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1 1 (September 6, 2023)

handle is hein.crs/govemte0001 and id is 1 raw text is: SCon gressionaI ~.Research Service National Security Review Bodies (Part I): Legal Context and Comparison Updated September 6, 2023 Federal law creates several frameworks that allow the United States to review the national security risks posed by some private commercial transactions. These legal frameworks give the United States authority to review, prohibit, and, in some cases, unwind a wide range of commercial dealings, but they do not capture all commercial transactions that might present national security risks. Some organizations and Members of Congress have proposed new or modified processes to address transactions not captured under current legal structures. This Sidebar examines and draws contrasts among several key legal frameworks that allow the United States to review and prohibit some private commercial transactions due to national security risks. A companion Sidebar introduces legal issues that could arise from proposals to expand or create new review mechanisms. Departments of Commerce and State Export Controls Discussed in this CRS Report, the export control system is one of the primary frameworks for evaluating commercial transactions' possible national security risks. The export control system governs U.S.-origin exports to a foreign country or national, transfers from one foreign country to another (called reexports), or transfers within a foreign country. These export restrictions apply to, among other things, defense articles and services (e.g., items and technology for military use), nuclear equipment and material, and dual-use items (e.g., items with both civilian and military uses). Among these categories, export controls of dual-use items cover the broadest range of transactions. The Export Control Reform Act of 2018, which is implemented through the Export Administration Regulations (EAR), provides legal authority for dual-use and certain other export controls. Other statutory schemes, such as those governing nuclear- related items and foreign military sales, create authority for non-dual-use controls programs. Several agencies administer and enforce export controls, with the Bureau of Industry and Security (BIS) in the Department of Commerce (Commerce) playing a leading role in dual-use exports. The EAR create several interagency bodies responsible for establishing what exports and which end users are permissible and for reviewing and issuing license applications for certain controlled exports. For example, an End-User Review Committee with representatives from the Departments of Commerce, State, Defense, Energy, and (in some cases) the Treasury decides what parties should be on the Entity List. Exports to parties on the Entity List are either prohibited or subject to additional license Congressional Research Service https://crsreports.congress.gov LSB11034 CRS Legal Sidebar Prepared for Members and Committees of Congress

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