50 U.S.C. § 4826 — Transition provisions

Page 1218 TITLE 50—WAR AND NATIONAL DEFENSE § 4825 to counterfeit electronics, foundational tech- nologies, and other research and analysis of critical technologies and industrial capabili- ties of key defense-related sectors. (b) Form The report required under subsection (a) shall be submitted in unclassified form, but may con- tain a classified annex. (Pub. L. 115–232, div. A, title XVII, § 1765, Aug. 13, 2018, 132 Stat. 2232.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original ‘‘this part’’, meaning part I (§§ 1751–1768) of sub- title B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified principally to this subchapter. For complete classifica- tion 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. Section 4817 of this title, referred to in subsec. (a)(8), was in the original ‘‘section 1759’’, and was translated as meaning section 1758 of Pub. L. 115–232, which relates to requirements to identify and control the export of emerging and foundational technologies and is classi- fied to section 4817 of this title, to reflect the probable intent of Congress. § 4825. Effect on other acts (a) In general Except as otherwise provided in this sub- chapter, nothing contained in this subchapter shall be construed to modify, repeal, supersede, or otherwise affect the provisions of any other laws authorizing control over the export or reex- port of any item. (b) Coordination of controls (1) In general The authority granted to the President under this subchapter shall be exercised in such manner so as to achieve effective coordi- nation with the authority exercised under sec- tion 38 of the Arms Export Control Act (22 U.S.C. 2778) and all other export control and sanctions authorities exercised by Federal de- partments and agencies, particularly the De- partment of State, the Department of the Treasury, and the Department of Energy. (2) Sense of Congress It is the sense of Congress that in order to achieve effective coordination described in paragraph (1), such Federal departments and agencies— (A) should continuously work to create en- forceable regulations with respect to the ex- port, reexport, and in-country transfer by United States and foreign persons of com- modities, software, technology, and services to various end uses and end users for foreign policy and national security reasons; (B) should regularly work to reduce com- plexity in the system, including complexity caused merely by the existence of struc- tural, definitional, and other non-policy based differences between and among dif- ferent export control and sanctions systems; and (C) should coordinate controls on items ex- ported, reexported, or in-country transferred in connection with a foreign military sale under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) or a commercial sale under section 38 of the Arms Export Control Act [22 U.S.C. 2778] to reduce as much unnecessary administrative burden as possible that is a result of differences be- tween the exercise of those two authorities. (c) Nonproliferation controls Nothing in this subchapter shall be construed to supersede the procedures published by the President pursuant to section 2139a(c) of title 42. (Pub. L. 115–232, div. A, title XVII, § 1767, Aug. 13, 2018, 132 Stat. 2233.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘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 classified prin- cipally to this subchapter. For complete classification 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. The Arms Export Control Act, referred to in subsec. (b)(2)(C), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320. Chapter 2 of the Act is classified generally to sub- chapter II (§ 2761 et seq.) of chapter 39 of Title 22, For- eign Relations and Intercourse. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables. § 4826. Transition provisions (a) In general All delegations, rules, regulations, orders, de- terminations, licenses, or other forms of admin- istrative action that have been made, issued, conducted, or allowed to become effective under the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in effect on the day before Au- gust 13, 2018, and as continued in effect pursuant to the International Emergency Economic Pow- ers Act (50 U.S.C. 1701 et seq.)), or the Export Administration Regulations, and are in effect as of August 13, 2018, shall continue in effect ac- cording to their terms until modified, super- seded, set aside, or revoked under the authority of this subchapter. (b) Administrative and judicial proceedings This subchapter shall not affect any adminis- trative or judicial proceedings commenced, or any applications for licenses made, under the Export Administration Act of 1979 (as in effect on the day before August 13, 2018, and as contin- ued in effect pursuant to the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.]), or the Export Administration Regula- tions. (c) Certain determinations and references (1) State sponsors of terrorism Any determination that was made under sec- tion 6(j) of the Export Administration Act of 1979 (as in effect on the day before August 13, 2018, and as continued in effect pursuant to the International Emergency Economic Powers Page 1219 TITLE 50—WAR AND NATIONAL DEFENSE § 4842 Act [50 U.S.C. 1701 et seq.]) shall continue in effect as if the determination had been made under section 4813(c) of this title. (2) Reference Any reference in any other provision of law to a country the government of which the Sec- retary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as in effect on the day before August 13, 2018, and as continued in effect pursuant to the International Emergency Economic Pow- ers Act [50 U.S.C. 1701 et seq.]), is a govern- ment that has repeatedly provided support for acts of international terrorism shall be deemed to refer to a country the government of which the Secretary of State has deter- mined, for purposes of section 4813(c) of this title, is a government that has repeatedly pro- vided support for acts of international ter- rorism. (Pub. L. 115–232, div. A, title XVII, § 1768, Aug. 13, 2018, 132 Stat. 2233.) Editorial Notes REFERENCES IN TEXT The Export Administration Act of 1979, referred to in text, is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of this title and was substantially repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. Section 6(j) of the Act was classified to sec- tion 4605(j) of this title prior to repeal. For complete classification of this Act to the Code, see Tables. The International Emergency Economic Powers Act, referred to in text, is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chap- ter 35 (§ 1701 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. This subchapter, referred to in subsecs. (a) and (b), 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 classified principally to this subchapter. For complete classification of part I to the Code, see sec- tion 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables. SUBCHAPTER II—ANTI-BOYCOTT ACT OF 2018 § 4841. Statement of policy Congress declares it is the policy of the United States— (1) to oppose restrictive trade practices or boycotts fostered or imposed by any foreign country against other countries friendly to the United States or against any United States person; (2) to encourage and, in specified cases, re- quire United States persons engaged in the ex- port of goods or technology or other informa- tion to refuse to take actions, including fur- nishing information or entering into or imple- menting agreements, which have the effect of furthering or supporting the restrictive trade practices or boycotts fostered or imposed by any foreign country against a country friendly to the United States or any United States per- son; and (3) to foster international cooperation and the development of international rules and in- stitutions to assure reasonable access to world supplies. (Pub. L. 115–232, div. A, title XVII, § 1772, Aug. 13, 2018, 132 Stat. 2234.) § 4842. Foreign boycotts (a) Prohibitions and exceptions (1) Prohibitions For the purpose of implementing the policies set forth in section 4841 of this title, the Presi- dent shall issue regulations prohibiting any United States person, with respect to that per- son’s activities in the interstate or foreign commerce of the United States, from taking or knowingly agreeing to take any of the fol- lowing actions with intent to comply with, further, or support any boycott fostered or im- posed by any foreign country, against a coun- try which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or reg- ulation: (A) Refusing, or requiring any other person to refuse, to do business with or in the boy- cotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, pursuant to an agreement with, a require- ment of, or a request from or on behalf of the boycotting country. The mere absence of a business relationship with or in the boy- cotted country with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, does not indicate the existence of the intent required to establish a violation of regula- tions issued to carry out this subparagraph. (B) Refusing, or requiring any other person to refuse, to employ or otherwise discrimi- nating against any United States person on the basis of race, religion, sex, or national origin of that person or of any owner, offi- cer, director, or employee of such person. (C) Furnishing information with respect to the race, religion, sex, or national origin of any United States person or of any owner, officer, director, or employee of such person. (D) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a rela- tionship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the boycotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted coun- try, or with any other person which is known or believed to be restricted from hav- ing any business relationship with or in the boycotting country. Nothing in this subpara- graph shall prohibit the furnishing of nor- mal business information in a commercial context as defined by the Secretary. (E) Furnishing information about whether any person is a member of, has made con- tributions to, or is otherwise associated with or involved in the activities of any chari-