{ "id": "RL31832", "type": "CRS Report", "typeId": "REPORTS", "number": "RL31832", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 359994, "date": "2010-04-26", "retrieved": "2016-04-07T01:43:08.387386", "title": "The Export Administration Act: Evolution, Provisions, and Debate", "summary": "The 111th Congress may consider legislation to renew, modify, or reauthorize the Export Administration Act (EAA). On July 31, 2009, Representative Sherman introduced the Export Control Improvements Act (H.R. 3515), co-sponsored by Representative Manzullo and Representative A. Smith, that contains provisions on export controls enforcement, integration of export control data in the AES, and diversion control. The House Foreign Affairs Committee is also reportedly working to produce as comprehensive rewrite of the EAA. As part of the Administration\u2019s export control review, Defense Secretary Robert M. Gates has proposed creating a unified export control structure merging the dual-use and munitions export control regimes, some aspects of which may require legislative consent. \nThrough the EAA, Congress delegates to the executive branch its express constitutional authority to regulate foreign commerce by controlling exports. The EAA provides the statutory authority for export controls on sensitive dual-use goods and technologies: items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological, and chemical weaponry. The EAA, which originally expired in 1989, periodically has been reauthorized for short periods of time, with the last incremental extension expiring in August 2001. At other times and currently, the export licensing system created under the authority of EAA has been continued by the invocation of the International Emergency Economic Powers Act (IEEPA). EAA confers upon the President the power to control exports for national security, foreign policy or short supply purposes. It also authorizes the President to establish export licensing mechanisms for items detailed on the Commerce Control List (CCL), and it provides some guidance and places certain limits on that authority. The CCL currently provides detailed specifications about dual-use items including equipment, materials, software, and technology (including data and know-how) likely requiring some type of export license from the Commerce Department\u2019s Bureau of Industry and Security (BIS). BIS administers the Export Administration Regulations (EAR), which, in addition to the CCL, describe licensing policy and procedures such as commodity classification, licensing, and interagency dispute resolution procedures.\nIn debates on export administration legislation, parties often fall into two camps: those who primarily want to liberalize controls in order to promote exports, and those who believe that further liberalization may compromise national security goals. While it is widely agreed that exports of some goods and technologies can adversely affect U.S. national security and foreign policy, some believe that current export controls can be detrimental to U.S. businesses and to the U.S. economy. According to this view, the resultant loss of competitiveness, market share, and jobs can harm the U.S. economy, and that harm to particular U.S. industries and to the economy itself can negatively impact U.S. security. Others believe that security concerns must be paramount in the U.S. export control system and that export controls can be an effective method to thwart proliferators, terrorist states, and countries that can threaten U.S. national security interests. Controversies have arisen with regard to particular exports such as high performance computers, encryption technology, stealth materials, satellites, machine tools, \u201chot-section\u201d aerospace technology, and the issue of \u201cdeemed exports.\u201d The competing perspectives on export controls have clearly been manifested in the debate over foreign availability and the control of technology, the efficacy of multilateral control regimes, the licensing process and organization of the export control system, and the economic effects of U.S. export controls.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL31832", "sha1": "622b2067da9ea983847550f948641be191dc3c03", "filename": "files/20100426_RL31832_622b2067da9ea983847550f948641be191dc3c03.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL31832", "sha1": "5a0e6300893e1c7a05bb5a4e670619e4b6a0622d", "filename": "files/20100426_RL31832_5a0e6300893e1c7a05bb5a4e670619e4b6a0622d.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc689111/", "id": "RL31832_2009Jul15", "date": "2009-07-15", "retrieved": "2015-08-03T15:06:47", "title": "The Export Administration Act: Evolution, Provisions, and Debate", "summary": "This report discusses the Export Administration Act in terms of its evolution in the 20th century, its major features including the types of controls authorized by the act, the Commerce Control List and export licensing procedures, and issues concerning the maintenance of export controls under IEEPA.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20090715_RL31832_60cddbb2e29f79fa326cfe9dd59fb6d2b74af28f.pdf" }, { "format": "HTML", "filename": "files/20090715_RL31832_60cddbb2e29f79fa326cfe9dd59fb6d2b74af28f.html" } ], "topics": [ { "source": "LIV", "id": "Foreign trade policy", "name": "Foreign trade policy" }, { "source": "LIV", "id": "Foreign trade regulation", "name": "Foreign trade regulation" }, { "source": "LIV", "id": "Exports", "name": "Exports" }, { "source": "LIV", "id": "Trade", "name": "Trade" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc462426/", "id": "RL31832_2009Jan15", "date": "2009-01-15", "retrieved": "2014-12-05T09:57:41", "title": "The Export Administration Act: Evolution, Provisions, and Debate", "summary": "This report discusses the Export Administration Act (EAA) in terms of its evolution in the 20th century, its major features including the types of controls authorized by the act, the Commerce Control List and export licensing procedures, and issues concerning the maintenance of export controls under the International Emergency Economic Powers Act (IEEPA). It then highlights several controlled commodities that have been featured prominently in export control discussions. Finally, it discusses competing business and national security perspectives concerning several of more contentious themes in the export control debate: the controllability of technology, the effectiveness of multilateral control regimes, the organization of the export control system, and the impact of export controls on the U.S. economy and business.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20090115_RL31832_51cc8d0ffc452d97797edbef7ede789a5e3dd140.pdf" }, { "format": "HTML", "filename": "files/20090115_RL31832_51cc8d0ffc452d97797edbef7ede789a5e3dd140.html" } ], "topics": [ { "source": "LIV", "id": "Foreign trade policy", "name": "Foreign trade policy" }, { "source": "LIV", "id": "Foreign trade regulation", "name": "Foreign trade regulation" }, { "source": "LIV", "id": "Exports", "name": "Exports" }, { "source": "LIV", "id": "Trade", "name": "Trade" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc820239/", "id": "RL31832_2008Jan09", "date": "2008-01-09", "retrieved": "2016-03-19T13:57:26", "title": "The Export Administration Act: Evolution, Provisions, and Debate", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20080109_RL31832_a84d895c6e05460b13e9e5a396e22c35611519db.pdf" }, { "format": "HTML", "filename": "files/20080109_RL31832_a84d895c6e05460b13e9e5a396e22c35611519db.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc807828/", "id": "RL31832_2007Sep28", "date": "2007-09-28", "retrieved": "2016-03-19T13:57:26", "title": "The Export Administration Act: Evolution, Provisions, and Debate", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070928_RL31832_4f28e4d999c95894cc0adeec965b7b3f85d276c3.pdf" }, { "format": "HTML", "filename": "files/20070928_RL31832_4f28e4d999c95894cc0adeec965b7b3f85d276c3.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs10445/", "id": "RL31832_2006Jun07", "date": "2006-06-07", "retrieved": "2008-12-11T20:26:19", "title": "The Export Administration Act: Evolution, Provisions, and Debate", "summary": "The 109th Congress may consider legislation to renew and to reauthorize the Export Administration Act (EAA). Said legislation would revise the EAA, especially in the areas of penalties, enforcement, and U.S. policy towards multilateral export control regimes. Through the EAA, Congress delegates to the executive branch its express constitutional authority to regulate foreign commerce by controlling exports. EAA confers upon the President the power to control exports for national security, foreign policy or short supply purposes. Conflicting views on the liberalization of export administration controls, especially concerning particular exports such as high performance computers, encryption technology, stealth materials, satellites, machine tools, \"hot-section\" aerospace technology, and the issue of \"deemed exports.\"", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20060607_RL31832_3e5b20c1e4d3089678224598317a0e697b3b4364.pdf" }, { "format": "HTML", "filename": "files/20060607_RL31832_3e5b20c1e4d3089678224598317a0e697b3b4364.html" } ], "topics": [ { "source": "LIV", "id": "Trade", "name": "Trade" }, { "source": "LIV", "id": "Export controls - Law and legislation", "name": "Export controls - Law and legislation" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs6318/", "id": "RL31832 2005-05-05", "date": "2005-05-05", "retrieved": "2005-06-12T12:21:36", "title": "The Export Administration Act: Evolution, Provisions, and Debate", "summary": "This paper discusses the Export Administration Act in terms of its evolution in the 20th century, its major features including the types of controls authorized by the act, the Commerce Control List and export licensing procedures, and issues concerning the maintenance of export controls under IEEPA. It then highlights several controlled commodities that have been featured prominently in export control discussions. Finally, it discusses competing business and national security perspectives concerning several of more contentious themes in the export control debate: the controllability of technology, the effectiveness of multilateral control regimes, the organization of the export control system, and the impact of export controls on the U.S. economy and business.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20050505_RL31832_58502df0edff4eb8674f33bc054180ea42cbd1f1.pdf" }, { "format": "HTML", "filename": "files/20050505_RL31832_58502df0edff4eb8674f33bc054180ea42cbd1f1.html" } ], "topics": [ { "source": "LIV", "id": "Trade", "name": "Trade" }, { "source": "LIV", "id": "Export controls - Law and legislation", "name": "Export controls - Law and legislation" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs5583/", "id": "RL31832 2003-04-01", "date": "2003-04-01", "retrieved": "2005-06-12T12:20:31", "title": "The Export Administration Act: Evolution, Provisions, and Debate", "summary": "This paper discusses the Export Administration Act in terms of its evolution in the 20th century, its major features including the types of controls authorized by the act, the Commerce Control List and export licensing procedures, and issues concerning the maintenance of export controls under IEEPA. It then highlights several controlled commodities that have been featured prominently in export control discussions. Finally, it discusses competing business and national security perspectives concerning several of more contentious themes in the export control debate: the controllability of technology, the effectiveness of multilateral control regimes, the organization of the export control system, and the impact of export controls on the U.S. economy and business.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20030401_RL31832_525e22d5cc50633aa18cfeb05dce5493ce464e73.pdf" }, { "format": "HTML", "filename": "files/20030401_RL31832_525e22d5cc50633aa18cfeb05dce5493ce464e73.html" } ], "topics": [ { "source": "LIV", "id": "Trade", "name": "Trade" }, { "source": "LIV", "id": "Export controls - Law and legislation", "name": "Export controls - Law and legislation" } ] } ], "topics": [ "Constitutional Questions", "Foreign Affairs", "National Defense" ] }