HTML _ RL30169 - Export Administration Act of 1979 Reauthorization
26-Mar-2001; Craig Elwell, Jeanne Grimmett, Robert Shuey; 18 p.

Abstract: The 107th Congress has shown an interest in revising the Export Administration Act of 1979 (EAA). This Act, which had last expired in 1994, was reauthorized until August 20, 2001 at the end of the 106th Congress (H.R. 5239, P.L. 106-508). The Export Administration Act of 2001 (S. 149) was introduced by Senator Mike Enzi on January 23, 2001. The bill would delegate from Congress to the executive branch its express constitutional authority to regulate foreign commerce. This delegation of export controls has traditionally been temporary, and when it has lapsed, the President has declared a national emergency and maintained export control regulations under the authority of an executive order. The EAA, which was written and amended during the Cold War, focuses on the regulation of exports of those civilian goods and technology that have military applications (dual-use items). Export controls were based on strategic relationships, threats to U.S. national security, international business practices, and commercial technologies that have changed dramatically in the last 20 years. Many Members of Congress and most U.S. business representatives see a need to liberalize U.S. export regulations to allow American companies to engage in generally unrestrained international competition for sales of high-technology goods. But, there are also many Members and national security analysts who contend that liberalization of export controls over the last decade has contributed to foreign threats to U.S. national security, that some controls should be tightened, and that Congress should weigh further liberalization carefully.

While EAA authorizes the Department of Commerce to regulate U.S. exports of most dual-use commodities in consultation with the Department of Defense and other agencies, several other U.S. government agencies regulate exports of specified goods and technologies. For example, the Department of State must approve exports of defense articles and defense services that are identified on the U.S. Munitions List, which includes some dual-use items such as commercial communication satellites. See the box below for a list of other government organizations involved in export administration. [read report]

Topics: International, Agriculture, Economics & Trade

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