President Continues Export Controls For One Year, Orders Review of U.S. Export Control System
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On August 13, 2009, the President continued for one year all rules and regulations issued or continued in effect under the authority of the Export Administration Act of 1979 or certain provisions of the Arms Export Control Act (AECA) and all orders, regulations, licenses, and other forms of administrative action issued, taken, or continued in effect pursuant to the EAA of 1979 or certain provisions of the AECA, except to the extent that they are inconsistent with certain provisions of the International Emergency Economic Powers Act (IEEPA).
(This Presidential action was taken through a one-year extension of the national emergency declared under Executive Order 13222.)
President Orders Review of U.S. Export Control System
In addition, the President has directed the National Economic Council and National Security Council to launch a broad-based interagency process for reviewing the overall U.S. export control system, including both the dual-use and defense trade processes.
The aim of the review is to consider reforms to the system to enhance the national security, foreign policy, and economic security interests of the U.S.
According to the President, the U.S. export control system is rooted in the Cold War era and must be updated to address the threats the U.S. now faces and the changing economic and technological landscape.
Congressional Review of 'Dual-Use' Exports Launched
House Foreign Affairs Committee Chairman Berman has announced that he has launched a congressional review of U.S. export controls on U.S. goods that have both commercial and military applications - 'dual-use' items.
Chairman Hopes to Introduce New Export Administration Act in Early 2010
Berman states that he hopes to introduce a new EAA in the beginning of 2010 that will overhaul the dual-use export control system.
(Note that the fundamental basis for U.S. dual-use export controls, the EAA of 1979, expired in 1994. It was extended briefly in 2000, and export controls have been kept in force through the authority of IEEPA.)
White House extension of national emergency, FR Pub 08/14/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-19775.pdf
Statement by Press Secretary, dated 08/13/09, available at http://www.whitehouse.gov/the_press_office/Statement-of-the-Press-Secretary/.
House Foreign Affairs Committee press release, dated 08/13/09, available at http://foreignaffairs.house.gov/press_display.asp?id=639.