DENIAL Act of 2023

Depriving Enemy Nations of Integral Authorizations and Licenses Act of 2023 or the DENIAL Act of 2023

This bill increases congressional oversight of export licenses involving technology to China and Russia.

Specifically, the bill creates a presumption of denial of licenses for the export, reexport, or in-country transfer of technology to end users in China or Russia.

In order to approve an application for a license or other authorization, the Department of Commerce's Bureau of Industry and Security (BIS) must first submit a report to Congress that contains specified information. Among other elements, the report must (1) specify the intended end user of the technology that is the subject of the application; (2) specify the dollar value of the technology; and (3) describe how authorizing the export, reexport, or in-country transfer of the technology to the specific end user advances U.S. national security interests and does not advance the interests of China or Russia.

Additionally, the bill prohibits BIS from approving an application for a license or other authorization if, during a 30-day review period, Congress enacts a joint resolution of disapproval.

The bill also requires BIS to update regulations to ensure that the same license requirements that apply to entities on the Entity List also apply to subsidiaries of those listed entities. The Entity List provides the names of foreign entities (e.g., businesses, private organizations, and individuals) that are subject to specific license requirements for the export, reexport, or in-country transfer of specified items.