8 April 1997

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
  January 16, 1996 and August 28, 1996]
[CITE: 50USC--App.2405]


              TITLE 50, APPENDIX--WAR AND NATIONAL DEFENSE

                            EXPORT REGULATION

Sec. 2405. Foreign policy controls

(a) Authority

    (1) In order to carry out the policy set forth in paragraph (2)(B),
(7), (8), or (13) of section 3 of this Act [section 2402(2)(B), (7),
(8), or (13) of this Appendix], the President may prohibit or curtail
the exportation of any goods, technology, or other information subject
to the jurisdiction of the United States or exported by any person
subject to the jurisdiction of the United States, to the extent
necessary to further significantly the foreign policy of the United
States or to fulfill its declared international obligations. The
authority granted by this subsection shall be exercised by the
Secretary, in consultation with the Secretary of State, the Secretary of
Defense, the Secretary of Agriculture, the Secretary of the Treasury,
the United States Trade Representative, and such other departments and
agencies as the Secretary considers appropriate, and shall be
implemented by means of export licenses issued by the Secretary.
    (2) Any export control imposed under this section shall apply to any
transaction or activity undertaken with the intent to evade that export
control, even if that export control would not otherwise apply to that
transaction or activity.
    (3) Export controls maintained for foreign policy purposes shall
expire on December 31, 1979, or one year after imposition, whichever is
later, unless extended by the President in accordance with subsections
(b) and (f). Any such extension and any subsequent extension shall not
be for a period of more than one year.
    (4) Whenever the Secretary denies any export license under this
subsection, the Secretary shall specify in the notice to the applicant
of the denial of such license that the license was denied under the
authority contained in this subsection, and the reasons for such denial,
with reference to the criteria set forth in subsection (b) of this
section. The Secretary shall also include in such notice what, if any,
modifications in or restrictions on the goods or technology for which
the license was sought would allow such export to be compatible with
controls implemented under this section, or the Secretary shall indicate
in such notice which officers and employees of the Department of
Commerce who are familiar with the application will be made reasonably
available to the applicant for consultation with regard to such
modifications or restrictions, if appropriate.
    (5) In accordance with the provisions of section 10 of this Act
[section 2409 of this Appendix], the Secretary of State shall have the
right to review any export license application under this section which
the Secretary of State requests to review.
    (6) Before imposing, expanding, or extending export controls under
this section on exports to a country which can use goods, technology, or
information available from foreign sources and so incur little or no
economic costs as a result of the controls, the President should,
through diplomatic means, employ alternatives to export controls which
offer opportunities of distinguishing the United States from, and
expressing the displeasure of the United States with, the specific
actions of that country in response to which the controls are proposed.
Such alternatives include private discussions with foreign leaders,
public statements in situations where private diplomacy is unavailable
or not effective, withdrawal of ambassadors, and reduction of the size
of the diplomatic staff that the country involved is permitted to have
in the United States.

(b) Criteria

    (1) Subject to paragraph (2) of this subsection, the President may
impose, extend, or expand export controls under this section only if the
President determines that--
        (A) such controls are likely to achieve the intended foreign
    policy purpose, in light of other factors, including the
    availability from other countries of the goods or technology
    proposed for such controls, and that foreign policy purpose cannot
    be achieved through negotiations or other alternative means;
        (B) the proposed controls are compatible with the foreign policy
    objectives of the United States and with overall United States
    policy toward the country to which exports are to be subject to the
    proposed controls;
        (C) the reaction of other countries to the imposition,
    extension, or expansion of such export controls by the United States
    is not likely to render the controls ineffective in achieving the
    intended foreign policy purpose or to be counterproductive to United
    States foreign policy interests;
        (D) the effect of the proposed controls on the export
    performance of the United States, the competitive position of the
    United States in the international economy, the international
    reputation of the United States as a supplier of goods and
    technology, or on the economic well-being of individual United
    States companies and their employees and communities does not exceed
    the benefit to United States foreign policy objectives; and
        (E) the United States has the ability to enforce the proposed
    controls effectively.

    (2) With respect to those export controls in effect under this
section on the date of the enactment of the Export Administration
Amendments Act of 1985 [July 12, 1985], the President, in determining
whether to extend those controls, as required by subsection (a)(3) of
this section, shall consider the criteria set forth in paragraph (1) of
this subsection and shall consider the foreign policy consequences of
modifying the export controls.

(c) Consultation with industry

    The Secretary in every possible instance shall consult with and seek
advice from affected United States industries and appropriate advisory
committees established under section 135 of the Trade Act of 1974 [19
U.S.C. 2155] before imposing any export control under this section. Such
consultation and advice shall be with respect to the criteria set forth
in subsection (b)(1) and such other matters as the Secretary considers
appropriate.

(d) Consultation with other countries

    When imposing export controls under this section, the President
shall, at the earliest appropriate opportunity, consult with the
countries with which the United States maintains export controls
cooperatively, and with such other countries as the President considers
appropriate, with respect to the criteria set forth in subsection (b)(1)
and such other matters as the President considers appropriate.

(e) Alternative means

    Before resorting to the imposition of export controls under this
section, the President shall determine that reasonable efforts have been
made to achieve the purposes of the controls through negotiations or
other alternative means.

(f) Consultation with Congress

    (1) The President may impose or expand export controls under this
section, or extend such controls as required by subsection (a)(3) of
this section, only after consultation with the Congress, including the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
    (2) The President may not impose, expand, or extend export controls
under this section until the President has submitted to the Congress a
report--
        (A) specifying the purpose of the controls;
        (B) specifying the determinations of the President (or, in the
    case of those export controls described in subsection (b)(2), the
    considerations of the President) with respect to each of the
    criteria set forth in subsection (b)(1), the bases for such
    determinations (or considerations), and any possible adverse foreign
    policy consequences of the controls;
        (C) describing the nature, the subjects, and the results of, or
    the plans for, the consultation with industry pursuant to subsection
    (c) and with other countries pursuant to subsection (d);
        (D) specifying the nature and results of any alternative means
    attempted under subsection (e), or the reasons for imposing,
    expanding, or extending the controls without attempting any such
    alternative means; and
        (E) describing the availability from other countries of goods or
    technology comparable to the goods or technology subject to the
    proposed export controls, and describing the nature and results of
    the efforts made pursuant to subsection (h) to secure the
    cooperation of foreign governments in controlling the foreign
    availability of such comparable goods or technology.

Such report shall also indicate how such controls will further
significantly the foreign policy of the United States or will further
its declared international obligations.
    (3) To the extent necessary to further the effectiveness of the
export controls, portions of a report required by paragraph (2) may be
submitted to the Congress on a classified basis, and shall be subject to
the provisions of section 12(c) of this Act [section 2411(c) of this
Appendix]. Each such report shall, at the same time it is submitted to
the Congress, also be submitted to the General Accounting Office for the
purpose of assessing the report's full compliance with the intent of
this subsection.
    (4) In the case of export controls under this section which prohibit
or curtail the export of any agricultural commodity, a report submitted
pursuant to paragraph (2) shall be deemed to be the report required by
section 7(g)(3)(A) of this Act [section 2406(g)(3)(A) of this Appendix].
    (5) In addition to any written report required under this section,
the Secretary, not less frequently than annually, shall present in oral
testimony before the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Foreign Affairs of the House of
Representatives a report on policies and actions taken by the Government
to carry out the provisions of this section.

(g) Exclusion for medicine and medical supplies and for certain food
        exports

    This section does not authorize export controls on medicine or
medical supplies. This section also does not authorize export controls
on donations of goods (including, but not limited to, food, educational
materials, seeds and hand tools, medicines and medical supplies, water
resources equipment, clothing and shelter materials, and basic household
supplies) that are intended to meet basic human needs. Before export
controls on food are imposed, expanded, or extended under this section,
the Secretary shall notify the Secretary of State in the case of export
controls applicable with respect to any developed country and shall
notify the Director of the United States International Development
Cooperation Agency in the case of export controls applicable with
respect to any developing country. The Secretary of State with respect
to developed countries, and the Director with respect to developing
countries, shall determine whether the proposed export controls on food
would cause measurable malnutrition and shall inform the Secretary of
that determination. If the Secretary is informed that the proposed
export controls on food would cause measurable malnutrition, then those
controls may not be imposed, expanded, or extended, as the case may be,
unless the President determines that those controls are necessary to
protect the national security interests of the United States, or unless
the President determines that arrangements are insufficient to ensure
that the food will reach those most in need. Each such determination by
the Secretary of State or the Director of the United States
International Development Cooperation Agency, and any such determination
by the President, shall be reported to the Congress, together with a
statement of the reasons for that determination. It is the intent of
Congress that the President not impose export controls under this
section on any goods or technology if he determines that the principal
effect of the export of such goods or technology would be to help meet
basic human needs. This subsection shall not be construed to prohibit
the President from imposing restrictions on the export of medicine or
medical supplies or of food under the International Emergency Economic
Powers Act [50 U.S.C 1701 et seq.]. This subsection shall not apply to
any export control on medicine, medical supplies, or food, except for
donations, which is in effect on the date of the enactment of the Export
Administration Amendments Act of 1985 [July 12, 1985]. Notwithstanding
the preceding provisions of this subsection, the President may impose
export controls under this section on medicine, medical supplies, food,
and donations of goods in order to carry out the policy set forth in
paragraph (13) of section 3 of this Act [section 2402(13) of this
Appendix].

(h) Foreign availability

    (1) In applying export controls under this section, the President
shall take all feasible steps to initiate and conclude negotiations with
appropriate foreign governments for the purpose of securing the
cooperation of such foreign governments in controlling the export to
countries and consignees to which the United States export controls
apply of any goods or technology comparable to goods or technology
controlled under this section.
    (2) Before extending any export control pursuant to subsection
(a)(3) of this section, the President shall evaluate the results of his
actions under paragraph (1) of this subsection and shall include the
results of that evaluation in his report to the Congress pursuant to
subsection (f) of this section.
    (3) If, within 6 months after the date on which export controls
under this section are imposed or expanded, or within 6 months after the
date of the enactment of the Export Administration Amendments Act of
1985 [July 12, 1985] in the case of export controls in effect on such
date of enactment, the President's efforts under paragraph (1) are not
successful in securing the cooperation of foreign governments described
in paragraph (1) with respect to those export controls, the Secretary
shall thereafter take into account the foreign availability of the goods
or technology subject to the export controls. If the Secretary
affirmatively determines that a good or technology subject to the export
controls is available in sufficient quantity and comparable quality from
sources outside the United States to countries subject to the export
controls so that denial of an export license would be ineffective in
achieving the purposes of the controls, then the Secretary shall, during
the period of such foreign availability, approve any license application
which is required for the export of the good or technology and which
meets all requirements for such a license. The Secretary shall remove
the good or technology from the list established pursuant to subsection
(l) of this section if the Secretary determines that such action is
appropriate.
    (4) In making a determination of foreign availability under
paragraph (3) of this subsection, the Secretary shall follow the
procedures set forth in section 5(f)(3) of this Act [section 2404(f)(3)
of this Appendix].

(i) International obligations

    The provisions of subsections (b), (c), (d), (e), (g), and (h) shall
not apply in any case in which the President exercises the authority
contained in this section to impose export controls, or to approve or
deny export license applications, in order to fulfill obligations of the
United States pursuant to treaties to which the United States is a party
or pursuant to other international agreements.

(j) Countries supporting international terrorism

    (1) A validated license shall be required for the export of goods or
technology to a country if the Secretary of State has made the following
determinations:
        (A) The government of such country has repeatedly provided
    support for acts of international terrorism.
        (B) The export of such goods or technology could make a
    significant contribution to the military potential of such country,
    including its military logistics capability, or could enhance the
    ability of such country to support acts of international terrorism.

    (2) The Secretary and the Secretary of State shall notify the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs and the Committee on
Foreign Relations of the Senate at least 30 days before issuing any
validated license required by paragraph (1).
    (3) Each determination of the Secretary of State under paragraph
(1)(A), including each determination in effect on the date of the
enactment of the Antiterrorism and Arms Export Amendments Act of 1989
[Dec. 12, 1989], shall be published in the Federal Register.
    (4) A determination made by the Secretary of State under paragraph
(1)(A) may not be rescinded unless the President submits to the Speaker
of the House of Representatives and the chairman of the Committee on
Banking, Housing, and Urban Affairs and the chairman of the Committee on
Foreign Relations of the Senate--
        (A) before the proposed rescission would take effect, a report
    certifying that--
            (i) there has been a fundamental change in the leadership
        and policies of the government of the country concerned;
            (ii) that government is not supporting acts of international
        terrorism; and
            (iii) that government has provided assurances that it will
        not support acts of international terrorism in the future; or

    (B) at least 45 days before the proposed rescission would take
effect, a report justifying the rescission and certifying that--
        (i) the government concerned has not provided any support for
    international terrorism during the preceding 6-month period; and
        (ii) the government concerned has provided assurances that it
    will not support acts of international terrorism in the future.

    (5) The Secretary and the Secretary of State shall include in the
notification required by paragraph (2)--
        (A) a detailed description of the goods or services to be
    offered, including a brief description of the capabilities of any
    article for which a license to export is sought;
        (B) the reasons why the foreign country or international
    organization to which the export or transfer is proposed to be made
    needs the goods or services which are the subject of such export or
    transfer and a description of the manner in which such country or
    organization intends to use such articles, services, or design and
    construction services;
        (C) the reasons why the proposed export or transfer is in the
    national interest of the United States;
        (D) an analysis of the impact of the proposed export or transfer
    on the military capabilities of the foreign country or international
    organization to which such export or transfer would be made;
        (E) an analysis of the manner in which the proposed export would
    affect the relative military strengths of countries in the region to
    which the goods or services which are the subject of such export
    would be delivered and whether other countries in the region have
    comparable kinds and amounts of articles, services, or design and
    construction services; and
        (F) an analysis of the impact of the proposed export or transfer
    on the United States relations with the countries in the region to
    which the goods or services which are the subject of such export
    would be delivered.

(k) Negotiations with other countries

          (1) Countries participating in certain agreements

        The Secretary of State, in consultation with the Secretary, the
    Secretary of Defense, and the heads of other appropriate departments
    and agencies, shall be responsible for conducting negotiations with
    those countries participating in the groups known as the
    Coordinating Committee, the Missile Technology Control Regime, the
    Australia Group, and the Nuclear Suppliers' Group, regarding their
    cooperation in restricting the export of goods and technology in
    order to carry out--
            (A) the policy set forth in section 3(2)(B) of this Act
        [section 2402(2)(B) of this Appendix], and
            (B) United States policy opposing the proliferation of
        chemical, biological, nuclear, and other weapons and their
        delivery systems, and effectively restricting the export of dual
        use components of such weapons and their delivery systems, in
        accordance with this subsection and subsections (a) and (l).

    Such negotiations shall cover, among other issues, which goods and
    technology should be subject to multilaterally agreed export
    restrictions, and the implementation of the restrictions consistent
    with the principles identified in section 5(b)(2)(C) of this Act
    [section 2404(b)(2)(C) of this Appendix].

                         (2) Other countries

        The Secretary of State, in consultation with the Secretary, the
    Secretary of Defense, and the heads of other appropriate departments
    and agencies, shall be responsible for conducting negotiations with
    countries and groups of countries not referred to in paragraph (1)
    regarding their cooperation in restricting the export of goods and
    technology consistent with purposes set forth in paragraph (1). In
    cases where such negotiations produce agreements on export
    restrictions that the Secretary, in consultation with the Secretary
    of State and the Secretary of Defense, determines to be consistent
    with the principles identified in section 5(b)(2)(C) of this Act
    [section 2404(b)(2)(C) of this Appendix], the Secretary may treat
    exports, whether by individual or multiple licenses, to countries
    party to such agreements in the same manner as exports are treated
    to countries that are MTCR adherents.

                    (3) Review of determinations

        The Secretary shall annually review any determination under
    paragraph (2) with respect to a country. For each such country which
    the Secretary determines is not meeting the requirements of an
    effective export control system in accordance with section
    5(b)(2)(C) [section 2404(b)(2)(C) of this Appendix], the Secretary
    shall restrict or eliminate any preferential licensing treatment for
    exports to that country provided under this subsection.

(l) Missile technology

                (1) Determination of controlled items

        The Secretary, in consultation with the Secretary of State, the
    Secretary of Defense, and the heads of other appropriate departments
    and agencies--
            (A) shall establish and maintain, as part of the control
        list established under this section, a list of all dual use
        goods and technology on the MTCR Annex; and
            (B) may include, as part of the control list established
        under this section, goods and technology that would provide a
        direct and immediate impact on the development of missile
        delivery systems and are not included in the MTCR Annex but
        which the United States is proposing to the other MTCR adherents
        to have included in the MTCR Annex.

          (2) Requirement of individual validated licenses

        The Secretary shall require an individual validated license
    for--
            (A) any export of goods or technology on the list
        established under paragraph (1) to any country; and
            (B) any export of goods or technology that the exporter
        knows is destined for a project or facility for the design,
        development, or manufacture of a missile in a country that is
        not an MTCR adherent.

                  (3) Policy of denial of licenses

        (A) Licenses under paragraph (2) should in general be denied if
    the ultimate consignee of the goods or technology is a facility in a
    country that is not an adherent to the Missile Technology Control
    Regime and the facility is designed to develop or build missiles.
        (B) Licenses under paragraph (2) shall be denied if the ultimate
    consignee of the goods or technology is a facility in a country the
    government of which has been determined under subsection (j) to have
    repeatedly provided support for acts of international terrorism.

               (4) Consultation with other departments

        (A) A determination of the Secretary to approve an export
    license under paragraph (2) for the export of goods or technology to
    a country of concern regarding missile proliferation may be made
    only after consultation with the Secretary of Defense and the
    Secretary of State for a period of 20 days. The countries of concern
    referred to in the preceding sentence shall be maintained on a
    classified list by the Secretary of State, in consultation with the
    Secretary and the Secretary of Defense.
        (B) Should the Secretary of Defense disagree with the
    determination of the Secretary to approve an export license to which
    subparagraph (A) applies, the Secretary of Defense shall so notify
    the Secretary within the 20 days provided for consultation on the
    determination. The Secretary of Defense shall at the same time
    submit the matter to the President for resolution of the dispute.
    The Secretary shall also submit the Secretary's recommendation to
    the President on the license application.
        (C) The President shall approve or disapprove the export license
    application within 20 days after receiving the submission of the
    Secretary of Defense under subparagraph (B).
        (D) Should the Secretary of Defense fail to notify the Secretary
    within the time period prescribed in subparagraph (B), the Secretary
    may approve the license application without awaiting the
    notification by the Secretary of Defense. Should the President fail
    to notify the Secretary of his decision on the export license
    application within the time period prescribed in subparagraph (C),
    the Secretary may approve the license application without awaiting
    the President's decision on the license application.
        (E) Within 10 days after an export license is issued under this
    subsection, the Secretary shall provide to the Secretary of Defense
    and the Secretary of State the license application and accompanying
    documents issued to the applicant, to the extent that the relevant
    Secretary indicates the need to receive such application and
    documents.

                       (5) Information sharing

        The Secretary shall establish a procedure for information
    sharing with appropriate officials of the intelligence community, as
    determined by the Director of Central Intelligence, and other
    appropriate Government agencies, that will ensure effective
    monitoring of transfers of MTCR equipment or technology and other
    missile technology.

(m) Chemical and biological weapons

                      (1) Establishment of list

        The Secretary, in consultation with the Secretary of State, the
    Secretary of Defense, and the heads of other appropriate departments
    and agencies, shall establish and maintain, as part of the list
    maintained under this section, a list of goods and technology that
    would directly and substantially assist a foreign government or
    group in acquiring the capability to develop, produce, stockpile, or
    deliver chemical or biological weapons, the licensing of which would
    be effective in barring acquisition or enhancement of such
    capability.

               (2) Requirement for validated licenses

        The Secretary shall require a validated license for any export
    of goods or technology on the list established under paragraph (1)
    to any country of concern.

                      (3) Countries of concern

        For purposes of paragraph (2), the term ``country of concern''
    means any country other than--
            (A) a country with whose government the United States has
        entered into a bilateral or multilateral arrangement for the
        control of goods or technology on the list established under
        paragraph (1); and
            (B) such other countries as the Secretary of State, in
        consultation with the Secretary and the Secretary of Defense,
        shall designate consistent with the purposes of the Chemical and
        Biological Weapons Control and Warfare Elimination Act of 1991
        [22 U.S.C. 5601 et seq.].

(n) Crime control instruments

    (1) Crime control and detection instruments and equipment shall be
approved for export by the Secretary only pursuant to a validated export
license. Notwithstanding any other provision of this Act [sections 2401
to 2420 of this Appendix]--
        (A) any determination of the Secretary of what goods or
    technology shall be included on the list established pursuant to
    subsection (l) \1\ of this section as a result of the export
    restrictions imposed by this subsection shall be made with the
    concurrence of the Secretary of State, and
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        (B) any determination of the Secretary to approve or deny an
    export license application to export crime control or detection
    instruments or equipment shall be made in concurrence with the
    recommendations of the Secretary of State submitted to the Secretary
    with respect to the application pursuant to section 10(e) of this
    Act [section 2409(e) of this Appendix],

except that, if the Secretary does not agree with the Secretary of State
with respect to any determination under subparagraph (A) or (B), the
matter shall be referred to the President for resolution.
    (2) The provisions of this subsection shall not apply with respect
to exports to countries which are members of the North Atlantic Treaty
Organization or to Japan, Australia, or New Zealand, or to such other
countries as the President shall designate consistent with the purposes
of this subsection and section 502B of the Foreign Assistance Act of
1961 [22 U.S.C. 2304].

(o) Control list

    The Secretary shall establish and maintain, as part of the control
list, a list of any goods or technology subject to export controls under
this section, and the countries to which such controls apply. The
Secretary shall clearly identify on the control list which goods or
technology, and which countries or destinations, are subject to which
types of controls under this section. Such list shall consist of goods
and technology identified by the Secretary of State, with the
concurrence of the Secretary. If the Secretary and the Secretary of
State are unable to agree on the list, the matter shall be referred to
the President. Such list shall be reviewed not less frequently than
every three years in the case of controls maintained cooperatively with
other countries, and annually in the case of all other controls, for the
purpose of making such revisions as are necessary in order to carry out
this section. During the course of such review, an assessment shall be
made periodically of the availability from sources outside the United
States, or any of its territories or possessions, of goods and
technology comparable to those controlled for export from the United
States under this section.

(p) Effect on existing contracts and licenses

    The President may not, under this section, prohibit or curtail the
export or reexport of goods, technology, or other information--
        (1) in performance of a contract or agreement entered into
    before the date on which the President reports to the Congress,
    pursuant to subsection (f) of this section, his intention to impose
    controls on the export or reexport of such goods, technology, or
    other information, or
        (2) under a validated license or other authorization issued
    under this Act [sections 2401 to 2420 of this Appendix],

unless and until the President determines and certifies to the Congress
that--
        (A) a breach of the peace poses a serious and direct threat to
    the strategic interest of the United States,
        (B) the prohibition or curtailment of such contracts,
    agreements, licenses, or authorizations will be instrumental in
    remedying the situation posing the direct threat, and
        (C) the export controls will continue only so long as the direct
    threat persists.

(q) Extension of certain controls

    Those export controls imposed under this section with respect to
South Africa which were in effect on February 28, 1982, and ceased to be
effective on March 1, 1982, September 15, 1982, or January 20, 1983,
shall become effective on the date of the enactment of this subsection
[July 12, 1985], and shall remain in effect until 1 year after such date
of enactment. At the end of that 1-year period, any of those controls
made effective by this subsection may be extended by the President in
accordance with subsections (b) and (f) of this section.

(r) Expanded authority to impose controls

    (1) In any case in which the President determines that it is
necessary to impose controls under this section without any limitation
contained in subsection (c), (d), (e), (g), (h), or (m) \2\ of this
section, the President may impose those controls only if the President
submits that determination to the Congress, together with a report
pursuant to subsection (f) of this section with respect to the proposed
controls, and only if a law is enacted authorizing the imposition of
those controls. If a joint resolution authorizing the imposition of
those controls is introduced in either House of Congress within 30 days
after the Congress receives the determination and report of the
President, that joint resolution shall be referred to the Committee on
Banking, Housing, and Urban Affairs of the Senate and to the appropriate
committee of the House of Representatives. If either such committee has
not reported the joint resolution at the end of 30 days after its
referral, the committee shall be discharged from further consideration
of the joint resolution.
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    \2\ See References in Text note below.
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    (2) For purposes of this subsection, the term ``joint resolution''
means a joint resolution the matter after the resolving clause of which
is as follows: ``That the Congress, having received on             a
determination of the President under section 6(o)(1) \2\ of the Export
Administration Act of 1979 with respect to the export controls which are
set forth in the report submitted to the Congress with that
determination, authorizes the President to impose those export
controls.'', with the date of the receipt of the determination and
report inserted in the blank.
    (3) In the computation of the periods of 30 days referred to in
paragraph (1), there shall be excluded the days on which either House of
Congress 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.

(s) Spare parts

    (1) At the same time as the President imposes or expands export
controls under this section, the President shall determine whether such
export controls will apply to replacement parts for parts in goods
subject to such export controls.
    (2) With respect to export controls imposed under this section
before the date of the enactment of this subsection [Aug. 23, 1988], an
individual validated export license shall not be required for
replacement parts which are exported to replace on a one-for-one basis
parts that were in a good that was lawfully exported from the United
States, unless the President determines that such a license should be
required for such parts.

(Pub. L. 96-72, Sec. 6, Sept. 29, 1979, 93 Stat. 513; Pub. L. 96-533,
title I, Sec. 111, Dec. 16, 1980, 94 Stat. 3138; Pub. L. 97-145, Sec. 6,
Dec. 29, 1981, 95 Stat. 1728; Pub. L. 99-64, title I, Sec. 108(a)-
(g)(1), (h)-(j)(1), (k), (l)(1), July 12, 1985, 99 Stat. 131-136; Pub.
L. 99-399, title V, Sec. 509(b), Aug. 27, 1986, 100 Stat. 874; Pub. L.
100-418, title II, Sec. 2423, Aug. 23, 1988, 102 Stat. 1358; Pub. L.
101-222, Sec. 4, Dec. 12, 1989, 103 Stat. 1897; Pub. L. 101-510, div. A,
title XVII, Sec. 1702(a), Nov. 5, 1990, 104 Stat. 1739; Pub. L. 102-138,
title V, Sec. 504(b), Oct. 28, 1991, 105 Stat. 724; Pub. L. 102-182,
title III, Secs. 304(b), 309(a), Dec. 4, 1991, 105 Stat. 1246, 1258;
Pub. L. 103-236, title VII, Sec. 736, Apr. 30, 1994, 108 Stat. 506.)

                       References in Text

    The International Emergency Economic Powers Act, referred to in
subsec. (g), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat.
1626, which is classified generally to chapter 35 (Sec. 1701 et seq.) of
Title 50, War and National Defense. For complete classification of this
Act to the Code, see Short Title note set out under section 1701 of
Title 50 and Tables.
    The Chemical and Biological Weapons Control and Warfare Elimination
Act of 1991, referred to in subsec. (m)(3)(B), is title III of Pub. L.
102-182, Dec. 4, 1991, 105 Stat. 1245, which is classified principally
to chapter 65 (Sec. 5601 et seq.) of Title 22, Foreign Relations and
Intercourse. For complete classification of this Act to the Code, see
Short Title note set out under section 5601 of Title 22 and Tables.
    Subsections (l) and (m) of this section, referred to in subsecs.
(n)(1)(A) and (r)(1), were successively redesignated as subsections (n)
and (o), respectively, of this section by Pub. L. 101-510, div. A, title
XVII, Sec. 1702(a)(1), Nov. 5, 1990, 104 Stat. 1739, then as subsections
(o) and (p), respectively, of this section by Pub. L. 102-182, title
III, Sec. 304(b), Dec. 4, 1991, 105 Stat. 1246, without corresponding
amendments to such references.
    Section 6(o)(1) of the Export Administration Act of 1979, referred
to in subsec. (r)(2), which was classified to subsec. (o)(1) of this
section, was redesignated successively as section 6(q)(1) by Pub. L.
101-510, div. A, title XVII, Sec. 1702(a)(1), Nov. 5, 1990, 104 Stat.
1739, then as section 6(r)(1) by Pub. L. 102-182, title III,
Sec. 304(b), Dec. 4, 1991, 105 Stat. 1246, without a corresponding
amendment to such reference.

                            Prior Provisions

    A prior section 2405, Pub. L. 91-184, Sec. 6, Dec. 30, 1969, 83
Stat. 844; Pub. L. 95-52, title I, Secs. 103(d), 112, title II,
Sec. 203(a), June 22, 1977, 91 Stat. 237, 240, 247; Pub. L. 95-223,
title III, Sec. 301(b)(2), Dec. 28, 1977, 91 Stat. 1629, setting forth
provisions respecting violations and penalties, expired on Sept. 30,
1979.

                               Amendments

    1994--Subsec. (j)(5). Pub. L. 103-236 added par. (5).
    1991--Subsecs. (m) to (s). Pub. L. 102-182, Sec. 304(b), added
subsec. (m) and redesignated former subsecs. (m) to (r) as (n) to (s),
respectively.
    Pub. L. 102-138, which made an amendment similar to that made by
Pub. L. 102-182, Sec. 304(b), by adding a subsec. (m) and redesignating
former subsecs. (m) to (r) as (n) to (s), respectively, was repealed by
Pub. L. 102-182, Sec. 309(a).
    1990--Subsecs. (k) to (r). Pub. L. 101-510 added subsecs. (k) and
(l) and redesignated former subsecs. (k) to (p) as (m) to (r),
respectively.
    1989--Subsec. (j). Pub. L. 101-222 amended subsec. (j) generally,
substituting pars. (1) to (4) for former pars. (1) and (2).
    1988--Subsec. (a)(6). Pub. L. 100-418, Sec. 2423(a), added par. (6).
    Subsec. (p). Pub. L. 100-418, Sec. 2423(b), added subsec. (p).
    1986--Subsec. (j)(1). Pub. L. 99-399 substituted ``$1,000,000'' for
``$7,000,000''.
    1985--Subsec. (a)(1). Pub. L. 99-64, Sec. 108(a)(1), substituted
``(8), or (13)'' for ``or (8)'', and inserted ``, the Secretary of
Defense, the Secretary of Agriculture, the Secretary of the Treasury,
the United States Trade Representative,'' after ``in consultation with
the Secretary of State''.
    Subsec. (a)(2). Pub. L. 99-64, Sec. 108(a)(3), added par. (2).
Former par. (2) redesignated (3).
    Subsec. (a)(3). Pub. L. 99-64, Sec. 108(a)(2), (4), redesignated
par. (2) as (3) and substituted ``subsections (b) and (f)'' for
``subsections (b) and (e)''. Former par. (3) redesignated (4).
    Subsec. (a)(4), (5). Pub. L. 99-64, Sec. 108(a)(2), redesignated
pars. (3) and (4) as (4) and (5), respectively.
    Subsec. (b). Pub. L. 99-64, Sec. 108(b), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``When
imposing, expanding, or extending export controls under this section,
the President shall consider--
        ``(1) the probability that such controls will achieve the
    intended foreign policy purpose, in light of other factors,
    including the availability from other countries of the goods or
    technology proposed for such controls;
        ``(2) the compatibility of the proposed controls with the
    foreign policy objectives of the United States, including the effort
    to counter international terrorism, and with overall United States
    policy toward the country which is the proposed target of the
    controls;
        ``(3) the reaction of other countries to the imposition or
    expansion of such export controls by the United States;
        ``(4) the likely effects of the proposed controls on the export
    performance of the United States, on the competitive position of the
    United States in the international economy, on the international
    reputation of the United States as a supplier of goods and
    technology, and on individual United States companies and their
    employees and communities, including the effects of the controls on
    existing contracts;
        ``(5) the ability of the United States to enforce the proposed
    controls effectively; and
        ``(6) the foreign policy consequences of not imposing
    controls.''
    Subsec. (c). Pub. L. 99-64, Sec. 108(c), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``The
Secretary, before imposing export controls under this section, shall
consult with such affected United States industries as the Secretary
considers appropriate, with respect to the criteria set forth in
paragraphs (1) and (4) of subsection (b) and such other matters as the
Secretary considers appropriate.''
    Subsec. (d). Pub. L. 99-64, Sec. 108(d)(2), added subsec. (d).
Former subsec. (d) redesignated (e).
    Subsec. (e). Pub. L. 99-64, Sec. 108(d)(1), redesignated former
subsec. (d) as (e). Former subsec. (e) redesignated (f).
    Subsec. (f). Pub. L. 99-64, Sec. 108(d)(1), (e), redesignated former
subsec. (e) as (f), amended subsec. (f) generally, substituting
``Consultation with Congress'' for ``Notification to Congress'' in
heading, and in text making consultation with the Congress mandatory and
not merely discretionary before the President imposes, expands, or
extends export controls. Former subsec. (f) redesignated (g).
    Subsec. (g). Pub. L. 99-64, Sec. 108(d)(1), (f), redesignated former
subsec. (f) as (g), inserted sentence directing that this section does
not authorize export controls on donations of goods that are intended to
meet basic human needs, and substituted ``This subsection shall not
apply to any export control on medicine, medical supplies, or food,
except for donations, which is in effect on the date of the enactment of
the Export Administration Amendments Act of 1985'' for ``This subsection
shall not apply to any export control on medicine or medical supplies
which is in effect on the effective date of this Act or to any export
control on food which is in effect on the date of the enactment of the
Export Administration Amendments Act of 1981'' and inserted:
``Notwithstanding the preceding provisions of this subsection, the
President may impose export controls under this section on medicine,
medical supplies, food, and donations of goods in order to carry out the
policy set forth in paragraph (13) of section 3 of this Act.''
    Subsec. (h). Pub. L. 99-64, Sec. 108(g)(1), designated existing
provisions as par. (1) and added pars. (2) to (4).
    Pub. L. 99-64, Sec. 108(d)(1), redesignated former subsec. (g) as
(h). Former subsec. (h) redesignated (i).
    Subsec. (i). Pub. L. 99-64, Sec. 108(d)(1), (h), redesignated former
subsec. (h) as (i) and substituted ``(e), (g), and (h)'' for ``(f), and
(g)''. Former subsec. (i) redesignated (j).
    Subsec. (j). Pub. L. 99-64, Sec. 108(d)(1), (i), redesignated former
subsec. (i) as (j), amended subsec. (j) generally, designating the
existing sentence as par. (1) and former pars. (1) and (2) thereof as
subpars. (A) and (B), and adding par. (2). Former subsec. (j)
redesignated (k).
    Subsec. (k). Pub. L. 99-64, Sec. 108(d)(1), redesignated former
subsec. (j) as (k). Former subsec. (k) redesignated (l).
    Subsec. (k)(1). Pub. L. 99-64, Sec. 108(j)(1), inserted sentence
relating to the concurrence of the Secretary of State.
    Subsec. (l). Pub. L. 99-64, Sec. 108(d)(1), (k), redesignated former
subsec. (k) as (l), substituted reference to ``the control list'' for
existing reference to ``the commodity control list' after ``The
Secretary shall establish and maintain, as part of'', and substituted
``The Secretary shall clearly identify on the control list which goods
or technology, and which countries or destinations, are subject to which
types of controls under this section'' for ``Such goods or technology
shall be clearly identified as subject to controls under this section''.
    Subsecs. (m) to (o). Pub. L. 99-64, Sec. 108(l)(1), added subsecs.
(m) to (o).
    1981--Subsec. (f). Pub. L. 97-145 inserted provisions restricting
the imposition of export controls on food when such controls would
result in measurable malnutrition, unless the President determines that
the controls are necessary to protect the United States national
security interests or that the food would not reach persons most in
need.
    1980--Pub. L. 96-533 required notification of certain commercial
exports to be given to the Committee on Foreign Relations of the Senate
and prescribed that notice be given to the committees at least 30 days
before approval of the export license.

                         Change of Name

    Committee on Foreign Affairs of House of Representatives treated as
referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.

                    Effective Date of 1985 Amendment

    Section 108(g)(2) of Pub. L. 99-64 provided that: ``The amendments
made by paragraph (1) of this subsection [amending this section] shall
not apply to export controls in effect under subsection (i), (j), or (k)
of section 6 of the Export Administration Act of 1979 [subsec. (i), (j),
or (k) of this section] (as redesignated by subsection (d) of this
section) immediately before the date of the enactment of this Act [July
12, 1985], or to export controls made effective by subsection (i)(2) of
this section [there is no section 108(i)(2) of Pub. L. 99-64] or by
section 6(n) of the Export Administration Act of 1979 [subsec. (n) of
this section] (as added by subsection (l)(1) of this section).''
    Section 108(j)(2) of Pub. L. 99-64 provided that: ``The amendment
made by paragraph (1) of this subsection [amending this section] shall
apply to determinations of the Secretary of Commerce which are made on
or after the date of the enactment of this Act [July 12, 1985].''
    Section 108(l)(2) of Pub. L. 99-64 provided that: ``Subsections (m)
and (o) of section 6 of the Export Administration Act of 1979 [subsecs.
(m) and (o) of this section], as added by paragraph (1) of this
subsection, shall not apply to export controls in effect immediately
before the date of the enactment of this Act [July 12, 1985], or to
export controls made effective by subsection (i)(2) of this section
[there is no section 108(i)(2) of Pub. L. 99-64] or by section 6(n) of
the Export Administration Act of 1979 [subsec. (n) of this section] (as
added by paragraph (1) of this subsection).''

                         Delegation of Functions

    Functions conferred upon President under this section delegated to
Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45 F.R. 29783,
set out under 2403 of this Appendix, with exception of functions
conferred upon President under subsec. (g) of this section which were
delegated to Secretary of State and functions conferred upon President
under subsec. (k) of this section which were reserved to President.

Exercise of Statutory Authorities Respecting Imposition of Total Embargo
       in Event of Soviet or Warsaw Pact Military Action in Poland

    Section 7 of Pub. L. 97-145 provided that: ``Notwithstanding any
other provision of law, no provision of the Export Administration Act of
1979, as amended by this Act [sections 2401 to 2420 of this Appendix],
or of any other Act shall be construed to prohibit the exercise of
authorities contained in the Export Administration Act of 1979 to impose
a total embargo in the event of Soviet or Warsaw Pact military action
against Poland.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5, 2170, 2407, 2410, 2410b,
2410c, 2413, 2414, 2416 of this Appendix; title 10 section 2327; title
12 section 95a; title 22 sections 2656f, 2712, 2797, 2797a, 2797b, 2798,
2799aa-1, 4305, 5605; title 26 section 901; title 50 section 1702.

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