Sec. 814. Additional authorities
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In carrying out this subtitle on behalf of the President, the Secretary, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the heads of other Federal agencies as appropriate, shall— establish and maintain a list of items that are controlled under this subtitle; establish and maintain a list of foreign persons and end-uses that are determined to be a threat to the national security and foreign policy of the United States pursuant to the policy set forth in section 812(2)(A); prohibit unauthorized exports, reexports, and transfers of controlled items, including to foreign persons in the United States or outside the United States; restrict exports, reexports, and transfers of any controlled items to any foreign person or end-use listed under paragraph (2); require licenses or other authorizations, as appropriate, for exports, reexports, and transfers of controlled items, including imposing conditions or restrictions on United States persons and foreign persons with respect to such licenses or other authorizations; establish a process for an assessment to determine whether a foreign item is comparable in quality to an item controlled under this subtitle, and is available in sufficient quantities to render the United States export control of that item or the denial of a license ineffective, including a mechanism to address that disparity; require measures for compliance with the export controls established under this subtitle; require and obtain such information from United States persons and foreign persons as is necessary to carry out this subtitle; require, to the extent feasible, identification of items subject to controls under this subtitle in order to facilitate the enforcement of such controls; inspect, search, detain, or seize, or impose temporary denial orders with respect to items, in any form, that are subject to controls under this subtitle, or conveyances on which it is believed that there are items that have been, are being, or are about to be exported, reexported, or transferred in violation of this subtitle; monitor shipments, or other means of transfer; keep the public fully apprised of changes in policy, regulations, and procedures established under this subtitle; appoint technical advisory committees in accordance with the Federal Advisory Committee Act; create, as warranted, exceptions to licensing requirements in order to further the objectives of this subtitle; establish and maintain processes to inform persons, either individually by specific notice or through amendment to any regulation or order issued under this subtitle, that a license from the Bureau of Industry and Security of the Department of Commerce is required to export; and undertake any other action as is necessary to carry out this subtitle that is not otherwise prohibited by law.
IEEPA The authority under this subtitle may not be used to regulate or prohibit under this subtitle the export, reexport, or transfer of any item that may not be regulated or prohibited under section 203(b) of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b) ), except to the extent the President has made a determination necessary to impose controls under subparagraph (A), (B), or
(C)of paragraph
(2)of such section. A license shall be required for the export, reexport, or transfer of items, the control of which is implemented pursuant to subsection
(a)by the Secretary, to a country if the Secretary of State has made the following determinations: The government of such country has repeatedly provided support for acts of international terrorism. The export, reexport, or transfer of such items 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. A determination of the Secretary of State under section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), or any other provision of law that the government of a country described in subparagraph
(A)has repeatedly provided support for acts of international terrorism shall be deemed to be a determination with respect to such government for purposes of clause
(i)of subparagraph (A). The Secretary of State and the Secretary 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 any license is issued as required by paragraph (1). The Secretary of State shall include in the notification required under subparagraph (A)— a detailed description of the items to be offered, including a brief description of the capabilities of any item for which a license to export, reexport, or transfer the items is sought; the reasons why the foreign country, person, or entity to which the export, reexport, or transfer is proposed to be made has requested the items under the export, reexport, or transfer, and a description of the manner in which such country, person, or entity intends to use such items; the reasons why the proposed export, reexport, or transfer is in the national interest of the United States; an analysis of the impact of the proposed export, reexport, or transfer on the military capabilities of the foreign country, person, or entity to which such transfer would be made; an analysis of the manner in which the proposed export, reexport, or transfer would affect the relative military strengths of countries in the region to which the items that are the subject of such export, reexport, or transfer would be delivered and whether other countries in the region have comparable kinds and amounts of items; and an analysis of the impact of the proposed export, reexport, or transfer on the relations of the United States with the countries in the region to which the items that are the subject of such export, reexport, or transfer would be delivered. Each determination of the Secretary of State under paragraph (1)(A)(i) shall be published in the Federal Register, except that the Secretary of State may exclude confidential information and trade secrets contained in such determination. A determination of the Secretary of State under paragraph (1)(A)(i) may not be rescinded unless the President submits to the Speaker of the House of Representatives, the chairman of the Committee on Foreign Affairs, and the chairman of the Committee on Banking, Housing, and Urban Affairs and the chairman of the Committee on Foreign Relations of the Senate— before the proposed rescission would take effect, a report certifying that— there has been a fundamental change in the leadership and policies of the government of the country concerned; that government is not supporting acts of international terrorism; and that government has provided assurances that it will not support acts of international terrorism in the future; or at least 90 days before the proposed rescission would take effect, a report justifying the rescission and certifying that— the government concerned has not provided any support for acts international terrorism during the preceding 24-month period; and the government concerned has provided assurances that it will not support acts of international terrorism in the future. No rescission under paragraph (4)(B) of a determination under paragraph (1)(A) with respect to the government of a country may be made if Congress, within 90 days after receipt of a report under paragraph (4)(B), enacts a joint resolution described in subsection (f)(2) of section 40 of the Arms Export Control Act with respect to a rescission under subsection (f)(1) of such section with respect to the government of such country. Not later than— ten days after initiating a review of the activities of the government of the country concerned within the 24-month period referred to in paragraph (4)(B)(i), the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such initiation; and 20 days after the notification described in paragraph (1), the Secretary of State shall brief the congressional committees described in paragraph
(1)on the status of such review. The President may waive the requirement under paragraph
(1)that a license shall be required for the export, reexport, or transfer of items, the control of which is implemented pursuant to subsection
(a)by the Secretary, to a country if the President— determines that to do so is essential to the national security interests of the United States; and consults with 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 not less than 15 days prior to the waiver taking effect. In furtherance of section 813(a), the President shall, except to the extent authorized by a statute or regulation administered by a Federal department or agency other than the Department of Commerce, require a United States person, wherever located, to apply for and receive a license from the Department of Commerce for— the export, reexport, or transfer of items described in paragraph (2), including items that are not subject to control under this subtitle; and other activities that may support the design, development, production, use, operation, installation, maintenance, repair, overhaul, or refurbishing of, or for the performance of services relating to, any such items. The items described in this paragraph include— nuclear explosive devices; missiles; chemical or biological weapons; whole plants for chemical weapons precursors; and foreign maritime nuclear projects that would pose a risk to the national security or foreign policy of the United States. The Secretary may inform United States persons, either individually by specific notice or through amendment to any regulation or order issued under this subtitle, that a license from the Bureau of Industry and Security of the Department of Commerce is required to engage in any activity if the activity involves the types of movement, service, or support described in subsection (d). The absence of any such notification does not excuse the United States person from compliance with the license requirements of subsection (d), or any regulation or order issued under this subtitle. The Secretary shall deny an application to engage in any activity described in subsection
(d)if the activity would make a material contribution to any of the items described in subsection (d)(2).
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