Export Administration Act of 1979
PL 96-72 (S.737), enacted 09/29/1979

PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 503 
Public Law 96-72 
96th Congress 
An Act 
Sent 29 1979 
To provide authority to regulate exports, to improve the efficiency of export 
f!——'-
regulation, and to minimize interference with the ability to engage in commerce. 
[S. 737] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Export 
Administration 
SHORT TITLE 
Act of 1979. 
SECTION 1. This Act may be cited as the "Export Administration 
50 use app. 2401 
Act of 1979". 
"•'^• 
FINDINGS 
SEC. 2. The Congress makes the following findings: 
^P^ 
^PP-
(1) The ability of United States citizens to engage in interna- 2^"^-
tional commerce is a fundamental concern of United States 
policy. 
(2) Exports contribute significantly to the economic well-being 
of the United States and the stability of the world economy by 
increasing employment and production in the United States, and 
by strengthening the trade balance and the value of the United 
States dollar, thereby reducing inflation. The restriction of 
exports from the United States can have serious adverse effects 
on the balance of payments and on domestic employment, 
particularly when restrictions applied by the United States are 
more extensive than those imposed by other countries. 
(3) It is important for the national interest of the United States 
that both the private sector and the Federal Government place a 
high priority on exports, which would strengthen the Nation's 
economy. 
(4) The availability of certain materials at home and abroad 
varies so that the quantity and composition of United States 
exports and their distribution among importing countries may 
affect the welfare of the domestic economy and may have an 
important bearing upon fulfillment of the foreign policy of the 
United States. 
(5) Exports of goods or technology without regard to whether 
they make a significant contribution to the military potential of 
individual countries or combinations of countries may adversely 
affect the national security of the United States. 
(6) Uncertainty of export control policy can curtail the efforts 
of American business to the detriment of the overall attempt to 
improve the trade balance of the United States. 
(7) Unreasonable restrictions on access to world supplies can 
cause worldwide political and economic instability, interfere 
with free international trade, and retard the growth and develop-
ment of nations. 
(8) It is important that the administration of export controls 
imposed for national security purposes give special emphasis to 
the need to control exports of technology (and goods which 
93 STAT. 504 
PUBLIC LAW 96-72—SEPT. 29, 1979 
contribute significantly to the transfer of such technology) which 
could make a significant contribution to the military potential of 
any country or combination of countries which would be detri-
mental to the national security of the United States. 
(9) Minimization of restrictions on exports of agricultural 
commodities and products is of critical importance to the mainte-
nance of a sound agricultural sector, to achievement of a positive 
balance of payments, to reducing the level of Federal expendi-
tures for agricultural support programs, and to United States 
cooperation in efforts to eliminate malnutrition and world 
hunger. 
DECLARATION OF POUCY 
50 use app. 
SEC. 3. The Congress makes the following declarations: 
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(1) It is the policy of the United States to minimize uncertain-
ties in export control policy and to encourage trade with all 
countries with which the United States has diplomatic or trading 
relations, except those countries with which such trade has been 
determined by the President to be against the national interest. 
(2) It is the policy of the United States to use export controls 
only after full consideration of the impact on the economy of the 
United States and only to the extent necessary— 
(A) to restrict the export of goods and technology which 
would make a significant contribution to the military poten-
tial of any other country or combination of countries which 
would prove detrimental to the national security of the 
United States; 
(B) to restrict the export of goods and technology where 
necessary to further significantly the foreign policy of the 
United States or to fulfill its declared international obliga-
tions; and 
(C) to restrict the export of goods where necessary to 
protect the domestic economy from the excessive drain of 
scarce materials and to reduce the serious inflationary 
impact of foreign demand. 
(3) It is the policy of the United States (A) to apply any 
necessary controls to the maximum extent possible in coopera-
tion with all nations, and (B) to encourage observance of a 
uniform export control policy by all nations with which the 
United States has defense treaty commitments. 
(4) It is the policy of the United States to use its economic 
resources and trade potential to further the sound growth and 
stability of its economy as well as to further its national security 
and foreign policy objectives. 
(5) It is the policy of the United States— 
(A) to oppose restrictive trade practices or boycotts fos-
tered 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, require United 
^ , ^ 
States persons engaged in the export of goods or technology 
-^—"^ 
or other information to refuse to take actions, including 
furnishing information or entering into or implementing 
agreements, which have the effect of furthering or support-
ing the restrictive trade practices or boycotts fostered or 
imposed by any foreign country against a country friendly to 
the United States or against any United States person; and 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 505 
(C) to foster international cooperation and the develop-
ment of international rules and institutions to assure rea-
sonable access to world supplies. 
(6) It is the policy of the United States that the desirability of 
subjecting, or continuing to subject, particular goods or technol-
ogy or other information to United States export controls should 
be subjected to review by and consultation with representatives 
of appropriate United States Government agencies and private 
industry. 
(7) It is the policy of the United States to use export controls, 
including license fees, to secure the removal by foreign countries 
of restrictions on access to supplies where such restrictions have 
or may have a serious domestic inflationary impact, have caused 
or may cause a serious domestic shortage, or have been imposed 
for purposes of influencing the foreign policy of the United 
States. In effecting this policy, the President shall make every 
reasonable effort to secure the removal or reduction of such 
restrictions, policies, or actions through international coopera-
tion and agreement before resorting to the imposition of controls 
on exports from the United States. No action taken in fulfillment 
of the policy set forth in this paragraph shall apply to the export 
of medicine or medical supplies. 
(8) It is the policy of the United States to use export controls to 
encourage other countries to take immediate steps to prevent the 
use of their territories or resources to aid, encourage, or give 
sanctuary to those persons involved in directing, supporting, or 
participating in acts of international terrorism. To achieve this 
objective, the President shall make every reasonable effort to 
secure the removal or reduction of such assistance to interna-
tional terrorists through international cooperation and agree-
ment before resorting to the imposition of export controls. 
(9) It is the policy of the United States to cooperate with other 
countries with which the United States has defense treaty 
commitments in restricting the export of goods and technology 
which would make a significant contribution to the military 
potential of any country or combination of countries which would 
prove detrimental to the security of the United States and of 
those countries with which the United States has defense treaty 
commitments. 
(10) It is the policy of the United States that export trade by 
United States citizens be given a high priority and not be 
controlled except when such controls (A) are necessary to further 
fundamental national security, foreign policy, or short supply 
objectives, (B) will clearly further such objectives, and (C) are 
administered consistent with basic standards of due process. 
(11) It is the policy of the United States to minimize restrictions 
on the export of agricultural commodities and products. 
GENERAL PROVISIONS 
SEC. 4. (a) TYPES OF LICENSES.—Under such conditions as may be so use app. 
imposed by the Secretary which are consistent with the provisions of ^^^^• 
this Act, the Secretary may require any of the following types of 
export licenses: 
(1) A validated license, authorizing a specific export, issued 
pursuant to an application by the exporter. 
(2) A qualified general license, authorizing multiple exports, 
issued pursuant to an application by the exporter. 
93 STAT. 506 
PUBLIC LAW 96-72—SEPT. 29, 1979 
(3) A general license, authorizing exports, without application 
by the exporter. 
(4) Such other licenses as may assist in the effective and 
efficient implementation of this Act. 
(b) COMMODITY CONTROL LIST,—The Secretary shall establish and 
maintain a list (hereinafter in this Act referred to as the "commodity 
control list") consisting of any goods or technology subject to export 
controls under this Act. 
(c) FOREIGN AVAILABIUTY.—In accordance with the provisions of 
this Act, the President shall not impose export controls for foreign 
policy or national security purposes on the export from the United 
States of goods or technology which he determines are available 
without restriction from sources outside the United States in signifi-
cant quantities and comparable in quality to those produced in the 
United States, unless the President determines that adequate evi-
dence has been presented to him demonstrating that the absence of 
such controls would prove detrimental to the foreign policy or 
national security of the United States. 
(d) RIGHT OF EXPORT.—No authority or permission to export may be 
required under this Act, or under regulations issued under this Act, 
except to carry out the policies set forth in section 3 of this Act. 
(e) DELEGATION OF AUTHORITY.—The President may delegate the 
power, authority, and discretion conferred upon him by this Act to 
such departments, agencies, or officials of the Government as he may 
consider appropriate, except that no authority under this Act may be 
delegated to, or exercised by, any official of any department or agency 
the head of which is not appointed by the President, by and with the 
advice and consent of the Senate. The President may not delegate or 
transfer his power, authority, and discretion to overrule or modify 
any recommendation or decision made by the Secretary, the Secre-
tary of Defense, or the Secretary of State pursuant to the provisions 
of this Act. 
(f) NOTIFICATION OF THE PUBLIC; CONSULTATION WITH BUSINESS.— 
The Secretary shall keep the public fully apprised of changes in 
export control policy and procedures instituted in conformity with 
this Act with a view to encouraging trade. The Secretary shall meet 
regularly with representatives of the business sector in order to 
obtain their views on export control policy and the foreign availabil-
ity of goods and technology. 
NATIONAL SECURITY CONTROLS 
50 use app. 
SEC. 5. (a) AUTHORITY.—(1) In order to carry out the policy set forth 
^^^^- 
in section 3(2)(A) of this Act, the President may, in accordance with 
the provisions of this section, prohibit or curtail the export of any 
goods or technology subject to the jurisdiction of the United States or 
exported by any person subject to the jurisdiction of the United 
States. The authority contained in this subsection shall be exercised 
by the Secretary, in consultation with the Secretary of Defense, and 
such other departments and agencies as the Secretary considers 
appropriate, and shall be implemented by means of export licenses 
described in section 4(a) of this Act. 
Publication in 
(2)(A) Whenever the Secretary makes any revision with respect to 
^^""^ 
any goods or technology, or with respect to the countries or destina-
^^ ^' 
tions, affected by export controls imposed under this section, the 
Secretary shall publish in the Federal Register a notice of such 
revision and shall specify in such notice that the revision relates to 
controls imposed under the authority contained in this section. 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 507 
(B) Whenever the Secretary denies any export license under this 
section, the Secretary shall specify in the notice to the applicant of 
the denial of such license that the license was denied under the 
authority contained in this section. The Secretary shall also include 
in such notice what, if any, modifications in or restrictions on the 
goods or technology for which the license was sought would allow 
such export to be compatible with controls imposed under this 
section, or the Secretary shall indicate in such notice which officers 
and employees of the Department of Commerce who are familiar with 
the application will be made reasonably available to the applicant for 
consultation with regard to such modifications or restriction, if 
appropriate. 
(3) In issuing regulations to carry out this sectiQn, particular 
attention shall be given to the difficulty of devising effective safe-
guards to prevent a country that poses a threat to the security of the 
United States from diverting critical technologies to military use, the 
difficulty of devising effective safeguards to protect critical goods, and 
the need to take effective measures to prevent the reexport of critical 
technologies from other countries to countries that pose a threat to 
the security of the United States. Such regulations shall not be based 
upon the assumption that such effective safeguards can be devised. 
(b) PoucY TOWARD INDIVIDUAL COUNTRIES.—In administering 
export controls for national security purposes under this section, 
United States policy toward individual countries shall not be deter-
mined exclusively on the basis of a country's Communist or non-
Communist status but shall take into account such factors as the 
country's present and potential relationship to the United States, its 
present and potential relationship to countries friendly or hostile to 
the United States, its ability and willingness to control retransfers of 
United States exports in accordance with United States policy, and 
such other factors as the President considers appropriate. The Presi-
dent shall review not less frequently than every three years in the 
case of controls maintained cooperatively with other nations, and 
annually in the case of all other controls. United States policy toward 
individual countries to determine whether such policy is appropriate 
in light of the factors specified in the preceding sentence. 
(c) CONTROL LIST.—(1) The Secretary shall establish and maintain, 
as part of 
the commodity control list, a list of all goods and technology 
subject to export controls under this section. Such goods and technol-
ogy shall be clearly identified as being subject to controls under this 
section. 
(2) The Secretary of Defense and other appropriate departments 
and agencies shall identify goods and technology for inclusion on the 
list referred to in paragraph (1). Those items which the Secretary and 
the Secretary of Defense concur shall be subject to export controls 
under this section shall comprise such list. If the Secretary and the 
Secretary of Defense are unable to concur on such items, the matter 
shall be referred to the President for resolution. 
(3) The Secretary shall issue regulations providing for review of the 
list established pursuant to this subsection not less frequently than 
every 3 years in the case of controls maintained cooperatively with 
other countries, and annually in the case of all other controls, in 
order to carry out the policy set forth in section 3(2XA) and the 
provisions of this section, and for the prompt issuance of such 
revisions of the list as may be necessary. Such regulations shall 
provide interested Government agencies and other affected or poten-
tially affected parties with an opportunity, during such review, to 
submit written data, views, or arguments, with or without oral 
presentation. Such regulations shall further provide that, as part of 
Export license 
denial, notice. 
Regulatory 
safeguards for 
U.S. security. 
Regulations. 
Submittal of 
written data, 
views, or 
arguments. 
93 STAT. 508 
PUBLIC LAW 96-72—SEPT. 29, 1979 
Review. 
Publication in 
Federal 
Register. 
Report to 
Congress. 
Validated 
licenses, 
requirement. 
such review, an assessment be made of the availability from sources 
outside the United States, or any of its territories or possessions, of 
goods and technology comparable to those controlled under this 
section. The Secretary and any agency rendering advise with respect 
to export controls shall keep adequate records of all decisions made 
with respect to revision of the list of controlled goods and technology, 
including the factual and analjrtical basis for the decision, and, in the 
case of the Secretary, any dissenting recommendations received from 
any agency. 
(d) MiuTARiLY CRITICAL TECHNOLOGIES.—(1) The Secretary, in con-
sultation with the Secretary of Defense, shall review and revise the 
list established pursuant to subsection (c), as prescribed in paragraph 
(3) of such subsection, for the jJurpose of insuring that export controls 
imposed under this section cover and (to the maximum extent 
consistent with the purposes of this Act) are limited to militarily 
critical goods and technologies and the mechanisms through which 
such goods and technologies may be effectively transferred. 
(2) The Secretary of Defense shall bear primary responsibility for 
developing a list of militarily critical technologies. In developing such 
list, primary emphasis shall be given to— 
(A) arrays of design and manufacturing know-how, 
(B) keystone manufacturing, inspection, and test equipment, 
and 
(C) goods accompanied by sophisticated operation, application, 
or maintenance know-how, 
which are not possessed by countries to which exports are controlled 
under this section and which, if exported, would permit a significant 
advance in a military system of any such country. 
(3) The list referred to in paragraph (2) shall be sufficiently specific 
to guide the determinations of any official exercising export licensing 
responsibilities under this Act. 
(4) The initial version of the list referred to in paragraph (2) shall be 
completed and published in an appropriate form in the Federal 
Register not later than October 1,1980. 
(5) The list of militarily critical technologies developed primarily 
by the Secretary of Defense pursuant to paragraph (2) shall become a 
part of the commodity control list, subject to the provisions of 
subsection (c) of this section. 
(6) The Secretary of Defense shall report annually to the Congress 
on actions taken to carry out this subsection. 
(e) EXPORT LICENSES.—(1) The Congress finds that the effectiveness 
and efficiency of the process of making export licensing determina-
tions under this section is severely hampered by the large volume of 
validated export license applications required to be submitted under 
this Act. Accordingly, it is the intent of Congress in this subsection to 
encourage the use of a qualified general license in lieu of a validated 
license. 
(2) To the maximum extent practicable, consistent with the 
national security of the United States, the Secretary shall require a 
validated license under this section for the export of goods or 
technology only if— 
(A) the export of such goods or technology is restricted pursu-
ant to a multilateral agreement, formal or informal, to which the 
United States is a party and, under the terms of such multi-
lateral agreement, such export requires the specific approval of 
the parties to such multilateral agreement; 
(B) with respect to such goods or technology, other nations do 
not possess capabilities comparable to those possessed by the 
United States; or 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 509 
(C) the United States is seeking the agreement of other 
suppliers to apply comparable controls to such goods or technol-
ogy and, in the judgment of the Secretary, United States export 
controls on such goods or technology, by means of such license, 
are necessary pending the conclusion of such agreement. 
(3) To the maximum extent practicable, consistent with the 
national security of the United States, the Secretary shall require a 
qualified general license, in lieu of a validated license, under this 
section for the export of goods or technology if the export of such 
goods or technologj^ is restricted pursuant to a multilateral agree-
ment, formal or informal, to which the United States is a party, but 
such export does not require the specific approval of the parties to 
such multilateral agreement. 
(4) Not later than July 1, 1980, the Secretary shall establish 
procedures for the approval of goods and technology that may be 
exported pursuant to a qualified general license. 
(f) FOREIGN AVAILABILITY.—(1) The Secretary, in consultation with Review, 
appropriate Government agencies and with appropriate technical 
advisory committees established pursuant to subsection (h) of this 
section, shall review, on a continuing basis, the availability, to 
countries to which exports are controlled under this section, from 
sources outside the United States, including countries which partici-
pate with the United States in multilateral export controls, of any 
goods or technology the export of which requires a validated license 
under this section. In any case in which the Secretary determines, in 
accordance with procedures and criteria which the Secretary shall by 
regulation establish, that any such goods or technology are available 
in fact to such destinations from such sources in sufficient quantity 
and of sufficient quality so that the requirement of a validated license 
for the export of such goods or technology is or would be ineffective in 
achieving the purpose set forth in subsection (a) of this section, the 
Secretary may not, after the determination is made, require a 
validated license for the export of such goods or technology during 
the period of such foreign availability, unless the President deter-
mines that the absence of export controls under this section would 
prove detrimental to the national security of the United States. In 
any case in which the President determines that export controls 
under this section must be maintained notwithstanding foreign 
availability, the Secretary shall publish that determination together 
with a concise statement of its basis, and the estimated economic 
impact of the decision. 
(2) The Secretary shall approve any application for a validated 
license which is required under this section for the export of any 
goods or technology to a particular country and which meets all other 
requirements for such an application, if the Secretary determines 
that such goods or technology will, if the license is denied, be 
available in fact to such country from sources outside the United 
States, including countries which participate with the United States 
in multilateral export controls, in sufficient quantity and of sufficient 
quality so that denial of the license would be ineffective in achieving 
the purpose set forth in subsection (a) of this section, subject to the 
exception set forth in paragraph (1) of this subsection. In any case in 
which the Secretary makes a determination of foreign availability 
under this paragraph with respect to any goods or technology, the 
Secretary shall determine whether a determination of foreign avail-
ability under paragraph (1) with respect to such goods or technology 
is warranted. 
(3) With respect to export controls imposed under this section, any 
determination of foreign availability which is the basis of a decision 
Qualified 
general license. 
Export controls 
maintenance. 
Validated 
license approval. 
93 STAT. 510 
PUBLIC LAW 96-72—SEPT. 29, 1979 
Information 
gathering. 
Regulations. 
Site visitation 
requirements, 
removal. 
to grant a license for, or to remove a control on, the export of a good or 
technology, shall be made in writing and shall be supported by 
reliable evidence, including scientific or physical examination, expert 
opinion based upon adequate factual information, or intelligence 
information. In assessing foreign availability with respect to license 
applications, uncorroborated representations by applicants shall not 
be deemed sufficient evidence of foreign availability. 
(4) In any case in which, in accordance with this subsection, export 
controls are imposed under this section notwithstanding foreign 
availability, the President shall take steps to initiate negotiations 
with the governments of the appropriate foreign countries for the 
purpose of eliminating such availability. Whenever the President has 
reason to believe goods or technology subject to export control for 
national security purposes by the United States may become availa-
ble from other countries to countries to which exports are controlled 
under this section and that such availability can be prevented or 
eliminated by means of negotiations with such other countries, the 
President shall promptly initiate negotiations with the governments 
of such other countries to prevent such foreign availability. 
(5) In order to further carry out the policies set forth in this Act, the 
Secretary shall establish, within the Office of Export Administration 
of the Department of Commerce, a capability to monitor and gather 
information with respect to the foreign availability of any goods or 
technology subject to export controls under this Act. 
(6) Each department or agency of the United States with responsi-
bilities with respect to export controls, including intelligence agen-
cies, shall, consistent with the protection of intelligence sources and 
methods, furnish information to the Office of Export Administration 
concerning foreign availability of goods and technology subject to 
export controls under this Act, and such Office, upon request or 
where appropriate, shall furnish to such departments and agencies 
the information 
it gathers and receives concerning 
foreign 
availability. 
(g) INDEXING.—In order to ensure that requirements for validated 
licenses and qualified general licenses are periodically removed as 
goods or technology subject to such requirements become obsolete 
with respect to the national security of the United States, regulations 
issued by the Secretary may, where appropriate, provide for annual 
increases in the performance levels of goods or technology subject to 
any such licensing requirement. Any such goods or technology which 
no longer meet the performance levels established by the latest such 
incresise shall be removed from the list established pursuant to 
subsection (c) of this section unless, under such exceptions and under 
such procedures as the Secretary shall prescribe, any other depart-
ment or agency of the United States objects to such removal and the 
Secretary determines, on the basis of such objection, that the goods or 
technology shall not be removed from the list. The Secretary shall 
also consider, where appropriate, removing site visitation require-
ments for goods and technology which are removed from the list 
unless objections described in this subsection are raised. 
(h) TECHNICAL ADVISORY COMMITTEES.—(1) Upon written request by 
representatives of a substantial segment of any industry which 
produces any goods or technology subject to export controls under 
this section or being considered for such controls because of their 
significance to the national security of the United States, the Secre-
tary shall appoint a technical advisory committee for any such goods 
or technology which the Secretary determines are difficult to evalu-
ate because of questions concerning technical matters, worldwide 
availability, and actual utilization of production and technology, or 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 511 
Travel and other 
expenses, 
reimbursement. 
licensing procedures. Each such committee shall consist of repre- Membership, 
sentatives of United States industry and Government, including the 
Departments of Commerce, Defense, and State and, in the discretion 
of the Secretary, other Government departments and agencies. No Term of office 
person serving on any such committee who is a representative of 
industry shall serve on such committee for more than four consecu-
tive years. 
(2) Technical advisory committees established under paragraph (1) 
shall advise and assist the Secretary, the Secretary of Defense, and 
any other department, agency, or official of the Government of the 
United States to which the President delegates authority under this 
Act, with respect to actions designed to carry out the policy set forth 
in section 3(2)(A) of this Act. Such committees, where they have 
expertise in such matters, shall be consulted with respect to questions 
involving (A) technical matters, (B) worldwide availability and actual 
utilization of production technology, (C) licensing procedures which 
affect the level of export controls applicable to any goods or technol-
ogy, and (D) exports subject to multilateral controls in which the 
United States participates, including proposed revisions of any such 
multilateral controls. Nothing in this subsection shall prevent the 
Secretary or the Secretary of Defense from consulting, at any time, 
with any person representing industry or the general public, regard-
less of whether such person is a member of a technical 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) Upon request of any member of any such committee, the 
Secretary may, if the Secretary determines it appropriate, reimburse 
such member for travel, subsistence, and other necessary expenses 
incurred by such member in connection with the duties of such 
member. 
(4) Each such committee shall elect a chairman, and shall meet at 
least every three months at the call of the chairman, unless the 
chairman determines, in consultation with the other members of the 
committee, that such a meeting is not necessary to achieve the 
purposes of this subsection. Each such committee shall be terminated Termination 
after a period of 2 years, unless extended by the Secretary for 
additional periods of 2 years. The Secretary shall consult each such 
committee with respect to such termination or extension of that 
committee. 
(5) To facilitate the work of the technical advisory committees, the 
Secretary, in conjunction with other departments and agencies par-
ticipating in the administration of this Act, shall disclose to each such 
committee adequate information, consistent with national security, 
pertaining to the reasons for the export controls which are in effect or 
contemplated for the goods or technology with respect to which that 
committee furnishes advice. 
(6) Whenever a technical advisory committee certifies to the 
Secretary that goods or technology with respect to which such 
committee was appointed have become available in fact, to countries 
to which exports are controlled under this section, from sources 
outside the United States, including countries which participate with 
the United States in multilateral export controls, in sufficient 
quantity and of sufficient quality so that requiring a validated license 
for the export of such goods or technology would be ineffective in 
achieving the purpose set forth in subsection (a) of this section, and 
provides adequate documentation for such certification, in accord-
ance with the procedures established pursuant to subsection (f)(1) of 
this section, the Secretary shall investigate such availability, and if 
Export controls 
maintenance. 
93 STAT. 512 
PUBLIC LAW 96-72—SEPT. 29, 1979 
Determination, 
publication. 
Coordinating 
Committee, 
functions. 
such availability is verified, the Secretary shall remove the require-
ment of a validated license for the export of the goods or technology, 
unless the President determines that the absence of export controls 
under this section would prove detrimental to the national security of 
the United States. In any case in which the President determines that 
export controls under this section must be maintained notwithstand-
ing foreign availability, the Secretary shall publish that determina-
tion together with a concise statement of its basis and the estimated 
economic impact of the decision. 
(i) MULTILATERAL EXPORT CONTROLS.—The President shall enter 
into negotiations with the governments participating in the group 
known as the Coordinating Committee (hereinafter in this subsection 
referred to as the "Committee") with a view toward accomplishing 
the following objectives: 
(1) Agreement to publish the list of items controlled for export 
by agreement of the Committee, together with all notes, under-
standings, and other aspects of such agreement of the Commit-
tee, and all changes thereto. 
(2) Agreement to hold periodic meetings with high-level repre-
sentatives of such governments, for the purpose of discussing 
export control policy issues and issuing policy guidance to the 
Committee. 
(3) Agreement to reduce the scope of the export controls 
imposed by agreement of the Committee to a level acceptable to 
and enforceable by all governments participating in the 
Committee. 
(4) Agreement on more effective procedures for enforcing the 
export controls agreed to pursuant to paragraph (3). 
(j) COMMERCIAL AGREEMENTS WITH CERTAIN COUNTRIES.—(1) 
Any 
United States firm, enterprise, or other nongovernmental entity 
which, for commercial purposes, enters into any agreement with any 
agency of the government of a country to which exports are restricted 
for national security purposes, which agreement cites an intergovern-
mental agreement (to which the United States and such country are 
parties) calling for the encouragement of technical cooperation and is 
intended to result in the export from the United States to the other 
party of unpublished technical data of United States origin, shall 
report the agreement with such agency to the Secretary. 
(2) The provisions of paragraph (1) shall not apply to colleges, 
universities, or other educational institutions. 
(k) NEGOTIATIONS WITH OTHER COUNTRIES.—The Secretary 
of 
State>in consultation with the Secretary of Defense, the Secretary of 
Commerce, and the heads of other appropriate departments and 
agencies, shall be responsible for conducting negotiations with other 
countries regarding their cooperation in restricting the export of 
goods and technology in order to carry out the policy set forth in 
section 3(9) of this Act, as authorized by subsection (a) of this section, 
including negotiations with respect to which goods and technology 
should be subject to multilaterally agreed export restrictions and 
what conditions should apply for exceptions from those restrictions. 
(1) DIVERSION TO MILITARY U S E OF CONTROLLED GOODS OR TECHNOL-
OGY.—(1) Whenever there is reliable evidence that goods or technol-
ogy, which were exported subject to national security controls under 
this section to a country to which exports are controlled for national 
security purposes, have been diverted to significant military use in 
violation of the conditions of an export license, the Secretary for as 
long as that diversion to significant military use continues— 
(A) shall deny all further exports to the party responsible for 
that diversion of any goods or technology subject to national 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 513 
security controls under this section which contribute to that 
particular mUitary use, regardless of whether such goods or 
technology are available to that country from sources outside the 
United States; and 
(B) may take such additional steps under this Act with respect 
to the party referred to in subparagraph (A) as are feasible to 
deter the fiurther military use of the previously exported goods or 
technology. 
(2) As used in this subsection, the terms ''diversion to significant 
mUitary use" and "si^iificant military use" means the use of United 
Stat^ goods or technolo^ to design or produce any item on the 
United States Munitions List. 
"Diversion to 
significant 
military use" 
and "significant 
military use". 
FOREIGN POUCY CONTROLS 
50 u s e app. 
2405. 
Export license 
denial. 
SEC. 6. (a) AUTHORITY.—(1) In order to cany out the policy set forth 
in paragraph (2XB), (7), or (8) of section 3 of this Act, the President 
may prohibit or curtail the exportation of any goods, technology, or 
other information subject to the jurisdiction of the United States or 
exported by any person subject to the jurisdiction of the United 
Stat^, to the extent necessary to further significantly the foreign 
policy of the United States or to fulfill its declared international 
obligations. The authority granted by this subsection shall be exer-
cised by the Secretary, in consultation with the Secretary of State 
and such other departments and agencies as the Secretary considers 
appropriate, and shall be implemented by means of export licenses 
issued by the Secretary. 
(2) Export controls maintained for foreign policy purposes shall Expiration date. 
expire on December 31,1979, or one year after imposition, whichever 
is later, unless extended by the President in accordance with subsec-
tions (b) and (e). Any such extension and any subsequent extension 
shaU not be for a period of 
more than one year. 
(3) Whenever the Secretary denies any export license under this 
subsection, the Secretary shaQ specify in the notice to the applicant of 
the denial of such license that the license was denied under the 
authority contained in this subsection, and the reasons for such 
denial, with reference to the criteria set forth in subsection (b) of this 
section. The Secretary shall also include in such notice what, if any, 
modifications in or restrictions on the goods or technology for which 
the license was sought would allow such export to be compatible with 
controls implemented under this section, or the Secretary shall 
indicate in such notice which officers and employees of the Departr 
ment of Commerce who are familiar with the application will be 
made reasonably available to the applicant for consultation with 
regard to such modifications or restrictions, if appropriate. 
(4) In accordance with the provisions of section 10 of this Act, the 
Secretary of State shall have the right to review any export license 
application under this section which the Secretary of Stote requests 
to review. 
(b) CRITERIA.—When imposing, expanding, or extending export 
controls under this section, the President shall consider— 
(1) the probability that such controls will achieve the intended 
foreign policy purpose, in light of other factors, including the 
availability from other countries of the goods or technology 
proposed for such controls; 
(2) the compatibility of the proposed controls with the foreign 
policy objectives of the United States, including the effort to 
counter international terrorism, and with overall United States 
Export license 
application, 
59-194 0 — 81 
35 : QL3 
93 STAT. 514 
PUBLIC LAW 96-72—SEPT. 29, 1979 
policy toward the country which is the proposed target of the 
controls; 
(3) the reaction of other countries to the imposition or expan-
sion of such export controls by the United States; 
(4) the likely effects of the proposed controls on the export 
performance of the United States, on the competitive position of 
the United States in the international economy, on the interna-
tional reputation of the United States as a supplier of goods and 
technology, and on individual United States companies and their 
employees and communities, including the effects of the controls 
on existing contracts; 
(5) the ability of the United States to enforce the proposed 
controls effectively; and 
(6) the foreign policy consequences of not imposing controls. 
(c) CONSULTATION WITH INDUSTRY.—The Secretary, before imposing 
export controls under this section, shall consult with such affected 
United States industries as the Secretary considers appropriate, with 
respect to the criteria set forth in paragraphs (1) and (4) of subsection 
0)) and such other matters as the Secretary considers appropriate. 
(d) ALTERNATIVE MEANS.—Before resorting to the imposition of 
export controls under this section, the President shall determine that 
reasonable efforts have been made to achieve the purposes of the 
controls through negotiations or other alternative means. 
(e) NOTIFICATION TO CONGRESS.—The President in every possible 
instance shall consult with the Congress before imposing any export 
Contents of 
control Under this section. Except as provided in section 7(g)(3) of this 
report. 
^^^^ whenever the President imposes, expands, or extends export 
controls under this section, the President shall immediately notify 
the Congress of such action and shall submit with such notification a 
report specifying— 
(1) the conclusions of the President with respect to each of the 
criteria set forth in subsection (b); and 
(2) the nature £ind results of any alternative means attempted 
under subsection (d), or the reasons for imposing, extending, or 
expanding the control without attempting any such alternative 
means. 
Such report shall also indicate how such controls will further signifi-
cantly the foreign policy of the United States or will further its 
declared international obligations. To the extent necessary to further 
the effectiveness of such export control, portions of such report may 
be submitted on a classified basis, and shall be subject to the 
provisions of section 12(c) of this Act. 
(f) EXCLUSION FOR MEDICINE AND MEDICAL SUPPUES.—This section 
does not authorize export controls on medicine or medical supplies. It 
is the intent of Congress that the President not impose export 
controls under this section on any goods or technology if he deter-
mines that the principal effect of the export of such goods or 
technology would be to help meet basic human needs. This subsection 
shEill not be construed to prohibit the President from imposing 
restrictions on the export of medicine or medical supplies, under the 
50 use 1701 
International Emergency Economic Powers Act. This subsection 
^°^- 
shall not apply to any export control on medicine or medical supplies 
which is in effect on the effective date of this Act. 
(g) FOREIGN AVAILABILITY.—In applying export controls under this 
section, the President shall take all feasible steps to initiate and 
conclude negotiations with appropriate foreign governments for the 
purpose of securing the cooperation of such foreign governments in 
controlling the export to countries and consignees to which the 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 515 
United States export controls apply of any goods or technology 
comparable to goods or technology controlled under this section. 
(h) INTERNATIONAL OBLIGATIONS.—The provisions of subsections 
(b), (c), (d), (f), and (g) shall not apply in any case in which the 
President exercises the authority contained in this section to impose 
export controls, or to approve or deny export license applications, in 
order to fulfill obligations of the United States pursuant to treaties to 
which the United States is a party or pursuant to other international 
agreements. 
(i) COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.—The Secre-
tary and the Secretary of State shall notify the Committee on Foreign 
Affairs of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate before any license 
is approved for the export of goods or technology valued at more than 
$7,000,000 to any country concerning which the Secretary of State 
has made the following determinations: 
(1) Such country has repeatedly provided support for acts of 
international terrorism. 
(2) Such exports would make a significant contribution to the 
military potential of such country, including its military logistics 
capability, or would enhance the ability of such country to 
support acts of international terrorism. 
(j) CRIME CONTROL INSTRUMENTS.—(1) Crime control and detection 
instruments and equipment shall be approved for export by the 
Secretary only pursuant to a validated export license. 
(2) The provisions of this subsection 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 pur-
poses of this subsection and section 502B of the Foreign Assistance 
Act of 1961. 
(k) CONTROL LIST.—The Secretary shall establish and maintain, as 
part of the commodity control list, a list of any goods or technology 
subject to export controls under this section, and the countries to 
which such controls apply. Such goods or technology shall be clearly 
identified as subject to controls under this section. Such list shall 
consist of goods and technology identified by the Secretary of State, 
with the concurrence of the Secretary. If the Secretary and the 
Secretary of State are unable to agree on the list, the matter shall be 
referred to the President. Such list shall be reviewed not less 
frequently than every three years in the case of controls maintained 
cooperatively with other countries, and annually in the case of all 
other controls, for the purpose of making such revisions as are 
necessary in order to carry out this section. During the course of such 
review, an assessment shall be made periodically of the availability 
from sources outside the United States, or any of its territories or 
possessions, of goods and technology comparable to those controlled 
for export from the United States under this section. 
Notification to 
congressional 
committees. 
22 u s e 2304. 
Periodical 
review. 
SHORT SUPPLY CONTROLS 
SEC. 7. (a) AUTHORITY.—(1) In order to carry out the policy set forth 
in section 3(2)(C) of this Act, the President may prohibit or curtail the 
export of any goods 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 
3(2)(C) of this Act, the President shall allocate a portion of export 
licenses on the basis of factors other than a prior history of exporta-
tion. Such factors shall include the extent to which a country engages 
50 u s e app. 
2406. 
Export licenses, 
allocation. 
93 STAT. 516 
PUBLIC LAW 96-72—SEPT. 29, 1979 
Publication in 
Federal 
Register. 
Fees. 
7 use 612C-3. 
Weekly or 
monthly reports. 
in equitable trade practices with respect to United States goods and 
treats the United States equitably in times of short supply. 
(2) Upon imposing quantitative restrictions on exports of any goods 
to carry out the policy set forth in section 3(2)(C) of this Act, the 
Secretary shall include in a notice published in the Federal Register 
with respect to such restrictions an invitation to all interested parties 
to submit written comments within 15 days from the date of publica-
tion on the impact of such restrictions and the method of licensing 
used to implement them. 
(3) In imposing export controls under this section, the President's 
authority shall include, but not be limited to, the imposition of export 
license fees. 
(b) MONITORING.—(1) In order to carry out the policy set forth in 
section 3(2)(C) of this Act, the Secretary shall monitor exports, and 
contracts for exports, of any good (other than a commodity which is 
subject to the reporting requirements of section 812 of the 
Agricultural Act of 1970) when the volume of such exports in relation 
to domestic 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 commence at a time 
adequate to assure that the monitoring will result in a data base 
sufficient to enable policies to be developed, in accordance with 
section 3(2)(C) of this Act, to mitigate a short supply situation or 
serious inflationary price rise or, if export controls are needed, to 
permit imposition of such controls in a timely manner. Information 
which the Secretary requires to be furnished in effecting such 
monitoring shall be confidential, except as provided in paragraph (2) 
of this subsection. 
(2) The results of such monitoring shall, to the extent practicable, 
be aggregated and included in weekly reports setting forth, with 
respect to each item monitored, actual and anticipated exports, the 
destination 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) The Secretary shall consult with the Secretary 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 intended to be used, in 
the production, conversion, or transportation of fuels and energy 
(except nuclear energy), including, but not limited to, drilling rigs, 
platforms, and equipment; petroleum refineries, natural gas process-
ing, liquefaction, and gasification plants; facilities for production of 
synthetic natural gas or synthetic crude oil; oil and gas pipelines, 
pumping stations, and associated equipment; and vessels for trans-
porting oil, gas, coal, and other fuels. 
(c) PETITIONS FOR MONITORING OR CONTROLS.—(1)(A) Any entity, 
including a trade association, firm, or certified or recognized union or 
group of workers, which is representative of an industry or a 
substantial segment of an industry which processes metallic materi-
als capable of being recycled with respect to which an increase in 
domestic prices or a domestic shortage, either of which results from 
increased exports, has or may have a significant adverse effect on the 
national economy or any sector thereof, may transmit a written 
petition to the Secretary requesting the monitoring of exports, or the 
imposition of export controls, or both, with respect to such material, 
in order to carry out the policy set forth in section 3(2)(C) of this Act. 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 517 
(B) Each petition shall be in such form as the Secretary shall 
prescribe and shall contain information in support of the action 
requested. The petition shall include any information reasonably 
available to the petitioner indicating (i) that there h£is been a 
significant increase, in relation to a specific period of time, in exports 
of such material in relation to domestic supply, and (ii) that there has 
been a significant increase in the price of such material or a domestic 
shortage of such material under circumstances indicating the price 
increase or domestic shortage may be related to exports. 
(2) Within 15 days after receipt of any petition described in 
paragraph (1), the Secretary shall publish a notice in the Federal 
Register. The notice shall (A) include the name of the material which 
is the subject of the petition, (B) include the Schedule B number of the 
material as set forth in the Statistical Classification of Domestic and 
Foreign Commodities Exported from the United States, (C) indicate 
whether the petitioner is requesting 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 
commencing with the date of publication of such notice to submit to 
the Secretary written data, views, or arguments, 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 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) 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— 
(A) determine whether to impose monitoring or controls, or 
both, on the export of such material, in order to carry out the 
policy set forth in section 3(2)(C) of this Act; and 
(B) publish in the Federal Register a detailed statement of the 
reasons for such determination. 
(4) Within 15 days after making a determination under paragraph 
(3) to impose monitoring or controls on the export of a material, the 
Secretary shall publish in the Federal Register proposed regulations 
with respect to such monitoring or controls. Within 30 days following 
the publication of such proposed regulations, and after considering 
any public comments thereon, the Secretary shall publish and 
implement final regulations with respect to such monitoring or 
controls. 
(5) For purposes of publishing notices in the Federal Register and 
scheduling public hearings pursuant to this subsection, the Secretary 
may consolidate petitions, and responses thereto, which involve the 
same or related materials. 
(6) If a petition with respect to a particular material or group of 
materials has been considered in accordance with all the procedures 
prescribed in this subsection, the Secretary may determine, in the 
absence of significantly changed circumstances, that any other peti-
tion with respect to the same material or group of materials which is 
filed within 6 months after consideration of the prior petition has 
been completed does not merit complete consideration under this 
subsection. 
(7) 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 Secretary with 
respect to the same subject as that of the petition. 
Publication in 
Federal 
Register. 
Hearings. 
Publication in 
Federal 
Register. 
Publication in 
Federal 
Register. 
Petitions, 
consolidation. 
93 STAT. 518 
PUBLIC LAW 96-72—SEPT. 29, 1979 
Temporary 
monitoring or 
controls. 
Exportation, 
conditions. 
Report to 
Congress. 
30 u s e 185. 
(8) The Secretary may impose monitoring or controls on a tempo-
rary basis after a petition is filed under paragraph (1)(A) but before 
the Secretary m ^ e s a determination under paragraph (3) if the 
Secretary considers such action to be necessary to carry out the 
policy set forth in section 3(2)(C) of this Act. 
(9) The authority under this subsection shall not be construed to 
affect the authority of the Secretary under any other provision of this 
Act. 
(10) Nothing contained in this subsection shall be construed to 
preclude submission on a confidential basis to the Secretary of 
information relevant to a decision to impose or remove monitoring or 
controls under the authority of this Act, 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 
State Code. 
(d) DOMESTICALLY PRODUCED CRUDE OIL.—(1) Notwithstanding any 
other provision of this Act and notwithstanding subsection (u) of 
section 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185), no 
domestically produced crude oil transported by pipeline over right-of-
way granted pursuant to section 203 of the Trans-Alaska Pipeline 
Authorization Act (43 U.S.C. 1652) (except any such crude oil which 
(A) is exported to an adjacent foreign country to be refined and 
consumed therein in exchange for the same quantity of crude oil 
being exported from that country to the United States; such exchange 
must result through convenience or increased efficiency of transpor-
tation in lower prices for consumers of petroleum products in the 
United States as described in paragraph (2)(A)(ii) of this subsection, or 
(B) is temporarily exported for convenience or increased efficiency of 
transportation across parts of an adjacent foreign country and 
reenters the United States) may be exported from the United States, 
or any of its territories and possessions, unless the requirements of 
paragraph (2) of this subsection are met. 
(2) Crude oil subject to the prohibition contained in paragraph (1) 
may be exported only if— 
(A) the President makes and publishes express findings that 
exports of such crude oil, including exchanges— 
(i) will not diminish the total quantity or quality of 
petroleum refined within, stored within, or legally commit-
ted to be transported to and sold within the United States; 
(ii) will, within 3 months following the initiation of such 
exports or exchanges, result in (I) acquisition costs to the 
refiners which purchase the imported crude oil being lower 
than the acquisition costs such refiners would have to pay 
for the domestically produced oil in the absence of such an 
export or exchange, and (II) not less than 75 percent of such 
savings in costs being reflected in wholesale and retail prices 
of products refined from such imported crude oil; 
(iii) will be made only pursuant to contracts which may be 
terminated if the crude oil supplies of the United States are 
interrupted, threatened, or diminished; 
(iv) are clearly necessary to protect the national interest; 
and 
(v) are in accordance with the provisions of this Act; and 
(B) the President reports such findings to the Congress and the 
Congress, within 60 days thereafter, agrees to a concurrent 
resolution approving such exports on the basis of the findings. 
(3) Notwithstanding any other provision of this section or any other 
provision of law, including subsection (u) of section 28 of the Mineral 
Leasing Act of 1920, the President may export oil to any country 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 519 
pursuant to a bilateral international oil supply agreement entered 
into by the United States with such nation before June 25,1979, or to 
any country pursuant to the International Emergency Oil Sharing 
Plan of the International Energy Agency. 
(e) REFINED PETROLEUM PRODUCTS.—(1) No refined petroleum prod-
uct may be exported except pursuant to an export license specifically 
authorizing such export. Not later than 5 days after an application 
for a license to export any refined petroleum product or residual fuel 
oil is received, the Secretary shall notify the Congress of such 
application, together with the name of the exporter, the destination 
of the proposed export, and the amount and price of the proposed 
export. Such notification shall be made to the chairman of the 
Committee on Foreign Affairs of the House of Representatives and 
the chairman of the Committee on Banking, Housing, and Urban 
Affairs of the Senate. 
(2) The Secretary may not grant such license during the 30-day 
period beginning on the date on which notification to the Congress 
under paragraph (1) is received, unless the President certifies in 
writing to the Speaker of the House of Representatives and the 
President pro tempore of the Senate that the proposed export is vital 
to the national interest and that a delay in issuing the license would 
adversely affect that interest. 
(3) This subsection shall not apply to (A) any export license 
application for exports to a country with respect to which historical 
export quotas established by the Secretary on the basis of past 
trading relationships apply, or (B) any license application for exports 
to a country if exports under the license would not result in more 
than 250,000 barrels of refined petroleum products being exported 
from the United States to such country in any fiscal year. 
(4) For purposes of this subsection,"refined petroleum product" 
means gasoline, kerosene, distillates, propane or butane gas, diesel 
fuel, and residual fuel oil refined within the United States or entered 
for consumption within the United States. 
(5) The Secretary may extend any time period prescribed in section 
10 of this Act to the extent necessary to take into account delays in 
action by the Secretary on a license application on account of the 
provisions of this subsection. 
(f) CERTAIN PETROLEUM PRODUCTS.—Petroleum products refined in 
United States Foreign Trade Zones, or in the United States Territory 
of Guam, from foreign crude oil shall be excluded from any quantita-
tive restrictions imposed under this section except that, if the 
Secretary finds that a product is in short supply, the Secretary may 
issue such regulations as may be necessary to limit exports. 
(g) AGRICULTURAL COMMODITIES.—(1) The authority conferred by 
this section shall not be exercised with respect to any agricultural 
commodity, including fat^ and oils or animal hides or skins, without 
the approval 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 Agricul-
ture to be in excess of the requirements of the domestic economy 
except to the extent the President determines that such exercise of 
authority is required to carry out the policies set forth in subpara-
graph (A) or (B) of paragraph (2) of section 3 of this Act. The Secretary 
of Agriculture shall, by exercising the authorities which the Secre-
tary of Agriculture has under other applicable provisions of law, 
collect data with respect to export sales of animal hides and skins. 
(2) Upon approval of the Secretary, in consultation with the 
Secretary of Agriculture, agricultural commodities purchased by or 
Export license 
applications, 
notification of 
congressional 
committees. 
"Refined 
petroleum 
product." 
Time extension. 
Regulations. 
Export sales of 
animal hides and 
skins, data. 
93 STAT. 520 
PUBLIC LAW 96-72—SEPT. 29, 1979 
for use in a foreign country may remain in the United States for 
export at a later date free from any quantitative limitations on export 
which may be imposed to carry out the policy set forth in section 
3(2XC) of this Act 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 materials and have a serious domestic inflationary impact, (C) 
that storage of such commodities in the United States will not unduly 
limit the space available for storage of domestically owned commod-
ities, 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 
Regulations. 
another country. The Secretary may issue such regulations as may be 
necessary to implement this paragraph. 
(3) If the authority conferred by this section or section 6 is exercised 
to prohibit or curtail the export of any agricultural commodity in 
order to carry out the policies set forth in subparagraph (B) or (C) of 
paragraph (2) of section 3 of this Act, the President shall immediately 
report such prohibition or curtailment to the C!ongress, setting forth 
the reasons therefor in detail. If the Congress, within 30 days after 
the date of its receipt of such report, adopts a concurrent resolution 
disapproving such prohibition or curtailment, then such prohibition 
or curtailment shall cease to be effective with the adoption of such 
resolution. In the computation of such 30-day period, there shall be 
excluded the days on which either House 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. 
(h) BARTER AGREEMENTS.—(1) The exportation pursuant to a barter 
agreement of any goods which may lawfully be exported from the 
United States, for any goods which may lawfully be imported into the 
United States, may be exempted, in accordance with paragraph (2) of 
this subsection, from any quantitative limitation on exports (other 
than any reporting requirement) imposed to carry out the policy set 
forth in section 3(2XC) of this Act. 
(2) The Secretary shall grant an exemption under paragraph (1) if 
the Secretary finds, after consultation with the appropriate depart-
ment 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 goods to be exported 
pursuant to the barter agreement will not be required to 
satisfy the average amount of such goods estimated to be 
required annually by the domestic economy and will be 
surplus thereto; and 
(ii) the average annual quantity of the goods to be im-
ported will be less than the average amount of such goods 
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. 
"Barter 
(3) For purposes of this subsection, the term "barter agreement" 
agreement." 
means any £^eement which is made for the exchange, without 
monetary consideration, of any goods produced in the United States 
for any goods produced outside of the United States. 
(4) This subsection shall apply only with respect to barter agree-
ments entered into after the effective date of this Act. 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 521 
Export 
terminations. 
Export licenses, 
allocation. 
(i) UNPROCESSED RED CEDAR.—(1) The Secretary shall require a 
validated license, under the authority contained in subsection (a) of 
this section, for the export of unprocessed western red cedar (Thuja 
plicata) logs, harvested from State or Federal lands. The Secretary 
shall impose quantitative restrictions upon the export of unprocessed 
western red cedar logs during the 3-year period beginning on the 
effective date of this Act as follows: 
(A) Not more than thirty million board feet scribner of such 
logs may be exported during the first year of such 3-year period. 
(B) Not more than fifteen million board feet scribner of such 
logs may be exported during the second year of such period. 
(C) Not more than five million board feet scribner of such logs 
may be exported during the third year of such period. 
After the end of such 3-year period, no unprocessed western red cedar 
logs may be exported from the United States. 
(2) The Secretary shall allocate export licenses to exporters pursu-
ant to this subsection on the basis of a prior history of exportation by 
such exporters and such ether factors as the Secretary considers 
necessary and appropriate to minimize any hardship to the producers 
of western red cedar and to further the foreign policy of the United 
States. 
(3) Unprocessed western red cedar logs shall not be considered to be 
an agricultural commodity for purposes of subsection (g) of this 
section. 
(4) As used in this subsection, the term "unprocessed western red 
cedar" means red cedar timber which has not been processed into— 
(A) lumber without wane; 
(B) chips, pulp, and pulp products; 
(C) veneer and plywood; 
(D) poles, posts, or pilings cut or treated with preservative for 
use as such and not intended to be further processed; or 
(E) shakes and shingles. 
(j) EXPORT OF HORSES.—(1) Notwithstanding any other provision of 
this Act, no horse may be exported by sea from the United States, or 
any of its territories and possessions, unless such horse is part of a 
consignment of horses with respect to which a waiver has been 
granted under paragraph (2) of this subsection. 
(2) The Secretary, in consultation with the Secretary of Agricul- Regulations. 
ture, may issue regulations providing for the granting of waivers 
permitting the export by sea of a specified consignment of horses, if 
the Secretary, in consultation with the Secretary of Agriculture, 
determines that no horse in that consignment is being exported for 
purposes of slaughter. 
"Unprocessed 
western red 
cedar." 
FOREIGN BOYCOTTS 
SEC. 8. (a) PROHIBITIONS AND EXCEPTIONS.—(1) For the purpose of 
implementing the policies set forth in subparagraph (A) or (B) of 
paragraph (5) of section 3 of this Act, the President shall issue 
regulations prohibiting any United States person, with respect to his 
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, further, 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 object of any 
form of boycott pursuant to United States law or regulation: 
(A) Refusing, or requiring any other person to refuse, to do 
business with or in the boycotted country, with any business 
concern organized under the laws of the boycotted country, with 
Regulations. 
50 u s e app. 
2407. 
93 STAT. 522 
PUBLIC LAW 96-72—SEPT. 29, 1979 
Employment 
discrimination, 
prohibition. 
Business 
information. 
Letter of credit. 
Regulatory 
exceptions. 
any national or resident of the boycotted country, or with any 
other person, pursuant to an agreement with, a requirement of, 
or a request from or on behalf of the boycotting country. The 
mere absence of a business relationship with or in the boycotted 
country with any business concern organized under the laws of 
the boycotted country, with any national or resident of the 
boycotted country, or with any other person, does not indicate 
the existence of the intent required to establish a violation of 
regulations issued to carry out this subparagraph. 
(B) Refusing, or requiring any other person to refuse, to employ 
or otherwise discriminating against any United States person on 
the basis of race, religion, sex, or national origin of that person or 
of any owner, officer, director, or employee of such person. 
(C) Furnishing information with respect to the race, religion, 
sex, or national origin of any United States person or of any 
owner, officer, director, or employee of such person. 
(D) Furnishing information about whether any person has, has 
had, or proposes to have any business relationship (including a 
relationship by way of sale, purchase, legal or commercial 
representation, shipping or other transport, insurance, invest-
ment, or supply) with or in the boycotted country, with any 
business concern organized under the laws of the boycotted 
country, with any national or resident of the boycotted country, 
or with any other person which is known or believed to be 
restricted from having any business relationship with or in the 
boycotting country. Nothing in this paragraph shall prohibit the 
furnishing of normal business information in a commercial 
context as defined by the Secretary. 
(E) Furnishing information about whether any person is a 
member of, has made contributions to, or is otherwise associated 
with or involved in the activities of any charitable or fraternal 
organization which supports the boycotted country. 
(F) Paying, honoring, confirming, or otherwise implementing a 
letter of credit which contains any condition or requirement 
compliance with which is prohibited by regulations issued pursu-
ant to this paragraph, and no United States person shall, as a 
result of the application of this paragraph, be obligated to pay or 
otherwise honor or implement such letter of credit. 
(2) Regulations issued pursuant to paragraph (1) shall provide 
exceptions for— 
(A) complying or agreeing to comply with requirements (i) 
prohibiting the import of goods or services from the boycotted 
country or goods produced or services provided by any business 
concern organized under the laws of the boycotted country or by 
nationals or residents of the boycotted country, or (ii) prohibiting 
the shipment of goods to the boycotting country on a carrier of 
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 information knowingly furnished or 
conveyed in response to such requirements may be stated in 
negative, blacklisting, or similar exclusionary terms, other than 
with respect to carriers or route of shipment as may be permitted 
by such regulations in order to comply with precautionary 
requirements protecting against war risks and confiscation; 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 523 
(O compljdng or agreeing tx) comply in the normal course of 
business with the unilater^ and specific selection by a boycott-
ing country, or national or resident thereof, of carriers, insurers, 
suppliers of services to be performed within the boycotting 
country or specific goods which, in the normal course of business, 
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 transship-
ments of exports to the boycotted country, to any business 
concern of or organized under the laws of the boycotted country, 
or to any national or resident of 
the boycotted country; 
(E) compliance by an individual or agreement by an individual 
to comply with the immigration or passport requirements of any 
country with respect to such individual or any member of such 
individual's family or with requests for information regarding 
requirements of employment of such individusd within the boy-
cotting country; and 
(F) compliance by a United States person resident in a foreign 
country or agreement by such person to comply with the laws of 
that country with respect to ms activities exclusively therein, 
and such regulations may contain exceptions for such resident 
complying with the laws or regulations of that foreign country 
governing imports into such country of trademarked, trade 
named, or similarly specifically identifiable products, or compo-
nents of products for his own use, including the performance of 
contractual services within that country, as may be defined by 
such regulations. 
(3) Regulations issued pursuant to paragraphs (2XC) and (2)(F) shall 
not provide exceptions from paragraphs (IXB) and (1)(C). 
(4) Nothing in this subsection may be construed to supersede or 
limit the operation of the antitrust or civil rights laws of the United 
States. 
(5) This section shall apply to any transaction or activity under-
taken, by or through a United States person or any other person, with 
intent to evade the provisions of this section as implemented by the 
regulations issued pursuant to this subsection, and such regulations 
shall expressly provide that the exceptions set forth in paragraph (2) 
shall not permit activities or agreements (expressed or implied by a 
course of conduct, including a pattern of responses) otherwise prohib-
ited, which are not within the intent of 
such exceptions. 
(b) FOREIGN POUCY CONTROLS.—(1) In addition to the regulations 
issued pursuant to subsection (a) of this section, regulations issued 
under section 6 of this Act shall implement the policies set forth in 
section 3(5). 
(2) Such regulations shall require that any United States person Reports 
receiving a request for the furnishing of information, the entering 
into or implementing of agreements, or the taking of any other action 
referred to in section 3(5) shall report that fact to the Secretary, 
together with such other information concerning such request as the 
Secretary may require for such action as the Secretary considers 
appropriate for carrying out the policies of that section. Such person 
shall also report to the Secretary whether such person intends to 
comply and whether such person has complied with such request. 
Any report filed pursuant to this paragraph shall be made available 
promptly for public inspection and copying, except that information 
regarding the quantity, description, and value of any goods or 
technology to which such report relates may be kept confidential if 
the Secretary determines that disclosure thereof would place the 
Public 
inspection and 
copying. 
93 STAT. 524 
PUBLIC LAW 96-72—SEPT. 29, 1979 
Transmittal to 
United States person involved at a competitive disadvantage. The 
Stete*^*^^ °^ 
Secretary shall periodically transmit summaries of the information 
contained in such reports to the Secretary of State for such action as 
the Secretary of State, in consultation with the Secretary, considers 
appropriate for carrying out the policies set forth in section 3(5) of 
this Act. 
(c) PREEMPTION.—The provisions of this section and the regulations 
issued pursuant thereto shall preempt any 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 governmen-
tal subdivision thereof, which law, rule, or regulation pertains to 
participation in, compliance with, implementation of, or the furnish-
ing of information regarding restrictive trade practices or boycotts 
fostered or imposed by foreign countries against other countries. 
PROCEDURES FOR HARDSHIP RELIEF FROM EXPORT CONTROLS 
50 use app. 
SEC. 9. (a) FIUNG OF PETITIONS.—Any person who, in such person's 
2^^^- 
domestic manufacturing process or other domestic business oper-
ation, utilizes a product produced abroad in whole or in part from a 
good historically obtained from the United States but which has been 
made subject to export controls, or any person who historically has 
exported such a good, may transmit a petition of hardship to the 
Secretary requesting an exemption from such controls in order to 
alleviate any unique hardship resulting from the imposition of such 
controls. A petition under this section shall be in such form as the 
Secretary shall prescribe and shall contain information demonstrat-
ing the need for the relief requested. 
(b) DECISION OF THE SECRETARY.—Not later than 30 days after 
receipt of any petition under subsection (a), the Secretary shall 
transmit a written decision to the petitioner granting or denying the 
requested relief. Such decision shall contain a statement setting forth 
the Secretary's basis for the grant or denial. Any exemption granted 
may be subject to such conditions as the Secretary considers appro-
priate. 
(c) FACTORS TO BE CONSIDERED.—For purposes of this section, the 
Secretary's decision with respect to the grant or denial of relief from 
unique hardship resulting directly or indirectly from the imposition 
of export controls shall reflect the Secretary's consideration of factors 
such as the following: 
(1) Whether denial would cause a unique hardship to the 
petitioner which can be alleviated only by granting an exception 
to the applicable regulations. In determining whether relief shall 
be granted, the Secretary shall take into account— 
(A) ownership of material for which there is no practicable 
domestic market by virtue of the location or nature of the 
material; 
(B) potential serious financial loss to the applicant if not 
granted an exception; 
(C) inability to obtain, except through import, an item 
essential for domestic use which is produced abroad from the 
good under control; 
(D) the extent to which denial would conflict, to the 
particular detriment of the applicant, with other national 
policies including those reflected in any international agree-
ment to which the United States is a party; 
(E) possible adverse effects on the economy (including 
unemployment) in any locality or region of the United 
States; and 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 525 
(F) other relevant factors, including the applicant's lack of 
an exporting history during any base period that may be 
established with respect to export quotas for the particular 
good. 
(2) The effect a finding in favor of the applicant would have on 
attainment of the basic objectives of the short supply control 
program. 
In all cases, the desire to sell at higher prices and thereby obtain 
greater profits shall not be considered as evidence of a unique 
hardship, nor will circumstances where the hardship is due to 
imprudent acts or failure to act on the part of the petitioner. 
PROCEDURES FOR PROCESSING EXPORT UCENSE APPLICATIONS 
SEC. 10. (a) PRIMARY RESPONSIBILITY OF THE SECRETARY.—(1) All 
50 use app. 
export license applications required under this Act shall be submitted ^^^^• 
by the applicant to the Secretary. All determinations with respect to 
any such application shall be made by the Secretary, subject to the 
procedures provided in this section. 
(2) It is the intent of the Congress that a determination with respect 
to any export license application be made to the maximum extent 
possible by the Secretary without referral of such application to any 
other department or agency of the Government. 
(3) To the extent necessary, the Secretary shall seek information 
and recommendations from the Government departments and agen-
cies concerned with aspects of United States domestic and foreign 
policies and operations having an important bearing on exports. Such 
departments and agencies shall cooperate fully in rendering such 
information and recommendations. 
(b) INITIAL SCREENING.—Within 10 days after the date on which 
any export license application is submitted pursuant to subsection 
(a)(1), the Secretary shall— 
(1) send the applicant an acknowledgment of the receipt of the 
application and the date of the receipt; 
(2) submit to the applicant a written description of the proce-
dures required by this section, the responsibilities of the Secre-
tary and of other departments and agencies with respect to the 
application, and the rights of the applicant; 
(3) return the application without action if the application is 
improperly completed or if additional information is required, 
with sufficient information to permit the application to be 
properly resubmitted, in which case if such application is resub-
mitted, it shall be treated as a new application for the purpose of 
calculating the time periods prescribed in this section; 
(4) determine whether it is necessary to refer the application to 
any other department or agency and, if such referral is deter-
mined to be necessary, inform the applicant of any such depart-
ment or agency to which the application will be referred; and 
(5) determine whether it is necessary to submit the application 
to a multilateral review process, pursuant to a multilateral 
agreement, formal or informal, to which the United States is a 
party and, if so, inform the applicant of this requirement. 
(c) ACTION ON CERTAIN APPUCATIONS.—In each case in which the 
Secretary determines that it is not necessary to refer an application 
to any other department or agency for its information and recommen-
dations, a license shall be formally issued or denied within 90 days 
after a properly completed application has been submitted pursuant 
to this section. 
93 STAT. 526 
PUBLIC LAW 96-72—SEPT. 29, 1979 
(d) REFERRAL TO OTHER DEPARTMENTS AND AGENCIES.—In each case 
in which the Secretary determines that it is necessary to refer an 
application to any other department or agency for its information 
and recommendations, the Secretary shall, within 30 days after the 
submission of a properly completed application— 
(1) refer the application, together with all necessary analysis 
and recommendations of the Department of Commerce, concur-
rently to all such departments or agencies; and 
(2) if the applicant so requests, provide the applicant with an 
opportunity to review for accuracy any documentation to be 
referred to any such department or agency with respect to such 
application for the purpose of describing the export in question in 
order to determine whether such documentation accurately 
describes the proposed export. 
(e) ACTION BY OTHER DEPARTMENTS AND AGENCIES.—(1) Any depart-
ment or agency to which an application is referred pursuant to 
subsection (d) shall submit to the Secretary, within 30 days after its 
receipt of the application, the information or recommendations 
requested with respect to such application. Except as provided in 
paragraph (2), any such department or agency which does not submit 
its recommendations within the time period prescribed in the preced-
ing sentence shall be deemed by the Secretary to have no objection to 
the approval of such application. 
Recommendations, 
(2) If the head of any such department or agency notifies the 
time extension. 
Secretary before the expiration of the time period provided in 
paragraph (1) for submission of its recommendations that more time 
is required for review by such department or agency, such depart-
ment or agency shall have an additional 30-day period to submit its 
recommendations to the Secretary. If such department or agency 
does not submit its recommendations within the time period pre-
scribed by the preceding sentence, it shall be deemed by the Secretary 
to have no objection to the approval of such application. 
(f) ACTION BY THE SECRETARY.—(1) Within 90 days after receipt of 
the recommendations of other departments and agencies with respect 
to a license application, as provided in subsection (e), the Secretary 
shall formally issue or deny the license. In deciding whether to issue 
or deny a license, the Secretary shall take into account any recom-
mendation of a department or agency with respect to the application 
Conflicting 
in question. In cases where the Secretary receives conflicting recom-
recommendations. mendations, the Secretary shall, within the 90-day period provided 
for in this subsection, take such action as may be necessary to resolve 
such conflicting recommendations. 
Applicant 
(2) In cases where the Secretary receives questions or negative 
notification and 
considerations or recommendations from any other department or 
w^rtten"^^^ 
agency with respect to an application, the Secretary shall, to the 
response. 
maximum extent consistent with the national security and foreign 
policy of the United States, inform the applicant of the specific 
questions raised and any such negative considerations or recommen-
dations, and shall accord the applicant an opportunity, before the 
final determination with respect to the application is made, to 
respond in writing to such questions, considerations, or recommenda-
tions. 
Applicant denial 
(3) In cases where the Secretary has determined that an application 
procedures. 
should be denied, the applicant shall be informed in writing, within 5 
days after such determination is made, of the determination, of the 
statutory basis for denial, the policies set forth in section 3 of the Act 
which would be furthered by denial, and, to the extent consistent 
with the national security and foreign policy of the United States, the 
specific considerations which led to the denial, and of the availability 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 527 
of appeal procedures. In the event decisions on license applications 
are deferred inconsistent with the provisions of this section, the 
applicant shall be so informed in writing within 5 days after such 
deferral. 
(4) If the Secretary determines that a particular application or set 
of applications is of exceptional importance and complexity, and that 
additional time is required for negotiations to modify the application 
or applications, the Secretary may extend any time period prescribed 
in this section. The Secretary shall notify the Congress and the 
applicant of such extension and the reasons therefor. 
(g) SPECIAL PROCEDURES FOR SECRETARY OF DEFENSE.—(1) Notwith-
standing any other provision of this section, the Secretary of Defense 
is authorized to review any proposed export of any goods or technol-
ogy to any country to which exports are controlled for national 
security purposes and, whenever the Secretary of Defense determines 
that the export of such goods or technology will make a significant 
contribution, which would prove detrimental to the national security 
of the United States, to the military potential of any such country, to 
recommend to the President that such export be disapproved. 
(2) Notwithstanding any other provision of law, the Secretary of 
Defense shall determine, in consultation with the Secretary, and 
confirm in writing the types and categories of transactions which 
should be reviewed by the Secretary of Defense in order to make a 
determination referred to in paragraph (1). Whenever a license or 
other authority is requested for the export to any country to which 
exports are controlled for national security purposes of goods or 
technology within any such type or category, the Secretary shall 
notify the Secretary of Defense of such request, and the Secretary 
may not issue any license or other authority pursuant to such request 
before the expiration of the period within which the President may 
disapprove such export. The Secretary of Defense shall carefully 
consider any notification submitted by the Secretary pursuant to this 
paragraph and, not later than 30 days after notification of the 
request, shall— 
(A) recommend to the President that he disapprove any re-
quest for the export of the goods or technology involved to the 
particular country if the Secretary of Defense determines that 
the export of such goods or technology will make a significant 
contribution, which would prove detrimental to the national 
security of the United States, to the military potential of such 
country or any other country; 
(B) notify the Secretary that he would recommend approval 
subject to specified conditions; or 
(C) recommend to the Secretary that the export of goods or 
technology be approved. 
If the President notifies the Secretary, within 30 days after receiving 
a recommendation from the Secretary of Defense, that he disap-
proves such export, no license or other authority may be issued for 
the export of such goods or technology to such country. 
(3) The Secretary shall approve or disapprove a license application, 
and issue or deny a license, in accordance with the provisions of this 
subsection, and, to the extent applicable, in accordance with the time 
periods and procedures otherwise set forth in this section. 
(4) Whenever the President exercises his authority under this 
subsection to modify or overrule a recommendation made by the 
Secretary of Defense or exercises his authority to modify or overrule 
any recommendation made by the Secretary of Defense under subsec-
tion (c) or (d) of section 5 of this Act with respect to the list of goods 
and technologies controlled for national security purposes, the Presi-
Time extension, 
notiRcation to 
Congress and 
applicant. 
Review. 
Export 
transactions, 
review. 
Presidential 
statement, 
transmitt«il to 
Congress. 
93 STAT. 528 
PUBLIC LAW 96-72—SEPT. 29, 1979 
Multilateral 
review process. 
Notification to 
Congress and 
appliceint. 
Applicant status, 
report to 
Congress. 
Filing of petition 
by applicant. 
dent shall promptly transmit to the Congress a statement indicating 
his decision, together with the recommendation of the Secretary of 
Defense. 
(h) MULTILATERAL CONTROLS.—In any case in which an application, 
which has been finally approved under subsection (c), (f), or (g) of this 
section, is required to be submitted to a multilateral review process, 
pursuant to a multilateral agreement, formal or informal, to which 
the United States is a party, the license shall not be issued as 
prescribed in such subsections, but the Secretary shall notify the 
applicant of the approval of the application (and the date of such 
approval) by the Secretary subject to such multilateral review. The 
license shall be issued upon approval of the application under such 
multilateral review. If such multilateral review has not resulted in a 
determination with respect to the application within 60 days after 
such date, the Secretary's approval of the license shall be final and 
the license shall be issued, unless the Secretary determines that 
issuance of the license would prove detrimental to the national 
security of the United States. At the time at which the Secretary 
makes such a determination, the Secretary shall notify the applicant 
of the determination and shall notify the Congress of the determina-
tion, the reasons for the determination, the reasons for which the 
multilateral review could not be concluded within such 60-day period, 
and the actions planned or being taken by the United States Govern-
ment to secure conclusion of the multilateral review. At the end of 
every 60-day period after such notification to Congress, the Secretary 
shall advise the applicant and the Congress of the status of the 
application, and shall report to the Congress in detail on the reasons 
for the further delay and any further actions being taken by the 
United States Government to secure conclusion of the multilateral 
review. In addition, at the time at which the Secretary issues or 
denies the license upon conclusion of the multilateral review, the 
Secretary shall notify the Congress of such issuance or denial and of 
the total time required for the multilateral review. 
(i) RECORDS.—The Secretary and any department or agency to 
which any application is referred under this section shall keep 
accurate records with respect to all applications considered by the 
Secretary or by any such department or agency, including, in the case 
of the Secretary, any dissenting recommendations received from any 
such department or agency. 
(j) APPEAL AND COURT ACTION.—(1) The Secretary shall establish 
appropriate procedures for any applicant to appeal to the Secretary 
the denial of an export license application of the applicant. 
(2) In any case in which any action prescribed in this section is not 
taken on a license application within the time periods established by 
this section (except in the case of a time period extended under 
subsection (f)(4) of which the applicant is notified), the applicant may 
file a petition with the Secretary requesting compliance with the 
requirements of this section. When such petition is filed, the Secre-
tary shall take immediate steps to correct the situation giving rise to 
the petition and shall immediately notify the applicant of such steps. 
(3) If, within 30 days after a petition is filed under paragraph (2), 
the processing of the application has not been brought into conform-
ity 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 district court for a restraining order, a 
temporary or permanent injunction, or other appropriate relief, to 
require compliance with the requirements of this section. The United 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 529 
States district courts shall have jurisdiction to provide such relief, as 
appropriate. 
VIOLATIONS 
SEC. 11. (a) IN GENERAL.—Except as provided in subsection (b) of 
this section, whoever knowingly violates any provision of this Act or 
any regulation, order, or license issued thereunder shall be fined not 
more than five times the value of the exports involved or $50,000, 
whichever is greater, or imprisoned not more than 5 years, or both. 
(b) WILLFUL VIOLATIONS.—(1) Whoever willfully exports anything 
contrary to any provision of this Act or any regulation, order, or 
license issued thereunder, with knowledge that such exports will be 
used for the benefit of any country to which exports are restricted for 
national security or foreign policy purposes, shall be fined not more 
than five times the value of the exports involved or $100,000, 
whichever is greater, or imprisoned not more than 10 years, or both. 
(2) Any person who is issued a validated license under this Act for 
the export of any good or technology to a controlled country and who, 
with knowledge that such a good or technology is being used by such 
controlled country for military or intelligence gathering purposes 
contrary to the conditions under which the license was issued, 
willfully fails to report such use to the Secretary of Defense, shall be 
fined not more than five times the value of the exports involved or 
$100,000, whichever is greater, or imprisoned for not more than 5 
years, or both. For purposes of this paragraph, "controlled country" 
means any country described in section 620(f) of the Foreign Assist-
ance Act of 1961. 
(c) CIVIL PENALTIES; ADMINISTRATIVE SANCTIONS.—(1) The head of 
any department or agency exercising any functions under this Act, or 
any officer or employee of such department or agency specifically 
designated by the head thereof, may impose a civil penalty not to 
exceed $10,000 for each violation of this Act or any regulation, order, 
or license issued under this Act, either in addition to or in lieu of any 
other liability or penalty which may be imposed. 
(2)(A) The authority under this Act to suspend or revoke the 
authority of any United States person to export goods or technology 
may be used with respect to any violation of the regulations issued 
pursuant to section 8(a) of this Act. 
(B) Any administrative sanction (including any civil penalty or any 
suspension or revocation of authority to export) imposed under this 
Act for a violation of the regulations issued pursuant to section 8(a) of 
this Act may be imposed only after notice and opportunity for an 
agency hearing on the record in accordance with sections 554 through 
557 of title 5, United States Code. 
(C) Any charging letter or other document initiating administra-
tive proceedings for the imposition of sanctions for violations of the 
regulations issued pursuant to section 8(a) of this Act shall be made 
available for public inspection and copying. 
(d) PAYMENT OF PENALTIES.—The payment of any penalty imposed 
pursuant to subsection (c) may be made a condition, for a period not 
exceeding one year after the imposition of such penalty, to the 
granting, restoration, or continuing validity of any export license, 
permission, or privilege granted or to be granted to the person upon 
whom such penalty is imposed. In addition, the payment of any 
penalty imposed under subsection (c) may be deferred or suspended in 
whole or in part for a period of time no longer than any probation 
period (which may exceed one year) that may be imposed upon such 
person. Such a deferral or suspension shall not operate as a bar to the 
50 u s e app. 
2410. 
"C!ontrolled 
country." 
22 u s e 2370. 
Deferral or 
suspension. 
SI 
5C . ni o 
93 STAT. 530 
PUBLIC LAW 96-72—SEPT. 29, 1979 
collection of the penalty in the event that the conditions of the 
suspension, deferral, or probation are not fulfilled. 
(e) REFUNDS.—Any amount paid in satisfaction of any penalty 
imposed pursuant to subsection (c) shall be covered into the Treasury 
as a miscellaneous receipt. The head of the department or agency 
concerned may, in his discretion, refund any such penalty, within 2 
years after payment, on the ground of a material error of fact or law 
in the imposition of the penalty. Notwithstanding section 1346(a) of 
title 28, United States Code, no action for the refund of any such 
penalty may be maintained in any court. 
(f) ACTIONS FOR RECOVERY OF PENALTIES.—In the event of the 
failure of any person to pay a penalty imposed pursuant to subsection 
(c), a civil action for the recovery thereof may, in the discretion of the 
head of the department or agency concerned, be brought in the name 
of the United States. In any such action, the court shall determine de 
novo all issues necessary to the establishment of liability. Except as 
provided in this subsection and in subsection (d), no such liability 
shall be asserted, claimed, or recovered upon by the United States in 
any way unless it has previously been reduced to judgment. 
(g) OTHER AUTHORITIES.—Nothing in subsection (c), (d), or 
(f) 
limits— 
(1) the availability of other administrative or judicial remedies 
with respect to violations of this Act, or any regulation, order, or 
license issued under this Act; 
(2) the authority to compromise and settle administrative 
proceedings brought with respect to violations of this Act, or any 
regulation, order, or license issued under this Act; or 
(3) the authority to compromise, remit or mitigate seizures and 
forfeitures pursuant to section 1(b) of title VI of the Act of June 
15,1917 (22 U.S.C. 401(b)). 
ENFORCEMENT 
SOUSCapp. 
SEC. 12. (a) GENERAL AUTHORITY.—To the extent necessary or 
^^^- 
appropriate to the enforcement of this Act or to the imposition of any 
penalty, forfeiture, or liability arising under the Export Control Act 
SOUSCapp.2021 of 1949 or the Export Administration Act of 1969, the head of any 
note, 2401 note, 
department or agency exercising any function thereunder (and offi-
cers or employees of such department or agency specifically desig-
nated by the head thereof) may make such investigations and obtain 
such information from, require such reports or the keeping of such 
records by, make such inspection of the books, records, and other 
writings, premises, or property of, £ind take the sworn testimony of, 
any person. In addition, such officers or employees may administer 
oaths or affirmations, and may by subpena require any person to 
appear and testify or to appear and produce books, records, and other 
writings, or both, and in the case of contumacy by, or refusal to obey a 
subpena issued to, any such person, the district court of the United 
States for any district in which such person is found or resides or 
transacts business, upon application, and after notice to any such 
person and hearing, shall have jurisdiction to issue an order requir-
ing such person to appear and give testimony or to appear and 
produce books, records, and other writings, or both, and any failure to 
obey such order of the court may be punished by such court as a 
contempt thereof. 
(b) IMMUNITY.—No person shall be excused from complying with 
any requirements under this section because of his privilege against 
self-incrimination, but the immunity provisions of section 6002 of 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 531 
title 18, United States Code, shall apply with respect to any indi-
vidual who specifically claims such privilege. 
(c) CONFIDENTIALITY.—(1) Except as otherwise provided by the third 
sentence of section 8(b)(2) and by section 11(c)(2)(C) of this Act, 
information obtained under this Act on or before June 30,1980, which 
is deemed confidential, including Shippers' Export Declarations, or 
with reference to which a request for confidential treatment is made 
by the person furnishing such information, shall be exempt from 
disclosure under section 552 of title 5, United States Code, and such 
information shall not be published or disclosed unless the Secretary 
determines that the withholding thereof is contrary to the national 
interest. Information obtained under this Act after June 30, 1980, 
may be withheld only to the extent permitted by statute, except that 
information obtained for the purpose of consideration of, or concern-
ing, license applications under this Act shall be withheld from public 
disclosure unless the release of such information is determined by the 
Secretary to be in the national interest. Enactment of this subsection 
shall not affect any judicial proceeding commenced under section 552 
of title 5, United States Code, to obtain access to boycott reports 
submitted prior to October 31, 1976, which was pending on May 15, 
1979; but such proceeding shall be continued as if this Act had not 
been enacted. 
(2) Nothing in this Act shall be construed as authorizing the 
withholding of information from the Congress, and all information 
obtained at any time under this Act or previous Acts regarding the 
control of exports, including any report or license application re-
quired under this Act, shall be made available upon request to any 
committee or subcommittee of Congress of appropriate jurisdiction. 
No such committee or subcommittee shall disclose any information 
obtained under this Act or previous Acts regarding the control of 
exports which is submitted on a confidential basis unless the full 
committee determines that the withholding thereof is contrary to the 
national interest. 
(d) REPORTING REQUIREMENTS.—In the administration of this Act, 
reporting requirements shall be so designed as to reduce the cost of 
reporting, recordkeeping, and export documentation required under 
this Act to the extent feasible consistent with effective enforcement 
and compilation of useful trade statistics. Reporting, recordkeeping, 
and export documentation requirements shall be periodically re-
viewed and revised in the light of developments in the field of 
information technology. 
(e) SiMPUFiCATiON OF REGULATIONS.—The Secretary, in consulta-
tion with appropriate United States Government departments and 
agencies and with appropriate technical advisory committees estab-
lished under section 5(h), shall review the regulations issued under 
this Act and the commodity control list in order to determine how 
compliance with the provisions of this Act can be facilitated by 
simplifying such regulations, by simplifying or clarifying such list, or 
by any other means. 
Information 
disclosure. 
Access to boycott 
reports. 
Information, 
availability to 
Congress. 
Review of 
regulations. 
EXEMPTION FROM CERTAIN PROVISIONS RELATING TO ADMINISTRATIVE 
PROCEDURE AND JUDICIAL REVIEW 
SEC. 13. (a) EXEMPTION.—Except as provided in section 11(c)(2), the 
functions exercised under this Act are excluded from the operation of 
sections 551, 553 through 559, and 701 through 706 of title 5, United 
States Code. 
(b) PuBuc PARTICIPATION.—It is the intent of the Congress that, to 
the extent practicable, all regulations imposing controls on exports 
50 u s e app. 
2412. 
93 STAT. 532 
PUBLIC LAW 96-72—SEPT. 29, 1979 
under this Act be issued in proposed form with meaningful opportu-
nity for pubHc comment before taking effect. In cases where a 
regulation imposing controls under this Act is issued with immediate 
effect, it is the intent of the Congress that meaningful opportunity for 
public comment also be provided and that the regulation be reissued 
in final form after public comments have been fully considered. 
ANNUAL REPORT 
Report to 
SEC. 14. (a) CONTENTS.—Not later than December 31 of each year, 
50 l ^ ^ p p 
*^® Secretary shall submit to the Congress a report on the adminis-
2413. 
tration of this Act during the preceding fiscal year. All agencies shall 
cooperate fully with the Secretary in providing information for such 
report. Such report shall include detailed information with respect 
to— 
(1) the implementation of the policies set forth in section 3; 
(2) general licensing activities under sections 5, 6, and 7, and 
any changes in the exercise of the authorities contained in 
sections 5(a), 6(a), and 7(a); 
(3) the results of the review of United States policy toward 
individual countries pursuant to section 5(b); 
(4) the results, in as much detail as may be included consistent 
with the national security and the need to maintain the confiden-
tiality of proprietary information, of the actions, including re-
views and revisions of export controls maintained for national 
security purposes, required by section 5(c)(3); 
(5) actions taken to carry out section 5(d); 
(6) changes in categories of items under export control referred 
to in section 5(e); 
(7) determinations of foreign availability made under section 
5(f), the criteria used to make such determinations, the removal 
of any export controls under such section, and any evidence 
demonstrating a need to impose export controls for national 
security purposes notwithstanding foreign availability; 
(8) actions taken in compliance with section 5(f)(5); 
(9) the operation of the indexing system under section 5(g); 
(10) consultations with the technical advisory committees 
established pursuant to section 5(h), the use made of the advice 
rendered by such committees, and the contributions of such 
committees toward implementing the policies set forth in this 
Act; 
(11) the effectiveness of export controls imposed under section 
6 in furthering the foreign policy of the United States; 
(12) export controls and monitoring under section 7; 
(13) the information contained in the reports required by 
section 7(b)(2), together with an analysis of— 
(A) the impact on the economy and world trade of short-
ages or increased prices for commodities subject to monitor-
ing under this Act or section 812 of the Agricultural Act of 
7 use 612C-3. 
1970; 
(B) the worldwide supply of such commodities; and 
(C) actions being taken by other countries in response to 
such shortages or increased prices; 
(14) actions taken by the President and the Secretary to carry 
out the antiboycott policies set forth in section 3(5) of this Act; 
(15) organizational and procedural changes undertaken in 
furtherance of the policies set forth in this Act, including 
changes to increase the efficiency of the export licensing process 
and to fulfill the requirements of section 10, including an 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 533 
analysis of the time required to process license applications, the 
number and disposition of export license applications taking 
more than 90 days to process, and an accounting of appeals 
received, court orders issued, and actions taken pursuant thereto 
under subsection (j) of such section; 
(16) delegations of authority by the President as provided in 
section 4(e) of this Act; 
(17) efforts to keep the business sector of the Nation informed 
with respect to policies and procedures adopted under this Act; 
(18) any reviews undertaken in furtherance of the policies of 
this Act, including the results of the review required by section 
12(d), and any action taken, on the basis of the review required by 
section 12(e), to simplify regulations issued under this Act; 
(19) violations under section 11 and enforcement activities 
under section 12; and 
(20) the issuance of regulations under the authority of this Act, 
including an explanation of each case in which regulations were 
not issued in accordance with the first sentence of section 13(b). 
(b) REPORT ON CERTAIN EXPORT CONTROLS.—To the extent that the 
President determines that the policies set forth in section 3 of this Act 
require the control of the export of goods and technology other than 
those subject to multilateral controls, or require more stringent 
controls than the multilateral controls, the President shall include in 
each annual report the reasons for the need to impose, or to continue 
to impose, such controls and the estimated domestic economic impact 
on the various industries affected by such controls. 
(c) REPORT ON NEGOTIATIONS.—The President shall include in each 
annual report a detailed report on the progress of the negotiations 
required by section 5(i), until such negotiations are concluded. 
REGULATORY AUTHORITY 
SEC. 15. The President and the Secretary may issue such regula- Regulations, 
tions as are necessary to carry out the provisions of this Act. Any ^^^ 
^^^' 
such regulations issued to carry out the provisions of section 5(a), 6(a), 
7(a), or 8(b) may apply to the financing, transporting, or other 
servicing of exports and the participation therein by any person. 
DEFINITIONS 
SEC. 16. As used in this Act— 
50 use app. 
(1) the term "person" includes the singular and the plural and ^'*^^-
any individual, partnership, corporation, or other form of associ-
ation, including any government or agency thereof; 
(2) the term "United States person" means any United States 
resident or national (other than an individual resident outside 
the United States and employed by other than a United States 
person), any domestic concern (including any permanent domes-
tic establishment of any foreign concern) and any foreign subsidi-
ary or affiliate (including any permanent foreign establishment) 
of any domestic concern which is controlled in fact by such 
domestic concern, as determined under regulations of the Presi-
dent; 
(3) the term "good" means any article, material, supply or 
manufactured product, including inspection and test equipment, 
and excluding technical data; 
(4) the term "technology" means the information and know-
how that can be used to design, produce, manufacture, utilize, or 
93 STAT. 534 
PUBLIC LAW 96-72—SEPT. 29, 1979 
reconstruct goods, including computer software and technical 
data, but not the goods themselves; and 
(5) the term "Secretary" means the Secretary of Commerce. 
EFFECT ON OTHER ACTS 
50 use app. 
SEC. 17. (a) IN GENERAL.—Nothing contained in this Act shall be 
2^^^- 
construed to modify, repeal, supersede, or otherwise affect the provi-
sions of any other laws authorizing control over exports of any 
commodity. 
(b) COORDINATION OF CONTROLS.—The authority granted to the 
President under this Act shall be exercised in such manner as to 
achieve effective coordination with the authority exercised under 
section 38 of the Arms Export Control Act (22 U.S.C. 2778). 
(c) CIVIL AIRCRAFT EQUIPMENT.—Notwithstanding any other provi-
sion of law, any product (1) which is standard equipment, certified by 
the Federal Aviation Administration, in civil aircraft and is an 
integral part of such aircraft, and (2) which is to be exported to a 
country other than a controlled country, shall be subject to export 
controls exclusively under this Act. Any such product shall not be 
subject to controls under section 38(bX2) of the Arms Export Control 
Act. For purposes of this subsection, the term "controlled country" 
means any country described in section 620(f) of the Foreign Assist-
22 use 2370. 
ance Act of 1961. 
(d) NONPROUFERATION CONTROLS.—(1) Nothing in section 5 or 6 of 
this Act shall be construed to supersede the procedures published by 
the President pursuant to section 309(c) of the Nuclear Non-Prolifera-
tionActofl978. 
(2) With respect to any export license application which, under the 
procedures published by the President pursuant to section 309(c) of 
92 Stat. 141. 
the Nuclear Non-Proliferation Act of 1978, is referred to the Sub-
42 use 2139. 
group on Nuclear Export Coordination or other interagency group, 
the provisions of section 10 of this Act shall apply with respect to such 
license application only to the extent that they are consistent with 
such published procedures, except that if the processing of any such 
application under such procedures is not completed within 180 days 
after the receipt of the application by the Secretary, the applicant 
shall have the rights of appeal and court action provided in section 
100") of this Act. 
(e) TERMINATION OF OTHER AUTHORITY.—On October 1, 1979, the 
Mutual Defense Assistance Control Act of 1951 (22 U.S.C. 
1611-1613d), is superseded. 
AUTHORIZATION OF APPROPRIATIONS 
50 use app. 
SEC. 18. (a) REQUIREMENT OF AUTHORIZING LEGISLATION.—Notwith-
^^^^ 
standing any other provision of law, no appropriation shall be made 
under any law to the Department of Commerce for expenses to carry 
out the purposes of this Act unless previously and specifically 
authorized by law. 
(b) AUTHORIZATION.—There are authorized to be appropriated to 
the Department of Commerce to carry out the purposes of this Act— 
(1) $8,000,000 for each of the fiscal years 1980 and 1981, of 
which $1,250,000 shall be available for each such fiscal year only 
for purposes of carrying out foreign availability assessments 
pursuant to section 5(f)(5), and 
(2) such additional amounts, for each such fiscal year, as may 
be necessary for increases in salary, pay, retirement, other 
PUBLIC LAW 96-72—SEPT. 29, 1979 
93 STAT. 535 
employee benefits authorized by law, and other nondiscretionary 
costs. 
EFFECTIVE DATE 
SEC. 19. (a) EFFECTIVE DATE.—This Act shall take effect upon the |J ^sc app. 
expiration of the Export Administration Act of 1969. 
50 USC 
240i 
(b) ISSUANCE OF REGULATIONS.—(1) Regulations implementing the note. ^^^ 
provisions of section 10 of this Act shall be issued and take effect not 50 USC app 2409 
later than July 1,1980. 
note. 
(2) Regulations implementing the provisions of section 7(c) of this 50 USC app. 2406 
Act shall be issued and take effect not later than January 1, 1980. "°**-
TERMINATION DATE 
SEC. 20. The authority granted by this Act terminates on Septem- 50 USC app. 
ber 30,1983, or upon any prior date which the President by proclama-
tion may designate. 
SAVINGS PROVISIONS 
SEC. 21. (a) IN GENERAL.—All delegations, rules, regulations, ^9„y^^PP-
orders, determinations, licenses, or other forms of administrative 
action which have been made, issued, conducted, or allowed to 
become effective under the Export Control Act of 1949 or the Export 50 USC app. 2021 
Administration Act of 1969 and which are in effect at the time this 
"°^' 
Act takes effect shall continue in effect according to their terms until 
modified, superseded, set aside, or revoked under this Act. 
(b) ADMINISTRATIVE PROCEEDINGS.—This Act shall not apply to any 
administrative proceedings commenced or any application for a 
license made, under the Export Administration Act of 1969, which is 
pending at the time this Act takes effect. 
TECHNICAL AMENDMENTS 
SEC. 22. (a) Section 38(e) of the Arms Export Control Act (22 U.S.C. 
2778(e)) is amended by striking out "sections 6(c), (d), (e), and (f) and 
7(a) and (c) of the Export Administration Act of 1969" and inserting in 
lieu thereof "subsections (c), (d), (e), and (f) of section 11 of the Export 
Administration Act of 1979, and by subsections (a) and (c) of section 12 
of such Act". 
(b)(1) Section 103(c) of the Energy Policy and Conservation Act (42 
U.S.C. 6212(c)) is amended— 
(A) by striking out "1969" and inserting in lieu thereof "1979"; 
and 
(B) by striking out "(A)" and inserting in lieu thereof "(C)". 
(2) Section 254(eX3) of such Act (42 U.S.C. 6274(e)(3)) is amended by 
striking out "section 7 of the Export Administration Act of 1969" and 
inserting in lieu thereof "section 12 of the Export Administration Act 
of 1979". 
(c) Section 993(c)(2)(D) of the Internal Revenue Code of 1954 (26 
U.S.C. 993(c)(2)(D)) is amended— 
(1) by striking out "4(b) of the Export Administration Act of 
1969 (50 U.S.C. App. 2403(b))" and inserting in lieu thereof "7(a) 
of the Export Administration Act of 1979"; and 
(2) by striking out "(A)" and inserting in lieu thereof "(C)". 
93 STAT. 536 
PUBLIC LAW 96-72—SEPT. 29, 1979 
INTERNATIONAL INVESTMENT SURVEY ACT AUTHORIZATIONS 
SEC. 23. (a) Section 9 of the International Investment Survey Act of 
1976 (22 U.S.C. 3108) is amended to read as follows: 
"AUTHORIZATIONS 
"SEC. 9. To carry out this Act, there are authorized to be appropri-
ated $4,400,000 for the fiscal year ending September 30, 1980, and 
$4,500,000 for the fiscal year ending September 30,1981.". 
Effective date. 
(b) The amendment made by subsection (a) shall take effect on 
22 use 3108 
October 1,1979. 
note. 
MISCELLANEOUS 
SEC. 24. Section 402 of the Agricultural Trade Development and 
7 use 1732. 
Assistance Act of 1954 is amended by inserting "or beer" in the 
second sentence immediately after "wine". 
Approved September 29, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-200 accompanying H.R. 4034 (eomm. on Foreign Affairs) 
and No. 96-482 (Comm. of Conference). 
SENATE REPORT No. 96-169 (Comm. on Banking, Housing, and Urban Affairs). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
July 18, 20, 21, considered and passed Senate. 
May 31, July 23, Sept. 11, 18, 21, 25, H.R. 4034 considered and passed House; 
passage vacated and S. 737, amended, passed in lieu. 
Sept. 27, Senate agreed to conference report. 
Sept 28, House agreed to conference report.