PUBLIC LAW 92-412-AUG. 29, 1972
aH4
Public Law 92-412 ^ ' - ' August 29, 1972 [S.3726]
E q u a l export opportunity; international economic policy.
Citation of title. 83 Stat. 8 4 1. 50 USC app. 2401.
50 USC app. 2402.
50 USC app. 2403. Export decontrol, i n v e s t i g a tion. Post,
p. 645.
Report to P r e s i d e n t and Congress.
• - ••
AN ACT
•
' -
[86 STAT.
,., - ... ' - •• ' ' - '
'^-
"•'^^'•
Tit extend and amend the Expurt Administration Act of UMil) to afford more equal export opportunity, to establish a Council on International Economic Policy, and for other purposes. oi *
- • •
Be it enacted by the Senate and Hou>ie of Reinu-sentativesi of the United States of Ame'rha. m ^'ongre-'ss ansembled, TITLE I — A M P: N I) M E N T S T OTHER X P O E T I S T R A T I O X ACT O F 19H9
ADMIX-
SEC. 101. This title may be cited as the "Equal Export ()pportunitA Act". SEC. 10^2. Section 2(3) of the Export Administration Act of 196! is amended by inserting before the period at the end thereof a comnu and the following: "'particularly when export restrictions appliec by the United States are more extensive than export restriction imposed by countries with which the United States has defense treat; commitments". SEC. 108. Section 3 of the Export Administration Act of 19H9 i amended by adding at the end thereof the following:
- '(6) I t IS the policy of the United States that the desirability c
subjecting, or continuing to subject, particular articles, materials, c supplies, including technical data or other information, to I'i'nite States export controls should be subjected to review by and consult? tion with representatives of appropriate United States Governmei agencies and qualified experts from i^rivate industry." SEC. 104. (a) Section 4(b) of the Export Administration Act c 1969 is amended— ., (1) by inserting " ( D r after " (b) "; and (2) by adding at the end thereof the following new paragraphs "(2) The Secretary of Commerce, in cooperation with apprr priate United States Government departments and agencies and th appropriate technical advisory committees established under sectioi .>(c), shall undertake an investigation to determine which articles materials, and supplies, including technical data and other informa tion, should no longer be subject to export controls because of theii significance to the national security of the United States. Notwithstanding the provisions of paragraph (1), the President shall remove unilateral export controls on the export from the United States of articles, materials, or supplies, including technical data or other information, which he determines are available without restriction from sources outside the United States in significant quantities and comparable in quality to those produced in the United States, except that any such control may remain in effect if the President determines that adequate evidence has been presented to him demonstrating that the absence of such a control would prove detrimental to the national security of the United States. The nature of such evidence shall be included in the special report required by paragraph (4). "(3) I n conducting the investigation referred to in paragraph (2) and in taking the action required under such paragraph, the Secretary of Commerce shall give priority to those controls which apply to articles, materials, and supplies, including technical data and other information, for which there are significant potential export markets. "(4) Not later than nine months after the date of enactment of the Equal Export Opportunity Act, the Secretary of Commerce shall submit to the President and to the Congress a special report of actions taken under paragraphs (2) and (3). Such report shall contain—
�
