(A) grant export licenses for any item that
is substantially identical to or directly competi-
tive with an item controlled pursuant to the re-
gime, where the United States has denied an
export license for such item, or
(B) approve exports to a particular end
user to which the United States has denied ex-
port license for a similar item.
(d) STANDARDS FOR NATIONAL EXPORT CONTROL
SYSTEMS.—The President shall take steps to attain the
cooperation of members of each regime in implementing
effective national export control systems containing the
following features:
(1) EXPORT CONTROL LAW.—Enforcement au-
thority, civil and criminal penalties, and statutes of
limitations are sufficient to deter potential violations
and punish violators under the member’s export con-
trol law.
(2) LICENSE APPROVAL PROCESS.—The system
for evaluating export license applications includes
sufficient technical expertise to assess the licensing
status of exports and ensure the reliability of end
users.
(3) ENFORCEMENT.—The enforcement mecha-
nism provides authority for trained enforcement offi-
cers to investigate and prevent illegal exports.
(4) DOCUMENTATION.—There is a system of
export control documentation and verification with
respect to controlled items.
(5) INFORMATION.—There are procedures for
the coordination and exchange of information con-
cerning licensing, end users, and enforcement with
other members of the multilateral export control re-
gime.
(6) RESOURCES.—The member has devoted
adequate resources to administer effectively the au-
thorities, systems, mechanisms, and procedures de-
scribed in paragraphs (1) through (5).
(e) OBJECTIVES REGARDING MULTILATERAL EX-
PORT CONTROL REGIMES.—The President shall seek to
achieve the following objectives with regard to multilateral
export control regimes:
(1) 
STRENGTHEN
EXISTING
REGIMES.—
Strengthen existing multilateral export control
regimes—
(A) by creating a requirement to share in-
formation about export license applications
among members before a member approves an
export license; and
(B) harmonizing national export license
approval procedures and practices, including
the elimination of undercutting.
(2) REVIEW AND UPDATE.—Review and update
multilateral regime export control lists with other
members, taking into account—
(A) national security concerns;
(B) the controllability of items; and
(C) the costs and benefits of controls.
(3) ENCOURAGE
COMPLIANCE
BY
NONMEM-
BERS.—Encourage nonmembers of the multilateral
export control regime—
(A) to strengthen their national export
control regimes and improve enforcement;
(B) to adhere to the appropriate multilat-
eral export control regime; and
(C) not to undermine an existing multilat-
eral export control regime by exporting con-
trolled items in a manner inconsistent with the
guidelines of the regime.
(f) TRANSPARENCY
OF
MULTILATERAL
EXPORT
CONTROL REGIMES.—
(1) PUBLICATION OF INFORMATION ON EACH
EXISTING REGIME.—Not later than 120 days after
the date of enactment of this Act, the Secretary
shall, for each multilateral export control regime, to
the extent that it is not inconsistent with the ar-
rangements of that regime (in the judgment of the
Secretary of State) or with the national interest,
publish in the Federal Register and post on the De-
partment of Commerce website the following infor-
mation with respect to the regime:
(A) The purposes of the regime.
(B) The members of the regime.
(C) The export licensing policy of the re-
gime.
(D) The items that are subject to export
controls under the regime, together with all
public notes, understandings, and other aspects
of the agreement of the regime, and all changes
thereto.
(E) Any countries, end uses, or end users
that are subject to the export controls of the re-
gime.
(F) Rules of interpretation.
(G) Major policy actions.
(H) The rules and procedures of the re-
gime for establishing and modifying any matter
described in subparagraphs (A) through (G)
and for reviewing export license applications.
(2) NEW REGIMES.—Not later than 60 days
after the United States joins or organizes a new
multilateral export control regime, the Secretary
shall, to the extent that it is not inconsistent with
arrangements under the regime (in the judgment of
the Secretary of State) or with the national interest,
publish in the Federal Register and post on the De-
partment of Commerce website the information de-
scribed in subparagraphs (A) through (H) of para-
graph (1) with respect to the regime.
(3) PUBLICATION
OF
CHANGES.—Not later
than 60 days after a multilateral export control re-
gime adopts any change in the information published
under this subsection, the Secretary shall, to the ex-
tent not inconsistent with the arrangements under
the regime or the national interest, publish such
changes in the Federal Register and post such
changes on the Department of Commerce website.
(g) SUPPORT OF OTHER COUNTRIES’ EXPORT CON-
TROL SYSTEMS.—The Secretary is encouraged to continue
to—
(1) participate in training of, and provide train-
ing to, officials of other countries on the principles
and procedures for implementing effective export
controls; and
(2) participate in any such training provided by
other departments and agencies of the United
States.
SEC. 502. FOREIGN BOYCOTTS.
(a) PURPOSES.—The purposes of this section are as
follows:
(1) To counteract restrictive trade practices or
boycotts fostered or imposed by foreign countries
against other countries friendly to the United States
or against any United States person.
(2) To encourage and, in specified cases, re-
quire United States persons engaged in the export of
items to refuse to take actions, including furnishing
information or entering into or implementing agree-
ments, which have the effect of furthering or sup-
porting the restrictive trade practices or boycotts
fostered or imposed by any foreign country against
a country friendly to the United States or against
any United States person.
(b) PROHIBITIONS AND EXCEPTIONS.—
(1) PROHIBITIONS.—In order to carry out the
purposes set forth in subsection (a), the President
shall issue regulations prohibiting any United States
person, with respect to that person’s activities in the
interstate or foreign commerce of the United States,
from taking or knowingly agreeing to take any of
the following actions with intent to comply with, fur-
ther, or support any boycott fostered or imposed by
a foreign country against a country that is friendly
to the United States and is not itself the object of
any form of boycott pursuant to United States law
or regulation:
(A) Refusing, or requiring any other per-
son to refuse, to do business with or in the boy-
cotted country, with any business concern orga-
nized under the laws of the boycotted country,
with any national or resident of the boycotted
country, or with any other person, pursuant to
an agreement with, or requirement of, or a re-
quest from or on behalf of the boycotting coun-
try (subject to the condition that the intent re-
quired to be associated with such an act in
order to constitute a violation of the prohibition
is not indicated solely by the mere absence of
a business relationship with or in the boycotted
country, with any business concern organized
under the laws of the boycotted country, with
any national or resident of the boycotted coun-
try, or with any other person).
(B) Refusing, or requiring any other per-
son to refuse, to employ or otherwise discrimi-
nate against any United States person on the
basis of the race, religion, sex, or national ori-
gin of that person or of any owner, officer, di-
rector, or employee of such person.
(C) Furnishing information with respect to
the race, religion, sex, or national origin of any
United States person or of any owner, officer,
director, or employee of such person.
(D) Furnishing information (other than
furnishing normal business information in a
commercial context, as defined by the Sec-
retary) about whether any person has, has had,
or proposes to have any business relationship
(including a relationship by way of sale, pur-
chase, legal or commercial representation, ship-
ping or other transport, insurance, investment,
or supply) with or in the boycotted country,
with any business concern organized under the
laws of the boycotted country, with any national
or resident of the boycotted country, or with
any other person that is known or believed to
be restricted from having any business relation-
ship with or in the boycotting country.
(E) Furnishing information about whether
any person is a member of, has made a con-
tribution to, or is otherwise associated with or
involved in the activities of any charitable or
fraternal organization which supports the boy-
cotted country.
(F) Paying, honoring, confirming, or other-
wise implementing a letter of credit which con-
tains any condition or requirement the compli-
ance with which is prohibited by regulations
issued pursuant to this paragraph, and no
United States person shall, as a result of the
application of this paragraph, be obligated to
pay or otherwise honor or implement such letter
of credit.
(2) EXCEPTIONS.—Regulations issued pursuant
to paragraph (1) shall provide exceptions for—
(A) compliance, or agreement to comply,
with requirements—
(i) prohibiting the import of items
from the boycotted country or items pro-
duced or provided, by any business concern
organized under the laws of the boycotted
country or by nationals or residents of the
boycotted country; or
(ii) prohibiting the shipment of items
to the boycotting country on a carrier of
the boycotted country or by a route other
than that prescribed by the boycotting
country or the recipient of the shipment;
(B) compliance, or agreement to comply,
with import and shipping document require-
ments with respect to the country of origin, the
name of the carrier and route of shipment, the
name of the supplier of the shipment, or the
name of the provider of other services, except
that, for purposes of applying any exception
under this subparagraph, no information know-
ingly furnished or conveyed in response to such
requirements may be stated in negative, black-
listing, or similar exclusionary terms, other
than with respect to carriers or route of ship-
ment as may be permitted by such regulations
in order to comply with precautionary require-
ments protecting against war risks and confis-
cation;
(C) compliance, or agreement to comply, in
the normal course of business with the unilat-
eral and specific selection by a boycotting coun-
try, or a national or resident thereof, or car-
riers, insurers, suppliers of services to be per-
formed within the boycotting country, or spe-
cific items which, in the normal course of busi-
ness, are identifiable by source when imported
into the boycotting country;
(D) compliance, or agreement to comply,
with export requirements of the boycotting
country relating to shipment or transshipment
of exports to the boycotted country, to any busi-
ness concern of or organized under the laws of
the boycotted country, or to any national or
resident of the boycotted country;
(E) compliance by an individual, or agree-
ment by an individual to comply, with the immi-
gration or passport requirements of any country
with respect to such individual or any member
of such individual’s family or with requests for
information regarding requirements of employ-
ment of such individual within the boycotting
country; and
(F) compliance by a United States person
resident in a foreign country, or agreement by
such a person to comply, with the laws of the
country with respect to the person’s activities
exclusively therein, and such regulations may
contain exceptions for such resident complying
with the laws or regulations of the foreign coun-
try governing imports into such country of
trademarked, trade-named, or similarly specifi-
cally identifiable products, or components of
products for such person’s own use, including
the performance of contractual services within
that country.
(3) LIMITATION ON EXCEPTIONS.—Regulations
issued pursuant to paragraphs (2)(C) and (2)(F)
shall not provide exceptions from paragraphs (1)(B)
and (1)(C).
(4) ANTITRUST AND CIVIL RIGHTS LAWS NOT
AFFECTED.—Nothing in this subsection may be con-
strued to supersede or limit the operation of the
antitrust or civil rights laws of the United States.
(5) EVASION.—This section applies to any
transaction or activity undertaken by or through a
United States person or any other person with in-
tent to evade the provisions of this section or the