Export Control Improvements Act

Bill: 110-hr-6828
Sponsor: Rep. Sherman, Brad [D-CA-27]
Introduced: 2008-08-01 in the House
Policy area: Foreign Trade and International Finance
Subjects: Administrative law and regulatory procedures
Administrative remedies
Congressional oversight
Customs enforcement
Department of Commerce
Government information and archives
Judicial review and appeals
Licensing and registrations
Middle East
Military assistance, sales, and agreements
Sanctions
Technology transfer and commercialization
Trade restrictions
United Arab Emirates

Summary:
action_date: 2008-08-01
text: 
Export Control Improvements Act - Securing Exports Through Coordination and Technology Act - Amends the Foreign Relations Authorization Act, Fiscal Year 2003 to revise filing requirements under the Automated Export System (AES).
 
Requires carriers obliged to file Shipper's Export Declarations to file them through AES (either directly or through intermediaries) before items are exported from any U.S. port, unless the Secretary of Commerce grants an exception. (Under current law such a filing may be made after departure of the carrier from the port or place of exportation or transportation.) Defines &quot;intermediary&quot; as a freight forwarder, a non-vessel operating common carrier, or an ATA (Admission Temporaire/Temporary Admission) Carnet and its service providers.
 
Sets forth requirements regarding conferences and seminars to educate exporters about U.S. export laws and the AES. 
 
Authorizes the Secretary to: (1) register persons to file information in the AES; and (2) revoke, suspend, or deny a registration. Provides for administrative and judicial appeal of registration revocations, suspensions, or denials.
 
Requires the Secretary of Commerce to issue regulations to ensure that the AES will identify filings with respect to exports that would violate U.S. export control laws or trade sanctions regulations.
 
Export Enforcement Act of 2008 - Amends the Export Administration Act of 1979 to modify enforcement mechanisms under the Act. Subjects to forfeiture any tangible items lawfully seized by U.S. designated officers or employees. Specifies the use of funds made available for undercover investigation operations by the Office of Export Enforcement.
 
Authorizes the Secretary of Commerce, without fiscal year limitations, to expend funds transferred to, paid to, received by, or made available to the Bureau of Industry and Security of the Department of Commerce as a reimbursement.
 
Recognizes United Arab Emirates' efforts with respect to the diversion of dual-use items to prohibited destinations. Requires the Secretary of Commerce to: (1) create a designation of a country as a &quot;country of diversion concern&quot; with respect to the illegal transshipment of dual-use items; and (2) impose additional restrictions on exports of such items to a country of diversion concern.
 
Directs the Comptroller General to conduct, and report to the appropriate congressional committees on, an audit of the Validated End-User program operated by the Department of Commerce.
 
Requires the President to report to Congress on transfers of U.S. military sensitive technology to countries and entities of concern.


Legislative actions:
action_date: 2008-09-29
text: Referred to the Subcommittee on Border, Maritime, and Global Counterterrorism.
action_date: 2008-08-01
text: Referred to the Committee on Foreign Affairs, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-08-01
text: Referred to the Committee on Foreign Affairs, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-08-01
text: Referred to the Committee on Foreign Affairs, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-08-01
text: Introduced in House
action_date: 2008-08-01
text: Introduced in House