Committee Documents Online -- 107th Congress

Summary: The Export Administration Act of 2001

September 6, 2001

I. GENERAL AUTHORITY & ADVISORY COMMITTEES

• Establishes an export control list for sensitive U.S. technologies
• Authorizes the President to establish President's Technology Export Council, as well as Export Control Advisory Committees

II. NATIONAL SECURITY CONTROLS

• Establishes National Security Control List for items that contribute to military potential of other countries, or to stem weapons proliferation or deter terrorism
• Ensures strong role for national security interests by requiring concurrence of Secretary of Defense for items included on the List
• Establishes a country tiering system under which countries are assigned to one of a range of tiers for each controlled item or group of items
• Authorizes national security controls, based on the end use or end user, on any item that could materially contribute to the proliferation of weapons of mass destruction
• Provides for enhanced controls on items, regardless of status, if President finds that removing controls would pose a significant threat to U.S. national security
• Removes unnecessary barriers to trade by removing ineffective controls on items with foreign availability or mass-market status, but allows President to reimpose controls to advance U.S. national security
• Creates an Office of Technology Evaluation of experts to gather, coordinate, and analyze information on foreign availability and mass market status

III. FOREIGN POLICY CONTROLS

• Authorizes foreign policy controls on items to promote U.S. objectives, promote international peace, stability, and human rights, and deter and punish acts of terrorism
• Requires that foreign policy controls meet certain criteria designed to target and ensure success of controls, and sunsets controls after 2 years unless specifically renewed
• Encourages diplomatic resolution by directing President to negotiate with targeted country

IV. EXPORT LICENSING & DISPUTE RESOLUTION PROCEDURES

• Enhances and codifies the role of Department of Defense and other agencies in critical identification and licensing processes
• Provides greater transparency and predictability for exporters by streamlining and updating licensing procedures

V. INTERNATIONAL ARRANGEMENTS, PENALTIES, & ENFORCEMENT

• Encourages U.S. participation in new and existing multilateral export control regimes
• Establishes tough new criminal and civil penalties for export control violations
• Targets end-use checks on those exports that pose greatest risk to national security, and provides strict penalties against end-users who refuse to allow verification
• Authorizes funding for the Bureau of Export Administration of the Department of Commerce, with significant additional resources for enforcement programs
• Terminates the Act's authority unless the President provides Congress a report on export controls and either proposes legislative reforms or certifies that no reforms are necessary