(d) ACTION BY THE SECRETARY.—Not later than 30 
days after the date the application is referred, the Sec-
retary shall—
(1) if there is agreement among the referral de-
partments and agencies to issue or deny the li-
cense—
(A) issue the license and ensure all appro-
priate personnel in the Department (including 
the Office of Export Enforcement) are notified 
of all approved license applications; or 
(B) notify the applicant of the intention to 
deny the license; or
(2) if there is no agreement among the referral 
departments and agencies, notify the applicant that 
the application is subject to the interagency dispute 
resolution process provided for in section 402. 
(e) CONSEQUENCES OF APPLICATION DENIAL.—
(1) IN GENERAL.—If a determination is made 
to deny a license, the applicant shall be informed in 
writing, consistent with the protection of intelligence 
information sources and methods, by the Secretary 
of—
(A) the determination; 
(B) the specific statutory and regulatory 
bases for the proposed denial;
(C) what, if any, modifications to, or re-
strictions on, the items for which the license
was sought would allow such export to be com-
patible with export controls imposed under this 
Act, and which officer or employee of the De-
partment would be in a position to discuss 
modifications or restrictions with the applicant 
and the specific statutory and regulatory bases 
for imposing such modifications or restrictions; 
(D) to the extent consistent with the na-
tional security and foreign policy interests of 
the United States, the specific considerations 
that led to the determination to deny the appli-
cation; and 
(E) the availability of appeal procedures. 
(2) PERIOD
FOR
APPLICANT
TO
RESPOND.—
The applicant shall have 20 days from the date of 
the notice of intent to deny the application to re-
spond in a manner that addresses and corrects the 
reasons for the denial. If the applicant does not ade-
quately address or correct the reasons for denial or 
does not respond, the license shall be denied. If the 
applicant does address or correct the reasons for de-
nial, the application shall be considered in a timely 
manner.
(f) APPEALS AND OTHER ACTIONS BY APPLICANT.—
(1) IN GENERAL.—The Secretary shall establish 
appropriate procedures for an applicant to appeal to 
the Secretary the denial of an application or other 
administrative action under this Act. In any case in 
which the Secretary proposes to reverse the decision 
with respect to the application, the appeal under this 
subsection shall be handled in accordance with the 
interagency dispute resolution process provided for 
in section 402(b)(3). 
(2) ENFORCEMENT OF TIME LIMITS.—
(A) IN GENERAL.—In any case in which 
an action prescribed in this section is not taken 
on an application within the time period estab-
lished by this section (except in the case of a 
time period extended under subsection (g) of 
which the applicant is notified), the applicant 
may file a petition with the Secretary request-
ing compliance with the requirements of this 
section. When such petition is filed, the Sec-
retary shall take immediate steps to correct the 
situation giving rise to the petition and shall 
immediately notify the applicant of such steps. 
(B) BRINGING COURT ACTION.—If, within 
20 days after a petition is filed under subpara-
graph (A), the processing of the application has 
not been brought into conformity with the re-
quirements of this section, or the processing of 
the application has been brought into con-
formity with such requirements but the Sec-
retary has not so notified the applicant, the ap-
plicant may bring an action in an appropriate 
United States district court for an order requir-
ing compliance with the time periods required 
by this section. 
(g) EXCEPTIONS FROM REQUIRED TIME PERIODS.—
The following actions related to processing an application 
shall not be included in calculating the time periods pre-
scribed in this section: 
(1) AGREEMENT OF THE APPLICANT.—Delays 
upon which the Secretary and the applicant mutu-
ally agree. 
(2) PRELICENSE CHECKS.—A prelicense check 
(for a period not to exceed 60 days) that may be re-
quired to establish the identity and reliability of the 
recipient of items controlled under this Act, if—
(A) the need for the prelicense check is de-
termined by the Secretary or by another depart-
ment or agency in any case in which the re-
quest for the prelicense check is made by such 
department or agency; 
(B) the request for the prelicense check is 
initiated by the Secretary within 5 days after 
the determination that the prelicense check is 
required; and 
(C) the analysis of the result of the 
prelicense check is completed by the Secretary 
within 5 days. 
(3) REQUESTS FOR GOVERNMENT-TO-GOVERN-
MENT ASSURANCES.—Any request by the Secretary 
or another department or agency for government-to-
government assurances of suitable end-uses of items 
approved for export, when failure to obtain such as-
surances would result in rejection of the application, 
if—
(A) the request for such assurances is sent 
to the Secretary of State within 5 days after 
the determination that the assurances are re-
quired; 
(B) the Secretary of State initiates the re-
quest of the relevant government within 10 
days thereafter; and
(C) the license is issued within 5 days 
after the Secretary receives the requested assur-
ances. 
(4) EXCEPTION.—Whenever a prelicense check 
described in paragraph (2) or assurances described 
in paragraph (3) are not requested within the time 
periods set forth therein, then the time expended for 
such prelicense check or assurances shall be included 
in calculating the time periods established by this 
section. 
(5) MULTILATERAL REVIEW.—Multilateral re-
view of a license application to the extent that such
multilateral review is required by a relevant multilat-
eral regime. 
(6) 
CONGRESSIONAL
NOTIFICATION.—Such 
time as is required for mandatory congressional noti-
fications under this Act. 
(7) CONSULTATIONS.—Consultation with for-
eign governments, if such consultation is provided 
for by a relevant multilateral regime as a pre-
condition for approving a license. 
(h) CLASSIFICATION REQUESTS AND OTHER INQUIR-
IES.—
(1) CLASSIFICATION REQUESTS.—In any case 
in which the Secretary receives a written request