Committee Documents Online -- 107th Congress

Summary: The Export Administration Act of 2001

January 23, 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
• 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
• 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

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 to underlying concerns by directing President to negotiate with government of targeted country

IV. AGRICULTURE EXEMPTION

• Eliminates foreign policy controls on exports of agricultural commodities, medicine, and medical supplies, except for countries subject to the Trading with the Enemy Act

V. 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

VI. 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
• Provides significant additional funding and other resources for enforcement programs
• Authorizes "Patriot Provision" to award up to 25% of penalties imposed to persons who provide information about export control violations