II
104TH CONGRESS
2D SESSION
H. R. 361
IN THE SENATE OF THE UNITED STATES
JULY 17, 1996
Received
AN ACT
To provide authority to control exports, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
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Sec. 1. Table of contents.
TITLE I—EXPORT ADMINISTRATION
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Policy statement.
Sec. 104. General provisions.
Sec. 105. Multilateral controls.
Sec. 106. Emergency controls.
Sec. 107. Short supply controls.
Sec. 108. Foreign boycotts.
Sec. 109. Procedures for processing export license applications; other inquiries.
Sec. 110. Violations.
Sec. 111. Controlling proliferation activity.
Sec. 112. Administrative and judicial review.
Sec. 113. Enforcement.
Sec. 114. Export control authorities and procedures.
Sec. 115. Annual report.
Sec. 116. Definitions.
Sec. 117. Effects on other Acts.
Sec. 118. Secondary Arab boycott.
Sec. 119. Conforming amendments to other laws.
Sec. 120. Expiration date.
Sec. 121. Savings provision.
TITLE II—NUCLEAR PROLIFERATION PREVENTION
Sec. 201. Repeal of termination of provisions of the Nuclear Proliferation Pre-
vention Act of 1994.
Sec. 202. Seeking multilateral support for unilateral sanctions.
Sec. 203. Sanctions under the Nuclear Proliferation Prevention Act of 1994.
TITLE I—EXPORT
ADMINISTRATION
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Export Administration
Act of 1996’’.
SEC. 102. FINDINGS.
The Congress makes the following findings:
(1) Export controls are a part of a comprehen-
sive response to national security threats. United
States exports should be restricted only for signifi-
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cant national security, nonproliferation, and foreign
policy reasons.
(2) Exports of certain commodities and tech-
nology may adversely affect the national security
and foreign policy of the United States by making
a significant contribution to the military potential of
individual countries or by disseminating the capabil-
ity to design, develop, test, produce, stockpile, or use
weapons of mass destruction, missile delivery sys-
tems, and other significant military capabilities.
Therefore, the administration of export controls
should emphasize the control of these exports.
(3) The acquisition of sensitive commodities
and technology by those countries and end users
whose actions or policies run counter to United
States national security or foreign policy interests
may enhance the military capabilities of those coun-
tries, particularly their ability to design, develop,
test, produce, stockpile, use, and deliver nuclear,
chemical, and biological weapons, missile delivery
systems, and other significant military capabilities.
This enhancement threatens the security of the
United States and its allies, and places additional
demands on the defense budget of the United States.
Availability to countries and end users of items that
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contribute to military capabilities or the proliferation
of weapons of mass destruction is a fundamental
concern of the United States and should be elimi-
nated through negotiations and other appropriate
means whenever possible.
(4) With the growing importance of exports to
sustained United States economic growth and vital-
ity, restrictions on exports must be evaluated in
terms of their effects on the United States economy.
(5) Export controls cannot be the sole instru-
ment of the United States to prevent a country or
end user from developing weapons of mass destruc-
tion. For this reason, export controls should be ap-
plied as part of a comprehensive response to security
threats.
(6) The national security of the United States
depends not only on wise foreign policies and a
strong defense, but also a vibrant national economy.
To be truly effective, export controls should be ap-
plied uniformly by all suppliers.
(7) International treaties, such as the Chemical
Weapons Convention, and international agreements
and arrangements intended to control, lessen, or
eliminate weapons of mass destruction should be
fully implemented by, among other things, imposing
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restrictions on imports and exports of designated
items, monitoring, and transmitting reports on, the
production, processing, consumption, export, and im-
port of designated items, and complying with ver-
ification regimes mandated by such treaties, agree-
ments, and arrangements.
(8) Except in the event the United States is the
sole source of critical supplies, unilateral export con-
trols are generally not truly effective in influencing
the behavior of other governments or impeding ac-
cess to controlled items. Unilateral controls alone
may impede access to United States sources of sup-
ply without affecting the ability of countries to ob-
tain controlled items elsewhere. Moreover, unilateral
controls generally permit foreign competitors to
serve markets the United States Government denies
to United States firms and workers, thus impairing
the reliability of United States suppliers in compari-
son with their foreign competitors. At the same
time, the need to lead the international community
or overriding national security or foreign policy in-
terests may justify unilateral controls in specific
cases.
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(9) The United States recognizes the impor-
tance of comprehensive enforcement measures to
maximize the effectiveness of multilateral controls.
(10) The United States export control system
must not be overly restrictive or bureaucratic, or un-
dermine the competitive position of United States in-
dustry. The export control system must be efficient,
responsive, transparent, and effective.
(11) Export restrictions that negatively affect
the United States industrial base may ultimately
weaken United States military capabilities and lead
to dependencies on foreign sources for key compo-
nents.
(12) Minimization of restrictions on exports of
agricultural commodities and products is of critical
importance to the maintenance of a sound agricul-
tural sector, to a positive contribution to the balance
of payments, to reducing the level of Federal ex-
penditures for agricultural support programs, and to
United States cooperation in efforts to eliminate
malnutrition and world hunger.
(13) Minimization of restrictions on the export
of information technology products and services is of
critical importance to United States leadership in re-
moving obstacles to the effective development of a
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superior global information infrastructure and the
new jobs and markets, increased trade and informa-
tion flows, improved national security, and new tools
for the improvement of the quality of life for people
globally that will be created.
(14) The United States should play a leading
role in promoting transparency and responsibility
with regard to the transfers of conventional arma-
ments and sensitive dual-use goods and technologies.
SEC. 103. POLICY STATEMENT.
It is the policy of the United States to do the follow-
ing:
(1) To stem the proliferation of weapons of
mass destruction, and the means to deliver them,
and other significant military capabilities by—
(A) leading international efforts to control
the proliferation of chemical and biological
weapons, nuclear explosive devices, missile deliv-
ery systems, and other significant military ca-
pabilities;
(B) controlling involvement of United
States persons in, and contributions by United
States persons to, foreign programs intended to
develop weapons of mass destruction, missiles,
and other significant military capabilities, and
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the means to design, test, develop, produce,
stockpile, or use them; and
(C) implementing international treaties or
other agreements or arrangements concerning
controls on exports of designated items, reports
on the production, processing, consumption,
and exports and imports of such items, and
compliance with verification programs.
(2) To restrict the export of items—
(A) that would significantly contribute to
the military potential of countries so as to prove
detrimental to the national security of the Unit-
ed States or its allies; or
(B) where necessary to further signifi-
cantly the foreign policy of the United States or
to fulfill its declared international commit-
ments.
(3) To—
(A) minimize uncertainties in export con-
trol policy; and
(B) encourage trade with all countries with
which the United States has diplomatic or trad-
ing relations, except those countries with which
such trade has been determined by the Presi-
dent to be against the national interest.
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(4) To restrict export trade when necessary to
protect the domestic economy from the excessive
drain of scarce materials and to reduce the serious
inflationary impact of foreign demand.
(5) To further increase the reliance of the Unit-
ed States upon multilateral coordination of controls
through effective control regimes that maintain lists
of controlled items that are truly critical to the con-
trol objectives, strive to increase membership to in-
clude all relevant countries, maintain common cri-
teria and procedures for licensing, and harmonize
member countries’ licensing practices. It is the pol-
icy of the United States that multilateral controls
are the best means of achieving the control objec-
tives of the United States.
(6) To impose unilateral controls only when it
is necessary to further significantly the national se-
curity or foreign policy of the United States, and
only after full consideration of the economic impact
of the controls and their effectiveness in achieving
their intended objectives.
(7) To make all licensing determinations in a
timely manner so undue delays in the licensing proc-
ess will not cause a United States person to lose an
export sale.
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(8) To use export controls to deter and punish
acts of international terrorism and to encourage
other countries to take immediate steps to prevent
the use of their territories or resources to aid, en-
courage, or give sanctuary to those persons involved
in directing, supporting, or participating in acts of
international terrorism. To this end, consistent with
the policies of this section and the provisions of this
title, the United States should, by restricting exports
to countries that have violated international norms
of behavior by repeatedly supporting acts of inter-
national terrorism, distance itself from those coun-
tries.
(9)(A) 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.
(B) To encourage and, in specified cases, re-
quire United States persons engaged in the export of
commodities, technology, and other information to
refuse to take actions, including furnishing informa-
tion or entering into or implementing agreements,
which have the effect of furthering or supporting the
restrictive trade practices or boycotts fostered or im-
posed by any foreign country against a country
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friendly to the United States or against any United
States person.
(10) To streamline export control functions and
increase administrative accountability, and thereby
better serve the exporting public by reducing and
eliminating overlapping, conflicting, and inconsistent
regulatory burdens.
(11) To minimize restrictions on the export of
agricultural commodities and products.
(12) To minimize restrictions on the export of
information technology products and services as part
of a flexible regulatory environment that can keep
pace with the rapid technological changes necessary
to realize the full economic, societal, and national se-
curity benefits of United States leadership in the de-
velopment of a superior global information infra-
structure.
(13) To cooperate with other countries to pro-
mote greater transparency and responsibility with
regard to the transfers of armaments and sensitive
goods and technologies, both for the purpose of de-
veloping common understandings of the risks to
international peace and regional security associated
with the transfers of such items and to coordinate
national control policies to combat those risks.
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SEC. 104. GENERAL PROVISIONS.
(a) TYPES OF LICENSES.—Under such conditions as
the Secretary may impose, consistent with the provisions
of this title, the Secretary may require any type of license
appropriate to the effective and efficient implementation
of this title, including the following:
(1) SPECIFIC EXPORTS.—A license authorizing
a specific export.
(2) MULTIPLE EXPORTS.—Licenses authorizing
multiple exports, issued pursuant to an application
by the exporter, in lieu of a license for each such ex-
port. Licenses under this paragraph shall be de-
signed to encourage and acknowledge exporters’ in-
ternal control programs for ensuring compliance
with the terms of the license.
(b) 
UNITED
STATES
COMMODITY
CONTROL
INDEX.—
(1) IN GENERAL.—The Secretary shall establish
and maintain, in consultation with the Secretary of
Defense and the heads of other appropriate depart-
ments and agencies, a United States Commodity
Control Index specifying the license requirements
under this title that are applicable to the items on
the list.
(2) CONTENTS.—The control index shall—
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(A) consist of a multilateral control list of
items on which export controls are imposed
under section 105, an emergency control list of
items on which export controls are imposed
under section 106, and a short supply control
list of commodities on which export controls are
imposed under section 107;
(B) include, as part of the multilateral and
emergency control lists, those items identified
pursuant to section 111(a);
(C) for each item on the control index,
specify with particularity the performance
(where applicable) and other identifying charac-
teristics of the item and provide a rationale for
why the item is on the control list;
(D) identify countries, and, as appropriate,
end uses or end users, including specific
projects and end users of concern, cross-ref-
erenced with the list of commodities and tech-
nology on which export controls are imposed;
and
(E) be sufficiently specific and clear as to
guide exporters and licensing officers in deter-
minations of licensing requirements under this
title.
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(c) DENIED OR DEBARRED PARTIES, SANCTIONED
PARTIES, BLOCKED PERSONS, SPECIALLY DESIGNATED
NATIONALS, AND OTHER PARTIES PRESENTING UNAC-
CEPTABLE RISKS OF DIVERSION.—
(1) DENIED
OR
DEBARRED
PARTIES, SANC-
TIONED
PARTIES, BLOCKED
PERSONS, AND
SPE-
CIALLY
DESIGNATED
NATIONALS.—The President
shall ensure that an official list is published semi-
annually in the Federal Register of all parties denied
or debarred from export privileges under this title or
under the Arms Export Control Act, all parties sanc-
tioned for prohibited proliferation activity under this
title or other statutes, and all blocked persons and
specially designated nationals. For purposes of this
paragraph, a ‘‘blocked person’’ or ‘‘specially des-
ignated national’’ is a person or entity so designated
by the President or the Secretary of the Treasury
under the Trading With the Enemy Act, or the
International Emergency Economic Powers Act, with
whom transactions are prohibited on account of the
relationship of that person or entity with a country,
organization, or activity against which sanctions are
imposed under either such Act. Promptly after any
person is designated a ‘‘blocked person’’ or ‘‘spe-
cially designated national’’, the Secretary of the
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Treasury shall publish such designation in the Fed-
eral Register.
(2) OTHER
PARTIES.—The Secretary shall
maintain a list of parties for whom licenses under
this title will be presumptively denied.
(d) DELEGATION OF AUTHORITY.—Subject to the
provisions of this title, the President may delegate the
power, authority, and discretion conferred upon the Presi-
dent by this title to such departments, agencies, and offi-
cials of the Government as the President considers appro-
priate, except that no authority under this title may be
delegated to, or exercised by, any official of any depart-
ment or agency the head of which is not appointed by the
President, by and with the advice and consent of the Sen-
ate. The President may not delegate or transfer his power,
authority, or discretion to overrule or modify any rec-
ommendation or decision made by the Secretary, the Sec-
retary of Defense, or the Secretary of State under this
title and may not delegate the authority under section
106(a)(4).
(e) NOTIFICATION OF THE PUBLIC; CONSULTATION
WITH BUSINESS.—The Secretary shall keep the public
fully apprised of changes in export control policy and pro-
cedures instituted in conformity with this title with a view
to encouraging trade. The Secretary shall consult regu-
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larly with representatives of a broad spectrum of enter-
prises, labor organizations, and citizens interested in or
affected by export controls, in order to obtain their views
on United States export control policy and the foreign
availability of items subject to controls.
(f) EXPORT ADVISORY COMMITTEES.—
(1) APPOINTMENT.—Upon his or her own ini-
tiative or upon the written request of representatives
of a substantial segment of any industry which pro-
duces any items subject to export controls under this
title or under the International Emergency Eco-
nomic Powers Act, or being considered for such con-
trols, the Secretary shall appoint export advisory
committees with respect to any such items. Each
such committee shall consist of representatives of
United States industry and Government, including
the Department of Commerce and other appropriate
departments and agencies of the Government. The
Secretary shall permit the widest possible participa-
tion by the business community on the export advi-
sory committees.
(2) FUNCTIONS.—Export advisory committees
appointed under paragraph (1) shall advise and as-
sist the Secretary, and any other department, agen-
cy, or official of the Government carrying out func-
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tions under this title, on actions (including all as-
pects of controls imposed or proposed) designed to
carry out the policies of this title concerning the
items with respect to which such export advisory
committees were appointed. Such committees, where
they have expertise in such matters, shall be con-
sulted on questions involving—
(A) technical matters,
(B) worldwide availability and actual utili-
zation of production technology,
(C) licensing procedures which affect the
level of export controls applicable to any items,
(D) revisions of the multilateral control list
(as provided in section 105(g)), including pro-
posed revisions of multilateral controls in which
the United States participates,
(E) the issuance of regulations,
(F) the impact and interpretation of exist-
ing regulations,
(G) processes and procedures for review of
licenses and policy,
(H) any other questions relating to actions
designed to carry out this title, and
(I) the operation and conduct of inter-
national business transactions.
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Nothing in this subsection shall prevent the United
States Government from consulting, at any time,
with any person representing an industry or the gen-
eral public, regardless of whether such person is a
member of an export advisory committee. Members
of the public shall be given a reasonable opportunity,
pursuant to regulations prescribed by the Secretary,
to present evidence to such committees.
(3) REIMBURSEMENT
OF
EXPENSES.—Upon
the request of any member of any export advisory
committee appointed under paragraph (1), the Sec-
retary may, if the Secretary determines it to be ap-
propriate, reimburse such member for travel, sub-
sistence, and other necessary expenses incurred by
such member in connection with the duties of such
member.
(4) CHAIRPERSON.—Each export advisory com-
mittee appointed under paragraph (1) shall elect a
chairperson, and shall meet at least every 3 months
at the call of the chairperson, unless the chairperson
determines, in consultation with the other members
of the committee, that such a meeting is not nec-
essary to achieve the purposes of this subsection.
Each such committee shall be terminated after a pe-
riod of 2 years, unless extended by the Secretary for
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additional periods of 2 years each. The Secretary
shall consult with each such committee on such ter-
mination or extension of that committee.
(5) ACCESS
TO
INFORMATION.—To facilitate
the work of the export advisory committees ap-
pointed under paragraph (1), the Secretary, in con-
junction with other departments and agencies par-
ticipating in the administration of this title, shall
disclose to each such committee adequate informa-
tion, consistent with national security, pertaining to
the reasons for the export controls which are in ef-
fect or contemplated for the items or policies for
which that committee furnishes advice. Information
provided by the export advisory committees 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 deter-
mines that the withholding thereof is contrary to the
national interest.
(g) DEVELOPMENT AND REVIEW OF THE CONTROL
INDEX.—
(1) IN GENERAL.—
(A) Consistent with the general guidance
of the Export Control Policy Committee estab-
lished in section 114(c), the Secretary of De-
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fense and the heads of other appropriate de-
partments and agencies may identify and rec-
ommend to the Secretary—
(i) commodities and technology for in-
clusion on, or deletion from, the multilat-
eral and emergency control lists; and
(ii) the licensing requirements that
should or should not apply to these com-
modities and technology.
(B) The Secretary of Defense shall have
primary responsibility for identifying commod-
ities and technologies that are critical to the de-
sign, development, test, production, stockpiling,
or use of weapons of mass destruction and
other military capabilities, including nuclear, bi-
ological, and chemical weapons, and manned
and unmanned vehicles capable of delivering
such weapons, in determining recommendations
for inclusion of items on the control index.
(C) If the Secretary of Defense, the Sec-
retary of State, or the Secretary of Energy dis-
agrees with the decision of the Secretary re-
garding the inclusion or deletion, or licensing
requirements of, any commodity or technology,
the Secretary of Defense, State, or Energy (as
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the case may be) may, within 30 days after the
Secretary makes the decision, appeal the Sec-
retary’s decision to the President in writing,
but only on the basis of the specific provisions
of this title. If the Secretary of Defense, the
Secretary of State, or the Secretary of Energy
fails to appeal a decision of the Secretary in ac-
cordance with the preceding sentence, he or she
shall be deemed to have no objection to the de-
cision. The President shall resolve a disagree-
ment under this subsection not later than 30
days after the appeal is made under this para-
graph.
(2) NEGOTIATIONS.—The Secretary of State, in
consultation with appropriate departments and agen-
cies, shall be responsible for conducting negotiations
with other countries regarding multilateral arrange-
ments for restricting the export of items to carry out
the policies of this title. All appropriate departments
and agencies shall develop initial technical param-
eters and product definitions in connection with the
development of proposals within the United States
Government to be made to multilateral regimes, in
consultation with the export advisory committees as
provided in paragraph (3).
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(3) CONSULTATIONS WITH EXPORT ADVISORY
COMMITTEES.—The Secretary shall consult with the
appropriate export advisory committee appointed
under this section with respect to changes in the
control index, and such export advisory committee
may submit recommendations to the Secretary with
respect to such changes. The Secretary shall con-
sider the recommendations of the export advisory
committee and shall inform the committee of the dis-
position of its recommendations. The Secretary shall
also seek comments and recommendations from the
public in connection with changes in the control
index. To the maximum extent practicable and con-
sistent with the conduct of international negotia-
tions, such comments and recommendations should
be taken into consideration in the development of
United States Government proposals and positions
to be taken in multilateral regimes.
(h) RIGHT OF EXPORT.—No authority or permission
to export may be required under this title, or under regula-
tions issued under this title, except to carry out the poli-
cies set forth in section 103.
(i) INTERNATIONAL OBLIGATIONS UNDER TREA-
TIES.—Notwithstanding any other provision of this title
containing limitations on authority to control exports, the
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Secretary, in consultation with the Secretary of State, may
impose controls on exports to a particular country or coun-
tries in order to fulfill obligations of the United States
under resolutions of the United Nations and under trea-
ties to which the United States is a party. The Secretary
may regulate domestic and foreign conduct consistent with
the policies of such United Nations resolutions, treaties,
and other international agreements. Such authority shall
include, but not be limited to, authority to prohibit activity
such as financing, contracting, providing services, or em-
ployment, to deny access to items in the United States
and abroad, to conduct audits of records and inspections
of facilities, to compel reports, and to curtail travel.
(j) FEES.—No fee may be charged in connection with
the submission or processing of an export license applica-
tion under this title.
SEC. 105. MULTILATERAL CONTROLS.
(a) AUTHORITY.—
(1) IN GENERAL.—In order to carry out the
policies set forth in paragraphs (1), (2), (5), (13),
(14), and (15) of section 103, the President may, in
accordance with this section, prohibit, curtail, or re-
quire the provision of information regarding, the ex-
port of any commodities, technology, or other infor-
mation subject to the jurisdiction of the United
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States, or exported by any person subject to the ju-
risdiction of the United States, in order to imple-
ment multilateral export control regimes. The au-
thority under this paragraph shall include, but not
be limited to, the authority to regulate domestic and
foreign conduct, to prohibit activity such as financ-
ing, contracting, providing services, or employment,
to deny access to items in the United States and
abroad, to conduct audits of records and inspections
of facilities, and to compel reports. The authority
granted by this subsection may not be exercised to
impose unilateral controls.
(2) EXERCISE OF AUTHORITY.—The authority
granted by this subsection shall be implemented by
the Secretary, in consultation with appropriate de-
partments and agencies.
(3) CONSISTENCY WITH EXPORT CONTROL RE-
GIMES.—Any provision of this title that provides
that no authority or permission to export may be re-
quired under this title shall not apply to the extent
that such a provision is inconsistent with an inter-
national commitment of the United States under a
multilateral export control regime.
(b) MULTILATERAL CONTROL LIST.—The Secretary
shall, in consultation with appropriate departments and
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agencies as provided in section 104(g), designate as part
of the control index, a multilateral control list, comprised
of the items on which export controls are in effect under
this section.
(c) EXPORT LICENSING POLICIES.—The President
shall ensure that steps are taken to increase the degree
to which the licensing requirements of other export regime
members are harmonized with the licensing requirements
maintained by the Secretary in controlling items under
this section.
(d) MULTILATERAL CONTROL REGIMES.—
(1) POLICY.—In order to carry out the policies
set forth in section 103, the Secretary of State, in
consultation with appropriate departments and agen-
cies, should seek multilateral arrangements that are
intended to secure effective achievement of these
policies and, in so doing, also establish fairer and
more predictable competitive opportunities for Unit-
ed States exporters.
(2) STANDARDS FOR NATIONAL SYSTEMS.—In
the establishment and maintenance of multilateral
regimes, the Secretary of State, in consultation with
appropriate departments and agencies, shall take
steps to attain the cooperation of members of the re-
gimes in the effective implementation of export con-
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trol systems. Such systems should contain the fol-
lowing elements:
(A) National laws providing enforcement
authorities, civil and criminal penalties, and
statutes of limitations sufficient to deter poten-
tial violations and punish violators.
(B) A program to evaluate export license
applications that includes sufficient technical
expertise to assess the licensing status of ex-
ports and ensure the reliability of end users.
(C) An enforcement mechanism that pro-
vides authority for trained enforcement officers
to investigate and prevent illegal exports.
(D) A system of export control documenta-
tion to verify the movement of items.
(E) Procedures for the coordination and
exchange of information concerning licensing,
end users, and enforcement.
(F) Adequate national resources devoted to
carrying out subparagraphs (A) through (E).
(3) 
STANDARDS
FOR
MULTILATERAL
RE-
GIMES.—In the establishment and maintenance of
multilateral regimes, the Secretary of State, in con-
sultation with appropriate departments and agen-
cies, should seek, consistent with the policies set
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forth in section 103, the following features for the
multilateral control regimes in which the United
States participates:
(A) FULL
MEMBERSHIP.—Achieve mem-
bership of all supplier countries whose policies
and activities are consistent with the objectives
and membership criteria of the multilateral re-
gime.
(B) EFFECTIVE ENFORCEMENT AND COM-
PLIANCE.—Promote enforcement and compli-
ance with the rules and guidelines of the mem-
bers of the regime through maintenance of an
effective control list.
(C) PUBLIC
UNDERSTANDING.—Enhance
public understanding of each regime’s purpose
and procedures.
(D) EFFECTIVE IMPLEMENTATION PROCE-
DURES.—Achieve procedures for effective imple-
mentation of the rules and guidelines of the re-
gime through uniform and consistent interpre-
tations of export controls agreed to by the gov-
ernments participating in the regime.
(E) ENHANCED COOPERATION AMONG RE-
GIME MEMBERS.—Reach agreement to enhance
cooperation among members of the regime in
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obtaining the agreement of governments outside
the regime to restrict the export of items con-
trolled by the regime, to establish an ongoing
mechanism in the regime to coordinate planning
and implementation of export control measures
related to such agreements, and to remove
items from the list of items controlled by the re-
gime if the control of such items no longer
serves the objectives of the members of the re-
gime.
(F) PERIODIC
HIGH-LEVEL
MEETINGS.—
Conduct periodic meetings of high-level rep-
resentatives of participating governments for
the purpose of coordinating export control poli-
cies and issuing policy guidance to members of
the regime.
(G) 
COMMON
LIST
OF
CONTROLLED
ITEMS.—Reach agreement on a common list of
items controlled by the regime.
(H) TREATMENT
OF
CERTAIN
COUN-
TRIES.—Prevent the export or diversion of the
most sensitive items to countries whose activi-
ties are threatening to the national security of
the United States or its allies.
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(I) DISCLOSURE OF NONPROPRIETARY IN-
FORMATION.—Promote transparency and timely
disclosure of nonproprietary information with
respect to the transfers of sensitive dual-use
commodities and technologies, when appro-
priate, for the purpose of developing common
understandings of the risks to international
peace and regional security associated with such
transfers and to coordinate national control
policies to combat those risks.
(e) INCENTIVES
FOR
PARTNERSHIP.—Consistent
with the policies of this title and consistent with the objec-
tives, rules, and guidelines of the individual regime—
(1) the Secretary, in consultation with appro-
priate departments and agencies, may provide for
exports free of license requirements to and among
members of a multilateral regime for items subject
to controls under such a multilateral regime; and
(2) the Secretary, in consultation with appro-
priate departments and agencies, may adjust licens-
ing policies with respect to a particular country or
entity for access to items controlled under this title
to the extent of the adherence of that country or en-
tity to the export control policies of this section.
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Actions by the Secretary under paragraphs (1) and (2)
shall be consistent with the requirements of section
111(a)(1)(C).
(f) TRANSPARENCY
OF MULTILATERAL CONTROL
REGIMES.—
(1) PUBLICATION OF INFORMATION ON EACH
EXISTING REGIME.—Within 6 months after the date
of the enactment of this Act, the Secretary shall, to
the extent doing so is not inconsistent with arrange-
ments in multilateral export control regimes, publish
in the Federal Register the following information
with respect to each multilateral control regime ex-
isting on the date of the enactment of this Act:
(A) Purposes of the control regime.
(B) Members of the regime.
(C) Licensing policy.
(D) Items subject to the controls under the
regime, together with all public notes, under-
standings, 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 controls.
(F) Rules of interpretation.
(G) Major policy actions.
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set forth in section 103(12) is being achieved. At the
conclusion of each review, the Secretary shall decide
whether to maintain or remove items from the multi-
lateral control list, maintain, change, or eliminate
the specifications, performance thresholds, or licens-
ing requirements on items on the list, or add items
to the list.
(2) CONSIDERATIONS.—In conducting the re-
view, the Secretary shall—
(A) consult with the Secretary of Defense
concerning militarily critical technologies;
(B) consult with the appropriate export ad-
visory committees appointed under section
104(f) and consider recommendations of such
committees with respect to proposed changes in
the multilateral control list;
(C) consider whether controlled items or
their equivalent are so widely available in the
United States (in terms of quantity, cost, and
means of sale and delivery) that the require-
ment for a license is ineffective in achieving the
purpose of the control;
(D) consider whether the differences be-
tween the export controls of the United States
and that of governments of foreign suppliers of
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competing items effectively has placed or will
place the United States exporter at a significant
commercial disadvantage with respect to its
competitors abroad, and has placed, or will
place, employment in the United States in jeop-
ardy;
(E) consider the results of determinations
made under section 114(k); and
(F) consider comments received pursuant
to the notice of review provided under para-
graph (3)(A).
(3) PROCEDURES.—
(A) NOTICE
OF
REVIEW.—Before begin-
ning each review under this subsection, the Sec-
retary shall publish a notice of that review in
the Federal Register and shall provide a 30-day
period for comments and submission of data,
including by exporters and other interested par-
ties.
(B) PROPOSALS TO EXPORT CONTROL RE-
GIMES.—If a revision to the multilateral control
list or to a licensing requirement under this
paragraph is inconsistent with the control lists,
guidelines, or the licensing requirements of, an
export control regime, the Secretary of State
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shall propose such revision to that regime. Such
revision shall become effective only to the extent
such revision is agreed to by the export control
regime.
(C) PUBLICATION
OF
REVISIONS.—The
Secretary shall publish in the Federal Register
any revisions in the list, with an explanation of
the reasons for the revisions.
SEC. 106. EMERGENCY CONTROLS.
(a) AUTHORITY.—
(1) IN GENERAL.—In order to carry out the
policy set forth in paragraphs (1), (2), (6), (8), (14),
and (15) of section 103, the President may, in ac-
cordance with the provisions of this section, unilater-
ally prohibit, curtail, or require the provision of in-
formation regarding the export of any commodity,
technology, or other information subject to the juris-
diction of the United States or exported by any per-
son subject to the jurisdiction of the United States.
The authority under this paragraph shall include,
but not be limited to, the authority to regulate do-
mestic and foreign conduct, to prohibit activity such
as financing, contracting, providing services, or em-
ployment, to deny access to items in the United
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States and abroad, to conduct audits of records and
inspections of facilities, and to compel reports.
(2) EXERCISE OF AUTHORITY.—The authority
contained in this section shall be exercised by the
Secretary, in consultation with the Secretary of
State, the Secretary of Defense, and such other de-
partments and agencies as the President considers
appropriate, and consistent with the procedures in
section 104(g).
(3) EXPIRATION OF CONTROLS.—
(A) IN GENERAL.—Any controls imposed
under this section shall expire 12 months after
they are imposed, unless they are terminated
earlier by the President or unless they are ex-
tended under this section, except that such con-
trols may be adopted as multilateral controls
under section 105 or included in an embargo
that is imposed by the President under the
International Emergency Economic Powers Act,
the Trading with the Enemy Act, or other pro-
vision of law other than this title. Any extension
or subsequent extension of the controls under
this section shall be for a period of not more
than 1 year each. The controls shall expire at
the end of each such extension unless they are
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terminated earlier by the President or unless
they are further extended under this section,
except that such controls may be adopted as
multilateral controls under section 105 or in-
cluded in an embargo described in the first sen-
tence of this subparagraph.
(B) 
EXCEPTION
FOR
MULTILATERAL
AGREEMENTS.—Subparagraph (A) shall not
apply to controls imposed by the President in
order to fulfill obligations of the United States
under resolutions of the United Nations or
under treaties to which the United States is a
party. If such a resolution or treaty ceases to
be in effect, controls imposed by the President
pursuant to such resolution or treaty shall im-
mediately cease to be in effect.
(4) CRITERIA.—Controls may be imposed, ex-
panded, or extended under this section only if the
President determines that—
(A) the controls are necessary to further
significantly the nonproliferation, national secu-
rity, or foreign policies of the United States
provided in section 103, the objective of the
controls is in the overall national interest of the
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United States, and reasonable alternative
means to the controls are not available;
(B) the controls are likely to make sub-
stantial progress toward achieving the intended
purpose of—
(i) changing, modifying, or constrain-
ing the undesirable conduct or policies of
the country to which the controls apply;
(ii) denying access by the country to
controlled items from all sources;
(iii) establishing multilateral coopera-
tion to deny the country access to con-
trolled items from all sources; or
(iv) denying exports or assistance that
significantly contributes to the prolifera-
tion of weapons of mass destruction or
other important military capabilities, ter-
rorism, or human rights abuses;
(C) the proposed controls are compatible
with the foreign policy objectives of the United
States and with overall United States policy to-
ward the country to which the controls apply;
(D) the reaction of other countries to the
imposition, expansion, or extension of such ex-
port controls by the United States is not likely
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to render the controls ineffective in achieving
the intended purpose or to be counter-produc-
tive to United States policy interests;
(E) the effect of the proposed controls on
the export performance of the United States,
the competitive position of the United States as
a supplier of items, or on the economic well-
being of individual United States companies
and their employees and communities does not
exceed the benefit to the United States foreign
policy, nonproliferation, or national security in-
terests; and
(F) the United States has the ability to en-
force the proposed controls effectively.
(b) CONSULTATION WITH INDUSTRY.—The Sec-
retary shall consult with and seek advice from affected
United States industries and export advisory committees
appointed under section 104(f) before the imposition, ex-
pansion, or extension of any export control under this sec-
tion.
(c) CONSULTATION WITH OTHER COUNTRIES.—
When expanding or extending export controls under this
section (unless such action is taken under subsection
(a)(3)(B)), the Secretary of State, in consultation with ap-
propriate departments and agencies, shall, at the earliest
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appropriate opportunity, consult with the countries with
which the United States maintains export controls coop-
eratively, and with other countries, as appropriate, to ad-
vise them of the reasons for the action and to urge them
to adopt similar controls.
(d) CONSULTATIONS WITH THE CONGRESS.—
(1) CONSULTATIONS.—The Secretary may im-
pose, expand, or extend export controls under this
section only after consultation with the Congress, in-
cluding the Committee on International Relations of
the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(2) REPORTS.—The Secretary may not impose
or expand controls under subsection (a) until the
Secretary has submitted to the Congress a report—
(A) addressing each of the criteria set
forth in subsection (a)(4);
(B) specifying the purpose of the controls;
(C) describing the nature, the subjects,
and the results of, or plans for, the consultation
with industry under subsection (b) and with
other countries under subsection (c);
(D) specifying the nature and results of
any alternative means attempted to achieve the
objectives of the controls, or the reasons for im-
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posing or expanding the controls without at-
tempting any such alternative means; and
(E) describing the availability from other
countries of items comparable to the items sub-
ject to the controls, and describing the nature
and results of the efforts made to secure the co-
operation of foreign governments in controlling
the foreign availability of such comparable
items.
Such report shall also indicate how such controls will
further significantly the policies of the United States
as set forth in section 103 or will further its de-
clared international obligations.
(e) SEEKING MULTILATERAL SUPPORT FOR UNILAT-
ERAL CONTROLS.—The Secretary of State, in consultation
with appropriate departments and agencies, shall have a
continuing duty to seek support for controls imposed
under this section by other countries and by effective mul-
tilateral control regimes.
(f) PROCEDURES AND LIMITATIONS ON EMERGENCY
CONTROLS.—
(1) CESSATION OF EMERGENCY CONTROLS.—
(A) IN GENERAL.—Controls imposed under
this section on commodities, technology, or
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other information shall cease to be in effect im-
mediately upon—
(i) the imposition of similarly restric-
tive controls under section 105 on the
same commodities, technology, or informa-
tion to the country or end user, or for the
end use, with respect to which the controls
were imposed under this section; or
(ii) the imposition of an embargo,
under the International Emergency Eco-
nomic Powers Act, the Trading with the
Enemy Act, or other provision of law, on
exports to, and imports from the country
with respect to which the controls were im-
posed under this section.
(B) 
CONVERSION
TO
MULTILATERAL
AGREEMENTS.—If the President imposes con-
trols on commodities, technology, or other infor-
mation to a country or end user, or for an end
use, under this section in order to fulfill obliga-
tions of the United States under resolutions of
the United Nations or under a treaty to which
the United States is a party, any equivalent
controls imposed prior thereto under this sec-
tion on the same commodities, technology, or
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information to the same country or end user, or
for the same end use, shall immediately cease
to be in effect.
(2) LIMITATIONS ON REIMPOSITION.—Controls
which have ceased to be in effect under subsection
(a)(3), and which have not been extended under sub-
section (g), may not be reimposed by the President
under subsection (a) for a period of 6 months begin-
ning on the date on which the original controls ex-
pire, unless the President determines that reimposi-
tion of controls is warranted due to significant
changes in circumstances since the expiration of the
controls.
(g) EXTENSION OF EMERGENCY CONTROLS.—
(1) REPORT.—If the President decides to ex-
tend controls imposed under subsection (a), which
are due to expire under subsection (a)(3), the Presi-
dent shall, not later than 30 calendar days before
the expiration of such controls, transmit to the Con-
gress a report on the proposed extension, setting
forth the reasons for the proposed extension in detail
and specifying the period of time, which may not ex-
ceed 1 year, for which the controls are proposed to
be extended. In particular, such report shall—
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(A) contain determinations by the Presi-
dent—
(i) that the controls are likely to con-
tinue to make substantial progress toward
achieving the intended purpose of—
(I) changing, modifying, or con-
straining the undesirable conduct or
policies of the country to which the
controls apply;
(II) denying access by the coun-
try to controlled items from all
sources;
(III) establishing multilateral co-
operation to deny the country access
to controlled items from all sources;
or
(IV) denying exports or assist-
ance that significantly contributes to
the proliferation of weapons of mass
destruction or other important mili-
tary capabilities, terrorism, or human
rights abuses;
(ii) that the impact of the controls has
been compatible with the foreign policy ob-
jectives of the United States and with
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overall United States policy toward the
controlled country;
(iii) that the reaction of other coun-
tries to the imposition or expansion of the
controls by the United States has not ren-
dered the controls ineffective in achieving
the intended purpose and have not been
counterproductive to United States policy
interests;
(iv) that the effect of the controls on
the export performance of the United
States, the competitive position of the
United States as a supplier of items, and
the economic well-being of individual Unit-
ed States companies and their employees
and communities has not exceeded the ben-
efit to the United States foreign policy,
nonproliferation, or national security inter-
ests; and
(v) that the United States has en-
forced the controls effectively.
(2) FURTHER EXTENSIONS OF CONTROLS.—If,
upon the expiration of the controls extended under
this subsection, the President determines that a fur-
ther extension of emergency controls for an addi-
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law (other than the Export Administration Act of
1979), which were being exercised with respect to a
country before the date of the enactment of this Act
as a result of a national emergency declared by the
President before that date, and are being exercised
with respect to such country on such date of enact-
ment.
(i) COUNTRIES SUPPORTING INTERNATIONAL TER-
RORISM.—
(1) PROHIBITION ON EXPORTS.—(A) No export
described in subparagraph (B) may be made to any
country the government of which the Secretary of
State has determined has repeatedly provided sup-
port for acts of international terrorism.
(B) The exports referred to in subparagraph
(A) are—
(i) of any commodity or technology the ex-
port of which is controlled under this title pur-
suant to the Wassenaar Arrangement, the Mis-
sile Technology Control Regime, or the Aus-
tralia Group, or controlled under this title pur-
suant to section 309(c) of the Nuclear Non-
Proliferation Act of 1978,
(ii) of any other commodity or technology
the export of which is controlled under this title
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pursuant to multilateral export control regimes
in which the United States participates, and
(iii) of any commodity or technology which
could make a significant contribution to the
military potential of a country described in sub-
paragraph (A), including its military logistics
capability, or could enhance the ability of such
country to support acts of international terror-
ism,
other than food, medicine, or medical supplies that
the President determines will be used only for hu-
manitarian purposes. An individual validated license
shall be required for the export under this subpara-
graph of any such food, medicine, or medical sup-
plies.
(C) Subsections (a)(3) and (b) shall not apply
to exports prohibited or restricted under this sub-
section.
(D)(i) The Secretary shall maintain a list of
commodities and technology described in subpara-
graph (B)(iii). The Secretary shall review the list of
items on that list at least annually. At the conclu-
sion of the review, the Secretary shall determine
whether to remove items from the list, change the
specifications of items on the list, or add items to
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the list, in order to ensure that the items on the list
meet the requirements of subparagraph (B)(iii).
(ii) The procedures set forth in subparagraphs
(A) and (C) of section 105(g)(3) shall apply to re-
views under clause (i) of the list of items described
in subparagraph (B)(iii) to the same extent as such
section applies to reviews of the control list under
section 105(g).
(2) NOTIFICATION OF CONGRESS OF LICENSES
ISSUED.—The Secretary and the Secretary of State
shall notify the Speaker of the House of Representa-
tives and the Committee on Banking, Housing, and
Urban Affairs and the Committee on Foreign Rela-
tions of the Senate at least 30 days before issuing
any license under this title for exports to a country
the government of which the Secretary of State has
determined has repeatedly provided support for acts
of international terrorism.
(3) PUBLICATION OF DETERMINATIONS.—Each
determination of the Secretary of State under para-
graph (1)(A) shall be published in the Federal Reg-
ister.
(4) RESCISSION OF DETERMINATIONS.—A de-
termination made by the Secretary of State under
paragraph (1)(A) may not be rescinded unless the
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President submits to the Speaker of the House of
Representatives and the chairman of the Committee
on Banking, Housing, and Urban Affairs and the
chairman of the Committee on Foreign Relations of
the Senate—
(A) before the proposed rescission would
take effect, a report certifying that—
(i) there has been a fundamental
change in the leadership and policies of the
government of the country concerned;
(ii) that government is not supporting
acts of international terrorism; and
(iii) that government has provided as-
surances that it will not support acts of
international terrorism in the future; or
(B) at least 45 days before the proposed
rescission would take effect, a report justifying
the rescission and certifying that—
(i) the government concerned has not
provided any support for international ter-
rorism during the preceding 6-month pe-
riod; and
(ii) the government concerned has
provided assurances that it will not sup-
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port acts of international terrorism in the
future.
(5) WAIVER OF PROHIBITIONS.—The President
may waive the prohibitions contained in paragraph
(1)(A) with respect to a specific transaction if—
(A) the President determines that the
transaction is essential to the national security
interests of the United States; and
(B) not less than 30 days prior to the pro-
posed transaction, the President—
(i) consults with the Committee on
International Relations of the House of
Representatives and the Committee on
Banking, Housing, and Urban Affairs of
the Senate regarding the proposed trans-
action; and
(ii) submits to the Speaker of the
House of Representatives and the chair-
man of the Committee on Banking, Hous-
ing, and Urban Affairs of the Senate a re-
port containing—
(I) the name of any country in-
volved in the proposed transaction,
the identity of any recipient of the
items to be provided pursuant to the
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(B) ACTION ON LICENSE APPLICATION.—
Any determination of the Secretary to approve
or deny an export license application to export
crime control or detection instruments or equip-
ment shall be made with the concurrence of the
Secretary of State.
(3) DISPUTE RESOLUTION.—If the Secretary of
State does not agree with the Secretary with respect
to any determination under paragraph (2), the Sec-
retary of State shall refer the matter to the Presi-
dent for resolution.
(4) EXCEPTIONS.—The provisions of this sub-
section shall not apply with respect to exports to
countries which are members of the North Atlantic
Treaty Organization or to Japan, Australia, or New
Zealand, or to such other countries as the President
shall designate consistent with the purposes of this
subsection and section 502B of the Foreign Assist-
ance Act of 1961.
(k) SPARE PARTS.—At the same time as the Presi-
dent imposes or expands export controls under this sec-
tion, the President shall determine whether such export
controls will apply to replacement parts or parts in com-
modities subject to such export controls.
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(l) EFFECT ON OTHER LAWS.—None of the prohibi-
tions contained in this section shall apply to any trans-
action subject to the reporting requirements of title V of
the National Security Act of 1947.
SEC. 107. SHORT SUPPLY CONTROLS.
(a) AUTHORITY.—
(1) IN GENERAL.—In order to carry out the
policy set forth in section 103(4), the President may
prohibit or curtail the export of any commodities
subject to the jurisdiction of the United States or
exported by any person subject to the jurisdiction of
the United States. In curtailing exports to carry out
the policy set forth in section 103(4), the President
shall allocate a portion of export licenses on the
basis of factors other than a prior history of expor-
tation. Such factors shall include the extent to which
a country engages in equitable trade practices with
respect to United States commodities and treats the
United States equitably in times of short supply.
(2) PUBLIC
PARTICIPATION.—Upon imposing
quantitative restrictions on exports of any commod-
ities to carry out the policy set forth in section
103(4), the Secretary shall include in a notice pub-
lished in the Federal Register with respect to such
restrictions an invitation to all interested parties to
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submit written comments within 15 days after the
date of publication on the impact of such restrictions
and the method of licensing used to implement
them.
(3) LICENSE FEES.—In imposing export con-
trols under this section, the President’s authority
shall include, but not be limited to, the imposition
of export license fees.
(b) MONITORING.—
(1) IN GENERAL.—In order to carry out the
policy set forth in section 103(4), the Secretary shall
monitor exports, and contracts for exports, of any
commodity (other than a commodity which is subject
to the reporting requirements of section 602 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5712))
when the volume of such exports in relation to do-
mestic supply contributes, or may contribute, to an
increase in domestic prices or a domestic shortage,
and such price increase or shortage has, or may
have, a serious adverse impact on the economy or
any sector thereof. Any such monitoring shall com-
mence at a time adequate to assure that the mon-
itoring will result in a data base sufficient to enable
policies to be developed, in accordance with section
103(4), to mitigate a short supply situation or seri-
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ous inflationary price rise or, if export controls are
needed, to permit imposition of such controls in a
timely manner. Information which the Secretary re-
quires to be furnished in effecting such monitoring
shall be confidential, except as provided in para-
graph (2).
(2) REPORTS ON MONITORING.—The results of
monitoring under paragraph (1) shall, to the extent
practicable, be aggregated and included in weekly re-
ports setting forth, with respect to each item mon-
itored, actual and anticipated exports, the destina-
tion by country, and the domestic and worldwide
price, supply, and demand. Such reports may be
made monthly if the Secretary determines that there
is insufficient information to justify weekly reports.
(3) CONSULTATION WITH SECRETARY OF EN-
ERGY.—The Secretary shall consult with the Sec-
retary of Energy to determine whether monitoring or
export controls under this section are warranted
with respect to exports of facilities, machinery, or
equipment normally and principally used, or in-
tended to be used, in the production, conversion, or
transportation of fuels and energy (except nuclear
energy), including, but not limited to—
(A) drilling rigs, platforms, and equipment;
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(B) petroleum refineries, and natural gas
processing, liquefaction, and gasification plants;
(C) facilities for production of synthetic
natural gas or synthetic crude oil;
(D) oil and gas pipelines, pumping sta-
tions, and associated equipment; and
(E) vessels for transporting oil, gas, coal,
and other fuels.
(c) PETITIONS FOR MONITORING OR CONTROLS OF
METALLIC MATERIALS.—
(1) IN GENERAL.—(A) Any entity, including a
trade association, firm, or certified or recognized
union or group of workers, that is representative of
an industry or a substantial segment of an industry
that processes metallic materials capable of being re-
cycled may transmit a written petition to the Sec-
retary requesting the monitoring of exports or the
imposition of export controls, or both, with respect
to any such material, in order to carry out the policy
set forth in section 103(4).
(B) Each petition shall be in such form as the
Secretary shall prescribe and shall contain informa-
tion in support of the action requested. The petition
shall include any information reasonably available to
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the petitioner indicating that each of the criteria set
forth in paragraph (3)(A) is satisfied.
(2) PUBLICATION OF NOTICE.—Within 15 days
after receipt of any petition described in paragraph
(1), the Secretary shall publish a notice in the Fed-
eral Register. The notice shall—
(A) include the name of the material that
is the subject to the petition;
(B) include the schedule B number of the
material as set forth in the Statistical Classi-
fication of Domestic and Foreign Commodities
Exported from the United States;
(C) indicate whether the petition is re-
questing that controls or monitoring, or both,
be imposed with respect to the exportation of
such material; and
(D) provide that interested persons shall
have a period of 30 days beginning on the date
on which the notice is published to submit to
the Secretary written data, views, or argu-
ments, with or without opportunity for oral
presentation, with respect to the matter in-
volved.
At the request of the petitioner or any other entity
described in paragraph (1)(A) with respect to the
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material which is the subject of the petition, or at
the request of any entity representative of producers
or exporters of such material, the Secretary shall
conduct public hearings with respect to the subject
of the petition, in which case the 30-day period may
be extended to 45 days.
(3) DETERMINATION OF MONITORING OR CON-
TROLS.—(A) Within 45 days after the end of the
30- or 45-day period described in paragraph (2), as
the case may be, the Secretary shall determine
whether to impose monitoring or controls, or both,
on the export of the material that is the subject of
the petition in order to carry out the policy set forth
in section 103(4). In making such determination,
the Secretary shall determine whether—
(i) there has been a significant increase, in
relation to a specific period of time, in exports
of such material in relation to domestic supply
and demand;
(ii) there has been a significant increase in
domestic price of such material or a domestic
shortage of such material relative to demand;
(iii) exports of such material are as impor-
tant as any other cause of a domestic price in-
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crease or shortage relative to demand found
under clause (ii);
(iv) a domestic price increase or shortage
relative to demand found under clause (ii) has
significantly adversely affected or may signifi-
cantly adversely affect the national economy or
any sector thereof, including a domestic indus-
try; and
(v) monitoring or controls, or both, are
necessary in order to carry out the policy set
forth in section 103(4).
(B) The Secretary shall publish in the Federal
Register a detailed statement of the reasons for the
Secretary’s determination under subparagraph (A)
of whether to impose monitoring or controls, or
both, including the findings of fact in support of
that determination.
(4) PUBLICATION
OF
REGULATIONS.—Within
15 days after making a determination under para-
graph (3) to impose monitoring or controls on the
export of a material, the Secretary shall publish in
the Federal Register proposed regulations with re-
spect to such monitoring or controls. Within 30 days
after the publication of such proposed regulations,
and after considering any public comments on the
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proposed regulations, the Secretary shall publish and
implement final regulations with respect to such
monitoring or controls.
(5) CONSOLIDATION OF PETITIONS.—For pur-
poses of publishing notices in the Federal Register
and scheduling public hearings pursuant to this sub-
section, the Secretary may consolidate petitions, and
responses to such petitions, which involve the same
or related materials.
(6) SUBSEQUENT PETITIONS ON SAME MATE-
RIAL.—If a petition with respect to a particular ma-
terial or group of materials has been considered in
accordance with all the procedures described in this
subsection, the Secretary may determine, in the ab-
sence of significantly changed circumstances, that
any other petition with respect to the same material
or group of materials which is filed within 6 months
after the consideration of the prior petition has been
completed does not merit complete consideration
under this subsection.
(7) 
PRECEDENCE
OF
PROCEDURES
OVER
OTHER REVIEWS.—The procedures and time limits
set forth in this subsection with respect to a petition
filed under this subsection shall take precedence over
any review undertaken at the initiative of the Sec-
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retary with respect to the same subject as that of
the petition.
(8) TEMPORARY
CONTROLS.—The Secretary
may impose monitoring or controls, on a temporary
basis, on the export of a metallic material after a pe-
tition is filed under paragraph (1)(A) with respect to
that material but before the Secretary makes a de-
termination under paragraph (3) with respect to
that material only if—
(A) the failure to take such temporary ac-
tions would result in irreparable harm to the
entity filing the petition, or to the national
economy or segment thereof, including a domes-
tic industry, and
(B) the Secretary considers such action to
be necessary to carry out the policy set forth in
section 103(4).
(9) OTHER AUTHORITY NOT AFFECTED.—The
authority under this subsection shall not be con-
strued to affect the authority of the Secretary under
any other provision of this title, except that if the
Secretary determines, on the Secretary’s own initia-
tive, to impose monitoring or controls, or both, on
the export of metallic materials capable of being re-
cycled, under the authority of this section, the Sec-
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retary shall publish the reasons for such action in
accordance with paragraph (3)(A) and (B).
(10) SUBMISSION AND CONSIDERATION OF AD-
DITIONAL INFORMATION.—Nothing contained in this
subsection shall be construed to preclude submission
on a confidential basis to the Secretary of informa-
tion relevant to a decision to impose or remove mon-
itoring or controls under the authority of this title,
or to preclude consideration of such information by
the Secretary in reaching decisions required under
this subsection. The provisions of this paragraph
shall not be construed to affect the applicability of
section 552(b) of title 5, United States Code.
(d) AGRICULTURAL COMMODITIES.—
(1) APPROVAL OF CONTROLS BY SECRETARY OF
AGRICULTURE.—The authority conferred by this sec-
tion shall not be exercised with respect to any agri-
cultural commodity, including fats and oils, forest
products, or animal hides or skins, without the ap-
proval of the Secretary of Agriculture. The Secretary
of Agriculture shall not approve the exercise of such
authority with respect to any such commodity during
any period for which the supply of such commodity
is determined by the Secretary of Agriculture to be
in excess of the requirements of the domestic econ-
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omy, except to the extent the President determines
that the controls on such agricultural commodities
are also imposed under section 106. The Secretary
of Agriculture shall, by exercising the authority
which the Secretary of Agriculture has under other
applicable provisions of law, collect data with respect
to export sales of animal hides and skins.
(2) PROTECTION
OF
STORED
COMMODITIES
FROM FUTURE CONTROLS.—Upon approval of the
Secretary, in consultation with the Secretary of Ag-
riculture, agricultural commodities purchased by or
for use in a foreign country may remain in the Unit-
ed States for export at a later date free from any
quantitative limitations on export which may be im-
posed to carry out the policy set forth in section
103(4) subsequent to such approval. The Secretary
may not grant such approval unless the Secretary
receives adequate assurance and, in conjunction with
the Secretary of Agriculture, finds—
(A) that such commodities will eventually
be exported,
(B) that neither the sale nor export thereof
will result in an excessive drain of scarce mate-
rial and have a serious domestic inflationary
impact,
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(C) that storage of such commodities in
the United States will not unduly limit the
space available for storage of domestically
owned commodities, and
(D) that the purpose of such storage is to
establish a reserve of such commodities for later
use, not including resale to or use by another
country.
The Secretary may issue such regulations as may be
necessary to carry out this paragraph.
(3) PROCEDURES FOR IMPOSING CONTROLS.—
(A) If the President imposes export controls on any
agricultural commodity under section 106 or this
section, the President shall immediately transmit a
report on such action to the Congress, setting forth
the reasons for the controls in detail and specifying
the period of time, which may not exceed 1 year,
that the controls are proposed to be in effect. If the
Congress, within 60 days after the date of the re-
ceipt of the report, enacts a joint resolution pursu-
ant to paragraph (4) approving the imposition of the
export controls, then such controls shall remain in
effect for the period specified in the report, or until
terminated by the President, whichever occurs first.
If the Congress, within 60 days after the date of its
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receipt of such report, fails to adopt a joint resolu-
tion approving such controls, then such controls
shall cease to be effective upon the expiration of that
60-day period.
(B) The provisions of subparagraph (A) and
paragraph (4) shall not apply to export controls—
(i) which are extended under this title if
the controls, when imposed, were approved by
the Congress under subparagraph (A) and
paragraph (4); or
(ii) which are imposed with respect to a
country as part of the prohibition or curtail-
ment of all exports to that country.
(4) EXPEDITED
PROCEDURES.—(A) For pur-
poses of this paragraph, the term ‘‘joint resolution’’
means only a joint resolution the matter after the
resolving clause of which is as follows: ‘‘That pursu-
ant to section 107(d)(3) of the Export Administra-
tion Act of 1996, the President may impose export
controls as specified in the report submitted to the
Congress on lll.’’, with the blank space being
filled with the appropriate date.
(B) On the day on which a report is submitted
to the House of Representatives and the Senate
under paragraph (3), a joint resolution with respect
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to the export controls specified in such report shall
be introduced (by request) in the House by either
the chairman of the Committee on International Re-
lations, for the chairman and the ranking minority
member of the Committee, or by Members of the
House designated by the chairman and ranking mi-
nority member; and shall be introduced (by request)
in the Senate by the majority leader of the Senate,
for the majority leader and the minority leader of
the Senate, or by Members of the Senate designated
by the majority leader and minority leader of the
Senate. If either House is not in session on the day
on which such a report is submitted, the joint reso-
lution shall be introduced in that House, as provided
in the preceding sentence, on the first day thereafter
on which that House is in session.
(C) If the committee of either House to which
a joint resolution has been referred has not reported
the joint resolution at the end of 30 days after its
referral, the committee shall be discharged from fur-
ther consideration of the resolution.
(D) A joint resolution under this paragraph
shall be considered in the Senate in accordance with
the provisions of section 601(b)(4) of the Inter-
national Security Assistance and Arms Export Con-
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trol Act of 1976. For the purpose of expediting the
consideration and passage of joint resolutions re-
ported to the House of Representatives by the Com-
mittee on International Relations under this para-
graph, a motion to proceed to the consideration in
the House of any such joint resolution shall be con-
sidered as highly privileged if offered by the chair-
man of the committee or a designee on or after the
third day the report on the joint resolution has been
available to Members pursuant to clause 2(l)(6) of
rule XI of the Rules of the House of Representa-
tives. The motion shall not be subject to debate or
to intervening motion or otherwise subject to points
of order, nor shall it be in order to move to recon-
sider the vote by which the motion is agreed to or
not agreed to. If the motion is agreed to, the joint
resolution shall be considered in the House and de-
batable for not to exceed two hours equally divided
and controlled by the chairman and ranking minor-
ity member of the committee. The previous question
shall be considered as ordered on the joint resolution
to final passage without intervening motion.
(E) In the case of a joint resolution described
in subparagraph (A), if, before the passage by one
House of a joint resolution of that House, that
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House receives a resolution with respect to the same
matter from the other House, then—
(i) the procedure in that House shall be
the same as if no joint resolution has been re-
ceived from the other House; but
(ii) the vote on final passage shall be on
the joint resolution of the other House.
(5) COMPUTATION OF TIME PERIODS.—In the
computation of the period of 60 days referred to in
paragraph (3)(A) and the period of 30 days referred
to in paragraph (4)(C), there shall be excluded the
days on which either House of Congress is not in
session because of an adjournment of more than 3
days to a day certain or because of an adjournment
of the Congress sine die.
(6) RULEMAKING POWER.—The provisions of
this subsection are enacted by the Congress—
(A) as an exercise of the rulemaking power
of the House of Representatives and the Sen-
ate, respectively, and as such, they shall be con-
sidered as part of the rules of each House, re-
spectively, or of that House to which they spe-
cifically apply, and such rules shall supersede
other rules only to the extent that they are in-
consistent therewith; and
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(B) with full recognition of the constitu-
tional right of either House to change such
rules (so far as relating to such House) at any
time, in the same manner, and to the same ex-
tent as in the case of any other rule of such
House.
(e) BARTER AGREEMENTS.—
(1) EXEMPTION FROM CONTROLS.—The expor-
tation pursuant to a barter agreement of any com-
modities which may lawfully be exported from the
United States, for any commodities which may law-
fully be imported into the United States, may be ex-
empted, in accordance with paragraph (2), from any
quantitative limitation on exports (other than any
reporting requirement) imposed to carry out the pol-
icy set forth in section 103(4).
(2) CRITERIA FOR EXEMPTION.—The Secretary
shall grant an exemption under paragraph (1) if the
Secretary finds, after consultation with the appro-
priate department or agency of the United States,
that—
(A) for the period during which the barter
agreement is to be performed—
(i) the average annual quantity of the
commodities to be exported pursuant to
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the barter agreement will not be required
to satisfy the average amount of such com-
modities estimated to be required annually
by the domestic economy and will be sur-
plus thereto; and
(ii) the average annual quantity of the
commodities to be imported will be more
than the average amount of such commod-
ities estimated to be required annually to
supplement domestic production; and
(B) the parties to such barter agreement
have demonstrated adequately that they intend,
and have the capacity, to perform such barter
agreement.
(3) DEFINITION.—For purposes of this sub-
section, the term ‘‘barter agreement’’ means any
agreement which is made for the exchange, without
monetary consideration, of any commodities pro-
duced in the United States for any commodities pro-
duced outside of the United States.
(4) 
APPLICABILITY.—This 
subsection 
shall
apply only with respect to barter agreements entered
into after September 30, 1979.
(f) EFFECT
OF CONTROLS
ON EXISTING CON-
TRACTS.—
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(1) WESTERN RED CEDAR.—Any export con-
trols imposed under section 7(i) of the Export Ad-
ministration Act of 1979 or this section shall not af-
fect any contract to harvest unprocessed western red
cedar from State lands which was entered into be-
fore October 1, 1979, and the performance of which
would make the red cedar available for export.
(2) OTHER
CONTROLS.—Any export controls
imposed under this section on any agricultural com-
modity (including fats, oils, forest products, and ani-
mal hides and skins), or on any fishery product,
shall not affect any contract to export entered into
before the date on which such controls are imposed.
For purposes of this paragraph, the term ‘‘contract
to export’’ includes, but is not limited to, an export
sales agreement and an agreement to invest in an
enterprise which involves the export of commodities
or technology.
(g) OIL EXPORTS
FOR USE
BY UNITED STATES
MILITARY FACILITIES.—For purposes of this section, and
for purposes of any export controls imposed under this
title, shipments of crude oil, refined petroleum products,
or partially refined petroleum products from the United
States for use by the Department of Defense or United
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States-supported installations or facilities shall not be con-
sidered to be exports.
SEC. 108. FOREIGN BOYCOTTS.
(a) PROHIBITIONS AND EXCEPTIONS.—
(1) PROHIBITIONS.—In order to carry out the
policies set forth in section 103(9), 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 which is friendly
to the United States and which is not itself the ob-
ject 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, a requirement of, or a re-
quest from or on behalf of the boycotting coun-
try. The mere absence of a business relationship
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with or in the boycotted country, with any busi-
ness concern organized under the laws of the
boycotted country, with any national or resident
of the boycotted country, or with any other per-
son, does not indicate the existence of the in-
tent required to establish a violation of regula-
tions issued to carry out this subparagraph.
(B) Refusing, or requiring any other per-
son to refuse, to employ or otherwise discrimi-
nating 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 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-
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try, with any national or resident of the boy-
cotted country, or with any other person that is
known or believed to be restricted from having
any business relationship with or in the boycott-
ing country. Nothing in this paragraph shall
prohibit the furnishing of normal business in-
formation in a commercial context as defined by
the Secretary.
(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 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—
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(A) complying or agreeing to comply with
requirements—
(i) prohibiting the import of commod-
ities or services from the boycotted country
or commodities produced or services pro-
vided 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 com-
modities 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) 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
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route of shipment as may be permitted by such
regulations in order to comply with precaution-
ary 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 com-
modities which, in the normal course of busi-
ness, are 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 transshipment 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
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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 the
country with respect to such 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, as may be defined by such regula-
tions.
(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 the subsection may be con-
strued to supersede or limit the operation of the
antitrust or civil rights laws of the United States.
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(5) EVASION.—This section shall apply 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 as imple-
mented by the regulations issued pursuant to this
subsection, and such regulations shall expressly pro-
vide that the exceptions set forth in paragraph (2)
shall not permit activities or agreements (expressed
or implied by a course of conduct, including a pat-
tern of responses) otherwise prohibited, which are
not within the intent of such exceptions.
(b) ADDITIONAL REGULATIONS AND REPORTS.—
(1) REGULATIONS.—In addition to the regula-
tions issued pursuant to subsection (a), regulations
issued under section 106 shall implement the policies
set forth in section 103(9).
(2) REPORTS BY UNITED STATES PERSONS.—
Such regulations shall require that any United
States person receiving a request for the furnishing
of information, the entering into or implementing of
agreements, or the taking of any other action re-
ferred to in section 103(9) shall report that fact to
the Secretary, together with such other information
concerning such request as the Secretary may re-
quire, for such action as the Secretary considers ap-
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propriate for carrying out the policies of that sec-
tion. Such person shall also report to the Secretary
whether such person intends to comply and whether
such person has complied with such request. Any re-
port filed pursuant to this paragraph shall be made
available promptly for public inspection and copying,
except that information regarding the quantity, de-
scription, and value of any commodities or tech-
nology to which such report relates may be kept con-
fidential if the Secretary determines that disclosure
thereof would place the United States person in-
volved at a competitive disadvantage. The Secretary
shall periodically transmit summaries of the infor-
mation contained in such reports to the Secretary of
State for such action as the Secretary of State, in
consultation with the Secretary, considers appro-
priate for carrying out the policies set forth in sec-
tion 103(9).
(c) PREEMPTION.—The provisions of this section and
the regulations issued under this section shall preempt any
law, rule, or regulation which—
(1) is a law, rule, or regulation of any of the
several States or the District of Columbia, or any of
the territories or possessions of the United States,
or of any governmental subdivision thereof; and
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(2) pertains to participation in, compliance
with, implementation of, or the furnishing of infor-
mation regarding restrictive trade practices or boy-
cotts fostered or imposed by foreign countries
against other countries.
SEC. 109. PROCEDURES FOR PROCESSING EXPORT LI-
CENSE APPLICATIONS; OTHER INQUIRIES.
(a) 
PRIMARY
RESPONSIBILITY
OF
THE
SEC-
RETARY.—
(1) IN GENERAL.—All export license applica-
tions required under this title shall be submitted by
the applicant to the Secretary. Subject to the proce-
dures provided in this section—
(A) if referral of an application to other
departments or agencies for review is not re-
quired, the Secretary shall, within 9 days after
receiving the application, issue a license or no-
tify the applicant of the intent to deny the ap-
plication; or
(B) if referral of the application to other
departments or agencies for review is required,
the Secretary shall, within 30 days after refer-
ral of any such application to other depart-
ments or agencies—
(i) issue a license;
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(ii) notify the applicant of the intent
to deny the application; or
(iii) ensure that the application is sub-
ject to the interagency resolution process
set forth in subsection (d).
(2) RECOMMENDATIONS
OF
OTHER
AGEN-
CIES.—The Secretary shall seek information and
recommendations from the Department of Defense
and other departments and agencies of the United
States that are identified by the President as being
concerned with factors having an important bearing
on exports administered under this title. Such de-
partments and agencies shall cooperate fully and
promptly in rendering information and recommenda-
tions.
(3) PROCEDURES.—In guidance and regulations
that implement this section, the Secretary shall de-
scribe the procedures required by this section, the
responsibilities of the Secretary and of other depart-
ments and agencies in reviewing applications, the
rights of the applicant, and other relevant matters
affecting the review of license applications.
(4) CALCULATION OF PROCESSING TIMES.—In
calculating the processing times set forth in this sec-
tion, the Secretary shall use calendar days, except
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that if the final day for a required action falls on a
weekend or holiday, that action shall be taken no
later than the following business day.
(5) RELIABILITY
OF
PARTIES.—In reviewing
applications for export licenses, the Secretary may in
each case consider the reliability of the parties to the
proposed export. In making such an evaluation, the
Secretary may consider all sources of information,
including results of other United States Government
actions, such as actions by the Committee on For-
eign Investment in the United States, investigations
of diversions from authorized end uses or end users,
and intelligence information, except that the consid-
eration of such information in connection with the
evaluation of the reliability of parties shall not au-
thorize the direct or indirect disclosure of classified
information or sources and methods of gathering
classified information and shall not confer a right on
private parties to have access to classified informa-
tion.
(b) INITIAL SCREENING.—
(1) UPON RECEIPT OF APPLICATION.—Upon re-
ceipt of an export license application, the Secretary
shall enter and maintain in the records of the De-
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partment of Commerce information regarding the re-
ceipt and status of the application.
(2) INITIAL PROCEDURES.—Promptly upon re-
ceiving any license application, the Secretary shall—
(A) contact the applicant if the application
is improperly completed or if additional infor-
mation is required, and hold the application for
a reasonable time while the applicant provides
the necessary corrections or information, and
such time shall not be included in calculating
the time periods prescribed in this section;
(B) refer the application, including all in-
formation submitted by the applicant, and all
necessary recommendations and analyses by the
Secretary to the Department of Defense and
other departments and agencies identified by
the President under subsection (a)(2); and
(C) ensure that the classification stated on
the application for the export items is correct,
return the application if a license is not re-
quired, and, if referral to other departments or
agencies is not required, grant the application
or notify the applicant of the Secretary’s intent
to deny the application.
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In the event that the head of a department or agen-
cy determines that certain types of applications need
not be referred to the department or agency, such
department or agency head shall notify the Sec-
retary of the specific types of such applications that
the department or agency does not wish to review.
(c) ACTION BY OTHER DEPARTMENTS AND AGEN-
CIES.—
(1) REFERRAL TO OTHER AGENCIES.—The Sec-
retary shall promptly refer license applications to de-
partments and agencies under subsection (b) to
make recommendations and provide information to
the Secretary.
(2) RESPONSIBILITY
OF
REFERRAL
AGEN-
CIES.—The Department of Defense and other re-
viewing departments and agencies shall organize
their resources and units to plan for the prompt and
expeditious internal dissemination of export license
applications, if necessary, so as to avoid delays in re-
sponding to the referral of applications.
(3) ADDITIONAL
INFORMATION
REQUESTS.—
Each department or agency to which a license appli-
cation is referred shall specify to the Secretary any
information that is not in the application that would
be required for the department or agency to make
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a determination with respect to the application, and
the Secretary shall promptly request such informa-
tion from the applicant. The time that may elapse
between the date the information is requested by
that department or agency and the date the infor-
mation is received by that department or agency
shall not be included in calculating the time periods
prescribed in this section.
(4) TIME PERIOD FOR ACTION BY REFERRAL
DEPARTMENTS
AND
AGENCIES.—Within 30 days
after receiving a referral of an application under this
section, the department or agency concerned shall
provide the Secretary with a recommendation either
to approve the license or to deny the license. A rec-
ommendation that the Secretary deny a license shall
include a statement of reasons for the recommenda-
tion that are consistent with the provisions of this
title, and shall cite both the specific statutory and
the regulatory basis for the recommendation. A de-
partment or agency that fails to provide a rec-
ommendation in accordance with this paragraph
within that 30-day period shall be deemed to have
no objection to the decision of the Secretary on the
application.
(d) INTERAGENCY RESOLUTION.—
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(1) INITIAL RESOLUTION.—The Secretary shall
establish, select the chairperson of, and determine
procedures for an interagency committee to review
initially all license applications on which the depart-
ments and agencies reviewing the applications under
this section are not in agreement. The chairperson
of such committee shall consider the recommenda-
tions of the departments and agencies reviewing a
particular application and inform them of his or her
decision on the application, which may include a de-
cision that the particular application requires further
consideration under the procedures established
under paragraph (2). An application may also be re-
ferred to further consideration under the procedures
established under paragraph (2) if an appeal from
the chairperson’s decision is made in writing by an
official of the department or agency concerned who
is appointed by the President by and with the advice
and consent of the Senate, or an officer properly
acting in such capacity.
(2) FURTHER
RESOLUTION.—The President
shall establish a process for the further review and
determination of export license applications pursuant
to a decision by the chairperson under paragraph (1)
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or an appeal by a department or agency under para-
graph (1). Such process shall—
(A) be chaired by the Secretary or his or
her designee;
(B) ensure that license applications are re-
solved or referred to the President no later than
90 days after the date the license application is
initially received by the Secretary;
(C) provide that a department or agency
dissenting from the decision reached under sub-
paragraph (B) may appeal the decision to the
President; and
(D) provide that a department or agency
that fails to take a timely position, citing the
specific statutory and regulatory bases for a de-
nial, shall be deemed to have no objection to the
pending decision.
(e) ACTIONS BY THE SECRETARY IF APPLICATION
DENIED.—In cases where the Secretary has determined
that an application should be denied, the applicant shall
be informed in writing of—
(1) the determination to deny;
(2) the specific statutory and regulatory bases
for the proposed denial;
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(3) what, if any, modifications in or restrictions
on the items for which the license was sought would
allow such export to be compatible with export con-
trols imposed under this title, and which officer or
employee of the Department of Commerce would be
in a position to discuss modifications or restrictions
with the applicant and the specific statutory and
regulatory bases for imposing such modifications or
restrictions;
(4) to the extent consistent with the national
security and foreign policy of the United States, the
specific considerations that led to the determination
to deny the application; and
(5) the availability of appeal procedures.
The Secretary shall allow the applicant 20 days to
respond to the determination before the license ap-
plication is denied.
(f) EXCEPTIONS FROM REQUIRED TIME PERIODS.—
The following actions related to processing an application
shall not be included in calculating the time periods pre-
scribed in this section:
(1) AGREEMENT OF THE APPLICANT.—Delays
upon which the Secretary and the applicant mutu-
ally agree.
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(2) PRELICENSE CHECKS.—A prelicense check
that may be required to establish the identity and
reliability of the recipient of items controlled under
this title, if—
(A) the need for the prelicense check is de-
termined by the Secretary, or by another de-
partment or agency if the request for the
prelicense check is made by such department or
agency;
(B) the request for the prelicense check is
sent by the Secretary within 5 days after the
determination that the prelicense check is re-
quired; and
(C) the analysis of the result of the
prelicense check is completed by the Secretary
within 5 days.
(3) REQUESTS FOR GOVERNMENT-TO-GOVERN-
MENT ASSURANCES.—Any request by the Secretary
or another department or agency for government-to-
government assurances of suitable end uses of items
approved for export, when failure to obtain such as-
surances would result in rejection of the application,
if—
(A) the request for such assurances is sent
to the Secretary of State within 5 days after
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the determination that the assurances are re-
quired;
(B) the Secretary of State initiates the re-
quest of the relevant government within 10
days thereafter; and
(C) the license is issued within 5 days
after the Secretary receives the requested assur-
ances.
Whenever a prelicense check described in paragraph
(2) and assurances described in this paragraph are
not requested within the time periods set forth
therein, then the time expended for such prelicense
check or assurances shall be included in calculating
the time periods established by this section.
(4) MULTILATERAL REVIEW.—Multilateral re-
view of a license application to the extent that such
multilateral review is required by a relevant multilat-
eral regime.
(5) 
CONGRESSIONAL
NOTIFICATION.—Such
time as is required for mandatory congressional noti-
fications under this title.
(6) CONSULTATIONS.—Consultation with other
governments, if such consultation is provided for by
a relevant multilateral regime as a precondition for
approving a license.
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(g) APPEALS.—
(1) IN GENERAL.—The Secretary shall establish
appropriate procedures for any applicant to appeal
to the Secretary the denial of an export license ap-
plication or other administrative action under this
title.
(2) FILING OF PETITION.—In any case in which
any action prescribed in this section is not taken on
a license application within the time periods estab-
lished by this section (except in the case of a time
period extended under subsection (f) of which the
applicant is notified), the applicant may file a peti-
tion with the Secretary requesting compliance with
the requirements of this section. When such petition
is filed, the Secretary shall take immediate steps to
correct the situation giving rise to the petition and
shall immediately notify the applicant of such steps.
(3) BRINGING COURT ACTION.—If, within 20
days after a petition is filed under paragraph (2),
the processing of the application has not been
brought into conformity with the requirements of
this section, or the application has been brought into
conformity with such requirements but the Secretary
has not so notified the applicant, the applicant may
bring an action in an appropriate United States dis-
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trict court for an order requiring compliance with
the time periods required by this section. The Unit-
ed States district courts shall have jurisdiction to
provide such relief, as appropriate.
(h) CLASSIFICATION REQUESTS AND OTHER INQUIR-
IES.—
(1) CLASSIFICATION REQUESTS.—In any case
in which the Secretary receives a written request
asking for the proper classification of an item on the
control index, the Secretary shall, within 14 days
after receiving the request, inform the person mak-
ing the request of the proper classification.
(2) OTHER INQUIRIES.—In any case in which
the Secretary receives a written request for informa-
tion about the applicability of licensing requirements
under this title to a proposed export transaction or
series of transactions, the Secretary shall, within 30
days after receiving the request, reply with that in-
formation to the person making the request.
SEC. 110. VIOLATIONS.
(a) CRIMINAL PENALTIES.—
(1) VIOLATIONS BY AN INDIVIDUAL.—Except as
provided in paragraph (3), any individual who know-
ingly violates or conspires to or attempts to violate
any provision of this title or any regulation, license,