§4814 — Title 50 War and National Defense | U.S. Code

Summary

The President must rely on certain Cabinet members and agency leaders — the Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, the Director of National Intelligence, and other federal agency heads as needed — and they can delegate tasks, to carry out export control work. Those officials must advise the President on what national security or foreign policy threats the export rules should address. They must set up and approve rules for lists of controlled items and for lists of people who face export limits, the process for changing those lists, standards for compliance, and rules for monitoring how controlled items are used. Congress says these rules should follow the export license procedures in Executive Order 12981 (1995).

Title 50, §4814

War and National Defense — Source: USLM XML via OLRC

(a)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 authority to carry out the purposes set forth in subsection (b).

(b)The purposes of this section include to—

(1)advise the President with respect to—

(A)identifying specific threats to the national 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, regulations, procedures, and actions that are necessary to effectively counteract those threats;

(2)review and approve—

(A)criteria for including items on, and removing such an item from, a list of controlled items established under this subchapter;

(B)an interagency procedure for compiling and amending any list described in subparagraph (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, experience, and capabilities of the Federal officials described in subsection (a).

(c)It is the sense of Congress that the administration of export controls under this subchapter should be consistent with the procedures relating to export license applications described in Executive Order 12981 (1995).

Notes & Related Subsidiaries

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 section 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.

§4814 Administration of export controls