SUMMARY AS OF:
10/8/1999--Introduced.
TABLE OF CONTENTS:
- Title I: General Authority
- Title II: National Security Export controls
- Subtitle A: Authority and Procedures
- Subtitle B: Foreign Availability and Mass-Market Status
- Title III: Foreign Policy Export Controls
- Title IV: Exemption for Agricultural Commodities, Medicine, and Medical
Supplies
- Title V: Procedures for Export Licenses and Interagency Dispute Resolution
- Title VI: International Arrangements; Foreign Boycotts; Sanctions; and
Enforcement
- Title VII: Export Control Authority and Regulations
- Title VIII: Miscellaneous Provisions
Export Administration Act of 1999 - Title I: General Authority -
Directs the Secretary of Commerce to establish a Commerce Control List.
Specifies the kinds of export licenses the Secretary may require with respect to
the export of an item on the Control List. Provides, under specified
circumstances, that a license shall not be required for the export of
after-market service or replacement parts.
(Sec. 103) Requires the Secretary to keep the public fully informed of
changes in export control policy and procedures and to consult regularly with
persons affected by export controls to obtain their views on U.S. export control
policy and the foreign availability or mass-market status of controlled items.
(Sec. 105) Authorizes the Secretary to appoint export advisory committees
with respect to items upon which export controls have been imposed.
(Sec. 106) Prohibits the charging of a fee for processing an export license
application under this Act.
Title II: National Security Export Controls - Subtitle A: Authority
and Procedures - Authorizes the President to prohibit, curtail, or require a
license, or other authorization for the export of an item subject to the
national security export control regimes under this Act. Sets forth the purposes
of such controls, including to restrict the export of items (including weapons
of mass destruction) that would contribute to the military potential of
countries so as to be detrimental to the national security of the United States.
(Sec. 202) Requires the Secretary of Commerce to establish as part of the
Control List a National Security Control List.
(Sec. 203) Requires the President to establish, based on certain risk
factors, a country tiering system (tier one being the lowest risk and tier five
being the highest risk of diversion or misuse of an item) with respect to the
control of items for national security purposes under this Act.
(Sec. 204) Prohibits the imposition of export controls on an item solely
because it contains controlled parts or components (that are essential to the
functioning of the item and comprise 25 percent or less of the item's total
value) unless the item itself, if exported, would by virtue of its
characteristics as a whole make a significant contribution to the military or
proliferation potential of a controlled country or end user which would prove
detrimental to the national security of the United States. Provides that no
authority may be required to reexport to a non-terrorist supporting country an
item that is produced in a country other than the United States and incorporates
controlled parts or components if the value of the controlled U.S. content
produced in such other country is 25 percent or less of the item's total value.
Sets forth similar requirements for the reexport of such items to terrorist
supporting countries.
(Sec. 205) Directs the Secretary of Commerce to establish a process for
interested persons to petition to change the status of an item on the National
Security Control List.
Subtitle B: Foreign Availability and Mass-Market Status - Requires the
Secretary of Commerce (on a continuing basis, upon a request from the Office of
Technology Evaluation, or upon receipt of a petition filed by an interested
party) to review and determine the foreign availability and the mass-market
status of any item for export controlled under this Act. Requires the Secretary
of Commerce to establish a process for an interested party to petition the
Secretary of Commerce for a determination that an item has a foreign
availability (available to controlled countries from sources outside the United
States) or mass-market status (produced and available for sale in a large volume
to multiple potential purchasers). Sets forth criteria for determining foreign
availability and mass-market status (including criteria for presidential set
aside of such status determinations and maintenance or re-imposition of export
controls).
(Sec. 214) Directs the Secretary of Commerce to establish in the Department
of Commerce (DOC) an Office of Technology Evaluation responsible for gathering
and analyzing all necessary information for the Secretary of Commerce to make
determinations of foreign availability and mass-market status.
Title III: Foreign Policy Export Controls - Authorizes the President,
subject to specified exceptions, to prohibit, curtail, or require a license,
other authorization, recordkeeping, or reporting for the export of an item
subject to the foreign policy export control regimes under this Act. Sets forth
certain requirements for the imposition, review, renewal, and termination of
such controls.
(Sec. 310) Requires a license for the export to a terrorist-supporting
country of any item that could make a significant contribution to the military
potential of such country, or could enhance its ability to support acts of
international terrorism. Requires the Secretary of Commerce and the Secretary of
State to notify specified congressional committees at least 30 days before
issuing such a license.
Title IV: Exemption for Agricultural Commodities, Medicine, and Medical
Supplies - Exempts agricultural commodities, medicine, and medical supplies
from the foreign policy export controls imposed under this Act, except for any
such items that are subject to the national security export controls of this
Act, or would otherwise be exported to a country against which an embargo is in
effect under the Trading With the Enemy Act.
Title V: Procedures for Export Licenses and Interagency Dispute
Resolution - Sets forth procedures for the processing of export license
applications, including the screening, referral, approval or denial, and review
of such applications. Requires referral to the interagency dispute resolution
process of all such applications on which agreement cannot be reached.
Title VI: International Arrangements; Foreign Boycotts; Sanctions; and
Enforcement - Declares it is the policy of the United States to seek
multilateral arrangements, and to continue to participate in existing and
additional multilateral export control regimes, that: (1) support the national
security interests of the United States; and (2) establish fairer and more
predictable competitive opportunities for U.S. exporters. Requires the President
to report annually to specified congressional committees evaluating the
effectiveness of each multilateral export control regime.
(Sec. 602) Directs the President to issue regulations that prohibit, with
specified exceptions, U.S. persons from supporting any boycott imposed by a
foreign country against a country friendly to the United States that is not
itself the object of a U.S. boycott.
(Sec. 603) Sets forth both civil and criminal penalties for violations of
this Act.
(Sec. 604) Provides, with specified exceptions, for the imposition of certain
sanctions against U.S. and foreign persons who violate a multilateral export
control regime or missile proliferation control regime, or contribute to the
efforts of a country to develop or acquire chemical and biological weapons.
Authorizes the President to waive such sanctions.
(Sec. 607) Sets forth authorities for the enforcement of this Act. Authorizes
appropriations for DOC to: (1) hire 20 additional employees to assist U.S.
freight forwarders and other interested parties in developing and implementing a
"best practices" program to ensure that exports of controlled items are in
compliance with this Act; (2) hire ten additional overseas investigators to be
posted in China, the Russian Federation, the Hong Kong Special Administrative
Region, India, Singapore, Egypt, and Taiwan to verify the end use of high-risk,
dual-use technology; and (3) replace DOC's primary export licensing and computer
enforcement system with a new computer system. Requires the DOC to report
annually to Congress on export controls, including a report on the effectiveness
of such end-use verification activities.
(Sec. 608) Sets forth administrative procedures with respect to the
imposition of civil penalties and sanctions, including their review, under this
Act.
Title VII: Export Control Authority and Regulations - Declares that
all power, authority, and discretion conferred by this Act with respect to
export control functions shall be exercised by the Secretary of Commerce.
(Sec. 701) Directs the President to appoint an Under Secretary of Commerce
for Export Administration who shall perform all functions of the Secretary of
Commerce under this Act and other Federal laws relating to national security.
(Sec. 702) Sets forth requirements for: (1) non-disclosure of confidential
information; (2) authorized disclosure of information to Congress and the
General Accounting Office; and (3) penalties for unauthorized disclosure of
confidential information.
Title VIII: Miscellaneous Provisions - Sets forth certain reporting
and notification requirements with respect to the administration of this Act.