of such individual within the

boycotting country; and

(F) compliance by a United States person resident in a foreign

country or agreement by such person to comply with the laws of

that country with respect to his activities exclusively therein,

and such regulations may contain exceptions for such resident

complying with the laws or regulations of that foreign country

governing imports into such country of trademarked, trade named,

or similarly specifically identifiable products, or components of

products for his own use, including the performance of

contractual services within that country, as may be defined by

such regulations.

(3) Regulations issued pursuant to paragraphs (2)(C) and (2)(F)

shall not provide exceptions from paragraphs (1)(B) and (1)(C).

(4) Nothing in this subsection may be construed to supersede or

limit the operation of the antitrust or civil rights laws of the

United States.

(5) This section shall apply to any transaction or activity

undertaken, by or through a United States person or any other

person, with intent to evade the provisions of this section as

implemented by the regulations issued pursuant to this subsection,

and such regulations shall expressly provide that the exceptions

set forth in paragraph (2) shall not permit activities or

agreements (expressed or implied by a course of conduct, including

a pattern of responses) otherwise prohibited, which are not within

the intent of such exceptions.

(b) Foreign policy controls

(1) In addition to the regulations issued pursuant to subsection

(a) of this section, regulations issued under section 6 of this Act

[section 2405 of this Appendix] shall implement the policies set

forth in section 3(5) [section 2402(5) of this Appendix].

(2) Such regulations shall require that any United States person

receiving a request for the furnishing of information, the entering

into or implementing of agreements, or the taking of any other

action referred to in section 3(5) [section 2402(5) of this

Appendix] shall report that fact to the Secretary, together with

such other information concerning such request as the Secretary may

require for such action as the Secretary considers appropriate for

carrying out the policies of that section. Such person shall also

report to the Secretary whether such person intends to comply and

whether such person has complied with such request. Any report

filed pursuant to this paragraph shall be made available promptly

for public inspection and copying, except that information

regarding the quantity, description, and value of any goods or

technology to which such report relates may be kept confidential if

the Secretary determines that disclosure thereof would place the

United States person involved at a competitive disadvantage. The

Secretary shall periodically transmit summaries of the information

contained in such reports to the Secretary of State for such action

as the Secretary of State, in consultation with the Secretary,

considers appropriate for carrying out the policies set forth in

section 3(5) of this Act [section 2402(5) of this Appendix].

(c) Preemption

The provisions of this section and the regulations issued

pursuant thereto shall preempt any law, rule, or regulation of any

of the several States or the District of Columbia, or any of the

territories or possessions of the United States, or of any

governmental subdivision thereof, which law, rule, or regulation

pertains to participation in, compliance with, implementation of,

or the furnishing of information regarding restrictive trade

practices or boycotts fostered or imposed by foreign countries

against other countries.

-SOURCE-

(Pub. L. 96-72, Sec. 8, Sept. 29, 1979, 93 Stat. 521.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws of the United States, referred to in subsec.

(a)(4), are classified generally to chapter 1 (Sec. 1 et seq.) of

Title 15, Commerce and Trade.

The civil rights laws of the United States, referred to in

subsec. (a)(4), are classified generally to chapter 21 (Sec. 1981

et seq.) of Title 42, The Public Health and Welfare.

-MISC1-

PRIOR PROVISIONS

A prior section 2407, Pub. L. 91-184, Sec. 8, Dec. 30, 1969, 83

Stat. 846; Pub. L. 95-52, title II, Sec. 203(b), June 22, 1977, 91

Stat. 247, relating to exemption from administrative procedure and

judicial review provisions, expired on Sept. 30, 1979.

-TRANS-

DELEGATION OF FUNCTIONS

Functions conferred upon President under this section delegated

to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45

F.R. 29783, set out under section 2403 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2410, 2411, 2412, 2414 of

this Appendix; title 19 section 3553; title 22 section 2679c.

-End-

-CITE-

50 USC APPENDIX Sec. 2408 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2408. Procedures for hardship relief from export controls

-STATUTE-

(a) Filing of petitions

Any person who, in such person's domestic manufacturing process

or other domestic business operation, utilizes a product produced

abroad in whole or in part from a good historically obtained from

the United States but which has been made subject to export

controls, or any person who historically has exported such a good,

may transmit a petition of hardship to the Secretary requesting an

exemption from such controls in order to alleviate any unique

hardship resulting from the imposition of such controls. A petition

under this section shall be in such form as the Secretary shall

prescribe and shall contain information demonstrating the need for

the relief requested.

(b) Decision of Secretary

Not later than 30 days after receipt of any petition under

subsection (a), the Secretary shall transmit a written decision to

the petitioner granting or denying the requested relief. Such

decision shall contain a statement setting forth the Secretary's

basis for the grant or denial. Any exemption granted may be subject

to such conditions as the Secretary considers appropriate.

(c) Factors to be considered

For purposes of this section, the Secretary's decision with

respect to the grant or denial of relief from unique hardship

resulting directly or indirectly from the imposition of export

controls shall reflect the Secretary's consideration of factors

such as the following:

(1) Whether denial would cause a unique hardship to the

petitioner which can be alleviated only by granting an exception

to the applicable regulations. In determining whether relief

shall be granted, the Secretary shall take into account -

(A) ownership of material for which there is no practicable

domestic market by virtue of the location or nature of the

material;

(B) potential serious financial loss to the applicant if not

granted an exception;

(C) inability to obtain, except through import, an item

essential for domestic use which is produced abroad from the

good under control;

(D) the extent to which denial would conflict, to the

particular detriment of the applicant, with other national

policies including those reflected in any international

agreement to which the United States is a party;

(E) possible adverse effects on the economy (including

unemployment) in any locality or region of the United States;

and

(F) other relevant factors, including the applicant's lack of

an exporting history during any base period that may be

established with respect to export quotas for the particular

good.

(2) The effect a finding in favor of the applicant would have

on attainment of the basic objectives of the short supply control

program.

In all cases, the desire to sell at higher prices and thereby

obtain greater profits shall not be considered as evidence of a

unique hardship, nor will circumstances where the hardship is due

to imprudent acts or failure to act on the part of the petitioner.

-SOURCE-

(Pub. L. 96-72, Sec. 9, Sept. 29, 1979, 93 Stat. 524.)

-MISC1-

PRIOR PROVISIONS

A prior section 2408, Pub. L. 91-184, Sec. 9, Dec. 30, 1969, 83

Stat. 846, relating to providing information to exporters, expired

on Sept. 30, 1979.

-End-

-CITE-

50 USC APPENDIX Sec. 2409 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2409. Procedures for processing export license applications;

other inquiries

-STATUTE-

(a) Primary responsibility of Secretary

(1) All export license applications required under this Act

[sections 2401 to 2420 of this Appendix] shall be submitted by the

applicant to the Secretary. All determinations with respect to any

such application shall be made by the Secretary, subject to the

procedures provided in this section.

(2) It is the intent of the Congress that a determination with

respect to any export license application be made to the maximum

extent possible by the Secretary without referral of such

application to any other department or agency of the Government.

(3) To the extent necessary, the Secretary shall seek information

and recommendations from the Government departments and agencies

concerned with aspects of United States domestic and foreign

policies and operations having an important bearing on exports.

Such departments and agencies shall cooperate fully in rendering

such information and recommendations.

(b) Initial screening

Within 10 days after the date on which any export license

application is submitted pursuant to subsection (a)(1), the

Secretary shall -

(1) send the applicant an acknowledgment of the receipt of the

application and the date of the receipt;

(2) submit to the applicant a written description of the

procedures required by this section, the responsibilities of the

Secretary and of other departments and agencies with respect to

the application, and the rights of the applicant;

(3) return the application without action if the application is

improperly completed or if additional information is required,

with sufficient information to permit the application to be

properly resubmitted, in which case if such application is

resubmitted, it shall be treated as a new application for the

purpose of calculating the time periods prescribed in this

section;

(4) determine whether it is necessary to refer the application

to any other department or agency and, if such referral is

determined to be necessary, inform the applicant of any such

department or agency to which the application will be referred;

and

(5) determine whether it is necessary to submit the application

to a multilateral review process, pursuant to a multilateral

agreement, formal or informal, to which the United States is a

party and, if so, inform the applicant of this requirement.

(c) Action on certain applications

Except as provided in subsection (o), in each case in which the

Secretary determines that it is not necessary to refer an

application to any other department or agency for its information

and recommendations, a license shall be formally issued or denied

within 60 days after a properly completed application has been

submitted pursuant to this section.

(d) Referral to other departments and agencies

Except in the case of exports described in subsection (o), in

each case in which the Secretary determines that it is necessary to

refer an application to any other department or agency for its

information and recommendations, the Secretary shall, within 20

days after the submission of a properly completed application -

(1) refer the application, together with all necessary analysis

and recommendations of the Department of Commerce, concurrently

to all such departments or agencies; and

(2) if the applicant so requests, provide the applicant with an

opportunity to review for accuracy any documentation to be

referred to any such department or agency with respect to such

application for the purpose of describing the export in question

in order to determine whether such documentation accurately

describes the proposed export.

Notwithstanding the 10-day period set forth in subsection (b), in

the case of exports described in subsection (o), in each case in

which the Secretary determines that it is necessary to refer an

application to any other department or agency for its information

and recommendations, the Secretary shall, immediately upon receipt

of the properly completed application, refer the application to

such department or agency for its review. Such review shall be

concurrent with that of the Department of Commerce.

(e) Action by other departments and agencies

(1) Any department or agency to which an application is referred

pursuant to subsection (d) shall submit to the Secretary the

information or recommendations requested with respect to the

application. The information or recommendations shall be submitted

within 20 days after the department or agency receives the

application or, in the case of exports described in subsection (o),

before the expiration of the time periods permitted by that

subsection. Except as provided in paragraph (2), any such

department or agency which does not submit its recommendations

within the time period prescribed in the preceding sentence shall

be deemed by the Secretary to have no objection to the approval of

such application.

(2)(A) Except in the case of exports described in subsection (o),

if the head of any such department or agency notifies the Secretary

before the expiration of the time period provided in paragraph (1)

for submission of its recommendations that more time is required

for review by such department or agency, such department or agency

shall have an additional 20-day period to submit its

recommendations to the Secretary. If such department or agency does

not submit its recommendations within the time period prescribed by

the preceding sentence, it shall be deemed by the Secretary to have

no objection to the approval of such application.

(B) In the case of exports described in subsection (o), if the

head of any such department or agency notifies the Secretary,

before the expiration of the 15-day period provided in subsection

(o)(1), that more time is required for review by such department or

agency, the Secretary shall notify the applicant, pursuant to

subsection (o)(1)(C), that additional time is required to consider

the application, and such department or agency shall have

additional time to consider the application within the limits

permitted by subsection (o)(2). If such department or agency does

not submit its recommendations within the time periods permitted

under subsection (o), it shall be deemed by the Secretary to have

no objection to the approval of such application.

(f) Action by Secretary

(1) Within 60 days after receipt of the recommendations of other

departments and agencies with respect to a license application, as

provided in subsection (e), the Secretary shall formally issue or

deny the license. In deciding whether to issue or deny a license,

the Secretary shall take into account any recommendation of a

department or agency with respect to the application in question.

In cases where the Secretary receives conflicting recommendations,

the Secretary shall, within the 60-day period provided for in this

subsection, take such action as may be necessary to resolve such

conflicting recommendations. The provisions of this paragraph shall

not apply in the case of exports described in subsection (o).

(2) In cases where the Secretary receives questions or negative

considerations or recommendations from any other department or

agency with respect to an application, the Secretary shall, to the

maximum extent consistent with the national security and foreign

policy of the United States, inform the applicant in writing of the

specific questions raised and any such negative considerations or

recommendations. Before a final determination with respect to the

application is made, the applicant shall be entitled -

(A) to respond in writing to such questions, considerations, or

recommendations within 30 days after receipt of such information

from the Secretary; and

(B) upon the filing of a written request with the Secretary

within 15 days after the receipt of such information, to respond

in person to the department or agency raising such questions,

considerations, or recommendations.

The provisions of this paragraph shall not apply in the case of

exports described in subsection (o).

(3) In cases where the Secretary has determined that an

application should be denied, the applicant shall be informed in

writing, within 5 days after such determination is made, of -

(A) the determination,

(B) the statutory basis for the proposed denial,

(C) the policies set forth in section 3 of this Act [section

2402 of this Appendix] which would be furthered by the proposed

denial,

(D) what if any modifications in or restrictions on the goods

or technology for which the license was sought would allow such

export to be compatible with export controls imposed under this

Act [sections 2401 to 2420 of this Appendix],

(E) which officers and employees of the Department of Commerce

who are familiar with the application will be made reasonably

available to the applicant for considerations with regard to such

modifications or restrictions, if appropriate,

(F) to the extent consistent with the national security and

foreign policy of the United States, the specific considerations

which led to the determination to deny the application, and

(G) the availability of appeal procedures.

The Secretary shall allow the applicant at least 30 days to respond

to the Secretary's determination before the license application is

denied. In the event decisions on license applications are deferred

inconsistent with the provisions of this section, the applicant

shall be so informed in writing within 5 days after such deferral.

(4) If the Secretary determines that a particular application or

set of applications is of exceptional importance and complexity,

and that additional time is required for negotiations to modify the

application or applications, the Secretary may extend any time

period prescribed in this section. The Secretary shall notify the

Congress and the applicant of such extension and the reasons

therefor. The provisions of this paragraph shall not apply in the

case of exports described in subsection (o).

(g) Special procedures for Secretary of Defense

(1) Notwithstanding any other provision of this section, the

Secretary of Defense is authorized to review any proposed export of

any goods or technology to any country to which exports are

controlled for national security purposes and, whenever the

Secretary of Defense determines that the export of such goods or

technology will make a significant contribution, which would prove

detrimental to the national security of the United States, to the

military potential of any such country, to recommend to the

President that such export be disapproved.

(2) Notwithstanding any other provision of law, the Secretary of

Defense shall determine, in consultation with the Secretary, and

confirm in writing the types and categories of transactions which

should be reviewed by the Secretary of Defense in order to make a

determination referred to in paragraph (1). Whenever a license or

other authority is requested for the export to any country to which

exports are controlled for national security purposes of goods or

technology within any such type or category, the Secretary shall

notify the Secretary of Defense of such request, and the Secretary

may not issue any license or other authority pursuant to such

request before the expiration of the period within which the

President may disapprove such export. The Secretary of Defense

shall carefully consider any notification submitted by the

Secretary pursuant to this paragraph and, not later than 20 days

after notification of the request, shall -

(A) recommend to the President and the Secretary that he

disapprove any request for the export of the goods or technology

involved to the particular country if the Secretary of Defense

determines that the export of such goods or technology will make

a significant contribution, which would prove detrimental to the

national security of the United States, to the military potential

of such country or any other country;

(B) notify the Secretary that he would recommend approval

subject to specified conditions; or

(C) recommend to the Secretary that the export of goods or

technology be approved.

Whenever the Secretary of Defense makes a recommendation to the

President pursuant to paragraph (2)(A), the Secretary shall also

submit his recommendation to the President on the request to export

if the Secretary differs with the Secretary of Defense. If the

President notifies the Secretary, within 20 days after receiving a

recommendation from the Secretary of Defense, that he disapproves

such export, no license or other authority may be issued for the

export of such goods or technology to such country. If the

Secretary of Defense fails to make a recommendation or notification

under this paragraph within the 20-day period specified in the

third sentence, or if the President, within 20 days after receiving

a recommendation from the Secretary of Defense with respect to an

export, fails to notify the Secretary that he approves or

disapproves the export, the Secretary shall approve or deny the

request for a license or other authority to export without such

recommendation or notification.

(3) The Secretary shall approve or disapprove a license

application, and issue or deny a license, in accordance with the

provisions of this subsection, and, to the extent applicable, in

accordance with the time periods and procedures otherwise set forth

in this section.

(h) Multilateral controls

In any case in which an application, which has been finally

approved under subsection (c), (f), or (g) of this section, is

required to be submitted to a multilateral review process, pursuant

to a multilateral agreement, formal or informal, to which the

United States is a party, the license shall not be issued as

prescribed in such subsections, but the Secretary shall notify the

applicant of the approval of the application (and the date of such

approval) by the Secretary subject to such multilateral review. The

license shall be issued upon approval of the application under such

multilateral review. If such multilateral review has not resulted

in a determination with respect to the application within 40 days

after such date, the Secretary's approval of the license shall be

final and the license shall be issued, unless the Secretary

determines that issuance of the license would prove detrimental to

the national security of the United States. At the time at which

the Secretary makes such a determination, the Secretary shall

notify the applicant of the determination and shall notify the

Congress of the determination, the reasons for the determination,

the reasons for which the multilateral review could not be

concluded within such 40-day period, and the actions planned or

being taken by the United States Government to secure conclusion of

the multilateral review. At the end of every 40-day period after

such notification to Congress, the Secretary shall advise the

applicant and the Congress of the status of the application, and

shall report to the Congress in detail on the reasons for the

further delay and any further actions being taken by the United

States Government to secure conclusion of the multilateral review.

In addition, at the time at which the Secretary issues or denies

the license upon conclusion of the multilateral review, the

Secretary shall notify the Congress of such issuance or denial and

of the total time required for the multilateral review.

(i) Records

The Secretary and any department or agency to which any

application is referred under this section shall keep accurate

records with respect to all applications considered by the

Secretary or by any such department or agency, including, in the

case of the Secretary, any dissenting recommendations received from

any such department or agency.

(j) Appeal and court action

(1) The Secretary shall establish appropriate procedures for any

applicant to appeal to the Secretary the denial of an export

license application of the applicant.

(2) In any case in which any action prescribed in this section is

not taken on a license application within the time periods

established by this section (except in the case of a time period

extended under subsection (f)(4) of which the applicant is

notified), the applicant may file a petition with the Secretary

requesting compliance with the requirements of this section. When

such petition is filed, the Secretary shall take immediate steps to

correct the situation giving rise to the petition and shall

immediately notify the applicant of such steps.

(3) If, within 20 days after a petition is filed under paragraph

(2), the processing of the application has not been brought into

conformity with the requirements of this section, or the

application has been brought into conformity with such requirements

but the Secretary has not so notified the applicant, the applicant

may bring an action in an appropriate United States district court

for a restraining order, a temporary or permanent injunction, or

other appropriate relief, to require compliance with the

requirements of this section. The United States district courts

shall have jurisdiction to provide such relief, as appropriate.

(k) Changes in requirements for applications

Except as provided in subsection (b)(3) of this section, in any

case in which, after a license application is submitted, the

Secretary changes the requirements for such a license application,

the Secretary may request appropriate additional information of the

applicant, but the Secretary may not return the application to the

applicant without action because it fails to meet the changed

requirements.

(l) Other inquiries

(1) In any case in which the Secretary receives a written request

asking for the proper classification of a good or technology on the

control list, the Secretary shall, within 10 working days after

receipt of the request, inform the person making the request of the

proper classification.

(2) In any case in which the Secretary receives a written request

for information about the applicability of export license

requirements under this Act [sections 2401 to 2420 of this

Appendix] to a proposed export transaction or series of

transactions, the Secretary shall, within 30 days after receipt of

the request, reply with that information to the person making the

request.

(m) Small business assistance

Not later than 120 days after the date of the enactment of this

subsection [July 12, 1985], the Secretary shall develop and

transmit to the Congress a plan to assist small businesses in the

export licensing application process under this Act [sections 2401

to 2420 of this Appendix]. The plan shall include, among other

things, arrangements for counseling small businesses on filing

applications and identifying goods or technology on the control

list, proposals for seminars and conferences to educate small

businesses on export controls and licensing procedures, and the

preparation of informational brochures. The Secretary shall, not

later than 120 days after the date of the enactment of the Export

Enhancement Act of 1988 [Aug. 23, 1988], report to the Congress on

steps taken to implement the plan developed under this subsection

to assist small businesses in the export licensing application

process.

(n) Reports on license applications

(1) Not later than 180 days after the date of the enactment of

this subsection [July 12, 1985], and not later than the end of each

3-month period thereafter, the Secretary shall submit to the

Committee on Foreign Affairs of the House of Representatives and to

the Committee on Banking, Housing, and Urban Affairs of the Senate

a report listing -

(A) all applications on which action was completed during the

preceding 3-month period and which required a period longer than

the period permitted under subsection (c), (f)(1), or (h) of this

section, as the case may be, before notification of a decision to

approve or deny the application was sent to the applicant; and

(B) in a separate section, all applications which have been in

process for a period longer than the period permitted under

subsection (c), (f)(1), or (h) of this section, as the case may

be, and upon which final action has not been taken.

(2) With regard to each application, each listing shall identify

-

(A) the application case number;

(B) the value of the goods or technology to which the

application relates;

(C) the country of destination of the goods or technology;

(D) the date on which the application was received by the

Secretary;

(E) the date on which the Secretary approved or denied the

application;

(F) the date on which the notification of approval or denial of

the application was sent to the applicant; and

(G) the total number of days which elapsed between receipt of

the application, in its properly completed form, and the earlier

of the last day of the 3-month period to which the report

relates, or the date on which notification of approval or denial

of the application was sent to the applicant.

(3) With respect to an application which was referred to other

departments or agencies, the listing shall also include -

(A) the departments or agencies to which the application was

referred;

(B) the date or dates of such referral; and

(C) the date or dates on which recommendations were received

from those departments or agencies.

(4) With respect to an application referred to any other

department or agency which did not submit or has not submitted its

recommendations on the application within the period permitted

under subsection (e) of this section to submit such

recommendations, the listing shall also include -

(A) the office responsible for processing the application and

the position of the officer responsible for the office; and

(B) the period of time that elapsed before the recommendations

were submitted or that has elapsed since referral of the

application, as the case may be.

(5) Each report shall also provide an introduction which contains

-

(A) a summary of the number of applications described in

paragraph (1)(A) and (B) of this subsection, and the value of the

goods or technology involved in the applications, grouped

according to -

(i) the number of days which elapsed before action on the

applications was completed, or which has elapsed without action

on the applications being completed, as follows: 61 to 75 days,

76 to 90 days, 91 to 105 days, 106 to 120 days, and more than

120 days; and

(ii) the number of days which elapsed before action on the

applications was completed, or which has elapsed without action

on the applications being completed, beyond the period

permitted under subsection (c), (f)(1), or (h) of this section

for the processing of applications, as follows: not more than

15 days, 16 to 30 days, 31 to 45 days, 46 to 60 days, and more

than 60 days; and

(B) a summary by country of destination of the number of

applications described in paragraph (1)(A) and (B) of this

subsection, and the value of the goods or technology involved in

the applications, on which action was not completed within 60

days.

(o) Exports to members of Coordinating Committee

(1) Fifteen working days after the date of formal filing with the

Secretary of an individual validated license application for the

export of goods or technology to a country that maintains export

controls on such goods or technology pursuant to the agreement of

the governments participating in the group known as the

Coordinating Committee, a license for the transaction specified in

the application shall become valid and effective and the goods or

technology are authorized for export pursuant to such license

unless -

(A) the application has been otherwise approved by the

Secretary, in which case it shall be valid and effective

according to the terms of the approval;

(B) the application has been denied by the Secretary pursuant

to this section and the applicant has been so informed, or the

applicant has been informed, pursuant to subsection (f)(3) of

this section, that the application should be denied; or

(C) the Secretary requires additional time to consider the

application and the applicant has been so informed.

(2) In the event that the Secretary notifies an applicant

pursuant to paragraph (1)(C) that more time is required to consider

an individual validated license application, a license for the

transaction specified in the application shall become valid and

effective and the goods or technology are authorized for export

pursuant to such license 30 working days after the date that such

license application was formally filed with the Secretary unless -

(A) the application has been otherwise approved by the

Secretary, in which case it shall be valid and effective

according to the terms of the approval; or

(B) the application has been denied by the Secretary pursuant

to this section and the applicant has been so informed, or the

applicant has been informed, pursuant to subsection (f)(3) of

this section, that the application should be denied.

(3) In reviewing an individual license application subject to

this subsection, the Secretary shall evaluate the information set

forth in the application and the reliability of the end-user.

(4) Nothing in this subsection shall affect the scope or

availability of licenses authorizing multiple exports set forth in

section 4(a)(2) of this Act [section 2403(a)(2) of this Appendix].

(5) The provisions of this subsection shall take effect 4 months

after the date of the enactment of the Export Administration

Amendments Act of 1985 [July 12, 1985].

-SOURCE-

(Pub. L. 96-72, Sec. 10, Sept. 29, 1979, 93 Stat. 525; Pub. L.

99-64, title I, Sec. 111, July 12, 1985, 99 Stat. 142; Pub. L.

100-418, title II, Sec. 2425(a), (c), Aug. 23, 1988, 102 Stat.

1360, 1361.)

-MISC1-

PRIOR PROVISIONS

A prior section 2409, Pub. L. 91-184, Sec. 10, Dec. 30, 1969, 83

Stat. 846; Pub. L. 93-500, Sec. 3(b), Oct. 29, 1974, 88 Stat. 1552;

Pub. L. 93-608, Sec. 2(1), Jan. 2, 1975, 88 Stat. 1971; Pub. L.

95-52, title I, Sec. 116(a), (b)(2), June 22, 1977, 91 Stat. 241,

242, setting forth requirements respecting semiannual reports to

President and Congress, expired on Sept. 30, 1979.

AMENDMENTS

1988 - Subsec. (g)(2). Pub. L. 100-418, Sec. 2425(a)(1)-(3),

substituted "President and the Secretary" for "President" in

subpar. (A), inserted before last sentence "Whenever the Secretary

of Defense makes a recommendation to the President pursuant to

paragraph (2)(A), the Secretary shall also submit his

recommendation to the President on the request to export if the

Secretary differs with the Secretary of Defense.", and inserted at

end "If the Secretary of Defense fails to make a recommendation or

notification under this paragraph within the 20-day period

specified in the third sentence, or if the President, within 20

days after receiving a recommendation from the Secretary of Defense

with respect to an export, fails to notify the Secretary that he

approves or disapproves the export, the Secretary shall approve or

deny the request for a license or other authority to export without

such recommendation or notification."

Subsec. (g)(4). Pub. L. 100-418, Sec. 2425(a)(4), struck out par.

(4) which read as follows: "Whenever the President exercises his

authority under this subsection to modify or overrule a

recommendation made by the Secretary of Defense or exercises his

authority to modify or overrule any recommendation made by the

Secretary of Defense under subsection (c) or (d) of section 5 of

this Act with respect to the list of goods and technologies

controlled for national security purposes, the President shall

promptly transmit to the Congress a statement indicating his

decision, together with the recommendation of the Secretary of

Defense."

Subsec. (m). Pub. L. 100-418, Sec. 2425(c), inserted sentence at

end requiring the Secretary, not later than 120 days after Aug. 23,

1988, to report to Congress on steps taken to implement the plan

developed to assist small businesses in the export licensing

application process.

1985 - Pub. L. 99-64, Sec. 111(e)(1), inserted "; other

inquiries" in section catchline.

Subsec. (c). Pub. L. 99-94, Sec. 111(a)(2), (b)(1), substituted

"Except as provided in subsection (o) of this section, in each

case" for "In each case" and "60" for "90".

Subsec. (d). Pub. L. 99-64, Sec. 111(a)(3), (b)(2), substituted

"Except in the case of exports described in subsection (o) of this

section, in each case" for "In each case" and "20" for "30" in

provisions preceding par. (1), and inserted flush provision

following par. (2) relating to exports described in subsec. (o)

when it becomes necessary to refer an application to another

department or agency for information and recommendations.

Subsec. (e)(1). Pub. L. 99-64, Sec. 111(b)(3)(A), substituted

"Any department or agency to which an application is referred

pursuant to subsection (d) shall submit to the Secretary the

information or recommendations requested with respect to the

application" for "Any department or agency to which an application

is referred pursuant to subsection (d) shall submit to the

Secretary, within 30 days after its receipt of the application, the

information or recommendations requested with respect to such

application" and inserted sentence directing that information or

recommendations be submitted within 20 days after the department or

agency receives the application or, in the case of exports

described in subsection (o), before the expiration of the time

periods permitted by that subsection.

Subsec. (e)(2)(A). Pub. L. 99-64, Sec. 111(a)(3), (b)(3)(B)(i),

designated existing provisions of par. (2) as subpar. (A) and

substituted "Except in the case of exports described in subsection

(o), if the head" for "If the head" and "20" for "30".

Subsec. (e)(2)(B). Pub. L. 99-64, Sec. 111(b)(3)(B)(ii), added

subpar. (B).

Subsec. (f)(1). Pub. L. 99-64, Sec. 111(a)(2), (b)(4),

substituted "60" for "90" in two places and inserted sentence

providing that the provisions of this paragraph shall not apply in

the case of exports described in subsection (o).

Subsec. (f)(2). Pub. L. 99-64, Sec. 111(c), inserted "in writing"

after "inform the applicant", and substituted provisions describing

the steps to which the applicant is entitled before a final

determination with respect to the application is made and providing

that the provisions of this paragraph shall not apply in the case

of exports described in subsection (o), for provision that the

Secretary accord the applicant an opportunity, before the final

determination with respect to the application is made, to respond

in writing to such questions, considerations, or recommendations.

Subsec. (f)(3). Pub. L. 99-64, Sec. 111(d), inserted two new

sentences describing the content of the writing which the applicant

is entitled to receive when the Secretary determines that an

application should be denied and directing that the Secretary allow

the applicant at least 30 days to respond to the Secretary's

determination before the license application is denied, and struck

out existing sentence which had provided: "In cases where the

Secretary has determined that an application should be denied, the

applicant shall be informed in writing, within 5 days after such

determination is made, of the determination, of the statutory basis

for denial, the policies set forth in section 3 of the Act [section

2402 of this Appendix] which would be furthered by denial, and, to

the extent consistent with the national security and foreign policy

of the United States, the specific considerations which led to the

denial, and of the availability of appeal procedures."

Subsec. (f)(4). Pub. L. 99-64, Sec. 111(b)(4), inserted sentence

providing that provisions of this paragraph shall not apply in the

case of exports described in subsec. (o).

Subsec. (g)(2). Pub. L. 99-64, Sec. 111(a)(3), substituted "20"

for "30" in provisions preceding subpar. (A) and in provisions

following subpar. (C).

Subsec. (h). Pub. L. 99-64, Sec. 111(a)(1), substituted "40" for

"60" wherever appearing.

Subsec. (j)(3). Pub. L. 99-64, Sec. 111(a)(3), substituted "20"

for "30".

Subsecs. (k) to (o). Pub. L. 99-64, Sec. 111(e)(2), added

subsecs. (k) to (o).

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

REGULATIONS

Section 19(b)(1) of Pub. L. 96-72 provided that: "Regulations

implementing the provisions of section 10 of this Act [this

section] shall be issued and take effect not later than July 1,

1980."

-TRANS-

DELEGATION OF FUNCTIONS

Functions conferred upon President under this section delegated

to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45

F.R. 29783, set out under section 2403 of this Appendix, with

exception of functions conferred upon President under subsec. (g)

of this section which were reserved to President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2404, 2405, 2406, 2412,

2413, 2416 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2410 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2410. Violations

-STATUTE-

(a) In general

Except as provided in subsection (b) of this section, whoever

knowingly violates or conspires to or attempts to violate any

provision of this Act [sections 2401 to 2420 of this Appendix] or

any regulation, order, or license issued thereunder shall be fined

not more than five times the value of the exports involved or

$50,000, whichever is greater, or imprisoned not more than 5 years,

or both.

(b) Willful violations

(1) Whoever willfully violates or conspires to or attempts to

violate any provision of this Act [sections 2401 to 2420 of this

Appendix] or any regulation, order, or license issued thereunder,

with knowledge that the exports involved will be used for the

benefit of, or that the destination or intended destination of the

goods or technology involved is, any controlled country or any

country to which exports are controlled for foreign policy purposes

-

(A) except in the case of an individual, shall be fined not

more than five times the value of the exports involved or

$1,000,000, whichever is greater; and

(B) in the case of an individual, shall be fined not more than

$250,000, or imprisoned not more than 10 years, or both.

(2) Any person who is issued a validated license under this Act

[sections 2401 to 2420 of this Appendix] for the export of any good

or technology to a controlled country and who, with knowledge that

such a good or technology is being used by such controlled country

for military or intelligence gathering purposes contrary to the

conditions under which the license was issued, willfully fails to

report such use to the Secretary of Defense -

(A) except in the case of an individual, shall be fined not

more than five times the value of the exports involved or

$1,000,000, whichever is greater; and

(B) in the case of an individual, shall be fined not more than

$250,000, or imprisoned not more than 5 years, or both.

(3) Any person who possesses any goods or technology -

(A) with the intent to export such goods or technology in

violation of an export control imposed under section 5 or 6 of

this Act [section 2404 or 2405 of this Appendix] or any

regulation, order, or license issued with respect to such

control, or

(B) knowing or having reason to believe that the goods or

technology would be so exported,

shall, in the case of a violation of an export control imposed

under section 5 [section 2404 of this Appendix] (or any regulation,

order, or license issued with respect to such control), be subject

to the penalties set forth in paragraph (1) of this subsection and

shall, in the case of a violation of an export control imposed

under section 6 [section 2405 of this Appendix] (or any regulation,

order, or license issued with respect to such control), be subject

to the penalties set forth in subsection (a).

(4) Any person who takes any action with the intent to evade the

provisions of this Act [sections 2401 to 2420 of this Appendix] or

any regulation, order, or license issued under this Act [sections

2401 to 2420 of this Appendix] shall be subject to the penalties

set forth in subsection (a), except that in the case of an evasion

of an export control imposed under section 5 or 6 of this Act

[section 2404 or 2405 of this Appendix] (or any regulation, order,

or license issued with respect to such control), such person shall

be subject to the penalties set forth in paragraph (1) of this

subsection.

(5) Nothing in this subsection or subsection (a) shall limit the

power of the Secretary to define by regulations violations under

this Act [sections 2401 to 2420 of this Appendix].

(c) Civil penalties; administrative sanctions

(1) The Secretary (and officers and employees of the Department

of Commerce specifically designated by the Secretary) may impose a

civil penalty not to exceed $10,000 for each violation of this Act

[sections 2401 to 2420 of this Appendix] or any regulation, order,

or license issued under this Act [sections 2401 to 2420 of this

Appendix], either in addition to or in lieu of any other liability

or penalty which may be imposed, except that the civil penalty for

each such violation involving national security controls imposed

under section 5 of this Act [section 2404 of this Appendix] or

controls imposed on the export of defense articles and defense

services under section 38 of the Arms Export Control Act [22 U.S.C.

2778] may not exceed $100,000.

(2)(A) The authority under this Act [sections 2401 to 2420 of

this Appendix] to suspend or revoke the authority of any United

States person to export goods or technology may be used with

respect to any violation of the regulations issued pursuant to

section 8(a) of this Act [section 2407(a) of this Appendix].

(B) Any administrative sanction (including any civil penalty or

any suspension or revocation of authority to export) imposed under

this Act [sections 2401 to 2420 of this Appendix] for a violation

of the regulations issued pursuant to section 8(a) of this Act

[section 2407(a) of this Appendix] may be imposed only after notice

and opportunity for an agency hearing on the record in accordance

with sections 554 through 557 of title 5, United States Code.

(C) Any charging letter or other document initiating

administrative proceedings for the imposition of sanctions for

violations of the regulations issued pursuant to section 8(a) of

this Act [section 2407(a) of this Appendix] shall be made available

for public inspection and copying.

(3) An exception may not be made to any order issued under this

Act [sections 2401 to 2420 of this Appendix] which revokes the

authority of a United States person to export goods or technology

unless the Committee on Foreign Affairs of the House of

Representatives and the Committee on Banking, Housing, and Urban

Affairs of the Senate are first consulted concerning the exception.

(4) The President may by regulation provide standards for

establishing levels of civil penalty provided in this subsection

based upon the seriousness of the violation, the culpability of the

violator, and the violator's record of cooperation with the

Government in disclosing the violation.

(d) Payment of penalties

The payment of any penalty imposed pursuant to subsection (c) may

be made a condition, for a period not exceeding one year after the

imposition of such penalty, to the granting, restoration, or

continuing validity of any export license, permission, or privilege

granted or to be granted to the person upon whom such penalty is

imposed. In addition, the payment of any penalty imposed under

subsection (c) may be deferred or suspended in whole or in part for

a period of time no longer than any probation period (which may

exceed one year) that may be imposed upon such person. Such a

deferral or suspension shall not operate as a bar to the collection

of the penalty in the event that the conditions of the suspension,

deferral, or probation are not fulfilled.

(e) Refunds

Any amount paid in satisfaction of any penalty imposed pursuant

to subsection (c), or any amounts realized from the forfeiture of

any property interest or proceeds pursuant to subsection (g), shall

be covered into the Treasury as a miscellaneous receipt. The head

of the department or agency concerned may, in his discretion,

refund any such penalty imposed pursuant to subsection (c), within

2 years after payment, on the ground of a material error of fact or

law in the imposition of the penalty. Notwithstanding section

1346(a) of title 28, United States Code, no action for the refund

of any such penalty may be maintained in any court.

(f) Actions for recovery of penalties

In the event of the failure of any person to pay a penalty

imposed pursuant to subsection (c), a civil action for the recovery

thereof may, in the discretion of the head of the department or

agency concerned, be brought in the name of the United States. In

any such action, the court shall determine de novo all issues

necessary to the establishment of liability. Except as provided in

this subsection and in subsection (d), no such liability shall be

asserted, claimed, or recovered upon by the United States in any

way unless it has previously been reduced to judgment.

(g) Forfeiture of property interest and proceeds

(1) Any person who is convicted under subsection (a) or (b) of a

violation of an export control imposed under section 5 of this Act

[section 2404 of this Appendix] (or any regulation, order, or

license issued with respect to such control) shall, in addition to

any other penalty, forfeit to the United States -

(A) any of that person's interest in, security of, claim

against, or property or contractual rights of any kind in the

goods or tangible items that were the subject of the violation;

(B) any of that person's interest in, security of, claim

against, or property or contractual rights of any kind in

tangible property that was used in the export or attempt to

export that was the subject of the violation; and

(C) any of that person's property constituting, or derived

from, any proceeds obtained directly or indirectly as a result of

the violation.

(2) The procedures in any forfeiture under this subsection, and

the duties and authority of the courts of the United States and the

Attorney General with respect to any forfeiture action under this

subsection or with respect to any property that may be subject to

forfeiture under this subsection, shall be governed by the

provisions of section 1963 of title 18, United States Code.

(h) Prior convictions

(1) No person convicted of a violation of this Act [sections 2401

to 2420 of this Appendix] (or any regulation, license, or order

issued under this Act [sections 2401 to 2420 of this Appendix]),

any regulation, license, or order issued under the International

Emergency Economic Powers Act [50 U.S.C. 1701 et seq.], section

793, 794, or 798 of title 18, United States Code, section 4(b) of

the Internal Security Act of 1950 (50 U.S.C. 783(b)),(!1) or

section 38 of the Arms Export Control Act (22 U.S.C. 2778) shall be

eligible, at the discretion of the Secretary, to apply for or use

any export license under this Act [sections 2401 to 2420 of this

Appendix] for a period of up to 10 years from the date of the

conviction. The Secretary may revoke any export license under this

Act [sections 2401 to 2420 of this Appendix] in which such person

has an interest at the time of the conviction.

(2) The Secretary may exercise the authority under paragraph (1)

with respect to any person related, through affiliation, ownership,

control, or position of responsibility, 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 section 13(c) of this Act [section 2412(c)

of this Appendix].

(i) Other authorities

Nothing in subsection (c), (d), (f), (g), or (h) limits -

(1) the availability of other administrative or judicial

remedies with respect to violations of this Act [sections 2401 to

2420 of this Appendix], or any regulation, order, or license

issued under this Act [sections 2401 to 2420 of this Appendix];

(2) the authority to compromise and settle administrative

proceedings brought with respect to violations of this Act

[sections 2401 to 2420 of this Appendix], or any regulation,

order, or license issued under this Act [sections 2401 to 2420 of

this Appendix]; or

(3) the authority to compromise, remit or mitigate seizures and

forfeitures pursuant to section 1(b) of title VI of the Act of

June 15, 1917 (22 U.S.C. 401(b)).

-SOURCE-

(Pub. L. 96-72, Sec. 11, Sept. 29, 1979, 93 Stat. 529; Pub. L.

97-145, Sec. 4(a)-(c), Dec. 29, 1981, 95 Stat. 1727; Pub. L. 99-64,

title I, Sec. 112, July 12, 1985, 99 Stat. 146; Pub. L. 100-418,

title II, Sec. 2426, Aug. 23, 1988, 102 Stat. 1361.)

-REFTEXT-

REFERENCES IN TEXT

The International Emergency Economic Powers Act, referred to in

subsec. (h)(1), is title II of Pub. L. 95-223, Dec. 28, 1977, 91

Stat. 1626, which is classified generally to chapter 35 (Sec. 1701

et seq.) of Title 50, War and National Defense. For complete

classification of this Act to the Code, see Short Title note set

out under section 1701 of Title 50 and Tables.

Section 4(b) of the Internal Security Act of 1950 (50 U.S.C.

783(b)), referred to in subsec. (h)(1), was redesignated as section

4(a) of that Act, 50 U.S.C. 783(a), by Pub. L. 103-199, title VIII,

Sec. 803(2)(B), Dec. 17, 1993, 107 Stat. 2329.

-MISC1-

PRIOR PROVISIONS

A prior section 2410, Pub. L. 91-184, Sec. 11, Dec. 30, 1969, 83

Stat. 846; Pub. L. 95-52, title II, Sec. 204, June 22, 1977, 91

Stat. 247, defining "person" and "United States person" for

purposes of the Export Administration Act of 1969, expired on Sept.

30, 1979.

AMENDMENTS

1988 - Subsec. (h). Pub. L. 100-418, Sec. 2426, designated

existing provisions as par. (1), inserted "this Act (or any

regulation, license, or order issued under this Act), any

regulation, license, or order issued under the International

Emergency Economic Powers Act," after "violation of", and added

par. (2).

1985 - Subsec. (a). Pub. L. 99-64, Sec. 112(a), inserted "or

conspires to or attempts to violate".

Subsec. (b)(1). Pub. L. 99-64, Sec. 112(b)(1), in provisions

preceding subpar. (A), substituted "Whoever willfully violates or

conspires to or attempts to violate any provision of this Act or

any regulation, order, or license issued thereunder, with knowledge

that the exports involved will be used for the benefit of, or that

the destination or intended destination of the goods or technology

involved is, any controlled country or any country to which exports

are controlled for foreign policy purposes" for "Whoever willfully

exports anything contrary to any provision of this Act or any

regulation, order, or license issued thereunder, with knowledge

that such exports will be used for the benefit of any country to

which exports are restricted for national security or foreign

policy purposes".

Subsec. (b)(2). Pub. L. 99-64, Sec. 112(b)(2), struck out

sentence which provided that for purposes of this paragraph,

"controlled country" means any country described in section 620(f)

of the Foreign Assistance Act of 1961.

Subsec. (b)(3) to (5). Pub. L. 99-64, Sec. 112(b)(3), added pars.

(3) to (5).

Subsec. (c)(1). Pub. L. 99-64, Sec. 112(c)(1), substituted

"Secretary (and officers and employees of the Department of

Commerce specifically designated by the Secretary)" for "head of

any department or agency exercising any functions under this Act,

or any officer or employee of such department or agency

specifically designated by the head thereof,".

Subsec. (c)(3), (4). Pub. L. 99-64, Sec. 112((c)(2), added pars.

(3) and (4).

Subsec. (e). Pub. L. 99-64, Sec. 112(d), inserted ", or any

amounts realized from the forfeiture of any property interest or

proceeds pursuant to subsection (g)," after "Any amount paid in

satisfaction of any penalty imposed pursuant to subsection (c)",

and inserted "imposed pursuant to subsection (c)" after "refund any

such penalty".

Subsecs. (g), (h). Pub. L. 99-64, Sec. 112(e)(2), added subsecs.

(g) and (h). Former subsec. (g) redesignated (i).

Subsec. (i). Pub. L. 99-64, Sec. 112(e)(1), (f), redesignated

former subsec. (g) as (i) and substituted "(f), (g), or (h)" for

"or (f)" in provisions preceding par. (1).

1981 - Subsec. (b)(1). Pub. L. 97-145, Sec. 4(a), in penalty

provisions, substituted separate penalties for individuals and

others in subpars. (A) and (B), for provisions prescribing a fine

of not more than five times the value of the exports involved or

$100,000, whichever was greater, or imprisonment of not more than

10 years, or both.

Subsec. (b)(2). Pub. L. 97-145, Sec. 4(b), in penalty provisions,

substituted separate penalties for individuals and others in

subpars. (A) and (B), for provisions prescribing a fine of not more

than five times the value of the exports involved or $100,000,

whichever was greater, or imprisonment for not more than 5 years,

or both.

Subsec. (c)(1). Pub. L. 97-145, Sec. 3(c), inserted exception

that the civil penalty for each violation involving national

security controls imposed under section 2404 of this Appendix or

controls imposed on the export of defense articles and defense

services under section 2778 of title 22 may not exceed $100,000.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1981 AMENDMENT

Section 4(d) of Pub. L. 97-145 provided that: "The amendments

made by this section [amending this section] apply with respect to

violations occurring after the date of the enactment of this Act

[Dec. 29, 1981]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2410b, 2411, 2412, 2413

of this Appendix; title 18 sections 951, 1956; title 22 sections

2778, 2779a, 2780; title 50 section 2332.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX Sec. 2410a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2410a. Multilateral export control violations

-STATUTE-

(a) Determination by the President

The President, subject to subsection (c), shall apply sanctions

under subsection (b) for a period of not less than 2 years and not

more than 5 years, if the President determines that -

(1) a foreign person has violated any regulation issued by a

country to control exports for national security purposes

pursuant to the agreement of the group known as the Coordinating

Committee, and

(2) such violation has resulted in substantial enhancement of

Soviet and East bloc capabilities in submarine or antisubmarine

warfare, ballistic or antiballistic missile technology, strategic

aircraft, command, control, communications and intelligence, or

other critical technologies as determined by the President, on

the advice of the National Security Council, to represent a

serious adverse impact on the strategic balance of forces.

The President shall notify the Congress of each action taken under

this section. This section, except subsections (h) and (j), applies

only to violations that occur after the date of the enactment of

the Export Enhancement Act of 1988 [Aug. 23, 1988].

(b) Sanctions

The sanctions referred to in subsection (a) shall apply to the

foreign person committing the violation, as well as to any parent,

affiliate, subsidiary, and successor entity of the foreign person,

and, except as provided in subsection (c), are as follows:

(1) a prohibition on contracting with, and procurement of

products and services from, a sanctioned person, by any

department, agency, or instrumentality of the United States

Government, and

(2) a prohibition on importation into the United States of all

products produced by a sanctioned person.

(c) Exceptions

The President shall not apply sanctions under this section -

(1) in the case of procurement of defense articles or defense

services -

(A) under existing contracts or subcontracts, including the

exercise of options for production quantities to satisfy United

States operational military requirements;

(B) if the President determines that the foreign person or

other entity to which the sanctions would otherwise be applied

is a sole source supplier of essential defense articles or

services and no alternative supplier can be identified; or

(C) if the President determines that such articles or

services are essential to the national security under defense

coproduction agreements; or

(2) to -

(A) products or services provided under contracts or other

binding agreements (as such terms are defined by the President

in regulations) entered into before the date on which the

President notifies the Congress of the intention to impose the

sanctions;

(B) spare parts;

(C) component parts, but not finished products, essential to

United States products or production;

(D) routine servicing and maintenance of products; or

(E) information and technology.

(d) Exclusion

The President shall not apply sanctions under this section to a

parent, affiliate, subsidiary, and successor entity of a foreign

person if the President determines that -

(1) the parent, affiliate, subsidiary, or successor entity (as

the case may be) has not knowingly violated the export control

regulation violated by the foreign person, and

(2) the government of the country with jurisdiction over the

parent, affiliate, subsidiary, or successor entity had in effect,

at the time of the violation by the foreign person, an effective

export control system consistent with principles agreed to in the

Coordinating Committee, including the following:

(A) national laws providing appropriate civil and criminal

penalties and statutes of limitations sufficient to deter

potential violations;

(B) a program to evaluate export license applications that

includes sufficient technical expertise to assess the licensing

status of exports and ensure the reliability of end-users;

(C) an enforcement mechanism that provides authority for

trained enforcement officers to investigate and prevent illegal

exports;

(D) a system of export control documentation to verify the

movement of goods and technology; and

(E) procedures for the coordination and exchange of

information concerning violations of the agreement of the

Coordinating Committee.

(e) Definitions

For purposes of this section -

(1) the term "component part" means any article which is not

usable for its intended functions without being imbedded in or

integrated into any other product and which, if used in

production of a finished product, would be substantially

transformed in that process;

(2) the term "finished product" means any article which is

usable for its intended functions without being imbedded or

integrated into any other product, but in no case shall such term

be deemed to include an article produced by a person other than a

sanctioned person that contains parts or components of the

sanctioned person if the parts or components have been

substantially transformed during production of the finished

product; and

(3) the term "sanctioned person" means a foreign person, and

any parent, affiliate, subsidiary, or successor entity of the

foreign person, upon whom sanctions have been imposed under this

section.

(f) Subsequent modifications of sanctions

The President may, after consultation with the Congress, limit

the scope of sanctions applied to a parent, affiliate, subsidiary,

or successor entity of the foreign person determined to have

committed the violation on account of which the sanctions were

imposed if the President determines that -

(1) the parent, affiliate, subsidiary, or successor entity (as

the case may be) has not, on the basis of available evidence,

itself violated the export control regulation involved, either

directly or through a course of conduct;

(2) the government with jurisdiction over the parent,

affiliate, subsidiary, or successor entity has improved its

export control system as measured by the criteria set forth in

subsection (d)(2);

(3) the parent, affiliate, subsidiary, or successor entity, has

instituted improvements in internal controls sufficient to detect

and prevent violations of the export control regime implemented

under paragraph (2); and

(4) the impact of the sanctions imposed on the parent,

affiliate, subsidiary, or successor entity is proportionate to

the increased defense expenditures imposed on the United States.

Notwithstanding the preceding sentence, the President may not limit

the scope of the sanction referred to in subsection (b)(1) with

respect to the parent of the foreign person determined to have

committed the violation, until that sanction has been in effect for

at least 2 years.

(g) Reports to Congress

The President shall include in the annual report submitted under

section 14 [section 2413 of this Appendix], a report on the status

of any sanctions imposed under this section, including any

exceptions, exclusions, or modifications of sanctions that have

been applied under subsection (c), (d), or (f).

(h) Discretionary imposition of sanctions

If the President determines that a foreign person has violated a

regulation issued by a country to control exports for national

security purposes pursuant to the agreement of the group known as

the Coordinating Committee, but in a case in which subsection

(a)(2) may not apply, the President may apply the sanctions

referred to in subsection (b) against that foreign person for a

period of not more than 5 years.

(i) Compensation for diversion of militarily critical technologies

to controlled countries

(1) In cases in which sanctions have been applied against a

foreign person under subsection (a), the President shall initiate

discussions with the foreign person and the government with

jurisdiction over that foreign person regarding compensation on the

part of the foreign person in an amount proportionate to the costs

of research and development and procurement of new defensive

systems by the United States and the allies of the United States to

counteract the effect of the technological advance achieved by the

Soviet Union as a result of the violation by that foreign person.

(2) The President shall, at the time that discussions are

initiated under paragraph (1), report to the Congress that such

discussions are being undertaken, and shall report to the Congress

the outcome of those discussions.

(j) Other actions by the President

Upon making a determination under subsection (a) or (h), the

President shall -

(1) initiate consultations with the foreign government with

jurisdiction over the foreign person who committed the violation

involved, in order to seek prompt remedial action by that

government;

(2) initiate discussions with the governments participating in

the Coordinating Committee regarding the violation and means to

ensure that similar violations do not occur; and

(3) consult with and report to the Congress on the nature of

the violation and the actions the President proposes to take, or

has taken, to rectify the situation.

(k) Damages for certain violations

(1) In any case in which the President makes a determination

under subsection (a), the Secretary of Defense shall determine the

costs of restoring the military preparedness of the United States

on account of the violation involved. The Secretary of Defense

shall notify the Attorney General of his determination, and the

Attorney General may bring an action for damages, in any

appropriate district court of the United States, to recover such

costs against the person who committed the violation, any person

that is owned or controlled by the person who committed the

violation, and any person who owns and controls the person who

committed the violation.

(3) (!1) The total amount awarded in any case brought under

paragraph (2) (!1) shall be determined by the court in light of the

facts and circumstances, but shall not exceed the amount of the net

loss to the national security of the United States. An action under

this subsection shall be commenced not later than 3 years after the

violation occurs, or one year after the violation is discovered,

whichever is later.

(l) Definition

For purposes of this section, the term "foreign person" means any

person other than a United States person.

-SOURCE-

(Pub. L. 96-72, Sec. 11A, as added Pub. L. 100-418, title II, Sec.

2444, Aug. 23, 1988, 102 Stat. 1366.)

-MISC1-

PROHIBITION ON PURCHASE OF TOSHIBA PRODUCTS FOR RESALE IN MILITARY

EXCHANGE STORES

Pub. L. 101-165, title IX, Sec. 9087, Nov. 21, 1989, 103 Stat.

1148, provided that during period beginning Nov. 21, 1989, and

through Dec. 28, 1991, no product manufactured or assembled by

Toshiba America, Inc., or Toshiba Corporation (or any of its

affiliates or subsidiaries) may be purchased by the Department of

Defense for the purpose of resale of such product in a military

exchange store or in any other morale, welfare, recreation, or

resale activity operated by the Department of Defense (either

directly or by concessionaire), with an exception for microwave

ovens manufactured or assembled in the United States. Similar

provisions were contained in the following prior appropriation

acts:

Pub. L. 100-463, title VIII, Sec. 8092, Oct. 1, 1988, 102 Stat.

2270-34.

Pub. L. 100-456, div. A, title III, Sec. 313, Sept. 29, 1988, 102

Stat. 1951.

MANDATORY SANCTIONS AGAINST TOSHIBA AND KONGSBERG

Sections 2442 and 2443 of Pub. L. 100-418 contained congressional

statement of findings, directed President to impose, for a period

of 3 years, (1) a prohibition on contracting with, and procurement

of products and services from, Toshiba Machine Company and

Kongsberg Trading Company, and any other foreign person whom

President found to have knowingly facilitated the diversion of

advanced milling machinery by Toshiba Machine Company and Kongsberg

Trading Company to the Soviet Union, by any department, agency, or

instrumentality of United States Government, and (2) a prohibition

on importation into United States of all products produced by

Toshiba Machine Company, Kongsberg Trading Company, and any such

foreign person; and directed President to impose, for a period of 3

years, a prohibition on contracting with, and procurement of

products and services from, the Toshiba Corporation and Kongsberg

Vaapenfabrikk, by any department, agency, or instrumentality of the

United States Government, with certain exceptions.

-FOOTNOTE-

(!1) So in original. Subsec. (k) was enacted without a par. (2).

-End-

-CITE-

50 USC APPENDIX Sec. 2410b 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2410b. Missile proliferation control violations

-STATUTE-

(a) Violations by United States persons

(1) Sanctions

(A) If the President determines that a United States person

knowingly -

(i) exports, transfers, or otherwise engages in the trade of

any item on the MTCR Annex, in violation of the provisions of

section 38 (22 U.S.C. 2778) or chapter 7 of the Arms Export

Control Act [22 U.S.C. 2797 et seq.], section 5 or 6 of this

Act [section 2404 or 2405 of this Appendix], or any regulations

or orders issued under any such provisions,

(ii) conspires to or attempts to engage in such export,

transfer, or trade, or

(iii) facilitates such export, transfer, or trade by any

other person,

then the President shall impose the applicable sanctions

described in subparagraph (B).

(B) The sanctions which apply to a United States person under

subparagraph (A) are the following:

(i) If the item on the MTCR Annex involved in the export,

transfer, or trade is missile equipment or technology within

category II of the MTCR Annex, then the President shall deny to

such United States person, for a period of 2 years, licenses

for the transfer of missile equipment or technology controlled

under this Act [sections 2401 to 2420 of this Appendix].

(ii) If the item on the MTCR Annex involved in the export,

transfer, or trade is missile equipment or technology within

category I of the MTCR Annex, then the President shall deny to

such United States person, for a period of not less than 2

years, all licenses for items the export of which is controlled

under this Act [sections 2401 to 2420 of this Appendix].

(2) Discretionary sanctions

In the case of any determination referred to in paragraph (1),

the Secretary may pursue any other appropriate penalties under

section 11 of this Act [section 2410 of this Appendix].

(3) Waiver

The President may waive the imposition of sanctions under

paragraph (1) on a person with respect to a product or service if

the President certifies to the Congress that -

(A) the product or service is essential to the national

security of the United States; and

(B) such person is a sole source supplier of the product or

service, the product or service is not available from any

alternative reliable supplier, and the need for the product or

service cannot be met in a timely manner by improved

manufacturing processes or technological developments.

(b) Transfers of missile equipment or technology by foreign persons

(1) Sanctions

(A) Subject to paragraphs (3) through (7), if the President

determines that a foreign person, after the date of the enactment

of this section [Nov. 5, 1990], knowingly -

(i) exports, transfers, or otherwise engages in the trade of

any MTCR equipment or technology that contributes to the

design, development, or production of missiles in a country

that is not an MTCR adherent and would be, if it were United

States-origin equipment or technology, subject to the

jurisdiction of the United States under this Act [sections 2401

to 2420 of this Appendix],

(ii) conspires to or attempts to engage in such export,

transfer, or trade, or

(iii) facilitates such export, transfer, or trade by any

other person,

or if the President has made a determination with respect to a

foreign person under section 73(a) of the Arms Export Control Act

[22 U.S.C. 2797b(a)], then the President shall impose on that

foreign person the applicable sanctions under subparagraph (B).

(B) The sanctions which apply to a foreign person under

subparagraph (A) are the following:

(i) If the item involved in the export, transfer, or trade is

within category II of the MTCR Annex, then the President shall

deny, for a period of 2 years, licenses for the transfer to

such foreign person of missile equipment or technology the

export of which is controlled under this Act [sections 2401 to

2420 of this Appendix].

(ii) If the item involved in the export, transfer, or trade

is within category I of the MTCR Annex, then the President

shall deny, for a period of not less than 2 years, licenses for

the transfer to such foreign person of items the export of

which is controlled under this Act [sections 2401 to 2420 of

this Appendix].

(iii) If, in addition to actions taken under clauses (i) and

(ii), the President determines that the export, transfer, or

trade has substantially contributed to the design, development,

or production of missiles in a country that is not an MTCR

adherent, then the President shall prohibit, for a period of

not less than 2 years, the importation into the United States

of products produced by that foreign person.

(2) Inapplicability with respect to MTCR adherents

Paragraph (1) does not apply with respect to -

(A) any export, transfer, or trading activity that is

authorized by the laws of an MTCR adherent, if such

authorization is not obtained by misrepresentation or fraud; or

(B) any export, transfer, or trade of an item to an end user

in a country that is an MTCR adherent.

(3) Effect of enforcement actions by MTCR adherents

Sanctions set forth in paragraph (1) may not be imposed under

this subsection on a person with respect to acts described in

such paragraph or, if such sanctions are in effect against a

person on account of such acts, such sanctions shall be

terminated, if an MTCR adherent is taking judicial or other

enforcement action against that person with respect to such acts,

or that person has been found by the government of an MTCR

adherent to be innocent of wrongdoing with respect to such acts.

(4) Advisory opinions

The Secretary, in consultation with the Secretary of State and

the Secretary of Defense, may, upon the request of any person,

issue an advisory opinion to that person as to whether a proposed

activity by that person would subject that person to sanctions

under this subsection. Any person who relies in good faith on

such an advisory opinion which states that the proposed activity

would not subject a person to such sanctions, and any person who

thereafter engages in such activity, may not be made subject to

such sanctions on account of such activity.

(5) Waiver and report to Congress

(A) In any case other than one in which an advisory opinion has

been issued under paragraph (4) stating that a proposed activity

would not subject a person to sanctions under this subsection,

the President may waive the application of paragraph (1) to a

foreign person if the President determines that such waiver is

essential to the national security of the United States.

(B) In the event that the President decides to apply the waiver

described in subparagraph (A), the President shall so notify the

Congress not less than 20 working days before issuing the waiver.

Such notification shall include a report fully articulating the

rationale and circumstances which led the President to apply the

waiver.

(6) Additional waiver

The President may waive the imposition of sanctions under

paragraph (1) on a person with respect to a product or service if

the President certifies to the Congress that -

(A) the product or service is essential to the national

security of the United States; and

(B) such person is a sole source supplier of the product or

service, the product or service is not available from any

alternative reliable supplier, and the need for the product or

service cannot be met in a timely manner by improved

manufacturing processes or technological developments.

(7) Exceptions

The President shall not apply the sanction under this

subsection prohibiting the importation of the products of a

foreign person -

(A) in the case of procurement of defense articles or defense

services -

(i) under existing contracts or subcontracts, including the

exercise of options for production quantities to satisfy

requirements essential to the national security of the United

States;

(ii) if the President determines that the person to which

the sanctions would be applied is a sole source supplier of

the defense articles and services, that the defense articles

or services are essential to the national security of the

United States, and that alternative sources are not readily

or reasonably available; or

(iii) if the President determines that such articles or

services are essential to the national security of the United

States under defense coproduction agreements or NATO Programs

of Cooperation;

(B) to products or services provided under contracts entered

into before the date on which the President publishes his

intention to impose the sanctions; or

(C) to -

(i) spare parts,

(ii) component parts, but not finished products, essential

to United States products or production,

(iii) routine services and maintenance of products, to the

extent that alternative sources are not readily or reasonably

available, or

(iv) information and technology essential to United States

products or production.

(c) Definitions

For purposes of this section and subsections (k) and (l) of

section 6 [section 2405(k) and (l) of this Appendix] -

(1) the term "missile" means a category I system as defined in

the MTCR Annex, and any other unmanned delivery system of similar

capability, as well as the specially designed production

facilities for these systems;

(2) the term "Missile Technology Control Regime" or "MTCR"

means the policy statement, between the United States, the United

Kingdom, the Federal Republic of Germany, France, Italy, Canada,

and Japan, announced on April 16, 1987, to restrict sensitive

missile-relevant transfers based on the MTCR Annex, and any

amendments thereto;

(3) the term "MTCR adherent" means a country that participates

in the MTCR or that, pursuant to an international understanding

to which the United States is a party, controls MTCR equipment or

technology in accordance with the criteria and standards set

forth in the MTCR;

(4) the term "MTCR Annex" means the Guidelines and Equipment

and Technology Annex of the MTCR, and any amendments thereto;

(5) the terms "missile equipment or technology" and "MTCR

equipment or technology" mean those items listed in category I or

category II of the MTCR Annex;

(6) the term "foreign person" means any person other than a

United States person;

(7)(A) the term "person" means a natural person as well as a

corporation, business association, partnership, society, trust,

any other nongovernmental entity, organization, or group, and any

governmental entity operating as a business enterprise, and any

successor of any such entity; and

(B) in the case of countries where it may be impossible to

identify a specific governmental entity referred to in

subparagraph (A), the term "person" means -

(i) all activities of that government relating to the

development or production of any missile equipment or

technology; and

(ii) all activities of that government affecting the

development or production of aircraft, electronics, and space

systems or equipment; and

(8) the term "otherwise engaged in the trade of" means, with

respect to a particular export or transfer, to be a freight

forwarder or designated exporting agent, or a consignee or end

user of the item to be exported or transferred.

-SOURCE-

(Pub. L. 96-72, Sec. 11B, as added Pub. L. 101-510, div. A, title

XVII, Sec. 1702(b), Nov. 5, 1990, 104 Stat. 1741.)

-REFTEXT-

REFERENCES IN TEXT

The Arms Export Control Act, referred to in subsec. (a)(1)(A)(i),

is Pub. L. 90-269, Oct. 22, 1968, 82 Stat. 1320, as amended.

Chapter 7 of the Act is classified generally to subchapter VII

(Sec. 2797 et seq.) of chapter 39 of Title 22, Foreign Relations

and Intercourse. For complete classification of this Act to the

Code, see Short Title note set out under section 2751 of Title 22

and Tables.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of Commerce, with certain exceptions, by section 2(b) of Ex. Ord.

No. 12851, June 11, 1993, 58 F.R. 33181, set out as a note under

section 2797 of Title 22, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2368 of this title; title

22 sections 2375, 2797b.

-End-

-CITE-

50 USC APPENDIX Sec. 2410c 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2410c. Chemical and biological weapons proliferation sanctions

-STATUTE-

(a) Imposition of sanctions

(1) Determination by the President

Except as provided in subsection (b)(2), the President shall

impose both of the sanctions described in subsection (c) if the

President determines that a foreign person, on or after October

28, 1991, has knowingly and materially contributed -

(A) through the export from the United States of any goods or

technology that are subject to the jurisdiction of the United

States under this Act [sections 2401 to 2420 of this Appendix],

or

(B) through the export from any other country of any goods or

technology that would be, if they were United States goods or

technology, subject to the jurisdiction of the United States

under this Act [sections 2401 to 2420 of this Appendix],

to the efforts by any foreign country, project, or entity

described in paragraph (2) to use, develop, produce, stockpile,

or otherwise acquire chemical or biological weapons.

(2) Countries, projects, or entities receiving assistance

Paragraph (1) applies in the case of -

(A) any foreign country that the President determines has, at

any time after January 1, 1980 -

(i) used chemical or biological weapons in violation of

international law;

(ii) used lethal chemical or biological weapons against its

own nationals; or

(iii) made substantial preparations to engage in the

activities described in clause (i) or (ii);

(B) any foreign country whose government is determined for

purposes of section 6(j) of this Act [section 2405(j) of this

Appendix] to be a government that has repeatedly provided

support for acts of international terrorism; or

(C) any other foreign country, project, or entity designated

by the President for purposes of this section.

(3) Persons against which sanctions are to be imposed

Sanctions shall be imposed pursuant to paragraph (1) on -

(A) the foreign person with respect to which the President

makes the determination described in that paragraph;

(B) any successor entity to that foreign person;

(C) any foreign person that is a parent or subsidiary of that

foreign person if that parent or subsidiary knowingly assisted

in the activities which were the basis of that determination;

and

(D) any foreign person that is an affiliate of that foreign

person if that affiliate knowingly assisted in the activities

which were the basis of that determination and if that

affiliate is controlled in fact by that foreign person.

(b) Consultations with and actions by foreign government of

jurisdiction

(1) Consultations

If the President makes the determinations described in

subsection (a)(1) with respect to a foreign person, the Congress

urges the President to initiate consultations immediately with

the government with primary jurisdiction over that foreign person

with respect to the imposition of sanctions pursuant to this

section.

(2) Actions by government of jurisdiction

In order to pursue such consultations with that government, the

President may delay imposition of sanctions pursuant to this

section for a period of up to 90 days. Following these

consultations, the President shall impose sanctions unless the

President determines and certifies to the Congress that that

government has taken specific and effective actions, including

appropriate penalties, to terminate the involvement of the

foreign person in the activities described in subsection (a)(1).

The President may delay imposition of sanctions for an additional

period of up to 90 days if the President determines and certifies

to the Congress that that government is in the process of taking

the actions described in the preceding sentence.

(3) Report to Congress

The President shall report to the Congress, not later than 90

days after making a determination under subsection (a)(1), on the

status of consultations with the appropriate government under

this subsection, and the basis for any determination under

paragraph (2) of this subsection that such government has taken

specific corrective actions.

(c) Sanctions

(1) Description of sanctions

The sanctions to be imposed pursuant to subsection (a)(1) are,

except as provided in paragraph (2) of this subsection, the

following:

(A) Procurement sanction

The United States Government shall not procure, or enter into

any contract for the procurement of, any goods or services from

any person described in subsection (a)(3).

(B) Import sanctions

The importation into the United States of products produced

by any person described in subsection (a)(3) shall be

prohibited.

(2) Exceptions

The President shall not be required to apply or maintain

sanctions under this section -

(A) in the case of procurement of defense articles or defense

services -

(i) under existing contracts or subcontracts, including the

exercise of options for production quantities to satisfy

United States operational military requirements;

(ii) if the President determines that the person or other

entity to which the sanctions would otherwise be applied is a

sole source supplier of the defense articles or services,

that the defense articles or services are essential, and that

alternative sources are not readily or reasonably available;

or

(iii) if the President determines that such articles or

services are essential to the national security under defense

coproduction agreements;

(B) to products or services provided under contracts entered

into before the date on which the President publishes his

intention to impose sanctions;

(C) to -

(i) spare parts,

(ii) component parts, but not finished products, essential

to United States products or production, or

(iii) routine servicing and maintenance of products, to the

extent that alternative sources are not readily or reasonably

available;

(D) to information and technology essential to United States

products or production; or

(E) to medical or other humanitarian items.

(d) Termination of sanctions

The sanctions imposed pursuant to this section shall apply for a

period of at least 12 months following the imposition of sanctions

and shall cease to apply thereafter only if the President

determines and certifies to the Congress that reliable information

indicates that the foreign person with respect to which the

determination was made under subsection (a)(1) has ceased to aid or

abet any foreign government, project, or entity in its efforts to

acquire chemical or biological weapons capability as described in

that subsection.

(e) Waiver

(1) Criterion for waiver

The President may waive the application of any sanction imposed

on any person pursuant to this section, after the end of the

12-month period beginning on the date on which that sanction was

imposed on that person, if the President determines and certifies

to the Congress that such waiver is important to the national

security interests of the United States.

(2) Notification of and report to Congress

If the President decides to exercise the waiver authority

provided in paragraph (1), the President shall so notify the

Congress not less than 20 days before the waiver takes effect.

Such notification shall include a report fully articulating the

rationale and circumstances which led the President to exercise

the waiver authority.

(f) Definition of foreign person

For the purposes of this section, the term "foreign person" means

-

(1) an individual who is not a citizen of the United States or

an alien admitted for permanent residence to the United States;

or

(2) a corporation, partnership, or other entity which is

created or organized under the laws of a foreign country or which

has its principal place of business outside the United States.

-SOURCE-

(Pub. L. 96-72, Sec. 11C, as added and amended Pub. L. 102-182,

title III, Secs. 305(a), 309(b)(1), Dec. 4, 1991, 105 Stat. 1247,

1258.)

-MISC1-

PRIOR PROVISIONS

A prior section 2410c, Pub. L. 96-72, Sec. 11C, as added Pub. L.

102-138, title V, Sec. 505(a), Oct. 28, 1991, 105 Stat. 724,

contained provisions substantially identical to those added by

section 305(a) of Pub. L. 102-182, prior to repeal by Pub. L.

102-182, Sec. 309(a).

AMENDMENTS

1991 - Subsec. (a)(1). Pub. L. 102-182, Sec. 309(b)(1),

substituted "October 28, 1991" for reference to the "date of the

enactment of this section" which was enacted Dec. 4, 1991.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of State, with certain exceptions, by section 1(a) of Ex. Ord. No.

12851, June 11, 1993, 58 F.R. 33181, set out as a note under

section 2797 of Title 22, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2405 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2411 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2411. Enforcement

-STATUTE-

(a) General authority

(1) To the extent necessary or appropriate to the enforcement of

this Act [sections 2401 to 2420 of this Appendix] or to the

imposition of any penalty, forfeiture, or liability arising under

the Export Control Act of 1949 [former sections 2021 to 2032 of

this Appendix] or the Export Administration Act of 1969 [former

sections 2401 to 2413 of this Appendix], the head of any department

or agency exercising any function thereunder (and officers or

employees of such department or agency specifically designated by

the head thereof) may make such investigations within the United

States, and the Commissioner of Customs (and officers or employees

of the United States Customs Service specifically designated by the

Commissioner) may make such investigations outside of the United

States, and the head of such department or agency (and such

officers or employees) may obtain such information from, require

such reports or the keeping of such records by, make such

inspection of the books, records, and other writings, premises, or

property of, and take the sworn testimony of, any person. In

addition, such officers or employees may administer oaths or

affirmations, and may by subpena require any person to appear and

testify or to appear and produce books, records, and other

writings, or both, and in the case of contumacy by, or refusal to

obey a subpena issued to, any such person, a district court of the

United States, after notice to any such person and 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, or both, and any failure to obey such order of the

court may be punished by such court as a contempt thereof. In

addition to the authority conferred by this paragraph, the

Secretary (and officers or employees of the Department of Commerce

designated by the Secretary) may conduct, outside the United

States, pre-license investigations and post-shipment verifications

of items licensed for export, and investigations in the enforcement

of section 8 of this Act [section 2407 of this Appendix].

(2)(A) Subject to subparagraph (B) of this paragraph, the United

States Customs Service is authorized, in the enforcement of this

Act [sections 2401 to 2420 of this Appendix], to search, detain

(after search), and seize goods or technology at those ports of

entry or exit from the United States where officers of the Customs

Service are authorized by law to conduct such searches, detentions,

and seizures, and at those places outside the United States where

the Customs Service, pursuant to agreements or other arrangements

with other countries, is authorized to perform enforcement

activities.

(B) An officer of the United States Customs Service may do the

following in carrying out enforcement authority under this Act

[sections 2401 to 2420 of this Appendix]:

(i) Stop, search, and examine a vehicle, vessel, aircraft, or

person on which or whom such officer has reasonable cause to

suspect there are any goods or technology that has been, is

being, or is about to be exported from the United States in

violation of this Act [sections 2401 to 2420 of this Appendix].

(ii) Search any package or container in which such officer has

reasonable cause to suspect there are any goods or technology

that has been, is being, or is about to be exported from the

United States in violation of this Act [sections 2401 to 2420 of

this Appendix].

(iii) Detain (after search) or seize and secure for trial any

goods or technology on or about such vehicle, vessel, aircraft,

or person, or in such package or container, if such officer has

probable cause to believe the goods or technology has been, is

being, or is about to be exported from the United States in

violation of this Act [sections 2401 to 2420 of this Appendix].

(iv) Make arrests without warrant for any violation of this Act

[sections 2401 to 2420 of this Appendix] committed in his or her

presence or view or if the officer has probable cause to believe

that the person to be arrested has committed or is committing

such a violation.

The arrest authority conferred by clause (iv) of this subparagraph

is in addition to any arrest authority under other laws. The

Customs Service may not detain for more than 20 days any shipment

of goods or technology eligible for export under a general license

under section 4(a)(3) [section 2403(a)(3) of this Appendix]. In a

case in which such detention is on account of a disagreement

between the Secretary and the head of any other department or

agency with export license authority under other provisions of law

concerning the export license requirements for such goods or

technology, such disagreement shall be resolved within that 20-day

period. At the end of that 20-day period, the Customs Service shall

either release the goods or technology, or seize the goods or

technology as authorized by other provisions of law.

(3)(A) Subject to subparagraph (B) of this paragraph, the

Secretary shall have the responsibility for the enforcement of

section 8 of this Act [section 2407 of this Appendix] and, in the

enforcement of the other provisions of this Act [sections 2401 to

2420 of this Appendix], the Secretary is authorized to search,

detain (after search), and seize goods or technology at those

places within the United States other than those ports specified in

paragraph (2)(A) of this subsection. The search, detention (after

search), or seizure of goods or technology at those ports and

places specified in paragraph (2)(A) may be conducted by officers

or employees of the Department of Commerce designated by the

Secretary with the concurrence of the Commissioner of Customs or a

person designated by the Commissioner.

(B) The Secretary may designate any employee of the Office of

Export Enforcement of the Department of Commerce to do the

following in carrying out enforcement authority under this Act

[sections 2401 to 2420 of this Appendix]:

(i) Execute any warrant or other process issued by a court or

officer of competent jurisdiction with respect to the enforcement

of the provisions of this Act [sections 2401 to 2420 of this

Appendix].

(ii) Make arrests without warrant for any violation of this Act

[sections 2401 to 2420 of this Appendix] committed in his or her

presence or view, or if the officer or employee has probable

cause to believe that the person to be arrested has committed or

is committing such a violation.

(iii) Carry firearms in carrying out any activity described in

clause (i) or (ii).

(4) The authorities first conferred by the Export Administration

Amendments Act of 1985 under paragraph (3) shall be exercised

pursuant to guidelines approved by the Attorney General. Such

guidelines shall be issued not later than 120 days after the date

of the enactment of the Export Administration Amendments Act of

1985 [July 12, 1985].

(5) All cases involving violations of this Act [sections 2401 to

2420 of this Appendix] shall be referred to the Secretary for

purposes of determining civil penalties and administrative

sanctions under section 11(c) of this Act [section 2410(c) of this

Appendix], or to the Attorney General for criminal action in

accordance with this Act [sections 2401 to 2420 of this Appendix].

(6) Notwithstanding any other provision of law, the United States

Customs Service may expend in the enforcement of export controls

under this Act [sections 2401 to 2420 of this Appendix] not more

than $12,000,000 in the fiscal year 1985 and not more than

$14,000,000 in the fiscal year 1986.

(7) Not later than 90 days after the date of the enactment of the

Export Administration Amendments Act of 1985 [July 12, 1985], the

Secretary, with the concurrence of the Secretary of the Treasury,

shall publish in the Federal Register procedures setting forth, in

accordance with this subsection, the responsibilities of the

Department of Commerce and the United States Customs Service in the

enforcement of this Act [sections 2401 to 2420 of this Appendix].

In addition, the Secretary, with the concurrence of the Secretary

of the Treasury, may publish procedures for the sharing of

information in accordance with subsection (c)(3) of this section,

and procedures for the submission to the appropriate departments

and agencies by private persons of information relating to the

enforcement of this Act [sections 2401 to 2420 of this Appendix].

(8) For purposes of this section, a reference to the enforcement

of this Act [sections 2401 to 2420 of this Appendix] or to a

violation of this Act [sections 2401 to 2420 of this Appendix]

includes a reference to the enforcement or a violation of any

regulation, order, or license issued under this Act [sections 2401

to 2420 of this Appendix].

(b) Immunity

No person shall be excused from complying with any requirements

under this section because of his privilege against

self-incrimination, but the immunity provisions of section 6002 of

title 18, United States Code, shall apply with respect to any

individual who specifically claims such privilege.

(c) Confidentiality

(1) Except as otherwise provided by the third sentence of section

8(b)(2) [section 2407(b)(2) of this Appendix] and by section

11(c)(2)(C) of this Act [section 2410(c)(2)(C) of this Appendix],

information obtained under this Act [sections 2401 to 2420 of this

Appendix] on or before June 30, 1980, which is deemed confidential,

including Shippers' Export Declarations, or with reference to which

a request for confidential treatment is made by the person

furnishing such information, shall be exempt from disclosure under

section 552 of title 5, United States Code, and such information

shall not be published or disclosed unless the Secretary determines

that the withholding thereof is contrary to the national interest.

Information obtained under this Act [sections 2401 to 2420 of this

Appendix] after June 30, 1980, may be withheld only to the extent

permitted by statute, except that information obtained for the

purpose of consideration of, or concerning, license applications

under this Act [sections 2401 to 2420 of this Appendix] shall be

withheld from public disclosure unless the release of such

information is determined by the Secretary to be in the national

interest. Enactment of this subsection shall not affect any

judicial proceeding commenced under section 552 of title 5, United

States Code, to obtain access to boycott reports submitted prior to

October 31, 1976, which was pending on May 15, 1979; but such

proceeding shall be continued as if this Act [sections 2401 to 2420

of this Appendix] had not been enacted.

(2) Nothing in this Act [sections 2401 to 2420 of this Appendix]

shall be construed as authorizing the withholding of information

from the Congress or from the General Accounting Office. All

information obtained at any time under this Act [sections 2401 to

2420 of this Appendix] or previous Acts regarding the control of

exports, including any report or license application required under

this Act [sections 2401 to 2420 of this Appendix], shall be made

available to any committee or subcommittee of Congress of

appropriate jurisdiction upon request of the chairman or ranking

minority member of such committee or subcommittee. No such

committee or subcommittee, or member thereof, shall disclose any

information obtained under this Act [sections 2401 to 2420 of this

Appendix] or previous Acts regarding the control of exports which

is submitted on a confidential basis unless the full committee

determines that the withholding of that information is contrary to

the national interest. Notwithstanding paragraph (1) of this

subsection, information referred to in the second sentence of this

paragraph shall, consistent with the protection of intelligence,

counterintelligence, and law enforcement sources, methods, and

activities, as determined by the agency that originally obtained

the information, and consistent with the provisions of section 313

of the Budget and Accounting Act 1921 [31 U.S.C. 716], be made

available only by that agency, upon request, to the Comptroller

General of the United States or to any officer or employee of the

General Accounting Office who is authorized by the Comptroller

General to have access to such information. No officer or employee

of the General Accounting Office shall disclose, except to the

Congress in accordance with this paragraph, any such information

which is submitted on a confidential basis and from which any

individual can be identified.

(3) Any department or agency which obtains information which is

relevant to the enforcement of this Act [sections 2401 to 2420 of

this Appendix], including information pertaining to any

investigation, shall furnish such information to each department or

agency with enforcement responsibilities under this Act [sections

2401 to 2420 of this Appendix] to the extent consistent with the

protection of intelligence, counterintelligence, and law

enforcement sources, methods, and activities. The provisions of

this paragraph shall not apply to information subject to the

restrictions set forth in section 9 of title 13, United States

Code; and return information, as defined in subsection (b) of

section 6103 of the Internal Revenue Code of 1986 [26 U.S.C.

6103(b)], may be disclosed only as authorized by such section. The

Secretary and the Commissioner of Customs, upon request, shall

exchange any licensing and enforcement information with each other

which is necessary to facilitate enforcement efforts and effective

license decisions. The Secretary, the Attorney General, and the

Commissioner of Customs shall consult on a continuing basis with

one another and with the heads of other departments and agencies

which obtain information subject to this paragraph, in order to

facilitate the exchange of such information.

(d) Reporting requirements

In the administration of this Act [sections 2401 to 2420 of this

Appendix], reporting requirements shall be so designed as to reduce

the cost of reporting, recordkeeping, and export documentation

required under this Act [sections 2401 to 2420 of this Appendix] to

the extent feasible consistent with effective enforcement and

compilation of useful trade statistics. Reporting, recordkeeping,

and export documentation requirements shall be periodically

reviewed and revised in the light of developments in the field of

information technology.

(e) Simplification of regulations

The Secretary, in consultation with appropriate United States

Government departments and agencies and with appropriate technical

advisory committees established under section 5(h) [section 2404(h)

of this Appendix], shall review the regulations issued under this

Act [sections 2401 to 2420 of this Appendix] and the commodity

control list in order to determine how compliance with the

provisions of this Act [sections 2401 to 2420 of this Appendix] can

be facilitated by simplifying such regulations, by simplifying or

clarifying such list, or by any other means.

-SOURCE-

(Pub. L. 96-72, Sec. 12, Sept. 29, 1979, 93 Stat. 530; Pub. L.

97-145, Secs. 3, 5, Dec. 29, 1981, 95 Stat. 1727, 1728; Pub. L.

99-64, title I, Sec. 113, July 12, 1985, 99 Stat. 148; Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-418,

title II, Sec. 2427, Aug. 23, 1988, 102 Stat. 1361.)

-REFTEXT-

REFERENCES IN TEXT

The Export Control Act of 1949, referred to in subsec. (a)(1), is

act Feb. 26, 1949, ch. 11, 63 Stat. 7, as amended, which was

classified to sections 2021 to 2032 of this Appendix, and

terminated on Dec. 31, 1969, pursuant to the terms of that Act. For

complete classification of this Act to the Code, see Tables.

The Export Administration Act of 1969, referred to in subsec.

(a)(1), is Pub. L. 91-184, Dec. 30, 1969, 83 Stat. 841, as amended,

which was classified generally to sections 2401 to 2413 of this

Appendix, and terminated on Sept. 30, 1979, pursuant to the terms

of that Act. For complete classification of this Act to the Code,

see Tables.

The Export Administration Amendments Act of 1985, referred to in

subsec. (a)(4), is titles I and II of Pub. L. 99-64, July 12, 1985,

99 Stat. 120, which, among other amendments, enacted par. (3) of

subsec. (a) of this section. For complete classification of this

Act to the Code, see Short Title of 1985 Amendment note set out

under section 2401 of this Appendix and Tables.

Section 313 of the Budget and Accounting Act 1921, referred to in

subsec. (c)(2), is section 313 of act June 10, 1921, ch. 18, title

III, 42 Stat. 26, which was classified to section 54 of former

Title 31, and which was repealed by Pub. L. 97-258, Sec. 5(b),

Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first section

thereof as section 716 of Title 31, Money and Finance.

-MISC1-

PRIOR PROVISIONS

A prior section 2411, Pub. L. 91-184, Sec. 12, Dec. 30, 1969, 83

Stat. 846, relating to the effect on the Act of Feb. 15, 1936 (49

Stat. 1140) and section 414 of the Mutual Security Act of 1934 (22

U.S.C. 1934) provisions of the Export Administration Act of 1969,

expired on Sept. 30, 1979.

AMENDMENTS

1988 - Subsec. (a)(2)(B). Pub. L. 100-418 inserted at end "The

Customs Service may not detain for more than 20 days any shipment

of goods or technology eligible for export under a general license

under section 4(a)(3). In a case in which such detention is on

account of a disagreement between the Secretary and the head of any

other department or agency with export license authority under

other provisions of law concerning the export license requirements

for such goods or technology, such disagreement shall be resolved

within that 20-day period. At the end of that 20-day period, the

Customs Service shall either release the goods or technology, or

seize the goods or technology as authorized by other provisions of

law."

1986 - Subsec. (c)(3). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954".

1985 - Subsec. (a)(1). Pub. L. 99-64, Sec. 113(a), designated

existing provisions of subsec. (a) as par. (1), substituted "such

investigations within the United States, and the Commissioner of

Customs (and officers or employees of the United States Customs

Service specifically designated by the Commissioner) may make such

investigations outside of the United States, and the head of such

department or agency (and such officers or employees) may" for

"such investigations and", and "a district court of the United

States," for "the district court of the United States for any

district in which such person is found or resides or transacts

business, upon application, and", and inserted sentence providing

that in addition to the authority conferred by this paragraph, the

Secretary (and officers or employees of the Department of Commerce

designated by the Secretary) may conduct, outside the United

States, pre-license investigations and post-shipment verifications

of items licensed for export, and investigations in the enforcement

of section 8 of this Act.

Subsec. (a)(2) to (8). Pub. L. 99-64, Sec. 113(a)(5), added pars.

(2) to (8).

Subsec. (c)(3). Pub. L. 99-64, Sec. 113, substituted "Any

department or agency which obtains information which is relevant to

the enforcement of this Act, including information pertaining to

any investigation, shall furnish such information to each

department or agency" for "Departments or agencies which obtain

information which is relevant to the enforcement of this Act shall

furnish such information to the department or agency", and inserted

sentences providing that the Secretary and the Commissioner of

Customs, upon request, shall exchange any licensing and enforcement

information with each other which is necessary to facilitate

enforcement efforts and effective license decisions and that the

Secretary, the Attorney General, and the Commissioner of Customs

shall consult on a continuing basis with one another and with the

heads of other departments and agencies which obtain information

subject to this paragraph, in order to facilitate the exchange of

such information.

1981 - Subsec. (c)(2). Pub. L. 97-145, Sec. 5, substantially

reenacted existing provisions, inserted provisions that the

information may not be withheld from the General Accounting Office,

and that the information be made available to the Comptroller

General of the United States or to any officer or employee of the

General Accounting Office who is authorized to have access to such

information which is submitted on a confidential basis and from

which any individual can be identified, consistent with the

protection of intelligence, counterintelligence, and law

enforcement sources, methods, and activities, as determined by the

agency that originally obtained the information, and consistent

with section 54 of title 31, be made available only by that agency.

Subsec. (c)(3). Pub. L. 97-145, Sec. 3, added par. (3).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2403, 2404, 2405, 2412,

2413 of this Appendix; title 22 sections 2776, 2778, 2779a, 2780,

3281; title 42 section 6274.

-End-

-CITE-

50 USC APPENDIX Sec. 2411a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2411a. Omitted

-COD-

CODIFICATION

A prior section 2411a, Pub. L. 91-184, Sec. 13, as added Pub. L.

95-52, title I, Sec. 102, June 22, 1977, 91 Stat. 235, authorizing

appropriations to carry out purposes of provisions of Export

Administration Act of 1969, expired on Sept. 30, 1979.

-End-

-CITE-

50 USC APPENDIX Sec. 2412 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2412. Administrative procedure and judicial review

-STATUTE-

(a) Exemption

Except as provided in section 11(c)(2) [section 2410(c)(2) of

this Appendix] and subsection (c) of this section, the functions

exercised under this Act [sections 2401 to 2420 of this Appendix]

are excluded from the operation of sections 551, 553 through 559,

and 701 through 706 of title 5, United States Code.

(b) Public participation

It is the intent of the Congress that, to the extent practicable,

all regulations imposing controls on exports under this Act

[sections 2401 to 2420 of this Appendix] be issued in proposed form

with meaningful opportunity for public comment before taking

effect. In cases where a regulation imposing controls under this

Act [sections 2401 to 2420 of this Appendix] is issued with

immediate effect, it is the intent of the Congress that meaningful

opportunity for public comment also be provided and that the

regulation be reissued in final form after public comments have

been fully considered.

(c) Procedures relating to civil penalties and sanctions

(1) In any case in which a civil penalty or other civil sanction

(other than a temporary denial order or a penalty or sanction for a

violation of section 8 [section 2407 of this Appendix]) is sought

under section 11 of this Act [section 2410 of this Appendix], the

charged party is entitled to receive a formal complaint specifying

the charges and, at his or her request, to contest the charges in a

hearing before an administrative law judge. Subject to the

provisions of this subsection, any such hearing shall be conducted

in accordance with sections 556 and 557 of title 5, United States

Code. With the approval of the administrative law judge, the

Government may present evidence in camera in the presence of the

charged party or his or her representative. After the hearing, the

administrative law judge shall make findings of fact and

conclusions of law in a written decision, which shall be referred

to the Secretary. The Secretary shall, in a written order, affirm,

modify, or vacate the decision of the administrative law judge

within 30 days after receiving the decision. The order of the

Secretary shall be final and is not subject to judicial review,

except as provided in paragraph (3).

(2) The proceedings described in paragraph (1) shall be concluded

within a period of 1 year after the complaint is submitted, unless

the administrative law judge extends such period for good cause

shown.

(3) The order of the Secretary under paragraph (1) shall be

final, except that the charged party may, within 15 days after the

order is issued, appeal the order in the United States Court of

Appeals for the District of Columbia Circuit, which shall have

jurisdiction of the appeal. The court may, while the appeal is

pending, stay the order of the Secretary. The court may review only

those issues necessary to determine liability for the civil penalty

or other sanction involved. In an appeal filed under this

paragraph, the court shall set aside any finding of fact for which

the court finds there is not substantial evidence on the record and

any conclusion of law which the court finds to be arbitrary,

capricious, an abuse of discretion, or otherwise not in accordance

with law.

(4) An administrative law judge referred to in this subsection

shall be appointed by the Secretary from among those considered

qualified for selection and appointment under section 3105 of title

5, United States Code. Any person who, for at least 2 of the 10

years immediately preceding the date of the enactment of the Export

Administration Amendments Act of 1985 [July 12, 1985], has served

as a hearing commissioner of the Department of Commerce shall be

included among those considered as qualified for selection and

appointment to such position.

(d) Imposition of temporary denial orders

(1) In any case in which it is necessary, in the public interest,

to prevent an imminent violation of this Act [sections 2401 to 2420

of this Appendix] or any regulation, order, or license issued under

this Act [sections 2401 to 2420 of this Appendix], the Secretary

may, without a hearing, issue an order temporarily denying United

States export privileges (hereinafter in this subsection referred

to as a "temporary denial order") to a person. A temporary denial

order may be effective no longer than 180 days unless renewed in

writing by the Secretary for additional 180-day periods in order to

prevent such an imminent violation, except that a temporary denial

order may be renewed only after notice and an opportunity for a

hearing is provided.

(2) A temporary denial order shall define the imminent violation

and state why the temporary denial order was granted without a

hearing. The person or persons subject to the issuance or renewal

of a temporary denial order may file an appeal of the issuance or

renewal of the temporary denial order with an administrative law

judge who shall, within 10 working days after the appeal is filed,

recommend that the temporary denial order be affirmed, modified, or

vacated. Parties may submit briefs and other material to the judge.

The recommendation of the administrative law judge shall be

submitted to the Secretary who shall either accept, reject, or

modify the recommendation by written order within 5 working days

after receiving the recommendation. The written order of the

Secretary under the preceding sentence shall be final and is not

subject to judicial review, except as provided in paragraph (3).

The temporary denial order shall be affirmed only if it is

reasonable to believe that the order is required in the public

interest to prevent an imminent violation of this Act [sections

2401 to 2420 of this Appendix] or any regulation, order, or license

issued under this Act [sections 2401 to 2420 of this Appendix]. All

materials submitted to the administrative law judge and the

Secretary shall constitute the administrative record for purposes

of review by the courts.

(3) An order of the Secretary affirming, in whole or in part, the

issuance of a temporary denial order may, within 15 days after the

order is issued, be appealed by a person subject to the order to

the United States Court of Appeals for the District of Columbia

Circuit, which shall have jurisdiction of the appeal. The court may

review only those issues necessary to determine whether the

standard for issuing the temporary denial order has been met. The

court shall vacate the Secretary's order if the court finds that

the Secretary's order is arbitrary, capricious, an abuse of

discretion, or otherwise not in accordance with law.

(e) Appeals from license denials

A determination of the Secretary, under section 10(f) of this Act

[section 2409(f) of this Appendix], to deny a license may be

appealed by the applicant to an administrative law judge who shall

have the authority to conduct proceedings to determine only whether

the item sought to be exported is in fact on the control list. Such

proceedings shall be conducted within 90 days after the appeal is

filed. Any determination by an administrative law judge under this

subsection and all materials filed before such judge in the

proceedings shall be reviewed by the Secretary, who shall either

affirm or vacate the determination in a written decision within 30

days after receiving the determination. The Secretary's written

decision shall be final and is not subject to judicial review.

Subject to the limitations provided in section 12(c) of this Act

[section 2411(c) of this Appendix], the Secretary's decision shall

be published in the Federal Register.

-SOURCE-

(Pub. L. 96-72, Sec. 13, Sept. 29, 1979, 93 Stat. 531; Pub. L.

99-64, title I, Sec. 114, July 12, 1985, 99 Stat. 150; Pub. L.

100-418, title II, Sec. 2428, Aug. 23, 1988, 102 Stat. 1361.)

-MISC1-

PRIOR PROVISIONS

A prior section 2412, Pub. L. 91-184, Sec. 14, formerly Sec. 13,

Dec. 30, 1969, 83 Stat. 847; renumbered Sec. 14, Pub. L. 95-52,

title I, Sec. 102, June 22, 1977, 91 Stat. 235, which set forth the

effective date of the Export Administration Act of 1969 as the date

upon which the Export Control Act of 1949 expired, Dec. 31, 1969,

expired on Sept. 30, 1979.

AMENDMENTS

1988 - Subsec. (c)(1). Pub. L. 100-418, Sec. 2428(a)(1)(A),

inserted ", except as provided in paragraph (3)" before period at

end.

Subsec. (c)(3), (4). Pub. L. 100-418, Sec. 2428(a)(1)(B), (C),

added par. (3) and redesignated former par. (3) as (4).

Subsec. (d)(1). Pub. L. 100-418, Sec. 2428(b), substituted "180"

for "60" in two places in second sentence.

Subsec. (d)(2). Pub. L. 100-418, Sec. 2428(a)(2), inserted ",

except as provided in paragraph (3)" after "judicial review" before

period at end of fifth sentence and inserted sentence at end that

all materials submitted to the administrative law judge and the

Secretary constitute the administrative record for purposes of

review.

Subsec. (d)(3). Pub. L. 100-418, Sec. 2428(a)(2)(B), added par.

(3).

1985 - Pub. L. 99-64, Sec. 114(1), struck out "Exemption from

certain provisions relating to" in section catchline.

Subsec. (a). Pub. L. 99-64, Sec. 114(2), inserted "and subsection

(c) of this section".

Subsecs. (c) to (e). Pub. L. 99-64, Sec. 114(3), added subsecs.

(c) to (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2410, 2413 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2413 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2413. Annual report

-STATUTE-

(a) Contents

Not later than December 31 of each year, the Secretary shall

submit to the Congress a report on the administration of this Act

[sections 2401 to 2420 of this Appendix] during the preceding

fiscal year. All agencies shall cooperate fully with the Secretary

in providing information for such report. Such report shall include

detailed information with respect to -

(1) the implementation of the policies set forth in section 3

[section 2402 of this Appendix];

(2) general licensing activities under sections 5, 6, and 7

[sections 2404, 2405, and 2406 of this Appendix], and any changes

in the exercise of the authorities contained in sections 5(a),

6(a), and 7(a) [sections 2404(a), 2405(a), and 2406(a) of this

Appendix];

(3) the results of the review of United States policy toward

individual countries pursuant to section 5(b) [section 2404(b) of

this Appendix];

(4) the results, in as much detail as may be included

consistent with the national security and the need to maintain

the confidentiality of proprietary information, of the actions,

including reviews and revisions of export controls maintained for

national security purposes, required by section 5(c)(3) [section

2404(c)(3) of this Appendix];

(5) actions taken to carry out section 5(d) [section 2404(d) of

this Appendix];

(6) changes in categories of items under export control

referred to in section 5(e) [section 2404(e) of this Appendix];

(7) determinations of foreign availability made under section

5(f) [section 2404(f) of this Appendix], the criteria used to

make such determinations, the removal of any export controls

under such section, and any evidence demonstrating a need to

impose export controls for national security purposes

notwithstanding foreign availability;

(8) actions taken in compliance with section 5(f)(6) [section

2404(f)(6) of this Appendix];

(9) the operation of the indexing system under section 5(g)

[section 2404(g) of this Appendix];

(10) consultations with the technical advisory committees

established pursuant to section 5(h) [section 2404(h) of this

Appendix], the use made of the advice rendered by such

committees, and the contributions of such committees toward

implementing the policies set forth in this Act [sections 2401 to

2420 of this Appendix];

(11) the effectiveness of export controls imposed under section

6 [section 2405 of this Appendix] in furthering the foreign

policy of the United States;

(12) export controls and monitoring under section 7 [section

2406 of this Appendix];

(13) the information contained in the reports required by

section 7(b)(2) [section 2406(b)(2) of this Appendix], together

with an analysis of -

(A) the impact on the economy and world trade of shortages or

increased prices for commodities subject to monitoring under

this Act [sections 2401 to 2420 of this Appendix] or section

812 (!1) of the Agricultural Act of 1970 [7 U.S.C. 612c-3];

(B) the worldwide supply of such commodities; and

(C) actions being taken by other countries in response to

such shortages or increased prices;

(14) actions taken by the President and the Secretary to carry

out the antiboycott policies set forth in section 3(5) of this

Act [section 2402(5) of this Appendix];

(15) organizational and procedural changes undertaken in

furtherance of the policies set forth in this Act [sections 2401

to 2420 of this Appendix], including changes to increase the

efficiency of the export licensing process and to fulfill the

requirements of section 10 [section 2409 of this Appendix],

including an accounting of appeals received, court orders issued,

and actions taken pursuant thereto under subsection (j) of such

section;

(16) delegations of authority by the President as provided in

section 4(e) of this Act [section 2403(e) of this Appendix];

(17) efforts to keep the business sector of the Nation informed

with respect to policies and procedures adopted under this Act

[sections 2401 to 2420 of this Appendix];

(18) any reviews undertaken in furtherance of the policies of

this Act, including the results of the review required by section

12(d) [section 2411(d) of this Appendix], and any action taken,

on the basis of the review required by section 12(e) [section

2411(e) of this Appendix], to simplify regulations issued under

this Act [sections 2401 to 2420 of this Appendix];

(19) violations under section 11 [section 2410 of this

Appendix] and enforcement activities under section 12 [section

2411 of this Appendix]; and

(20) the issuance of regulations under the authority of this

Act [sections 2401 to 2420 of this Appendix], including an

explanation of each case in which regulations were not issued in

accordance with the first sentence of section 13(b) [section

2412(b) of this Appendix].

(b) Report on certain export controls

To the extent that the President determines that the policies set

forth in section 3 of this Act [section 2402 of this Appendix]

require the control of the export of goods and technology other

than those subject to multilateral controls, or require more

stringent controls than the multilateral controls, the President

shall include in each annual report the reasons for the need to

impose, or to continue to impose, such controls and the estimated

domestic economic impact on the various industries affected by such

controls.

(c) Report on negotiations

The President shall include in each annual report a detailed

report on the progress of the negotiations required by section 5(i)

[section 2404(i) of this Appendix], until such negotiations are

concluded.

(d) Report on exports to controlled countries

The Secretary shall include in each annual report a detailed

report which lists every license for exports to controlled

countries which was approved under this Act [sections 2401 to 2420

of this Appendix] during the preceding fiscal year. Such report

shall specify to whom the license was granted, the type of goods or

technology exported, and the country receiving the goods or

technology. The information required by this subsection shall be

subject to the provisions of section 12(c) of this Act [section

2411(c) of this Appendix].

(e) Report on domestic economic impact of exports to controlled

countries

The Secretary shall include in each annual report a detailed

description of the extent of injury to United States industry and

the extent of job displacement caused by United States exports of

goods and technology to controlled countries. The annual report

shall also include a full analysis of the consequences of exports

of turnkey plants and manufacturing facilities to controlled

countries which are used by such countries to produce goods for

export to the United States or to compete with United States

products in export markets.

(f) Annual report of the President

The President shall submit an annual report to the Congress

estimating the additional defense expenditures of the United States

arising from illegal technology transfers, focusing on estimated

defense costs arising from illegal technology transfers that

resulted in a serious adverse impact on the strategic balance of

forces. These estimates shall be based on assessment by the

intelligence community of any technology transfers that resulted in

such serious adverse impact. This report may have a classified

annex covering any information of a sensitive nature.

-SOURCE-

(Pub. L. 96-72, Sec. 14, Sept. 29, 1979, 93 Stat. 532; Pub. L.

99-64, title I, Sec. 115, July 12, 1985, 99 Stat. 152; Pub. L.

100-418, title II, Secs. 2418(c), 2445, Aug. 23, 1988, 102 Stat.

1357, 1369.)

-REFTEXT-

REFERENCES IN TEXT

Section 812 of the Agricultural Act of 1970, referred to in

subsec. (a)(13)(A), which was classified to section 612c-3 of Title

7, Agriculture, was repealed by Pub. L. 101-624, title XV, Sec.

1578, Nov. 28, 1990, 104 Stat. 3702.

-MISC1-

PRIOR PROVISIONS

A prior section 2413, Pub. L. 91-184, Sec. 15, formerly Sec. 14,

Dec. 30, 1969, 83 Stat. 847; Pub. L. 92-37, June 30, 1971, 85 Stat.

89; Pub. L. 92-150, Oct. 30, 1971, 85 Stat. 416; Pub. L. 92-284,

Apr. 29, 1972, 86 Stat. 133; Pub. L. 92-412, title I, Sec. 106,

Aug. 29, 1972, 86 Stat. 646; Pub. L. 93-327, June 30, 1974, 88

Stat. 287; Pub. L. 93-372, Aug. 14, 1974, 88 Stat. 444; Pub. L.

93-500, Sec. 13, Oct. 29, 1974, 88 Stat. 1557; renumbered Sec. 15

and amended Pub. L. 95-52, title I, Secs. 101, 102, June 22, 1977,

91 Stat. 235, providing for the termination of authority granted by

the Export Administration Act of 1969, expired on Sept. 30, 1979.

AMENDMENTS

1988 - Subsec. (a)(8). Pub. L. 100-418, Sec. 2418(c), substituted

"5(f)(6)" for "5(f)(5)".

Subsec. (f). Pub. L. 100-418, Sec. 2445, added subsec. (f).

1985 - Subsec. (a)(15). Pub. L. 99-64, Sec. 115(a), struck out

"an analysis of the time required to process license applications,

the number and disposition of export license applications taking

more than 30 days to process, and" after "requirements of section

10, including".

Subsecs. (d), (e). Pub. L. 99-64, Sec. 115(b), added subsecs. (d)

and (e).

-TRANS-

DELEGATION OF FUNCTIONS

Functions conferred upon President under this section delegated

to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45

F.R. 29783, set out under section 2403 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2410a of this Appendix.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX Sec. 2414 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2414. Administrative and regulatory authority

-STATUTE-

(a) Under Secretary of Commerce

The President shall appoint, by and with the advice and consent

of the Senate, an Under Secretary of Commerce for Export

Administration who shall carry out all functions of the Secretary

under this Act [sections 2401 to 2420 of this Appendix] and such

other statutes that relate to national security which were

delegated to the office of the Assistant Secretary of Commerce for

Trade Administration before the date of the enactment of the Export

Administration Amendments Act of 1985 [July 12, 1985], and such

other functions under this Act [sections 2401 to 2420 of this

Appendix] which were delegated to such office before such date of

enactment, as the Secretary may delegate. The President shall

appoint, by and with the advice and consent of the Senate, two

Assistant Secretaries of Commerce to assist the Under Secretary in

carrying out such functions.

(b) Issuance of regulations

The President and the Secretary may issue such regulations as are

necessary to carry out the provisions of this Act [sections 2401 to

2420 of this Appendix]. Any such regulations issued to carry out

the provisions of section 5(a), 6(a), 7(a), or 8(b) [section

2404(a), 2405(a), 2406(a), or 2407(b) of this Appendix] may apply

to the financing, transporting, or other servicing of exports and

the participation therein by any person. Any such regulations the

purpose of which is to carry out the provisions of section 5

[section 2404 of this Appendix], or of section 4(a) [section

2403(a) of this Appendix] for the purpose of administering the

provisions of section 5 [section 2404 of this Appendix], may be

issued only after the regulations are submitted for review to the

Secretary of Defense, the Secretary of State, such other

departments and agencies as the Secretary considers appropriate,

and the appropriate technical advisory committee. The preceding

sentence does not require the concurrence or approval of any

official, department, or agency to which such regulations are

submitted.

(c) Amendments to regulations

If the Secretary proposes to amend regulations issued under this

Act [sections 2401 to 2420 of this Appendix], the Secretary shall

report to the Committee on Banking, Housing, and Urban Affairs of

the Senate and the Committee on Foreign Affairs of the House of

Representatives on the intent and rationale of such amendments.

Such report shall evaluate the cost and burden to United States

exporters of the proposed amendments in relation to any enhancement

of licensing objectives. The Secretary shall consult with the

technical advisory committees authorized under section 5(h) of this

Act [section 2404(h) of this Appendix] in formulating or amending

regulations issued under this Act [sections 2401 to 2420 of this

Appendix]. The procedures defined by regulations in effect on

January 1, 1984, with respect to sections 4 and 5 of this Act

[sections 2403 and 2404 of this Appendix], shall remain in effect

unless the Secretary determines, on the basis of substantial and

reliable evidence, that specific change is necessary to enhance the

prevention of diversions of exports which would prove detrimental

to the national security of the United States or to reduce the

licensing and paperwork burden on exporters and their distributors.

-SOURCE-

(Pub. L. 96-72, Sec. 15, Sept. 29, 1979, 93 Stat. 533; Pub. L.

99-64, title I, Sec. 116(a), July 12, 1985, 99 Stat. 152; Pub. L.

100-418, title II, Secs. 2420(b), 2429, Aug. 23, 1988, 102 Stat.

1358, 1362.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-418, Sec. 2429, inserted "and

such other statutes that related to national security" after

"Secretary under this Act".

Subsec. (b). Pub. L. 100-418, Sec. 2420(b), substituted "such

other" for "and such other" and inserted ", and the appropriate

technical advisory committee" after "appropriate".

1985 - Pub. L. 99-64 substituted "Administrative and regulatory

authority" for "Regulatory authority" as section catchline, and

amended text generally. Prior to amendment, section read as

follows: "The President and the Secretary may issue such

regulations as are necessary to carry out the provisions of this

Act. Any such regulations issued to carry out the provisions of

section 5(a), 6(a), 7(a), or 8(b) may apply to the financing,

transporting, or other servicing of exports and the participation

therein by any person."

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1985 AMENDMENT

Subsec. (a) of this section effective Oct. 1, 1987, see section

116(d) of Pub. L. 99-64, set out as a note under section 5314 of

Title 5, Government Organization and Employees.

-TRANS-

DELEGATION OF FUNCTIONS

Functions conferred upon President under this section delegated

to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45

F.R. 29783, set out under section 2403 of this Appendix.

-MISC3-

SPENDING AUTHORITY UNDER 1985 AMENDMENT

Section 116(e) of Pub. L. 99-64 provided that: "Any new spending

authority (within the meaning of section 401 of the Congressional

Budget Act of 1974 [2 U.S.C. 651]) which is provided under this

section [amending this section and sections 5314 and 5315 of Title

5, Government Organization and Employees] shall be effective for

any fiscal year only to the extent or in such amounts as are

provided in appropriation Acts."

-End-

-CITE-

50 USC APPENDIX Sec. 2415 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2415. Definitions

-STATUTE-

As used in this Act [sections 2401 to 2420 of this Appendix] -

(1) the term "person" includes the singular and the plural and

any individual, partnership, corporation, or other form of

association, including any government or agency thereof;

(2) the term "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 determined under regulations of the President;

(3) the term "good" means any article, natural or manmade

substance, material, supply or manufactured product, including

inspection and test equipment, and excluding technical data;

(4) the term "technology" means the information and know-how

(whether in tangible form, such as models, prototypes, drawings,

sketches, diagrams, blueprints, or manuals, or in intangible

form, such as training or technical services) that can be used to

design, produce, manufacture, utilize, or reconstruct goods,

including computer software and technical data, but not the goods

themselves;

(5) the term "export" means -

(A) an actual shipment, transfer, or transmission of goods or

technology out of the United States;

(B) a transfer of goods or technology in the United States to

an embassy or affiliate of a controlled country; or

(C) a transfer to any person of goods or technology either

within the United States or outside of the United States with

the knowledge or intent that the goods or technology will be

shipped, transferred, or transmitted to an unauthorized

recipient;

(6) the term "controlled country" means a controlled country

under section 5(b)(1) of this Act [section 2404(b)(1) of this

Appendix];

(7) the term "United States" means the States of the United

States, the District of Columbia, and any commonwealth,

territory, dependency, or possession of the United States, and

includes the outer Continental Shelf, as defined in section 2(a)

of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)); and

(8) the term "Secretary" means the Secretary of Commerce.

-SOURCE-

(Pub. L. 96-72, Sec. 16, Sept. 29, 1979, 93 Stat. 533; Pub. L.

99-64, title I, Sec. 117, July 12, 1985, 99 Stat. 153.)

-MISC1-

AMENDMENTS

1985 - Par. (3). Pub. L. 99-64, Sec. 117(1), inserted "natural or

manmade substance,".

Par. (4). Pub. L. 99-64, Sec. 117(2), amended par. (4) generally,

substituting "the term 'technology' means the information and

know-how (whether in tangible form, such as models, prototypes,

drawings, sketches, diagrams, blueprints, or manuals, or in

intangible form, such as training or technical services) that can

be used to design, produce, manufacture, utilize, or reconstruct

goods, including computer software and technical data, but not the

goods themselves;" for "the information and knowhow that can be

used to design, produce, manufacture, utilize, or reconstruct

goods, including computer software and technical data, but not the

goods themselves; and".

Pars. (5) to (8). Pub. L. 99-64, Sec. 117(3), (4), added pars.

(5) to (7) and redesignated former par. (5) as (8).

-TRANS-

DELEGATION OF FUNCTIONS

Functions conferred upon President under this section delegated

to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45

F.R. 29783, set out under section 2403 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 sections 2679c, 2797c.

-End-

-CITE-

50 USC APPENDIX Sec. 2416 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2416. Effect on other Acts

-STATUTE-

(a) In general

Except as otherwise provided in this Act [sections 2401 to 2420

of this Appendix], nothing contained in this Act [sections 2401 to

2420 of this Appendix] shall be construed to modify, repeal,

supersede, or otherwise affect the provisions of any other laws

authorizing control over exports of any commodity.

(b) Coordination of controls

The authority granted to the President under this Act [sections

2401 to 2420 of this Appendix] shall be exercised in such manner as

to achieve effective coordination with the authority exercised

under section 38 of the Arms Export Control Act (22 U.S.C. 2778).

(c) Civil aircraft equipment

Notwithstanding any other provision of law, any product (1) which

is standard equipment, certified by the Federal Aviation

Administration, in civil aircraft and is an integral part of such

aircraft, and (2) which is to be exported to a country other than a

controlled country, shall be subject to export controls exclusively

under this Act [sections 2401 to 2420 of this Appendix]. Any such

product shall not be subject to controls under section 38(b)(2) of

the Arms Export Control Act [22 U.S.C. 2778(b)(2)].

(d) Nonproliferation controls

(1) Nothing in section 5 or 6 of this Act [section 2404 or 2405

of this Appendix] shall be construed to supersede the procedures

published by the President pursuant to section 309(c) of the

Nuclear Non-Proliferation Act of 1978 [42 U.S.C. 2139a(c)].

(2) With respect to any export license application which, under

the procedures published by the President pursuant to section

309(c) of the Nuclear Non-Proliferation Act of 1978 [42 U.S.C.

2139a(c)], is referred to the Subgroup on Nuclear Export

Coordination or other interagency group, the provisions of section

10 of this Act [section 2409 of this Appendix] shall apply with

respect to such license application only to the extent that they

are consistent with such published procedures, except that if the

processing of any such application under such procedures is not

completed within 180 days after the receipt of the application by

the Secretary, the applicant shall have the rights of appeal and

court action provided in section 10(j) of this Act [section 2409(j)

of this Appendix].

(e) Termination of other authority

On October 1, 1979, the Mutual Defense Assistance Control Act of

1951 (22 U.S.C. 1611-1613d), is superseded.

(f) Agricultural Act of 1970

Nothing in this Act [sections 2401 to 2420 of this Appendix]

shall affect the provisions of the last sentence of section 812

(!1) of the Agricultural Act of 1970 (7 U.S.C. 612c-3).

-SOURCE-

(Pub. L. 96-72, Sec. 17, Sept. 29, 1979, 93 Stat. 534; Pub. L.

99-64, title I, Sec. 118, July 12, 1985, 99 Stat. 154.)

-REFTEXT-

REFERENCES IN TEXT

The Mutual Defense Assistance Control Act of 1951, referred to in

subsec. (e), is act Oct. 26, 1951, ch. 575, 65 Stat. 644, as

amended, which was classified generally to chapter 20A (Sec. 1611

et seq.) of Title 22, Foreign Relations and Intercourse, prior to

its supersedure by subsec. (e) of this section. For complete

classification of this Act to the Code, see Tables.

Section 812 of the Agricultural Act of 1970, referred to in

subsec. (f), which was classified to section 612c-3 of Title 7,

Agriculture, was repealed by Pub. L. 101-624, title XV, Sec. 1578,

Nov. 28, 1990, 104 Stat. 3702.

-MISC1-

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-64, Sec. 118(a)(1), substituted

"Except as otherwise provided in this Act, nothing" for "Nothing".

Subsec. (c). Pub. L. 99-64, Sec. 118(a)(2), struck out sentence

which provided that for purposes of this subsection "controlled

country" means any country described in section 620(f) of the

Foreign Assistance Act of 1961.

Subsec. (f). Pub. L. 99-64, Sec. 118(b), added subsec. (f).

-TRANS-

DELEGATION OF FUNCTIONS

Functions conferred upon President under sections 2401 to 2420 of

this Appendix delegated to Secretary of Commerce, with certain

exceptions, by Ex. Ord. No. 12214, May 2, 1980, 45 F.R. 29783, set

out under section 2403 of this Appendix.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX Sec. 2417 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2417. Authorization of appropriations

-STATUTE-

(a) Requirement of authorizing legislation

(1) Notwithstanding any other provision of law, money

appropriated to the Department of Commerce for expenses to carry

out the purposes of this Act [sections 2401 to 2420 of this

Appendix] may be obligated or expended only if -

(A) the appropriation thereof has been previously authorized by

law enacted on or after the date of the enactment of the Export

Administration Amendments Act of 1985 [July 12, 1985]; or

(B) the amount of all such obligations and expenditures does

not exceed an amount previously prescribed by law enacted on or

after such date.

(2) To the extent that legislation enacted after the making of an

appropriation to carry out the purposes of this Act [sections 2401

to 2420 of this Appendix] authorizes the obligation or expenditure

thereof, the limitation contained in paragraph (1) shall have no

effect.

(3) The provisions of this subsection shall not be superseded

except by a provision of law enacted after the date of the

enactment of the Export Administration Amendments Act of 1985 [July

12, 1985] which specifically repeals, modifies, or supersedes the

provisions of this subsection.

(b) Authorization

There are authorized to be appropriated to the Department of

Commerce to carry out the purposes of this Act [sections 2401 to

2420 of this Appendix] -

(1) $42,813,000 for the fiscal year 1993;

(2) such sums as may be necessary for the fiscal year 1994; and

(3) such additional amounts, for each such fiscal year, as may

be necessary for increases in salary, pay, retirement, other

employee benefits authorized by law, and other nondiscretionary

costs.

-SOURCE-

(Pub. L. 96-72, Sec. 18, Sept. 29, 1979, 93 Stat. 534; Pub. L.

97-145, Sec. 2(a), Dec. 29, 1981, 95 Stat. 1727; Pub. L. 99-64,

title I, Sec. 119, July 12, 1985, 99 Stat. 154; Pub. L. 99-633,

Sec. 1, Nov. 7, 1986, 100 Stat. 3522; Pub. L. 100-418, title II,

Sec. 2430, Aug. 23, 1988, 102 Stat. 1362; Pub. L. 103-10, Sec. 1,

Mar. 27, 1993, 107 Stat. 40.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b)(1) to (3). Pub. L. 103-10 added pars. (1) to

(3) and struck out former pars. (1) to (3) which read as follows:

"(1) $35,935,000 for the fiscal year 1988, of which $12,746,000

shall be available only for enforcement, $2,000,000 shall be

available only for foreign availability assessments under

subsections (f) and (h)(6) of section 5, and $21,189,000 shall be

available for all other activities under this Act;

"(2) $46,913,000 for the fiscal year 1989, of which $15,000,000

shall be available only for enforcement, $5,000,000 shall be

available only for foreign availability assessments under

subsections (f) and (h)(6) of section 5, $4,000,000 shall be

available only for regional export control assistance centers, and

$22,913,000 shall be available for all other activities under this

Act; and

"(3) such additional amounts for each of the fiscal years 1988

and 1989 as may be necessary for increases in salary, pay,

retirement, other employee benefits authorized by law, and other

nondiscretionary costs."

1988 - Subsec. (b)(1). Pub. L. 100-418, Sec. 2430(1), substituted

"the fiscal year 1988" for "each of the fiscal years 1987 and 1988"

and struck out "for each such year" after "available" in three

places and "and" after semicolon at end.

Subsec. (b)(2), (3). Pub. L. 100-418, Sec. 2430(2), added pars.

(2) and (3) and struck out former par. (2) which read as follows:

"such additional amounts for each of the fiscal years 1987 and 1988

as may be necessary for increases in salary, pay, retirement, other

employee benefits authorized by law, and other nondiscretionary

costs."

1986 - Subsec. (b). Pub. L. 99-633 amended subsec. (b) generally.

Prior to amendment, subsec. (b) read as follows: "There are

authorized to be appropriated to the Department of Commerce to

carry out the purposes of this Act -

"(1) $24,600,000 for the fiscal year 1985, of which $8,712,000

shall be available only for enforcement, $1,851,000 shall be

available only for foreign availability assessments under

subsections (f) and (h)(6) of section 5 of this Act, and

$14,037,000 shall be available for all other activities under

this Act;

"(2) $29,382,000 for the fiscal year 1986, of which $9,243,000

shall be available only for enforcement, $2,000,000 shall be

available only for foreign availability assessments under

subsections (f) and (h)(6) of section 5 of this Act, and

$18,139,000 shall be available for all other activities under

this Act; and

"(3) such additional amounts for each of the fiscal years 1985

and 1986 as may be necessary for increases in salary, pay,

retirement, other employee benefits authorized by law, and other

nondiscretionary costs."

1985 - Subsec. (a). Pub. L. 99-64, Sec. 119, amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

"Notwithstanding any other provision of law, no appropriation shall

be made under any law to the Department of Commerce for expenses to

carry out the purposes of this Act unless previously and specifically authorized by law."

Subsec. (b). Pub. L. 99-64, Sec. 119, amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "There

are authorized to be appropriated to the Department of Commerce to

carry out the purposes of this Act -

"(1) $9,659,000 for each of the fiscal years 1982 and 1983; and

"(2) such additional amounts, for each such fiscal year, as may

be necessary for increases in salary, pay, retirement, other

employee benefits authorized by law, and other nondiscretionary

costs."

1981 - Subsec. (b)(1). Pub. L. 97-145 substituted authorization

of appropriation of $9,659,000 for each of the fiscal years 1982

and 1983 for authorization of appropriation of $8,000,000 for each

of the fiscal years 1980 and 1981, of which $1,250,000 were to be

available for each such fiscal year only for purpose of carrying

out foreign availability assessments pursuant to section 2404(f)(5)

of this Appendix.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 2(b) of Pub. L. 97-145 provided that: "The amendment made

by subsection (a) [amending this section] shall be effective as of

October 1, 1981."

-End-

-CITE-

50 USC APPENDIX Sec. 2418 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2418. Effective date

-STATUTE-

This Act [sections 2401 to 2420 of this Appendix] shall take

effect upon the expiration of the Export Administration Act of 1969

[former sections 2401 to 2413 of this Appendix].

-SOURCE-

(Pub. L. 96-72, Sec. 19(a), Sept. 29, 1979, 93 Stat. 535.)

-REFTEXT-

REFERENCES IN TEXT

The Export Administration Act of 1969, referred to in text, is

Pub. L. 91-184, Dec. 30, 1969, 83 Stat. 841, as amended, which was

classified generally to sections 2401 to 2413 of this Appendix, and

terminated on Sept. 30, 1979, pursuant to the terms of that Act.

For complete classification of this Act to the Code, see Tables.

-End-

-CITE-

50 USC APPENDIX Sec. 2419 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2419. Termination date

-STATUTE-

The authority granted by this Act [sections 2401 to 2420 of this

Appendix] terminates on August 20, 2001.

-SOURCE-

(Pub. L. 96-72, Sec. 20, Sept. 29, 1979, 93 Stat. 535; Pub. L.

98-108, Sec. 1, Oct. 1, 1983, 97 Stat. 744; Pub. L. 98-207, Dec. 5,

1983, 97 Stat. 1391; Pub. L. 98-222, Feb. 29, 1984, 98 Stat. 36;

Pub. L. 99-64, title I, Sec. 120, July 12, 1985, 99 Stat. 155; Pub.

L. 100-418, title II, Sec. 2431, Aug. 23, 1988, 102 Stat. 1362;

Pub. L. 103-10, Sec. 2, Mar. 27, 1993, 107 Stat. 40; Pub. L.

103-277, July 5, 1994, 108 Stat. 1407; Pub. L. 106-508, Nov. 13,

2000, 114 Stat. 2360.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-508 substituted "August 20, 2001" for "August

20, 1994".

1994 - Pub. L. 103-277 substituted "August 20, 1994" for "June

30, 1994".

1993 - Pub. L. 103-10 substituted "June 30, 1994" for "September

30, 1990".

1988 - Pub. L. 100-418 substituted "1990" for "1989".

1985 - Pub. L. 99-64 amended section generally, substituting

"September 30, 1989" for "March 30, 1984, or upon any prior date

which the President by proclamation may designate."

1984 - Pub. L. 98-222 substituted "March 30" for "February 29".

1983 - Pub. L. 98-207 substituted "February 29, 1984" for

"October 14, 1983".

Pub. L. 98-108 substituted "October 14, 1983" for "September 30,

1983".

-TRANS-

DELEGATION OF FUNCTIONS

Functions conferred upon President under sections 2401 to 2420 of

this Appendix delegated to Secretary of Commerce with certain

exceptions, among them functions conferred upon President under

this section, which were reserved to President, see Ex. Ord. No.

12214, May 2, 1980, 45 F.R. 29783, set out under section 2403 of

this Appendix.

-EXEC-

CONTINUATION OF EXPORT CONTROL REGULATIONS

Provisions relating to continued effectiveness of the Export

Administration Act of 1979, 50 App. U.S.C. 2401 et seq., and to

issuance and continued effectiveness of rules, regulations, orders,

licenses, and other forms of administrative action and delegations

of authority relating to administration of that Act, were contained

in the following:

Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025, set out as a

note under section 1701 of Title 50, War and National Defense.

Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397, set out as a

note under section 1701 of Title 50.

Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, formerly set

out as a note under section 1701 of Title 50, prior to revocation

by Ex. Ord. No. 13206, Sec. 1, Apr. 4, 2001, 66 F.R. 18397.

Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, formerly set

out as a note under section 1701 of Title 50, prior to revocation

by Ex. Ord. No. 12924, Sec. 4, Aug. 19, 1994, 59 F.R. 43438.

Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747, set out as a

note under section 1701 of Title 50.

Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, formerly set

out as a note under section 1701 of Title 50, prior to revocation

by Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747.

Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, set out as a

note under section 1701 of Title 50.

Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, formerly set

out as a note under section 1701 of Title 50, prior to revocation

by Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757.

Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, set out as a

note under section 1701 of Title 50.

Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, formerly set

out as a note under section 1701 of Title 50, prior to revocation

by Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.

-End-

-CITE-

50 USC APPENDIX Sec. 2420 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

EXPORT REGULATION

-HEAD-

Sec. 2420. Savings provisions

-STATUTE-

(a) In general

All delegations, rules, regulations, orders, determinations,

licenses, or other forms of administrative action which have been

made, issued, conducted, or allowed to become effective under the

Export Control Act of 1949 [former sections 2021 to 2032 of this

Appendix] or the Export Administration Act of 1969 [former sections

2401 to 2413 of this Appendix] and which are in effect at the time

this Act takes effect [September 30, 1979] shall continue in effect

according to their terms until modified, superseded, set aside, or

revoked under this Act [sections 2401 to 2420 of this Appendix].

(b) Administrative proceedings

This Act [sections 2401 to 2420 of this Appendix] shall not apply

to any administrative proceedings commenced or any application for

a license made, under the Export Administration Act of 1969 [former

sections 2401 to 2413 of this Appendix], which is pending at the

time this Act takes effect [September 30, 1979].

-SOURCE-

(Pub. L. 96-72, Sec. 21, Sept. 29, 1979, 93 Stat. 535.)

-REFTEXT-

REFERENCES IN TEXT

The Export Control Act of 1949, referred to in subsec. (a), is

act Feb. 26, 1949, ch. 11, 63 Stat. 7, as amended, which was

classified to sections 2021 to 2032 of this Appendix, and

terminated on Dec. 31, 1969, pursuant to the terms of that Act. For

complete classification of this Act to the Code, see Tables.

The Export Administration Act of 1969, referred to in text, is

Pub. L. 91-184, Dec. 30, 1969, 83 Stat. 841, as amended, which was

classified generally to sections 2401 to 2413 of this Appendix, and

terminated on Sept. 30, 1979, pursuant to the terms of that Act.

For complete classification of this Act to the Code, see Tables.

-End-