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(A) an actual shipment, transfer, or trans-
mission of items out of the United States; or
(B) a transfer to any person of items ei-
ther within the United States or outside of the
United States or to a end user, end use, or des-
tination with the knowledge or intent that the
items will be shipped, transferred, or transmit-
ted outside the United States;
(C) unless otherwise clear from the con-
text, the term ‘‘export’’ includes the term ‘‘reex-
port’’:
Provided, That the Secretary may further define the
term by regulation to include, among other concepts,
that a transfer of items in the United States to an
embassy or affiliate of a country is an export to the
country, that disclosure of technology to a foreign
national is a deemed export to his or her home coun-
try, and that transfer of effective control from one
country to another over a satellite above the earth
is an export from one country to another.
(8) FACILITATING
THE
ACTIVITY.—The term
‘‘facilitating the activity’’ includes but is not limited
to, acting as a freight forwarder, shipper, designated
export or import agent, consignee, purchasing agent,
marketing agent, manufacturer, assembler, designer,
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financier, or end user with respect to the services or
items to be exported, transferred, or provided.
(9) FINANCIAL TRANSACTIONS.—The term ‘‘fi-
nancial transactions’’ means any transactions involv-
ing the exchange, transfer, crediting, debiting, de-
posit, withdrawal, or payment of currency, securities,
debt, credit, checks, other monetary instruments,
precious metals or minerals, or other items of value
whether physically or by electronic means. The term
is intended to be interpreted broadly to include such
transactions as the opening or drawing down of let-
ters of credit, the extension of a loan, the receipt of
payment, or the use of credit cards.
(10) ITEM.—The term ‘‘item’’ means any com-
modity, technology, or software.
(11) 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.
(12) MISSILE TECHNOLOGY CONTROL REGIME
(‘‘MTCR’’).— The term ‘‘Missile Technology Control
Regime’’ or ‘‘MTCR’’ means the policy statement
and Guidelines between the United States, the Unit-
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ed 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 to the Annex or Guidelines.
(A) 
MTCR 
ADHERENT.—The 
term
‘‘MTCR adherent’’ means a country that is a
member of the MTCR or that, pursuant to an
international understanding to which the Unit-
ed States is a party, controls MTCR equipment
or technology in accordance with the criteria
and standards set forth in the MTCR.
(B) MTCR ANNEX.—The term ‘‘MTCR
Annex’’ means the Equipment and Technology
Annex of the MTCR and any amendments
thereto.
(13) MULTILATERAL
CONTROL.—The term
‘‘multilateral control’’ means a licensing requirement
exercised by the United States and at least one
other nation.
(14) NUCLEAR SUPPLIERS’ GROUP (‘‘NSG’’).—
The term ‘‘Nuclear Suppliers’ Group’’ or ‘‘NSG’’
means the multilateral arrangement in which the
United States participates whose purpose is to re-
strict the transfers of items with relevance to the
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nuclear fuel cycle and/or nuclear explosive applica-
tions.
(15) PERSON.—The term ‘‘person’’ includes—
(A) the single and plural of any individual,
corporation, partnership, business association,
society, trust, organization, or other group cre-
ated or organized under the laws of a country;
or
(B) any government, governmental body,
corporation, trust, agency, department, division,
or group operating as a business enterprise
(16) PROTOCOL
ON
BIOLOGICAL
WARFARE.—
The term ‘‘Protocol on Biological Warfare’’ refers to
the Protocol for the Prohibition of the Use in War
of Asphyxiating, Poisonous or Other Gases, and of
Bacteriological Methods of Warfare of 1925.
(17) REGIME, MULTILATERAL
EXPORT
CON-
TROL REGIME, MULTILATERAL REGIME.—The terms
‘‘regime’’ and ‘‘multilateral export control regime’’
and ‘‘multilateral regime’’ each means a arrange-
ment of two or more countries to which the United
States is a party or which the United States would
seek to create or join and brought together for the
purpose of curtailing access to controlled items by
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target countries by means of cooperative export
controls.
(18) REEXPORT.—The term ‘‘reexport’’ means
the shipment, transfer, transhipment, or diversion of
items from one foreign country to another.
(19) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce.
(20) TARGET
COUNTRY.—The term ‘‘target
country’’ means a country for which it is the objec-
tive under this Act to deny or attempt to deny ac-
cess to controlled items or a country from which the
United States distances itself by means of a unilat-
eral export control adopted under this Act.
(21) TECHNOLOGY.—The term ‘‘technology’’
means specific information required for the ‘‘devel-
opment’’, ‘‘production’’, or ‘‘use’’ of a product. The
information takes the form of ‘‘technical data’’ or
‘‘technical assistance’’. Controlled ‘‘technology’’ is
defined in the General Technology Note and in the
Commerce Control List.
(22) UNILATERAL CONTROL.—The term ‘‘uni-
lateral control’’ means a license requirement that is
not multilaterally agreed to by two or more coun-
tries.
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(23) 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)).
(24) UNITED
STATES
PERSON.—The term
‘‘United States person’’ means any United States
citizen, resident, national (other than an individual
resident outside the United States and employed by
other than a United States person), or person within
the United States, any domestic concern (including
any permanent domestic establishment of any for-
eign concern) and any foreign subsidiary or affiliate
(including any permanent foreign establishment) of
any domestic concern which is controlled in fact by
such domestic concern, as determined under regula-
tions of the President.
(25) WEAPONS OF MASS DESTRUCTION.—The
term ‘‘weapons of mass destruction’’ means any
chemical or biological weapons or nuclear explosive
devices.
SEC. 15. EFFECTS ON OTHER ACTS.
(a) COMMODITY JURISDICTION.—
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(1) COORDINATION
OF
CONTROLS.—The au-
thority granted under this Act and under section 38
of the Arms Export Control Act (22 U.S.C. 2778)
shall be exercised by each licensing authority in such
a manner as to achieve effective coordination be-
tween the dual use and munitions licensing systems
and share information regarding the trustworthiness
of parties.
(2) 
ELIMINATION
OF
OVERLAPPING
CON-
TROLS.—No item may be included on both the Com-
merce Control List and the United States Munitions
List after the effective date of this Act.
(3) COMMODITY JURISDICTION DISPUTE RESO-
LUTION.—Under procedures to be established by the
President, disputes regarding conflicting claims of
jurisdiction between the Commerce Control List and
the United States Munitions List shall be resolved in
a timely fashion by the Department of State, in con-
sultation with other agencies. Consultations shall be
carried out through committees chaired by rep-
resentatives of the Department of State at the As-
sistant Secretary or Under Secretary level. The pro-
cedures of the committees shall allow the initiation
of matters by either the State Department or other
agencies including in response to requests to the De-
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partments of State and Commerce. Consultation
procedures within the committees shall provide for
interagency meetings to permit the free exchange of
views regarding jurisdictional issues. Disputes that
cannot be resolved may be referred to the President
by the Secretary of State, the Secretary of Defense,
or the Secretary of Commerce.
(b) IN GENERAL.—Except as otherwise provided in
this Act, nothing contained in this Act shall be construed
to modify, repeal, supersede, or otherwise affect the provi-
sions of any other laws authorizing control over exports
of any commodity.
(c) AMENDMENTS TO THE INTERNATIONAL EMER-
GENCY ECONOMIC POWERS ACT.—
(1) The International Emergency Economic
Powers Act (50 U.S.C. 1707) is amended by adding
after the last section the following section 208:
‘‘SEC. 208. CONFIDENTIALITY OF INFORMATION.—
‘‘(1) EXEMPTIONS FROM DISCLOSURE.—Infor-
mation obtained under this Act may be withheld
only to the extent permitted by statute, except that
information submitted, obtained or considered in
connection with an application for an export license
or other export authorization under this Act, includ-
ing the export license or other export authorization
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itself, classification requests, information obtained
during the course of a foreign availability assess-
ment, information or evidence obtained in the course
of any investigation, and information obtained or
furnished in connection with multilateral agree-
ments, treaties, or obligations under this Act shall
not be subject to disclosure under section 552 of
title 5, United States Code, and shall be withheld
from public disclosure unless the release of such in-
formation is determined by the Secretary to be in
the national interest.
‘‘(2) INFORMATION TO CONGRESS AND GAO.—
‘‘(A) IN GENERAL.—Nothing in this Act
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
obtained at any time under this Act re-
garding the control of exports, including
any report or license application required
under this Act, shall upon request be made
available to the Committee on Foreign Af-
fairs and the Subcommittee on Inter-
national Economic Policy and Trade of the
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House of Representatives and the Commit-
tee on Banking, Housing, and Urban Af-
fairs and the Subcommittee on Inter-
national Finance and Monetary Policy of
the Senate. Each of the above designated
committees and subcommittees may pro-
vide other members of Congress informa-
tion obtained under this authority provided
that such information may not be further
disclosed except upon a finding made
under the following subparagraph.
‘‘(ii) PROHIBITION ON FURTHER DIS-
CLOSURE.—No such committee or sub-
committee, or member thereof, and no
other committee, subcommittee, or member
of Congress shall disclose any information
obtained under this Act or previous Acts
regarding the control of exports which is
submitted pursuant to this subsection un-
less one of the above described full com-
mittees determines that the withholding of
that information is contrary to the national
interest.
‘‘(C) AVAILABILITY TO THE GAO.—
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‘‘(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 313 of the Budget and Ac-
counting Act of 1921, be made available
only by the agency, upon request, to the
Comptroller General of the United States
or to any officer or employee of the Gen-
eral Accounting Office authorized by the
Controller General to have access to such
information.
‘‘(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
and from which any individual can be iden-
tified.
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‘‘(3) 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 information coming to him in the
course of his or her employment or official duties or
by reason of any examination or investigation made
by, report or record made to or filed with, such de-
partment or agency, or officer or employee thereof,
which information is exempt from disclosure under
this subsection, shall be fined not more than $1,000,
or imprisoned not more than one year, or both, and
may be removed from office or employment and shall
be subject to a civil penalty of not more than
$1000.’’.
(2) Section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) is amended
by inserting ‘‘or attempts to violate,’’ after ‘‘vio-
lates’’ in subsection (a); and by inserting ‘‘or will-
fully attempts to violate,’’ after ‘‘violates’’ in sub-
section (b).
(d) CIVIL AIRCRAFT EQUIPMENT.—Except as nec-
essary to comply with international obligations under the
International Emergency Economic Powers Act (Public
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Law 95–223) (50 U.S.C. 1701 et seq.) or the United Na-
tions Participation Act of 1945, as amended (Public Law
79–264) (22 U.S.C. 287 et seq.), notwithstanding any
other provision of law, any product (1) which is standard
equipment, certified by the Federal Aviation Administra-
tion, in civil aircraft and is an integral part of such air-
craft, and (2) which is to be exported to a country other
than a controlled country, shall be subject to export con-
trols exclusively under this Act. Any such product shall
not be subject to controls under section 38(b)(2) of the
Arms Export Control Act (22 U.S.C. 2778(b)(2)).
(e) NUCLEAR NON-PROLIFERATION CONTROLS.—
(1) Nothing in section 5 of this Act shall be
construed to supersede the procedures published by
the President pursuant to section 309(c) of the Nu-
clear Non-Proliferation Act of 1978 (42 U.S.C.
2139a(c)).
(2) The procedures published by the President
pursuant to section 309(c) of the Nuclear Non-Pro-
liferation Act of 1978 (42 U.S.C. 2139a(c)) shall be
superseded to the extent they are inconsistent with
the provisions of section 8 of this Act.
(f) CONFORMING AMENDMENT TO THE ARMS EX-
PORT CONTROL ACT.—
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rangement in which the United States participates
that seeks to prevent the proliferation of chemical
and biological weapons.
‘‘(2) BIOLOGICAL WEAPONS CONVENTION.—The
term ‘Biological Weapons Convention’ refers to the
Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Bio-
logical) and Toxin Weapons and on Their Destruc-
tion of 1972.
‘‘(3) 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.
‘‘(4) FACILITATING THE ACTIVITY.—The term
‘facilitating the activity’ includes but is not limited
to, acting as a freight forwarded, shipper, designated
export or import agent, consignee, purchasing agent,
marketing agent, manufacturer, assembler, designer,
financier, or end user with respect to the services or
items to be exported, transferred, or provided.
‘‘(5) FINANCIAL TRANSACTIONS.—The term ‘fi-
nancial transactions’ means any transactions involv-
ing the exchange, transfer, crediting, debiting, de-
posit, withdrawal, or payment of currency, securities,
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debt, credit, checks, other monetary instruments,
precious metals or minerals, or other items of value
whether physically or by electronic means. The term
is intended to be interpreted broadly to include such
transactions as the opening or drawing down of let-
ters of credit, the extension of a loan, the receipt of
payment, or the use of credit cards.
‘‘(6) ITEM.—The term ‘item’ means any com-
modity, technology, or software.
‘‘(7) 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.
‘‘(8) 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 to
the Annex or Regime.
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‘‘(A) 
MTCR 
ADHERENT.—The 
term
‘MTCR adherent’ means a country that is a
member of the MTCR or that, pursuant to an
international understanding to which the Unit-
ed States is a party, controls MTCR equipment
or technology in accordance with the criteria
and standards set forth in the MTCR.
‘‘(B) MTCR ANNEX.—The term ‘MTCR
Annex’ means the Equipment and Technology
Annex of the MTCR and any amendments
thereto.
‘‘(9) NUCLEAR
SUPPLIERS’ GROUP
(‘NSG’).—
The term ‘Nuclear Suppliers’ Group’ or ‘NSG’
means the multilateral arrangement in which the
United States participates whose purpose is to re-
strict transfers of items with sensitive nuclear appli-
cations.
‘‘(10) PERSON.—The term ‘person’ includes—
‘‘(A) the single and plural of any individ-
ual, corporation, partnership, business associa-
tion, society, trust, organization, or other group
created or organized under the laws of a coun-
try; or
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‘‘(B) any government, governmental body,
corporation, trust, agency, department, division,
or group operating as a business enterprise.
‘‘(11) PROTOCOL ON BIOLOGICAL WARFARE.—
The term ‘Protocol on Biological Warfare’ refers to
the Protocol for the Prohibition of the Use in War
of Asphyxiating, Poisonous or Other Gases, and of
Bacteriological Methods of Warfare of 1925.
‘‘(12) WEAPONS OF MASS DESTRUCTION.—The
term ‘weapons of mass destruction’ means any
chemical or biological weapons or nuclear explosive
devices.’’.
(5) Section 323 of the Foreign Relations Au-
thorization Act for Fiscal Years 1992–93 (Public
Law 102–138) is hereby repealed.
(g) EFFECT ON SECTION 38(e) OF THE ARMS EX-
PORT CONTROL ACT.—This Act modifies provisions of the
Export Administration Act of 1979, as amended, which
are incorporated by reference in section 38(e) of the Arms
Export Control Act (22 U.S.C. 2778(e)). The changes
made to such provisions shall have no effect on the admin-
istration and enforcement of section 38(e) of the Arms Ex-
port Control Act. The relevant provisions of the Export
Administration Act of 1979, as amended, shall continue
to have full force and effect for purposes of that Act.
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(Add conforming amendments for the approximately
60 statutory references to the EAA in other Federal stat-
utes.)
SEC. 16. AUTHORIZATION OF APPROPRIATIONS.
AUTHORIZATION.—There are authorized to be appro-
priated to the Department of Commerce to carry out the
purposes of this Act—
(1) $43,372,000 for fiscal year 1995, and such
amounts as may be necessary for fiscal year 1996;
and
(2) such additional amounts for each of the fis-
cal years 1995 and 1996 as may be necessary for in-
creases in salary, pay, retirement, other employee
benefits authorized by law, and other non-discre-
tionary costs.
SEC. 17. EFFECTIVE DATE.
EFFECTIVE DATE.—This Act shall take effect upon
the expiration of the Export Administration Act of 1979.
SEC. 18. SAVINGS PROVISION.
(a) IN GENERAL.—All delegations, rules, regulations,
orders, determinations, licenses, sanctions, or other forms
of administrative action which have been made, issued,
conducted, or allowed to become effective under the Ex-
port Control Act of 1949, the Export Administration Act
of 1969, the Export Administration Act of 1979, or the
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Arms Export Control Act and which are in effect at the
time this Act or the Arms Export Control Act takes effect,
shall continue in effect according to their terms until
modified, superseded, set aside, or revoked under this Act
or the Arms Export Control Act.
(b) REPEAL.—Title XVII of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101–
510) and sections 301–308 and 309(b) of the Chemical
and Biological Weapons Control and Warfare Elimination
Act of 1991 (Public Law 102–182) and amendments to
these acts are hereby repealed.
(c) ADMINISTRATIVE PROCEEDINGS.—This Act shall
not apply to any administrative proceedings commenced
or any application for a license made, under the Export
Administration Act of 1979, which is pending at the time
this Act takes effect.
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