ARTICLE
19 March 2025

Improving Export Control Transparency Act Introduced To Increase Transparency Regarding The Approval Of Exports To Specific Countries And End-Users

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Crowell & Moring LLP

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On February 26, 2025, Senators Jim Banks (R-Ind.) and Mark Warner (D-Va.) introduced the Maintaining American Superiority by Improving Export Control Transparency Act (the Act) in the United States Senate. A companion bill titled the same was reintroduced in the United States House of Representatives on March 5, 2025, by Congressman Ronney Jackson (R-TX-13).
United States International Law

On February 26, 2025, Senators Jim Banks (R-Ind.) and Mark Warner (D-Va.) introduced the Maintaining American Superiority by Improving Export Control Transparency Act ( the Act) in the United States Senate. A companion bill titled the same was reintroduced in the United States House of Representatives on March 5, 2025, by Congressman Ronney Jackson (R-TX-13).

The Act would amend the Export Control Reform Act of 2018 to require the Secretary of Commerce to submit an annual report to Congress on license applications, enforcement actions, and other requests for authorization for the export, reexport, release, and in-country transfer of items subject to the U.S. Export Administration Regulations (EAR) to entities: (i) located in or operating in a D:5 country; (ii) included on the U.S. Department of Commerce Bureau of Industry and Security (BIS) Entity List; or (iii) included on the BIS Military End-User List.

Specifically, the Act would require the report to include the following details for all applicable license applications or other requests for authorization: (i) the name of the entity submitting the application; (ii) a brief description of the item and its Export Control Classification Number (ECCN); (iii) the name of the end-user; (iv) the end-user's location; (v) the value of the items; (vi) the agency's decision with respect the license application or authorization; and (vii) the date of submission of the application. Further, the report would require Commerce to provide the date, location, and result of any related enforcement activities, such as end-use checks and aggregate statistics on all license applications and other requests for authorizations.

Representative Jackson introduced a similar bill in the House of Representatives in December 2023, which passed the House and stalled in the Senate.

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