Sec. 313. Imposition of dual-use export controls
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Upon making an affirmative determination under section 301, a foreign-produced item shall be subject to the Export Administration Regulations (pursuant to the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. )) if the item— meets— the product scope requirements described in subsection (b); and the destination scope requirements described in subsection (c); and is exported, reexported, or in-country transferred to the Russia Federation from abroad or involves the Government of the Russian Federation.
A foreign-produced item meets the product scope requirements of this subsection if the item— is a direct product of United States-origin technology or software subject to the Export Administration Regulations that is specified in a covered Export Control Classification Number; or is produced by any plant or major component of a plant that is located outside the United States, if the plant or major component of a plant, whether made in the United States or a foreign country, itself is a direct product of United States-origin technology or software subject to the Export Administration Regulations that is specified in a covered Export Control Classification Number.
A foreign-produced item meets the destination scope requirements of this subsection if there is knowledge that the foreign-produced item is destined to the Russian Federation or will be incorporated into or used in the production or development of any part, component, or equipment subject to the Export Administration Regulations and produced in or destined to the Russian Federation. In carrying out this section, the Secretary of Commerce shall apply a presumption that an export, reexport, release, or in-country transfer of items meets the product scope requirements set forth in subsection
(b)and the destination scope requirements set forth in subsection (c). The license requirements set forth in this section shall not apply to— food, medicine, or medical devices that are— designated as EAR99; or not designated under or listed on the Commerce Control List; or services, software, or hardware (other than services, software, or hardware for end-users owned or controlled by the Government of Iran) that are— necessarily and ordinarily incident to communications; or designated as— EAR99; or Export Control Classification Number 5A992.c or 5D992.c, and classified in accordance with section 740.17 of title 15, Code of Federal Regulations; and subject to a general license issued by the Department of Commerce or Department of Treasury. Not later than 60 days after the date of the enactment of this Act, the Secretary of Commerce (in consultation with the Secretary of State, the Secretary of Defense, and the Director of National Intelligence) shall develop a strategy to prevent the illegal export to Iran by United States persons regarding technologies used or that may be used in the design, development, production, or operational employment of unmanned aircraft systems by Iran, including the following microelectronics: Microcontrollers. Voltage regulators. Digital signal controllers. GPS modules. Microprocessors. The strategy under paragraph
(1)shall include, at a minimum, the following elements: A process for the Secretary of Commerce (in coordination with the Secretaries and heads specified in paragraph (1)) to proactively identify— current and emerging technologies used or that may be used by Iran in the design, development, production, or operational employment of unmanned aircraft systems (including critical components thereof); United States manufacturers of such technologies; and foreign manufacturers and proliferators of such technologies. A process for the Secretary of Commerce (in coordination with the Secretaries and heads specified in paragraph (1)) to proactively identify third-party distributors and resellers of the technologies specified in subparagraph (A)(i) that, through the use of intermediaries with no or nominal operations or assets, or through other mechanisms, contrive to circumvent export controls for such items with respect to Iran. A methodology for the Secretary of Commerce to proactively engage the United States manufacturers identified pursuant to the process under subparagraph (A)(ii), to provide such manufacturers with timely updates to the list of third-party distributors and resellers identified pursuant to the process under subparagraph (B). Not later than 60 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to the appropriate congressional committees the strategy under paragraph (1). The report required by subsection (a)(1) shall be submitted in unclassified form, but portions of the report described in paragraphs
(1)and
(2)may contain a classified annex, so long as such annex is provided separately from the unclassified report. The Secretary of State (in coordination with the Secretary of Commerce, the Secretary of Defense, and the Director of National Intelligence) shall develop a strategy to prevent the export to Iran of technologies from the United States and allied and partner countries which are used, or may be used, by Iran in the design, development, production, or operational employment of unmanned aircraft systems (including the microelectronics listed in subparagraphs
(A)through
(F)of subsection (a)(1)). The strategy under paragraph
(1)shall include, at a minimum, the following elements: A process for the Secretary of State (in consultation with the relevant Secretaries and heads specified in paragraph (1)) to proactively identify foreign manufacturers of the technologies referred to in such paragraph. A process for the Secretary of State to engage with any ally or partner of the United States regarding technologies which have been incorporated into an unmanned aircraft system produced by Iran, for the purpose of synchronizing the export control regime of such ally or partner with the United States export controls developed by the Secretary of Commerce pursuant to the strategy under subsection
(a)with respect to such technology. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees the strategy under paragraph (1). The report required by subsection (b)(1) shall be submitted in unclassified form, but portions of the report described in paragraphs
(1)and
(2)may contain a classified annex, so long as such annex is provided separately from the unclassified report. Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense (in coordination with the Secretary of State and the Director of National Intelligence) shall develop a range of options that may be employed by the Armed Forces of the United States to counter or otherwise deny Iran the ability to acquire technologies used, or that may be used, in the design, development, production, or operational employment of unmanned aircraft systems by Iran, including the following technologies: Microcontrollers. Voltage regulators. Digital signal controllers. GPS modules. Microprocessors. Computer Aided Design
(CAD)software. Computer numerical control machines. Not later than 45 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the options developed under paragraph (1).
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Sec. 313
Imposition of dual-use export controls
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