Summary: H.R.3489 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

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Conference report filed in House (10/05/1992)

Omnibus Export Amendments Act of 1992 - Title I: Export Administration Act Amendments - Export Administration Act Amendments of 1992 - Amends the Export Administration Act of 1979 (the Act) with respect to the export of U.S. goods and technology to foreign countries. Requires the Secretary of Commerce (Secretary) to grant an export distribution license primarily on the basis of the reliability of an applicant and foreign consignees to prevent the diversion of items to an unauthorized use or consignee. (Currently, refers to "controlled countries" only).

Requires the Secretary to modify each item on the control list to specify performance and other identifying characteristics of technical data subject to national security and foreign policy controls, or to export controls under the Nuclear Non-Proliferation Act of 1978.

Declares that not later than 90 days after enactment of this Act, no permission may be required for the export of goods or technology to, or reexport of such items from, a country which maintains export controls on such items cooperatively with the United States pursuant to the agreement with the Coordinating Committee (CoCom). Authorizes the Secretary to require permission for export or reexport of such items (including supercomputers, nuclear sensitive technology, and devices for surreptitious interception of wire or oral communications) to unreliable end users.

Authorizes the Secretary to require permission to export or reexport such items pursuant to special multilateral control arrangements agreed to by CoCom, if all countries in which such items are produced agree to equivalent licensing requirements. Requires the Secretary, if he or she determines a country is noncompliant with the CoCom or other applicable control agreement, to require permission to export or reexport such items to such country, and to reexport them from that country.

Declares that no permission may be required to reexport U.S. technology from a country when the technology to be reexported is incorporated in other technology, and other specified conditions are met.

Requires the Secretary, with respect to the definition of "supercomputer," to establish and publish in the Federal Register a performance-based indexing system to ensure that such definition and all controls and security safeguard procedures on supercomputer exports and reexports are commensurate with technological advances. Sets forth circumstances under which such safeguards are not required.

Declares it is U.S. policy that licensing treatment of controlled countries should be revised for those countries that: (1) represent a lesser strategic threat; and (2) implement an effective export control system. Requires the President to determine whether: (1) Latvia, Lithuania, Estonia, Poland, and Czechoslovakia, or any successor state, should be removed from the list of controlled countries, based on their progress in cooperating with CoCom on export controls; and (2) any of the independent states of the former Soviet Union should be removed from such list.

Requires all licenses for the export of goods or technology for civil end uses to be given a presumption of approval.

Requires the Secretary to issue regulations implementing the agreement reached in the CoCom High Level Meeting of June 6 and 7, 1990, and May 23, 1991, relating to removal of controls, national discretion, and favorable consideration of export licenses.

Prohibits items from being included on both the Commodity Control List and the United States Munitions List.

Declares that certain items that are not on the International Munitions List may, if specified conditions exist, be subject to control under the Arms Export Control Act (AECA). Requires the Comptroller General to study and report to the Congress on the implications of control under the AECA of mass market computer software, including software with encryption capabilities, that is on the U.S. Munitions List.

Requires the Secretary to publish regulations implementing the agreement on telecommunications equipment for civil and uses reached at the CoCom High Level Meeting of June 1 and 2, 1992. Provides for the treatment of export license applications for the export of such equipment under the agreement.

Requires the Secretary, in implementing the national discretion and favorable consideration procedures agreed to by CoCom, to: (1) consider the actions of other CoCom members in approving or denying export licenses that are subject to such procedures; and (2) seek to ensure that U.S. exports are not placed at a competitive disadvantage. Sets forth requirements with respect to the issuance or denial of a license for the export of goods and technology subject to such CoCom procedures.

Declares it to be U.S. policy: (1) in considering the submission of general exception cases to CoCom, to ensure consistency in the treatment of U.S. exporters and exporters from CoCom countries, and to support democracy and economic development in Eastern Europe and the independent states of the former Soviet Union; and (2) to provide specific guidelines to U.S. exporters with respect to goods, sectors, and end users eligible for such exceptions, and to notify such exporters of all agreements adopted by CoCom with respect to such exceptions.

Requires the control list to reflect multilateral control agreements reached by CoCom. Requires the Secretary to review, at least once each year, for removal, as well as for revision of the International Industrial List, all goods and technology on the control list.

Terminates, as of September 30, 1993, and as of the end of each two-year period thereafter, all national security controls on the export of goods and technology to countries other than a controlled country, unless the Secretary determines that such items would make a significant contribution to the military potential of another country and would prove detrimental to U.S. security. Requires the United States to propose a policy to CoCom for termination of all controls on exports to any controlled country, except in certain circumstances.

Requires the Secretary of State, no later than November 1, 1993, and not later than the end of each two-year period thereafter, to submit to CoCom a proposal to terminate such controls on controlled countries.

Declares that an export control shall be considered to be unilaterally maintained by the United States if it is a restriction, condition, or interpretation imposed by the Secretary upon goods or technology, or upon a license application for the export of such items, that is not imposed in similar circumstances by other governments of CoCom. Requires the Secretary to ensure that no new unilateral controls are created.

Declares that, in specified circumstances, approval shall be presumed for license for export to a 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 the data does not exceed the minimum level necessary for the installation, operation, maintenance (checking), and repair of such items.

Changes from discretionary to mandatory the Secretary's authority to establish indexing procedures which provide for automatic increases (instead of the currently authorized annual increases) in the performance levels of certain goods or technology subject to export licensing controls. Requires removal of goods or technology which no longer meet the performance levels increased pursuant to such procedures from the commodity control list, unless the Secretary determines that removal of controls will permit exports detrimental to U.S. national security, and reports that determination to specified congressional committees.

Directs the Secretary to require technical advisory committees to recommend indexing procedures for certain goods or technology.

Requires the Secretary to review, and report to the Congress on, the goods and technology available from newly industrialized countries to determine if such items are of such sophistication that they warrant multilateral export controls. Requires the Secretary of State to propose to CoCom to initiate negotiations with such countries to reach agreements with respect to the restriction of exports or to obtain their participation in CoCom if the Secretary determines that such multilateral controls are warranted.

Requires the Secretary of State to submit to CoCom any U.S. proposal that would apply a final determination affecting U.S. exports to controlled countries.

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

Requires the Secretary to terminate licensing benefits to countries that fail to maintain export restrictions comparable to those maintained by CoCom.

Requires the President to publish the full text of CoCom's three International Control Lists, together with all notes and understandings concerning the list agreed to by CoCom. Provides for the confidentiality of such matter if it is determined that its publication would be contrary to national or international security, or inconsistent with U.S. obligations to CoCom.

Prohibits the export or sale of controlled goods or technology to countries that have been determined to have repeatedly provided support to international terrorism. Prohibits the export of goods or technology controlled under national security controls to any such country, unless the Secretary of State determines it would not make a significant contribution to the military potential of the country. Authorizes the President to waive such prohibitions.

Increases the criminal and civil penalties for violations of the national security and foreign policy export control laws of the United States. Limits civil penalties for each violation to no more than $50,000.

Requires the Secretary to inform the Attorney General of any possible antiboycott violations.

Requires the President to apply specified economic sanctions against foreign persons who violate negotiated agreements to restrict exports for national security purposes or an export control system maintained by a controlled country that is receiving licensing benefits from CoCom because of its status as a lesser strategic threat. Includes as a sanction against foreign violators the revocation of any issued export license and the entry of an order by the Secretary denying all export privileges to such person.

Declares that all goods or technology seized for violation of the export laws shall be forfeited to the United States.

Makes sums for export enforcement under the Act available for undercover investigative operations for the detection and prosecution of violations of such Act by the Office of Export Enforcement of the Department of Commerce.

Provides for the judicial review of specified regulations and agency actions under the Act.

States that export licensing preferences for China should be eliminated because of its human rights abuses. Urges the denial of permission to export goods and technology (chemical weapons and missile technology) to China unless it gives adequate assurances regarding end-use and nontransfer of such items to a third country.

Prohibits the export of U.S. satellites that are intended for launch from a Chinese launch vehicle. Authorizes the President to waive such prohibition upon certification by the United States Trade Representative (USTR) that China is in compliance with a specified memorandum of agreement concerning the trade of such launch vehicles.

Expresses the sense of the Congress that no exports to any independent state of the former Soviet Union should be made if such state: (1) restricts the emigration of Jews; or (2) does not agree to withdraw its troops from Latvia, Lithuania, and Estonia.

Authorizes appropriations to the Department of Commerce for FY 1993 and 1994.

Extends the Act through FY 1994.

Requires the Secretary to report annually to the Congress on the operation of the Office of Foreign Availability, including staffing and training.

Makes specified revisions to certain required reports concerning export controls.

Amends the Forest Resources Conservation and Shortage Relief Act of 1990 to prohibit the export of unprocessed timber from public lands. Authorizes States to promulgate regulations establishing monitoring and reporting requirements and penalties for violations of such prohibition. Authorizes the Secretary to waive for any person the requirement of not having exported unprocessed timber from the private lands within a sourcing area for 24 months, if specified conditions are met.

Title II: Export Promotion - Amends the Export Enhancement Act of 1988 to require the President to establish the Trade Promotion Coordinating Committee (TPCC) to coordinate U.S. export promotion and export financing activities.

Requires the United States and Foreign Commercial Service in promoting the export of U.S. goods and services (particularly by small and medium-sized businesses) to: (1) utilize its district and foreign offices as one-stop shops for U.S. exporters by providing them with information on U.S. export promotion and export finance activities and assisting them in making contact with Federal programs; and (2) provide U.S. exporters and export finance institutions with information on all financing and insurance programs of the Export-Import Bank of the United States, the Overseas Private Investment Corporation, the Trade and Development Program, and the Small Business Administration, including providing assistance in completing applications for such programs.

Requires such organizations to: (1) provide the Commercial Service with complete information on all of their programs and financing practices; and (2) undertake a training program regarding such programs and practices for Commercial Service Officers who are designated by the Assistant Secretary of Commerce and Director General of the Commercial Service.

Declares it is U.S. policy to foster the export of U.S. environmental technologies, goods, and services. Requires the President to establish the Environmental Trade Promotion Working Group as a subcommittee of the TPCC to address all issues with respect to the export promotion and export financing of such items, and to develop strategies for their expansion.

Requires the Secretary in support of the Working Group to make available as part of the regular market survey and information services activities of the Department of Commerce information on: (1) existing and emerging markets and market trends for environmental technologies, goods, and services; and (2) the related export promotion programs of the agencies that are represented on the Working Group.

Authorizes the Secretary to designate a Foreign Commercial Service officer to serve as the Environmental Export Assistance Officer in any country whose companies compete for U.S. exports of environmental technologies, goods, and services, or that offers promising markets for such exports.

Directs the chairperson of the TPCC to report to the Congress on the adequacy and expansion of Federal investment insurance and export financing programs for businesses that may fail from changes by foreign governments in their environmental laws.

Increases from eight to sixteen the number of missions that the Secretary may designate abroad and for which senior Commercial Service Officers will be able to use the diplomatic title of Minister - Counselor.

Requires the Secretary to report to the Congress on the U.S. international economic position.

Amends the Export Administration Amendments Act of 1985 to authorize appropriations for the Department of Commerce for FY 1993 and 1994 for export promotion programs.

Title III: Nuclear Proliferation Prevention Act of 1992 - Nuclear Proliferation Prevention Act of 1992 - Subtitle A: Reporting an Nuclear Exports - Amends the Nuclear Non-Proliferation Act of 1978 to require the President to report annually to the Congress on the implementation of nuclear and nuclear-related dual-use export controls in the preceding calendar year.

Subtitle B: Sanctions for Nuclear Proliferation - Requires the President to impose sanctions upon any foreign person or U.S. person who has materially and with requisite knowledge contributed, through the export of goods or technology, to the efforts by any individual, group, or non-nuclear-weapon state to acquire unsafeguarded special nuclear material or to use, develop, produce, stockpile, or acquire any nuclear explosive device. Lists among such sanctions a prohibition against procuring goods or services from such persons. Imposes such sanctions on successor entities to such persons, as well as subsidiaries, parents, and affiliates if they materially and with requisite knowledge participated in such activities.

Urges the President to initiate consultations with foreign governments with jurisdiction over such foreign persons with respect to the imposition of sanctions. Requires the President to impose sanctions unless he certifies to the Congress that a government has taken actions to terminate the involvement of a person in such activities.

Amends the Arms Export Control Act to prohibit the sale or lease of defense articles or services to any country that is in material breach of its commitments to the United States with respect to international agreements on the nonproliferation of nuclear explosive devices and unsafeguarded special nuclear material.

Amends the Foreign Assistance Act of 1961 to authorize the President to waive a prohibition on assistance to countries engaging in certain nuclear enrichment transfers with respect to Pakistan if to do is in the national security interest.

Requires the Secretary of the Treasury to instruct the U.S. executive directors of specified international institutions to oppose any use of funds to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of nuclear explosive devices by non-nuclear weapon states.

Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to require imposition of specified prohibitions on financial institutions that the President has determined have materially and with requisite knowledge contributed to the efforts by any individual, group, or non-nuclear weapon state to acquire unsafegarded nuclear material or to use, develop, stockpile, or acquire any nuclear explosive device. Lists such prohibitions as: (1) a prohibition on designating such institutions as primary dealers in U.S. Government debt instruments; (2) a prohibition on such institutions serving as agents of the U.S. Government or a repositories for U.S. Government funds; and (3) a prohibition on such institutions commencing any line of business in the United States in which they were not engaged at the time of determination or from conducting business from any location at which they were not conducting business at such time.

Makes requirements for consultation with foreign governments and sanction termination previously listed in this Act applicable to prohibitions on financial institutions.

Authorizes the President to waive a prohibition if he certifies to the Congress that a prohibition would have an adverse effect on the safety and soundness of the domestic or international financial system or on domestic or international payments systems.

Amends the Export-Import Bank Act to prohibit Export-Import Bank assistance to any country that has aided or abetted a non-nuclear weapon state in acquiring a nuclear explosive device or unsafeguarded nuclear material.

Amends the Foreign Assistance Act of 1961 to require the President to impose specified sanctions on countries that: (1) transfer to a non-nuclear weapon state any design information or component which is important to, and known by the transferring country to be intended for use by the recipient state in, the development or manufacture of nuclear explosive devices; or (2) is a non-nuclear weapon state that has sought and received such information or component for use by a recipient state in the development or manufacture of such devices. Lists such sanctions as: (1) termination of foreign assistance, except for humanitarian assistance or food or other agricultural commodities; (2) termination of sales of defense articles and services, including licenses for the export of any item on the U.S. Munitions List; (3) termination of foreign military financing; (4) denial of credit, credit guarantees, or other U.S. financial assistance; and (5) prohibition on the export of specific goods and technology.

Amends the State Department Basic Authorities Act of 1956 to include within the definition of "international terrorism", for purposes of making rewards, any act contributing to the acquisition of unsafeguarded nuclear material or nuclear explosive devices by an individual, group, or non-nuclear weapon state.

Amends the Arms Control and Disarmament Act to require a specified annual report with respect to adherence to arms control agreements to deal with 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 or the acquisition by such states of unsafeguarded special nuclear material.

Expresses the sense of the Congress that the Department of State should, in implementing its reporting responsibilities under the Nuclear Non-Proliferation Act of 1978, include a summary of demarches (official communications by one government to another concerning actions that may contribute to the spread of such devices or materials) that the United States has issued or received from foreign governments.

Amends the Atomic Energy Act of 1954 to apply a specified consultation requirement with respect to nuclear exports to exports or transfers of more than 5 kilograms (currently, 20 kilograms) of specified enriched uranium.

Subtitle C: International Atomic Energy Agency - Expresses the sense of the Congress that the United States should seek to negotiate with other nations to maintain and enhance international confidence in the effectiveness of International Atomic Energy Agency (IAEA) safeguards and in other multilateral undertakings to halt the proliferation of nuclear weapons, including initiatives for: (1) building international support for the principle that nuclear supply relationships must require purchasing nations to agree to full-scope international safeguards; (2) encouraging each nuclear weapon state to undertake a comprehensive review of its own procedures for declassifying information relating to the design or production of nuclear explosive devices and to investigate any measures that would reduce the risk of such information's contributing to nuclear weapons proliferation; (3) arranging for timely payment of annual financial contributions by all IAEA members; and (4) seeking agreement among the parties to the Treaty on the Non-Proliferation of Nuclear Weapons to apply IAEA safeguards in perpetuity and to establish new limits on the right to withdraw from that treaty.

Urges the President to negotiate with other nations to promote the early adoption of reforms in the implementation of the safeguards responsibilities of the IAEA.

Requires the President to submit a certain report.

Title IV: Economic Cooperation Projects in China and Tibet - Expresses the sense of the Congress that U.S. economic cooperation projects in China or Tibet should adhere to specified human rights, occupational safety, and other principles. Sets forth specified reporting requirements.

Title V: Miscellaneous Provisions - Expresses the sense of the Congress that the Soviet Union should cease military assistance to Cuba.

Requires the President to submit to the Congress an analysis of the impact on efforts to achieve peace in the Middle East of specified Palestine Liberation (PLO) attacks against Israelis.

Directs the Director of the Federal Bureau of Investigations to submit to specified congressional committees a report on illegal activities of the PLO in the United States.

Prohibits the issuance of licenses for certain transactions involving U.S.-controlled firms in third countries and Cuba.