Sec. 202. Licensing of certain commerce-controlled items
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Section 38 of the Arms Export Control Act ( 22 U.S.C. 2778 ) is amended by adding at the end the following new subsection: A license or other approval from the Department of State granted in accordance with this section may also authorize the export of items subject to the Export Administration Regulations if such items are to be used in or with defense articles controlled on the United States Munitions List. The following requirements shall apply with respect to a license or other approval to authorize the export of items subject to the Export Administration Regulations under paragraph (1):
Separate approval from the Department of Commerce shall not be required for such items if such items are approved for export under a Department of State license or other approval. Such items subject to the Export Administration Regulations that are exported pursuant to a Department of State license or other approval would remain under the jurisdiction of the Department of Commerce with respect to any subsequent transactions. The inclusion of the term subject to the EAR or any similar term on a Department of State license or approval shall not affect the jurisdiction with respect to such items.
In this subsection, the term Export Administration Regulations means— the Export Administration Regulations as maintained and amended under the authority of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or any successor regulations. .
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