Technology developed principally by the Department of Defense is controlled by the U.S. 2581, was introduced on July 20, 2001, by Representative Benjamin Gilman. Controls on sales of agricultural products and medicines have been further amended by the Trade Sanctions Reform and Export Enhancement Act of 2000 (Title IX, P.L. This is a project of Civic Impulse, LLC. The EAA provides the statutory authority for export controls on sensitive dual-use goods and technologies, items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological and chemical weaponry. However, other agencies also provide input into the licensing process. A single licensing agency would be established; the two harmonized, tiered control lists would be merged with mechanisms for review and update; a Primary Enforcement Coordination Agency would consolidate enforcement activities; and a single IT system for licensing and enforcement would become operational. Occupational Safety and Health Law means any Legal Requirement designed to provide safe and healthful working conditions and to reduce occupational safety and health hazards, and any program, whether governmental or private (including those promulgated or sponsored by industry associations and insurance companies), designed to provide safe and healthful working conditions. On July 31, 2009, Representative Sherman introduced the Export Control Improvements Act (H.R. Through the EAA, Congress delegates to the executive branch its express constitutional authority to regulate foreign commerce by controlling exports. The Act expired in 1994 but its regulations have been renewed by executive order every year since. Until these disagreements and coordination problems are resolved, exporters--not the government--will continue to determine which restrictions apply and, therefore, the type of governmental review that will occur. Catch-all controls require a license for export or reexport of any item, not just specifically controlled items, if the applicant knows or is informed by BIS that item will be used for nuclear, missile, chemical or biological proliferation activities. %PDF-1.2 % Foreign policy controls must be renewed on a yearly basis.12 It requires the President to clearly state objectives and criteria for controls to be reported to Congress. 7-8. http://www.bis.doc.gov/news/2009/bis_annual_report_08.pdf. GAO Report 06-638, Export Controls: Improvements to Commerce's Dual-Use System Needed to Ensure Protection of U.S. The Secretary of Defense and the Secretary of Commerce (the Secretary) are obligated by the act to periodically review and revise the list. 96-72) provided legal authority to the President to control U.S. exports for reasons of national security, foreign policy, and/or short supply. April 1, 2003 Because you are a member of panel, your positions on legislation and notes below will be shared with the panel administrators. The CCL is the list of specific goods, technology, and software that are controlled by the EAR. If the Secretary makes a foreign availability determination, the item must be decontrolled, although the President can overturn that decision with a determination that decontrolling such items would be detrimental to the national security of the United States. During this lapse, and upon the law's expiration, the authority of export regulations was continued by executive authority. While the 3-phase plan provides a blueprint for a transition to a new export control system, it leaves many questions unanswered. r1EGp$s@q5#i,)4FXr1GpHbZr1Fs The VEU establishes a method by which trusted PRC civilian end-users can be nominated for the program, and, if approved by BIS, the eligible end-users may receive items eligible under the program without a license. GovTrack.us is an independent website tracking the status of legislation in the United States Congress and helping you participate in government. Thank you for joining the GovTrack Advisory Community! The National Defense Authorization Act (NDAA) has also been used periodically as a vehicle to attempt to amend the export control regime. 2003). Laws acquire popular names as they make their way through Congress. 2581 and reported out the legislation by a vote of 44-6 (H.Rept. They are administered by the Bureau of Industry and Security, which is part of the US Commerce Department. Thereafter, export controls were continued for six years under the authority of Executive Order No. Each ECCN is accompanied by a description of the item and the reason for control. Proponents of this argument point to the case of Iraq, which received U.S. weaponry in the 1980s when Saddam Hussein was considered a useful counterweight to Iran. However, technology actually incorporated in commercial aircraft is regulated by the Department of Commerce and falls under a separate foreign policy-based control category. The act was in force from 1979 to 1994, with a lapse in 198485. It was amended in 1985, and some moderate further liberalization occurred in the following years. The greatest number of approved license applications for one commodity to all destinations in FY2008 was for chemical manufacturing facilities and equipment, accounting for 2,212 applications with a value of $294 million.16. The Defense Technology Security Agency in the Department of Defense conducts national security reviews for license applications referred from Commerce and State. They note that the purchase of an American-made computer product also buys superior networking and service, often at a better price. Industry representatives stress the necessity of effective multilateral controls. In the first phase, preparatory work would be undertaken to harmonize the Commerce Control List (CCL) with the U.S. Testimony of William A. Reinsch the Under Secretary for Export Administration, Department of Commerce on the Reauthorization of the Export Administration Act of 1979 (EAA), before the Senate Committee of Banking, Housing and Urban Affairs, Subcommittee on Trade and International Finance, on January 20, 1999. For a description of the full range of foreign policy controls implemented, see BIS, Foreign Policy Report 2008, available at http://www.bis.doc.gov/news/2008/2008-fpr.pdf. xref 96-72) may be considered in the 111th Congress. 0000000916 00000 n Nor will a full-text search of the Code necessarily reveal where all the pieces have been scattered. Industry groups that have taken an active position on legislation to replace the 1979 EAA have considered the adoption of these provisions as a key benefit of potential EAA legislation. These agencies may waive their right to review license applications for certain commodities or to certain destinations. Please help us make GovTrack better address the needs of educators by joining our advisory group. 4601 et seq.). The provision is in response to a March 2004 DOD study, which noted that several MCTL technologies were not controlled under the EAR or the International Traffic in Arms Regulations (ITAR). On May 22, 2009, BIS issued a final rule lifting certain licensing requirements on uncooled thermal imaging cameras to 36 U.S. allied countries. Controversies have arisen with regard to particular exports such as high performance computers, encryption technology, stealth materials, satellites, machine tools, hot-section aerospace technology, and the issue of deemed exports. The competing perspectives on export controls have clearly been manifested in the debate over foreign availability and the control of technology, the efficacy of multilateral control regimes, the licensing process and organization of the export control system, and the economic effects of U.S. export controls. 0000005317 00000 n The EAA is administrated by the Bureau of Industry & Security (formerly known as the Bureau of Export Administration or "BXA") through the Export Administration Regulations ("EAR") (15 CFR Part 732 through Part 774). The actual MTOPS performed by an HPC over a period of time can vary, based on which operations are performed (some can take longer than others or can be performed while other operations are taking place) and the real cycle speed of the computer. The last change to the MTOPS level was in January 2002, when the Bush Administration raised the threshold for HPC exports to Tier 332 countries to 190,000 MTOPS, up from 2,000 MTOPS in 1995.33 (This process of decontrol has had a significant regulatory impact on BIS. Finally, acts may be referred to by a different name, or may have been renamed, the links will take you to the appropriate listing in the table. Data Protection Laws and Regulations means all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data under the Agreement. 0000010159 00000 n To this group, reform should be concerned less with the abilities of U.S. industry to export and more with effective controls placed on potential exports to countries that threaten the security of the United States, terrorists, violators of human rights, and proliferators of weapons of mass destruction. Until recently, the benchmark used for gauging HPC computing performance was a metric known as composite theoretical performance (CTP), measured in millions of theoretical operations per second (MTOPS). Legislation to rewrite and reauthorize the Export Administration Act of 1979 (EAA)(P.L. The aspect that has received the most attention is the establishment of new military end-use controls on 20 product categories consisting of 31 export control classification numbers (ECCN). It also authorizes the President to establish export licensing mechanisms for items detailed on the Commerce Control List (CCL), and it provides some guidance and places certain limits on that authority. Occupational Health and Safety Act means the Occupational Health and Safety Act, 1993 (Act No 85 of 1993); Federal Aviation Act means that portion of the United States Code comprising those provisions formerly referred to as the Federal Aviation Act of 1958, as amended, or any subsequent legislation that amends, supplements or supersedes such provisions. It has also found that BIS has made limited efforts to monitor or to verify compliance with the terms and conditions specified by the export license.60 Reportedly, the difficulty in monitoring the end-use of HPC exports in China has been exacerbated by the close ties that Chinese state owned enterprises have with the Chinese military.61, The United States participates in several multilateral export control regimes. If cooperation or improvements were not forthcoming within a 12-month period from that country, the Administration would be required to designate that country as a Destination of Diversion Concern. But the U.S. wants to act more aggressively and go beyond the parameters being developed by the group of 41 states a cohort that includes Russia established in 1995 to oversee tech used both by the military and civilians. Within 11 days of such an appeal, the EARB must decide by majority vote on the disposition of the application. The final rule is composed of three parts: a new licensing requirement for certain products for military end-use in China, a validated end-user (VEU) program, and a requirement to obtain an end-user statement for certain licensed products. BIS Press Release, January 13, 2009. Currently, foreign policy controls are in place for anti-terrorism, regional stability, crime control, United Nations sanctions purposes, unilateral embargoes and sanctions, and non-proliferation objectives. GovTrack.us is not a government website. the Administration Act means the Social Security Administration Act 1992; Data Protection Acts means Data Protection Act 1988, as amended by the Data Protection (Amendment) Act 2003, and as may be modified, amended, supplemented, consolidated or re- enacted from time to time; Consumer Protection Act means the Consumer Protection Act, No. Congress has not been able to agree on measures to reform the Export Administration Act that regularly have been introduced since the 101st Congress. means the suite of federal regulations concerning export control, including but not limited to 31 CFR 500-599 (Foreign Assets Control Regulations), 15 CFR 730-774 (Export Administration Regulations) and 22 Follow @govtrack on Twitter for posts about legislative activity and other information were tracking, and some commentary. You are reading a bill enacted 15,746 days ago. The benchmark was raised over the years to 190,000 MTOPS and has now been replaced by a new metric, weighted teraflops (WT) (see "High Performance Computers (HPCs)," above). During debates on EAA legislation in the 106th Congress, several senators raised concerns about the possible decontrol of this technology and sought a "carve-out" of hot section and other sensitive technologies that would prevent such items from being decontrolled.43. The issue of evasion of U.S. export controls through the diversion of sensitive goods through transhipment hubs remains of interest to the 111th Congress. These technologically advanced computers can perform multiple, complex digital operations within seconds. 0000095340 00000 n The National Defense Authorization Act of 2001 lowered the notification requirement from 180 to 60 days, H.Rept. It was not a comprehensive overhaul of 1979 EAA, but rather one that addressed penalties, enforcement, and the relation of the United States to multilateral control regimes. 110-96), signed by President Bush on October 16, 2007, raised criminal penalties to $1 million (up from $50,000 previously) or up to 20 years' imprisonment for natural persons, or both. He maintains that the restraint of computer trade is self-defeating because it cedes markets and profits that could be used for R&D.56, Increasing computing speeds combined with networking advances have blurred the distinction between super-computers and commodity computers. April 1, 2003 April 26, 2010 RL31832. The text of the bill below is as of Sep 29, 1979 (Passed Congress). 2581 through sequential referral. Similarly, as one non-proliferation advocate testified regarding EAA legislation in the 106th Congress, the foreign availability criterion would allow the sale of "anything a controlled country can purchase from a rogue buyer."55. 1701-1706, the Trading with the Enemy Act, 50 U.S.C. "50 BIS published a notice of inquiry in May 2008 seeking comment on the scope of technologies on the Commerce Control List subject to deemed export controls and on the criteria used to assess country affiliation for foreign nationals.51 While this inquiry has yet to result in a formal rulemaking, another DEAC recommendation, the Emerging Technologies and Research Advisory Committee (ETRAC) has begun to meet and has been grappling with these issues. However, the Wassenaar Arrangement approved a new standard for calculating computing power in December 2005, which was incorporated into a BIS final rulemaking on April 24, 2006.29 The new standard, called adjusted peak performance (APP), is the "adjusted peak rate at which digital computers perform 64-bit or larger floating point additions and multiplications," and is measured by a metric known as "weighted teraflops"(WT).30 The control level is set at 0.75 WT, a level which BIS states "continues to control high-end proprietary HPCs, such as those used by the Department of Defense and the Department of Energy for advanced research, development, and simulation. The Wisconsin Project also contend that some of these entities' affiliates have run afoul of U.S. proliferation sanctions and export control laws.72 Then BIS Undersecretary Mario Mancuso responded to the report by maintaining that the companies had a "demonstrable history of using U.S. technology in the pastWe know a lot about these companies and know a lot about how they use the technologies they are authorized to receive through VEU.
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