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NOTES:


Source

(Pub. L. 96–72, § 6, Sept. 29, 1979, 93 Stat. 513; Pub. L. 96–533, title I, § 111, Dec. 16, 1980, 94 Stat. 3138; Pub. L. 97–145, § 6, Dec. 29, 1981, 95 Stat. 1728; Pub. L. 99–64, title I, § 108(a)–(g)(1), (h)–(j)(1), (k), (l)(1), July 12, 1985, 99 Stat. 131–136; Pub. L. 99–399, title V, § 509(b), Aug. 27, 1986, 100 Stat. 874; Pub. L. 100–418, title II, § 2423, Aug. 23, 1988, 102 Stat. 1358; Pub. L. 101–222, § 4, Dec. 12, 1989, 103 Stat. 1897; Pub. L. 101–510, div. A, title XVII, § 1702(a), Nov. 5, 1990, 104 Stat. 1739; Pub. L. 102–138, title V, § 504(b), Oct. 28, 1991, 105 Stat. 724; Pub. L. 102–182, title III, §§ 304(b), 309 (a), Dec. 4, 1991, 105 Stat. 1246, 1258; Pub. L. 103–236, title VII, § 736, Apr. 30, 1994, 108 Stat. 506; Pub. L. 104–316, title I, § 128(c), Oct. 19, 1996, 110 Stat. 3841; Pub. L. 105–277, div. G, title XIV, § 1422(b)(7), Oct. 21, 1998, 112 Stat. 2681–793; Pub. L. 108–458, title VII, § 7102(c)(1), Dec. 17, 2004, 118 Stat. 3776.)

References in Text

The International Emergency Economic Powers Act, referred to in subsec. (g), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.
The Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, referred to in subsec. (m)(3)(B), is title III of Pub. L. 102–182, Dec. 4, 1991, 105 Stat. 1245, which is classified principally to chapter 65 (§ 5601 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 5601 of Title 22 and Tables.
Subsections (l) and (m) of this section, referred to in subsecs. (n)(1)(A) and (r)(1), were successively redesignated as subsections (n) and (o), respectively, of this section by Pub. L. 101–510, div. A, title XVII, § 1702(a)(1), Nov. 5, 1990, 104 Stat. 1739, then as subsections (o) and (p), respectively, of this section by Pub. L. 102–182, title III, § 304(b), Dec. 4, 1991, 105 Stat. 1246, without corresponding amendments to such references.
Section 6(o)(1) of the Export Administration Act of 1979, referred to in subsec. (r)(2), which was classified to subsec. (o)(1) of this section, was redesignated successively as section 6 (q)(1) by Pub. L. 101–510, div. A, title XVII, § 1702(a)(1), Nov. 5, 1990, 104 Stat. 1739, then as section 6 (r)(1) by Pub. L. 102–182, title III, § 304(b), Dec. 4, 1991, 105 Stat. 1246, without a corresponding amendment to such reference.

Prior Provisions

A prior section 2405, Pub. L. 91–184, § 6, Dec. 30, 1969, 83 Stat. 844; Pub. L. 95–52, title I, §§ 103(d), 112, title II, § 203(a), June 22, 1977, 91 Stat. 237, 240, 247; Pub. L. 95–223, title III, § 301(b)(2), Dec. 28, 1977, 91 Stat. 1629, setting forth provisions respecting violations and penalties, expired on Sept. 30, 1979.

Amendments

2004—Subsec. (j)(5), (6). Pub. L. 108–458 added par. (5) and redesignated former par. (5) as (6).
1998—Subsec. (g). Pub. L. 105–277, which directed amendment of “Section 2405(g) of the Export Administration Act of 1979” by substituting “Administrator of the Agency for International Development” for “Director of the United States International Development Cooperation Agency” in two places and substituting “Administrator” for “Director” in the fourth sentence, was executed to subsec. (g) of this section, which is section 6 of the Export Administration Act of 1979, to reflect the probable intent of Congress.
1996—Subsec. (f)(3). Pub. L. 104–316 struck out after first sentence “Each such report shall, at the same time it is submitted to the Congress, also be submitted to the General Accounting Office for the purpose of assessing the report’s full compliance with the intent of this subsection.”
1994—Subsec. (j)(5). Pub. L. 103–236 added par. (5).
1991—Subsecs. (m) to (s). Pub. L. 102–182, § 304(b), added subsec. (m) and redesignated former subsecs. (m) to (r) as (n) to (s), respectively.
Pub. L. 102–138, which made an amendment similar to that made by Pub. L. 102–182, § 304(b), by adding a subsec. (m) and redesignating former subsecs. (m) to (r) as (n) to (s), respectively, was repealed by Pub. L. 102–182, § 309(a).
1990—Subsecs. (k) to (r). Pub. L. 101–510 added subsecs. (k) and (l) and redesignated former subsecs. (k) to (p) as (m) to (r), respectively.
1989—Subsec. (j). Pub. L. 101–222 amended subsec. (j) generally, substituting pars. (1) to (4) for former pars. (1) and (2).
1988—Subsec. (a)(6). Pub. L. 100–418, § 2423(a), added par. (6).
Subsec. (p). Pub. L. 100–418, § 2423(b), added subsec. (p).
1986—Subsec. (j)(1). Pub. L. 99–399 substituted “$1,000,000” for “$7,000,000”.
1985—Subsec. (a)(1). Pub. L. 99–64, § 108(a)(1), substituted “(8), or (13)” for “or (8)”, and inserted “, the Secretary of Defense, the Secretary of Agriculture, the Secretary of the Treasury, the United States Trade Representative,” after “in consultation with the Secretary of State”.
Subsec. (a)(2). Pub. L. 99–64, § 108(a)(3), added par. (2). Former par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 99–64, § 108(a)(2), (4), redesignated par. (2) as (3) and substituted “subsections (b) and (f)” for “subsections (b) and (e)”. Former par. (3) redesignated (4).
Subsec. (a)(4), (5). Pub. L. 99–64, § 108(a)(2), redesignated pars. (3) and (4) as (4) and (5), respectively.
Subsec. (b). Pub. L. 99–64, § 108(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “When imposing, expanding, or extending export controls under this section, the President shall consider—
“(1) the probability that such controls will achieve the intended foreign policy purpose, in light of other factors, including the availability from other countries of the goods or technology proposed for such controls;
“(2) the compatibility of the proposed controls with the foreign policy objectives of the United States, including the effort to counter international terrorism, and with overall United States policy toward the country which is the proposed target of the controls;
“(3) the reaction of other countries to the imposition or expansion of such export controls by the United States;
“(4) the likely effects of the proposed controls on the export performance of the United States, on the competitive position of the United States in the international economy, on the international reputation of the United States as a supplier of goods and technology, and on individual United States companies and their employees and communities, including the effects of the controls on existing contracts;
“(5) the ability of the United States to enforce the proposed controls effectively; and
“(6) the foreign policy consequences of not imposing controls.”
Subsec. (c). Pub. L. 99–64, § 108(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary, before imposing export controls under this section, shall consult with such affected United States industries as the Secretary considers appropriate, with respect to the criteria set forth in paragraphs (1) and (4) of subsection (b) and such other matters as the Secretary considers appropriate.”
Subsec. (d). Pub. L. 99–64, § 108(d)(2), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 99–64, § 108(d)(1), redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 99–64, § 108(d)(1), (e), redesignated former subsec. (e) as (f), amended subsec. (f) generally, substituting “Consultation with Congress” for “Notification to Congress” in heading, and in text making consultation with the Congress mandatory and not merely discretionary before the President imposes, expands, or extends export controls. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 99–64, § 108(d)(1), (f), redesignated former subsec. (f) as (g), inserted sentence directing that this section does not authorize export controls on donations of goods that are intended to meet basic human needs, and substituted “This subsection shall not apply to any export control on medicine, medical supplies, or food, except for donations, which is in effect on the date of the enactment of the Export Administration Amendments Act of 1985” for “This subsection shall not apply to any export control on medicine or medical supplies which is in effect on the effective date of this Act or to any export control on food which is in effect on the date of the enactment of the Export Administration Amendments Act of 1981” and inserted: “Notwithstanding the preceding provisions of this subsection, the President may impose export controls under this section on medicine, medical supplies, food, and donations of goods in order to carry out the policy set forth in paragraph (13) of section 3 of this Act.”
Subsec. (h). Pub. L. 99–64, § 108(g)(1), designated existing provisions as par. (1) and added pars. (2) to (4).
Pub. L. 99–64, § 108(d)(1), redesignated former subsec. (g) as (h). Former subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 99–64, § 108(d)(1), (h), redesignated former subsec. (h) as (i) and substituted “(e), (g), and (h)” for “(f), and (g)”. Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 99–64, § 108(d)(1), (i), redesignated former subsec. (i) as (j), amended subsec. (j) generally, designating the existing sentence as par. (1) and former pars. (1) and (2) thereof as subpars. (A) and (B), and adding par. (2). Former subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 99–64, § 108(d)(1), redesignated former subsec. (j) as (k). Former subsec. (k) redesignated (l).
Subsec. (k)(1). Pub. L. 99–64, § 108(j)(1), inserted sentence relating to the concurrence of the Secretary of State.
Subsec. (l). Pub. L. 99–64, § 108(d)(1), (k), redesignated former subsec. (k) as (l), substituted reference to “the control list” for existing reference to “the commodity control list’ after “The Secretary shall establish and maintain, as part of”, and substituted “The Secretary shall clearly identify on the control list which goods or technology, and which countries or destinations, are subject to which types of controls under this section” for “Such goods or technology shall be clearly identified as subject to controls under this section”.
Subsecs. (m) to (o). Pub. L. 99–64, § 108(l)(1), added subsecs. (m) to (o).
1981—Subsec. (f). Pub. L. 97–145 inserted provisions restricting the imposition of export controls on food when such controls would result in measurable malnutrition, unless the President determines that the controls are necessary to protect the United States national security interests or that the food would not reach persons most in need.
1980—Pub. L. 96–533 required notification of certain commercial exports to be given to the Committee on Foreign Relations of the Senate and prescribed that notice be given to the committees at least 30 days before approval of the export license.

Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 401 of Title 50, War and National Defense.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of the United States International Development Cooperation Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of Title 22.

Effective Date of 1985 Amendment

Section 108(g)(2) of Pub. L. 99–64 provided that: “The amendments made by paragraph (1) of this subsection [amending this section] shall not apply to export controls in effect under subsection (i), (j), or (k) of section 6 of the Export Administration Act of 1979 [subsec. (i), (j), or (k) of this section] (as redesignated by subsection (d) of this section) immediately before the date of the enactment of this Act [July 12, 1985], or to export controls made effective by subsection (i)(2) of this section [there is no section 108(i)(2) of Pub. L. 99–64] or by section 6(n) of the Export Administration Act of 1979 [subsec. (n) of this section] (as added by subsection (l)(1) of this section).”
Section 108(j)(2) of Pub. L. 99–64 provided that: “The amendment made by paragraph (1) of this subsection [amending this section] shall apply to determinations of the Secretary of Commerce which are made on or after the date of the enactment of this Act [July 12, 1985].”
Section 108(l)(2) of Pub. L. 99–64 provided that: “Subsections (m) and (o) of section 6 of the Export Administration Act of 1979 [subsecs. (m) and (o) of this section], as added by paragraph (1) of this subsection, shall not apply to export controls in effect immediately before the date of the enactment of this Act [July 12, 1985], or to export controls made effective by subsection (i)(2) of this section [there is no section 108(i)(2) of Pub. L. 99–64] or by section 6(n) of the Export Administration Act of 1979 [subsec. (n) of this section] (as added by paragraph (1) of this subsection).”

Construction of 2004 Amendment

Pub. L. 108–458, title VII, § 7102(c)(2), Dec. 17, 2004, 118 Stat. 3777, provided that: “Nothing in this subsection [amending this section and enacting provisions set out as a note under this section] or the amendments made by this subsection shall be construed as affecting any determination made by the Secretary of State pursuant to section 6(j) of the Export Administration Act of 1979 [50 App. U.S.C. 2405 (j)] with respect to a country prior to the date of enactment of this Act [Dec. 17, 2004].”

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 2403 of this Appendix, with exception of functions conferred upon President under subsec. (g) of this section which were delegated to Secretary of State and functions conferred upon President under subsec. (k) of this section which were reserved to President.

Implementation

Pub. L. 108–458, title VII, § 7102(c)(3), Dec. 17, 2004, 118 Stat. 3777, provided that: “The President shall implement the amendments made by paragraph (1) [amending this section] by exercising the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).”

Exercise of Statutory Authorities Respecting Imposition of Total Embargo in Event of Soviet or Warsaw Pact Military Action in Poland

Section 7 of Pub. L. 97–145 provided that: “Notwithstanding any other provision of law, no provision of the Export Administration Act of 1979, as amended by this Act [sections 2401 to 2420 of this Appendix], or of any other Act shall be construed to prohibit the exercise of authorities contained in the Export Administration Act of 1979 to impose a total embargo in the event of Soviet or Warsaw Pact military action against Poland.”

Administration of Export Controls on Encryption Products

For provision that subsec. (h)(2) to (4) of this section is not applicable with respect to export controls on encryption products, see Ex. Ord. No. 13026, § 1(a), set out as a note under section 2403 of this Appendix.

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