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Code · BILL · 118th Congress · S. 1471 (Introduced in Senate) — To bolster the AUKUS partnership, and for other purposes. · Sec. 10

Sec. 10. License exception for export, reexport, and in-country transfer of items on Commerce Control List to or between Australia, Canada, and the United Kingdom under Export Administration Regulations

557 words·~3 min read·/bill/118/s/1471/is/section-10

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Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall publish in the Federal Register a notice of proposed rulemaking relating to amending the Export Administration Regulations to establish a license exception for the export, reexport, and in-country transfer of items on the Commerce Control List to or between covered persons in Australia, Canada, and the United Kingdom. A person that exports, reexports, or in-country transfers an item on the Commerce Control List under the license exception established under subsection (a), and a recipient of such an item, shall— comply with all applicable requirements of the Export Administration Regulations; maintain, for each such export, reexport, or in-country transfer, a record of— the exporter; a description of the item, including technology; the name and address, and other available contact information, of the recipient and the end-user of the item; the name of the person responsible for the transaction; the stated end use of the item; the date of the transaction; and the method of transfer; and ensure that such records are made available, upon request, to the Under Secretary of Commerce for Industry and Security.
The export, reexport, or in-country transfer of an item under the license exception established under subsection
(a)is required to take place wholly within or between the physical territory of Australia, Canada, the United Kingdom, or the United States, except for the export, reexport, or in-country transfer of such an item for the purposes of maintenance, repair, replacement, or overhaul. An item may not be exported, reexported, or in-country transferred under the license exception established under subsection
(a)to any foreign person— with respect to which sanctions have been imposed by the Office of Foreign Assets Control of the Department of the Treasury; on any restricted parties list; subject to any embargo maintained by the United States; or that is otherwise ineligible to receive controlled dual-use or commercial articles or technology on the Commerce Control List. In this section: The term Commerce Control List means the list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 1 to part 774 of the Export Administration Regulations. Except as provided by subparagraph (B), the term covered person means— the government of Australia, Canada, or the United Kingdom; a citizen or national of Australia, Canada, or the United Kingdom; or an entity organized under the laws of, or otherwise subject to the jurisdiction of, Australia, Canada, or the United Kingdom. The term covered person does not include any person on any a restricted parties list. The term restricted parties list means any of the following lists maintained by the Bureau of Industry and Security: The Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations. The Military End-User List set forth in Supplement No. 7 to part 744 of the Export Administration Regulations. The Denied Persons List maintained pursuant to section 764.3(a)(2) of the Export Administration Regulations. The Unverified List set forth in Supplement No. 6 to part 744 of the Export Administration Regulations. The terms export , Export Administration Regulations , in-country transfer , item , and reexport have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ).
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Sec. 10
License exception for export, reexport, and in-country transfer of items on Commerce Control List to or between Australia, Canada, and the United Kingdom under Export Administration Regulations
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