§4825 — Title 50 War and National Defense | U.S. Code

Summary

It does not change or override any other laws that let the government control the export or reexport of items. The President must use the powers in this subchapter in a way that is coordinated with section 38 of the Arms Export Control Act (22 U.S.C. 2778) and with other export-control and sanctions powers, especially those of the Departments of State, Treasury, and Energy. Congress says those agencies should make enforceable rules for U.S. and foreign persons about exporting, reexporting, and in-country transfers of goods, software, technology, and services for foreign policy and national security; work to simplify the system by removing non-policy differences; and coordinate controls on items tied to foreign military sales under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) or commercial sales under section 38 (22 U.S.C. 2778) to avoid needless paperwork. Nothing here replaces the procedures the President published under section 2139a(c) of title 42.

Title 50, §4825

War and National Defense — Source: USLM XML via OLRC

(a)Except as otherwise provided in this subchapter, nothing contained in this subchapter shall be construed to modify, repeal, supersede, or otherwise affect the provisions of any other laws authorizing control over the export or reexport of any item.

(b)(1)The authority granted to the President under this subchapter shall be exercised in such manner so as to achieve effective coordination with the authority exercised under section 38 of the Arms Export Control Act (22 U.S.C. 2778) and all other export control and sanctions authorities exercised by Federal departments and agencies, particularly the Department of State, the Department of the Treasury, and the Department of Energy.

(2)It is the sense of Congress that in order to achieve effective coordination described in paragraph (1), such Federal departments and agencies—

(A)should continuously work to create enforceable regulations with respect to the export, reexport, and in-country transfer by United States and foreign persons of commodities, software, technology, and services to various end uses and end users for foreign policy and national security reasons;

(B)should regularly work to reduce complexity in the system, including complexity caused merely by the existence of structural, definitional, and other non-policy based differences between and among different export control and sanctions systems; and

(C)should coordinate controls on items exported, reexported, or in-country transferred in connection with a foreign military sale under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) or a commercial sale under section 38 of the Arms Export Control Act [22 U.S.C. 2778] to reduce as much unnecessary administrative burden as possible that is a result of differences between the exercise of those two authorities.

(c)Nothing in this subchapter shall be construed to supersede the procedures published by the President pursuant to section 2139a(c) of title 42.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in text, 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

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note under section 4801 of this title and Tables. The Arms Export Control Act, referred to in subsec. (b)(2)(C), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320. Chapter 2 of the Act is classified generally to subchapter II (§ 2761 et seq.) of chapter 39 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see

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note set out under section 2751 of Title 22 and Tables.

§4825 Effect on Other Acts

Summary

Title 50, §4825

Notes & Related Subsidiaries

Editorial Notes

References in Text

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