Enforcement of the Department of Com-
merce, pursuant to agreements or other ar-
rangements with other countries, is author-
ized to perform enforcement activities; 
‘‘(iii) the search, detention (after search), 
or seizure of goods or technology at those ports 
and places specified in paragraph (2)(A) may 
be conducted by officers or employees of the 
Department of Commerce designated by the 
Secretary, with the concurrence of U.S. Cus-
toms and Border Protection; and 
‘‘(iv) enforcement activities conducted out-
side the United States, except for pre-license in-
vestigations and post-shipment verifications, 
shall be undertaken in coordination with U.S. 
Immigration and Customs Enforcement. 
‘‘(B) The Secretary may designate any em-
ployee of the Office of Export Enforcement of the 
Department of Commerce to do the following in car-
rying out the enforcement authority conferred by 
this Act: 
‘‘(i) Execute any warrant or other process 
issued by a court or officer of competent juris-
diction.
‘‘(ii) Make arrests without warrant for any 
offense against the United States committed in 
such officer’s presence or view or any felony of-
fense against the United States if such officer 
has probable cause to believe that the person to 
be arrested has committed or is committing 
that felony offense. 
‘‘(iii) Carry firearms. 
‘‘(4) The authorities conferred by the Export 
Administration Renewal Act of 2005 under para-
graph (3) shall be exercised consistent with guide-
lines approved by the Attorney General.’’; 
(B) by striking paragraphs (6) and (7); 
(C) by striking paragraph (8) and insert-
ing the following: 
‘‘(6)(A) The Secretary, in consultation with the 
technical advisory committees established under sec-
tion 5(h) and exporters, shippers, trade facilitators, 
freight forwarders, and reexporters representative of 
their respective industries, shall continue to publish 
and update ‘best practices’ guidelines to help those 
industries develop and implement, on a voluntary 
basis, effective export control programs in compli-
ance with this Act.
‘‘(B) The existence of an effective export com-
pliance program and high quality overall export com-
pliance efforts is one factor which ordinarily should 
be accorded great weight as a mitigating factor in 
civil penalty enforcement actions under this Act. 
‘‘(7) For purposes of this section, a reference to 
the enforcement of this Act or to a violation of this 
Act includes a reference to the enforcement or a vio-
lation of any regulation, order, or license issued 
under this Act, and the enforcement or violation of 
the Export Administration Regulations as main-
tained and amended under the authority of the 
International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.), or any order or license issued 
pursuant to those regulations.’’; 
(2) in subsection (c)— 
(A) by striking ‘‘(c) CONFIDENTIALITY’’ 
and all that follows through paragraph (2) and 
inserting the following: 
‘‘(c) CONFIDENTIALITY OF INFORMATION.— 
‘‘(1) EXEMPTIONS FROM DISCLOSURE.— 
‘‘(A) INFORMATION OBTAINED ON OR BE-
FORE JUNE 30, 1980.—Except as otherwise pro-
vided by the third sentence of section 8(b)(2) 
and by section 11(c)(2)(C), information ob-
tained under this Act, or any predecessor stat-
ute, on or before June 30, 1980, which is 
deemed confidential, including Shipper’s Export 
Declarations, or with respect to which a request 
for confidential treatment is made by the per-
son furnishing such information, shall not be 
subject to disclosure under section 552 of title 
5, United States Code, and such information 
shall not be published or disclosed, unless the 
Secretary determines that the withholding 
thereof is contrary to the national interest. 
‘‘(B) 
INFORMATION
OBTAINED
AFTER 
JUNE 30, 1980.—Except as otherwise provided 
by the third sentence of section 8(b)(2) and by 
section 11(c)(2)(C), information obtained under 
this Act after June 30, 1980, or under the Ex-
port Administration Regulations as maintained 
and amended under the authority of the Inter-
national Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.), may be withheld from dis-
closure only to the extent permitted by statute, 
except that information submitted or obtained 
in connection with an application for an export 
license, other export authorization (or record-
keeping or reporting requirement), enforcement