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United States · Bill · HR

H.R. 4653 (101st)

Export Facilitation Act of 1990

openUnited States· United States Congress· EN

Introduced

26 April 1990

Last action

—

Status

Pocket Vetoed by President.

Sponsors

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Subjects

Discovery layer

Source updated

26 August 2025

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Summary

Export Facilitation Act of 1990 - Amends the Export Administration Act of 1979 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. (Current language 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 as of September 30, 1991, no permission may be required for the reexport 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 of the Coordinating Committee. Authorizes the Secretary to require permission for export or reexport of such items to unreliable end users. Requires the Secretary, if he or she determines a country is noncompliant with such 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. Directs the Secretary of State to seek the approval of the Coordinating Committee for the following proposal: (1) that no permission be required to export goods or technology (the export of which to China would require only notification of Coordinating Committee members) to any foreign country; and (2) that there shall be favorable consideration of any license application to export goods and technology at a higher technical level, for civil end uses, to Eastern European countries that were controlled as of January 1, 1990, but that meet specified criteria, and enforce certain safeguards against the diversion of such items to other controlled countries or unauthorized consignees, or to unauthorized uses. Requires the Secretary, no later than 30 days after the Coordinating Committee approves such proposal, to publish: (1) those changes in the goods and technology subject to controls, and the changes in those controls, made pursuant to such proposal; and (2) a list of Eastern European countries that meet certain diversion safeguards criteria. Directs the Secretary to implement such proposal by a date established by the Coordinating Committee. Authorizes the approval of export license applications for exports or reexports to the Soviet Union of goods or technology for civil uses only. Declares it to be U.S. policy to: (1) approve general exceptions, on behalf of U.S. exporters, to the Industrial List portion of the International Control List of the Coordinating Committee, and to support identical exceptions for exporters from countries in the Committee; and (2) 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 the Committee with respect to such exceptions. Requires the Secretary of State to propose to the Coordinating Committee that exports of telecommunications equipment for civil end use to certain countries (other than a country for which no permission to export may be required or a controlled country ineligible for favorable consideration) require no more than notification of the Committee. Prohibits items from being included on both the Commodity Control List and the United States Munitions List. Terminates, as of September 30, 1992, all national security controls on the export of goods and technology to countries other than a controlled country. Removes such items from the Commodity Control List. Requires the Secretary of State, no later than November 1, 1992, to submit a proposal to the Committee to remove from the International Control List for export to controlled countries all items no longer on the Commodity Control List for other than controlled countries. 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. Changes from discretionary to mandatory the Secretary's authority to issue regulations that 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 a U.S. agency objects to such removal and the Secretary determines subsequently that they shall not be removed. Directs the Secretary to require technical advisory committees to establish indexing procedures for certain goods or technology. Requires the Secretary of State to submit to the Coordinating Committee 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 the Coordinating Committee. Requires the Secretary, or a designee, to be represented at any negotiations with other countries with regard to their cooperation in restricting the export of goods and technology which could be detrimental to the security of the United States. Requires the Secretary to publish the full text of the International Control List of the Coordinating Committee, together with all notes and understandings concerning that list agreed to by the Committee. Requires the Secretary to consult with the Secretary of Defense in reviewing export license applications for the export of goods and technology to: (1) the Soviet Union; (2) Eastern European countries which do not qualify for favorable consideration as determined by the Coordinating Committee; and (3) any controlled country when the end uses of the goods or technology will not be civil. Requires the Secretary to notify the Secretary of Defense of any export license request before expiration of the time within which the President may disapprove such exports. Authorizes the Secretary of Defense to waive consideration of any such proposed export. Increases the criminal and civil penalties for violations of the national security and foreign policy export control laws of the United States. Sets forth a statute of limitations for any administrative sanction or civil action to recover penalties under this Act. Provides for the judicial review of determinations made under this Act (except discretionary control list determinations). Declares that the provisions of this Act shall be self-executing. Authorizes appropriations. Extends the Export Administration Act of 1979 through 1991.

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