Sec. 5. Classifying the People’s Republic of China at high risk of facilitating diversion of United States technology to the Russian Federation
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Section 1754 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813 ) is amended— by redesignating subsections (d), (e), and
(f)as subsections (e), (f), and (g), respectively; and by inserting after subsection
(c)the following: A license shall be required for the export, reexport, or in-country transfer of items described in paragraph (2), the control of which is implemented pursuant to subsection
(a)by the Secretary, to— the People’s Republic of China; or any other foreign country the Secretary of State, in consultation with the Secretary of Defense, determines is facilitating the diversion of technology or defense-related materials that are contributing materially to the ability of the Government of Russia to undertake military action in Ukraine. The items described in this paragraph— are items that the Secretary of Defense, in consultation with the Secretary of Commerce, the Secretary of State, and the Secretary of Energy, determines could make a contribution to the military potential or logistical capability of the Russian Federation and are at risk of diversion to the Russian Federation or affiliates through the People’s Republic of China; and items that directly or indirectly relate to— semiconductors; sensors and lasers; aviation and propulsion; materials processing; or other technologies, as defined by the Secretary of Defense, in consultation with the Secretary of Commerce, the Secretary of State, and the Secretary of Energy. The Secretary shall deny a license described in paragraph
(1)for the export, reexport, or in-country transfer of an item described in paragraph
(2)unless the person seeking to export the item submits to the Secretary such documentation as the Secretary may reasonably require that demonstrates by clear and convincing evidence that the export of the item will not pose a threat to the national security of the United States. Any licensing requirement applied to a PRC or Russian entity by reason of the entity being included on the entity list shall also apply to any subsidiary or other entity over which the listed entity has control. .
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Sec. 5
Classifying the People’s Republic of China at high risk of facilitating diversion of United States technology to the Russian Federation
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