50 U.S.C. § 4814 — Administration of export controls

Page 1207 TITLE 50—WAR AND NATIONAL DEFENSE § 4815 ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. IEEPA, referred to in subsec. (b), is the International Emergency Economic Powers Act, title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. § 4814. Administration of export controls (a) In general The President shall rely on, including through delegations, as appropriate, the Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, the Director of National Intelligence, and the heads of other Federal agencies as appropriate, to exercise the author- ity to carry out the purposes set forth in sub- section (b). (b) Purposes The purposes of this section include to— (1) advise the President with respect to— (A) identifying specific threats to the na- tional security and foreign policy that the authority of this subchapter may be used to address; and (B) exercising the authority under this subchapter to implement policies, regula- tions, procedures, and actions that are nec- essary to effectively counteract those threats; (2) review and approve— (A) criteria for including items on, and re- moving such an item from, a list of con- trolled items established under this sub- chapter; (B) an interagency procedure for compiling and amending any list described in subpara- graph (A); (C) criteria for including a person on a list of persons to whom exports, reexports, and in-country transfers of items are prohibited or restricted under this subchapter; (D) standards for compliance by persons subject to controls under this subchapter; and (E) policies and procedures for the end-use monitoring of exports, reexports, and in- country transfers of items controlled under this subchapter; and (3) benefit from the inherent equities, expe- rience, and capabilities of the Federal officials described in subsection (a). (c) Sense of Congress It is the sense of Congress that the adminis- tration of export controls under this subchapter should be consistent with the procedures relat- ing to export license applications described in Executive Order 12981 (1995). (Pub. L. 115–232, div. A, title XVII, § 1755, Aug. 13, 2018, 132 Stat. 2216.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (b)(1), (2) and (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 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. Executive Order 12981, referred to in subsec. (c), is Ex. Ord. No. 12981, Dec. 5, 1995, 60 F.R. 62981, which is set out as a note under former section 4603 of this title. § 4815. Licensing (a) In general The Secretary shall, consistent with delega- tions as described in section 4814 of this title, es- tablish a procedure to license or otherwise au- thorize the export, reexport, and in-country transfer of items controlled under this sub- chapter in order to carry out the policy set forth in section 4811 of this title and the requirements set forth in section 4812(b) of this title. The pro- cedure 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 expedi- tious manner, with transparency to applicants on the status of license and other authoriza- tion 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 accu- rate, consistent, and timely evaluation and processing of licenses or other requests for au- thorization 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 de- fense industrial base, as described in para- graph (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 produc- tion of items relevant for the defense indus- trial base outside the United States. (3) Significantly negative impact defined A significant negative impact on the United States defense industrial base is the following: