150
1980, may be withheld from disclosure only to
the extent permitted by statute, except that in-
formation submitted, obtained, or considered in
connection with an application for an export li-
cense or other export authorization under the
Export Administration Act of 1979 or this title,
including—
(i) the export license or other export
authorization itself,
(ii) classification requests described in
section 109(h)(1),
(iii) information obtained during the
course of an assessment under subsection
(k),
(iv) information or evidence obtained
in the course of any investigation, and
(v) information obtained or furnished
under this title in connection with inter-
national agreements, treaties, or obliga-
tions,
shall be withheld from public disclosure and
shall not be subject to disclosure under section
552 of title 5, United States Code, unless the
release of such information is determined by the
Secretary to be in the national interest.
151
(2) INFORMATION TO CONGRESS AND GAO.—
(A) IN
GENERAL.—Nothing in this title
shall be construed as authorizing the withhold-
ing of information from the Congress or from
the General Accounting Office.
(B) AVAILABILITY TO THE CONGRESS.—
(i) IN GENERAL.—All information ob-
tained at any time under this title or pre-
vious Acts regarding the control of exports,
including any report or license application
required under this title, shall be made
available to any committee or subcommit-
tee of Congress of appropriate jurisdiction
upon the request of the chairman or rank-
ing minority member of such committee or
subcommittee.
(ii) PROHIBITION ON FURTHER DIS-
CLOSURE.—No committee, subcommittee,
or Member of Congress shall disclose any
information obtained under this title or
previous Acts regarding the control of ex-
ports which is submitted on a confidential
basis to the Congress under clause (i) un-
less the full committee to which the infor-
mation is made available determines that
152
the withholding of the information is con-
trary to the national interest.
(C) AVAILABILITY TO THE GAO.—
(i) IN
GENERAL.—Notwithstanding
paragraph (1), information referred to in
subparagraph (B) shall, consistent with
the protection of intelligence, counterintel-
ligence, and law enforcement sources,
methods, and activities, as determined by
the agency that originally obtained the in-
formation, and consistent with the provi-
sions of section 716 of title 31, United
States Code, be made available only by the
agency, upon request, to the Comptroller
General of the United States or to any of-
ficer or employee of the General Account-
ing Office authorized by the Comptroller
General to have access to such informa-
tion.
(ii) PROHIBITION ON FURTHER DIS-
CLOSURES.—No officer or employee of the
General Accounting Office shall disclose,
except to the Congress in accordance with
this paragraph, any such information
which is submitted on a confidential basis
153
and from which any individual can be iden-
tified.
(3) INFORMATION
EXCHANGE.—Notwithstand-
ing paragraph (1), the Secretary and the Commis-
sioner of Customs shall exchange licensing and en-
forcement information with each other which is nec-
essary to facilitate enforcement efforts and effective
license decisions.
(4) PENALTIES
FOR
DISCLOSURE
OF
CON-
FIDENTIAL INFORMATION.—Any officer or employee
of the United States, or any department or agency
thereof, who publishes, divulges, discloses, or makes
known in any manner or to any extent not author-
ized by law any confidential information that—
(A) he or she obtains in the course of his
or her employment or official duties or by rea-
son of any examination or investigation made
by, or report or record made to or filed with,
such department or agency, or officer or em-
ployee thereof, and
(B) is exempt from disclosure under this
subsection,
shall be fined not more than $10,000, or imprisoned
not more than one year, or both, shall be removed
from office or employment, and shall be subject to
154
a civil penalty of not more than $1,000 imposed by
the Secretary under section 110(c).
(h) AUTHORITY FOR SEMINAR AND PUBLICATIONS
FUND.—The Secretary is authorized to cooperate with
public agencies, other governments, international organi-
zations, private individuals, private associations, and other
groups in connection with seminars, publications, and re-
lated activities to carry out export activities, including
educating the public or government officials on the appli-
cation of this title and the regulations issued under this
title. The Secretary is further authorized to accept con-
tributions of funds, property, or services in connection
with such activities to recover the cost of such programs
and activities. Contributions may include payments for
materials or services provided as part of such activities.
The contributions collected may be retained for use in cov-
ering the costs of such activities, and for providing infor-
mation to the public with respect to this title and other
export control programs of the United States and other
governments.
(i) SUPPORT OF OTHER COUNTRIES’ EXPORT CON-
TROL PROGRAM.—The Secretary is authorized to partici-
pate in and provide training to officials of other countries
on the principles and procedures for the implementation
of effective export controls and may participate in any
155
such training provided by other departments and agencies
of the United States.
(j) 
INCORPORATED
COMMODITIES
AND
TECH-
NOLOGY.—
(1) COMMODITIES
CONTAINING
CONTROLLED
PARTS AND COMPONENTS.—Controls may not be im-
posed under this title or any other provision of law
for a commodity solely because the commodity con-
tains parts or components subject to export controls
under this title if such parts or components—
(A) are essential to the functioning of the
commodity,
(B) are customarily included in sales of the
commodity in countries other than controlled
countries, and
(C) comprise 25 percent or less of the total
value of the commodity,
unless the commodity itself, if exported, would by
virtue of the functional characteristics of the com-
modity as a whole make a significant contribution to
the military or proliferation potential of a controlled
country or end user which would prove detrimental
to the national security of the United States.
(2) REEXPORTS OF FOREIGN-MADE ITEMS IN-
CORPORATING U.S. ITEMS.—
156
(A) COMMODITIES.—(i) No authority or
permission may be required under section 105
or section 106 to reexport to a country other
than a terrorist country or an embargoed coun-
try a commodity that is produced in a country
other than the United States and incorporates
commodities that are subject to the jurisdiction
of the United States, if the value of the con-
trolled United States content of the commodity
produced in such other country is 25 percent or
less of the total value of the commodity.
(ii) No authority or permission may be re-
quired under section 105 or section 106 to reex-
port to a terrorist country or to an embargoed
country a commodity that is produced in a
country other than the United States and incor-
porates commodities that are subject to the ju-
risdiction of the United States, if the value of
the controlled United States content of the
commodity produced in such other country is
10 percent or less of the total value of the com-
modity.
(B) TECHNOLOGY.—(i) No authority or
permission may be required under section 105
or section 106 to reexport to a country other
157
than a terrorist country or an embargoed coun-
try technology that is produced in a country
other than the United States and is commingled
with or drawn from technology that is produced
in the United States, if the value of the con-
trolled United States content of the technology
produced in such other country is 25 percent or
less of the total value of the technology.
(ii) No authority or permission may be re-
quired under section 105 or section 106 to reex-
port to a terrorist country or an embargoed
country technology that is produced in a coun-
try other than the United States and is com-
mingled with or drawn from technology that is
produced in the United States, if the value of
the controlled United States content of the
technology produced in such other country is 10
percent or less of the total value of the tech-
nology.
(C) DEFINITIONS.—For purposes of this
paragraph—
(i) the ‘‘controlled United States con-
tent’’ of a commodity or technology means
those commodities or technology that—
158
(I) are subject to the jurisdiction
of the United States;
(II) are incorporated into the
commodity or technology; and
(III) would, at the time of the re-
export, require a license under section
105 or 106 if exported from the Unit-
ed States to a country to which the
commodity or technology is to be reex-
ported;
(ii) an ‘‘embargoed country’’ is a
country against which an embargo is in ef-
fect under the Trading with the Enemy
Act, the International Emergency Eco-
nomic Powers Act, or other provision of
law; and
(iii) a ‘‘terrorist country’’ is a country
with respect to which a determination is in
effect that was made under section
106(i)(1)(A) of this Act, or section
6(j)(1)(A) of the Export Administration
Act of 1979, that the government of such
country has repeatedly provided support
for acts of international terrorism.
159
(3) TREATMENT OF TECHNOLOGY AND SOURCE
CODE.—For purposes of this subsection, technology
and source code used to design or produce foreign-
made commodities are not deemed to be incor-
porated into such foreign-made commodities.
(4) 
REPORTING
REQUIREMENTS.—Notwith-
standing paragraphs (1) through (3), the Secretary
may require persons to report to the Department of
Commerce their proposed calculations and underly-
ing data sufficient for the Department of Commerce
to evaluate the adequacy of those calculations and
data related to commodities and technology before a
reexporter may rely upon the exclusions from con-
trols provided in this subsection.
(5) EXCEPTIONS.—Paragraphs (1) and (2) do
not require any changes to regulations in effect on
the effective date of this title and, notwithstanding
paragraphs (1) and (2), controls may be imposed on
commodities or technology transferred, after March
1, 1996, from export control under the Arms Export
Control Act to control under this title if those com-
modities or technology are designated by the Presi-
dent for exemption from paragraph (1) or (2), as
the case may be.
160
(k) UNFAIR
IMPACT
ON
UNITED
STATES
EX-
PORTER.—
(1) POLICY.—It is the policy of the United
States that no United States exporter should be af-
fected unfairly by export control policies or practices
unless relief from such controls would create a sig-
nificant risk to the foreign policy, nonproliferation,
or national security interests of the United States.
(2) RELIEF FROM EXPORT CONTROLS.—(A) A
person may petition the Secretary for relief from
current export control requirements (other than con-
trol requirements specifically imposed by this title or
other provisions of law) on the basis of foreign avail-
ability. A person may also petition the Secretary for
approval of an export license application on other
grounds which the Secretary, with the concurrence
of the Secretary of Defense, shall establish by regu-
lation. The Secretary shall, upon receipt of such pe-
titions, and may, on his or her initiative, conduct as-
sessments for providing relief based upon these
grounds.
(B) For purposes of this subsection, foreign
availability exists when the controlled item is avail-
able in fact, under terms and conditions established
by the Secretary with the concurrence of the Sec-
161
retary of Defense, to controlled countries or end
users from sources outside the United States so that
the requirement for a license is or would be ineffec-
tive in achieving the purpose of the control.
(3) PROVISIONS FOR RELIEF.—The Secretary,
in consultation with appropriate departments and
agencies, shall make determinations of facts under
paragraph (2), addressing, in the case of a petition
filed under paragraph (2), each ground for relief as-
serted in the petition, and, subject to paragraph (4),
shall provide at least one of the following forms of
relief to persons that meet the criteria in paragraph
(2):
(A) Change the control status of, or licens-
ing requirements on, all or some of the items in
question so as to eliminate the unfair impact.
(B) Selectively approve the sale of con-
trolled items so as to eliminate the unfair im-
pact.
(C) Seek multilateral support to eliminate
the source of unfair impact. If relief under this
subparagraph is chosen and if such efforts fail
to achieve multilateral support, then the Sec-
retary, not later than 330 days from the date
of the Secretary’s initiation of the assessment
164
mination for review to the Department of De-
fense and other appropriate departments and
agencies for consultations regarding the find-
ings and the relief selected. If the Secretary of
Defense or other department or agency head
disagrees with the Secretary’s determination, he
or she may appeal the determination to the
President in writing, but only on the basis of
the criteria set forth in paragraph (4). The
President shall resolve any such disagreement
so that, in all cases, not later than 150 days
after the date of the Secretary’s receipt of the
petition requesting relief or the date of the Sec-
retary’s initiation of the assessment (as the
case may be), the Secretary responds in writing
to the petitioner and submits for publication in
the Federal Register, that—
(i) unfair impact exists and—
(I) the requirement of a license
has been removed;
(II) the control status of all or
some of the items in question has
been changed so as to eliminate the
unfair impact;
165
(III) the sale of controlled items
has been approved so as to eliminate
the unfair impact;
(IV) export controls under this
title are to be maintained notwith-
standing the finding under paragraph
(2); or
(V) 
the 
United 
States 
rec-
ommendation to remove the license re-
quirement or change the control sta-
tus will be submitted to a relevant
multilateral regime for consideration
for a period of not more than 180
days beginning on the date of the
publication; or
(ii) a right to relief under paragraph
(2) does not exist.
The reasons for maintaining export controls
under clause (i)(IV) shall be included in the
submission to the petitioner and the publica-
tion. In any case in which the submission for
publication is not made within the 150-day pe-
riod required by this subparagraph, the Sec-
retary may not thereafter require a license for
166
the export of items that are the subject of the
allegation under paragraph (2).
(D) NEGOTIATIONS TO ELIMINATE UNFAIR
IMPACT.—(i) In any case in which export con-
trols are maintained under this section pursu-
ant to paragraph (4) despite a determination of
unfair impact, the Secretary of State shall ac-
tively pursue negotiations with the governments
of the appropriate foreign countries for the pur-
pose of eliminating the unfair impact. No later
than the commencement of such negotiations,
the Secretary of State shall notify the Congress
in writing that the Secretary of State has begun
such negotiations and why it is important that
export controls on the items involved be main-
tained to avoid a significant risk to the foreign
policy, nonproliferation, or national security in-
terests of the United States.
(ii) Whenever the Secretary of State has
reason to believe that items subject to export
controls by the United States may become
available in fact from other countries to con-
trolled countries and that such availability can
be prevented or eliminated by means of negotia-
tions with such other countries, the Secretary of
167
State shall promptly initiate negotiations with
the governments of such other countries to pre-
vent such foreign availability.
(6) SHARING OF INFORMATION.—Each depart-
ment or agency of the United States, including any
intelligence agency, and all contractors with any
such department or agency, shall, upon the request
of the Secretary and consistent with the protection
of intelligence sources and methods, furnish informa-
tion to the Department of Commerce concerning for-
eign availability of items subject to export controls
under this title. Consistent with the protection of in-
telligence sources and methods and classification re-
strictions, each such department or agency shall
allow the Department of Commerce access to such
information from a laboratory or other facility with-
in such department or agency.
(7) CONGRESSIONAL
NOTIFICATION
AND
RE-
PORTING REQUIREMENTS.—The Secretary shall each
year notify the Congress of all petitions for relief
under this subsection and the status of all such peti-
tions.
(l) EXCEPTIONS FOR MEDICAL AND HUMANITARIAN
PURPOSES.—This title does not authorize controls on—
(1) medicine or medical supplies; or
168
(2) donations of items that are intended to
meet basic human needs, including food, educational
materials, seeds, hand tools, water resources equip-
ment, clothing and shelter materials, and basic
household supplies.
(m) SANCTITY OF EXISTING CONTRACTS AND LI-
CENSES.—
(1) IN GENERAL.—In the case of a control im-
posed under section 106 on the export of any items,
the President may not prohibit the export of those
items—
(A) in performance of a contract, agree-
ment, or other contractual commitment entered
into before the date on which the control is ini-
tially imposed, or the date on which the Presi-
dent reports to the Congress the President’s in-
tention to impose the control, whichever date
occurs first, or
(B) under a license or other authorization
issued under this title before the date on which
the control is initially imposed, or the date on
which the President reports to the Congress the
President’s intention to impose the control,
whichever date occurs first.
169
(2) EXCEPTION.—The prohibition in paragraph
(1) shall not apply if the President determines and
certifies to the Congress that—
(A) a breach of the peace poses a serious
and direct threat to the strategic interest of the
United States;
(B) the prohibition of exports under each
such contract, agreement, commitment, license,
or authorization will be directly instrumental in
remedying the situation posing the direct
threat; and
(C) the export controls will continue only
so long as the direct threat persists.
The authority of the President to make determina-
tions under this paragraph may not be delegated.
(n) PUBLICATION OF DECISIONS AND ACTIONS OF
THE SECRETARY.—
(1) IN GENERAL.—The Secretary shall publish
in the Federal Register, to the greatest extent prac-
ticable, actions, procedures, and decisions of the Sec-
retary under this title, taking into account restric-
tions on disclosure of classified or confidential infor-
mation. The Secretary shall publish in the Federal
Register calculations by the Secretary of commonly-
used control index parameters for commodities and
170
technologies, including all officially accepted compos-
ite theoretical performance calculations for comput-
ers and microprocessors, except in a case in which
a private party requested the calculation and asked
that it not be published.
(2) NOTICE OF REVISIONS.—Whenever the Sec-
retary makes any revision in the control index with
respect to any commodity or technology, or with re-
spect to any country or destination affected by con-
trols imposed under section 105 or section 106, the
Secretary shall publish in the Federal Register a no-
tice of such revision and shall specify in such notice
under which authority the revision is being made.
(o) NOTIFICATION OF THE PUBLIC; CONSULTATION
WITH INDUSTRY; RECORDKEEPING.—
(1) NOTIFICATION OF THE PUBLIC.—The Sec-
retary shall keep the public fully apprised of changes
in export control policy and procedures instituted
under this title with a view to encouraging trade.
(2) CONSULTATION WITH INDUSTRY.—The Sec-
retary shall meet regularly with export advisory com-
mittees appointed under section 104(f) in order to
obtain their views on United States export control
policy and the foreign availability of commodities
and technology.
171
(p) EXPORT CONTROL DUTIES.—
(1) ASSIGNMENT.—The Secretary shall ensure
that at least one full-time representative of the De-
partment of Commerce stationed in the People’s Re-
public of China has duties related to the implemen-
tation of export controls under this title. These du-
ties shall include giving priority to conducting
postshipment verifications and prelicense checks,
and to using other means to ensure that United
States exports from the United States of dual use
items are not diverted to unauthorized end uses or
end users.
(2) OTHER RESOURCES.—The Secretary shall
ensure that appropriate resources are made available
and, if necessary, new procedures established to as-
sist the representative or representatives of the De-
partment of Commerce referred to in paragraph (1)
in carrying out their duties and to ensure that sen-
sitive items are not diverted to inappropriate end
uses or end users in the People’s Republic of China.
Efforts to carry out this paragraph shall include ap-
propriate coordination with United States officials in
Hong Kong to ensure that sensitive items exported
to Hong Kong are protected from diversion.
172
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums
as may be necessary to carry out paragraph (1).
(q) AUTHORIZATION FOR TECHNICAL DATA.—A li-
cense authorizing the export of any commodities or tech-
nology under this title shall also authorize the export of
operation technical data related to such commodities or
technology, if the technical level of the data does not ex-
ceed the minimum necessary to install, repair, maintain,
inspect, operate, or use the commodities or technology.
(r) LICENSES FOR SPARE PARTS NOT REQUIRED.—
A license shall not be required under this title for replace-
ment parts which are exported to replace on a one-for-
one basis parts that were in a commodity that was lawfully
exported from the United States, unless the President de-
termines that such a license should be required for such
parts.
SEC. 115. ANNUAL REPORT.
(a) CONTENTS.—Not later than March 1 of each
year, the Secretary shall submit to the Congress a report
on the administration of this title during the preceding
calendar year. All agencies shall cooperate fully with the
Secretary in providing information for such report. Such
report shall include detailed information on the following:
173
(1) The implementation of the policies set forth
in section 103, including delegations of authority by
the President under section 104(d), consultations
with the export advisory committees established
under section 104(f), and any changes in the exer-
cise of the authorities contained in sections 105(a),
106(a), 107(a), and 108(a).
(2) With respect to multilateral export controls
imposed or maintained under section 105, the fol-
lowing:
(A) Adjustments to multilateral export
controls.
(B) The exercise of the Secretary’s author-
ity under section 105(e).
(3) Determinations made under section 114(k),
the criteria used to make such determinations, the
removal of any export controls under such section,
and any evidence demonstrating a need to maintain
export 
controls 
notwithstanding 
determinations
made under paragraph (2) of section 114(k).
(4) Short supply controls and monitoring under
section 107.
(5) Organizational and procedural changes un-
dertaken in furtherance of the policies set forth in
this title, including changes to increase the efficiency
174
of the export licensing process and to fulfill the re-
quirements of section 109, including an accounting
of appeals received, and actions taken pursuant
thereto, under section 109(g).
(6) Violations under section 110 and enforce-
ment activities under section 113.
(7) The issuance of regulations under this title.
(8) The results, in as much detail as may be in-
cluded consistent with the strategic and political in-
terests of the United States and the need to main-
tain the confidentiality of proprietary information, of
the reviews of the multilateral control list, and any
revisions to the list resulting from such reviews, re-
quired by section 105.
(b) COMPARATIVE REPORT ON EXPORT CONTROL
SYSTEMS AMONG COUNTRIES.—The Secretary shall in-
clude, in each annual report under subsection (a), a de-
scription of significant differences between the export con-
trol laws and regulations of the United States and its
major trade competitors, particularly as these differences
relate to the implementation of multilateral export control
regimes. The Secretary shall include—
(1) an assessment of the impact of these dif-
ferences on important interests of the United States;
175
(2) a description of the extent to which the ex-
ecutive branch intends to address these differences;
and
(3) a listing of unilateral controls and embar-
goes imposed by the United States that are in effect,
with a quantification of their economic impact, in-
cluding the effect of such controls and embargoes on
employment in the United States.
(c) GAO REPORT.—The Comptroller General shall
prepare and submit to the Congress, not later than 120
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
176
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-
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—
177
(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’’.
(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—
178
(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
(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 Suppliers’ Group.
179
(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.
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.
180
(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
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-
181
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
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.
182
(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.
(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
183
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.
(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-
184
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.
(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;
185
(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.
(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—
186
(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
‘‘(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—
187
(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,
or considered in connection with any transaction that
would otherwise be prohibited under this title, including—
‘‘(1) the license or other authorization itself,
‘‘(2) classification requests or other inquiries on
the applicability of export license requirements to a
proposed transaction or series of transactions,
‘‘(3) information or evidence obtained in the
course of any investigation, and
‘‘(4) information obtained or furnished under
this title in connection with international agree-
ments, treaties, or obligations,
shall be withheld from public disclosure, and shall not be
subject to disclosure under section 552 of title 5, United
States Code, unless the release of such information is de-
termined by the Secretary of Commerce or the Secretary
of the Treasury to be in the national interest. In the case