Omnibus Export Amendments Act of 1991

Summary

Omnibus Export Amendments Act of 1991 - Title I: Export Administration Act Amendments - Export Administration Act Amendments of 1991 - Amends the Export Administration Act of 1979 (the Act) with respect to the export of U.S. goods and technology to foreign countries. Requires the Secretary of Commerce (Secretary) to grant an export distribution license primarily on the basis of the reliability of an applicant and foreign consignees to prevent the diversion of items to an unauthorized use or consignee. (Currently, refers to "controlled countries" only). Requires the Secretary to modify each item on the control list to specify performance and other identifying characteristics of technical data subject to national security and foreign policy controls, or to export controls under the Nuclear Non-Proliferation Act of 1978. Declares that no later than December 31, 1991, no permission may be required for the export of goods or technology to, or reexport of such items from, a country which maintains export controls on such items cooperatively with the United States pursuant to the agreement with the Coordinating Committee (CoCom). Authorizes the Secretary to require permission for export or reexport of such items (including supercomputers, nuclear sensitive technology, and devices for surreptitious interception of wire or oral communications) to unreliable end users. Authorizes the Secretary to require permission to export or reexport such items pursuant to special multilateral control arrangements agreed to by CoCom, if all countries in which such items are produced agree to equivalent licensing requirements. Requires the Secretary, if he or she determines a country is noncompliant with the CoCom or other applicable control agreement, to require permission to export or reexport such items to such country, and to reexport them from that country. Declares that no permission may be required to reexport U.S. technology from a country when the technology to be reexported is incorporated in other technology, and other specified conditions are met. Requires the Secretary, with respect to the definition of "supercomputer," to establish and publish in the Federal Register a performance-based indexing system to ensure that such definition and all controls and security safeguard procedures on supercomputer exports and reexports are commensurate with technological advances. Sets forth circumstances under which such safeguards are not required. Declares it is U.S. policy that licensing treatment of controlled countries should be revised for those countries that: (1) represent a lesser strategic threat; and (2) implement an effective export control system. Requires the Secretary of State to seek agreement of CoCom to remove Poland, Hungary, Czechoslovakia, Latvia, Lithuania, and Estonia from the list of controlled countries. Requires the President to make a determination whether the Soviet Union or any successor confederation should be removed from such list. Requires all licenses for the export of goods or technology for civil end uses to be given a presumption of approval. Requires the Secretary to issue regulations implementing the agreement reached in the Coordinating Committee High Level Meeting of June 6 and 7, 1990, and May 23, 1991, relating to removal of controls, national discretion, and favorable consideration of export licenses. Directs the Secretary of State to seek the approval of CoCom with respect to the proposal that no permission be required to export computers (the export of which to China would require only notification of CoCom members) to any country. Requires the Secretary to submit to specified congressional committees a report describing the implementation of the agreement reached at the CoCom Meeting. Prohibits items from being included on both the Commodity Control List and the United States Munitions List. Subjects all mass market computer software (including encryption software) to control under this Act and not under the Arms Export Control Act. Terminates such prohibition on June 30, 1993. Requires the Secretary of State to propose to the CoCom that exports of telecommunications equipment and technology for civil end use to any country, other than a country for which no permission to export is required, require no more than notification of the CoCom. Requires the President to submit to specified congressional committees a study of the national security implications of the transfer of telecommunications equipment and technology to controlled countries under the Act. Requires the Secretary, in implementing the national discretion and favorable consideration procedures agreed to by CoCom, to: (1) consider the actions of other CoCom members in approving or denying export licenses that are subject to such procedures; and (2) seek to ensure that U.S. exports are not placed at a competitive disadvantage. Sets forth requirements with respect to the issuance or denial of a license for the export of goods and technology subject to such CoCom procedures. Declares it to be U.S. policy: (1) in considering the submission of general exception cases to CoCom, to ensure consistency in the treatment of U.S. exporters and exporters from CoCom countries, and to support democracy and economic development in Eastern Europe and the Soviet Union or any successor confederation; and (2) to provide specific guidelines to U.S. exporters with respect to goods, sectors, and end users eligible for such exceptions, and to notify such exporters of all agreements adopted by CoCom with respect to such exceptions. Requires the control list to reflect multilateral control agreements reached by CoCom. Requires the Secretary to: (1) review for removal at least once each year, all goods and technology on the control list; and (2) make such review the basis for proposed revision of the International Industrial list. Terminates, as of September 30, 1992, and as of the end of each two-year period thereafter, all national security controls on the export of goods and technology to countries other than a controlled country, unless the Secretary determines that such items would make a significant contribution to the military potential of another country and would prove detrimental to U.S. security. Requires the United States to propose a policy to CoCom for all countries. Requires the Secretary of State, no later than November 1, 1992, and not later than the end of each two-year period thereafter, to submit to CoCom a proposal to terminate such controls on controlled countries. Declares that an export control shall be considered to be unilaterally maintained by the United States if it is a restriction, condition, or interpretation imposed by the Secretary upon goods or technology, or upon a license application for the export of such items, that is not imposed in similar circumstances by other governments of CoCom. Requires the Secretary to ensure that no new unilateral controls are created. Declares that, in specified circumstances, approval shall be presumed for license for export to a country of any controlled goods, without regard to their technical specifications, for trade show purposes. Declares that any license for the export of goods or technology shall also authorize the export of operation technical data related to such items, whether or not such data is referenced in such license, if the technical level of the data does not exceed the minimum level necessary to install, repair, or use such items. Changes from discretionary to mandatory the Secretary's authority to establish indexing procedures which provide for automatic increases (instead of the currently authorized annual increases) in the performance levels of certain goods or technology subject to export licensing controls. Requires removal of goods or technology which no longer meet the performance levels increased pursuant to such procedures from the commodity control list, unless the Secretary determines that removal of controls will permit exports detrimental to U.S. national security, and reports that determination to specified congressional committees. Directs the Secretary to require technical advisory committees to recommend indexing procedures for certain goods or technology. Requires the Secretary to review, and report to the Congress on, the goods and technology available from newly industrialized countries to determine if such items are of such sophistication that they warrant multilateral export controls. Requires the Secretary of State to propose to CoCom to initiate negotiations with such countries to reach agreements with respect to the restriction of exports or to obtain their participation in CoCom if the Secretary determines that such multilateral controls are warranted. Requires the Secretary of State to submit to CoCom any U.S. proposal that would apply a final determination affecting U.S. exports to controlled countries. Makes the Secretary a member of the permanent U.S. delegation to CoCom. Requires the Secretary to terminate licensing benefits to countries that fail to maintain export restrictions comparable to those maintained by CoCom. Requires the Secretary to publish the full text of CoCom's three International Control Lists, together with all notes and understandings concerning the list agreed to by CoCom. Provides for the confidentiality of such matter if it is determined that its publication would be contrary to national or international security, or inconsistent with U.S. obligations to CoCom. Prohibits the export or sale of controlled goods or technology to countries determined to have repeatedly provided support to international terrorism. Subjects Iran, Iraq, Libya, and Syria to such prohibition for a three-year period. Authorizes the Secretary to approve license applications for the export of goods and technology to countries of concern regarding chemical and biological weapons proliferation only after consultation with the Secretary of Defense and the Secretary of State. Increases the criminal and civil penalties for violations of the national security and foreign policy export control laws of the United States. Limits civil penalties for each violation to no more than $50,000. Requires the President to apply specified economic sanctions against foreign persons who violate negotiated agreements to restrict exports for national security purposes or an export control system maintained by a controlled country that is receiving licensing benefits from CoCom because of its status as a lesser strategic threat. Includes as a sanction against foreign violators the revocation of any issued export license and the entry of an order by the Secretary denying all export privileges to such person. Declares that all goods or technology seized for violation of the export laws shall be forfeited to the United States. Makes sums for export enforcement under the Act available for undercover investigative operations for the detection and prosecution of violations of such Act by the Office of Export Enforcement of the Department of Commerce. Provides for the judicial and administrative review of specified determinations made under the Act. Opposes preferential treatment in the licensing of exports to China because of its human rights abuses. Urges the denial of permission to export goods and technology (chemical weapons and missile technology) to China unless it gives adequate assurances regarding end-use and nontransfer of such items to a country or project of concern. Prohibits the export of U.S. satellites that are intended for launch from a Chinese launch vehicle. Authorizes the President to waive this ban on a case-by-case basis. Expresses the sense of the Congress that no exports to the Soviet Union, or any successor confederation, should be made if the Soviet Union restricts the emigration of Jews. Amends the Act to authorize appropriations to the Department of Commerce for FY 1992. Extends the Act through September 30, 1992. Title II: Export Promotion - Amends the Export Enhancement Act of 1988 to increase from eight to 20 the number of missions that the Secretary may designate abroad and for which senior Commercial Service Officers will be able to use the diplomatic title of Minister-Counselor. Requires the Secretary to report to the Congress on the adequacy of the training of officers and employees of the United States and Foreign Commercial Service in areas of writing commercial reports, language skills, cultural awareness, and public speaking. Includes within the definition of "multilateral development bank" the European Bank for Reconstruction and Development. Authorizes the Commercial Service to acquire personal services by contract to assist it in trade and promotion programs and in its automation efforts. Directs the Secretary to increase the number of Commercial Service Officers in Taiwan, Japan, and Canada by three over the number assigned to each country in calendar year 1989. Revises the qualifications of participants in the Market Development Cooperator Program to include expertise in the area of methods of distribution of goods and services. Requires the Secretary to report to specified congressional committees on progress made in implementing such Program. Requires the Secretary of State, not later than May 31 of each year (currently, every January 31), to report to specified congressional committees on the economic policy and trade practices of every country the United States has as a trading partner. Requires the President to establish the Trade Promotion Coordinating Committee to streamline international trade promotion activities of the United States. Requires the Comptroller General, not later than June 30, 1992, to transmit to specified congressional committees a report that analyzes the progress of Federal and State coordination of export promotion activities. Amends the Export Administration Amendments Act of 1985 to authorize appropriations for FY 1992 to the Department of Commerce for export promotion programs. Title III: Nuclear Nonproliferation - Nuclear Proliferation Prevention Act of 1991 - Amends the Atomic Energy Act of 1954 to restrict the export of nuclear weapon items to a non-nuclear weapon state, unless: (1) such state maintains International Atomic Energy Agency (IAEA) safeguards on all its peaceful nuclear activities; and (2) the export, retransfer, or activity is under the terms of an agreement for cooperation. Prohibits the Nuclear Regulatory Commission from issuing any license for the export of highly enriched uranium. Directs the President to undertake negotiations with foreign nations which participate in the Nuclear Suppliers Group to establish specified multilateral nuclear non-proliferation controls. Sets forth sanctions for violations of this Act. Amends the Nuclear Non-Proliferation Act of 1978 to require the United States to enter into negotiations with other nations and groups of nations to improve the effectiveness of the safeguards of the IAEA. Title IV: Miscellaneous Provisions - Expresses the sense of the Congress that the Soviet Union should cease military assistance to Cuba. Requires the President to submit to the Congress an analysis of the impact on efforts to achieve peace in the Middle East of specified Palestine Liberation Organization (PLO) attacks against Israelis. Directs the Secretary of the Treasury to submit to the Congress a report on illegal activities of the PLO in the United States.

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9 official files

• Reported in House (text)

  Reported in House · EN

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• Placed on Calendar Senate (text)

  Placed on Calendar Senate · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Engrossed in House (text)

  Engrossed in House · EN

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• Engrossed Amendment Senate (text)

  Engrossed Amendment Senate · EN

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• Conference report filed in House

  summary · EN · 5 October 1992

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• Passed Senate amended

  summary · EN · 22 January 1992

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• Passed House amended

  summary · EN · 30 October 1991

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• Introduced in House

  summary · EN · 3 October 1991

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