A bill to amend the Export Administration Act of 1979 with respect to the export of goods and technology subject to export controls for national security purposes.
High Technology Trade Enhancement Act of 1987 - Amends the Export Administration Act of 1979 (the Act) to remove the requirement of a certain type of validated export license for exporters exporting to the People's Republic of China.
Directs the Secretary of Commerce (the Secretary) to develop a plan to implement a fully integrated export licensing case review system.
Authorizes the Secretary to require a license for the export of goods or technology to a country if the Secretary determines that such country is engaging in a pattern of noncompliance with export-cooperation agreements created under such Act through the Coordinating Committee on Multilateral Export Controls (a 16-member nation group agreeing to restrict strategic exports to controlled countries). Excuses further authorization for the reexport from the United States to countries participating in the agreement pursuant to the Committee if the goods or technology involved are eligible for export under any bulk license agreement created under the Act. Eliminates licenses for export to any country other than a controlled country of any goods or technology which, if such export had come under the purview of the Committee, would only have required notification to the participating governments of the Committee.
Revises provisions of the Act relating to an export control list to require the President to notify the Secretary of Defense within ten days of the President's concurrence or nonconcurrence with the Secretary's determination of certain goods or technology which should be included on such control list and therefore be subject to export controls. Directs the Secretary of Defense to assume the President's concurrence with the Secretary's determination if not notified within the ten days. Provides further time constraints with respect to the annual review of such export control list. Directs the Secretary to eliminate each year all items on the control list maintained unilaterally by the United States except for controls on goods or technology in which foreign availability does not exist or which the United States is actively pursuing negotiations to achieve multilateral cooperation. Directs the Secretary to publish annually a list of those unilateral controls that are not eliminated, together with a specific justification for each control.
Requires the Secretary of Defense to consult with the Secretary in compilation of the list of militarily critical technologies.
Revises provisions concerning the making by the Secretary of Commerce of foreign availability determinations (determinations as to the availability to proscribed countries of certain goods or technology whose export from the United States requires a validated license, i.e., national security-controlled items) to remove the requirement of a validated license for export if it is determined that such foreign availability does exist. Outlines factors to be taken into consideration by the Secretary in making such determinations. States, with an exception, that the Secretary has authority to make foreign availability determinations notwithstanding the approval or disapproval of any other official department or agency.
Revises provisions concerning action to be taken by the President to eliminate the foreign availability of certain goods or technology in the interest of national security. Eliminates the requirement that the President notify the Congress of disagreements with the Secretary of Defense on individual licenses or the content of the control list.
Changes existing law on export controls on goods containing "microprocessors" to use language on goods containing "controlled parts and components." Changes the parameters of controlled parts and components which may not have export controls imposed under any provision of law to require that parts and components: (1) be essential to the functioning of the good; (2) are customarily included in sales of the good in noncontrolled countries; and (3) comprise less than 35 percent of the value of the good.
Decreases from 20 to ten days the period during which the Secretary of Defense, after reviewing the proposed export of any goods or technology to a country to which exports are controlled for national security purposes, must notify the President and the Secretary that the President should disapprove any request for the export of such goods or technology upon certain determinations. Outlines further action to be taken by the Secretary after the receipt (or nonreceipt) of timely notification from the Secretary of Defense concerning such export control determinations.
Directs the Comptroller General, during the three-year period beginning on the date of enactment of this Act, to review the effect of the national security review amendments and, at the end of each one-year period during such three-year period, report to the appropriate congressional committees concerning procedural improvements to ensure the removal of export controls under this Act without adversely affecting U.S. national security interests.
Directs the President to appoint at least one person representing the U.S. electronics industry as an advisor to the U.S. delegation to the Coordinating Committee on Export Controls, whose function shall be to participate in negotiations with respect to the agreement of the Coordinating Committee.
Introduced in Senate
Read twice and referred to the Committee on Banking.
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