Sec. 1283. REPORT ON EXPORT OF CERTAIN SATELLITES TO ENTITIES WITH CERTAIN BENEFICIAL OWNERSHIP STRUCTURES
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## SEC. 1283 REPORT ON EXPORT OF CERTAIN SATELLITES TO ENTITIES WITH CERTAIN BENEFICIAL OWNERSHIP STRUCTURES ###
(a)In General Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the heads of appropriate agencies, shall submit to the appropriate congressional committees a report on addressing the threat or potential threat posed by the export, reexport, or in-country transfer of satellites described in section 1261(c)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 22 U.S.C. 2778 note) to entities described in subsection (b). ###
(b)Entities Described ####
(1)In general An entity described in this subsection is an entity the beneficial owner of which is— #####
(A)an individual who is a citizen or national of a country described in section 1261(c)(2) of the National Defense Authorization Act for Fiscal Year 2013; #####
(B)an entity organized under the laws of or otherwise subject to the jurisdiction of such a country; #####
(C)the government of such a country; or #####
(D)any other individual or entity the Secretary determines would detrimentally affect the national security of the United States. ####
(2)Determination of beneficial ownership For purposes of paragraph (1), the Secretary shall identify a person as the beneficial owner of an entity— #####
(A)in a manner that is not less stringent than the manner set forth in section 240.13d-3 of title 17, Code of Federal Regulations (as in effect on the date of the enactment of this Act); and #####
(B)based on a threshold, to be determined by the Secretary, based on an assessment of whether the person’s position would give the person an opportunity to control the use of a satellite described in section 1261(c)(1) of the National Defense Authorization Act for Fiscal Year 2013 and exported, reexported, or transferred in country to the entity. ###
(c)Elements The report required by subsection
(a)shall include the following: ####
(1)An evaluation of whether satellites described in section 1261(c)(1) of the National Defense Authorization Act for Fiscal Year 2013 have been exported, reexported, or transferred in-country, directly or indirectly, to entities described in subsection (b). ####
(2)An examination of the effect on national security of the potential export, reexport, or in-country transfer of satellites in compliance with section 1261(c) of the National Defense Authorization Act for Fiscal Year 2013 in circumstances in which the services, bandwidth, or functions of the satellites could subsequently be leased or sold to, or otherwise used by, an entity described in subsection (b). ####
(3)An examination of the effect on national security of not limiting the export, reexport, or in-country transfer of such satellites to entities described in subsection (b). ####
(4)Recommendations for, and an assessment of the effectiveness of, a licensing condition that would prohibit or limit the export, reexport, or in-country transfer of such satellites to, or the use of such satellites by, entities described in subsection (b). ####
(5)An assessment, based on realistic and justifiable assumptions and forecasts, of the economic implications of and potential harm caused by a licensing condition described in paragraph
(4)on the United States industries that develop or produce satellites and commercial telecommunications equipment that do not have direct national security ties. ####
(6)An evaluation of the resources necessary to ensure the ability of the Bureau of Industry and Security of the Department of Commerce— #####
(A)to adequately identify and analyze the beneficial owners of entities in decisions relating to— ######
(i)issuing licenses for the export, reexport, or in-country transfer of such satellites to such entities; or ######
(ii)the ultimate end uses and end-users of such satellites; and #####
(B)when evaluating such a decision— ######
(i)to have full knowledge of the potential end-user of the satellite and the current beneficial owner of the entity; and ######
(ii)to be able to determine whether issuing the license would be inconsistent with the goal of preventing entities described in subsection
(b)from accessing or using such satellites. ###
(d)Form The report required by subsection
(a)shall be submitted in unclassified form, but may include a classified annex. ###
(e)Appropriate Congressional Committees Defined In this section, the term “appropriate congressional committees” means— ####
(1)the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and ####
(2)the Committee on Armed Services, the Committee on Financial Services, the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
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- Pub. L. 112-239
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Sec. 1283
REPORT ON EXPORT OF CERTAIN SATELLITES TO ENTITIES WITH CERTAIN BENEFICIAL OWNERSHIP STRUCTURES
Pub. L.Pub. L. 112-239
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