Export Administration Amendments Act of 1987

Summary

Export Administration Amendments Act of 1987 - Amends the Export Administration Act of 1979 to authorize the Secretary of Commerce to establish a distribution license appropriate for cosignees in the People's Republic of China. Excludes the People's Republic of China as an "other than controlled country" for purposes of export licenses authorizing U.S. exports and reexports of technology and related goods. Defines "affiliate" to include both governmental entities and commercial entities that are controlled in fact by controlled countries with respect to the prohibition or curtailment of exports of U.S. goods and technology to embassies and affiliates of controlled countries. Sets forth specified procedures for determining foreign availability of goods and technology from outside the United States to controlled countries. Defines "foreign availability" and "non-United States origin." Requires the Secretary to review, on a continuing basis, the availability to countries, other than controlled countries, from sources outside the United States, of goods or technology that require a validated license to export. Requires the Secretary to designate such goods and technology as eligible for export to such countries in any case where he determines that such goods or technology from foreign sources are of similar quality and are available to such countries without effective restrictions. Permits the Secretary to make such a foreign availability determination on his own initiative, upon receipt of an allegation from an export license applicant that such availability exists or upon the submission of a certification by a Technical Advisory Committee of appropriate jurisdiction as to the goods or technology involved. Provides that export licenses shall become valid, unless there is a risk of diversion to proscribed countries, 20 working days after the date an application to export goods and technology is filed with the Secretary. Extends to 35 days (currently 30 days) the time period that such licenses shall become effective in cases where the Secretary takes additional time to consider an application for such licenses. Sets forth provisions relating to: (1) guidelines for the Coordinating Committee on Export Controls to negotiate agreements with governments outside the Committee to restrict the export of goods and technology on the International Control List (ICL); (2) enforcement measures with respect to such agreements; and (3) removal of items from the ICL if such items continue to be available to controlled countries or if such items no longer serve the objectives of the Committee. Provides that any person, firm, or business affiliated or otherwise connected to any party convicted of violating specified statutory criminal provisions shall not be eligible to apply for an export license for a period up to ten years after the conviction. Extends, in instances of public interest or to prevent imminent violations of this Act, the effective period of temporary orders denying export privileges to 180 days (currently 60 days). Provides that the Secretary may extend such period for an additional 180-day period (currently the additional period is 60 days).

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1 official file

• Introduced in Senate

  summary · EN · 3 March 1987

  Open at official source

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