175
days after each report under subsection (b) is submitted,
an analysis of such report.
SEC. 116. DEFINITIONS.
As used in this title:
(1) AFFILIATE.—The term ‘‘affiliate’’ includes
both governmental entities and commercial entities
that are controlled in fact by a country.
(2) ADHERENT.—An ‘‘adherent’’ to a multilat-
eral regime is a country that is a member of that
regime or that, pursuant to an international under-
standing to which the United States is a party, con-
trols exports in accordance with the criteria and
standards of that regime.
(3) AUSTRALIA GROUP.—The term ‘‘Australia
Group’’ means the multilateral regime in which the
United States participates that seeks to prevent the
proliferation of chemical and biological weapons.
(4) CHEMICAL
WEAPONS
CONVENTION.—The
term ‘‘Chemical Weapons Convention’’ refers to the
Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weap-
ons and on Their Destruction of 1992.
(5) 
COMMODITY.—The 
term 
‘‘commodity’’
means any article, natural or manmade substance,
material, software, source code, supply, or manufac-
176
tured product, including inspection and test equip-
ment, and excluding technical data.
(6) CONTROL
OR
CONTROLLED.—The terms
‘‘control’’ and ‘‘controlled’’ refer to a licensing re-
quirement, a written reexport authorization require-
ment, or a prohibition on an export.
(7) CONTROL
INDEX.—The term ‘‘control
index’’ means the United States Commodity Control
Index established under section 104(b)(1).
(8) CONTROLLED COUNTRY.—The term ‘‘con-
trolled country’’ means a country to which exports
are controlled under section 105 or 106.
(9) EXPORT.—(A) The term ‘‘export’’—
(i) means—
(I) an actual shipment, transfer, or
transmission of items out of the United
States; and
(II) a transfer to any person of items
either within the United States or outside
of the United States with the knowledge or
intent that the items will be shipped,
transferred, or transmitted outside the
United States; and
(ii) includes the term ‘‘reexport’’.
177
(B) The Secretary may further define the term
export by regulation to include, among other con-
cepts, that—
(i) a transfer of items in the United States
to an embassy or affiliate of a country is an ex-
port to the country,
(ii) disclosure of technology to a foreign
person is deemed to be an export to the country
of which he or she is a national, and
(iii) transfer of effective control from one
country to another over a satellite above the
earth is an export from one country to another.
(C) As used in this paragraph, the term ‘‘for-
eign person’’ means—
(i) an individual who is not a United
States citizen or an alien lawfully admitted for
permanent residence to the United States;
(ii) any corporation, partnership, business
association, society, trust, organization, or other
nongovernmental entity created or organized
under the laws of a foreign country or that has
its principal place of business outside the Unit-
ed States; and
178
(iii) any governmental entity of a foreign
country that is operating as a business enter-
prise.
(10) EXPORT
CONTROL
REGIME, MULTILAT-
ERAL
EXPORT
CONTROL
REGIME, MULTILATERAL
REGIME, AND REGIME.—The terms ‘‘export control
regime’’, ‘‘multilateral export control regime’’, ‘‘mul-
tilateral regime’’, and ‘‘regime’’ each means an
international agreement or an arrangement among
two or more countries, including the United States,
a purpose of which is to coordinate national export
control policies of participating countries regarding
certain items. Such terms include the Australia
Group, the Wassenaar Arrangement, the MTCR,
and the Nuclear Supplies Group.
(11) FOREIGN
AVAILABILITY, AVAILABLE
IN
FACT
TO
CONTROLLED
COUNTRIES.—The terms
‘‘foreign availability’’ and ‘‘available in fact to con-
trolled countries’’ each include production or avail-
ability of any item from any country—
(A) in which the item is not restricted for
export to any controlled country; or
(B) in which such export restrictions are
determined by the Secretary to be ineffective.
179
For purposes of subparagraph (B), the mere inclu-
sion of items on a list of items subject to export con-
trols imposed pursuant to a multilateral export con-
trol regime shall not alone constitute credible evi-
dence that the government of a country provides an
effective means of controlling the export of such
items to controlled countries.
(12) ITEM.—The term ‘‘item’’ means any com-
modity, technology, or other information.
(13) LICENSING REQUIREMENT.—The term ‘‘li-
censing requirement’’ includes any restriction or
condition, including recordkeeping and reporting,
imposed by the Secretary under this title in licensing
the export of a commodity, technology, or other in-
formation.
(14) MEMBER
OF
AN
EXPORT
CONTROL
RE-
GIME.—A ‘‘member’’ of an export control regime,
multilateral export control regime, multilateral re-
gime, or regime is a country that participates in that
regime.
(15) MISSILE.—The term ‘‘missile’’ means any
missile system or component listed in category I of
the MTCR Annex, and any other unmanned delivery
system or component of similar capability, as well as
180
the specially designed production facilities for these
systems.
(16) MISSILE TECHNOLOGY CONTROL REGIME;
MTCR.—The term ‘‘Missile Technology Control Re-
gime’’ or ‘‘MTCR’’ means the policy statement and
guidelines 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-related transfers
based on the MTCR Annex, and any amendments
thereto.
(17) 
MTCR 
ANNEX.—The 
term 
‘‘MTCR
Annex’’ means the Equipment and Technology
Annex of the MTCR, and any amendments thereto.
(18) NUCLEAR EXPLOSIVE DEVICE.—The term
‘‘nuclear explosive device’’ means any device, wheth-
er assembled or disassembled, that is designed to
produce an instantaneous release of an amount of
nuclear energy from special nuclear material that is
greater than the amount of energy that would be re-
leased from the detonation of one pound of trinitro-
toluene (TNT).
(19) NUCLEAR SUPPLIERS’ GROUP.—The term
‘‘Nuclear Suppliers’ Group’’ means the multilateral
arrangement in which the United States participates
181
whose purpose is to restrict the transfers of items
with relevance to the nuclear fuel cycle or nuclear
explosive applications.
(20) PERSON.—Except as provided in section
111, the term ‘‘person’’ includes—
(A) the singular and the plural and any in-
dividual, partnership, corporation, business as-
sociation, society, trust, organization, or any
other group created or organized under the laws
of a country; and
(B) any government, or any governmental
body, corporation, trust, agency, department, or
group, operating as a business enterprise.
(21) REEXPORT.—The term ‘‘reexport’’ means
the shipment, transfer, transshipment, or diversion
of items from one foreign country to another.
(22) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce or any successor
officer performing functions of the Secretary of
Commerce under this title.
(23) TECHNOLOGY.—The term ‘‘technology’’
means specific information that is necessary for the
development, production, or use of a commodity, in-
cluding source code, and that takes the form of tech-
nical data or technical assistance.
182
(24) UNILATERAL
AND
UNILATERALLY.—The
terms ‘‘unilateral’’ and ‘‘unilaterally’’, with respect
to an export control on a commodity or technology,
refer to a control that is not similarly imposed in
similar circumstances by any country other than the
United States, and that materially restricts the ex-
port of the commodity or technology.
(25) UNITED
STATES.—The term ‘‘United
States’’ means the States of the United States, the
District of Columbia, and any commonwealth, terri-
tory, 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)).
(26) UNITED
STATES
PERSON.—The term
‘‘United States person’’ means any United States
citizen, resident, or national (other than an individ-
ual resident outside the United States and employed
by other than a United States person), any domestic
concern (including any permanent domestic estab-
lishment of any foreign concern) and any foreign
subsidiary or affiliate (including any permanent for-
eign establishment) of any domestic concern which is
controlled in fact by such domestic concern, as de-
termined under regulations of the President.
183
(27) WASSENAAR
ARRANGEMENT.—The term
‘‘Wassenaar Arrangement’’ means the multilateral
regime in which the United States participates that
seeks to promote transparency and responsibility
with regard to the transfers of conventional arma-
ments and sensitive dual-use goods and technologies.
(28) WEAPON
OF
MASS
DESTRUCTION.—The
term ‘‘weapon of mass destruction’’ means any
chemical, biological, or nuclear weapon, including a
nuclear explosive device.
SEC. 117. EFFECTS ON OTHER ACTS.
(a) COMMODITY JURISDICTION.—
(1) COORDINATION
OF
CONTROLS.—The au-
thority granted under this title and under section 38
of the Arms Export Control Act (22 U.S.C. 2778)
shall be exercised in such a manner as to achieve ef-
fective coordination between the licensing systems
under this title and such section 38 and to share in-
formation regarding the trustworthiness of parties.
(2) 
ELIMINATION
OF
OVERLAPPING
CON-
TROLS.—Notwithstanding any other provision of
law, no item may be included on both the control
index and the United States Munitions List after
the date of the enactment of this Act.
184
(3) COMMODITY JURISDICTION DISPUTE RESO-
LUTION.—The President shall establish procedures
for the resolution of commodity jurisdiction disputes
among departments and agencies of the United
States. Such disputes shall normally be resolved
within 60 days, and the procedures shall allow dis-
putes to be referred to the President normally within
90 days. These procedures shall also—
(A) require the Secretary and the Sec-
retary of State to refer matters to each other
in accordance with their respective jurisdictions;
(B) require transparency, among the Sec-
retary, the Secretary of State, and the Sec-
retary of Defense, in commodity jurisdiction
cases and commodity classification requests and
determinations;
(C) provide for interagency meetings and
consultations to permit the free exchange of
views regarding significant jurisdictional issues;
and
(D) provide deadlines for action and stand-
ards for decision, and ensure that disputes that
cannot be resolved may be referred to the Presi-
dent by the Secretary of State, the Secretary of
Defense, or the Secretary.
185
(b) IN GENERAL.—Except as otherwise provided in
this title, nothing in this title shall be construed to modify,
repeal, supersede, or otherwise affect the provisions of any
other laws authorizing control over exports of any com-
modities, technology, or other information.
(c) LICENSING PROCESS.—The provisions of section
109 shall supersede the procedures published pursuant to
section 309(c) of the Nuclear Non-Proliferation Act of
1978 (42 U.S.C. 2139a(c)) to the extent such procedures
are inconsistent with the provisions of section 109.
(d) AMENDMENTS TO THE INTERNATIONAL EMER-
GENCY ECONOMIC POWERS ACT.—
(1) EXERCISE OF PRESIDENTIAL AUTHORITY.—
(A) Section 204(b) of the International Emergency
Economic Powers Act (50 U.S.C. 1703(b)) is
amended—
(i) by striking ‘‘and’’ at the end of para-
graph (4);
(ii) by striking the period at the end of
paragraph (5) and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(6) if the action is being taken unilaterally—
‘‘(A) why the President believes the action
is necessary to meet the unusual and extraor-
dinary threat referred to in paragraph (2); and
186
‘‘(B) what steps the President is taking to
gain multilateral support for the action.’’.
(B) Section 204(c) of that Act (50 U.S.C.
1703(c)) is amended—
(i) by striking ‘‘(5)’’ and inserting ‘‘(6)’’;
and
(ii) by striking the period and inserting ‘‘,
and, in the case of controls referred to in para-
graph (6) of subsection (b), the President shall
report to the Congress on the economic losses
that have occurred as a result of the unilateral
action’’.
(2) CONFIDENTIALITY OF INFORMATION.—The
International Emergency Economic Powers Act is
amended—
(A) by redesignating section 208 as section
209; and
(B) by inserting after section 207 the fol-
lowing:
‘‘SEC. 208. CONFIDENTIALITY OF INFORMATION.
‘‘(a) EXEMPTIONS FROM DISCLOSURE.—Information
obtained under this title before or after the enactment of
this section may be withheld only to the extent permitted
by statute, except that information submitted, obtained,