Long title | An Act to provide authority to regulate exports, to improve the efficiency of export regulation, and to minimize interference with the ability to engage in commerce. |
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Acronyms (colloquial) | EAA |
Nicknames | Export Administration Act Amendments of 1979 |
Enacted by | the 96th United States Congress |
Effective | September 29, 1979 |
Citations | |
Public law | 96-72 |
Statutes at Large | 93 Stat. 503 |
Codification | |
Titles amended | 50 U.S.C.: War and National Defense |
U.S.C. sections amended | 50 U.S.C. ch. Appendix - Export Regulation § 2401 et seq. |
Legislative history | |
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The Export Administration Act (EAA) of 1979 (P.L. 96-72) authorized to the President to control U.S. exports for national security, foreign policy, and short supply purposes. The EAA, like its predecessors, contained a sunset provision, and, beginning in the mid-1980s, Congress let the EAA lapse several times. Each time, the President kept controls on exports in force by declaring an emergency under the National Emergencies Act and invoking authorities under the International Emergency Economic Powers Act. [1]
The Act was mostly repealed by the Export Control Reform Act of 2018. [2] That law provided a statutory basis for the Export Administration Regulations (EAR) and did not include any sunset provisions. However, "because the implementation of certain sanctions authorities, including sections 11A, 11B, and 11C of the Export Administration Act ... is to be carried out under the International Emergency Economic Powers Act," [3] the president must continue to use IEEPA to maintain the national emergency under which those sanctions were implemented.
The U.S. Department of Commerce's Bureau of Industry and Security is charged with enforcing and administering the anti-boycott laws under the Export Administration Act.
"Those laws discourage, and in some circumstances, prohibit U.S. companies from furthering or supporting the boycott of Israel sponsored by the Arab League, and certain Muslim countries, including complying with certain requests for information designed to verify compliance with the boycott." [4]
The Bureau of Industry and Security (BIS) is an agency of the United States Department of Commerce that deals with issues involving national security and high technology. A principal goal for the bureau is helping stop the proliferation of weapons of mass destruction, while furthering the growth of United States exports. The Bureau is led by the Under Secretary of Commerce for Industry and Security.
The Office of Foreign Assets Control (OFAC) is a financial intelligence and enforcement agency of the United States Treasury Department. It administers and enforces economic and trade sanctions in support of U.S. national security and foreign policy objectives. Under presidential national emergency powers, OFAC carries out its activities against foreign governments, organizations, and individuals deemed a threat to U.S. national security.
The Coordinating Committee for Multilateral Export Controls (CoCom) was established in 1949 at the beginning of the Cold War to coordinate controls on exports from Western Bloc countries to the Soviet Union to the Soviet Union and its allies. CoCom ceased to function on March 31, 1994, and the then-current control list of embargoed goods was retained by the member nations until the Wassenaar Arrangement was established in 1996.
The export of cryptography from the United States to other countries has experienced various levels of restrictions over time. World War II illustrated that code-breaking and cryptography can play an integral part in national security and the ability to prosecute war. Changes in technology and the preservation of free speech have been competing factors in the regulation and constraint of cryptographic technologies for export.
Executive Order 13224 is an executive order issued by U.S. President George W. Bush on September 23, 2001, as a response to the attacks on September 11, 2001. It has been renewed every year since.
United States sanctions are financial and trade restrictions imposed against individuals, entities, and jurisdictions whose actions contradict U.S. foreign policy or national security goals. Financial sanctions are primarily administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), while export controls are primarily administered by the U.S. Department of Commerce's Bureau of Industry and Security (BIS).
The Export Administration Regulations (EAR) are a set of United States export guidelines and prohibitions. They are administered by the Bureau of Industry and Security, which regulates the export restrictions of sensitive goods. The EAR apply to most U.S. origin items, foreign-produced items that incorporate controlled U.S. items, and certain "foreign-produced direct products" of U.S. items or technology,.
The International Emergency Economic Powers Act (IEEPA), Title II of Pub. L.Tooltip Public Law 95–223, 91 Stat. 1626, enacted October 28, 1977, is a United States federal law authorizing the president to regulate international commerce after declaring a national emergency in response to any unusual and extraordinary threat to the United States which has its source in whole or substantial part outside the United States. The act was signed by President Jimmy Carter on December 28, 1977.
An anti-boycott, counter-boycott, or buycott is the excess buying of a particular brand or product in an attempt to counter a boycott of the same brand or product. Anti-boycott measures could also be in the form of laws and regulations adopted by a state to prohibit the act of boycott among its citizens.
The Under Secretary of Commerce for Industry and Security, or USC(IS), is a high-ranking official in the United States Department of Commerce and the principal advisor to the United States Secretary of Commerce on the export of sensitive goods and technologies. The Under Secretary is the head of the Bureau of Industry and Security within the Commerce Department.
Export control is legislation that regulates the export of goods, software and technology. Some items could potentially be useful for purposes that are contrary to the interest of the exporting country. These items are considered to be controlled. The export of controlled item is regulated to restrict the harmful use of those items. Many governments implement export controls. Typically, legislation lists and classifies the controlled items, classifies the destinations, and requires exporters to apply for a licence to a local government department.
The Iran and Libya Sanctions Act of 1996 (ILSA) was a 1996 act of the United States Congress that imposed economic sanctions on firms doing business with Iran and Libya. On September 20, 2004, the President signed an Executive Order to terminate the national emergency with respect to Libya and to end IEEPA-based economic sanctions on Libya. On September 30, 2006, the Act was renamed the Iran Sanctions Act (ISA). The Act was originally limited to five years, and has been extended several times. On December 1, 2016, ISA was extended for a further ten years.
The Cuban Assets Control Regulations, (CACR) 31 CFR 515, generally regulate relations between Cuba and the U.S. and are the main mechanism of domestic enforcement of the United States embargo against Cuba.
The Office of Export Enforcement (OEE) is a agency within the United States Department of Commerce, Bureau of Industry and Security (BIS).
Powers of the United States Congress are implemented by the United States Constitution, defined by rulings of the Supreme Court, and by its own efforts and by other factors such as history and custom. It is the chief legislative body of the United States. Some powers are explicitly defined by the Constitution and are called enumerated powers; others have been assumed to exist and are called implied powers.
The North Korea Sanctions Enforcement Act of 2013 was a bill that increased the sanctions against North Korea for pursuing nuclear proliferation.
Executive Order 13936, entitled "The President’s Executive Order on Hong Kong Normalization", is an executive order signed by U.S. President Donald Trump on July 14, 2020. On the same day Trump had signed into law Hong Kong Autonomy Act, one of the laws from which the order derives authority. The act and the executive order are the U.S. response to the imposition of a controversial national security law in Hong Kong by the Standing Committee of the National People's Congress of China on June 30, 2020, which was described as "an unusual and extraordinary threat [...] to the national security, foreign policy, and economy of the United States" in the preamble.
The United States has supported Ukraine during the ongoing Russian invasion of Ukraine. After it began on 24 February 2022, President Joe Biden condemned the invasion, provided military and humanitarian aid to Ukraine, and sanctioned Russia and Belarus, the two countries most involved in invading Ukraine.
The Export Control Reform Act of 2018 (ECRA) authorizes the President to control exports for national security and foreign policy purposes. ECRA is the statutory basis for the Export Administration Regulations (EAR), which are administered by the Bureau of Industry and Security (BIS) in the Department of Commerce.