Source(Pub. L. 96–72, § 3, Sept. 29, 1979, 93 Stat. 504; Pub. L. 99–64, title I, § 103, July 12, 1985, 99 Stat. 121; Pub. L. 103–199, title II, § 201(b)(2), Dec. 17, 1993, 107 Stat. 2321.)
A prior section 2402, Pub. L. 91–184, § 3, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, § 103, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, §§ 2, 4 (b), (c), 11, Oct. 29, 1974, 88 Stat. 1552, 1553, 1556; Pub. L. 95–52, title I, § 115, title II, § 202, June 22, 1977, 91 Stat. 241, 247, setting forth declaration of policy of Congress with respect to the Export Administration Act of 1969, expired on Sept. 30, 1979.
1993—Par. (15). Pub. L. 103–199 struck out par. (15) which read as follows: “It is the policy of the United States, particularly in light of the Soviet massacre of innocent men, women, and children aboard Korean Air Lines flight 7, to continue to object to exceptions to the International Control List for the Union of Soviet Socialist Republics, subject to periodic review by the President.”
1985—Par. (3). Pub. L. 99–64, § 103(1), inserted “or common strategic objectives” after “defense treaty commitments”.
Par. (7). Pub. L. 99–64, § 103(2), substituted “the President shall make reasonable and prompt efforts” for “the President shall make every reasonable effort”, and “imposing export controls” for “resorting to the imposition of controls on exports from the United States”.
Par. (8). Pub. L. 99–64, § 103(3), substituted “the President shall make reasonable and prompt efforts” for “the President shall make every reasonable effort”, and “imposing export controls” for “resorting to the imposition of export controls”.
Par. (9). Pub. L. 99–64, § 103(4), inserted “or common strategic objectives” after “commitments” in two places, and inserted “, and to encourage other friendly countries to cooperate in restricting the sale of goods and technology that can harm the security of the United States”.
Pars. (12) to (15). Pub. L. 99–64, § 103(5), added pars. (12) to (15).
Delegation of Functions
Functions conferred upon President under this section delegated to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45 F.R. 29783, set out under section 2403 of this Appendix.
Policy Regarding KAL
Section 201(b)(1) of Pub. L. 103–199 provided that: “The Congress finds that—
“(A) President Yeltsin should be commended for meeting personally with representatives of the families of the victims of the shootdown of Korean Airlines (KAL) Flight 7;
“(B) President Yeltsin’s Government has met on two separate occasions with United States Government and family members to answer questions associated with the shootdown and has arranged for the families to interview Russians involved in the incident or the search and rescue operations that followed;
“(C) President Yeltsin’s Government has also cooperated fully with the International Civil Aviation Organization (ICAO) to allow it to complete its investigation of the incident and has provided numerous materials requested by the ICAO, including radar data and so-called ‘black boxes’, the digital flight data and cockpit voice recorders from the flight;
“(D) the Export Administration Act of 1979 [sections 2401 to 2420 of this Appendix] continues to state that the United States should continue to object to exceptions to the International Control List for the Union of Soviet Socialist Republics in light of the KAL tragedy, even though the ‘no exceptions’ policy was rescinded by President Bush in 1990;
“(E) the Government of the United States is seeking compensation from the Russian Government on behalf of the families of the KAL victims, and the Congress expects the Administration to continue to pursue issues related to the shootdown, including that of compensation, with officials at the highest level of the Russian Government; and
“(F) in view of the cooperation provided by President Yeltsin and his government regarding the KAL incident and these other developments, it is appropriate to remove such language from the Export Administration Act of 1979.”
Policy on Missile Technology Control
Pub. L. 101–510, div. A, title XVII, § 1701, Nov. 5, 1990, 104 Stat. 1738, provided that: “It should be the policy of the United States to take all appropriate measures—
“(1) to discourage the proliferation, development, and production of the weapons, material, and technology necessary to produce or acquire missiles that can deliver weapons of mass destruction;
“(2) to discourage countries and private persons in other countries from aiding and abetting any states from acquiring such weapons, material, and technology;
“(3) to strengthen United States and existing multilateral export controls to prohibit the flow of materials, equipment, and technology that would assist countries in acquiring the ability to produce or acquire missiles that can deliver weapons of mass destruction, including missiles, warheads and weaponization technology, targeting technology, test and evaluation technology, and range and weapons effect measurement technology; and
“(4) with respect to the Missile Technology Control Regime (‘MTCR’) and its participating governments—
“(A) to improve enforcement and seek a common and stricter interpretation among MTCR members of MTCR principles;
“(B) to increase the number of countries that adhere to the MTCR; and
“(C) to increase information sharing among United States agencies and among governments on missile technology transfer, including export licensing, and enforcement activities.”
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