Export Administration Amendments Act of 1983

(Measure passed House, amended (inserted text of H.R. 3646))

Export Administration Amendments Act of 1983 - Title I: Amendments to Export Administration Act of 1979 - Amends the Export Administration Act of 1979 (the Export Administration Act) to set forth penalties for: (1) conspiring or attempting to export goods in violation of such Act; (2) attempting to evade the provisions of such Act; and (3) possessing goods or technology with the intent to export them in violation of a national security or foreign policy export control or with the knowledge or reason to believe they would be so exported.

Permits a waiver of the revocation of the authority to export goods or technology only if specified congressional committees are first consulted.

Requires persons convicted of violating a national security or foreign policy export control to forfeit: (1) the goods or technology that were the subject of the violation or that were used in the violation; and (2) the proceeds from the transaction from which the violation arose.

Authorizes the Secretary of Commerce ("the Secretary") to designate Commerce Department employees to take specified actions to enforce the Export Administration Act. Limits the authority of customs officers with respect to such Act to: (1) inspection and seizure of goods or technology at those places in which such officers are lawfully authorized to conduct such searches and seizures; and (2) investigations conducted before such inspection, search, or seizure.

Limits the U.S. Customs Service inspections of goods and technology in the enforcement of this Act to those goods and technology about which the Customs Service has received information of possible violations. Prohibits the Customs Service from conducting random inspections. Limits the amount of money which the Customs Service may spend in enforcing export controls.

Declares that it is U.S. policy to sustain vigorous scientific enterprise and to control the export of goods and substances banned or severely restricted in the United States.

Authorizes the Secretary to issue licenses authorizing multiple exports instead of a validated license for each export, including: (1) a qualified general license, authorizing exports for approved end uses; (2) distribution licenses; (3) project licenses; (4) service supply licenses; and (5) comprehensive operations licenses.

Authorizes the President to restrict the transfer of goods or technology within the United States to embassies and affiliates of countries which are subject to national security export controls.

Directs the Secretary to exercise the authority in such Act over national security export controls in consultation with the Secretary of Defense, Secretary of State, Secretary of the Treasury, the U.S. Trade Representative, and other appropriate agencies and departments.

Prohibits requiring permission for the exportation of goods or technology covered by national security controls if they are being exported to countries which maintain export controls cooperatively with the United States, although the Secretary may require an export license for exports to certain end users. Authorizes the Secretary to require exporters to notify the Commerce Department of such exports.

Declares that exports to the People's Republic of China should be subject to no greater restriction under the Export Administration Act than exports to any friendly nonaligned country.

Makes technology and related goods that are subject to national security export controls, including militarily critical technologies, eligible for a comprehensive operations export license. Makes exports of such goods and technology eligible for a distribution license or other licenses authorizing multiple exports.

Authorizes the Secretary to establish as one criterion for the removal of goods or technology from the requirement that the goods or technology have validated and qualified general licenses the anticipated needs of the military of countries subject to national security export controls.

Prohibits imposing a national security export control on a good solely because it contains an embedded microprocessor if the microprocessor cannot be used or altered to perform functions other than those it performs in the good in which it is embedded. Permits imposing an export control on such a good only if the functions of the good are such that, if exported, it would make a significant contribution to the military potential of a country that would be detrimental to U.S. national security.

Prohibits, unless the affected country agrees to maintain International Atomic Energy Agency safeguards: (1) issuing an export license for the export to a nonnuclear-weapon state of goods or technology which are to be used or are likely to be diverted for use in a nuclear production or utilization facility; (2) giving authorization to engage in the production of any special nuclear material in a nonnuclear-weapons state; (3) issuing a license for the export to such a state of parts or items especially relevant because of their significance for nuclear explosive purposes; and (4) retransfering to a nonnuclear-weapon state any such goods, technology, or items. Authorizes the President to waive such prohibition if application of the prohibition would be seriously prejudicial to the achievement of U.S. nonproliferation objectives or would otherwise jeopardize the common defense and security and if the President submits the Executive Order containing the waiver to Congress 60 days before the activity is carried out.

Adds several objectives to the list of objectives which the President shall attempt to accomplish in negotiating multilateral export controls.

Limits the duration of national security export controls on goods or technology that are available in foreign countries. Prohibits the Secretary from requiring a validated license for the export of such goods or technology if the availability has not been eliminated within six months of the President's determination that the absence of such export controls would be detrimental to national security. Authorizes the President to extend the existence of such controls for one year if the President certifies to Congress that the negotiations to eliminate the foreign availability are progressing and that the absence of the export control involved would prove detrimental to U.S. national security.

Requires the Secretary to accept the representations of export license applicants with respect to the foreign availability of goods or technology unless the representations are contradicted by reliable evidence.

Establishes in the Department of Commerce an Office of Foreign Availability which shall be responsible for gathering and analyzing information relating to determinations of foreign availability under the Export Administration Act. Requires such information to be made available to the Congress every six months.

Requires the Secretary to report to Congress within 90 days on a finding by a technical advisory committee that goods or technology subject to national security export controls are available in foreign countries. Prohibits the Secretary from requiring a validated export license for such goods or technology if after six months, the foreign availability has not been eliminated. Authorizes the President to extend the validated export license requirement for one yer if the President certifies to Congress that the negotiations to eliminate the foreign availability of such goods or technology are progressing and that the absence of the export control involved would prove detrimental to U.S. national security.

Directs the Secretary and the Secretary of Defense to complete the integration of the list of militarily critical technologies into the commodity control list. Requires the Secretaries to report to the appropriate congressional committees before April 1, 1985, any circumstances that would prevent the integrated list from being completed by that date.

Requires the President to resolve any dispute between the Secretaries over whether a good or technology on the list of militarily critical technologies should be integrated into the commodity control list.

Requires that the integrated list include only: (1) goods or technologies which are not possessed by nor available to countries that are subject to national security export controls; and (2) goods or technologies for which functionally equivalent goods or technologies are not possessed by nor available to such countries.

Requires the General Accounting Office to evaluate the attempt to integrate the list and to report its findings to Congress by April 1, 1985. Requires the Secretaries to consider mechanisms to reduce the list of militarily critical technologies.

Directs the Secretary of Defense to establish a procedure for annually reviewing the goods or technology on the list. Authorizes the Secretary to add or remove items from the list. Directs the President to resolve disagreements between the Secretaries over whether items should be added to or removed from the list.

Directs the Secretary of Defense to report to Congress by April 1, 1985, on the impact that transferring items on the list of militarily critical technologies to countries subject to national security export controls has had or will have on the military capabilities of those countries.

Lists criteria which the President shall consider when imposing, expanding, or extending foreign policy export controls.

Requires the President, before imposing foreign policy export controls, to consult with certain countries, including the countries with which the United States maintains export controls cooperatively.

Authorizes the President to impose, expand, or extend foreign policy export controls only after consultation with the appropriate congressional committee. Requires the President to submit a report to Congress before imposing, expanding, or extending such controls. Lists information to be included in such report.

Prohibits foreign policy export controls from affecting: (1) export contracts entered into before the controls were imposed; or (2) export licenses issued before such time. Declares that this prohibition shall not apply to export controls that relate to actual or imminent acts of aggression or of international terrorism, to actual or imminent gross violations of human rights, or to actual or imminent nuclear weapons tests.

Prohibits export controls imposed on goods or technology in short supply from affecting export contracts entered into before the controls were imposed.

Declares that foreign policy export controls do not authorize export controls on donations of goods intended to meet basic human needs.

Authorizes the President to impose export controls on medicine, food, and donations of goods which are restricted in the United States.

Directs the President to evaluate, within six months of the imposition of any foreign policy export controls, the results of attempts by the President to gain the cooperation of appropriate foreign governments in controlling the export to countries and consignees to which such export controls apply. Requires the Secretary to take the foreign availability of items subject to such controls if the President's efforts to eliminate foreign availability fail. Requires the Secretary to issue an export license for such items during the period of such foreign availability. Directs the Secretary to make a determination of foreign availability on the Secretary's own initiative or upon receipt of an allegation of foreign availability by an export license applicant.

Authorizes the President to prohibit or curtail the exportation from the United States of any goods, technology, or other information produced in the United States to the extent necessary to further, significantly, U.S. foreign policy or to fulfill U.S. international obligations.

Requires that the authority to prohibit or curtail exports shall be exercised by the Secretary in consultation with other departments and agencies.

Applies foreign policy export controls to activities undertaken with the intent to evade such controls even if such controls would not otherwise apply to such activities.

Authorizes the President to impose foreign policy export controls with respect to an expanded number of goods or technology if: (1) the President reports to Congress on the proposed controls; and (2) a law is enacted authorizing such controls. Provides for expedited consideration of a joint resolution authorizing such controls.

Requires that any determination of the Secretary with respect to exporting or granting export licenses for crime control instruments shall be made with the concurrence of the Secretary of State.

Reimposes for one year the foreign policy export controls which were in effect on February 28, 1982, and ceased to be effective on March 1, 1982, September 15, 1982, or January 20, 1983, (except those controls with respect to the 1980 summer Olympic games). Authorizes one year extensions of such controls.

Prohibits the President from rescinding a determination that a country supports international terrorism, unless the President submits a report to Congress justifying the rescission and certifying that the country has not provided such support for a year.

Authorizes entities which represent an industry or a substantial segment of an industry which processes metallic materials capable of being recycled to petition the Secretary to monitor exports of such material or impose export controls on such material if: (1) a domestic price increase of a domestic shortage resulting from increased exports is or may be a substantial cause of adverse effect on the economy or on a domestic industry; and (2) a significant increase in exports is or may be a substantial cause of adverse effect on the economy or a domestic industry. Requires such petition to include information demonstrating that specified criteria are satisfied. Requires the Secretary to issue regulations defining specified terms. Sets forth the criteria the Secretary shall use in determining whether to impose monitoring or controls on such materials. Prohibits the Secretary from considering another petition with respect to such material within six months of the final action on the prior petition. Deletes the provision permitting the Secretary to impose temporary controls on such materials after a petition has been filed. Requires specified procedures to be followed before export controls on such materials may be imposed.

Permits exports of certain domestically produced crude oil only if the President so recommends to Congress after making and publishing specified findings.

Terminates the short supply export controls on domestically produced crude oil on September 30, 1987.

Requires the President to notify Congress whenever the President determines that short supply export controls should be imposed on refined petroleum products.

Declares that foreign policy or short supply controls imposed on agricultural commodities shall cease to be effective if, within 60 days of receiving the President's report on such controls, the Congress does not adopt a joint resolution approving the controls.

Requires the Secretary to issue or deny within 60 days of submission those export license applications which are not referred to another department or agency. Requires the Secretary to inform an export license applicant in writing if the Secretary receives questions or negative recommendations from other departments or agencies with respect to the application. Entitles such an applicant to respond in writing to such questions or recommendations and to respond in person to the department or agency raising such questions or recommendations.

Requires the Secretary to allow an export license applicant 30 days to respond to a decision denying the license application.

Prohibits the Secretary from returning a license application without action if the license requirements are changed after the application has been submitted. Authorizes the Secretary to request additional information in such a case.

Requires the Secretary to provide a proper classification of a good or technology on the commodity control list within ten days of receiving a request for such classification.

Requires the Secretary to respond within 30 days to an inquiry about the applicability of export license requirements to a proposed export transaction or series of transactions.

Requires the Secretary to report every 90 days to specified congressional committees on the number of export license applications which during the preceding 90 days required more than 60 days to process.

Authorizes appropriations to carry out the purposes of such Act for FY 1984 and 1985.

Extends the authority granted by such Act until September 30, 1985.

Requires the Secretary to modify the office hours of the Office of Export Administration on at least four days of each workweek to accommodate exporters throughout the United States. Directs the Secretary to conduct a study to determine the feasibility of using computer terminals located at ports and other points of exit from and entry into the United States to facilitate relevant agency interaction and to reduce delays in the issuance of export licenses.

Title II: Export Promotion Programs - Authorizes appropriations for FY 1984 and 1985 to carry out Commerce Department export promotion programs.

Directs the President to report to Congress, within 180 days of enactment of this Act, on a contingency plan to promote agricultural exports by bartering surplus agricultural commodities for petroleum, petroleum products, and other vital materials. Authorizes the President: (1) to barter farm commodities for such materials in situations in which sales would otherwise not occur; and (2) to purchase such materials which are produced abroad and acquired by persons in the United States through barter for farm commodities produced in and exported from the United States through normal commercial trade channels. Directs the President to take steps to safeguard existing export markets for farm commodities operating on conventional business terms.

Title III: South Africa - United States Policy Toward South Africa Act of 1983 - Subtitle I: Labor Standards - Requires any United States person who has or controls an enterprise in South Africa which employs more than 20 people to insure that in operating such enterprise the following employment principles are implemented: (1) desegregation in any employment facility; (2) equal employment for all employees; (3) equal pay for equal work; (4) establishment of a minimum wage and salary structure; (5) increase in the representation of nonwhites in managerial, supervisory, administrative, clerical, and technical jobs; (6) improvement of the quality of employees' lives outside the work environment; and (7) recognition of labor unions and fair labor practices. Declares that the Secretary may issue guidelines and give advisory opinions on compliance with such principles.

Directs the Secretary of State ("the Secretary") to establish an Advisory Council in South Africa to advise the Secretary with respect to the implementation of such employment principles and to review the annual reports which each U.S. person covered by this Act must submit to the Secretary on the progress made in implementing such principles.

Directs the Secretary to establish in the United States an American Advisory Council to make policy recommendations regarding labor practices of U.S. persons in South Africa and to review such persons' progress in implementing such employment practices.

Directs the Secretary: (1) to take specified actions to insure compliance with the implementation of such employment principles; and (2) to review the compliance of such persons at least biennially. Sets forth penalties for noncompliance. Authorizes the President to waive compliance with the implementation of such principles if such compliance would harm U.S. national security.

Subtitle II: Prohibition on Loans and Importation of Gold Coins - Prohibits any U.S. bank from making any loan directly or through a foreign subsidiary to South Africa unless such loan is for educational, housing, or health facilities available to all persons on a nondiscriminatory basis. Prohibits the importation of any gold coin minted in South Africa or sold by South Africa.

Directs the Secretary to take specified actions to enforce the prohibitions on loans and the importation of gold coins. Sets forth penalties for violations of such prohibitions. Authorizes the President to waive such prohibitions for one year if South Africa meets specified conditions.

Subtitle III: Investment in South Africa - Directs the President to prohibit U.S. persons from making any investment in South Africa. Sets forth penalties for violations of such prohibition. Terminates such prohibition upon enactment of a joint resolution approving a finding by the President that South Africa has made substantial progress toward the full participation of all the people of South Africa in the social, political, and economic life in that country and toward an end to discrimination based on race or ethnic origin.

Subtitle IV: General Provisions - Directs Federal agencies to cooperate with the Secretary in carrying out provisions of this Act.

Title IV: Soviet Union - Prohibits U.S. persons from importing any gold coin minted in the Soviet Union or offered for sale by the Soviet Government. Sets forth penalties for violations of this title. Directs Federal agencies to cooperate with the Secretary in carrying out this title.