II

103D CONGRESS

2D SESSION S. 1838

To liberalize controls on the export of telecommunications equipment and

technology in order to promote democracy and free communication and

enhance economic competitiveness.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 9 (legislative day, JANUARY 25), 1994

Mr. SHELBY introduced the following bill; which was read twice and referred

to the Committee on Banking, Housing, and Urban Affairs

A BILL

To liberalize controls on the export of telecommunications

equipment and technology in order to promote democracy

and free communication and enhance economic competitiveness.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS.

4 (a) The Congress makes the following findings:

5 (1) The free exchange of ideas and information

6 through modern, reliable telecommunications equip7 ment fosters the development of democratic institu8 tions, the promotion of free market economic re-
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1 forms, and the facilitation of international com2 merce.

3 (2) Exports of advanced telecommunications

4 equipment and technology contribute to the United

5 States economic competitiveness and high-skill, high6 wage jobs in the United States.

7 (3) Export restrictions on telecommunications

8 equipment and technology are outdated, controlling

9 the export of equipment and technology that is more

10 than 10 years old and has over 15 times less capac11 ity than similar equipment and technology in use

12 today in the United States.

13 (4) Foreign availability of telecommunications

14 equipment and technology exists both from countries

15 that do not belong to or cooperate with the Coordi16 nating Committee for Multilateral Export Controls,

17 and from within countries to which exports of such

18 equipment and technology are controlled by agree19 ment of the Coordinating Committee.

20 SEC. 2. EXPORT CONTROLS ON TELECOMMUNICATIONS.

21 (a) IN GENERAL.—Section 5(c) of the Export Admin22 istration Act of 1979 (50 U.S.C. App. 2404(c)) is amend23 ed by adding at the end the following:

24 ‘‘(8)(A) The Secretary shall, not later than 30

25 days after the date of the enactment of this para-
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1 graph, propose to COCOM or to its successor export

2 control regime, and to any other export control re3 gime which maintains controls on telecommuni4 cations equipment and technology, that exports of

5 telecommunications equipment and telecommuni6 cations technology for civil and uses shall not re7 quire a validated license or reexport authorization

8 for export or reexport to any of the republics of the

9 former Soviet Union, the People’s Republic of China,

10 Poland, the Czech Republic, Slovakia, Bulgaria, Ro11 mania, Albania, Estonia, Lithuania, or Latvia.

12 ‘‘(B) For the purposes of this paragraph—

13 ‘‘(i) the term ‘telecommunications equip14 ment’ includes—

15 ‘‘(I) telephone switching systems and

16 stored program controlled communications

17 switching systems, including related fea18 tures and components that provide services

19 and management of telecommunications

20 networks;

21 ‘‘(II) telecommunications transmission

22 equipment;

23 ‘‘(III) microwave, light wave, and

24 other radio relay, transmitting, or test
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1 equipment, and related components and

2 accessories;

3 ‘‘(IV) telecommunications cables and

4 components, including optical fibers and

5 optical fiber cables;

6 ‘‘(V) equipment containing frequency

7 synthesizers when used in land-based mo8 bile communications systems;

9 ‘‘(VI) equipment described in any of

10 clauses (I) through (V), or any other tele11 communications equipment, that contains

12 lasers;

13 ‘‘(VII) computer hardware and appli14 cation specific software which are related

15 to any of the items described in clauses (I)

16 through (V) and are required for data

17 communications;

18 ‘‘(VIII) all spare parts, components,

19 and measuring or test equipment related to

20 any of the items described in clauses (I)

21 through (VII); and

22 ‘‘(IX) any other equipment controlled

23 by Parts I or II of Category 5 of the Com24 merce Control List as of July 1, 1993;
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1 ‘‘(ii) the term ‘telecommunications tech2 nology’ means technology related to tele3 communications equipment, including tech4 nology for the production, development, and use

5 of telecommunications equipment;

6 ‘‘(iii) the term ‘telecommunications net7 works’ includes local area, intracity, intercity,

8 and international telecommunications networks;

9 and

10 ‘‘(iv) the term ‘telecommunications’ means

11 voice, video, and data communications over any

12 public or private network or broadcasting sys13 tem, and services related to such communica14 tions.

15 ‘‘(b) REPORT.—Not later than 60 days after the date

16 of the enactment of this Act, the President shall submit

17 to the Speaker of the House of Representatives and the

18 Committee on Banking, Housing, and Urban Affairs of

19 the Senate a report certifying that the proposal required

20 by section 5(c)(8) of the Export Administration Act of

21 1979 (as added by subsection (a) of this section) has been

22 made to the members of the Coordinating Committee or

23 to its successor export control regime, and to any other

24 export control regime which maintains controls on tele25 communications equipment and technology, and outlining
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1 the plans to gain the concurrence of the other members

2 of the Committee or the appropriate regime in the pro3 posal.’’.

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