Committee Documents Online -- 107th Congress
Major Provisions: The Export Administration Act of 2001
January 23, 2001
I. GENERAL AUTHORITY & ADVISORY COMMITTEES
- Authorizes the Secretary of Commerce (the Secretary) to identify items subject to export
- Requires the Secretary to keep the public fully informed regarding export control policy.
- Authorizes the Secretary to appoint Export Control Advisory Committees, with
membership drawn from U.S. industry and government, to provide technical advice
regarding export control policy.
- Authorizes the President to establish a President's Technology Export Council to advise
him on the implementation, operation, and effectiveness of the export control system.
II. NATIONAL SECURITY CONTROLS
III. FOREIGN POLICY CONTROLS
- Authorizes the President to impose foreign policy controls on items in order to promote
U.S. foreign policy objectives; to promote international peace, stability, and respect for
human rights; and to deter and punish acts of international terrorism.
- Provides that national security or foreign policy controls may be imposed to fulfill U.S.
international obligations or commitments.
- Prohibits foreign policy controls on exports subject to existing contracts.
- Prohibits foreign policy controls on other countries' export of items containing U.S. parts
Procedures for Imposing Controls
- Sets forth mandatory criteria for the imposition of foreign policy controls, such as clearly
stated, specific foreign policy objectives; objective standards to evaluate the control's
success or failure; an assessment that the control's objective outweighs its costs; a
narrow, targeted scope; and an effort to minimize any adverse impact on humanitarian
- Requires the President, 45 days prior to imposing a foreign policy control, to publish for
public comment his intent to impose the control. Encourages the President to negotiate
with the government of the targeted country to resolve the reasons underlying the
- Directs the President, prior to imposing a foreign policy control, to submit a report to the
Senate Banking Committee and the House International Relations Committee assessing
diplomatic and multilateral efforts relating to the accomplishment of the foreign policy
objective, the likely economic and foreign policy impact of the proposed control, and
likely costs compared to the probable achievement of the objective.
- Terminates a foreign policy control after two years unless renewed by the President after
a period of public comment, with an exception for those controls targeted against
countries designated as supporting international terrorism.
Controls Relating to Terrorism
- Requires controls on exports that make a significant contribution to the military potential
of countries determined by the Secretary of State to have repeatedly provided support for
acts of international terrorism.
IV. AGRICULTURE EXEMPTION
- Prohibits foreign policy controls on the export of agricultural commodities, medicine, and
- Terminates existing export controls mandated by law upon the date of enactment of the
Act, unless specifically reimposed by law.
- Maintains controls on agricultural commodities, medicine, and medical supplies
controlled for national security reasons or imposed against countries subject to embargo
under the Trading with the Enemy Act (Cuba, North Korea).
V. EXPORT LICENSING & DISPUTE RESOLUTION PROCEDURES
License Review Process
- Establishes criteria for review of license applications, including the characteristics of the
item, the threat to U.S. national security or foreign policy interests, the destination
country's tier designation, and the risk of diversion or misuse.
- Directs the Secretary of Commerce, within 9 days, to review applications for accuracy
and refer them to the Secretary of Defense, Secretary of State, and the heads of other
- Requires each referral department, within 30 days, to provide a recommendation either to
approve or deny the license. Provides that a referral department that fails to provide a
recommendation within 30 days is deemed to have no objection to the Secretary of
- Sets forth exceptions from the stated time periods in specified circumstances, including
where the Secretary and applicant mutually agree to delay, a prelicense check is required,
or consultation with foreign governments is required.
- Requires the Secretary, if agreement exists among the referral departments, to notify the
exporter of the decision to approve or deny the license application.
Interagency Dispute Resolution Process
- Establishes an interagency dispute resolution process for license applications for which
no agreement exists.
- Provides an initial level of review by an interagency committee chaired by the Secretary's
representative who has the authority to decide, after considering the position of other
agencies, application approval or denial. Establishes that the chairperson's decision may
be appealed to the next level of review at the request of any participating agency
- Directs the President to establish additional levels of review that provide for decision-making based on majority vote of participating departments and agencies. Establishes
that any decision may be appealed to the next level of review, with final appeal to the
President, at the request of any participating agency representative.
Overall Resolution Period
- Requires the application resolution process to be completed or referred to the President
within 90 days of the date of the application's initial referral.
VI. INTERNATIONAL ARRANGEMENTS, PENALTIES, & ENFORCEMENT