legislation: 103-s-2203
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| 103-s-2203 | 103 | s | 2203 | Export Administration and Enhancement Act of 1994 | Foreign Trade and International Finance | 1994-06-16 | 1994-06-16 | Placed on Senate Legislative Calendar under General Orders. Calendar No. 474. | Senate | Sen. Riegle, Donald W., Jr. [D-MI] | MI | D | R000249 | 0 | TABLE OF CONTENTS: Title I: Export Controls Title II: Environmental Export Promotion Act of 1994 Export Administration and Enhancement Act of 1994 - Title I: Export Controls - Export Administration Act of 1994 - Sets forth congressional findings and policies with respect to export controls on goods and technology. (Sec. 104) Authorizes the Secretary of Commerce (Secretary) to require any type of validated or general license for the export of goods and technology. Declares that authority or permission to export may not be required under this Act except to carry out its export policies. Declares that the President shall direct appropriate agencies to review annually the impact of export control policies. Requires the Secretary to establish a Control List which shall: (1) consist of dual-use goods and technology on which export and reexport controls are imposed under this title; (2) identify countries and end-users within countries to which exports and reexports are controlled; and (3) specify validated license requirements. Requires the Secretary, on the basis of the annual review, to develop U.S. proposals to revise multilateral regime control lists. Requires the Secretary to: (1) seek comments from the public concerning changes to the Control List and keep it apprised of changes in export control policy and procedures with a view to encouraging trade; (2) meet regularly with businesses affected by export controls; and (3) appoint technical advisory committees. Makes the Secretary of Defense primarily responsible for establishing and maintaining the Militarily Critical Technologies List (MCTL), identifying equipment and technologies critical to the design, development, test, production, stockpiling, or use of weapons of mass destruction and other significant military capabilities, including nuclear, biological, and chemical weapons, and manned and unmanned weapons delivery vehicles. (Sec. 105) Authorizes the President to prohibit or curtail the export of any item (commodity, technology or software), and restrict the financing, transporting, or other servicing or transfer facilitation with respect to such export, in order to carry out the policies of this Act. Directs the President to seek U.S. membership in multilateral arrangements for the same purposes. Permits export controls of any such item if it is determined that: (1) such controls are essential to advancing the national security, nonproliferation, or foreign policies of the United States; and (2) like-minded States have agreed with such controls. Directs the Secretary of State, in order to create effective multilateral export controls and strengthen the controls imposed by export control regimes, to pursue negotiations with other members of each such regime to establish a verifiable export control system by regime members. Provides for control implementation, enforcement, sanctions, and statutes of limitations sufficient to deter potential violations. Expresses the sense of the Congress that the Secretary of State should seek to: (1) prevent arms and other sensitive exports to Iran, Iraq, North Korea, Libya, and any other nation certified as supporting international terrorism or contributing to tensions in the Middle East; (2) further the process of engaging countries formerly proscribed by the Coordinating Committee (COCOM) in the establishment of effective export control systems and in combating global proliferation of weapons and sensitive dual-use technology; and (3) close gaps in existing nonproliferation regimes. Requires the Secretary and the Secretaries of State and of Defense to: (1) report biannually to specified congressional committees on their progress toward establishment of a successor regime to the COCOM; and (2) certify to the Congress any establishment of a successor regime that serves U.S. national security interests. Directs the President to determine annually whether the national interest requires termination of unilateral controls or maintenance of them for an additional 12-month period. Prohibits a unilateral control from being imposed, expanded, or extended until the Secretary has reported specified justifications to the Congress. Directs the Secretary of State to continually seek support for unilateral export controls by other countries and by effective multilateral control regimes. Directs the Secretary to place on the Missile Technology Control Regime (MTCR) Annex to the Control List and require a license for the export of: (1) certain dual-use items that would provide a material contribution to missile technology or chemical or biological weapons; and (2) any items that an exporter knows are destined for a project for the design, development, or manufacture of such items, especially in a country that is not an MTCR adherent. Directs the Secretary of State to identify countries that have repeatedly provided support for acts of international terrorism. Prohibits the export or reexport of goods or technologies controlled for national security and nonproliferation reasons to such countries. Requires a license for the export or reexport of such items to such countries not specifically included on the national security and nonproliferation control list, if the Secretary of State has determined an item 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, except with respect to specified countries. Declares it is U.S. policy that no U.S. exporter should be competitively disadvantaged because of export controls unless relief from such controls would create a risk to the national security, nonproliferation, or foreign policy interests of the United States. Authorizes the Secretary, on his or her own initiative or upon petition by any person, to grant 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) competitive disadvantage owing to inconsistent controls by the governments of foreign suppliers. Authorizes the President to impose certain sanctions on foreign suppliers if it is determined that sources of foreign availability are undermining U.S. unilateral or multilateral controls and pose a significant threat to the national security or nonproliferation interests of the United States. Requires the Secretary of State to pursue negotiations with the appropriate foreign countries to eliminate such foreign availability or competitive disadvantage. Directs the Secretary to notify specified congressional committees annually of the status of all relief petitions. Requires the Secretary to publish a list of: (1) parties denied export privileges; (2) parties sanctioned for prohibited proliferation; (3) specially designated nationals under the International Emergency Economic Powers Act; and (4) other parties for whom licenses will be presumptively denied. Declares that this title does not authorize the imposition of export controls on donations of items for humanitarian purposes. Declares that a license shall not be required for spare parts that are exported to replace parts that were in a good that was lawfully exported from the United States. Requires the President to submit to specified congressional committees a report assessing the current and future international market for computer software with encryption. (Sec. 106) 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 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, except under specified conditions. 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. Requires the President, if such controls are imposed, to report on such action to the Congress, which may approve or terminate it. Authorizes the exemption from such short supply limitations of items exported or imported pursuant to a barter agreement. Prohibits the exportation of unprocessed western red cedar logs (Thuja plicata) harvested from Federal or State lands (except in Alaska). (Sec. 107) 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. 108) Specifies procedures for the processing of export license applications, including the screening, referral, approval or denial, and review of such applications. Establishes the Committee on Export Control Policy as an advisory committee. (Sec. 109) Sets forth both civil and criminal penalties for violations of this Act. (Sec. 110) 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 of 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. 111) 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. Sets forth requirements for: (1) nondisclosure 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. 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 non-target countries; and (3) compose not more than 25 percent 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, with respect to unilateral controls, the President may not, except in specified circumstances, prohibit the export or reexport of items in the 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 reexports. (Sec. 112) Requires the President to impose certain sanctions on U.S. or foreign persons who knowingly export, or attempt to export, any missile technology item on the MTCR Annex. (Sec. 113) Requires the President to impose certain sanctions on any foreign person who knowingly and materially contributes to the efforts of any government, project, or entity to use, design, develop, produce or stockpile chemical or biological weapons. (Sec. 115) 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). (Sec. 116) Authorizes appropriations. Title II: Environmental Export Promotion Act of 1994 - Environmental Export Promotion Act of 1994 - Amends the Export Enhancement Act of 1988 to direct the Secretary of Commerce to establish the Environmental Technologies Trade Advisory Committee to advise and guide the Environmental Trade Promotion Working Group in the development and administration of programs to expand U.S. exports of environmental technologies, goods, and services. Requires the Working Group to assess annually which foreign countries have markets with the greatest potential for such exports, and select five of them as priority countries for the application of U.S. Government export promotion resources. Requires the Working Group to create annual plans for each priority country, detailing ways to increase U.S. environmental exports to such country. Directs the Secretary to assign a specialist in environmental technologies to the office of the United States and Foreign Commercial Service in each of the five priority countries, and authorize similar assignments in any countries that are promising markets for such exports. Specifies the duties of such specialists. Requires the Secretary to establish: (1) a mechanism to give environmental technology and international environmental marketplace training to Commercial Service Officers assigned to one-stop shops and to district offices in districts with large numbers of environmental businesses; and (2) ensure that such officers receive appropriate training under such mechanism. Directs the Trade Promotion Coordinating Committee (TPCC) to establish not less than one international regional environmental initiative to coordinate Federal activities to build environmental partnerships between the United States and the geographic region outside the United States for which such an initiative is established. Specifies TPCC activities in carrying out such initiative. Directs the Working Group to maintain an environmental technologies project advocacy calendar, updated quarterly, identifying and providing information on significant project opportunities for U.S. environmental businesses in foreign markets and trade promotion events. Authorizes the Secretary to provide matching funds for the establishment in the United States of regional environmental business and technology cooperation centers that will draw upon the expertise of the private sector, institutions of higher education, and existing Federal programs to provide export promotion assistance related to environmental technologies, goods, and services. | 2025-08-26T13:50:12Z |