Export Control Reform Act of 2018
A BILL
To authorize the President to control the export, reexport, and transfer of commodities, software, and technology to protect the national security, and to promote the foreign policy, of the United States, and for other purposes.
Sec. 2 Definitions
In this Act:
Controlled— The term controlled, with respect to an item, means the export, reexport, or transfer of the item is controlled under title I.
Dual-use— The term dual-use, with respect to an item, means the item has civilian applications and military, terrorism, or weapons of mass destruction-related applications.
Export— The term export, with respect to an item subject to controls under title I, includes—
the shipment or transmission of the item out of the United States, including the sending or taking of the item out of the United States, in any manner; and
the release or transfer of technology or source code relating to the item to a foreign person in the United States.
Export administration regulations— The term Export Administration Regulations means—
the Export Administration Regulations as promulgated, 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; or
regulations that are promulgated, maintained, and amended under the authority of title I on or after the date of the enactment of this Act.
Foreign person— The term foreign person means a person that is not a United States person.
Item— The term item means a commodity, software, or technology.
Person—
In general— The term person means—
a natural person;
a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and
any successor to any entity described in clause (ii).
Application to governmental entities— The term person does not include a government or governmental entity that is not operating as a business enterprise.
Reexport— The term reexport, with respect to an item subject to controls under title I, includes—
the shipment or transmission of the item from a foreign country to another foreign country, including the sending or taking of the item from the foreign country to the other foreign country, in any manner; and
the release or transfer of technology or source code relating to the item to a foreign person outside the United States.
Technology— The term technology—
includes—
information necessary for the development, production, use, operation, installation, maintenance, repair, overhaul or refurbishing of an item; and
information at whatever stage of its creation, such as foundational information and know-how, as further defined by regulations; and
does not include published information, including prerecorded records, printed books, pamphlets, miscellaneous publications, or other information, that—
arises during, or results from, fundamental research and is intended to be published;
is released by instruction in a catalog course or associated teaching laboratory of an academic institution;
appears in patents or open (published) patent publications available from or at any patent office, unless covered by an invention secrecy order;
is non-proprietary system descriptions;
is telemetry data; or
is any other category or type of information, as determined by the President for purposes of national security or foreign policy concerns.
Transfer— The term transfer, with respect to an item subject to controls under title I, means a change in the end-use or end user of the item within the same foreign country.
United States— The term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States.
United States person— The term United States person means—
any individual who is a citizen or national of the United States or who is an individual described in subparagraph (B) of section 274B(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324b(a)(3)); and
a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity.
Weapons of mass destruction— The term weapons of mass destruction means nuclear, radiological, chemical, and biological weapons and delivery systems for such weapons.