50 U.S.C. § 4601
Section 4601 · Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232
Amended 3 times on record
Applied in 31 court decisions — leading case National Ass'n of Concerned Veterans v. Secretary of Defense (1982)
Most recently applied in Fed. Energy Regulatory Comm'n v. Powhatan Energy Fund, LLC (September 2018)
The Congress makes the following findings:
(1) The ability of United States citizens to engage in international commerce is a fundamental concern of United States policy.
(2) Exports contribute significantly to the economic well-being of the United States and the stability of the world economy by increasing employment and production in the United States, and by earning foreign exchange, thereby contributing favorably to the trade balance. The restriction of exports from the United States can have serious adverse effects on the balance of payments and on domestic employment, particularly when restrictions applied by the United States are more extensive than those imposed by other countries.
(3) It is important for the national interest of the United States that both the private sector and the Federal Government place a high priority on exports, consistent with the economic, security, and foreign policy objectives of the United States.
(4) The availability of certain materials at home and abroad varies so that the quantity and composition of United States exports and their distribution among importing countries may affect the welfare of the domestic economy and may have an important bearing upon fulfillment of the foreign policy of the United States.
(5) Exports of goods or technology without regard to whether they make a significant contribution to the military potential of individual countries or combinations of countries may adversely affect the national security of the United States.
(6) Uncertainty of export control policy can inhibit the efforts of United States business and work to the detriment of the overall attempt to improve the trade balance of the United States.
(7) Unreasonable restrictions on access to world supplies can cause worldwide political and economic instability, interfere with free international trade, and retard the growth and development of nations.
(8) It is important that the administration of export controls imposed for national security purposes give special emphasis to the need to control exports of technology (and goods which contribute significantly to the transfer of such technology) which could make a significant contribution to the military potential of any country or combination of countries which would be detrimental to the national security of the United States.
(9) Minimization of restrictions on exports of agricultural commodities and products is of critical importance to the maintenance of a sound agricultural sector, to a positive contribution to the balance of payments, to reducing the level of Federal expenditures for agricultural support programs, and to United States cooperation in efforts to eliminate malnutrition and world hunger.
(10) It is important that the administration of export controls imposed for foreign policy purposes give 1 special emphasis to the need to control exports of goods and substances hazardous to the public health and the environment which are banned or severely restricted for use in the United States, and which, if exported, could affect the international reputation of the United States as a responsible trading partner.
(11) Availability to controlled countries of goods and technology from foreign sources is a fundamental concern of the United States and should be eliminated through negotiations and other appropriate means whenever possible.
(12) Excessive dependence of the United States, its allies, or countries sharing common strategic objectives with the United States, on energy and other critical resources from potential adversaries can be harmful to the mutual and individual security of all those countries.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Termination Date
For termination of authority granted by this chapter, see section 4622 of this title.
Codification
Section was formerly classified to section 2401 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 2401 of the former Appendix to this title, Pub. L. 91–184, §2, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, §102, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, §4(a), Oct. 29, 1974, 88 Stat. 1553, set forth findings of Congress with respect to the Export Administration Act of 1969, prior to the expiration of this Act on Sept. 30, 1979.
Amendments
1993—Pars. (11) to (13). Pub. L. 103–199 redesignated pars. (12) and (13) as (11) and (12), respectively, and struck out former par. (11) which read as follows: "The acquisition of national security sensitive goods and technology by the Soviet Union and other countries the actions or policies of which run counter to the national security interests of the United States, has led to the significant enhancement of Soviet bloc military-industrial capabilities. This enhancement poses a threat to the security of the United States, its allies, and other friendly nations, and places additional demands on the defense budget of the United States."
1985—Par. (2). Pub. L. 99–64, §102(1), substituted "by earning foreign exchange, thereby contributing favorably to the trade balance" for "by strengthening the trade balance and the value of the United States dollar, thereby reducing inflation".
Par. (3). Pub. L. 99–64, §102(2), substituted "consistent with the economic, security, and foreign policy objectives of the United States" for "which would strengthen the Nation's economy".
Par. (6). Pub. L. 99–64, §102(3), amended par. (6) generally, substituting "inhibit the efforts of United States business and work" for "curtail the efforts of American business".
Par. (9). Pub. L. 99–64, §102(4), substituted "a positive contribution to the balance of payments" for "achievement of a positive balance of payments".
Pars. (10) to (13). Pub. L. 99–64, §102(5), added pars. (10) to (13).
Short Title of 1988 Amendment
Pub. L. 100–418, title II, §2441, Aug. 23, 1988, 102 Stat. 1364, provided that: "This part [part II (§§2441–2447) of subtitle D of title II of Pub. L. 100–418, enacting section 4611 of this title, amending sections 4604 and 4616 of this title and section 1864 of Title 19, Customs Duties, and enacting provisions formerly set out as notes under section 2410a of the former Appendix to this title] may be cited as the 'Multilateral Export Control Enhancement Amendments Act'."
Short Title of 1985 Amendment
Pub. L. 99–64, §1, July 12, 1985, 99 Stat. 120, provided that: "Titles I and II of this Act [enacting sections 4051 to 4053 of Title 15, Commerce and Trade, section 1864 of Title 19, Customs Duties, and section 466c of Title 46, Appendix, Shipping, amending this section and sections 4602 to 4606, 4609, 4610, 4614, 4615 to 4620, and 4622 of this title, sections 5314 and 5315 of Title 5, Government Organization and Employees, sections 2304 and 2778 of Title 22, Foreign Relations and Intercourse, and section 185 of Title 30, Mineral Lands and Mining, and enacting provisions set out as notes under sections 4604, 4605, and 4617 of this title and section 5314 of Title 5] may be cited as the 'Export Administration Amendments Act of 1985'."
Short Title of 1981 Amendment
Pub. L. 97–145, §1, Dec. 29, 1981, 95 Stat. 1727, provided: "That this Act [amending sections 4605, 4610, 4614, and 4620 of this title and enacting provisions set out as notes under sections 4605, 4610, and 4620 of this title] may be cited as the 'Export Administration Amendments Act of 1981'."
Short Title
Pub. L. 96–72, §1, Sept. 29, 1979, 93 Stat. 503, provided that: "This Act [enacting this chapter, amending section 1732 of Title 7, Agriculture, sections 2778 and 3108 of Title 22, Foreign Relations and Intercourse, section 993 of Title 26, Internal Revenue Code, and sections 6212 and 6274 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 4606 and 4609 of this title and section 3108 of Title 22] may be cited as the 'Export Administration Act of 1979'."
Director of National Intelligence Support for Reviews of International Traffic in Arms Regulations and Export Administration Regulations
Pub. L. 111–259, title IV, §415, Oct. 7, 2010, 124 Stat. 2727, provided that: "The Director of National Intelligence may provide support for any review conducted by a department or agency of the United States Government of the International Traffic in Arms Regulations or Export Administration Regulations, including a review of technologies and goods on the United States Munitions List and Commerce Control List that may warrant controls that are different or additional to the controls such technologies and goods are subject to at the time of such review."
Ex. Ord. No. 12131. President's Export Council
Ex. Ord. No. 12131, May 4, 1979, 44 F.R. 26841, as amended by Ex. Ord. No. 12551, Feb. 21, 1986, 21 F.R. 6509; Ex. Ord. No. 12991, Mar. 6, 1996, 61 F.R. 9587; Ex. Ord. No. 13138, §5, Sept. 30, 1999, 64 F.R. 53880; Ex. Ord. No. 13316, §5, Sept. 17, 2003, 68 F.R. 55256; Ex. Ord. No. 13596, §1, Dec. 19, 2011, 76 F.R. 80725, provided:
By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to expand the membership of the President's Export Council, in accord with the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), it is hereby ordered as follows: