2015 US Code
Title 50 - War and National Defense (Sections 1 - 4705)
Chapter 56 - Export Administration (Sections 4601 - 4623)
Sec. 4616 - Annual report

Not later than December 31 of each year, the Secretary shall submit to the Congress a report on the administration of this chapter during the preceding fiscal year. All agencies shall cooperate fully with the Secretary in providing information for such report. Such report shall include detailed information with respect to—

(1) the implementation of the policies set forth in section 4602 of this title;

(2) general licensing activities under sections 4604, 4605, and 4606 of this title, and any changes in the exercise of the authorities contained in sections 4604(a), 4605(a), and 4606(a) of this title;

(3) the results of the review of United States policy toward individual countries pursuant to section 4604(b) of this title;

(4) the results, in as much detail as may be included consistent with the national security and the need to maintain the confidentiality of proprietary information, of the actions, including reviews and revisions of export controls maintained for national security purposes, required by section 4604(c)(3) of this title;

(5) actions taken to carry out section 4604(d) of this title;

(6) changes in categories of items under export control referred to in section 4604(e) of this title;

(7) determinations of foreign availability made under section 4604(f) of this title, the criteria used to make such determinations, the removal of any export controls under such section, and any evidence demonstrating a need to impose export controls for national security purposes notwithstanding foreign availability;

(8) actions taken in compliance with section 4604(f)(6) of this title;

(9) the operation of the indexing system under section 4604(g) of this title;

(10) consultations with the technical advisory committees established pursuant to section 4604(h) of this title, the use made of the advice rendered by such committees, and the contributions of such committees toward implementing the policies set forth in this chapter;

(11) the effectiveness of export controls imposed under section 4605 of this title in furthering the foreign policy of the United States;

(12) export controls and monitoring under section 4606 of this title;

(13) the information contained in the reports required by section 4606(b)(2) of this title, together with an analysis of—

(A) the impact on the economy and world trade of shortages or increased prices for commodities subject to monitoring under this chapter or section 612c–3 ¹ of title 7;

(B) the worldwide supply of such commodities; and

(C) actions being taken by other countries in response to such shortages or increased prices;

(14) actions taken by the President and the Secretary to carry out the antiboycott policies set forth in section 4602(5) of this title;

(15) organizational and procedural changes undertaken in furtherance of the policies set forth in this chapter, including changes to increase the efficiency of the export licensing process and to fulfill the requirements of section 4609 of this title, including an accounting of appeals received, court orders issued, and actions taken pursuant thereto under subsection (j) of such section;

(16) delegations of authority by the President as provided in section 4603(e) of this title;

(17) efforts to keep the business sector of the Nation informed with respect to policies and procedures adopted under this chapter;

(18) any reviews undertaken in furtherance of the policies of this chapter, including the results of the review required by section 4614(d) of this title, and any action taken, on the basis of the review required by section 4614(e) of this title, to simplify regulations issued under this chapter;

(19) violations under section 4610 of this title and enforcement activities under section 4614 of this title; and

(20) the issuance of regulations under the authority of this chapter, including an explanation of each case in which regulations were not issued in accordance with the first sentence of section 4615(b) of this title.

To the extent that the President determines that the policies set forth in section 4602 of this title require the control of the export of goods and technology other than those subject to multilateral controls, or require more stringent controls than the multilateral controls, the President shall include in each annual report the reasons for the need to impose, or to continue to impose, such controls and the estimated domestic economic impact on the various industries affected by such controls.

The President shall include in each annual report a detailed report on the progress of the negotiations required by section 4604(i) of this title, until such negotiations are concluded.

The Secretary shall include in each annual report a detailed report which lists every license for exports to controlled countries which was approved under this chapter during the preceding fiscal year. Such report shall specify to whom the license was granted, the type of goods or technology exported, and the country receiving the goods or technology. The information required by this subsection shall be subject to the provisions of section 4614(c) of this title.

The Secretary shall include in each annual report a detailed description of the extent of injury to United States industry and the extent of job displacement caused by United States exports of goods and technology to controlled countries. The annual report shall also include a full analysis of the consequences of exports of turnkey plants and manufacturing facilities to controlled countries which are used by such countries to produce goods for export to the United States or to compete with United States products in export markets.

The President shall submit an annual report to the Congress estimating the additional defense expenditures of the United States arising from illegal technology transfers, focusing on estimated defense costs arising from illegal technology transfers that resulted in a serious adverse impact on the strategic balance of forces. These estimates shall be based on assessment by the intelligence community of any technology transfers that resulted in such serious adverse impact. This report may have a classified annex covering any information of a sensitive nature.

(Pub. L. 96–72, §14, Sept. 29, 1979, 93 Stat. 532; Pub. L. 99–64, title I, §115, July 12, 1985, 99 Stat. 152; Pub. L. 100–418, title II, §§2418(c), 2445, Aug. 23, 1988, 102 Stat. 1357, 1369.)

For termination of authority granted by this chapter, see section 4622 of this title.

This chapter, referred to in subsecs. (a) and (d), was in the original "this Act", meaning Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, known as the Export Administration Act of 1979, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables.

Section 612c–3 of title 7, referred to in subsec. (a)(13)(A), was repealed by Pub. L. 101–624, title XV, §1578, Nov. 28, 1990, 104 Stat. 3702. See section 5712 of Title 7, Agriculture.

Section was formerly classified to section 2413 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

A prior section 2413 of the former Appendix to this title, Pub. L. 91–184, §15, formerly §14, Dec. 30, 1969, 83 Stat. 847; Pub. L. 92–37, June 30, 1971, 85 Stat. 89; Pub. L. 92–150, Oct. 30, 1971, 85 Stat. 416; Pub. L. 92–284, Apr. 29, 1972, 86 Stat. 133; Pub. L. 92–412, title I, §106, Aug. 29, 1972, 86 Stat. 646; Pub. L. 93–327, June 30, 1974, 88 Stat. 287; Pub. L. 93–372, Aug. 14, 1974, 88 Stat. 444; Pub. L. 93–500, §13, Oct. 29, 1974, 88 Stat. 1557; renumbered §15 and amended Pub. L. 95–52, title I, §§101, 102, June 22, 1977, 91 Stat. 235, provided for the termination of authority granted by the Export Administration Act of 1969, prior to the expiration of this Act on Sept. 30, 1979.

1988—Subsec. (a)(8). Pub. L. 100–418, §2418(c), substituted "4604(f)(6) of this title" for "4604(f)(5) of this title".

Subsec. (f). Pub. L. 100–418, §2445, added subsec. (f).

1985—Subsec. (a)(15). Pub. L. 99–64, §115(a), struck out "an analysis of the time required to process license applications, the number and disposition of export license applications taking more than 30 days to process, and" after "requirements of section 10, including".

Subsecs. (d), (e). Pub. L. 99–64, §115(b), added subsecs. (d) and (e).

Functions conferred upon President under this section delegated to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45 F.R. 29783, set out under section 4603 of this title.

¹ See References in Text note below.