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H.Doc.108-80 CONTINUATION OF WAIVER UNDER THE TRADE ACT OF 1974 WITH RESPECT TO ...
108th Congress, 1st Session - - - - - - - - - - - - - House Document 108-79 PERIODIC REPORT ON THE NATIONAL EMERGENCY CAUSED BY THE LAPSE OF THE EXPORT ADMINISTRATION ACT OF 1979 __________ COMMUNICATION from THE PRESIDENT OF THE UNITED STATES transmitting A 6-MONTH REPORT ON THE NATIONAL EMERGENCY DECLARED BY EXECUTIVE ORDER 13222 OF AUGUST 17, 2001, 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) AND 50 U.S.C. 1703(c) <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> June 3, 2003.--Referred to the Committee on International Relations and ordered to be printed The White House, Washington, May 29, 2003. Hon. J. Dennis Hastert, Speaker of the House of Representatives, Washington, DC. Dear Mr. Speaker: Consistent with 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 a 6-month report prepared by my Administration on the national emergency declared by Executive Order 13222 of August 17, 2001, 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 W. Bush. Periodic Report on the National Emergency Caused by the Lapse of the Export Administration Act of 1979 for August 19, 2002, to February 19, 2003 The following report fulfills the requirements of section 204 of International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1703), and section 401(c) of the National Emergencies Act (50 U.S.C. 1641(c)). These provisions require the President to report to the Congress every 6 months on, respectively, activities undertaken pursuant to the national emergency declared in Executive Order 13222 (issued August 17, 2001), and the total expenditures directly attributable to that declaration. The following combined activities and expenditures report covers the 6-month period from August 19, 2002, to February 19, 2003. Detailed information on export control activities is contained in the most recent Export Administration Annual Report and the January 2003 Report on Foreign Policy Export Controls, required by Section 14 and section 6(f) of the EAA, respectively, which the Department of Commerce continues to submit to the Congress under a policy of conforming actions under the Executive Order to the provisions of the EAA, as appropriate. Since the issuance of Executive Order No. 13222, the Department of Commerce has continued to administer and enforce the system of export controls, including the antiboycott provisions, contained in the Export Administration Regulations (EAR). In administering these controls, the Department has acted under a policy of conforming actions under Executive Order No. 13222 to the provisions of the EAA, insofar as appropriate. The expenses incurred by the Federal Government in the 6- month period from August 19, 2002, to February 19, 2003, 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's Bureau of Industry and Security (BIS). Expenditures by the Department of Commerce for the reporting period are anticipated to be $28,749,000, most of which represents program operating costs, wage and salary costs for federal personnel, and overhead expenses. During the reporting period, there were several significant export control developments: A. MULTILATERAL DEVELOPMENTS The Wassenaar Arrangement The Wassenaar Arrangement 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. Wassenaar members maintain export controls on the agreed Wassenaar munitions and dual-use lists through their national policies. In September 2002, the Experts Group of the Wassenaar Arrangement agreed to definition and control list changes, including relaxed controls on analog-to-digital converters, the retention of software and technology controls for computers capable of greater than 28,000 million theoretical operations per second (MTOPS), updated controls on low-bit-rate digital voice used in command and control, and the retention of software and technology controls on the ``Sensitive List'' for certain machine tools. In October 2002, Wassenaar's General Working Group exchanged information on regions and projects of concern, exports of dual-use items, and the scope of dual-use notifications among members. Discussions also centered on combating terrorism, U.S. proposals for expanded reporting of conventional arms transfers, including the establishment of a reporting category for small arms and light weapons, strengthening dual-use notification procedures by establishing a denial consultation mechanism, and adopting ``catch-all'' controls. In December 2002, the Wassenaar Arrangement Plenary agreed to several significant initiatives to combat terrorism, including intensified cooperation among members to prevent the acquisition by terrorists of conventional arms and dual-use items and new means for sharing information to strengthen controls over such items. Agreement also was reached on ``best practices'' guidelines and criteria for the export of small armsand light weapons. To keep pace with advances in technology and developments in international security, the Plenary agreed to several control list amendments, including strengthened controls on radiation hardened integrated circuits. At the same time, taking into account the widespread availability of certain items and a broad diversity of suppliers, the Plenary agreed to raise the control threshold for computers and eliminate controls on general purpose microprocessors. Finally, the Plenary reached agreement on a Statement of Understanding that recognizes the importance of controlling arms brokering. The United States also continues to participate in submissions of export data by regime members. Wassenaar members make arms and dual-use data submissions on a semi-annual basis, in April and October, and specific data submissions as needed. The Missile Technology Control Regime (MTCR) The MTCR is an informal nonproliferation regime comprised of 33 countries that have agreed to coordinate national export controls to prevent missile proliferation. Each member, under its own laws and practices, adheres to the export licensing policy reflected in the MTCR Guidelines for items on the MTCR Equipment, Software, and Technology Annex. The MTCR Plenary and Technical Experts Meeting were held in Warsaw, Poland, on September 21-27, 2002. Consensus was reached on several major technical issues, the most important being the definitions of missile range and payload, the parameters that determine if a missile system falls under the MTCR's purview. New controls on unmanned aerial vehicles designed or modified for aerosol delivery were tentatively agreed upon, and will go into effect in 6 months barring objections by MTCR members in the interim. Agreement also was reached on the refinement and/ or clarification of existing controls on propellants, navigation equipment, flight controls, and avionics. The Nuclear Suppliers Group (NSG) The NSG is comprised of 40 Participating Governments that contribute to the nonproliferation of nuclear weapons by voluntary implementation of guidelines on the export of nuclear and nuclear-related dual-use items and through exchanges of information on nuclear proliferation concerns. The NSG agreed at an Extraordinary Plenary meeting in December 2002: (i) to adopt U.S. proposed anti-terrorism amendments to the NSG's Guidelines; (ii) to issue a press statement alerting supplier states to concerns about the North Korean (DPRK) nuclear weapons program; and (iii) to authorize the Chairman to communicate with key non-member supplier and transit states to alert them to the risks of diversion of controlled and non-controlled equipment, materials, and technology to the DPRK nuclear weapons program. The Australia Group (AG) The Australia Group (AG) is an informal export control regime comprised of 33 members that seeks to impede the proliferation of chemical and biological weapons through the harmonization of export controls, information exchange on global proliferation activities, and outreach to non-members. Australia Group member countries meet annually and communicate intersessionally to review and refine the list of controlled chemicals, biological agents, and related equipment and technology. The AG convened a Technical Experts Meeting in Paris, France, during the week of February 10, 2003, to discuss the possible addition of new controls--as proposed by the United States--on certain chemical precursors and toxic chemicals. Export controls on biological agents, as well as U.S.-proposed control on agricultural sprayers that can be used in the delivery of biological agents, also were discussed. These issues will be discussed further at the AG Plenary in June 2003. The Chemical Weapons Convention (CWC) The CWC is an international treaty that bans chemical weapons and monitors the legitimate production, processing, consumption, export, and import of certain toxic chemicals and precursors that could contribute to the development of weapons of mass destruction. Certain export control provisions needed to implement the CWC are reflected in the EAR. Firearms Convention The Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (Firearms Convention) isa treaty that Organization of American States (OAS) member states signed to control the illicit trafficking of firearms. The Convention was signed in 1998 but awaits ratification by a number of OAS member states, including the United States. The Convention requires OAS member states to establish a program to issue authorizations for the import and export of firearms. Convention requirements relating to the export of firearms subject to the EAR have been implemented. However, those requirements pertaining to transit and explosives continue to be reviewed by an interagency working group. B. ENCRYPTION/HIGH PERFORMANCE COMPUTER AND MICROPROCESSOR POLICY Encryption During the reporting period, BIS conducted seminars in Washington, D.C.; Minneapolis, Minnesota; and Santa Clara, California, on the June 2002 amendments to the encryption regulations. The Department of Commerce's Bureau of Industry and Security also continued to consult with industry and the interagency community on emerging technical and policy issues to assure the continued effectiveness of encryption export controls. The Department of Commerce's Bureau of Industry and Security also processed technical review requests and export license applications for a wide variety of products with encryption features. High Performance Computer and Microprocessor Controls There were no revisions to high performance computer (HPC) export control policy during the reporting period. The Department of Commerce's Bureau of Industry and Security continued to work with industry and interagency expert groups to explore alternatives to the current HPC export control metric based on MTOPS. On January 14, 2003, BIS published a regulation that streamlined export controls on general purpose microprocessors, which are used worldwide in commercial applications, such as personal computers and cell phones. Under the new rule, a license only is required to export general purpose microprocessors to designated terrorism-supporting countries or to military end-uses or end-users in countries posing national security concerns (e.g., China and Russia). This action is consistent with a decision made by the Wassenaar Arrangement in February 2002 to decontrol general purpose microprocessors, and was necessary to ensure a level playing field for U.S. industry in the growing commercial market for microprocessors, yet protect U.S. national security interests. C. BILATERAL COOPERATION/TECHNICAL ASSISTANCE As part of the Administration's continuing effort to encourage other countries to strengthen their national export control systems, the Department of Commerce and other agencies conducted a wide range of export control cooperation discussions with a number of countries. Singapore, Malaysia, and Thailand From October 11-23, 2002, Under Secretary of Commerce Kenneth I. Juster led a delegation consisting of representatives from the Departments of State and Commerce to Singapore, Malaysia, and Thailand. The purpose of the trip was to consult with senior government officials and industry representatives in these countries on trade security issues, including export control matters and the Department of Commerce's Transshipment Country Export Control Initiative (TECI). The trip also sought to gain support from the countries for the STAR Initiative (Secure Trade in the APEC Region) and to promote attendance by these countries in an international conference on transshipment and export control issues that was held in Bangkok from December 11-13, 2002. The Bangkok conference was organized and funded by the State Department's Export Control and Related Border Security Assistance (EXBS) program. As a result of this visit, each country agreed to participate in the conference in Bangkok, and BIS received a positive response and willingness to cooperate on trade security initiatives from senior government officials in all three countries. India In furtherance of the November 2001 pledge by President
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