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50 U.S.C. § 4614 to 4621 — Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4614 to 4621 — Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232

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Stable record: federal_law:legal_authorities:record_usc_cc53e33c473f0d1fa39a134a
Source file: Laws/federal/codes/united-states-code/title-50/section-4614-to-4621-50-u-s-c-4614-to-4621-repealed-pub-l-115232-div-a-title-xvii-1766-a-aug--2c07648848.md
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Source location: Title 50, Chapter 56, § 4614 to 4621; chapter-056-export-administration.md

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### Statutory Notes Section 4614, Pub. L. 96–72, § 12, Sept. 29, 1979, 93 Stat. 530; Pub. L. 97–145, §§ 3, 5, Dec. 29, 1981, 95 Stat. 1727, 1728; Pub. L. 99–64, title I, § 113, July 12, 1985, 99 Stat. 148; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–418, title II, § 2427, Aug. 23, 1988, 102 Stat. 1361; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210, related to enforcement authority under this chapter. See [section 4820 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4820&num=0&edition=prelim). Section 4615, Pub. L. 96–72, § 13, Sept. 29, 1979, 93 Stat. 531; Pub. L. 99–64, title I, § 114, July 12, 1985, 99 Stat. 150; Pub. L. 100–418, title II, § 2428, Aug. 23, 1988, 102 Stat. 1361, related to administrative procedure and judicial review. See [section 4821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4821&num=0&edition=prelim). Section 4616, Pub. L. 96–72, § 14, Sept. 29, 1979, 93 Stat. 532; Pub. L. 99–64, title I, § 115, July 12, 1985, 99 Stat. 152; Pub. L. 100–418, title II, §§ 2418(c), 2445, Aug. 23, 1988, 102 Stat. 1357, 1369, related to annual report on the administration of this chapter. See [section 4824 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4824&num=0&edition=prelim). Section 4617, Pub. L. 96–72, § 15, Sept. 29, 1979, 93 Stat. 533; Pub. L. 99–64, title I, § 116(a), July 12, 1985, 99 Stat. 152; Pub. L. 100–418, title II, §§ 2420(b), 2429, Aug. 23, 1988, 102 Stat. 1358, 1362, related to appointment of Under Secretary of Commerce for Export Administration and issuance of regulations. Section 4618, Pub. L. 96–72, § 16, Sept. 29, 1979, 93 Stat. 533; Pub. L. 99–64, title I, § 117, July 12, 1985, 99 Stat. 153, defined terms as used in this chapter. See [section 4801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4801&num=0&edition=prelim). Section 4619, Pub. L. 96–72, § 17, Sept. 29, 1979, 93 Stat. 534; Pub. L. 99–64, title I, § 118, July 12, 1985, 99 Stat. 154, related to effect of this chapter on other laws authorizing control over exports. See [section 4825 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4825&num=0&edition=prelim). Section 4620, Pub. L. 96–72, § 18, Sept. 29, 1979, 93 Stat. 534; Pub. L. 97–145, § 2(a), Dec. 29, 1981, 95 Stat. 1727; Pub. L. 99–64, title I, § 119, July 12, 1985, 99 Stat. 154; Pub. L. 99–633, § 1, Nov. 7, 1986, 100 Stat. 3522; Pub. L. 100–418, title II, § 2430, Aug. 23, 1988, 102 Stat. 1362; Pub. L. 103–10, § 1, Mar. 27, 1993, 107 Stat. 40, related to authorization of appropriations. Section 4621, Pub. L. 96–72, § 19(a), Sept. 29, 1979, 93 Stat. 535, set forth the effective date of this chapter. Former sections 4614 to 4621 were formerly classified to sections 2411 to 2418 of the former Appendix to this title, respectively, prior to editorial reclassification and renumbering. Prior sections 2411 to 2413 of the former Appendix to this title expired with the expiration of Pub. L. 91–184 on Sept. 30, 1979. Section 2411, Pub. L. 91–184, § 12, Dec. 30, 1969, 83 Stat. 846, related to the effect of other acts on provisions of the Export Administration Act of 1969. Section 2412, Pub. L. 91–184, § 14, formerly § 13, Dec. 30, 1969, 83 Stat. 847; renumbered § 14, Pub. L. 95–52, title I, § 102, June 22, 1977, 91 Stat. 235, set forth the effective date of the Export Administration Act of 1969. Section 2413, Pub. L. 91–184, § 15, formerly § 14, Dec. 30, 1969, 83 Stat. 847; Pub. L. 92–37, June 30, 1971, 85 Stat. 89; Pub. L. 92–150, Oct. 30, 1971, 85 Stat. 416; Pub. L. 92–284, Apr. 29, 1972, 86 Stat. 133; Pub. L. 92–412, title I, § 106, Aug. 29, 1972, 86 Stat. 646; Pub. L. 93–327, June 30, 1974, 88 Stat. 287; Pub. L. 93–372, Aug. 14, 1974, 88 Stat. 444; Pub. L. 93–500, § 13, Oct. 29, 1974, 88 Stat. 1557; renumbered § 15 and amended Pub. L. 95–52, title I, §§ 101, 102, June 22, 1977, 91 Stat. 235, provided for the termination of authority granted by the Export Administration Act of 1969. #### Application of Certain Provisions of Export Administration Act of 1979 Pub. L. 113–276, title II, § 209, Dec. 18, 2014, 128 Stat. 2994, provided that: “(a) Protection of Information.—Section 12(c) of the Export Administration Act of 1979 (50 U.S.C. App. 2411(c)) [former [50 U.S.C. 4614(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4614/c&num=0&edition=prelim)] has been in effect from August 20, 2001, and continues in effect on and after the date of the enactment of this Act [Dec. 18, 2014], 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 notwithstanding section 20 of the Export Administration Act of 1979 (50 U.S.C. App. 2419) [former [50 U.S.C. 4622](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4622&num=0&edition=prelim)]. Section 12(c)(1) of the Export Administration Act of 1979 is a statute covered by [section 552(b)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim), United States Code. “(b) Termination Date.—Subsection (a) terminates at the end of the 4-year period beginning on the date of the enactment of this Act [Dec. 18, 2014].”

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4820 — Penalties

**(a) Unlawful acts** (1) **In general** — It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of this subchapter or of any regulation, order, license, or other authorization issued under this subchapter, including any of the unlawful acts described in paragraph (2). (2) **Specific unlawful acts** — The unlawful acts described in this paragraph are the following: (A) No person may engage in any conduct prohibited by or contrary to, or refrain from engaging in any conduct required by this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder. (B) No person may cause or aid, abet, counsel, command, induce, procure, permit, or approve the doing of any act prohibited, or the omission of any act required by this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder. (C) No person may solicit or attempt a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder. (D) No person may conspire or act in concert with one or more other persons in any manner or for any purpose to bring about or to do any act that constitutes a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder. (E) No person may order, buy, remove, conceal, store, use, sell, loan, dispose of, transfer, transport, finance, forward, or otherwise service, in whole or in part, or conduct negotiations to facilitate such activities for, any item exported or to be exported from the United States, or that is otherwise subject to the Export Administration Regulations, with knowledge that a violation of this

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4821 — Enforcement

**(a) Authorities** In order to enforce this subchapter, the Secretary, on behalf of the President, may exercise, in addition to relevant enforcement authorities of other Federal agencies, the authority to— (1) issue orders and guidelines; (2) require, inspect, and obtain books, records, and any other information from any person subject to the provisions of this subchapter; (3) administer oaths or affirmations and by subpoena require any person to appear and testify or to appear and produce books, records, and other writings, or both; (4) conduct investigations within the United States and outside the United States consistent with applicable law; (5) inspect, search, detain, seize, or issue temporary denial orders with respect to items, in any form, that are subject to controls under this subchapter, or conveyances on which it is believed that there are items that have been, are being, or are about to be exported, reexported, or in-country transferred in violation of this subchapter, or any regulations, order, license, or other authorization issued thereunder; (6) carry firearms; (7) conduct prelicense inspections and post-shipment verifications; and (8) execute warrants and make arrests. **(b) Undercover investigations** (1) **In general** — Amounts made available to carry out this subchapter may be used by the Secretary to carry out undercover investigations that are necessary for detection and prosecution of violations of this subchapter, including to— (A) purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to— (i) sections 1341 and 3324 of title 31; (ii) [section 8141 of title 40](https://uscode.house.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4825 — Annual report to Congress

**(a) In general** The Secretary shall submit to Congress, by December 31 of each year, a report on the implementation of this subchapter during the preceding fiscal year. The report shall include a review of— (1) the effect of controls imposed under this subchapter on exports, reexports, and in-country transfers of items in addressing threats to the national security or foreign policy of the United States, including a description of licensing processing times; (2) the impact of such controls on the scientific and technological leadership of the United States; (3) the consistency with such controls of export controls imposed by other countries; (4) efforts to provide exporters with compliance assistance, including specific actions to assist small- and medium-sized businesses; (5) a summary of regulatory changes from the prior fiscal year; (6) a summary of export enforcement actions, including of actions taken to implement end-use monitoring of dual-use, military, and other items subject to the Export Administration Regulations; (7) a summary of approved license applications to proscribed persons; (8) efforts undertaken within the previous year to comply with the requirements of section 4817 11 See References in Text note below. of this title, including any critical technologies identified under such section and how or whether such critical technologies were controlled for export; and (9) a summary of industrial base assessments conducted during the previous year by the Department of Commerce, including with respect to counterfeit electronics, foundational technologies, and other research and analysis of critical technologies and industrial capabilities of key defense-related sectors. **(b) Form** The report required under subsection (a) shall be submitted in u

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4824 — Consultation with other agencies on commodity classification

Notwithstanding any other provision of law, the Secretary shall consult with the Secretary of Defense, the Secretary of State, and the Secretary of Energy, as appropriate, regarding commodity classifications for any item the Secretary and the Secretary of Defense, the Secretary of State, and the Secretary of Energy identify and mutually determine is materially significant enough to warrant interagency consultation.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4801 — Assistant Secretaries of Commerce

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; dec-

Page 151 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 CHAPTER 35—INTERNATIONAL EMERGENCY ECONOMIC POWERS Sec. 1701. Unusual and extraordinary threat; declara- tion of national emergency; exercise of Presidential authorities. 1702. Presidential authorities. 1703. Consultation and reports. 1704. Authority to issue regulations. 1705. Penalties. 1706. Savings provisions. 1707. Multinational economic embargoes against governments in armed conflict with the United States. 1708. Actions to address economic or industrial es- pionage in cyberspace. 1709. Imposition of sanctions with respect to theft of trade secrets of United States persons. 1710. Confronting asymmetric and malicious cyber activities. § 1701. Unusual and extraordinary threat; dec- laration of national emergency; exercise of Presidential authorities (a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national secu- rity, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. (b) The authorities granted to the President by section 1702 of this title may only be exer- cised to deal with an unusual and extraordinary threat with respect to which a national emer- gency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new dec- laration of national emergency which must be with respect to such threat. (Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91 Stat. 1626.) Statutory Notes and Related Subsidiaries SHORT TITLE

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4614 — Untitled legal text

Page 1194 TITLE 50—WAR AND NATIONAL DEFENSE §§ 4614 to 4621 (E) to medical or other humanitarian items. (d) Termination of sanctions The sanctions imposed pursuant to this sec- tion shall apply for a period of at least 12 months following the imposition of sanctions and shall cease to apply thereafter only if the President determines and certifies to the Con- gress that reliable information indicates that the foreign person with respect to which the de- termination was made under subsection (a)(1) has ceased to aid or abet any foreign govern- ment, project, or entity in its efforts to acquire chemical or biological weapons capability as de- scribed in that subsection. (e) Waiver (1) Criterion for waiver The President may waive the application of any sanction imposed on any person pursuant to this section, after the end of the 12-month period beginning on the date on which that sanction was imposed on that person, if the President determines and certifies to the Con- gress that such waiver is important to the na- tional security interests of the United States. (2) Notification of and report to Congress If the President decides to exercise the waiv- er authority provided in paragraph (1), the President shall so notify the Congress not less than 20 days before the waiver takes effect. Such notification shall include a report fully articulating the rationale and circumstances which led the President to exercise the waiver authority. (f) Definition of foreign person For the purposes of this section, the term ‘‘foreign person’’ means— (1) an individual who is not a citizen of the United States or an alien admitted for perma- nent residence to the United States; or (2) a corporation, partnership, or other enti- ty which is created or organized und

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4622 — Untitled legal text

Page 1195 TITLE 50—WAR AND NATIONAL DEFENSE §§ 4622, 4623 related to enforcement authority under this chapter. See section 4820 of this title. Section 4615, Pub. L. 96–72, § 13, Sept. 29, 1979, 93 Stat. 531; Pub. L. 99–64, title I, § 114, July 12, 1985, 99 Stat. 150; Pub. L. 100–418, title II, § 2428, Aug. 23, 1988, 102 Stat. 1361, related to administrative procedure and judicial review. See section 4821 of this title. Section 4616, Pub. L. 96–72, § 14, Sept. 29, 1979, 93 Stat. 532; Pub. L. 99–64, title I, § 115, July 12, 1985, 99 Stat. 152; Pub. L. 100–418, title II, §§ 2418(c), 2445, Aug. 23, 1988, 102 Stat. 1357, 1369, related to annual report on the admin- istration of this chapter. See section 4824 of this title. Section 4617, Pub. L. 96–72, § 15, Sept. 29, 1979, 93 Stat. 533; Pub. L. 99–64, title I, § 116(a), July 12, 1985, 99 Stat. 152; Pub. L. 100–418, title II, §§ 2420(b), 2429, Aug. 23, 1988, 102 Stat. 1358, 1362, related to appointment of Under Secretary of Commerce for Export Administration and issuance of regulations. Section 4618, Pub. L. 96–72, § 16, Sept. 29, 1979, 93 Stat. 533; Pub. L. 99–64, title I, § 117, July 12, 1985, 99 Stat. 153, defined terms as used in this chapter. See section 4801 of this title. Section 4619, Pub. L. 96–72, § 17, Sept. 29, 1979, 93 Stat. 534; Pub. L. 99–64, title I, § 118, July 12, 1985, 99 Stat. 154, related to effect of this chapter on other laws author- izing control over exports. See section 4825 of this title. Section 4620, Pub. L. 96–72, § 18, Sept. 29, 1979, 93 Stat. 534; Pub. L. 97–145, § 2(a), Dec. 29, 1981, 95 Stat. 1727; Pub. L. 99–64, title I, § 119, July 12, 1985, 99 Stat. 154; Pub. L. 99–633, § 1, Nov. 7, 1986, 100 Stat. 3522; Pub. L. 100–418, title II, § 2430, Aug. 23, 1988, 102 Stat

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