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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
(D) 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 trans-
ferred.
(f) EFFECT ON OTHER LAWS.—The provisions of
this section do not affect any activities subject to the re-
porting requirements contained in title V of the National
Security Act of 1947.
(g) SEEKING MULTILATERAL SUPPORT FOR UNILAT-
ERAL SANCTIONS.—The Secretary of State, in consulta-
tion with appropriate departments and agencies, shall seek
the support of other countries for sanctions imposed under
this section.
SEC. 112. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) APPLICABILITY.—
(1) EXEMPTIONS FROM ADMINISTRATIVE PRO-
CEDURE.—Except as provided in this section, the
126
functions exercised under this title are excluded
from the operation of sections 551, 553 through
559, and 701 through 706 of title 5, United States
Code.
(2) JUDICIAL
REVIEW.—Except as otherwise
provided in this section, a final agency action under
this title may be reviewed by appeal to the United
States Court of Appeals for the District of Columbia
Circuit, to the extent provided in this paragraph.
The court’s review in any such appeal shall be lim-
ited to determining whether—
(A) a regulation—
(i) fails to take an action required by
this title;
(ii) takes an action prohibited by this
title; or
(iii) otherwise violates this title;
(B) an agency action violates this title;
(C) an agency action violates an agency
regulation establishing time requirements or
other procedural requirements of a non-discre-
tionary nature;
(D) the issuance of regulations required by
this title complies with time restrictions im-
posed by this title;
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(E) license decisions are made and appeals
thereof are concluded in compliance with time
restrictions imposed by this title;
(F) classifications and advisory opinions
are issued in compliance with time restrictions
imposed by this title;
(G) unfair impact determinations under
section 114(k) are in compliance with time re-
strictions imposed by that section; or
(H) the United States has complied with
the requirements of section 114(k) after an un-
fair impact determination has been made.
(3) RESTRICTIONS ON JUDICIAL REVIEW.—In
no case may a court substitute its judgment for any
decision made under this title relating to foreign pol-
icy, national security, or proliferation of weapons of
mass destruction, including any determination of
items to be included or removed from the control
index.
(b) PROCEDURES RELATING TO CIVIL PENALTIES
AND SANCTIONS.—
(1) ADMINISTRATIVE
PROCEDURES.—Any ad-
ministrative sanction imposed under section 110(c)
may be imposed only after notice and opportunity
for an agency hearing on the record in accordance
128
with sections 554 through 557 of title 5, United
States Code. The imposition of any such administra-
tive sanction shall be subject to judicial review in ac-
cordance with sections 701 through 706 of title 5,
United States Code.
(2) AVAILABILITY OF CHARGING LETTER.—Any
charging letter or other document initiating adminis-
trative proceedings for the imposition of sanctions
for violations of the regulations issued under section
108(a) shall be made available for public inspection
and copying.
(c) COLLECTION.—If any person fails to pay a civil
penalty imposed under section 110(c), the Secretary may
ask the Attorney General to bring a civil action in an ap-
propriate district court to recover the amount imposed
(plus interest at currently prevailing rates from the date
of the final order). No such action may be commenced
more than 5 years after the order imposing the civil pen-
alty becomes final. In such an action, the validity, amount,
and appropriateness of such penalty shall not be subject
to review.
(d) IMPOSITION OF TEMPORARY DENIAL ORDERS.—
(1) GROUNDS FOR IMPOSITION.—In any case in
which there is reasonable cause to believe that a per-
son is engaged in or is about to engage in any act
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or practice which constitutes or would constitute a
violation of this title, or any regulation, order, or li-
cense issued under this title, including any diversion
of goods or technology from an authorized end use
or end user, or in any case in which a criminal in-
dictment has been returned against a person alleging
a violation of this title or any of the statutes listed
in section 110(f), the Secretary may, without a hear-
ing, issue an order temporarily denying that person’s
United States export privileges (hereafter in this
subsection referred to as a ‘‘temporary denial
order’’). A temporary denial order may be effective
for no longer than 180 days, but may be renewed by
the Secretary, following notice and an opportunity
for a hearing, for additional periods of not more
than 180 days each.
(2) ADMINISTRATIVE APPEALS.—The person or
persons subject to the issuance or renewal of a tem-
porary denial order may appeal the issuance or re-
newal of the temporary denial order, supported by
briefs and other material, to an administrative law
judge who shall, within 15 working days after the
appeal is filed, issue a decision affirming, modifying,
or vacating the temporary denial order. The tem-