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50 U.S.C. § 4816 — Licensing
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall, consistent with delegations as described in [section 4814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4814&num=0&edition=prelim), establish a procedure to license or otherwise authorize the export, reexport, and in-country transfer of items controlled under this subchapter in order to carry out the policy set forth in [section 4811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4811&num=0&edition=prelim) and the requirements set forth in [section 4812(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4812/b&num=0&edition=prelim). The procedure shall ensure that—
(1) license applications and other requests for authorization are considered and decisions made with the participation of appropriate Federal agencies, as appropriate; and
(2) licensing decisions are made in an expeditious manner, with transparency to applicants on the status of license and other authorization processing and the reason for denying any license or request for authorization.
**(b) Sense of Congress** It is the sense of Congress that the Secretary should make best efforts to ensure that an accurate, consistent, and timely evaluation and processing of licenses or other requests for authorization to export, reexport, or in-country transfer items controlled under this subchapter is generally accomplished within 30 days from the date of such license request.
**(c) Fees** No fee may be charged in connection with the submission, processing, or consideration of any application for a license or other authorization or other request made in connection with any regulation in effect under the authority of this subchapter.
**(d) Additi
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Stable record: federal_law:legal_authorities:record_usc_298b4964ab27a740338aa9a0
Source file: Laws/federal/codes/united-states-code/title-50/section-4816-licensing--3a4639d555.md
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Source location: Title 50, Chapter 58, § 4816; chapter-058-export-control-reform.md
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**(a) In general** The Secretary shall, consistent with delegations as described in [section 4814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4814&num=0&edition=prelim), establish a procedure to license or otherwise authorize the export, reexport, and in-country transfer of items controlled under this subchapter in order to carry out the policy set forth in [section 4811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4811&num=0&edition=prelim) and the requirements set forth in [section 4812(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4812/b&num=0&edition=prelim). The procedure shall ensure that—
(1) license applications and other requests for authorization are considered and decisions made with the participation of appropriate Federal agencies, as appropriate; and
(2) licensing decisions are made in an expeditious manner, with transparency to applicants on the status of license and other authorization processing and the reason for denying any license or request for authorization.
**(b) Sense of Congress** It is the sense of Congress that the Secretary should make best efforts to ensure that an accurate, consistent, and timely evaluation and processing of licenses or other requests for authorization to export, reexport, or in-country transfer items controlled under this subchapter is generally accomplished within 30 days from the date of such license request.
**(c) Fees** No fee may be charged in connection with the submission, processing, or consideration of any application for a license or other authorization or other request made in connection with any regulation in effect under the authority of this subchapter.
**(d) Additional procedural requirements**
(1) **In general** — The procedure required under subsection (a) shall provide for the assessment of the impact of a proposed export of an item on the United States defense industrial base and the denial of an application for a license or a request for an authorization of any export that would have a significant negative impact on such defense industrial base, as described in paragraph (3).
(2) **Information from applicant** — The procedure required under subsection (a) shall also require an applicant for a license to provide the information necessary to make the assessment provided under paragraph (1), including whether the purpose or effect of the export is to allow for the significant production of items relevant for the defense industrial base outside the United States.
(3) **Significantly negative impact defined** — A significant negative impact on the United States defense industrial base is the following:
(A) A reduction in the availability of an item produced in the United States that is likely to be acquired by the Department of Defense or other Federal department or agency for the advancement of the national security of the United States, or for the production of an item in the United States for the Department of Defense or other agency for the advancement of the national security of the United States.
(B) A reduction in the production in the United States of an item that is the result of research and development carried out, or funded by, the Department of Defense or other Federal department or agency to advance the national security of the United States, or a federally funded research and development center.
(C) A reduction in the employment of United States persons whose knowledge and skills are necessary for the continued production in the United States of an item that is likely to be acquired by the Department of Defense or other Federal department or agency for the advancement of the national security of the United States.
**(e) Report**
(1) **In general** — Not later than one year after August 19, 2025, and not less frequently than annually thereafter, the Secretary,11 So in original. The comma probably should not appear. shall, subject to the availability of appropriations, submit to the appropriate congressional committees a report on end-use checks related to, as well as license applications and other requests for authorization for the export, reexport, release, and in-country transfer of items controlled under this subchapter to covered entities.
(2) **Elements** — The report required by paragraph (1) shall include, with respect to the preceding one year-period, the following:
(A) For each license application or other request for authorization, the name of the entity submitting the application, a brief description of the item (including the Export Control Classification Number (ECCN) and reason for control, if applicable), the name of the end-user, the end-user’s location, a value estimate, decision with respect to the license application or authorization, and the date of submission.
(B) The date, location, and result of any end-use checks, to ensure compliance with United States export controls.
(C) Aggregate statistics on all license applications and other requests for authorization as described in subparagraph (A).
(3) **Confidentiality of information** — The information required to be provided in the reports required by this subsection (other than the information required by paragraph (2)(C)) shall be exempt from public disclosure pursuant to [section 4820(h)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4820/h/1&num=0&edition=prelim).
(4) **Protecting enforcement information** — In preparing and submitting a report under subsection (e),22 So in original. the Secretary shall ensure that information that may jeopardize an ongoing investigation shall not be included in the contents of the report.
(5) **Definitions** — In this subsection—
(A) the term “appropriate congressional committees” means—
(i) the Committee on Foreign Affairs of the House of Representatives; and
(ii) the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(B) the term “covered entity” means any entity that—
(i) is located in a country listed in Country Group D:5 under Supplement No. 1 to part 740 of title 15, Code of Federal Regulations; and
(ii) is included on—
(I) the list maintained and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations; or
(II) the list maintained and set forth in Supplement No. 7 to part 744 of the Export Administration Regulations.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Controlled** — The term “controlled” refers to an item subject to the jurisdiction of the United States under subchapter I.
(2) **Dual-use** — The term “dual-use”, with respect to an item, means the item has civilian applications and military, terrorism, weapons of mass destruction, or law-enforcement-related applications.
(3) **Export** — The term “export”, with respect to an item subject to controls under subchapter I, includes—
(A) the shipment or transmission of the item out of the United States, including the sending or taking of the item out of the United States, in any manner; and
(B) the release or transfer of technology or source code relating to the item to a foreign person in the United States.
(4) **Export Administration Regulations** — The term “Export Administration Regulations” means—
(A) the Export Administration Regulations as promulgated, maintained, and amended under the authority of the International Emergency Economic Powers Act [[50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.] and codified, as of August 13, 2018, in subchapter C of chapter VII of title 15, Code of Federal Regulations; or
(B) regulations that are promulgated, maintained, and amended under the authority of subchapter I on or after August 13, 2018.
(5) **Foreign person** — The term “foreign person” means—
(A) any natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual (as such term is defined in [section 1324b(a)(3) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324b/a/3&num=0&edition=prelim));
(B) any corporation, business association, p
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4811
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In carrying out this subchapter on behalf of the President, the Secretary, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the heads of other Federal agencies as appropriate, shall—
(1) establish and maintain a list of items that are controlled under this subchapter;
(2) establish and maintain a list of foreign persons and end-uses that are determined to be a threat to the national security and foreign policy of the United States pursuant to the policy set forth in [section 4811(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4811/2/A&num=0&edition=prelim);
(3) prohibit unauthorized exports, reexports, and in-country transfers of controlled items, including to foreign persons in the United States or outside the United States;
(4) restrict exports, reexports, and in-country transfers of any controlled items to any foreign person or end-use listed under paragraph (2);
(5) require licenses or other authorizations, as appropriate, for exports, reexports, and in-country transfers of controlled items, including—
(A) imposing conditions or restrictions on United States persons and foreign persons with respect to such licenses or other authorizations; and
(B) suspending or revoking such licenses or authorizations;
(6) establish a process for an assessment to determine whether a foreign item is comparable in quality to an item controlled under this subchapter, and is available in sufficient quantities to render the United States export control of that item or the denial of a license ineffective, including a mechanism to address that disparity;
(7) require measures for compliance with the export controls established under this subchapter;
(8) requi
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4814
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The President shall appoint, by and with the advice and consent of the Senate, two Assistant Secretaries of Commerce to assist the Under Secretary of Commerce for Industry and Security in carrying out the functions described in paragraphs (1) and (2) of [section 4851(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4851/a&num=0&edition=prelim).
**(b) Continuation in office of one Assistant Secretary** An individual appointed as an Assistant Secretary of Commerce under section 15(a) of the Export Administration Act of 1979 11 See References in Text note below. (as continued in effect pursuant to the International Emergency Economic Powers Act ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.)) and serving in that position on the day before the date of the enactment of this Act may serve in one of the Assistant Secretary positions established under subsection (a) on and after that date without the need for renomination or reappointment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) System for seeking assistance** The President may authorize the Secretary to establish a system to provide United States persons with assistance in complying with this subchapter, which may include a mechanism for providing information, in classified form as appropriate, to persons who are potential customers, suppliers, or business partners with respect to items controlled under this subchapter, in order to further ensure the prevention of the export, reexport, or in-country transfer of items that may pose a threat to the national security or foreign policy of the United States.
**(b) Security clearances** In order to carry out subsection (a), the President may issue appropriate security clearances to persons described in that subsection who are responsible for complying with this subchapter.
**(c) Assistance for certain businesses**
(1) **In general** — Not later than 120 days after August 13, 2018, the President shall develop and submit to Congress a plan to assist small- and medium-sized United States businesses in export licensing and other processes under this subchapter.
(2) **Contents** — The plan shall include, among other things, arrangements for the Department of Commerce to provide counseling to businesses described in paragraph (1) on filing applications and identifying items controlled under this subchapter, as well as proposals for seminars and conferences to educate such businesses on export controls, licensing procedures, and related obligations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4817
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Federal law — U.S. Code and appendices · legal_authorities
Page 1208
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4816
(A) A reduction in the availability of an
item produced in the United States that is
likely to be acquired by the Department of
Defense or other Federal department or
agency for the advancement of the national
security of the United States, or for the pro-
duction of an item in the United States for
the Department of Defense or other agency
for the advancement of the national security
of the United States.
(B) A reduction in the production in the
United States of an item that is the result of
research and development carried out, or
funded by, the Department of Defense or
other Federal department or agency to ad-
vance the national security of the United
States, or a federally funded research and
development center.
(C) A reduction in the employment of
United States persons whose knowledge and
skills are necessary for the continued pro-
duction in the United States of an item that
is likely to be acquired by the Department
of Defense or other Federal department or
agency for the advancement of the national
security of the United States.
(Pub. L. 115–232, div. A, title XVII, § 1756, Aug. 13,
2018, 132 Stat. 2217.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (a) to (c), was
in the original ‘‘this part’’, meaning part I (§§ 1751–1768)
of subtitle B of title XVII of div. A of Pub. L. 115–232,
known as the Export Controls Act of 2018, which is clas-
sified principally to this subchapter. For complete clas-
sification of part I to the Code, see section 1751 of Pub.
L. 115–232, set out as a Short Title note under section
4801 of this title and Tables.
§ 4816. Compliance assistance
(a) System for seeking assistance
The President may authorize the Secretary to
es
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4816
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