Maintaining American Superiority by Improving Export Control Transparency Act
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This law requires the Bureau of Industry and Security to report annually to Congress on export license applications and end-use checks involving entities in arms-embargoed countries that are also on U.S. restricted-trade lists.
It gives Congress more visibility into how export controls on sensitive dual-use technology are enforced, while keeping most details confidential to protect ongoing investigations and sensitive licensing decisions.
What this law does
What it does
This law amends the Export Control Reform Act of 2018 to require the Secretary of Commerce, through the Bureau of Industry and Security, to submit an annual report to specified congressional committees on export licensing activity involving "covered entities" — those located in arms-embargoed countries (Country Group D:5) that also appear on the Entity List or Military End-User List. The report must detail each license application (applicant, item description, end-user, value, decision, date), the results of end-use compliance checks, and aggregate statistics.
Most of this information is exempt from public disclosure, except for the aggregate statistics, and the Secretary must exclude any details that could jeopardize an ongoing investigation. The first report is due within one year of enactment and annually thereafter, subject to available appropriations.
Key provisions
- 1Requires the Bureau of Industry and Security to report annually to Congress on license applications, authorizations, and end-use checks for exports to covered entities.
- 2Requires each report to include the applicant's name, item description, end-user details, value estimate, licensing decision, and end-use check results.
- 3Exempts report information from public disclosure except for aggregate statistics.
- 4Requires the Secretary to exclude information that could jeopardize an ongoing investigation from the report.
- 5Defines "covered entity" as an entity located in an arms-embargoed country (Country Group D:5) that also appears on the Entity List or Military End-User List.
Who is affected
The Bureau of Industry and Security within the Department of Commerce, which must compile and submit the reports; the House Foreign Affairs Committee and Senate Banking, Housing, and Urban Affairs Committee, which receive them; and companies seeking export licenses to ship controlled items to entities in embargoed countries on restricted lists.
Why it matters
Congress gains a standing mechanism to monitor how strictly the government enforces export controls on sensitive technology headed to high-risk destinations, without publicly exposing individual company or transaction details. Exporters dealing with restricted entities may see increased scrutiny of their licensing history, though the confidentiality provisions limit public transparency.
What changed
Changes to existing law
Amends Export Control Reform Act of 2018 (50 U.S.C. § 4815) (Sec. 2)
Adds a new subsection requiring an annual congressional report on export licensing and end-use checks for covered entities.
Agencies directed to act
Effective dates
- First annual report on export licensing to covered entities is due
How it works
The Bureau of Industry and Security must produce its first report within one year of enactment and annually afterward, subject to appropriations being available. Each report covers the preceding one-year period and must list license applications, end-use check results, and aggregate statistics tied to covered entities. Most contents are shielded from public disclosure under existing confidentiality authority, and the agency must screen out anything that could compromise an active investigation before submitting the report to the two named congressional committees.
Legislative status & sources
Latest action
Became Public Law No: 119-34.
Official CRS summary
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This act requires the Department of Commerce's Bureau of Industry and Security (BIS) to annually report to Congress on export control licensing.
Under current law, BIS administers and enforces controls on the export of dual-use goods (e.g., items with both civilian and military uses) and certain military parts and components. These export controls are implemented primarily under the Export Control Reform Act of 2018 (ECRA) through the Export Administration Regulations (EAR).
Under this act, BIS must annually report to Congress on license applications, other requests for authorization, and end-use checks (on-site verifications conducted by BIS) for the export, reexport, release, and in-country transfer of items subject to the EAR to covered entities. A covered entity is any entity that (1) is located in a country listed in Country Group D:5 (countries that are identified by the Department of State as subject to U.S. arms embargoes), and (2) is included on the Entity List or the Military End-User List (two of the lists published by BIS containing information on the individuals, organizations, and addresses subject to restrictions involving items subject to the EAR).
The act requires this report to include specified information, such as the name of the entity submitting the application, where the item is being exported, the decision with respect to the license application or authorization, and information on any end-use checks to ensure compliance with U.S. export controls. The information shall be exempt from public disclosure (except for aggregate statistics). Additionally, BIS must exclude from the report any information that could jeopardize an ongoing investigation.
Legislative subjects
Congressional oversight; Foreign Trade and International Finance; Government information and archives; Licensing and registrations; Trade restrictions