§ 4811. Statement of policy

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The following is the policy of the United States:

(1)To use export controls only after full consideration of the impact on the economy of the United States and only to the extent necessary—

(A)to restrict the export of items which would make a significant contribution to the military potential of any other country or combination of countries which would prove detrimental to the national security of the United States; and

(B)to restrict the export of items if necessary to further significantly the foreign policy of the United States or to fulfill its declared international obligations.

(2)The national security and foreign policy of the United States require that the export, reexport, and in-country transfer of items, and specific activities of United States persons, wherever located, be controlled for the following purposes:

(A)To control the release of items for use in—

(i)the proliferation of weapons of mass destruction or of conventional weapons;

(ii)the acquisition of destabilizing numbers or types of conventional weapons;

(iii)acts of terrorism;

(iv)military programs that could pose a threat to the security of the United States or its allies; or

(v)activities undertaken specifically to cause significant interference with or disruption of critical infrastructure.

(B)To preserve the qualitative military superiority of the United States.

(C)To strengthen the United States defense industrial base.

(D)To carry out the foreign policy of the United States, including the protection of human rights and the promotion of democracy.

(E)To carry out obligations and commitments under international agreements and arrangements, including multilateral export control regimes.

(F)To facilitate military interoperability between the United States and its North Atlantic Treaty Organization

(NATO)and other close allies.

(G)To ensure national security controls are tailored to focus on those core technologies and other items that are capable of being used to pose a serious national security threat to the United States.

(3)The national security of the United States requires that the United States maintain its leadership in the science, technology, engineering, and manufacturing sectors, including foundational technology that is essential to innovation. Such leadership requires that United States persons are competitive in global markets. The impact of the implementation of this subchapter on such leadership and competitiveness must be evaluated on an ongoing basis and applied in imposing controls under sections 4812 and 4813 of this title to avoid negatively affecting such leadership.

(4)The national security and foreign policy of the United States require that the United States participate in multilateral organizations and agreements regarding export controls on items that are consistent with the policy of the United States, and take all the necessary steps to secure the adoption and consistent enforcement, by the governments of such countries, of export controls on items that are consistent with such policy.

(5)Export controls should be coordinated with the multilateral export control regimes. Export controls that are multilateral are most effective, and should be tailored to focus on those core technologies and other items that are capable of being used to pose a serious national security threat to the United States and its allies.

(6)Export controls applied unilaterally to items widely available from foreign sources generally are less effective in preventing end-users from acquiring those items. Application of unilateral export controls should be limited for purposes of protecting specific United States national security and foreign policy interests.

(7)The effective administration of export controls requires a clear understanding both inside and outside the United States Government of which items are controlled and an efficient process should be created to regularly update the controls, such as by adding or removing such items.

(8)The export control system must ensure that it is transparent, predictable, and timely, has the flexibility to be adapted to address new threats in the future, and allows seamless access to and sharing of export control information among all relevant United States national security and foreign policy agencies.

(9)Implementation and enforcement of United States export controls require robust capabilities in monitoring, intelligence, and investigation, appropriate penalties for violations, and the ability to swiftly interdict unapproved transfers.

(10)Export controls complement and are a critical element of the national security policies underlying the laws and regulations governing foreign direct investment in the United States, including controlling the transfer of critical technologies to certain foreign persons. Thus, the President, in coordination with the Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the heads of other Federal agencies, as appropriate, should have a regular and robust process to identify the emerging and other types of critical technologies of concern and regulate their release to foreign persons as warranted regardless of the nature of the underlying transaction. Such identification efforts should draw upon the resources and expertise of all relevant parts of the United States Government, industry, and academia. These efforts should be in addition to traditional efforts to modernize and update the lists of controlled items under the multilateral export control regimes.

(11)The authority under this subchapter may be exercised only in furtherance of all of the objectives set forth in paragraphs

(1)through (10).

(Pub. L. 115–232, div. A, title XVII, § 1752, Aug. 13, 2018, 132 Stat. 2210.)

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