ADMINISTRATION PROPOSES BILL TO ENHANCE EXPORT CONTROL ENFORCEMENT AUTHORITIES

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For Immediate Release: April 24, 2007
Contact - Richard Mills/Dan Nelso 202-482-4883

ADMINISTRATION PROPOSES BILL TO ENHANCE EXPORT CONTROL ENFORCEMENT AUTHORITIES

Washington D.C. - The Bush Administration has proposed federal legislation aimed at providing law enforcement with enhanced tools in the fight against terrorism and the creation of weapons of mass destruction. The Export Enforcement Act of 2007 represents a significant step in aiding the Department of Commerce’s Bureau of Industry and Security (BIS).

"In today’s post-9/11 world we need to give law enforcement officers the vitally important tools necessary, like those in the Export Enforcement Act of 2007, to keep the most sensitive items out of dangerous hands,” said Secretary of Commerce Carlos M. Gutierrez.

"This Act will renew Commerce’s authority to administer the dual-use export control system while we work with Congress on long term, fundamental reform to reflect the national security and economic challenges of the 21 st Century."

The Administration has been working with Congress since 2001 to reauthorize the Export Administration Act (EAA) in order to strengthen a vital national security apparatus. As proposed, the Export Enforcement Act of 2007 would revise and renew the export enforcement and violation provisions of the EAA of 1979, while enhancing enforcement authorities for combating illicit exports of dual use items that have predominantly civilian uses, but can also have military, proliferation, and terrorism-related applications.

The Commerce Department’s legislative proposal would:

Renew the now-lapsed EAA of 1979 for five years after the date of enactment.
Increase civil and criminal penalties for violators of export control laws. These penalties would represent a substantial increase over those presently authorized by the International Emergency Economic Powers Act. IEEPA penalties apply to violations of the Export Administration Regulations when the EAA is in lapse. Under this bill, maximum corporate penalties for criminal violations would increase from $50,000, as provided for in IEEPA, to the greater of $5 million or ten times the value of the exports involved.
Provide the Commerce Department’s Special Agents with statutory overseas investigative authority and expanded undercover authorities. With the EAA in lapse, Commerce’s export enforcement agents are subject to other federal agencies’ budgets and priorities when handling investigations. This can complicate and slow enforcement efforts.
Make permanent provisions protecting confidential business information.
Expand the list of criminal violations upon which a denial of export privileges may be based.

The Administration’s bill underscores the fact that export control laws are essential components of our national security. The bill provides vital tools that federal law enforcement agents need in the fight against terrorism and the proliferation of weapons of mass destruction.