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Title III — Export controls on certain telecommunications equipment

H.R. 491 · 113th Congress · Feb 4, 2013 · Lineage

III Export controls on certain telecommunications equipment

Sec. 301 Export controls on certain telecommunications equipment

(a)
In general— Section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405), as continued in effect under the International Emergency Economic Powers Act, is amended by adding at the end the following:

“(t) Certain telecommunications equipment

“(1) In general—The Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the heads of other appropriate Federal departments and agencies, shall establish and maintain, as part of the list maintained under this section, a list of goods and technology that would serve the primary purpose of assisting, or be specifically configured to assist, a foreign government in acquiring the capability to carry out censorship, surveillance, or any other similar or related activity through means of telecommunications, including the Internet, the prohibition or licensing of which would be effective in barring acquisition or enhancement of such capability.

“(2) Internet-restricting countries—Notwithstanding any other provision of law, the Secretary shall prohibit the export of goods or technology on the list established under paragraph (1) to a government end user in any Internet-restricting country.

“(3) Waiver—The President may waive the application of paragraph (2) with respect to export of goods or technology on the list established under paragraph (1) on a case-by-case basis if the President determines and certifies to Congress that it is in the national interests of the United States to do so.

“(4) Definitions—In this subsection—

“(A) the term Internet has the meaning given the term in section 231(e)(3) of the Communications Act of 1934 (47 U.S.C. 231(e)(3));

“(B) the term Internet-restricting country means a country designated by the Secretary of State pursuant to section 104(a) of the Global Online Freedom Act of 2013;

“(C) a “government end user” in a country—

“(i) is an end user that is a government of that country, or of a political subdivision of that country, or is an agency or instrumentality of such a government; and

“(ii) includes a telecommunications or Internet service provider that is wholly or partially owned by a government of that country; and

“(D) an “agency or instrumentality” of a government is an “agency or instrumentality of a foreign state”, as defined in section 1603 of title 28, United States Code.”

(b)
Regulations—
(1)
In general— Not later than 1 year after the date of the enactment of this Act, the President shall revise the Export Administration Regulations and any other regulations necessary to carry out the amendment made by subsection (a).
(2)
Export administration regulations— In this subsection, the term Export Administration Regulations means the Export Administration Regulations as maintained and amended under the authority of the International Emergency Economic Powers Act and codified, as of the date of the enactment of this Act, in subchapter C of chapter VII of title 15, Code of Federal Regulations.
(c)
Effective date— Section 6(t) of the Export Administration Act of 1979, as added by subsection (a), shall take effect on the date of the enactment of this Act and shall apply with respect to the export of goods or technology on the list established under paragraph (1) of such section on or after 1 year after the date of the enactment of this Act.