Export Control Improvements Act

Bill: 111-hr-3515
Sponsor: Rep. Sherman, Brad [D-CA-27]
Introduced: 2009-07-31 in the House
Policy area: International Affairs
Subjects: Administrative remedies
Arms control and nonproliferation
Congressional oversight
Department of Commerce
Government information and archives
Government studies and investigations
Iran
Licensing and registrations
Middle East
Military procurement, research, weapons development
Nuclear weapons
Sanctions
Technology transfer and commercialization
Terrorism
Trade restrictions
User charges and fees

Summary:
action_date: 2009-07-31
text: 
Export Control Improvements Act - Securing Exports Through Coordination and Technology Act - Amends the Foreign Relations Authorization Act, Fiscal Year 2003 to set forth requirements regarding conferences and seminars to educate exporters about U.S. export laws and the Automated Export System (AES). 
 
Revises filing requirements under the AES to authorize the Secretary of Commerce to: (1) register agents 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 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 2009 - Delineates general authorities for the enforcement of the Export Administration Regulations, in particular to the Secretary for enforcement of their restrictive trade practices and boycott provisions.
 
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, 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.
 
Requires the President to report annually to the appropriate congressional committees on all countries identified to be of concern with respect to transshipment, reexportation, or diversion of sensitive items to Iran.
 
Requires the Secretary to designate a country as a Destination of Possible Diversion Concern if appropriate to carry out activities to strengthen that country's export control systems. Requires the United States to initiate such activities on a government-to-government basis. 
 
Defines a Destination of Diversion Concern as any country whose government is directly involved in the transshipment, reexportation, or diversion of U.S.-originating controlled items to unverifiable end users or to Iran, or that has failed to strengthen adequately its export control systems. 
 
Requires a license to export to a country designated a Destination of Diversion Concern any controlled items that could contribute to Iran's obtaining nuclear, biological, or chemical weapons, defense technologies, components for improvised explosive devices (IEDs), or other defense items, or its support for acts of international terrorism.
 
Requires the President to report to the appropriate congressional committees on: (1) any country that may be may be transshipping, reexporting, or diverting controlled items to another country if such other country is seeking to obtain nuclear, biological, or chemical weapons, defense technologies, components for IEDs, or other defense items, or provides support for acts of international terrorism; and (2) the feasibility and advisability of including such countries in the system for designating countries as Destinations of Possible Diversion Concern and Destinations of Diversion Concern.
 
Requires the President to report to Congress on transfers of military sensitive technology to countries and entities of concern during the preceding year.


Legislative actions:
action_date: 2009-07-31
text: Referred to the House Committee on Foreign Affairs.
action_date: 2009-07-31
text: Introduced in House
action_date: 2009-07-31
text: Introduced in House