111 
(8) efforts undertaken within the previous year 
to comply with the requirements of section 819, in-
cluding any critical technologies identified under 
such section and how or whether such critical tech-
nologies were controlled for export; and 
(9) a summary of industrial base assessments 
conducted during the previous year by the Depart-
ment of Commerce, including with respect to coun-
terfeit electronics, foundational technologies, and 
other research and analysis of critical technologies 
and industrial capabilities of key defense-related sec-
tors. 
(b) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may contain 
a classified annex. 
SEC. 825. REPEAL. 
(a) IN GENERAL.—The Export Administration Act of 
1979 (50 U.S.C. App. 2401 et seq.) (as continued in effect 
pursuant to the International Emergency Economic Pow-
ers Act) is repealed. 
(b) IMPLEMENTATION.—The President shall imple-
ment the amendment made by subsection (a) by exercising 
the authorities of the President under the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et 
seq.). 
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112 
SEC. 826. EFFECT ON OTHER ACTS. 
(a) IN GENERAL.—Except as otherwise provided in 
this subtitle, nothing contained in this subtitle shall be 
construed to modify, repeal, supersede, or otherwise affect 
the provisions of any other laws authorizing control over 
exports, reexports, or transfers of any item, or activities 
of United States persons subject to the Export Adminis-
tration Regulations. 
(b) COORDINATION OF CONTROLS.— 
(1) IN GENERAL.—The authority granted to the 
President under this subtitle shall be exercised in 
such manner so as to achieve effective coordination 
with all export control and sanctions authorities ex-
ercised by Federal departments and agencies dele-
gated with authority under this subtitle, particularly 
the Department of State, the Department of the 
Treasury, and the Department of Energy. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that in order to achieve effective coordina-
tion described in paragraph (1), such Federal de-
partments and agencies— 
(A) should continuously work to create en-
forceable regulations with respect to the export, 
reexport, and transfer by United States and 
foreign persons of commodities, software, tech-
nology, and services to various end uses and 
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113 
end users for foreign policy and national secu-
rity reasons; 
(B) should regularly work to reduce com-
plexity in the system, including complexity 
caused merely by the existence of structural, 
definitional, and other non-policy based dif-
ferences between and among different export 
control and sanctions systems; and 
(C) should coordinate controls on items ex-
ported, reexported, or transferred in connection 
with a foreign military sale under chapter 2 of 
the Arms Export Control Act or a commercial 
sale under section 38 of the Arms Export Con-
trol Act to reduce as much unnecessary admin-
istrative burden as possible that is a result of 
differences between the exercise of those two 
authorities. 
(c) NONPROLIFERATION
CONTROLS.—Nothing in 
this subtitle shall be construed to supersede the proce-
dures published by the President pursuant to section 
309(c) of the Nuclear Non-Proliferation Act of 1978. 
SEC. 827. TRANSITION PROVISIONS. 
(a) IN GENERAL.—All delegations, rules, regulations, 
orders, determinations, licenses, or other forms of admin-
istrative action that have been made, issued, conducted, 
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114 
or allowed to become effective under the Export Adminis-
tration Act of 1979 (as in effect on the day before the 
date of the enactment of this Act and as continued in ef-
fect pursuant to the International Emergency Economic 
Powers Act), or the Export Administration Regulations, 
and are in effect as of the date of the enactment of this 
Act, shall continue in effect according to their terms until 
modified, superseded, set aside, or revoked under the au-
thority of this subtitle. 
(b) 
ADMINISTRATIVE
AND
JUDICIAL
PRO-
CEEDINGS.—This subtitle shall not affect any administra-
tive or judicial proceedings commenced, or any applica-
tions for licenses made, under the Export Administration 
Act of 1979 (as in effect on the day before the date of 
the enactment of this Act and as continued in effect pur-
suant to the International Emergency Economic Powers 
Act), or the Export Administration Regulations. 
(c) CERTAIN DETERMINATIONS AND REFERENCES.— 
(1) STATE SPONSORS OF TERRORISM.—Any de-
termination that was made under section 6(j) of the 
Export Administration Act of 1979 (as in effect on 
the day before the date of the enactment of this Act 
and as continued in effect pursuant to the Inter-
national Emergency Economic Powers Act) shall 
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continue in effect as if the determination had been 
made under section 814(c) of this Act. 
(2) REFERENCE.—Any reference in any other 
provision of law to a country the government of 
which the Secretary of State has determined, for 
purposes of section 6(j) of the Export Administra-
tion Act of 1979 (as in effect on the day before the 
date of the enactment of this Act and as continued 
in effect pursuant to the International Emergency 
Economic Powers Act), is a government that has re-
peatedly provided support for acts of international 
terrorism shall be deemed to refer to a country the 
government of which the Secretary of State has de-
termined, for purposes of section 814(c), is a gov-
ernment that has repeatedly provided support for 
acts of international terrorism. 
Subtitle B—Anti-Boycott Act of 
2018 
SEC. 831. SHORT TITLE. 
This subtitle may be cited as the ‘‘Anti-Boycott Act 
of 2018’’. 
SEC. 832. STATEMENT OF POLICY. 
Congress declares it is the policy of the United 
States— 
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(1) to oppose restrictive trade practices or boy-
cotts fostered or imposed by any foreign country 
against other countries friendly to the United States 
or against any United States person; 
(2) to encourage and, in specified cases, require 
United States persons engaged in the export of 
goods or technology or other information to refuse to 
take actions, including furnishing information or en-
tering into or implementing agreements, which have 
the effect of furthering or supporting the restrictive 
trade practices or boycotts fostered or imposed by 
any foreign country against any United States per-
son; and 
(3) to foster international cooperation and the 
development of international rules and institutions 
to assure reasonable access to world supplies. 
SEC. 833. FOREIGN BOYCOTTS. 
(a) PROHIBITIONS AND EXCEPTIONS.— 
(1) PROHIBITIONS.—For the purpose of imple-
menting the policies set forth in section 832, 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 agree-
ing to take any of the following actions with intent 
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that person or of any owner, officer, director, 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, or requesting 
the furnishing of information, about whether 
any person has, has had, or proposes to have 
any business relationship (including a relation-
ship by way of sale, purchase, legal or commer-
cial representation, shipping or other transport, 
insurance, investment, or supply) with or in the 
boycotted country, with any business concern 
organized under the laws of the boycotted coun-
try, with any national or resident of the boy-
cotted country, or with any other person which 
is known or believed to be restricted from hav-
ing any business relationship with or in the boy-
cotting country. Nothing in this subparagraph 
shall prohibit the furnishing of normal business 
information in a commercial context as defined 
by the Secretary. 
(E) Furnishing information about whether 
any person is a member of, has made contribu-
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tions to, or is otherwise associated with or in-
volved in the activities of any charitable or fra-
ternal 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 compliance 
with which is prohibited by regulations issued 
pursuant to this paragraph, and no United 
States person shall, as a result of the applica-
tion 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) complying or agreeing to comply with 
requirements— 
(i) prohibiting the import of goods or 
services from the boycotted country or 
goods produced or services 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 goods 
to the boycotting country on a carrier of 
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the boycotted country, or by a route other 
than that prescribed by the boycotting 
country or the recipient of the shipment; 
(B) complying or agreeing to comply with 
import and shipping document requirements 
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 no in-
formation knowingly furnished or conveyed in 
response to such requirements may be stated in 
negative, blacklisting, or similar exclusionary 
terms, other than with respect to carriers or 
route of shipment as may be permitted by such 
regulations in order to comply with pre-
cautionary requirements protecting against war 
risks and confiscation; 
(C) complying or agreeing to comply in the 
normal course of business with the unilateral 
and specific selection by a boycotting country, 
or national or resident thereof, of carriers, in-
surers, suppliers of services to be performed 
within the boycotting country or specific goods 
which, in the normal course of business, are 
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identifiable by source when imported into the 
boycotting country; 
(D) complying or agreeing to comply with 
export requirements of the boycotting country 
relating to shipments or transshipments of ex-
ports to the boycotted country, to any business 
concern of or organized under the laws of the 
boycotted country, or to any national or resi-
dent 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 person to comply with the laws of that 
country with respect to his activities exclusively 
therein, and such regulations may contain ex-
ceptions for such resident complying with the 
laws or regulations of that foreign country gov-
erning 
imports 
into 
such 
country 
of 
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122 
trademarked, trade named, or similarly specifi-
cally identifiable products, or components of 
products for his own use, including the per-
formance of contractual services within that 
country, as may be defined by such regulations. 
(3) SPECIAL RULES.—Regulations issued pur-
suant to paragraphs (2)(C) and (2)(F) shall not pro-
vide exceptions from paragraphs (1)(B) and (1)(C). 
(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to supersede or limit 
the operation of the antitrust or civil rights laws of 
the United States. 
(5) APPLICATION.—This section shall apply to 
any transaction or activity undertaken, by or 
through a United States person or any other person, 
with intent to evade the provisions of this section as 
implemented by the regulations issued pursuant to 
this subsection, and such regulations shall expressly 
provide that the exceptions set forth in paragraph 
(2) shall not permit activities or agreements (ex-
pressed or implied by a course of conduct, including 
a pattern of responses) otherwise prohibited, which 
are not within the intent of such exceptions. 
(b) FOREIGN POLICY CONTROLS.— 
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(1) IN GENERAL.—In addition to the regula-
tions issued pursuant to subsection (a), regulations 
issued under subtitle A to carry out the policies set 
forth in section 812(1)(D) shall implement the poli-
cies set forth in this section. 
(2) REQUIREMENTS.—Such regulations shall 
require that any United States person receiving a re-
quest for the furnishing of information, the entering 
into or implementing of agreements, or the taking of 
any other action referred to in subsection (a) shall 
report that fact to the Secretary, together with such 
other information concerning such request as the 
Secretary may require for such action as the Sec-
retary considers appropriate for carrying out the 
policies of that section. Such person shall also report 
to the Secretary whether such person intends to 
comply and whether such person has complied with 
such request. Any report filed pursuant to this para-
graph shall be made available promptly for public in-
spection and copying, except that information re-
garding the quantity, description, and value of any 
goods or technology to which such report relates 
may be kept confidential if the Secretary determines 
that disclosure thereof would place the United States 
person involved at a competitive disadvantage. The 
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