you the announcement that House Foreign Affairs ranking
Democrat Howard Berman (D-CA) was
unveiling his new comprehensive legislation to reform the way the U.S.
regulates the export of sensitive and dual-use technologies abroad.
Today, we bring you the draft version (PDF)
of the competing legislation being circulated by committee Chairwoman Ileana Ros-Lehtinen (R-FL). The draft was
obtained by The Cable but has not
been finalized or released. A note from committee staff stated that
Ros-Lehtinen plans to introduce this bill as early as next week.
"This bill to revise and amend the Export
Administration Act of 1979 (EAA), will have a significant positive effect on
the protection of U.S. national security," reads a fact sheet (PDF)
that Ros-Lehtinen's staff sent around with the draft legislation. "The EAA has
been in lapse since 2001. The bill represents a significant step by the
Congress to assist the Bureau of Industry and Security (BIS), U.S. Department
of Commerce, in achieving its mission of advancing U.S. national security,
foreign policy, and economic objectives by ensuring an effective export control
system and promoting continued U.S. strategic technology leadership."
Read about some of the key provisions after the
the EAA: the bill extends the Act through 2015,
and provides the Department of Commerce with enhanced enforcement tools in
the fight against terrorism and proliferation of weapons of mass
destruction for three years.
penalties: the criminal penalty amounts have been
increased to $1,000,000 per violation and/or imprisonment for not more than 20
years, for each violation by an individual, and $5,000,000 or up to 10 times
the value of the exports involved, whichever is greater, per corporate
violation. The civil penalty amounts
have been increased to $250,000 for each violation. The increased penalty amounts are
commensurate with those under IEEPA.
Foreign Policy Controls on State Sponsors of Terrorism: by adding
requirements to section 6(j)(4)(B) relating to nonproliferation and
requiring that the government of a country designated as a state sponsor
of terrorism must not have sponsored acts of international terrorism for
thirty-six months prior to its removal from that list.
- Helps small
business and allied interoperability by allowing generic parts
and components currently regulated by the Department of State on the
United States Munitions List (USML) to be regulated differently than more
sensitive defense items while still safeguarding U.S. national security.
Congressional oversight over the regulation and
enforcement of controls on dual-use exports by requiring the Department of
Commerce to provide appropriate information to the Congress and by
strengthening current audit and reporting requirements.
against excessive regulation through expanded Congressional
oversight provisions and General Accountability Office