Export Control Reform Act of 2018

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Export Control Reform Act of 2018
Great Seal of the United States (obverse).svg
Other short titlesExport Controls Act of 2018
Acronyms (colloquial)ECRA, ECA
Enacted bythe 115th United States Congress
EffectiveAugust 13, 2018
Citations
Public law 115-232
Statutes at Large 132  Stat.   1636
Codification
Acts repealed Export Administration Act of 1979 (Except Sections 11A, 11B, and 11C).
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

The Export Control Reform Act of 2018 (ECRA) authorizes the American 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.

The act replaced the Export Administration Act of 1979, which expired in 2001. Between 2001 and 2018, the EAR were maintained using the International Emergency Economic Powers Act. [1] Unlike its predecessors, ECRA does not contain a sunset provision and will remain in effect until amended or repealed.

ECRA reversed the decades-long trend toward the liberalization of U.S. export control policy. Whereas the Export Administration Act of 1969 and Export Administration Act of 1979 placed additional limits and introduced new procedural hurdles on the use of controls, [2] ECRA encouraged the expansion of the U.S. export control regime. [3]

Further reading

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References

  1. 66 FR 44025.
  2. See, for example, Pub. L. Tooltip Public Law (United States)  91–184: Export Administration Act of 1969 §§4(b), 9; Pub. L. Tooltip Public Law (United States)  96–72: Export Administration Act of 1979; See also Christopher Casey; Paul Kerr (2024). The U.S. Export Control System and the Export Control Reform Act of 2018 (Report). Congressional Research Service. p. 3-5.
  3. See, for example, Pub. L. Tooltip Public Law (United States)  115–232: Export Control Reform Act of 2018 (text) (PDF) §1758