Omnibus Export Administration Act of 1994

TABLE OF CONTENTS:

Title I: Export Administration

Title II: Nuclear Proliferation Prevention Act

Part A: Reporting on Nuclear Exports

Part B: Sanctions for Nuclear Proliferation

Part C: International Atomic Energy Agency

Part D: Repeal of Duplicative Provisions

Omnibus Export Administration Act of 1994 - Title I: Export Administration - Export Act of 1994 - Specifies the export policy goals of the United States, among them: (1) stemming the proliferation of weapons of mass destruction; (2) counteracting certain restrictive trade policies; and (3) minimizing restrictions on the export of agricultural commodities.

(Sec. 104) Specifies the kinds of export licenses the Secretary of Commerce (Secretary) may require.

Prohibits any person from exporting an item that such person knows will materially contribute to a program for the development of a weapon of mass destruction or missile in a country that is not a member of, or a cooperating country with respect to, an export control regime controlling such items.

Requires the Secretary to: (1) establish a United States Commodity Control Index identifying all commodities and technology on which controls are imposed under this Act; (2) specify license requirements for such items; and (3) designate countries and end users to which exports of commodities and technology are controlled. Requires the Secretary to appoint export advisory committees with respect to export controls imposed on such items.

(Sec. 105) Authorizes the President to prohibit or curtail the export of commodities or technology that would: (1) significantly enable a country or end user to acquire weapons of mass destruction; or (2) significantly contribute to the military capability of a country so as to prove detrimental to the national security of the United States or its allies.

Requires the Secretary to establish a security control list of commodities, technology, countries, and end users with respect to which export controls are imposed by this Act. Requires the Secretaries of Defense and of Energy and the heads of other appropriate agencies to identify commodities and technology for inclusion on such list.

Declares that the Secretary shall require authority to export commodities and technology on the security control list to a controlled country, a controlled end use, or a controlled end user.

Sets forth provisions regarding the creation of multilateral export control regimes. Provides favorable licensing treatment for the export of commodities and technology among such regimes. Authorizes the Secretary of Defense to request that a license be required for such exports if it is determined that the absence of an export license would prove detrimental to U.S. national security.

Requires the Secretary periodically to review and remove export controls on computer equipment, computer communications and networking equipment, computer software, and related technology that has become obsolete.

Requires the Secretary of State to propose the elimination of controls on mass-market computer equipment to export control regimes that control such equipment.

Declares that, in specified circumstances, approval shall be presumed for a license for export to a country of any controlled goods, without regard to their technical specifications, for trade show purposes.

Directs the Secretary to enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering to study and report to the President and the Congress on the extent to which exports of computers can be controlled, and the policy reasons for maintaining controls.

(Sec. 106) Authorizes the President to prohibit or curtail unilaterally the export of commodities or technology whenever it is essential to U.S. national security or foreign policy, or to encourage foreign countries not to support international terrorism. Requires the Secretary and the Secretary of State to seek support from other countries and multilateral export control regimes for such controls. Prescribes the legislative procedure for extending controls.

Prohibits export or reexport of controlled commodities or technology to countries that have repeatedly supported acts of international terrorism.

Declares that crime control and detection instruments and equipment shall be approved for export by the Secretary only pursuant to an export license, with specified exceptions.

Declares it to be U.S. policy to maintain, by unilateral controls and other specified means, its international leadership in restricting the export of sensitive dual use items and of munitions to rogue countries such as Iran, Iraq, Syria, Libya, Cuba, and North Korea. Requires the President to: (1) compile a list of such items and munitions; and (2) instruct the Secretary to require an individual validated license for the export of any listed item to any destination.

(Sec. 107) Authorizes the President to prohibit or impose quantitative restrictions on the export of commodities that are domestically in short supply. Directs the Secretary to monitor exports, and contracts for exports, of commodities in cases where the volume of such commodities in relation to domestic supply contributes, or may contribute, to an increase in domestic prices or a domestic shortage, and such increase or shortage has, or may have, a serious adverse impact on the economy.

Authorizes an entity, including a trade association, firm, or certified union or group of workers, that is representative of an industry that processes metallic materials capable of being recycled to petition the Secretary to monitor or impose export controls on such exports that are in short supply.

Prohibits the export of Alaskan North Slope crude oil, with specified exceptions. Provides for licensing of refined petroleum product exports.

Prohibits the imposition of quantitative restrictions based on short supply controls on agricultural commodities (including fats and oils or animal hides or skins) without the approval of the Secretary of Agriculture.

Prohibits the exportation of unprocessed western red cedar (Thuja plicata) harvested from State or Federal lands.

Declares that shipments of crude oil and refined and partially refined petroleum products for use by the Department of Defense or U.S.-supported installations shall not, for purposes of export controls on Alaskan North Slope oil, be considered to be exports.

(Sec. 108) Directs the President to issue regulations that prohibit, with specified exceptions, U.S. persons from supporting any boycott imposed by a foreign country against a country friendly to the United States that is not itself the object of a U.S. boycott.

(Sec. 109) Specifies procedures for the processing of export license applications, including screening, referral, approval or denial, and appeal of denials.

Authorizes the Secretaries of Defense and of Energy to review any proposed export of controlled commodities or technology. Prescribes a procedure whereby such Secretaries may recommend license disapproval to the President for national security reasons. Requires the President to consider any differing recommendation of the Secretary of Commerce before making a decision.

Authorizes the President to extend for national security reasons specified deadlines in the licensing application process.

(Sec. 110) Sets forth both civil and criminal penalties for violations of this Act.

(Sec. 111) Directs the Secretary to establish a list of commodities and technology, including those controlled pursuant to multilateral export control regimes such as the Australia Group, that would directly and substantially assist a foreign government or group in acquiring the capability to develop, produce, stockpile, or deliver chemical or biological weapons, the licensing of which would be effective in barring acquisition or enhancement of such capability. Requires a validated license for the export of listed items to any country of concern.

Requires the Secretary to establish a list of all dual use commodities and technology on the Missile Technology Control Regime Annex (MTCR), including such items that would provide a direct and significant impact on the development of missile delivery systems. Requires a validated license for the export of such items on the MTCR list to any country, including any country not an MTCR adherent.

Requires the Secretary of Defense and the heads of other appropriate departments and agencies to identify goods and technology for inclusion on both lists.

Amends the Arms Export Control Act to require the Secretary of State, with the concurrence of the Secretary of Defense, to establish, as part of the United States Munitions List (Munitions List), a list of items, including those controlled pursuant to multilateral export control regimes such as the Australia Group, not subject to specified control that would directly and substantially assist a foreign government, group, or project in acquiring the capability to develop, produce, stockpile, or deliver chemical or biological weapons, the licensing of which would be effective in barring the acquisition or enhancement of such capability. Requires a license for the export of such items.

Requires the Secretary of State, with the concurrence of the Secretary of Defense, to establish a list of items, including those items on the MTCR Annex, that would provide a direct and significant impact on the development of missile delivery systems, and the export of which is not subject to control under this Act. Requires a validated license for the export of such items on such list to any country, including any country not an MTCR adherent. Provides that such licenses shall be denied if the ultimate consignee of such items is: (1) a facility designed to develop or build missiles in a non- MTCR adhering country;; or (2) a facility in a country that has repeatedly supported acts of international terrorism.

Requires the President to impose sanctions, for a two year period, against any U.S. or foreign person who, or entity that, knowingly exports or transfers chemical or biological weapons or missiles. Sets forth such sanctions, including: (1) denial of an export license; (2) barring of Government procurement contracts; and (3) appropriate import restrictions on the products of an offending entity.

Requires the President to determine what countries have made substantial preparation to use or have used chemical or biological weapons (against their own nationals or others) in violation of international law. Requires the President to impose, for a two year period, specified sanctions against such countries. Authorizes the President to revoke any import sanction if it is determined that such sanction is inconsistent with U.S. international legal obligations.

(Sec. 112) Provides for administrative and judicial review of determinations made under this Act.

(Sec. 113) Makes the Secretary responsible for providing policy guidance on the enforcement of this Act.

Sets forth requirements with respect to: (1) the forfeiture of goods and tangible items lawfully seized by the United States for violations of this Act; (2) undercover investigative operations of the Office of Export Enforcement of the Department of Commerce; and (3) a financial audit and report to the Congress on each undercover investigative operation.

(Sec. 114) Requires issuance of an annual policy guidance for export licensing officials in all Federal departments and agencies.

Declares that all power, authority, and discretion conferred by this title with respect to export control functions shall be exercised by the Secretary. Establishes an Export Control Policy Committee to provide policy guidance and advice to the President on export control issues.

Directs the President to appoint an Under Secretary of Commerce for Export Administration who shall perform all functions of the Secretary under this Act and other Federal laws relating to national security.

Sets forth requirements for: (1) non-disclosure of confidential information; (2) disclosure of information to the Congress and the General Accounting Office (GAO); (3) penalties for disclosure of confidential information; and (4) public opportunity for comment on regulations imposing export controls.

Authorizes the Secretary to participate in the education and training of officials from other countries on the principles and procedures for implementation of effective export controls.

Declares that a license may not be required for the export of a commodity solely because it contains parts or components subject to export control if they: (1) are essential to the functioning of the commodity; (2) are customarily included in the sales of the item in non-controlled countries; and (3) comprise 25 percent or less of the total value of the commodity, unless the commodity itself would make a significant contribution to the military or proliferation potential of a controlled country or end user which would prove detrimental to U.S. national security.

Declares that no authority may be required for certain reexports of foreign-made items incorporating U.S. items.

Declares that this Act does not authorize export controls on: (1) medicine or medical supplies; or (2) donations of items intended to meet basic human needs, including food, educational materials, seeds, hand tools, water resources equipment, clothing and shelter materials, and basic household supplies.

Declares that no validated license shall be required for replacement parts exported to replace on a one-to-one basis parts that were in a commodity lawfully exported from the United States, unless the President determines that a license should be required for such parts.

(Sec. 117) Requires disputes regarding conflicting claims of jurisdiction between the Control Index and the United States Munitions List to be resolved in a timely fashion by the Department of State.

Amends the Arms Export Control Act to authorize the President, in the furtherance of world peace and the security and foreign policy of the United States, to control the import and export of defense articles and defense services and to provide foreign policy guidance to U.S. persons involved in the export and import of such items. Authorizes the Secretary of State, with the concurrence of the Secretary of Defense, to designate such articles and services.

Declares that the Secretary shall not require a license for the export or reexport of telecommunications equipment to civil end users in any of the former republics of the Soviet Union, China, Poland, Czechoslovakia, Bulgaria, Romania, Albania, Estonia, Lithuania, Latvia, Cambodia, Laos, Mongolia, or Vietnam.

Requires the President to submit to specified congressional committees a report assessing: (1) the international market for computer software with encryption; and (2) the impact of U.S. encryption export controls on the international competitiveness of the U.S. computer software industry.

Subjects to export controls exclusively under this Act any civil aircraft product that is standard equipment certified by the Federal Aviation Administration (FAA), and is an integral part of such aircraft.

(Sec. 118) Expresses the sense of the Congress that the Arab League countries should end the secondary Arab boycott.

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Title II: Nuclear Proliferation Prevention Act - Nuclear Proliferation Prevention Act of 1994 - Part A: Reporting on Nuclear Exports - Amends the Nuclear Non-Proliferation Act of 1978 to include in a certain presidential report to the Congress on governmental efforts to prevent the proliferation of nuclear weapons: (1) a description of the implementation of nuclear and nuclear-related dual-use export controls; and (2) the progress of the non-nuclear-weapon independent states of the former Soviet Union and of the Baltic states towards achieving the objective of applying full scope safeguards to all their peaceful nuclear activities.

Part B: Sanctions for Nuclear Proliferation - Requires the President to impose certain sanctions against any foreign or U.S. person that has materially and with requisite knowledge contributed to the efforts of any individual, group, or non-weapon state to acquire unsafeguarded special nuclear material, or to use, develop, produce, stockpile, or otherwise acquire any nuclear explosive device.

(Sec. 222) Amends the Arms Export Control Act to prohibit the sale or lease of defense articles or services to any country that the President has determined to be in material breach of treaties or agreements concerning the nonproliferation of nuclear explosive devices and unsafeguarded special nuclear material.

(Sec. 223) Directs the Secretary of the Treasury to instruct the U.S. executive directors of certain international financial institutions to oppose any use of their funds to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of a nuclear explosive device by a non-nuclear-weapon state.

Makes it a duty of the U.S. executive directors of such institutions to consider whether a country receiving financial assistance: (1) is seeking to acquire unsafeguarded special nuclear material or a nuclear explosive device; (2) is not a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons; or (3) has detonated a nuclear explosive device.

(Sec. 224) Prohibits any U.S. or foreign person from knowingly, materially, and directly contributing or attempting to contribute, through the provision of financing, to the acquisition of unsafeguarded special nuclear material, or the use, development, production, or stockpiling of any nuclear explosive device by an individual, group, or non-nuclear-weapon state. Requires the President to impose certain sanctions against any U.S. or foreign person violating such prohibition.

(Sec. 225) Amends the Export-Import Bank Act of 1945 to require the Secretary of State to report to appropriate congressional committees and to the Board of Directors of the Export-Import Bank if a country has willfully aided or abetted a non-nuclear-weapon state in acquiring any nuclear explosive device or unsafeguarded special nuclear material.

(Sec. 226) Requires the President to report to the Congress, and impose certain sanctions (which may include import restrictions) against, any country that: (1) transfers to a non-nuclear-weapon state a nuclear explosive device; (2) is a non-nuclear-weapon state and either receives a nuclear explosive device or detonates one; (3) transfers to a non-nuclear-weapon state any design information or component that is important to the development of a nuclear device; or (4) is a non-nuclear-weapon state and receives such information or component.

(Sec. 227) Amends the Arms Export Control Act to prohibit the use of any funds under the Foreign Assistance Act of 1961 or this Act to provide economic or military assistance or grant military education and training, foreign assistance, or extend military credits or make guarantees, to any country which delivers to or receives from another country nuclear enrichment equipment, materials, or technology, unless certain conditions are met. Authorizes the President to furnish such assistance if he certifies to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that: (1) termination of such assistance would have a serious adverse effect on vital U.S. interests; and (2) assurances have been received that such country will not acquire or develop nuclear weapons or assist other nations in doing so.

Sets forth similar provisions prohibiting such assistance to countries that deliver to, or receive from, a country nuclear reprocessing equipment, materials, or technology which contribute significantly to that country's ability to manufacture a nuclear explosive device.

(Sec. 229) Amends the Arms Control and Disarmament Act to include in a specified annual report to the Congress a discussion of any material noncompliance by foreign governments with their commitments to the United States with respect to the prevention of the spread of nuclear explosive devices by non-nuclear weapon states or the acquisition of unsafeguarded special nuclear material.

Expresses the sense of the Congress that the Department of State should, in its reporting responsibilities under the Nuclear Non-Proliferation Act of 1978, include a summary of demarches that the United States has issued or received from foreign governments with respect to activities significant from the proliferation standpoint.

Part C: International Atomic Energy Agency - Expresses the sense of the Congress that, in order to enhance international confidence in the effectiveness of International Atomic Energy Agency (IAEA) safeguards and other multilateral undertakings to halt the global proliferation of nuclear weapons, the United States should seek to negotiate specified initiatives (including certain IAEA internal reforms) with other nations, including the IAEA Board of Governors and the Nuclear Suppliers Group.

Part D: Repeal of Duplicative Provisions - Repeals certain duplicative provisions of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.