Sec. 815. Administration of export controls
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The President shall rely on, including through delegations, as appropriate, to the Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, the Director of National Intelligence, and the heads of other Federal agencies as appropriate, to exercise the authority to carry out the purposes set forth in subsection (b). The purposes of this section include to— advise the President with respect to— identifying specific threats to the national security and foreign policy that the authority of this subtitle may be used to address; and exercising the authority under this subtitle to implement policies, regulations, procedures, and actions that are necessary to effectively counteract those threats; review and approve— criteria for including items on, and removing such an item from, a list of controlled items established under this subtitle; an interagency procedure for compiling and amending any list described in clause (i); criteria for including a person on a list of persons to whom exports, reexports, and transfers of items are prohibited or restricted under this subtitle; standards for compliance by persons subject to controls under this subtitle; and policies and procedures for the end-use monitoring of exports, reexports, and transfers of items controlled under this subtitle; obtain independent evaluations, including from Inspectors General of the relevant departments or agencies, on a periodic basis on the effectiveness of the implementation of this subtitle in carrying out the policy set forth in section 812; and benefit from the inherent equities, experience, and capabilities of the Federal officials described in subsection (a), including— the views of the Department of Defense with respect to the national security implications of a particular control or decision; the views of the Department of State with respect to foreign policy implications of a particular control or decision, including views relating to national security; the views of the Department of Energy with respect to the implications for nuclear proliferation of a particular control or decision; the views of the Department of Commerce with respect to the administration of an efficient, coherent, reliable, enforceable, and predictable export control system, including views relating to national security, and the resolution of competing views or policy objectives described in section 812; and the views of other Federal agencies, including the Department of Homeland Security and the Department of Justice, with respect to enforceability of a particular control or decision.
The results of the independent evaluations conducted pursuant to paragraph (1)(C) shall be transmitted to the President and the Congress, in classified form if necessary. Subject to the delegation of authority by the President, the Federal officials described in subsection
(a)shall determine, direct, and ensure that improvements recommended in the evaluations are implemented. It is the sense of Congress that the administration of export controls under this subtitle should be consistent with the procedures relating to export license applications described in Executive Order 12981 (1995).
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Sec. 815
Administration of export controls
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