Title 50War and National DefenseRelease 119-73not60

§1213 Post-shipment Verification of Export of High Performance Computers.

Title 50 › Chapter 56— EXPORT ADMINISTRATION › § 1213

Last updated Apr 5, 2026|Official source

Summary

The Secretary of Commerce must do post‑shipment checks on any digital computer exported from the United States on or after November 18, 1998 that performs more than 2,000 MTOPS and is sent to countries listed as "Computer Tier 3" in 15 C.F.R. 740.7 as of June 10, 1997, unless the President changes that list under section 1211(e). Each year the Secretary must send the committees in section 1215 a report of all such exports from the prior year. For each export the report must give the destination country, export date, intended end use and end user, and the check results or a detailed explanation if a check was not done. If section 1211(d) sets a new performance level, that new level replaces the 2,000 MTOPS threshold.

Full Legal Text

Title 50, §1213

War and National Defense — Source: USLM XML via OLRC

“(a)The Secretary of Commerce shall conduct post-shipment verification of each digital computer with a composite theoretical performance of more than 2,000 millions of theoretical operations per second (MTOPS) that is exported from the United States, on or after the date of the enactment of this Act [Nov. 18, 1998], to a country specified in subsection (b).
“(b)For purposes of subsection (a), the countries specified in this subsection are the countries listed as ‘Computer Tier 3’ eligible countries in section 740.7 of title 15 of the Code of Federal Regulations, as in effect on June 10, 1997, subject to modification by the President under section 1211(e).
“(c)The Secretary of Commerce shall submit to the congressional committees specified in section 1215 an annual report on the results of post-shipment verifications conducted under this section during the preceding year. Each such report shall include a list of all such items exported from the United States to such countries during the previous year and, with respect to each such export, the following:
“(1)The destination country.
“(2)The date of export.
“(3)The intended end use and intended end user.
“(4)The results of the post-shipment verification.
“(d)If a post-shipment verification has not been conducted in accordance with subsection (a) with respect to any such export during the period covered by a report, the Secretary shall include in the report for that period a detailed explanation of the reasons why such a post-shipment verification was not conducted.
“(e)Whenever a new composite theoretical performance level is established under section 1211(d), that level shall apply for purposes of subsection (a) of this section in lieu of the level set forth in subsection (a).

Reference

Citations & Metadata

Citation

50 U.S.C. § 1213

Title 50War and National Defense

Last Updated

Apr 5, 2026

Release point: 119-73not60