Export Administration Act Amendments of 1990

Title I: Export Administration Act Amendments - Export Administration Act Amendments of 1990 - Amends the Export Administration Act of 1979 to declare that it is U.S. policy, in light of the developments in the Soviet Union and the emerging democracies of Eastern Europe, to: (1) relax East-West controls on exports multilaterally and to support the elimination of certain licensing requirements as agreed to at the Coordinating Committee (CoCom) High Level Meeting, 6-7 June 1990; and (2) further the relaxation of such multilateral controls by implementing a Core List and other specified measures.

Requires the Secretary of Commerce to report to specified congressional committees on the implementation of the decontrol agreements reached in the CoCom Meeting.

Requires CoCom approval before goods and technology removed from the export control list can be placed back on such list.

Requires the Secretary to consider the actions of other CoCom members in approving or denying export licenses and seek to ensure that U.S. exports are not placed at a competitive disadvantage when implementing the national discretion and favorable consideration procedures reached in the agreement at the CoCom Meeting. Provides for the approval or denial of license applications for the export of goods or technology subject to such procedures.

Declares that it is U.S. policy that licensing treatment of a controlled country should be revised in cases where such country: (1) represents a lesser strategic threat; and (2) implements effective export control systems.

Requires the Secretary, if non-CoCom countries that maintain export restrictions comparable to those of CoCom members cease to maintain such restrictions, to restrict or terminate any favorable treatment to exports to such countries comparable to the favorable treatment given to exports to CoCom members.

Requires the President to apply import and government procurement sanctions for a specified period if he determines that a foreign person from a non-CoCom country has violated a national security export control pursuant to either a negotiated export restriction agreement or an export control system maintained by a controlled country receiving expanded licensing benefits because of its recognition as a lesser strategic threat. Includes as a possible sanction the revocation of any previously issued export license and the denial of all export privileges.

Declares that it is U.S. policy to encourage the export of telecommunications equipment for civil uses to foreign countries, including Czechoslovakia, Poland, and Hungary when verifiable end-use assurances have been provided by such countries.

Declares that as of December 31, 1991, no permission may be required for the export or reexport of goods or technology to or from a CoCom country. Authorizes the Secretary to require permission for the export or reexport of such items in the case of: (1) unreliable end users; (2) exports controlled by special multilateral control arrangements; or (3) countries where permission to reexport such items is specifically required.

Authorizes the issuance of distribution licenses for the export of goods to distributors or users in all foreign countries, including controlled countries.

Declares that, in specified circumstances, approval shall be presumed for license for export to a controlled 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 such data does not exceed the minimum level necessary to maintain the items.

Requires the Secretary to propose regulations which revise or replace the Processing Data Rate used in part to determine licensing requirements for computers other than supercomputers.

Requires goods and technology on the control list and subject to export controls to reflect multilateral control agreements reached by CoCom.

Requires the Secretary to review the control list in order to consider proposals for decontrol of such items and to serve as a basis for U.S. proposals for revision of CoCom's International Industrial List. Requires the Secretary, in a list review of goods or technology that have become obsolete with respect to U.S. national security, to incorporate into the review process an indexing analysis that: (1) provides a technical justification for possible increases in the performance levels of such items; and (2) sets minimum levels of technology below which no permission to export should be required. Requires incorporation of indexing analysis results into U.S. proposals to CoCom unless they will adversely affect U.S. national security.

Requires the Secretary to review annually the performance levels of goods or technology: (1) below which exports (currently, to China) require only notification of CoCom members; (2) which are supercomputers subject to security safeguard procedures; and (3) which are eligible for favorable consideration by CoCom. Requires the Secretary to report indexing analysis results annually to the Congress, together with a justification for rejection of any such results not incorporated into the U.S. proposals to CoCom.

Makes the Secretary a member of the permanent U.S. delegation to CoCom.

Requires the Secretary and the Secretary of Defense to report to specified congressional committees on the implementation of a dispute resolution procedure.

Prohibits inclusion of goods or technology on both the control list and the United States Munitions List.

Requires all goods or technology lawfully seized by Department of Commerce employees as a result of violations of the U.S. export control laws to be forfeited to the United States.

Authorizes the President to impose, extend, or expand controls for foreign policy reasons only if he determines that specified criteria have been met.

Declares that it is U.S. policy that the Secretary of State should address the threat to U.S. interests from ballistic missile proliferation, should renegotiate multilateral arrangements: (1) restricting technology with direct missile application from reaching undesirable end-users; and (2) increasing the number of countries participating in missile technology control.

Requires the Secretary of State to negotiate with other countries regarding restrictions on: (1) the export of goods and technology for foreign policy reasons; (2) the proliferation of chemical and biological weapons; and (3) the export of the dual use components of such weapons and their delivery systems.

Directs the Secretary to list dual-use goods and technology and require export licenses for them unless the importing country implements effective missile technology export controls. Urges denial of such licenses for export to certain countries.

Requires the President to impose specified sanctions against foreign persons who knowingly attempt to export, import, or obtain certain dual use items on the Missile Technology Control Regime Annex for the purpose of assisting the development of missiles capable of delivering chemical, biological, or nuclear weapons in countries of concern to the United States. Authorizes the President to waive such sanctions if it is essential to U.S. national security.

Expresses the sense of the Senate that no U.S. controlled exports to the Soviet Union may be licensed for sale by U.S. exporters until the President certifies to the Congress that such country has entered into negotiations with Lithuania for its self-determination.

Declares that it is U.S. policy that export licensing preferences for China should be eliminated and that access to dual-use goods and technology representing proliferation concerns should be restricted.

Authorizes appropriations for the Department of Commerce for FY 1991 and 1992. Extends the Export Administration Act of 1979 through 1992.

Title II: Export Promotion - Amends the Export Administration Amendments Act of 1985 to authorize appropriations for FY 1991 and 1992 for the Department of Commerce for specified export promotion programs.

Amends the Export Enhancement Act of 1988 to authorize the Secretary to designate up to 12 (presently, eight) U.S. missions at which the senior Commercial Service Officer will be able to use the diplomatic title of Minister-Counselor.

Requires the Secretary, for every year in which the United States fails to achieve a merchandise trade surplus, to send the Congress a report that: (1) analyzes ways to increase U.S. exports; (2) assesses barriers to such exports in Japan, industrialized countries in East Asia, the European Community, Eastern Europe, and Latin America; and (3) describes means to improve and increase assistance to small- and medium-sized exporting firms. Requires the Secretary to develop and submit to the Congress a five-year export market development strategy.

Directs specified Federal agency officials to develop a pilot program to increase cooperation between the agencies in providing export assistance to small businesses.

Amends the Export-Import Bank Act of 1945 to require the Export-Import Bank to expend all amounts appropriated to the interest subsidy payment program for payments to commercial lending institutions and other lenders with respect to loans made by such lenders to support the export of U.S. goods and services. (Currently, the Bank has only discretionary authority to expend such amounts.) Extends such program through 1992. Authorizes appropriations.

Requires the Bank to establish a program that provides guarantees for the sale of defense articles and services to Japan or NATO countries.

Declares that Congress finds that many human rights violations occur in Yugoslavia. Requires the Secretary of State to submit to specified congressional committees a report explaining why Bank funding for exports to Yugoslavia has not been restricted or denied under the Export-Import Bank Act of 1945.

Increases from 12 to 15 the number of members to be appointed to the Bank's Advisory Committee.

Title III: Export Sanctions and Iraq - Prohibits: (1) the sale to Iraq, and the issuance of licenses for the export to Iraq, of any item on the U.S. Munitions List; (2) the export to Iraq of any goods or technology on the Export Administration Act of 1979 control list; (3) extension of credit or credit guarantees to Iraq through the Export-Import Bank or the Commodity Credit Corporation; and (4) all forms of assistance to Iraq under the Foreign Assistance Act of 1961 (other than medical and humanitarian assistance) and the Arms Export Control Act.

Authorizes the President to waive such sanctions if a certain certification is made to the Congress.

Declares that the Congress calls upon the President to seek multilateral cooperation to: (1) deny dangerous technologies to Iraq; and (2) induce Iraq to respect internationally recognized human rights.