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107th Congress, 1st Session - - - - - - - - - - - - - House Document 107-38


 
 PERIODIC REPORT ON THE NATIONAL EMERGENCY CAUSED BY THE LAPSE OF THE 
EXPORT ADMINISTRATION ACT OF 1979 FOR AUGUST 19, 2000 TO NOVEMBER 13, 
                                 2000

                               __________

                             COMMUNICATION

                                  FROM

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

THE FINAL REPORT ON THE NATIONAL EMERGENCY DECLARED BY EXECUTIVE ORDER 
   12924 OF AUGUST 19, 1994, TO DEAL WITH THE THREAT TO THE NATIONAL 
 SECURITY, FOREIGN POLICY, AND ECONOMY OF THE UNITED STATES CAUSED BY 
  THE LAPSE OF THE EXPORT ADMINISTRATION ACT OF 1979, PURSUANT TO 50 
                             U.S.C. 1641(c)

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


February 6, 2001.--Referred to the Committee on International Relations 
                       and ordered to be printed
                                           The White House,
                                      Washington, February 1, 2001.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: As required by section 204(c) of the 
International Emergency Economic Powers Act (50 U.S.C. 1703(c)) 
and section 401(c) of the National Emergencies Act (50 U.S.C. 
1641(c)), I transmit herewith the final report on the national 
emergency declared by Executive Order 12924 of August 19, 1994, 
to deal with the threat to the national security, foreign 
policy, and economy of the United States caused by the lapse of 
the Export Administration Act of 1979.
            Sincerely,
                                                       George Bush.
  President's Periodic Report on the National Emergency Caused by the 
Lapse of the Export Administration Act of 1979--for August 19, 2000 to 
                           November 13, 2000

    On August 19, 1994 former President Clinton issued 
Executive Order No. 12924, declaring a national emergency under 
the International Emergency Economic Powers Act (IEEPA) (50 
U.S.C. 1701 et seq.) to address the threat to the national 
security, foreign policy, and economy of the United States 
caused by the lapse of the Export Administration Act of 1979, 
as amended (50 U.S.C. App. 2401 et seq.) (EAA) and the system 
of controls maintained under that Act. In Executive Order No. 
12924, he continued in effect, to the extent permitted by law, 
the provisions of the Export Administration Act of 1979, as 
amended, the Export Administration Regulations (15 CFR 730 et 
seq.), and the delegations of authority set forth in Executive 
Order No. 12002 of July 7, 1977 (as amended by Executive Order 
No. 12755 of March 12, 1991), Executive Order No. 12214 of May 
2, 1980, Executive Order No. 12735 of November 16, 1990 
(subsequently revoked by Executive Order No. 12938 of November 
14, 1994), and Executive Order No. 12851 of June 11, 1993. As 
required by the National Emergencies Act (50 U.S.C. 1622(d)), 
former President Clinton issued notices on August 15, 1995, 
August 14, 1996, August 13, 1997, August 13, 1998, August 10, 
1999, and August 3, 2000, continuing the emergency declared in 
Executive Order No. 12924.
    In 1996, then President Clinton issued two Executive Orders 
concerning the transfer of items from the United States 
Munitions List to the Commerce Control List. On October 12, 
1996, he issued Executive Order No. 13020 (regarding hot-
section technologies for commercial aircraft engines) and on 
November 15, 1996, then President Clinton issued Executive 
Order No. 13026 (regarding encryption products). On December 5, 
1995, he issued Executive Order No. 12981 setting forth the 
application review process. On March 31, 1999, he issued 
Executive Order No. 13117 deleting the reference to Arms 
Control and Disarmament Agency (ACDA).
    Then President Clinton issued Executive Order No. 12924 
pursuant to the authority vested in him as President by the 
Constitution and laws of the United States, including, but not 
limited to, IEEPA. At that time, he also submitted a report to 
the Congress pursuant to section 204(b) of IEEPA (50 U.S.C. 
1703(b)). Section 204 of IEEPA requires follow-up reports, with 
respect to actions or changes, to be submitted every six 
months. Additionally, section 401(c) of the National 
Emergencies Act (50 U.S.C. 1641(c)) requires that the 
President, within 90 days after the end of each six-month 
period following a declaration of a national emergency, report 
to the Congress on the total expenditures directly attributable 
to that declaration. To comply with these requirements, then 
President Clinton submitted combined activities and expenditure 
reports for the six-month periods ending February 19, 1995, 
August 19, 1995, February 19, 1996, August 19, 1996, February 
19, 1997, August 19, 1997, February 19, 1998, August 19, 1998, 
February 19, 1999, August 19, 1999, and February 19, 2000 and 
August 19, 2000.
    On November 13, 2000, then President Clinton signed into 
law H.R. 5239 providing for the extension of the EAA until 
August 20, 2001 (P.L. 106-508).
    The following report, submitted pursuant to section 204 of 
IEEPA and section 401(c) of the National Emergencies Act, 
provides information on the activities and expenditures during 
the final three-month period, from August 19, 2000 to November 
13, 2000 of the national emergency former President Clinton 
declared in Executive Order No. 12924. Detailed information on 
export control activities is contained in the most recent 
Export Administration Annual Report for Fiscal year 2000 and 
the January 2001 Report on Foreign Policy Export Controls, 
required by section 14 and section 6(f) of the Export 
Administration Act, respectively.
    Following the issuance of Executive Order No. 12924, the 
Department of Commerce continued to administer and enforce the 
system of export controls, including anti-boycott provisions, 
contained in the Export Administration Regulations (EAR). In 
administering these controls, the Department acted under a 
policy of conforming actions under Executive Orders No. 12924, 
13020, 13026, 12981, and 13117 to the provisions of the Export 
Administration Act, insofar as appropriate.
    The expenses incurred by the Federal Government in the 
three-month period from August 19, 2000 to November 13, 2000 
that are directly attributable to the exercise of authorities 
conferred by the declaration of a national emergency with 
respect to export controls were largely centered in the 
Department of Commerce, Bureau of Export Administration (BXA). 
Expenditures by the Department of Commerce for the reporting 
period are anticipated to be $9,286,000, most of which 
represents program operating costs, wage and salary costs for 
Federal personnel, and overhead expenses.
    Since the last report to the Congress, there have been 
several significant developments in the area of export 
controls:

                      A. MULTILATERAL DEVELOPMENTS

    Wassenaar Arrangement. The Wassenaar Arrangement on Export 
Controls is a multilateral regime consisting of 33 member 
countries. Its purpose is to contribute to regional and 
international security and stability by promoting transparency 
and greater responsibility in international transfers of 
conventional arms and dual-use goods and technologies.
    <bullet> The United States Government has participated in 
submissions of export data made by member countries in the 
regime since the November 1996 implementation of the Wassenaar 
dual-use export control list. The Wassenaar members make dual-
use data submissions on a semi-annual basis in April and 
October.
    <bullet> The Wassenaar Arrangement continues annual reviews 
of its control lists. In April and September 2000, BXA 
representatives attended Experts Group meetings to review the 
Wassenaar Arrangement's controls on conventional arms and dual-
use goods and technologies. Nearly 70 proposals were discussed 
to modify and streamline Wassenaar's Dual-Use and Munitions 
Lists, approximately 30 of which were submitted by the United 
States. The majority of the proposals were in the areas of 
electronics, computers, sensors, and machine tools. Nearly all 
proposals discussed during the April meeting required 
additional study by member countries. During the September 
Experts Group meeting, agreement was reached on a number of 
proposals for liberalizations in the area of electronics. 
However, no agreement was reached on proposals regarding 
controls on microprocessors and computers. In an attempt to try 
to resolve the differences in control levels for computers and 
microprocessors, an extraordinary meeting was held in December.
    <bullet> In May and October 2000, BXA representatives 
participated in the Arrangement's General Working Group 
meetings designed to increase the general information exchange 
regarding regions and projects of concern to the United States 
(e.g., Sudan, Ethiopia and Eritrea). The groupdiscussed the 
specific information exchange on dual-use goods and technologies and 
the scope of dual-use notifications and procedures associated with 
cases requiring ``extreme vigilance.'' The group agreed to adopt a 
``best practices'' procedure for exercising extreme vigilance for Very 
Sensitive List items and to establish criteria for effective 
enforcement. Member countries are still studying U.S. proposals for 
expanding reporting of conventional arms exports, strengthening dual-
use export notification procedures by establishing a denial 
consultation procedure, and implementing controls on man-portable 
defense systems (MANPADS). The United States is continuing to work with 
interested countries to bridge the gap between dual-use items and arms 
in order to increase transparency and reduce differences in licensing 
practices.
    Missile Technology Control Regime (MTCR). The MTCR is a 
group of 32 countries that have agreed to coordinate their 
national export controls for the prevention of missile 
proliferation. Each member, under its own laws and practices, 
has committed to adhere to the MTCR Guidelines for export 
licensing policy for items found on the MTCR Equipment and 
Technology Annex.
    <bullet> The MTCR held its annual Reinforced Point-of-
Contact Meeting September 9-13 in Paris, France. The agenda was 
dominated by the proposed Global Action Plan (GAP) against 
missile proliferation, a proposal that would encourage MTCR 
members and non-members alike to agree to an international 
missile nonproliferation code of conduct.
    <bullet> The MTCR Plenary and associated Technical Experts 
Meeting (TEM) was held October 9-13 in Helsinki, Finland. The 
outline of the Global Action Plan to limit missile 
proliferation was established at the Plenary. Discussions on 
the specifics of the GAP will continue in future MTCR sessions. 
At the TEM, while some progress was made, final agreement could 
not be reached on measures to modify control parameters on 
certain missile-related items, and differing views also 
remained on how to define missile range and payload parameters. 
Participants agreed to continue to meet on these issues early 
this year.
    Nuclear Suppliers Group. The Nuclear Suppliers Group (NSG), 
composed of 38 member countries with the European Commission as 
a permanent observer, is a group of nations concerned with the 
proliferation of nuclear weapons. The NSG has established 
guidelines to assist member nations in administering national 
nuclear export control programs. Controls are focused on 
certain categories of goods: nuclear material, equipment and 
technology unique to the nuclear industry, and so-called 
nuclear dual-use items that have both nuclear and non-nuclear 
applications.
    <bullet> The NSG Implementation Working Group, the 
Transparency Working Group, and the Dual Use Regime met in 
Vienna, Austria the week of October 16.
    The Implementation Working Group worked on a proposal to 
administratively combine the two branches of the NSG--the 
``trigger list'' items under the jurisdiction of the Nuclear 
Regulatory Commission and the ``dual-use'' items under the 
jurisdiction of the Commerce Department. While combining the 
administrative activities of the NSG related to these two 
branches will provide less duplication of effort on the part of 
those countries seeking membership, it will have no effect on 
how the United States controls NSG items.
    The Transparency Working Group made some progress in 
developing a proposal for the establishment of an Internet web 
site; the German Government, with the technical assistance of 
the European Community, will establish an official NSG web site 
in 2001.
    The Dual Use Regime meeting addressed member concerns 
regarding the proposal by one member to supply nuclear fuel to 
power plant reactors in India. Thus far, NSG members have 
refrained from making such exports to India as a result of 
India's detonation of a nuclear device in May 1998. Members 
agreed to formally consider the proposal to supply nuclear fuel 
to India.
    Australia Group. The Australia Group (AG) is a multilateral 
export control regime that seeks to impede the proliferation of 
chemical and biological weapons through the harmonization of 
export controls, an exchange of information on global 
proliferation activities, and outreach to nonmembers. The 32 
member countries meet annually and communicate between sessions 
to review and refine the list of controlled chemicals, 
biological agents, and related equipment and technology.
    <bullet> Turkey and Cyprus became the newest members of the 
Australia Group (AG) at the Plenary held in Paris, France, on 
October 2-5. The U.S. delegation took the opportunity offered 
by the plenary to present U.S. positions in support of (1) the 
strengthening of export controls on graphite composite chemical 
manufacturing equipment, centrifugal separators, and 
impermeable protective suits; and (2) the removal of controls 
on medical diagnostic, analytical and food testing kits. At the 
request of the AG, the United States also presented a paper on 
export controls on intangible technology for future discussion.

             B. ENCRYPTION/HIGH PERFORMANCE COMPUTER POLICY

    Encryption. During the period August 20 to November 13, 
2000, BXA carried out a number of activities to implement 
revisions to the Clinton Administration's encryption policy. 
These activities included publishing new rules, meeting with 
industry representative and technical advisory committees, and 
working with interagency groups on emerging encryption policy 
initiatives.
    <bullet> The Administration implemented significant updates 
to encryption export controls in January and October 2000. The 
policy continues a balanced approach by streamlining export 
controls while protecting critical national security interests. 
The most significant change in the October 19 rule is that a 
license is no longer required for exports of encryption items 
and technology to the European Union and several other major 
trading partners. The update is consistent with recent 
regulations adopted by the European Union; thus assuring 
continued competitiveness of U.S. industry in international 
markets. Other changes include streamlined export provisions 
for most mass-market products, beta test software, products 
that implement short-range wireless encryption technologies 
(e.g., Bluetooth), products that enable non-U.S.-sourced 
products to operate together and technology for standards 
development. Additionally, certain U.S.-origin encryption 
products incorporated into foreign products do not require a 
U.S. export license. Post-export reporting is no longer 
required for products exported by U.S.-owned subsidiaries 
overseas, or for generally available software pre-loaded on 
computers or handheld devices.
    <bullet> The October update to encryption policy reflects 
the invaluable and ongoing dialogue between the Interagency 

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