H.R. 5040

Export Control Reform Act of 2018

Export Controls Act of 2018

This bill grants the President authority to control: (1) the export, reexport, and transfer of items (commodities, software, or technology), whether by U.S. persons (including corporations) or by foreign persons, wherever located to protect national security; and (2) the activities of U.S. persons, wherever located, relating to specific nuclear explosive devices, missiles, chemical or biological weapons, whole plants for chemical weapons precursors, foreign maritime nuclear projects, and foreign intelligence services.

A license shall be required for the export, reexport, or transfer of items to a country if the Department of State has made specified determinations with respect to support for international terrorism.

The President shall establish and lead a regular ongoing interagency process to identify emerging critical technologies not identified in any list of items controlled for export.

Anti-Boycott Act of 2018

The President shall issue regulations prohibiting specified actions with respect to foreign boycotts against a country that is friendly to the United States and may impose civil penalties for violations of boycott prohibitions..

The President shall impose specified sanctions: (1) upon determining that a U.S. person knowingly exports, reexports, or transfers of any item on the Guidelines and Equipment and Technology Annex of the Missile Technology Control Regime (MTCR); and (2) on a foreign person who engages in specified activity involving MTCR equipment or technology transfers, where such person has knowingly and materially contributed through the export from the United States of any item subject to U.S. jurisdiction involving the efforts by a foreign country, project, or entity to acquire chemical or biological weapons.