PRIA, Government Policy, Made Personal

Summary

The Secretary must set up a process, consistent with delegations in section 4814, to license or otherwise allow the export, reexport, and in-country transfer of items controlled under this subchapter to carry out the policy in section 4811 and the requirements in section 4812(b). The process must include the right Federal agencies in decisions, move quickly, and keep applicants informed about status and why any request was denied. Congress says the Secretary should try to finish most license decisions within 30 days. No fee can be charged for submitting or processing any license or authorization request. The process must check how a proposed export would affect the U.S. defense industrial base and must deny exports that would have a significant negative impact. Applicants must give information needed for that check, including whether the export would let large-scale production happen outside the United States. A “significant negative impact” means one of these: less availability of an item the Department of Defense or another federal agency would likely buy; less U.S. production tied to federal defense research or federally funded centers; or fewer U.S. workers with the skills needed to keep producing such items. Not later than one year after August 19, 2025, and annually after that if money is available, the Secretary must report to Congress on license requests and end-use checks. Each report must list, for each request, the applicant, a short item description (including ECCN and reason for control if applicable), end-user and location, value estimate, decision, and submission date; the dates, locations, and results of end-use checks; and aggregate statistics. Report details other than aggregate statistics are exempt from public disclosure under section 4820(h)(1), and information that could harm an ongoing investigation must be left out. Definitions: “appropriate congressional committees” means the House Committee on Foreign Affairs and the Senate Committee on Banking, Housing, and Urban Affairs. “Covered entity” means an entity located in Country Group D:5 that appears on the lists in Supplement No. 4 or Supplement No. 7 to part 744 of the Export Administration Regulations.

Title 50, §4815

War and National Defense, Source: USLM XML via OLRC

(a)In general

The Secretary shall, consistent with delegations as described in section 4814 of this title, establish a procedure to license or otherwise authorize the export, reexport, and in-country transfer of items controlled under this subchapter in order to carry out the policy set forth in section 4811 of this title and the requirements set forth in section 4812(b) of this title. The procedure shall ensure that—

(1)license applications and other requests for authorization are considered and decisions made with the participation of appropriate Federal agencies, as appropriate; and

(2)licensing decisions are made in an expeditious manner, with transparency to applicants on the status of license and other authorization processing and the reason for denying any license or request for authorization.

(b)Sense of Congress

It is the sense of Congress that the Secretary should make best efforts to ensure that an accurate, consistent, and timely evaluation and processing of licenses or other requests for authorization to export, reexport, or in-country transfer items controlled under this subchapter is generally accomplished within 30 days from the date of such license request.

(c)Fees

No fee may be charged in connection with the submission, processing, or consideration of any application for a license or other authorization or other request made in connection with any regulation in effect under the authority of this subchapter.

(d)Additional procedural requirements

(1)In general

The procedure required under subsection (a) shall provide for the assessment of the impact of a proposed export of an item on the United States defense industrial base and the denial of an application for a license or a request for an authorization of any export that would have a significant negative impact on such defense industrial base, as described in paragraph (3).

(2)Information from applicant

The procedure required under subsection (a) shall also require an applicant for a license to provide the information necessary to make the assessment provided under paragraph (1), including whether the purpose or effect of the export is to allow for the significant production of items relevant for the defense industrial base outside the United States.

(3)Significantly negative impact defined

A significant negative impact on the United States defense industrial base is the following:

(A)A reduction in the availability of an item produced in the United States that is likely to be acquired by the Department of Defense or other Federal department or agency for the advancement of the national security of the United States, or for the production of an item in the United States for the Department of Defense or other agency for the advancement of the national security of the United States.

(B)A reduction in the production in the United States of an item that is the result of research and development carried out, or funded by, the Department of Defense or other Federal department or agency to advance the national security of the United States, or a federally funded research and development center.

(C)A reduction in the employment of United States persons whose knowledge and skills are necessary for the continued production in the United States of an item that is likely to be acquired by the Department of Defense or other Federal department or agency for the advancement of the national security of the United States.

(e)Report

(1)In general

Not later than one year after August 19, 2025, and not less frequently than annually thereafter, the Secretary, shall, subject to the availability of appropriations, submit to the appropriate congressional committees a report on end-use checks related to, as well as license applications and other requests for authorization for the export, reexport, release, and in-country transfer of items controlled under this subchapter to covered entities.

(2)Elements

The report required by paragraph (1) shall include, with respect to the preceding one year-period, the following:

(A)For each license application or other request for authorization, the name of the entity submitting the application, a brief description of the item (including the Export Control Classification Number (ECCN) and reason for control, if applicable), the name of the end-user, the end-user’s location, a value estimate, decision with respect to the license application or authorization, and the date of submission.

(B)The date, location, and result of any end-use checks, to ensure compliance with United States export controls.

(C)Aggregate statistics on all license applications and other requests for authorization as described in subparagraph (A).

(3)Confidentiality of information

The information required to be provided in the reports required by this subsection (other than the information required by paragraph (2)(C)) shall be exempt from public disclosure pursuant to section 4820(h)(1) of this title.

(4)Protecting enforcement information

In preparing and submitting a report under subsection (e), the Secretary shall ensure that information that may jeopardize an ongoing investigation shall not be included in the contents of the report.

(5)Definitions

In this subsection

(A)

(B)the term “covered entity” means any entity that—

(i)is located in a country listed in Country Group D:5 under Supplement No. 1 to part 740 of title 15, Code of Federal Regulations; and

(ii)is included on—

(I)the list maintained and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations; or

(II)the list maintained and set forth in Supplement No. 7 to part 744 of the Export Administration Regulations.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (a) to (c) and (e)(1), 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.

Amendments

2025—Subsec. (e). Pub. L. 119–34 added subsec. (e).

§4815 Licensing