The Export Administration Act: Evolution, Provisions, and Debate

The 111th Congress may consider legislation to renew, modify, or reauthorize the Export Administration Act EAA. In the 110th Congress, several pieces of legislation were introduced that addressed various aspects of the current system, including penalties, enforcement, diversion or transhipment of goods, and the integration of export control data into the Automated Export System, yet no comprehensive reauthorization or reform was attempted. Through the EAA, Congress delegates to the executive branch its express constitutional authority to regulate foreign commerce by controlling exports. The EAA provides the statutory authority for export controls on sensitive dual-use goods and technologies items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological, and chemical weaponry. The EAA, which originally expired in 1989, periodically has been reauthorized for short periods of time, with the last incremental extension expiring in August 2001. At other times and currently, the export licensing system created under the authority of EAA has been continued by the invocation of the International Emergency Economic Powers Act IEEPA. EAA confers upon the President the power to control exports for national security, foreign policy or short supply purposes. It also authorizes the President to establish export licensing mechanisms for items detailed on the Commerce Control List CCL, and it provides some guidance and places certain limits on that authority. The CCL currently provides detailed specifications about dual-use items including equipment, materials, software, and technology including data and know-how likely requiring some type of export license from the Commerce Departments Bureau of Industry and Security BIS. BIS administers the Export Administration Regulations EAR, which, in addition to the CCL, describe licensing policy and procedures such as commodity classification, licens