What US Export Control Reform Act of 2018 (50 U.S.C. Chapter 58): Statutory Authority for Dual-Use Export Controls Administered by the Bureau of Industry and Security requires
The Export Control Reform Act of 2018 (ECRA), codified at 50 U.S.C. Chapter 58, is the permanent statutory authority for the United States dual-use export control system administered by the Department of Commerce through the Bureau of Industry and Security, and it provides the legal foundation for the Export Administration Regulations after the lapse of the Export Administration Act. Section 4801 sets out the definitions, including the items, the controlled activities of export, reexport, and in-country transfer, and the United States persons subject to the Act. Section 4811 states the policy that export controls are used to restrict the export of items that would make a significant contribution to the military potential of other countries or that would be detrimental to the national security, and only after full consideration of the impact on the economy. Section 4812 vests in the President the authority to control the export, reexport, and in-country transfer of items, an authority delegated to the Secretary of Commerce. Section 4813 sets out the additional authorities, including the establishment and maintenance of the control list and the imposition of license requirements. Section 4815 governs licensing and the conditions and procedures for license applications and decisions. Section 4817 requires the identification and control of emerging and foundational technologies essential to the national security. Section 4819 imposes the penalties, with criminal violations punishable by fines up to 1,000,000 dollars and imprisonment up to 20 years, and civil penalties up to 300,000 dollars or twice the value of the transaction, whichever is greater. Section 4820 provides the enforcement authorities. Subchapter II of the chapter contains the Anti-Boycott Act of 2018. The Act is the foundational statute for United States dual-use export controls.
Pillar: Trade Compliance & Export Controls · Authority: U.S. Congress / Department of Commerce - Bureau of Industry and Security · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title50/html/USCODE-2022-title50-chap58.htm
SHA-256 integrity: c04f3ce3ac64e556f8e715b9d1f6e6937700c35412397d438bace42430ef6236
Primary Citations — 8 traced to source
- Export Control Reform Act of 2018, 50 U.S.C. 4801 - definitions.
- Export Control Reform Act of 2018, 50 U.S.C. 4811 - statement of policy.
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