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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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