legislation: 103-s-1902
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| 103-s-1902 | 103 | s | 1902 | Export Administration Act of 1994 | Foreign Trade and International Finance | 1994-03-08 | 1994-03-08 | Read twice and referred to the Committee on Banking. | Senate | Sen. Riegle, Donald W., Jr. [D-MI] | MI | D | R000249 | 1 | Export Administration Act of 1994 - Sets forth congressional findings and policies with respect to export controls on goods and technology. (Sec. 4) Authorizes the Secretary of Commerce (Secretary) to require a general license for the export of goods and technology. Requires the Secretary to establish a Munitions (Control List) containing license requirements for the export of such items. Requires the Secretary of Defense to bear primary responsibility for establishing the Military Critical Technologies List (MCTL) to identify equipment and technologies critical to design, development, production, or use of weapons of mass destruction, including nuclear, biological and chemical weapons, and manned and unmanned vehicles capable of delivering such weapons. Declares that authority or permission to export may not be required under this Act, except to carry out the export policies of this Act. Requires the Secretary to: (1) keep the public apprised of changes in export control policy and procedures with a view to encouraging trade and, upon the request of an industry affected by such controls; and (2) appoint technical advisory committees. (Sec. 5) Authorizes the President to prohibit or curtail the export of weapons of mass destruction if it is determined that: (1) such controls essential to advancing the nonproliferation, national security, or foreign policies of the United States; and (2) either like-minded States have agreed with such controls or such controls are in the U.S. national interest and their objective cannot be obtained by other means. Requires the Secretary to keep the Congress apprised of changes in U.S. export control policy or procedure. Urges the Secretary of State to seek multilateral arrangements with foreign countries that secure the achievement of the nonproliferation of weapons of mass destruction and, in so doing, also establish fairer and more predictable competitive opportunities for U.S. exporters. Specifies standards for the establishment of multilateral control regimes. Requires the Secretary of State to seek support for unilateral controls of such weapons by other foreign countries and effective multilateral control regimes. Requires the Secretary of State to negotiate with member countries of the Coordinating Committee (CoCom), the Missile Technology Control Regime (MTCR), the Australia Group, the Nuclear Suppliers' Group, and other regimes to obtain their cooperation in restricting the export of weapons of mass destruction. Directs the Secretary to require a license for the export of: (1) certain dual use items and other items that would provide a material contribution to missile technology or chemical and biological weapons; and (2) any items that an exporter knows are destined for a project for the design, development, or manufacture of such items. Requires a license for the export of such items to a country if the Secretary of State has determined: (1) such country supports acts of terrorism; and (2) the export of such items could contribute to the military potential of such country, or enhance its ability to support such terrorism. Requires a license for the export of crime control and detection equipment, with specified exceptions. Declares it is U.S. policy that no U.S. exporter should be commercially disadvantaged because of export controls unless relief from such controls would create a risk to the foreign policy, nonproliferation, or national security interests of the United States. Authorizes a person to petition the Secretary for relief from such controls on grounds of: (1) foreign availability of an item from non-U.S. sources, thereby rendering license requirements ineffective in achieving control purposes; (2) ineffective controls; or (3) commercial disadvantage. Sets forth provisions for the relief of items controlled by CoCom. Directs the Secretry to annually notify specified congressional committees of the status of all relief petitions. Requires export controls unilaterally imposed by the United States for purposes adopted by CoCom to expire six months after enactment of ths Act, or six months after such control is imposed, whichever date is later, with specified exemptions. Requires the Secretary to publish: (1) parties denied export privileges; (2) parties sanctioned for prohibited proliferation; (3) specially designated nationals under the International Emergency Economic Powers Act, as amended; and (4) other parties for whom licenses will be presumptively denied. Declares that the identity of such parties is not subject to disclosure under the Freedom of Information Act (FOIA). (Sec. 6) Authorizes the President to prohibit or impose quantitative restrictions on the export of goods and technology that are domestically in short supply. Directs the Secretary to monitor exports, and contracts for exports, of goods in cases where 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 increase or shortage has, or may have, a serious adverse impact on the economy. Prohibits the export of Alaskan North Slope oil with specified exceptions. Prohibits the President from imposing quantitative restrictions based on short supply controls on agricultural commodities (including fats and oils or animal hides or skins) without the approval of the Secretary of Agriculture. Prohibits such approval during any period when supply is in excess of domestic consumption, except to the extent the President determines such imposition is necessary to protect national security and foreign policy interests of the United States, or to fulfill U.S. international commitments. Requires the President, if such control are imposed, to report on such action to the Congress. Limits the duration of such controls to no more than one year. Authorizes the exemption from such quantitative limitations items exported or imported pursuant to a barter agreement. Prohibits the exportation of unprocessed western red logs (Thuja plicata) harvested from State (except Alaska) or Federal lands. Declares that shipments of crude oil and refined and partially refined petroleum products for use by the Department of Defense or U.S.-supported installations shall not, for purposes of export controls on Alaskan North Slope oil, be considered to be exports. (Sec. 7) 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 that is friendly to the United States and that is not itself the object of a U.S. boycott. (Sec. 8) Specifies procedures for the processing of export license applications, including the screening, referral, approval or denial, and review of such applications. (Sec. 9) Sets forth both civil and criminal penalties for violations committed under this Act. (Sec. 10) Makes the Secretary responsible for providing policy guidance on the enforcement of this Act. Sets forth requirements with respect to: (1) the forfeiture of goods and tangible items lawfully seized by the United States for violations committed under this Act; (2) undercover investigative operations of the Office of Export Enforcement of the Department of Commerce; and (3) a financial audit and report to the Congress on each undercover investigative operation. (Sec. 11) Directs the President to appoint, by and with the advice and consent of the Senate, an Under Secretary of Commerce for Export Administration who shall perform all functions of the Secretary under this Act. Authorizes the Secretary to issue regulations to implement this Act. Sets forth requirements for: (1) non-disclosure of confidential information; (2) disclosure of information to the Congress and the General Accounting Office (GAO); (3) penalties for disclosure of confidential information; and (4) public opportunity for comment on regulations imposing export controls. Requires the Secretary to establish a Control List containing items which require a license for export to designated countries. Authories the Secretary to participate in the education and training of officials from other countries on the principles and procedures for the implementation of effective export controls. Declares that an export license may not be required for the export of a commodity solely because it contains parts or components subject to export control if such parts or components: (1) are essential to the functioning of the good; (2) are customarily included in the sales of the item in countries other than target countries; and (3) comprise 25 percent or less of the total value of the good, unless the good itself would make a significant contribution to the military or proliferation potential of a target country or end user which would prove detrimental to U.S. national security. Declares that no authority may be required for certain reexports of foreign-made items incorporating U.S. items. Declares that this Act does not authorize export controls on: (1) medical instruments and equipment; (2) medicine or medical supplies; or (3) donations of items intended to meet basic human needs, including food, educational materials, seeds, hand tools, water resources equipment, clothing and shelter materials, and basic household supplies. Declares that, with respect to unilateral controls, the President may not, except in specified circumstances, prohibit the export or reexport of items in performance of a contract entered into, or under a validated license issued, before the effective date of such controls, or the date on which the President reports to the Congress on the intention to impose controls on such exports or reports. (Sec. 12A) Requires the President to determine whether any foreign person has knowingly contributed to the efforts of any government, group, entity, or project to use, design, develop, produce, or stockpile chemical or biological weapons or missiles. Requires the President, in the event of different specified affirmative determinations, to impose certain sanctions on such person, including: (1) denial of an export license; (2) denial of Government procurement contracts; (3) termination of U.S. foreign assistance (except for humanitarian assistance); (4) termination of the financing of arms and arms sales; (5) denial of U.S. financial assistance and multilateral development bank assistance; (6) prohibition on exports of national security-sensitive items; (7) imposition of export and import restrictions; (8) suspension of diplomatic relations; and (9) denial of air landing rights. (Sec. 12B) Amends the Arms Export Control Act to provide for such sanctions. (Sec. 15) Prohibits items from being included on both the Control List and the United States Munitions List. Requires the Department of State to resolve conflicting claims of jurisdiction between such lists in a timely fashion. Amends the International Emergency Economic Powers Act to prohibit public disclosure, except in the national interest, of confidential information connected with the authorization to export goods and technology (including export licenses and multilateral agreements to export). Declares that any product which is standard Federal Aviation Administration (FAA) certified equipment in aircraft and which is exported to a noncontrolled country shall be subject exclusively to the export controls under this Act. (Sec. 16) Authorizes appropriations. | 2025-08-26T13:50:01Z |