Export Administration Amendments
PL 95-52 (H.R.5840), enacted 06/22/1977

PUBLIC LAW 95-52—JUNE 22, 1977 
91 STAT. 235 
Public Law 95-52 
95th Congress 
An Act 
To amend the Export Administration Act of 1969 in order to extend the authori-
ties of that Act and improve the administration of export controls under that 
Act, and to strengthen the antiboycott provisions of that Act. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemdled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Export Administration 
Amendments of 1977". 
June 22. 1977 
[H.R. 5840] 
Export 
Administration 
Amendments of 
1977. 
50 u s e app. 
2401 note. 
TITLE I—EXPOKT ADMINISTRATION IMPROVEMENTS 
AND EXTENSION 
EXTENSION OF EXPORT ADMINISTRATION ACT 
SEC. 101. Section 14 of the Export Administration Act of 1969 is 
amended by striking out "September 30, 1976" and inserting in lieu 
thereof "September 30,1979". 
50 u s e app. 
2413. 
AUTHORIZATION OF APPROPRIATIONS 
SEC, 102. The Export Administration Act of 1969 is amended by 
inserting after section 12 the following new section 13 and redesignat-
ing existing sections 13 and 14 as sections 14 and 15, respectively: 
a 
AUTHORIZATION OP APPROPRIATIONS 
"SEC, 13, (a) Notwithstanding 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 for any 
fiscal year commencing on or after October 1, 1977, unless previously 
and specifically authorized by legislation. 
" (b) There is hereby authorized to be appropriated to the Depart-
ment of Commerce $14,033,000 (and such additional amounts as may 
be necessary for increases in salary, pay, retirement, other employee 
benefits authorized by law, and other nondiscretionary costs) for fiscal 
years 1978 and 1979 to carry out the purposes of this Act.". 
50 u s e app. 
2412, 2413. 
50 u s e app. 
2411a. 
CONTROL OF EXPORTS FOR NATIONAL SECURITY PURPOSES J FOREIGN 
AVAILABILITY 
SEC. 103. (a) Section 4(b) of the Export Administration Act of 
1969 is amended— 
(1) by striking out the third sentence of paragraph (1); 
(2) by striking out paragraphs (2) through (4); and 
(3) by inserting the following new paragraph (2) immediately 
after paragraph (1) : 
50 use app. 
2403. 
91 STAT. 236 
PUBLIC LAW 95-52—JUNE 22, 1977 
50 use app. 
2402. 
Review by 
President. 
Report to 
Congress. 
Post, p. 241. 
Rules and regu-
lations. 
-f^-
50 use app. 
2403. 
Effective date. 
50 use app. 
2403 note. 
"(2) (A) In administering export controls for national security-
purposes as prescribed in section 3(2) (C) of this Act, United States 
policy toward individual countries shall not be determined exclusively 
on the basis of a country's Communist or non-Communist status but 
shall take into account such factors as the countiy's present and poten-
tial relationship to the United States, its present and potential rela-
tionship 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 
^resident may deem appropriate. The President shall periodically 
review United States policy toward individual countries to determine 
whetlier such policy is appropriate in light of the factors specified in 
the preceding sentence. The results of such review, together with the 
justification for United States policy in light of such factors, shall be 
reported to Congress not later than December 31, 1978, in the semi-
annual report of the Secretary of Commerce required by section 10 
of this Act, and in every second such report thereafter. 
- "(B) Rules and regulations under this subsection may provide for 
jdenial of any requ,est or application for authority to export articles, 
' materials, or supplies, including technical data or any other informa-
tion, from the United States, its territories and possessions, to any 
nation or combination of nations threatening the national security of 
the United States if the President determines that their export would 
prove detrimental to the national security of the United States. The 
President shall not impose export controls for national security pur-
poses on the export from the United States of articles, materials, or 
supplies, including technical data or other information, which he 
determines are available without restriction from sources outside the 
United States in significant quantities and comparable in quality to 
those produced in the United States, unless the President determines 
that adequate evidence has been presented to him demonstrating that 
the absence of such controls would prove detrimental to the national 
security of the United States. The nature of such evidence shall be 
included in the semiannual report required by section 10 of this Act. 
AVTiere, in accordance with this paragraph, export controls are imposed 
for national security purposes notwithstanding foreign availalbility, 
the President shall take steps to initiate negotiations with the govern-
ments of the appropriate foreign countries for the purpose of eliminat-
ing such availability.". 
(b)(1) Section 4(h) of the Export Administration Act of 1969 
is amended by striking out "controlled country" in the first sentence 
of paragraph (1) and in the second sentence of paragraph (2) and 
inserting in lieu thereof "country to which exports are restricted for 
national security purposes". 
(2) Section 4(h) (2) (A) of such Act is amended by striking out 
"controlled" and inserting in lieu thereof "such". 
(3) Section 4(h) (4) of such Act is amended— 
(A) by inserting "and" at the end of subparagraph ( A ) ; and 
(B) by striking out the semicolon at the end of subparagraj)h 
(B) thereof and all that follows the semicolon and inserting in 
lieu thereof a period. 
(4) The amendments made by this subsection shall become effective 
upon the expiration of ninety days after the receipt by the Congress 
of the first report required by the amendment made by subsection (a) 
(3) of this section. 
(c) Section 4(h) of such Act is amended— 
(1) in paragraph (1)— 
PUBLIC LAW 95-52—JUNE 22, 1977 
91 STAT. 237 
' 
(A) in the first sentence by striking out "significantly in- 50 USC app. 
crease the military capability of such country" and inserting 2403. 
in lieu thereof "make a significant contribution to the military 
potential of such country"; and 
(B) in the second sentence by striking out "significantly 
increase the military capability of such country" and insert-
ing in lieu thereof "make a significant contribution, which 
would prove detrimental to the national security of the 
' 
, 
United States, to the militaiy potential of any such country"; 
, ;, 
and 
(2) in paragraph 
(2) (A) 
by striking out 
"significantly 
increase the military capability of such country" and inserting in 
lieu thereof "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", 
(d) Section 6(b) of such Act is amended by striking out "Com- 50 USC app. 
munist-dominated nation" and inserting in lieu thereof "country to 2405. 
which exports are restricted for national security or foreign policy 
purposes". 
MONITORING OF COMMODITIES IN POTENTIAL SHORT SUPPLY 
SEC. 104. Section 4(c) (1) of the Export Administration Act of 
1969 is amended by inserting after the first sentence thereof the fol- 50 USC app. 
lowing: "Such monitoring shall commence at a time adequate to 2403. 
insure that data will be available which is sufficient to permit achieve-
ment of the policies of this Act.". 
EXEMPTION FOR CERTAIN AGRICULTURAL COMMODITIES FROM CERTAIN 
EXPORT LIMITATIONS 
SEC. 105. Section 4(f) of the Export Administration Act of 1969 is 
amended— 
(1) by redesignating such section as section 4(f) (1); and 
(2) by adding at the end thereof the following new paragraph: 
"(2) Upon approval of the Secretary of Commerce, in consulta-
tion with the Secretary of Agriculture, agricultural commodities pur-
chased by or for use in a foreign country may remain in the United 
States for export at a later date free from any quantitative limita-
tions on export which may be imposed pursuant to section 3(2) (A) of 
this Act subsequent to such approval. The Secretary of Commerce may 50 USC app. 
not grant approval hereunder unless he receives adequate assurance 2402. 
and, m conjunction with the Secretary of Agriculture, finds that such 
commodities will eventually be exported, that neither the sale nor 
export thereof will result in an excessive drain of scarce materials and 
have a serious domestic inflationary impact, that storage of such com-
modities in the United States will not unduly limit the space available 
for storage of domestically owned commodities, and that the purpose 
of such storage is to establish a reserve of such commodities for later 
use, not including resale to or use by another country. The Secretary of Rules abd 
Commerce is authorized to issue such rules and regulations as may be regulations, 
necessary to implement this paragraph.". 
91 STAT. 238 
PUBLIC LAW 95-52—JUNE 22, 1977 
rsn& '.WJI 
rtf- 
_rt!' 
CONGRESSIONAL REVIEW OF EXPORT CONTROLS ON AGRICULTURAL 
COMMODITIES 
Report to 
Congress. 
Ante, p. 237. 
50 use app. 
2402. 
SEC. 106. Section 4(f) of the Export Administration Act of 1969, 
as amended by section 105 of this Act, is further amended by adding 
at the end thereof the following new paragraph: 
"(3) If the authority conferred by this section is exercised to pro-
hibit or curtail the exportation of any agricultural commodity in order 
to effectuate the policies set forth in clause (A) or (B) of paragraph 
(2) of section 3 of this Act, the President shall immediately report 
such prohibition or curtailment to the Congress, setting forth the rea-
sons therefor in detail. If the Congress, within 30 days after the date 
of its receipt of such report, adopts a concurrent resolution disapprov-
ing such prohibition or curtailment, then such prohibition or curtail-
ment 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.". 
50 use app. 
2403. 
Approval. 
Notice. 
Interagency 
review. 
Denial. 
PERIOD FOR A C T I O N ON EXPORT LICENSE APPLICATIONS 
SEC. 107. Section 4(g) of the Export Administration Act of 1969 
is amended to read as follows: 
"(g) (1) It is the intent of Congress that any export license applica-
tion required under this Act shall be approved or disapproved within 
90 days of its receipt. Upon the expiration of the 90-day period begin-
ning on the date of its receipt, any export license application required 
under this Act which has not been approved or disapproved shall be 
deemed to be approved and the license shall be issued unless the Secre-
tary of Commerce or other official exercising authority under this 
Act finds that additional time is required and notifies the applicant 
in writing of the specific circumstances requiring such additional time 
and the estimated date when the decision will be made. 
"(2) (A) With respect to any export license application not finally 
approved or disapproved within 90 days of its receipt as provided in 
paragraph (1) of this subsection, the applicant shall, to the maximum 
extent consistent with the national security of the United States, be 
specifically informed in writing of questions raised and negative con-
siderations or recommendations made by any agency or department 
of the Government with respect to such license application, and shall 
be accorded an opportunity to respond to such questions, considera-
tions, or recommendations in writing prior to final approval or disap-
proval by the Secretary of Commerce or other official exercising 
authority under this Act. In making such final approval or disap-
proval, the Secretary of Commerce or other official exercising author-
ity under this Act shall take fully into account the applicant's response. 
"(B) Whenever the Secretary determines that it is necessary to 
refer an export license application to any interagency review process 
for approval, he shall first, if the applicant so requests, provide the 
applicant with an opportunity to review any documentation to be 
submitted to such process for the purpose of describing the export in 
question, in order to determine whether such documentation accurately 
describes the proposed export. 
"(3) In any denial of an export license application, the applicant 
shall be informed in writing of the specific statutory basis for such 
denial.". 
PUBLIC LAW 95-52—JUNE 22, 1977 
91 STAT. 239 
•^ 
* 
' " 
^ 
" 
CERTAIN PETROLEUM EXPORTS 
" SEC. 108. Section 4 of the Export Administration Act of 1969 is 
amended by adding at the end thereof the following new subsection: 
"(j) 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 quantitative restrictions imposed pur-
suant to section 3(2) (A) of this Act, except that, if the Secretary of 
Commerce finds that a product is in short supply, the Secretary of 
Commerce may issue such rules and regulations as may be necessary 
to limit exports.". 
EXPORT OF HORSES 
SEC. 109. Section 4 of the Export Administration Act of 1969, as 
amended by section 108 of this Act, is further amended by adding 
at the end thereof the following new subsection: 
"(k) (1) Notwithstanding any other provision of this Act, no horse 
may be exported by sea from the United States, its territories and 
])ossessions, 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 of Commerce, in consultation with the Secre-
tary of Agriculture, may issue rules and regulations providing for the 
granting of w^aivers permitting the export by sea of a specified con-
signment of horses, if the Secretary of Commerce, in consultation with 
the Secretary of Agriculture, determines that no horse in that consign-
ment is being exported for purposes of slaughter.". 
Rules and 
regulations. 
50 use app. 
2403. 
50 use app. 
2402. 
Waivers, rules 
and regulations. 
PROHIBITION o r CERTAIN PETROLEUM EXPORTS 
SEC. 110. Section 4 of the Export Administration Act of 1969, as 
amended by sections 108 and 109 of this Act, is further amended by 
adding at the end thereof the following new subsection: 
"(1) (1) Notwithstanding any other provision of this Act and not-
withstanding subsection (u) of section 28 of the Mineral Leasing Act 
of 1920, no domestically produced crude oil transported by pipeline 30 USe 185. 
over rights-of-way granted pursuant to such section 28 (except any 
such crude oil which (A) is exchanged in similar quantity for con-
venience or increased efficiency of transportation with persons or the 
government of an adjacent foreign state, or (B) is temporarily 
exported for convenience or increased efficiency of transportation 
7
,
,
^ 
across pails of an adjacent foreign state and reenters the United 
States) may be exported from the United States, its territories and 
possessions, during the 2-year period beginning on the date of enact-
ment of this subsection unless the requirements of paragraph (2) of 
this subsection are met. 
: u : 
"(2) Crude oil subject to the prohibition contained in paragraph 
(1) may be exported only if— 
"(A) the President makes and publishes an express finding that Presidential 
exports of such crude oil— 
finding, 
"(i) will not diminish the total quantity or quality of publication, 
petroleum available to the United States, 
"(ii) will have a positive effect on consumer oil prices by 
decreasing the average crude oil acquisition costs of refiners, 
"(iii) will be made only pursuant to contracts which may 
be terminated if the petroleum supplies of the United States 
are interrupted or seriously threatened, 
" (iv) are in the national interest, and 
29-194 
0 - 8 0 
91 STAT. 240 
PUBLIC LAW 95-52—JUNE 22, 1977 
Report to 
Congress. 
42 use 6421. 
Congressional 
"(v) are in accordance with the provisions of this Act; 
and 
' ' 
"(B) the President reports such finding to the Congress as an 
energy action (as defined in section 551 of the Energy Policy and 
Conservation Act). 
The congressional review provisions of such section 551 shall apply to 
an energy action reported in accordance with this paragraph, except 
that for purposes of this paragraph, any reference in such section to 
a period of 15 calendar days of continuous session of Congress shall 
be deemed to be a reference to a period of 60 calendar days of con-
tinuous session of Congress and the period specified in subsection 
(f)(4)(A) of such section for committee action on a resolution shall 
be deemed to be 40 calendar days.". 
50 use app. 
2404. 
Report, 
adaitional 
information, 
Post, p. 241. 
\ 3 8 t : . 
50 u s e app. 
2405. 
Ante, p. 237. 
Payment, 
deferral or 
suspension. 
TECHNICAL ADVISORY COMMITTEES 
SEC. 111. (a) Section 5(c)(1) of the Export Administration Act 
of 1969 is amended by striking out "two" in the last sentence thereof 
and inserting in lieu thereof "four". 
(b) The second sentence of section 5(c) (2) of such Act is amended 
to read as follows: "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 utiliza-
tion of production technology, (C) licensing procedures which affect 
the level of export controls applicable to any articles, materials, and 
supplies, including technical data or other information, and (D) 
exports subject to multilateral controls in which the United States 
participates including proposed revisions of any such multilateral 
controls.". 
(c) Section 5(c) (2) of such Act is further amended by strikinj? out 
the third sentence and inserting in lieu thereof the following: "The 
Secretary shall include in each semiannual report required by section 
10 of this Act an accounting of the consultations undertaken pursuant 
to this paragraph, the use made of the advice rendered by the technical 
advisory committees pursuant to this paragraph, and the contribu-
tions of the technical advisory committees to carrying out the policies 
of this Act.". 
PENALTIES FOR VIOLATIONS 
SEC. 112, (a) Section 6(a) of the Export Administration Act of 
1969 is amended— 
(1) in the first sentence, by striking out "$10,000" and inserting 
in lieu thereof "$25,000"; and 
(2) in the second sentence, bv striking out "$20,000" and insert-
ing in lieu thereof "$50,000". 
(b) Section 6(b) of such Act is amended by striking out "$20,000" 
and inserting in lieu thereof "$50,000". 
(c) Section 6(c) of such Act is amended by striking out "$1,000" 
and inserting in lieu thereof "$10,000". 
(d) Section 6(d) of such Act is amended by adding at the end 
thereof the following new sentence: "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 
collection of the penalty in the event that the conditions of the sus-
pension, deferral, or probation are not fulfilled.". 
, ,, 
PUBLIC LAW 95-52—JUNE 22, 1977 
91 STAT. 241 
AVAILABILITY Or INFORMATION TO CONGRESS 
SEC. 113. (a) Section 7(c) of the Export Administration Act of 
1969 is amended by adding at the end thereof the following new sen- 50 USC app. 
tences: "Nothing in this Act shall be construed as authorizing the 2406. 
withholding of information from Congress, and any information 
obtained under this Act, including any report or license application 
required under section 4(b), shall be made available upon request to Ante, p. 235. 
any committee or subcommittee of Congress of appropriate jurisdic-
tion. No such committee or subcommittee shall disclose any informa- 
Disclosure, 
tion obtained under this Act which is submitted on a confidential basis 
imless the full committee determines that the withholding thereof is 
contrary to the national interest.", 
(b) Section 4(c) (1) of such Act is amended by inserting immedi- Ante, p. 237. 
ately before the period at the end of the last sentence thereof "and in 
the last two sentences of section 7(c) of this Act". 
SIMPLIFICATION OF EXPORT REGULATIONS AND LISTS 
Review. 
50 USC app. 
2406. 
SEC. 114. Section 7 of the Export Administration Act of 1969 is 
amended by adding at the end thereof the following ncAV subsection: 
"(e) The Secretary of Commerce, in consultation with appropriate 
United States Government departments and agencies and with appro-
priate technical advisory committees established under section 5(c), Ante, p. 240 
shall review the rules and regulations issued under this Act and the 
lists of articles, materials, and supplies which are subject to export 
controls in order to determine how compliance with the provisions of 
this Act can be facilitated by simplifying such rules and resrulations, 
by simplifying or clarifying such lists, or by any other means. Not 
Report to 
later than one year after the enactment of this subsection, the Secre- Congress, 
tary of Commerce shall report to Congress on the actions taken on 
the basis of such review to simplify such rules and rearulations. Such 
report may be included in the semiannual report required by section 
10 of this Act.". 
Infra. 
TERRORISM 
SEC. 115. Section 3 of the Export Administration Act of 1969 is 
amended bv adding at the end thereof the following new paragraph: 
"(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 territory or resources to aid, encourage, or give sanctuary to 
those persons involved in directing, supportin,?. or particinatinq: 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 international terrorists through international 
cooperation and agreement before resorting to the imposition of export 
controls.". 
SEMIANNUAL REPORTS 
SEC. 116. (a) Section 10 of the Export Administration Act of 1969 
is amended by adding at the end thereof the following new subsection: 
"(c) Each semiannual report shall include an accounting of— 
" (1) any organizational and procedural changes instituted, any 
reviews undertaken, and any means used to keep the business 
sector of the Nation informed, pursuant to section 4(a) of this 
Act; 
"(2) any changes in the exercise of the authorities of section 
4(b) of this Act; 
50 USC app. 
2402. 
50 USC app. 
2409. 
50 USC app. 
2403. 
91 STAT. 242 
50 use 
2403. 
Ante, p. 
238. 
Ante, p. 
Ante, p. 
Post, p. 
50 use 
2409. 
app. 
236, 
240. 
240. 
247. 
app. 
PUBLIC LAW 95-52—JUNE 22, 1977 
"(3) any delegations of authority under section 4(e) of this 
Act; 
" (4) the disposition of export license applications pursuant to 
sections 4 (g) and (h) of this Act; 
"(5) consultations undertaken with technical advisory com-
mittees pursuant to section 5(c) of this Act; 
"(6) violations of the provisions of this Act and penalties 
imposed pursuant to section 6 of this Act; and 
"(7) a description of actions taken by the President and the 
Secretary of Commerce to effect the policies set forth in section 
3(5) of this Act", 
(b) (1) The section heading of such section 10 is amended by 
striking out "QUARTERLY". 
(2) Subsection (b) of such section is amended— 
(A) by striking out "quarterly" each time it appears; and 
(B) by striking out "second" in the first sentence of paragraph 
(1). 
Submittal to 
Congress. 
50 u s e app. 
2409 note. 
50 u s e app. 
2401 note. 
22 u s e 1611 
note. 
Contents. 
SPECIAL REPORT ON MULTILATERAL EXPORT CONTROLS 
SEC. 117. Not later than 12 months after the enactment of this 
section, the President shall submit to the Congress a special report 
on multilateral export controls in which the United States participates 
pursuant to the Export Administration Act of 1969 and pursuant to 
the Mutual Defense Assistance Control Act of 1951. The purpose of 
such special report shall be to assess the effectiveness of such multi-
lateral export controls and to formulate specific proposals for increas-
ing the effectiveness of such controls. That special report shall 
include— 
(1) the current list of commodities controlled for export by 
agreement of the group known as the coordinating Committee of 
the Consultative Group (hereafter in this section referred to as 
the "Committee") and an analysis of the process of reviewing 
such list and of the changes which result from such review; 
(2) data on and analysis of requests for exceptions to such 
list; 
(3) a description and an analysis of the process by which deci-
sions are made by the Committee on whether or not to grant such 
requests; 
(4) an analysis of the uniformity of interpretation and enforce-
ment by the participating countries of the export controls agreed 
to by the Committee (including controls over the re-export of 
such commodities from countries not participating in the Com-
mittee), and information on each case where such participating 
countries have acted contrary to the United States interpretation 
of the policy of the Committee, including United States repre-
sentations to such countries and the response of such countries; 
(5) an analysis of the problem of exports of advanced tech-
nology by countries not participating in the Committee, including 
such exports by subsidiaries or affiliates of United States busi-
nesses in such countries; 
(6) an analysis of the effectiveness of any procedures employed, 
in cases in which an exception for a listed commodity is granted 
by the Committee, to determine whether there has been compli-
ance with any conditions on the use of the excepted commodity 
which were a basis for the exception; and 
. . -
PUBLIC LAW 95-52—JUNE 22, 1977 
91 STAT. 243 
j 
(7) detailed recommendations for improving, through formali-
zation or other means, the effectiveness of multilateral export 
controls, including specific recommendations for the development 
of more precise criteria and procedures for collective export deci-
sions and for the development of more detailed and formal 
enforcement mechanisms to assure more uniform interpretation 
of and compliance with such criteria, procedures, and decisions 
by all countries participating in such multilateral export controls. 
REVIEW o r UNILATERAL AND MULTILATERAL EXPORT CONTROL LISTS 
SEC. 118. The Secretary of Commerce, in cooperation with appro-
priate United States Government departments and agencies and the 
appropriate technical advisorj'^ committees established pursuant to the 
Export Administration Act of 1969, shall undertake an investigation 
to determine whether United States unilateral controls or multilateral 
controls in which the United States participates should be removed, 
modified, or added with respect to particular articles, materials, and 
supplies, including technical data and other information, in order to 
protect the national security of the United States. Such investigation 
shall take into account such factors as the availability of such articles, 
materials, and supplies from other nations and the degree to which 
the availability of the same from the United States or from any 
country with which the United States participates in multilateral 
controls would make a significant contribution to the military poten-
tial of any country threatening or potentially threatening the national 
security of the United States. The results of such investigation shall 
be reported to the Congress not later than December 31, 1978. 
Ht 
Investigation. 
50 u s e app. 
2403 note. 
50 u s e app. 
2401 note. 
Report to 
Congress. 
TECHNOLOGY EXPORT STUDY 
SEC. 119. (a) The President, acting through the Secretary of Com- Study, 
merce, the Secretary of Labor, and the International Trade Commis- 50 USC app. 
sion, shall conduct a study of the domestic economic impact of exports 
2403 note, 
from the United States of industrial technology whose export requires 
a license under the Export Administration Act of 1969. Such study 
shall include an evaluation of current exporting patterns on the inter-
national competitive position of the United States in advanced indus-
trial technology fields and an evaluation of the present and future 
effect of these exports on domestic employment. 
(b) The results of the study conducted pursuant to subsection (a) 
Report to 
will be reported to the Congress within one year after the date of 
Congress, 
enactment of this Act. 
REPORT ON TECHNICAL DATA TRANSFERS 
SEC. 120. The Secretary of Commerce shall conduct a study of the 
transfer of technical data and other information to any country to 
which exports are restricted for national security purposes and the 
problem of the export, by publications or any other means of public 
dissemination, of technical data or other information from the United 
States, the export of which might prove detrimental to the national 
security or foreign policy of the United States. Not later than 12 
months after the enactment of this section, the Secretary shall report to 
the Congress his assessment of the impact of the export of such techni-
cal data or other information by such means on the national security 
and foreign policy of the United States and his recommendations for 
monitoring such exports without impairing freedom of speech, freedom 
of press, or the freedom of scientific exchange. Such report may be 
Study. 
50 u s e app. 
2403 note. 
Report to 
eongress. 
91 STAT. 244 
PUBLIC LAW 95-52—JUNE 22, 1977 
It*-*' 
> i-. 
Ante, p. 241. 
included in the semiannual report required by section 10 of the Export 
Administration Act of 1969. 
TITLE II—FOREIGN BOYCOTTS 
50 use app. 
2403a. 
PROHIBITION ON COMPLIANCE WITH FOREIGN BOYCOITS 
SEC. 201. (a) The Export Administration Act of 1969 is amended 
by redesignating section 4A as section 4B and by inserting after 
section 4 the folloAving new section: 
Rules and 
regulations. 
50 u s e app. 
2403-la. 
Post, p. 247. 
'FOREIGN BOYCOTTS 
' 
"SEC. 4A. (a) (1) For the purpose of implementing the policies set 
forth in section 3(5) (A) and (B), the President shall issue rules 
and 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 a^iy other person to refuse, to do 
business with or in the boycotted country, with any business con-
cern organized under the laws of the boycotted country, with any 
national or resident of tlie 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 coun-
try, 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 rules and regula-
tions issued to carry out this subparagraph. 
"(B) Refusing, or I'equiring any othei- 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. 
"(1)) 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 rep-
resentation, shipping or other transport, insurance, investment, 
or supply) with or in the boycotted country, with any business 
concern organized under the laws of the boycotted 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 coun-
try. Nothing in this paragraph shall prohibit the furnishing of 
normal business information in a commercial context as defined 
by the Secretary of Commerce. 
"(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. 
PUBLIC LAW 95-52—JUNE 22, 1977 
91 STAT. 245 
" ( F ) Paying, honoring, confirming, or otherwise implement-
ing a letter of credit which contains any condition or requirement 
compliance with which is prohibited by rules and regulations 
issued pursuant 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) Rules and regulations issued pursuant to paragraph (1) shall 
Exceptions, 
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 thd recipient of the shipment; 
"(B) complying or agreeing to comply with import and ship-
ping 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 con-
veyed in lesponse to such requirements may be stated in negative, 
blacklisting, or similar exclusionary terms after the expiration of 
1 yeai- following the date of enactment of the Export Adminis-
tration Amendments of 1977 other than with respect to carriers or 
route of shipment as may be permitted by such rules and regu-
lations in order to comply with precautionary requirements pro-
tecting against war risks and confiscation; 
"(C) complying or agreeing to comply in the normal course of 
business with the unilateral and specific selection by a boycotting 
country, or national or resident thereof, of carriers, insurers, sup-
pliers of sei'vices to be performed within the boycotting country 
or specific goods which, in the normal course of business, are 
identifiable by source w'hen imported into the boycotting country; 
"(D) complying or agreeing to comply with export require-
ments of the boycotting country relating to shipments or trans-
shipments 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 individ-
ual 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 regard-
ing requirements of employment of such individual within the 
boycotting country; and 
" (F) compliance by a United States person resident in a foreign 
country or agreement by such person to comply with the laws of 
that country with respect to his activities exclusively therein, and 
such rules and regulations may contain exceptions for such resi-
dent complying with the laws or regulations of that foreign coun-
try 
governing 
imports into such country of 
trademarked, 
trade-named, or similarly specifically identifiable products or 
components of products for his own use, including the perform-
ance of contractual services within that country, as may be defined 
by such rules and regulations. 
"(3) Rules and regulations issued pursuant to paragraphs (2) (C) 
and (2) (F) shall not provide exceptions from paragraphs (1) (B) 
and ( 1 ) ( C ) . 
91 STAT. 246 
PUBLIC LAW 95-52—JUNE 22, 1977 
Rules and 
regulations, 
issuance. 
Grace period. 
Infra. 
Post, p. 247. 
Report to 
Secretary of 
Commerce. 
Summaries, 
transmittal to 
Secretary of 
State. 
Ante, p. 235. 
50 u s e app. 
2406. 
Ante, p. 244. 
Post, p. 247. 
"(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. 
i 
" (5) Rules and regulations pursuant to this subsection shall be issued 
not later than 90 days after the date of enactment of this section and 
shall be issued in final form and become effective not later than 120 
days after they are first issued, except that (A) rules and regulations 
prohibiting negative certification may take effect not later than 1 
year after the date of enactment of this section, and (B) a grace period 
shall be provided for the application of the rules and regulations issued 
pursuant to this subsection to actions taken pui-suant to a written con-
tract or other agreement entered into on or before May 16, 1977. Such 
grace period shall end on December 31, 1978, except that the Secre-
tary of Commerce may extend the grace period for not to exceed 1 
additional year in any case in which the Secretary finds that good 
faith efforts are being made to renegotiate the contract or agreement 
in order to eliminate the provisions which are inconsistent with the 
rules and regulations issued pursuant to paragraph (1). 
"(6) This Act shall apply to any transaction or activity undertaken, 
by or through a United States or other person, with intent to evade 
the provisions of this Act as implemented by the rules and regulations 
issued pursuant to this subsection, and such rules and 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 prohibited, 
which are not within the intent of such exceptions. 
"(b) (1) In addition to the rules and regulations issued'pursuant to 
subsection (a) of this section, rules and regulations issued under 
section 4(b) of this Act shall implement the policies set forth in 
section 3(5). 
"(2) Such rules and regulations shall require that any United States 
person receiving a request for the furnishing of information, the 
entering into or implementing of agreements, or the taking of any 
other action referred to in section 3(5) shall report that fact to the 
Secretary of Commerce, together with such other information con-
cerning such request as the Secretary may require for such action as he 
may deem appropriate for carrying out the policies of that section. 
Such person shall also report to the Secretary of Commerce whether 
he intends to comply and whether he has complied Avith such request. 
Any report filed pursuant to this paragraph after the date of enact-
ment of this section shall be made available promptly for public 
inspection and copying, except that information regarding the quan-
tity, description, and value of any articles, materials, and supplies, 
including technical data and other information, to which such report 
relates may be kept confidential if the Secretary determines that dis-
closure thereof would place the United States person involved at a 
competitive disadvantage. The Secretary of Commerce shall peri-
odically 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 of Commerce, may deem 
appropriate for carrying out the policies set forth in section 3(5) of 
this Act.". 
(b) Section 4(b) (1) of such Act is amended by striking out the next 
to the last sentence. 
(c) Section 7(c) of such Act is amended by striking out "No" and 
inserting in lieu thereof "Except as otherwise provided by the third 
sentence of section 4A(b) (2) and by section 6(c) (2) (C) of this Act, 
no". 
PUBLIC LAW 95-52—JUNE 22, 1977 
91 STAT. 247 
STATEMENT OF POLICY 
SEC. 202. (a) Section 3(5) (A) of the Export Administration Act 
of 1969 is amended by insertmg immediately after "United States" 
the following: "or against any United States person". 
(b) Section 3(5) (B) of such Act is amended to read as follows: 
"(B) to encourage and, in specified cases, to require United States 
persons engaged in the export of articles, materials, supplies, or infor-
mation to refuse to take actions, including furnishing information or 
entering into or implementing agreements, which have the effect of 
furthermg or supporting 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,". 
50 u s e app. 
2402. 
50 u s e app. 
2405. 
ENFORCEMENT 
SEC. 203. (a) Section 6(c) of the Export Administration Act of 
1969 is amended— 
(A) by redesignating such section as section 6(c) (1); and 
(B) by adding at the end thereof the following new paragraph: 
"(2) (A) The authority of this Act to suspend or revoke the author-
ity of any United States person to export articles, materials, supplies, 
or technical data or other information, from the United States, its 
territories or possessions, may be used with respect to any violation 
of the rules and regulations issued pursuant to section 4A(a) of this 
Act. 
"(B) An;^ administrative sanction (including any civil penalty or 
any suspension or revocation of authority to export) imposed under 
this Act for a violation of the rules and regulations issued pursuant 
to section 4A(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) Ajiy charging letter or other document initiating administra-
tive proceedings for the imposition of sanctions for violations of the 
rules and regulations issued pursuant to section 4A(a) of this Act 
shall be made available for public inspection and copying.". 
(b) Section 8 of such Act is amended by striking out "The" and 
inserting in lieu thereof "Except as provided in section 6(c) (2), the". 
DEFINITIONS 
SEC. 204. Section 11 of the Export Administration Act of 1969 is 50 USe app. 
amended to read as follows: 
2410. 
Ante, p. 244. 
Notice and 
hearing. 
Documents, 
public inspection. 
50 u s e app. 
2407. 
Supra. 
u 
DEFINITIONS 
"SEC. 11. As used in this Act— 
"(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; and 
"(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 pennanent 
domestic establishment of any foreign concern) and any foreign 
subsidiary or affiliate (including any permanent foreign estab-
lishment) of any domestic concern which is controlled in fact 
by such domestic concern, as determined under regulations of 
the President.". 
91 STAT. 24S 
PUBLIC LAW 95-52—JUNE 22, 1977 
PREEMPTION 
Rules and 
JSEO. 205. The amendments made by this title and the rules and regu-
^n^iTNr*'"^ 
lations issued pursuant thereto shall preempt any law, rule, or regula-
2403-U^^t 
*^°^ ^^ ^^^ of the several States or the District of Columbia, and any 
of the territories or possessions of the United States, or of any govern-
mental subdivision thereof, which law, rule, or regulation pertains to 
particij)ation 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. 
Approved June 22, 1977. 
/."Ai 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-190 (Comm. on International Relations) and No. 95-354 
(Coram, of Conference). 
SENATE REPORT No. 95-104 accompanying S. 69 (Comm. on Banking, Housing, and 
Urban Affairs). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
Apr. 20, considered and passed House. 
May 5, considered and passed Senate, amended, in lieu of S. 69. 
May 10, House considered and disagreed to Senate amendments. 
June 7, Senate agreed to conference report. 
June 10, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 26: 
June 22, Presidential statement.