than 180 calendar days is necessary, para-
graphs (1) through (3) shall apply to such fur-
ther extension.
‘‘(d) EFFECT ON OTHER AUTHORITY.—
‘‘(1) EMBARGO
AUTHORITY.—Nothing in this
section shall be construed to limit the authority of
the President to impose an embargo on all exports
to, and imports from, a specific country (except for
exports of goods described in subparagraphs (A) and
(B) of section 7(b)(6)) under the International
Emergency Economic Powers Act, the Trading With
the Enemy Act, or other provision of law. In any
case in which the President exercises any such au-
thority to impose an embargo, the requirements of
this section shall not apply for so long as such em-
bargo is in effect.
(2) EFFECT
ON
EXISTING
EMBARGOES.—(A)
Nothing in this section affects the authorities con-
ferred upon the President by section 5(b) of the
Trading With the Enemy Act, which were being ex-
ercised with respect to a country on July 1, 1977,
as a result of a national emergency declared by the
President before that date, and are being exercised
on the date of the enactment of this Act.
(B) Nothing in this section affects the authori-
ties conferred upon the President by the Inter-
national Emergency Economic Powers Act or other
provision of law, which were being exercised with re-
spect to a country before the date of the enactment
of this Act as a result of a national emergency de-
clared by the President before that date, and are
being exercised with respect to such country on such
date of enactment.
SEC. 6. EXPORT CONTROL AUTHORITIES.
(a) EXPORT
CONTROL
AUTHORITY
AND
FUNC-
TIONS.—
(1) IN GENERAL.—Unless otherwise reserved to
the President or a department or agency outside the
Department of Commerce, all power, authority, and
discretion conferred by this Act shall be exercised by
the Secretary. The Secretary is responsible for all
export control functions required by this Act, subject
to subsection (d) of this section.
(2) DELEGATION.—The Secretary may delegate
any export control function under this Act to the Di-
rector of the Commercial Export Control Adminis-
tration appointed under subsection (c), or to any
other officer of the Department of Commerce.
(3) TRANSFER
OF
LICENSING
AND
REGU-
LATORY FUNCTIONS.—In addition to the authorities
and responsibilities otherwise provided for in this
Act, there are hereby transferred to the Secretary
the following functions.
(A) TRANSFERS FROM THE DEPARTMENT
OF TREASURY.—There are hereby transferred
to the Secretary all export control and licensing
authorities and functions with respect to com-
mercial goods and technology, and related serv-
ices, exercised by the Office of Foreign Assets
Control of the Department of the Treasury, be-
fore the effective date of this Act, under—
(i) the International Emergency Eco-
nomic Powers Act;
(ii) the Trading With the Enemy Act;
(iii) section 504 of the International
Security Development and Cooperation Act
of 1985 (22 U.S.C. 2349aa–8);
(iv) the United Nations Participation
Act;
(v) the Comprehensive Anti-Apartheid
Act of 1986; and
(vi) any other provision of law which
authorizes the imposition by the United
States of embargoes or economic sanctions
against foreign countries.
(B) TRANSFERS FROM THE NUCLEAR REG-
ULATORY
COMMISSION.—There 
are 
hereby
transferred to the Secretary all export control
and licensing authorities and functions to the
extent such functions apply to commercial
goods and technology of the Nuclear Regulatory
Commission under—
(i) the Atomic Energy Act of 1954;
(ii) the Nuclear Non-Proliferation Act
of 1978; and
(iii) the Energy Reorganization Act of
1974.
(C) TRANSFERS FROM THE SECRETARY OF
ENERGY.—There are hereby transferred to the
Secretary all authorities and functions which
are exercised by the Secretary of Energy, before
the effective date of this Act, under—
(i) section 131 of the Atomic Energy
Act of 1954, relating to the entry into sub-
sequent arrangements; and
(ii) section 402(a) of the Nuclear
Non-Proliferation Act of 1978, relating to
approval of enrichment after export of
source material or special nuclear material.
(D) MISCELLANEOUS TRANSFERS.—There
are hereby transferred to the Secretary such ex-
port licensing and related regulatory functions
and authorities not specifically or otherwise
vested or delegated by statute, as the Secretary,
in consultation with the Director of the Office
of Management and Budget, determines to be
appropriate.
(E) INCIDENTAL TRANSFERS.—The Direc-
tor of the Office of Management and Budget, in
consultation with the Secretary, shall make
such determinations as may be necessary with
regard to the transfer of functions under this
Act, to make such additional incidental disposi-
tions of assets, liabilities, contracts, property,
records, and unexpended balances of appropria-
tions, authorizations, allocations, and other
funds held, used, arising from, available to, or
to be made available in connection with the
functions transferred by this Act, as the Direc-
tor considers necessary to carry out this Act.
(F) EMPLOYEE TRANSFER PROVISIONS.—
The Secretary, in consultation with the head of
any affected department or agency and the Di-
rector of the Office of Management and Budg-
et, is authorized to transfer to the Department
of Commerce, or from the Department of Com-
merce to another department or agency, any
Federal employees employed to carry out the li-
censing and regulatory functions required by
this Act. The Secretary is authorized to exer-
cise, with respect to such transferred Federal
employees, all authority available to the head of
the agency from which such Federal employees
are transferred. Such authority shall include,
but not be limited to, the authority to prescribe
regulations incident to the exercise of such au-
thority.
(4) PRESIDENTIAL
DELEGATION
OF
AUTHOR-
ITY.—With respect to those powers, authorities, or
discretion reserved to the President by this Act, the
President may not delegate or transfer such power,
authority, or discretion to any official of any depart-
ment or agency the head of which is not appointed
by the President by and with the advice and consent
of the Senate.
(5) EXCLUSIVE
JURISDICTION
OF
THE
SEC-
RETARY
OF
ENERGY.—The Secretary of Energy
shall have exclusive jurisdiction with respect to the
authorization under the first sentence of section 57b.
of the Atomic Energy Act of 1954, of all activities
constituting the direct or indirect engagement in the
production of special nuclear material outside the
United States. Nothing in this Act shall be con-
strued to give the Secretary dual or concurrent juris-
diction with the Secretary of Energy with respect to
such activities, including the export or reexport of
technology related to nuclear fuel cycle facilities or
activities, or to expand the jurisdiction that the Sec-
retary of Energy exercised under 57b. of the Atomic
Energy Act of 1954 before the effective date of this
Act.
(b) COMMERCIAL EXPORT CONTROL POLICY COM-
MITTEE.—
(1) ESTABLISHMENT.—There is established a
Commercial Export Control Policy Committee.
(2) FUNCTIONS.—The Committee shall—
(A) provide policy guidance and advice to
the Secretary on commercial export control is-
sues;
(B) review policy recommendations pro-
posed by the Secretary and other members of
the Committee; and
(C) receive policy recommendations from
other agencies and resolve any policy disputes
among departments and agencies under this
Act.
(3) MEMBERSHIP.—The Committee shall be
comprised of —
(A) the Secretary;
(B) the Secretary of Defense;
(C) the Secretary of Energy;
(D) the Secretary of State;
(E) the National Security Adviser;
(F) the National Economic Adviser; and
(G) the Director of the Commercial Export
Control Administration.
(4) CHAIR.—The Committee shall be jointly
chaired by the National Economic Adviser and the
National Security Adviser.
(5) DELEGATION; OTHER REPRESENTATIVES.—
A member of the Committee under paragraph (3)
may designate the deputy head of his or her depart-
ment or agency to serve in his or her absence as a
member of the Committee, but this authority may
not be delegated to any other individual. The Chairs
may also invite the temporary participation in the
Committee’s meetings of representatives from other
offices and agencies as appropriate to the issues
under consideration.
(6) MEETINGS.—The Secretary or either Chair
of the Committee may call a meeting of the Commit-
tee. Meetings shall not be subject to section 552b of
title 5, United States Code.
(c) THE COMMERCIAL EXPORT CONTROL ADMINIS-
TRATION.—
(1) ESTABLISHMENT.—There is established in
the Department of Commerce the Commercial Ex-
port Control Administration. CECA shall be the
agency responsible for the implementation of export
controls imposed under this Act.
(2) PRINCIPAL OFFICERS.—
(A) DIRECTOR.—There shall be at the
head of CECA a Director, who shall be ap-
pointed by the President, by and with the ad-
vice and consent of the Senate. The Director,
under the supervision and direction of the Sec-
retary, shall perform such administrative and
executive functions as the Secretary shall dele-
gate, including—
(i) the formulation of United States
export control and technology transfer poli-
cies with respect to commercial goods and
technology;
(ii) the implementation of export con-
trol policies through the administration of
licenses for exports and reexports of com-
mercial goods and technology, and the en-
forcement of export controls, to the extent
provided in this Act;
(iii) the establishment of the control
index, and the development of proposals
for revisions of export control lists of ex-
port control regimes;
(iv) the conduct of bilateral and multi-
lateral negotiations relating to export con-
trols of export control regimes and emer-
gency controls under section 5;
(v) the distribution of duties among
the personnel, administrative units, and of-
fices of CECA; and
(vi) such other matters as the Sec-
retary may specify.
(B) DEPUTY
DIRECTOR.—The Director
shall be assisted by a Deputy Director, who
shall be appointed by the President, by and
with the advice and consent of the Senate. The
Deputy Director shall supervise and coordinate
the operations of CECA.
(C) ASSISTANT
DIRECTOR
FOR
EXPORT
CONTROL.—The Assistant Director for Export
Control of CECA shall assist the Director and
shall carry out CECA’s responsibilities with re-
spect to—
(i) processing export license applica-
tions;
(ii) emergency control policies;
(iii) the review and revision of the
control index;
(iv) foreign availability determinations
under section 3(g);
(v) requests by exporters for the clas-
sification of commodities on the control
index;
(vi) coordinating the activities of the
industry advisory committees appointed
under subsection (d);
(vii) export control functions and re-
sponsibilities transferred under subsection
(a)(3); and
(viii) such other matters as the Direc-
tor may specify.
(D) ASSISTANT
DIRECTOR
FOR
NON-
PROLIFERATION.—The Assistant Director for
Nonproliferation of CECA shall carry out
CECA’s responsibilities with respect to policy
development on—
(i) export and reexport controls under
the MTCR;
(ii) chemical and biological weapons
export and reexport controls imposed pur-
suant to the agreement of the Australia
Group;
(iii) export and reexport controls on
goods and technology imposed pursuant to
section 309(c) of the Nuclear Non-Pro-
liferation Act of 1978, and proliferation is-
sues of the Nuclear Suppliers Group;
(iv) the designation of controlled
countries and controlled endusers for pur-
poses of restricting the capabilities de-
scribed in section 4(a)(1)(B); and
(v) such other matters as the Director
may specify.
(E) ASSISTANT DIRECTOR FOR SECURITY
AND
INTELLIGENCE.—The Assistant Director
for Security and Intelligence of CECA shall
carry out CECA’s responsibilities with respect
to—
(i) coordination and liaison with the
Department of Defense, the Armed Forces
of the United States, and the intelligence
community;
(ii) development and maintenance of
information on enduser reliability, includ-
ing conducting outside the United States
prelicense investigations and post-shipment
verifications of items licensed for export;
and
(iii) such other matters as the Direc-
tor may specify.
(F) ASSISTANT DIRECTOR FOR ENFORCE-
MENT AND COMPLIANCE.—The Assistant Direc-
tor for Enforcement and Compliance of CECA
shall carry out CECA’s responsibilities with re-
spect to—
(i) the enforcement and compliance
duties of CECA, as provided in subsection
(e); and
(ii) coordination with the Commis-
sioner of Customs in the enforcement of
this Act.
(G) CHIEF NEGOTIATOR.—The Chief Ne-
gotiator of CECA shall hold the rank of ambas-
sador, and shall be responsible for the develop-
ment, coordination, and conduct of all negotia-
tions regarding export control regimes, includ-
ing negotiations related to COCOM, the Aus-
tralia Group, the Nuclear Suppliers Group, and
the MTCR, negotiations described in section
4(c)(2)(D), and negotiations required under
section 5 regarding emergency controls.
(H) APPOINTMENTS.—The officers de-
scribed in subparagraphs (C), (D), (E), (F),
and (G) shall each be appointed by the Presi-
dent, by and with the advice and consent of the
Senate.
(d) INDUSTRY ADVISORY COMMITTEES.—
(1) TECHNICAL ADVICE AND SUPPORT.—
(A) IN GENERAL.—Upon written request
by representatives of a substantial segment of
any industry that produces goods or technology
subject to export controls under this Act, the
Secretary shall appoint an industry advisory
committee for any such goods or technology
that the Secretary determines are difficult to
evaluate because of questions concerning tech-
nical matters, worldwide availability and actual
utilization of goods and technology, or licensing
procedures.
(B) COMPOSITION.—Each such committee
shall consist of representatives of United States
industry and the United States Government. No
person serving on any such committee who is a
representative of industry shall serve on such
committee for more than 4 consecutive years.
(C) CONSULTATION.—The Secretary and
the Committee shall consult with appropriate
industry advisory committees with respect to
questions involving—
(i) technical matters, including licens-
ing procedures;
(ii) worldwide availability and utiliza-
tion of controlled goods and technology;
(iii) revisions of the control index, in-
cluding proposed revisions of export control
regime agreements;
(iv) the issuance of regulations;
(v) gathering of information from in-
dustry on illegal sales and diversion of
technology in furtherance of the enforce-
ment of this Act; and
(vi) any other questions that the Sec-
retary considers appropriate.
Members of the public shall be given a reason-
able opportunity, under regulations prescribed
by the Secretary, to present evidence to any in-
dustry advisory committee.
(D) MULTILATERAL NEGOTIATIONS.—The
Secretary may include industry representatives
from appropriate industry advisory committees
in the United States delegations to export con-
trol regime negotiations.
(E) EXPENSES.—Upon the request of any
member of an industry advisory committee, the
Secretary may reimburse such member for trav-
el, subsistence, and other necessary expenses in-
curred by such member in connection with the
duties of such member on such committee.
(F) CHAIRPERSON; MEETINGS.—Each in-
dustry advisory committee shall elect a chair-
person (who may not be an officer or employee
of the United States Government), and shall
meet at least every 3 months at the call of the
chairperson unless the chairperson determines,
in consultation with the other members of the
committee, that such a meeting is not necessary
to achieve the purposes of this subsection.
(G) DURATION.—Each industry advisory
committee shall be terminated after a period of
2 years, unless extended by the Secretary for
one additional 2-year period.
(H) AGENCY
DISCLOSURES.—The Sec-
retary, in conjunction with other departments
and agencies participating in the administration
of this Act, shall disclose to each industry advi-
sory committee adequate information, consist-
ent with national security, necessary for such
committee to discharge its duties.
(I) CERTIFICATION
OF
FOREIGN
AVAIL-
ABILITY.—If an industry advisory committee
certifies to the Secretary that any of the goods
or technology with respect to which such com-
mittee was appointed meet the foreign availabil-
ity requirements of section 3(g), the Secretary
shall refer the matter to the International
Trade Commission which shall make a foreign
availability assessment of such goods or tech-
nology under such section and shall submit a
report on such foreign availability to the indus-
try advisory committee and the Secretary.
(2) POLICY ADVICE.—The Secretary shall ap-
point a group of knowledgeable individuals from
businesses affected by export controls to provide ad-
vice to the Secretary and the Committee on export
control policy issues. The chairperson of such group
may not be a member of the Committee, but shall
represent industry advisory committees regarding re-
view of control lists and export control regime pro-
posals.
(e) ENFORCEMENT AUTHORITY.—
(1) GENERAL AUTHORITIES SHARED BY COM-
MERCE AND CUSTOMS.—To the extent necessary or
appropriate to the enforcement of this Act or to the
imposition of any penalty, forfeiture, or liability aris-
ing under this Act, the Secretary and the Commis-
sioner of Customs (and officers or employees specifi-
cally designated by either the Secretary or the Com-
missioner) may—
(A) require reports or the keeping of
records by any person;
(B) take the sworn testimony of any per-
son;
(C) administer oaths or affirmations; and
(D) by subpoena, require any person to ap-
pear and testify or to appear and produce
books, records, and other writings, or both, and
to inspect the books, records and other writings,
premises, or property of any person.
In the case of contumacy by, or refusal to obey a
subpoena issued to any person under this paragraph,
a district court of the United States, after notice to
any such person and a hearing, shall have jurisdic-
tion to issue an order requiring such person to ap-
pear 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 pun-
ished by such court as a contempt thereof.
(2) ENFORCEMENT
AUTHORITY
OF
THE
DE-
PARTMENT OF COMMERCE.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall have the respon-
sibility for investigations conducted within the
United States in the enforcement of this Act. In
the enforcement of this Act, 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 speci-
fied in paragraph (3)(A). The search, detention
(after search), or seizure of goods and tech-
nology at those ports and places specified in
paragraph (3)(A) may be conducted by employ-
ees of the Department of Commerce designated
by the Secretary with the concurrence of the
Commissioner of Customs or a person des-
ignated by the Commissioner.
(B) OTHER
AUTHORIZED
ACTIONS.—The
Secretary may designate employees under the
direction of the Assistant Director for Enforce-
ment and Compliance of CECA, in carrying out
enforcement authority under this Act, to—
(i) execute any warrant or other proc-
ess issued by a court or officer with com-
petent jurisdiction with respect to the en-
forcement of this Act;
(ii) make arrests without warrant for
any violation of this Act 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 of this Act;
and
(iii) carry firearms in carrying out
any activity described in clause (i) or (ii).
(3) ENFORCEMENT AUTHORITY OF THE COM-
MISSIONER OF CUSTOMS.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the United States Customs Service
is authorized, in the enforcement of this Act, to
make investigations outside of the United
States, and to search, detain (after search), and
seize goods or technology at those ports of
entry to 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, pur-
suant to agreements or other arrangements
with other countries, is authorized to perform
enforcement activities.
(B) OTHER
AUTHORIZED
ACTIONS.—An
officer of the United States Customs Service, in
carrying out enforcement authority under this
Act, may—
(i) stop, search, and examine a vehi-
cle, 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 viola-
tion of this Act;
(ii) search any package or container
in which such officer has reasonable cause
to suspect there are any goods or tech-
nology that has been, is being, or is about
to be exported from the United States in
violation of this Act;
(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; and
(iv) make arrests without warrant for
any violation of this Act committed in the
officer’s presence or view or if the officer
has probable cause to believe that the per-
son to be arrested has committed or is
committing such a violation.
The arrest authority conferred by clause (iv) is in
addition to any arrest authority provided under
other laws.
(4) OTHER ENFORCEMENT PROVISIONS.—
(A) REFERRAL OF CASES.—All cases in-
volving violations of this Act shall be referred to
the Secretary for purposes of determining civil
penalties and administrative sanctions under
section 8, or to the Attorney General for crimi-
nal action in accordance with this Act.
(B) PUBLICATION OF PROCEDURES.—The
Secretary, with the concurrence of the Sec-
retary of the Treasury, shall publish in the Fed-
eral Register procedures setting forth, in ac-
cordance with this subsection, the responsibil-
ities of the Department of Commerce and the
United States Customs Service in the enforce-
ment of this Act.
(C) INFORMATION
SHARING.—The Sec-
retary, with the concurrence of the Secretary of
the Treasury, may publish procedures for the
sharing of information in accordance with sec-
tion 3(g), and procedures for the submission to
the appropriate departments and agencies by
private persons of information relating to the
enforcement of this Act.
(D) REFERENCES.—For purposes of this
section, a reference to the enforcement of this
Act or to a violation of this Act includes a ref-
erence to the enforcement or a violation of any
regulation, order, or license issued under this
Act.
(5) IMMUNITY.—No person shall be excused
from complying with any requirements under this
section because of an assertion of a 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.
SEC. 7. COMMERCIAL EXPORT LICENSES AND PROCESSING
PROCEDURES.
(a) RESPONSIBILITY OF THE SECRETARY.—
(1) IN GENERAL.—The Secretary is responsible
for all export licensing functions required by this
Act. All determinations with respect to any export li-
cense application shall be made by the Secretary,
subject to the procedures provided in this section.
(2) REFERRAL
TO
OTHER
DEPARTMENTS
OR
AGENCIES.—The Secretary may seek information
and recommendations from any other department or
agency of the United States on export license appli-
cations, in accordance with the procedures provided
in subsection (c)(2). A department or agency review-
ing an export license application referred by the Sec-
retary shall cooperate fully in providing such infor-
mation or recommendations. The recommendations
made by other departments or agencies shall not be
binding on the Secretary in making determinations
on export license applications under this section.
(b) COMMERCIAL EXPORT LICENSES.—
(1) TYPES
OF
COMMERCIAL
EXPORT
LI-
CENSES.—Under such conditions as the Secretary
may impose, consistent with the provisions of this
Act, the Secretary may require the following types of
licenses for exports and reexports of commercial
goods and technology controlled under this Act:
(A) 
SPECIFIC
EXPORTS
AND
REEX-
PORTS.—An individual validated license, au-
thorizing a specific export or reexport.
(B) MULTIPLE
EXPORTS
AND
REEX-
PORTS.—Validated licenses authorizing multiple
exports or reexports, in lieu of an individual
validated license for each such export or reex-
port.
(C) TERMS
AND
CONDITIONS.—(i) The
Secretary shall grant a license under this para-
graph on the basis of approval of the appli-
cant’s systems of control for the commercial
goods and technology to be exported. The Sec-
retary and, at the request of the Secretary, the
Commissioner of Customs, shall perform peri-
odic reviews of license applicants and their com-
pliance with the terms of licenses issued under
this Act. In the case of a license issued under
subparagraph (B), the Secretary shall perform
periodic audits of license holders in order to as-
sure the integrity and effectiveness of the li-
censing procedures under this section that
apply to such licenses.
(ii) 
Requirements 
for 
the 
redesign,
reengineering, or substantial modification of
standard product models or configurations, and
similar requirements shall not be imposed under
this Act before any export license application is
approved for the export or reexport of commer-
cial goods or technology to which export or re-
export controls imposed pursuant to an export
control regime apply if such goods or tech-
nology are intended for civil end uses, unless
such export control regime agrees to such re-
quirements.
(2) AUTHORIZATION FOR TECHNICAL DATA.—A
validated license authorizing the export or reexport
of any commercial goods or technology under this
Act shall also authorize the export or reexport of op-
eration technical data related to such goods or tech-
nology, whether or not such data is specifically ref-
erenced in the license or license application, if the
technical level of the data does not exceed the level
reasonably necessary to install, repair, maintain, in-
spect, operate, or use the goods or technology.
(3) 
REPLACEMENT
PARTS.—The 
Secretary
shall not require an individual validated license for
replacement parts that are exported or reexported to
replace on a one-for-one basis parts that were in a
good that has been lawfully exported from the Unit-
ed States.
(4) INCORPORATED GOODS OR TECHNOLOGY.—
(A) GOODS
CONTAINING
CONTROLLED
PARTS AND COMPONENTS.—No license may be
required under this Act to export a commercial
good solely because the good contains parts or
components the export of which is controlled
under this Act if such parts or components—
(i) are essential to the functioning of
the good;
(ii) are customarily included in sales
of the good in countries other than con-
trolled countries; and
(iii) comprise 25 percent or less of the
total value of the good.
(B) REEXPORTS.—Except as provided in
subparagraph (C), no authority or permission
may be required under this Act to reexport,
from any country that is not a member of, or
a cooperating country with respect to, an export
control regime certified under section 4(d)(2),
of any commercial good or technology the ex-
port of which is controlled under section 4 when
the good or technology to be reexported is in-
corporated in another good or technology in
that country, and—
(i) the value of the commercial good
or technology the export of which is con-
trolled under this Act is 25 percent or less
of the total value of the good or technology
into which it is incorporated; or
(ii) the export of such commercial
good or technology from the United States
to the destination or enduser of the pro-
posed reexport would require only notifica-
tion to the participating governments of
the appropriate export control regime.
(C) EMERGENCY CONTROLS.—No author-
ity or permission may be required to reexport
from any country a commercial good or tech-
nology the export of which is controlled under
section 5 when the good or technology to be re-
exported is incorporated in another good or
technology in that country and the value of the
good or technology controlled under section 5 is
10 percent or less of the total value of the good
or technology into which it is incorporated.
(5) EXISTING CONTRACTS AND LICENSES.—
(A) IN GENERAL.—The President may not,
under this Act, prohibit the export or reexport
of commercial goods or technology—
(i) in performance of a contract,
agreement, or other contractual commit-
ment entered into before the effective date
of export or reexport controls imposed
under this Act on such goods or tech-
nology, or the date on which the President
reports to the Congress under section
(5)(a)(4)(B) the President’s intention to
impose emergency controls on the export
or reexport of such goods or technology, or
(ii) under a validated license or other
authorization issued under this Act.
(B) EXCEPTION.—The prohibition in sub-
paragraph (A) shall not apply if the President
determines and certifies to the Congress that—
(i) a breach of the peace poses a seri-
ous and direct threat to the strategic inter-
ests of the United States;
(ii) the prohibition or curtailment of
exports or reexports (as the case may be)
under each such contract, agreement, com-
mitment, license, or authorization will be
directly instrumental in remedying the sit-
uation posing the direct threat; and
(iii) such prohibition or curtailment
will continue only as long as the direct
threat persists.
(6) EXCLUSION FOR MEDICINE AND MEDICAL
SUPPLIES AND FOR DONATIONS.—This Act does not
authorize controls on—
(A) medicine or medical supplies; or
(B) 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.
(7) PROHIBITION
OF
FEES
FOR
PROCESSING
EXPORT LICENSE APPLICATIONS.—No fee may be
charged in connection with the submission or proc-
essing of an export license application under this
Act.
(c) PROCEDURES
FOR PROCESSING EXPORT LI-
CENSE APPLICATIONS.—
(1) INITIAL SCREENING.—All export license ap-
plications required under this Act shall be submitted
by the applicant to the Secretary. Not more than 10
days after the date on which any export license ap-
plication is submitted to the Secretary, the Secretary
shall—
(A) send the applicant an acknowledgment
of the receipt of the application and the date of
the receipt;
(B) submit to the applicant a written de-
scription of the procedures required by this sec-
tion, the responsibilities of the Secretary with
respect to the application, and the rights of the
applicant;
(C) return the application without action if
the application is improperly completed or if ad-
ditional information is required, with sufficient
information to permit the application to be
properly resubmitted, in which case, if such ap-
plication is resubmitted, it shall be treated as a
new application for the purpose of calculating
the time periods prescribed in this subsection;
and
(D) determine whether it is necessary to
submit the application to a multilateral review
process pursuant to an export control regime
and, if so, inform the applicant of such require-
ment.
(2) REFERRAL.—If the Secretary decides to
refer an export license application to any other de-
partment or agency for a recommendation under
subsection (a)(2), the Secretary shall, within 5 days
after receiving the application, refer the application
concurrently to all such departments or agencies. A
department or agency reviewing an export license
application referred by the Secretary shall have 15
days in which to submit to the Secretary its rec-
ommendations on the application. Any department
or agency which does not submit its recommenda-
tions within that 15-day period shall be deemed by
the Secretary to have no objection to the approval of
such application.
(3) ACTION BY THE SECRETARY.—Subject to
paragraph (6), 30 days after the date of formal fil-
ing with the Secretary of an export license applica-
tion, a license for the transaction specified in the ap-
plication shall become valid and effective and the
goods or technology involved are authorized for ex-
port or reexport pursuant to such license, unless—
(A) the application has been otherwise ap-
proved 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 under this section and the applicant
has been so informed; or
(C) the Secretary requires additional time,
not to exceed 30 days, for matters related to
the consideration of the export license applica-
tion, including, but not limited to, performing
pre-license investigations and obtaining govern-
ment-to-government assurances with respect to
reexports or other matters, and so informs the
applicant.
In a case in which subparagraph (C) applies, at the
end of the 30-day period described in such subpara-
graph, the license for the transaction specified in the
application shall become valid and effective and the
goods and technology are authorized for export or
reexport pursuant to such license, unless subpara-
graph (A) or (B) applies during such 30-day period.
(4) ACTION UPON DENIAL.—In cases in which
the Secretary has determined that a license applica-
tion should be denied, the applicant shall be in-
formed in writing, not later than 5 days after such
determination is made, of—
(A) the determination;
(B) the statutory basis for the proposed
denial;
(C) the reasons for such denial, with ref-
erences to the criteria set forth in sections 4
and 5;
(D) what, if any, modifications in, or re-
strictions on, the goods or technology for which
the license was sought would allow the export
or reexport of the goods or technology to be
compatible with controls imposed under this
Act;
(E) which officers and employees of the
Department of Commerce who are familiar with
the application will be made reasonably avail-
able to the applicant for considerations with re-
gard to such modifications or restrictions, if ap-
propriate;
(F) to the extent consistent with the na-
tional 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 not less than
30 days to respond to the Secretary’s determination
before the license application is denied. If any deci-
sion on a license application is deferred inconsistent
with the provisions of this subsection, the applicant
shall be so informed in writing not more than 5 days
after such deferral.
(5) RECORDKEEPING.—The Secretary shall
make and keep records of all advice and rec-
ommendations given by Federal departments and
agencies, and decisions made by the Department of
Commerce, in connection with any export license ap-
plication or revision of an export license application
under this Act, including the factual and analytical
basis of the advice, recommendations, or decisions.
(6) MULTILATERAL CONTROLS.—
(A) NOTICE OF MULTILATERAL REVIEW.—
In any case in which an export license applica-
tion that has been finally approved is required
to be submitted to a multilateral review process
pursuant to an export control regime, the li-
cense shall not be issued under paragraph (3),
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.
(B) ISSUANCE
OF
LICENSE
AFTER
DAYS.—If such multilateral review has not re-
sulted in a determination with respect to the
application within 30 days after the application
is approved, the Secretary’s approval of the li-
cense shall be final and the license shall be is-
sued, unless a longer review period is specifi-
cally required by the established procedures of
the applicable export control regime.
(7) CHANGES IN REQUIREMENTS FOR APPLICA-
TIONS.—Except as provided in paragraph (1)(C), in
any case in which, after an export license application
is submitted, the Secretary changes the require-
ments 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.
(d) APPEAL AND COURT ACTIONS.—
(1) IN GENERAL.—The Secretary shall establish
appropriate procedures for any applicant to appeal
to the Secretary the denial of an export license ap-
plication under this Act.
(2) PUBLICATION AND INDEXING OF APPEAL
DECISIONS.—The Secretary shall, to the greatest ex-
tent practicable, taking into account restrictions on
the disclosure of classified or confidential informa-
tion, publish in the Federal Register and index deci-
sions on appeals of license denials under paragraph
(1).
(3) TIME DELAY.—In any case in which any ac-
tion prescribed in this section is not taken on an ex-
port license application within the time periods es-
tablished by subsection (c) (except in the case of a
time period extended under subsection (c)(3)(C) of
which the applicant is notified), the applicant may
file a petition with the Secretary requesting compli-
ance with the requirements of subsection (c). When
such petition is filed, the Secretary shall take imme-
diate steps to correct the situation giving rise to the
petition and shall immediately notify the applicant of
such steps.
(4) ACTION ON PETITIONS.—If, within 20 days
after a petition is filed under paragraph (3), the
processing of the application has not been brought
into conformity with the requirements of subsection
(c), or the application has been brought into con-
formity with such requirements but the Secretary
has not so notified the applicant, the applicant may
bring an action in an appropriate United States dis-
trict court for a restraining order, a temporary or
permanent injunction, or other appropriate relief, to
require compliance with the requirements of sub-
section (c). The United States district courts shall
have jurisdiction to provide such relief, as appro-
priate.
(5) FINAL ORDERS; APPEAL.—The determina-
tion of the Secretary on appeals under this sub-
100
section shall be final and may be appealed in accord-
ance with section 8(c).
(e) OTHER INQUIRIES.—
(1) CLASSIFICATION REQUESTS.—In any case
in which the Secretary receives a written request
asking for the proper classification of a good or
technology on the control index, the Secretary shall,
not more than 10 working days after receiving the
request, inform the person making the request of the
proper classification.
(2) APPLICABILITY OF REQUIREMENT.—In any
case in which the Secretary receives a written re-
quest for information about the applicability of ex-
port license requirements under this Act to a pro-
posed transaction or series of transactions, the Sec-
retary shall, not more than 30 days after receiving
the request, reply with that information to the per-
son making the request.
(3) PUBLICATION OF CLASSIFICATION DETER-
MINATIONS.—The Secretary shall, to the greatest
extent practicable, taking into account restrictions
on the disclosure of classified or confidential infor-
mation, publish in the Federal Register classification
determinations made under paragraph (1).
101
SEC. 8. PENALTIES, ADMINISTRATIVE PROCEDURES, AND
SANCTIONS.
(a) PENALTIES FOR VIOLATIONS.—
(1) CRIMINAL PENALTIES.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), whoever knowingly violates
or conspires to or attempts to violate any provi-
sion of this Act or any regulation, order, or li-
cense issued under this Act shall be fined not
more than 5 times the value of the exports in-
volved or $50,000, whichever is greater, or im-
prisoned for not more than 5 years, or both.
(B) WILLFUL VIOLATIONS.—Whoever will-
fully violates or conspires to or attempts to vio-
late any provision of this Act or any regulation,
order, or license issued under this Act, with
knowledge that the exports involved will be used
for the benefit of, or that the destination or in-
tended destination of the goods or technology
involved is, any controlled country or controlled
enduser—
(i) except in the case of an individual,
shall be fined not more than 10 times the
value 
of 
the 
exports 
involved 
or
$2,000,000, whichever is greater; and
102
(ii) in the case of an individual, shall
be fined not more than $500,000, or im-
prisoned for not more than 10 years, or
both.
(C) FAILURE TO REPORT MISUSE UNDER
LICENSE.—Any person who is issued a vali-
dated license under this Act for the export of
any commercial good or technology to a con-
trolled country and who, with knowledge that
such a good or technology is being used by such
controlled country for military or intelligence-
gathering purposes, or for purposes of enhanc-
ing capabilities described in section 4(a)(1)(B),
contrary to the conditions under which the li-
cense was issued, willfully fails to report such
use, shall be subject to the penalties set forth
in subparagraph (B).
(D) INTENT TO VIOLATE CONTROLS.—Any
person who possesses any commercial goods or
technology—
(i) with the intent to export or reex-
port such goods or technology in violation
of an export or reexport control imposed
under this Act, or any regulation, order, or
103
license issued with respect to such control,
or
(ii) knowing or having reason to be-
lieve that the goods or technology would be
so exported or reexported,
shall be subject to the penalties set forth in
subparagraph (B).
(E) EVASION OF CONTROLS.—Any person
who takes any action with the intent to evade
the provisions of this Act or any regulation,
order, or license issued under this Act shall be
subject to the penalties set forth in paragraph
(B).
(2) CIVIL PENALTIES.—
(A) IN GENERAL.—The Secretary may im-
pose a civil penalty of not more than $250,000
for each violation of this Act or any regulation,
order, or license issued under this Act, either in
addition to or in lieu of any other liability or
penalty which may be imposed for such viola-
tion.
(B) PAYMENT OF PENALTIES.—The pay-
ment of any penalty imposed under this para-
graph may be made a condition, for a period of
not more than 1 year after the imposition of
104
such penalty, to the granting, restoration, or
continuing validity of any license, permission, or
privilege granted or to be granted under this
Act to the person upon whom such penalty is
imposed. In addition, the payment of any pen-
alty imposed under this paragraph may be de-
ferred or suspended in whole or in part for a
period of time not longer than any probation
period (which may exceed 1 year) that may be
imposed upon such person. Such a deferral or
suspension shall not operate as a bar to the col-
lection of the penalty in the event that the con-
ditions of the suspension, deferral, or probation
are not fulfilled.
(C) REFUNDS.—Any amount paid in satis-
faction of any penalty imposed under this para-
graph, and any amounts realized from the for-
feiture of any property interest or proceeds
under subsection (b)(4), shall be covered into
the Treasury as a miscellaneous receipt. The
head of the department or agency concerned
may, in his or her discretion, refund any such
penalty imposed under this paragraph within 2
years after payment, on the ground of a mate-
rial error of fact or law in the imposition of the
105
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.
(D) ACTIONS
FOR
RECOVERY
OF
PEN-
ALTIES.—In the event of the failure of any per-
son to pay a penalty imposed under this para-
graph, a civil action for the summary collection
of the penalty may, in the discretion of the
head of the department or agency concerned, be
brought in an appropriate United States dis-
trict court in the name of the United States.
(E) CIVIL
PENALTY
STANDARDS.—The
Secretary may by regulation provide standards
for establishing levels of civil penalty under this
paragraph based upon the seriousness of the
violation, the culpability of the violator, and the
violator’s record of cooperation with the Gov-
ernment in disclosing the violation.
(3) VIOLATIONS OF THE ACT.—Nothing in this
paragraph shall limit the power of the Secretary to
define by regulations violations under this Act.
(b) ADMINISTRATIVE SANCTIONS.—
(1) SUSPENSION, REVOCATION, AND DENIAL OF
EXPORT PRIVILEGES.—The Secretary may suspend,
106
revoke, or deny the export or reexport privileges of
any person who violates or conspires to or attempts
to violate any provision of this Act or any regulation,
order, or license issued under this Act.
(2) ELIGIBILITY
FOR
LICENSES.—No person
convicted of a violation of this Act (or any regula-
tion, order, or license issued under this Act), any
regulation, license, or order issued under the Inter-
national Emergency Economic Powers Act, 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)), 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 for a period of not
more than 10 years from the date of the conviction.
The Secretary may revoke any export license under
this Act in which such person has an interest at the
time of the conviction.
(3) RELATED
PERSONS.—The Secretary may
exercise the authority under paragraphs (1) and (2)
with respect to any person related, through affili-
ation, ownership, control, or position of responsibil-
ity, to any person who has been sanctioned under
this subsection, upon a showing of such relationship
107
with the sanctioned party and a finding that such
action is necessary to prevent an imminent violation
of this Act or any regulation, order, or license issued
under this Act, and subject to the procedures set
forth in subsection (c).
(4) FORFEITURE OF PROPERTY INTEREST AND
PROCEEDS.—
(A) IN GENERAL.—Any person who is con-
victed under subsection (a)(1) of a violation of
an export or reexport control imposed under
this Act or any regulation, order, or license is-
sued under this Act shall, in addition to any
other penalty, forfeit to the United States—
(i) any of that person’s interest in, se-
curity of, claim against, or property or
contractual rights of any kind in the goods
or tangible items that were the subject of
the violation;
(ii) 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 re-
export or attempt to export or reexport
that was the subject of the violation; and
108
(iii) any of that person’s property con-
stituting or derived from any proceeds ob-
tained directly or indirectly as a result of
the violation.
(B) PROCEDURE.—The procedures in any
forfeiture under this paragraph, and the duties
and authority of the courts of the United States
and the Attorney General with respect to any
forfeiture action under this paragraph or with
respect to any property that may be subject to
forfeiture under this paragraph, shall be gov-
erned by the provisions of section 1963 of title
18, United States Code.
(c) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
VIEW.—
(1) ADMINISTRATIVE
PROCEDURES
RELATING
TO CIVIL PENALTIES AND ADMINISTRATIVE SANC-
TIONS.—
(A) FORMAL COMPLAINT.—In any case in
which a civil penalty or administrative sanction
(other than a temporary denial order) is sought
under this section, the charged party is entitled
to receive a formal complaint specifying the
charges and, at his or her request, to contest
109
the charges in a hearing before an administra-
tive law judge.
(B) HEARING
PROCEDURES.—Subject to
the provisions of this subsection, any such hear-
ing shall be conducted in accordance with sec-
tions 556 and 557 of title 5, United States
Code.
(C) PRESENTATION OF EVIDENCE IN CAM-
ERA.—In any such hearing the Government
may, with the approval of the administrative
law judge, present evidence in camera in the
presence of the charged party or his or her rep-
resentative.
(D) POST-HEARING ACTION BY THE SEC-
RETARY.—After the hearing, the administrative
law judge shall make findings of fact and con-
clusions of law in a written decision, which shall
be referred to the Secretary. The Secretary
shall, in a written order, affirm, modify, or va-
cate the decision of the administrative law
judge not later than 30 days after receiving the
decision.
(E) TIMING.—The proceedings described
in this subsection shall be concluded not later
than 1 year after the complaint is submitted,
110
unless the administrative law judge extends
such period for good cause shown.
(F) FINAL ORDERS; APPEAL.—The order
of the Secretary under subparagraph (D) shall
be final and may be appealed in accordance
with paragraph (4).
(2) ADMINISTRATIVE
PROCEDURES
FOR
THE
IMPOSITION OF TEMPORARY DENIAL ORDERS.—
(A) IN GENERAL.—In any case in which it
is necessary, in the public interest, to prevent
an imminent violation of this Act or any regula-
tion, order, or license issued under this Act, the
Secretary may, without a hearing, issue an
order temporarily denying United States export
or reexport privileges (hereafter in this sub-
section referred to as a ‘‘temporary denial
order’’) to a person. A temporary denial order
may be effective no longer than 180 days (un-
less renewed in writing by the Secretary for an
additional period of not more than 180 days) in
order to prevent such an imminent violation, ex-
cept that a temporary denial order may be re-
newed only after notice and an opportunity for
a prompt hearing is provided.
111
(B) CONTENTS.—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 sub-
ject 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, not more
than 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 rec-
ommendation by written order not more than 5
working days after receiving the recommenda-
tion. The written order of the Secretary under
the preceding sentence shall be final and may
be appealed as provided in paragraph (4). The
temporary denial order shall be affirmed only if
it is reasonable to believe that the order is re-
quired in the public interest to prevent an im-
minent violation of this Act or any regulation,
order, or license issued under this Act. All ma-
112
terials submitted to the administrative law
judge and the Secretary under this paragraph
shall constitute the administrative record for
purposes of review by the courts.
(3) ADMINISTRATIVE LAW JUDGES.—Adminis-
trative law judges referred to in paragraphs (1) and
(2)(B) shall be appointed by the Secretary from
among those considered qualified for selection and
appointment under section 3105 of title 5, United
States Code.
(4) JUDICIAL REVIEW.— Any final agency ac-
tion under this Act may be reviewed by appeal to the
United States Court of Appeals for the Federal Cir-
cuit.
(d) SANCTIONS AGAINST CERTAIN PERSONS.—
(1) IN GENERAL.—Except as provided in para-
graph (5), the President may impose the sanctions
described in paragraph (3) if the President deter-
mines that a person has knowingly and materially
contributed—
(A) through the export from the United
States of any commercial goods or technology
that are subject to the jurisdiction of the Unit-
ed States under this Act, or
113
(B) through the export from any other
country of any commercial goods ±or technology
that constitutes a violation of any regulation is-
sued by that country to control exports pursu-
ant to an export control regime,
to the efforts by any controlled country or controlled
enduser to use, develop, produce, stockpile, or other-
wise acquire chemical or biological weapons, nuclear
materials and equipment (as defined in section 4(4)
of the Nuclear Non-Proliferation Act of 1978) or
any nuclear explosive device, or any missile equip-
ment or technology.
(2) PERSONS AGAINST WHICH SANCTIONS ARE
TO BE IMPOSED.—Sanctions shall be imposed under
paragraph (1) on—
(A) the person with respect to whom the
President makes the determination described in
that paragraph;
(B) any successor entity to that person;
and
(C) any parent, subsidiary, or affiliate of
that person if that parent, subsidiary, or affili-
ate knowingly and materially contributed to the
activities that were the basis of that determina-
tion.
114
(3) SANCTIONS.—The sanctions to be imposed
under paragraph (1) are—
(A) denial of licenses to the sanctioned
person to export or reexport, and denial of li-
censes to United States persons to export or re-
export to the sanctioned person, commercial
goods and technology to the same intent as the
export or reexport of such goods or technology
is controlled under this Act;
(B) a prohibition on contracting with, and
procurement of products and services from, the
sanctioned person by any department, agency,
of instrumentality of the United States Govern-
ment; and
(C) a prohibition on the importation into
the United States of products produced by the
sanctioned person.
(4) CONSULTATIONS WITH FOREIGN GOVERN-
MENTS OF JURISDICTION.—If the President makes a
determination in paragraph (1) with respect to a
foreign person, the President shall immediately initi-
ate consultations with the government of the country
of which that foreign person is a national with re-
spect to the imposition of sanctions under this sec-
tion.
115
(5) INAPPLICABILITY.—Sanctions set forth in
paragraph (3) may not be imposed on a foreign per-
son with respect to acts described in paragraph (1)
if the government of the country of which that for-
eign person is a national is a member of an export
control regime certified under section 4(d)(2) or a
cooperating country with respect to such regime, un-
less a determination made with respect to such
country under section 4(d)(5)(C) is in effect.
(6) TERMINATION
OF
SANCTIONS.—Sanctions
imposed under this subsection shall apply for a pe-
riod at least one year beginning on the date on
which the sanctions are imposed. Such sanctions
shall cease to apply, in the case of a foreign person,
at such time as paragraph (5) applies. The sanctions
shall cease to apply after the end of the 1-year pe-
riod described in the first sentence if the President
determines that the person with respect to whom the
determination was made under paragraph (1) has
ceased all activities described in paragraph (1) that
were the subject of the violation and has taken ap-
propriate steps to ensure that such activities will not
take place in the future.
(e) OTHER AUTHORITIES.—Nothing in this section
limits—
116
(1) the availability of other administrative or
judicial remedies with respect to violations of this
Act or any regulation, order, or license issued under
this Act;
(2) the authority to compromise and settle ad-
ministrative proceedings brought with respect to vio-
lations of this Act or any regulation, order, or li-
cense issued under this Act; or
(3) the authority to compromise, remit, or miti-
gate seizures and forfeitures under section 1(b) of
title VI of the Act of June 15, 1917 (22 U.S.C.
401(b)).
SEC. 9. DEFINITIONS; REPORTS.
(a) DEFINITIONS.—Except as otherwise provided in
this Act, as used in this Act:
(1) AUSTRALIA GROUP.—The term ‘‘Australia
Group’’ means a group of countries that have agreed
to restrict the sale of chemical weapons precursors
and equipment, including, as of the date of the en-
actment of this Act, Australia, Austria, Belgium,
Canada, Denmark, Finland, France, Germany,
Greece, Ireland, Italy, Japan, Luxembourg, the
Netherlands, New Zealand, Norway, Portugal,
Spain, Sweden, Switzerland, the United Kingdom,
and the United States.
117
(2) CECA.—The term ‘‘CECA’’ means the
Commercial Export Control Administration estab-
lished in section 6(c).
(3) COCOM.—The term ‘‘COCOM’’ means the
Coordinating Committee for Multilateral Export
Controls, a non-treaty organization created in 1949
that—
(A) cooperatively restricts exports of goods
and technology to certain countries;
(B) collectively determines the goods and
technology that are so restricted and the des-
tinations to which exports are so restricted; and
(C) as of the date of the enactment of this
Act, includes Australia, Belgium, Canada, Den-
mark, Finland, France, Germany, Greece, Italy,
Japan, Luxembourg, the Netherlands, Norway,
Portugal, Spain, Sweden, Turkey, the United
Kingdom, and the United States.
(4) COMMERCIAL GOODS AND TECHNOLOGY.—
The term ‘‘commercial goods and technology’’ means
goods and technology that were developed or are em-
ployed for bona fide civilian endusers.
(5) 
COMMITTEE.—The 
term 
‘‘Committee’’
means the Commercial Export Control Policy Com-
mittee established in section 6(b).
118
(6) CONTROL
INDEX.—The term ‘‘control
index’’ means the United States Commercial Export
Control Index established under section 3(b)(1).
(7) CONTROLLABLE.—The term ‘‘controllable’’
means capable of being made subject to an effective
prohibition or significant restriction on exports. A
good or technology shall not be considered to be con-
trollable unless it is—
(A) manufactured or sold by only a modest
number of suppliers who can be positively iden-
tified;
(B) consumed or used by only a modest
number of endusers who can be positively iden-
tified and whose export activities can be con-
trolled; and
(C) individually traceable or not easily con-
cealed or disguised.
(8) CONTROLLED COUNTRY AND CONTROLLED
ENDUSER.—(A) The term ‘‘controlled country’’
means a country identified under section 4(b)(4).
The term ‘‘controlled enduser’’ means an enduser
identfied under section 4(b)(4).
(B) The term ‘‘controlled enduser’’ means an
enduser identified under section 4(b)(4).
119
(9) COOPERATING
COUNTRY.—The term ‘‘co-
operating country’’ means a country which has en-
tered into an agreement with the United States or
an export control regime on maintaining export re-
strictions comparable in practice to those maintained
by such export control regime.
(10)(A) ENDUSE.—The term ‘‘enduse’’ means
the intended application or use of an item as rep-
resented to an export license applicant by the im-
porter of the item in another country.
(B) ENDUSER.—The term ‘‘enduser’’ means
the person located abroad who is the true party in
interest in actually receiving an export for the end-
use designated for the export.
(11) EXPORT.—The term ‘‘export’’ means an
actual shipment, transfer, or transmission of goods
or technology out of the United States.
(12) EXPORT
CONTROL
REGIME.—The term
‘‘export control regime’’ means a system of export
controls agreed to and maintained by the United
States and one or more other countries and includes
COCOM, the Australia Group, the MTCR, and the
Nuclear Supplies Group.
(13) EXPORT
LICENSE
APPLICATION.—The
term ‘‘export license application’’ means a request
120
for permission or authorization to export or reexport
a commercial good or technology the export of which
is controlled under this Act.
(14) FOREIGN AVAILABILITY.—The term ‘‘for-
eign availability’’ means the availability within con-
trolled countries or to controlled countries or con-
trolled endusers without restriction from sources
outside the United States of commercial goods and
technology that would reasonably be considered to
substitute for those produced in the United States
or other countries that participate with the United
States in export control regimes so as to render ex-
port and reexport controls imposed by the United
States or such regimes on such goods or technology
so produced ineffective in achieving their intended
purpose. A determination of foreign availability of a
good or technology from sources outside the United
States shall be made only after considering the avail-
ability of such good or technology—
(A) within a controlled country;
(B) from any country from which exports
to a controlled country or controlled enduser of
the good or technology are not restricted; and
(C) from countries that participate with
the United States in export control regimes to
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the extent that export and reexport restrictions
on the good or technology maintained by such
countries are determined by the Secretary to be
ineffective.
(15) FOREIGN
PERSON.—The term ‘‘foreign
person’’ means—
(A) an individual who is not a citizen of
the United States or a ‘‘protected individual’’
as defined in section 274B of the Immigration
and Nationality Act (8 U.S.C. 1324b(a)(3));
and
(B) a corporation, partnership, or other
entity that is created or organized under the
laws of a foreign country or that has its prin-
cipal place of business outside the United
States.
(16) GOOD.—The term ‘‘good’’ means any arti-
cle, natural or manmade substance, material, supply,
or manufactured product, including inspection and
test equipment, and excluding technical data.
(17) MISSILE TECHNOLOGY CONTROL REGIME;
MTCR.—The term ‘‘Missile Technology Control Re-
gime’’ or ‘‘MTCR’’ means the policy statement be-
tween the United States, the United Kingdom, the
Federal Republic of Germany, France, Italy, Can-
122
ada, and Japan, announced on April 16, 1987, to re-
strict sensitive missile-relevant transfers based on
the MTCR Annex, and any amendments thereto,
which, as of the date of the enactment of this Act,
includes the each of those countries and Australia,
Austria, Belgium, Denmark, Finland, Luxembourg,
the Netherlands, Norway, Sweden, New Zealand,
and Spain.
(18) MISSILE
EQUIPMENT
OR
TECHNOLOGY;
MTCR
EQUIPMENT
OR
TECHNOLOGY.—The terms
‘‘missile equipment or technology’’ and ‘‘MTCR
equipment or technology’’ mean those items listed in
the MTCR Annex.
(19) MTCR annex.—The term ‘‘MTCR Annex’’
means the Guidelines and Equipment and Tech-
nology Annex of the MTCR, and any amendments
thereto.
(20) NON-REGIME COUNTRY.—The term ‘‘non-
regime country’’ means a country that is not a mem-
ber of an export control regime and is not a cooper-
ating country.
(21) NUCLEAR SUPPLIERS’ GROUP.—The term
‘‘Nuclear Suppliers’ Group’’ means a group of coun-
tries that—
123
(A) in 1978, committed themselves to pro-
hibit the export of certain nuclear-related goods
and technology unless the importing country
agreed to a pledge of ‘‘no explosive use’’ and to
acceptance of safeguards by the International
Atomic Energy Agency; and
(B) as of the date of the enactment of this
Act, is comprised of Australia, Austria, Bel-
gium, Bulgaria, Canada, Czech Republic, Den-
mark, Finland, France, Germany, Greece, Hun-
gary, Ireland, Italy, Japan, Luxembourg, the
Netherlands, Norway, Poland, Portugal, Roma-
nia, Russia, Slovak Republic, Spain, Sweden,
Switzerland, the United Kingdom, and the
United States.
(22) PERSON.—The term ‘‘person’’ includes the
singular and the plural and any individual, partner-
ship, corporation, or other form of association, in-
cluding any government or agency thereof.
(23) REEXPORT.—The term ‘‘reexport’’ means
an actual shipment, transfer, or transmission of
U.S.-origin goods or technology from one foreign
country to another.
(24) MEMBER
OF
AN
EXPORT
CONTROL
RE-
GIME.—A ‘‘member’’ of an export control regime is