Export Control Enforcement and Enhancement Act

Export Control Enforcement and Enhancement Act

This bill allows federal agencies to expedite consideration of modifications to the Entity List. (The Entity List provides the names of foreign entities that are subject to export license requirements because they are threats to U.S. national security and foreign policy.)

Specifically, the bill allows the Departments of State, Defense, or Energy (or other appropriate federal agencies) to submit proposals to the Department of Commerce for additions to, removals from, or other modifications with respect to entities on the Entity List. Commerce must submit each proposal to the End-User Review Committee (which is responsible for creating and maintaining the Entity List). Generally, within 30 days of receiving a proposal, the committee must vote to approve or disapprove the proposal. (Commerce administers licensing and civil enforcement functions for dual-use exports through its Bureau of Industry and Security.)

The bill creates a presumption of denial of licenses for the export, reexport, or in-country transfer of any item (including software and technology) included on the Commerce Control List that is controlled for national security reasons to or in a country subject to an embargo, including an arms embargo, imposed by the United States or to any foreign person included on the Entity List. Commerce must notify Congress within 15 days of (1) determining not to apply a presumption of denial (in accordance with the bill), or (2) removing national security as the reason for a control on any item on the Commerce Control List.