Export Control Enforcement and Enhancement Act

This Act may be cited as the “Export Control Enforcement and Enhancement Act”.

Section 1754 of the Export Control Reform Act of 2018 (50 U.S.C. 4813) is amended by adding at the end the following:

“(g) Expedited consideration of proposals for additions to, removals from, or other modifications with respect to entities on the Entity List.—

(1) In general.— Any member of the End-User Review Committee may submit a proposal directly to the Committee requesting a vote of all members of the Committee for additions to, removals from, or other modifications with respect to the Entity List. A proposal to add an entity to the Entity List shall be made in accordance with the provisions of paragraph (4).

(2) Consideration.— Subject to paragraph (4)(B), the End-User Review Committee shall vote to approve or disapprove a proposal submitted under paragraph (1) not later than 30 days after the date on which the proposal is submitted to the Committee.

(3) Additional information.— The chairperson of the End-User Review Committee, with the concurrence of the member of the Committee that submitted a proposal under paragraph (1), may suspend for an additional 15 days the time period specified in paragraph (2) with respect to consideration of the proposal if the chairperson and the member determine that additional information is required in order to make a determination with respect to the proposal, including the impact and effect of the proposal.

(4) Additions to the Entity List.—

(A) In general.— An entity may be added to the Entity List if the End-User Review Committee by majority vote of its members has determined that the entity has engaged, is engaged, or is at risk of engaging in activities contrary to the national security or foreign policy interests of the United States.

(B) Licensing policy.—

(i) In general.— Subject to clause (ii), there shall be in effect a policy of presumption of denial for all applications for a license to export, reexport, or in-country transfer any item subject to the Export Administration Regulations if an entity added to the Entity List under this subsection is or would be a party to a transaction with respect to which the application applies.

(ii) Exception.— The licensing policy required by clause (i) shall not apply with respect to an entity described in such clause if the members of the End-User Review Committee agree by majority vote to apply a different policy with respect to the entity for all or specific types of items subject to the Export Administration Regulations that would be in the national security and foreign policy interests of the United States.

(C) Rule of construction.— Nothing in this paragraph may be construed to limit or otherwise affect the escalation procedures unrelated to the End-User Review Committee.

(5) Administrative provisions.—

(A) In general.— Each member of the End-User Review Committee shall have 1 vote with respect to matters described in this subsection. The chairperson of the Committee shall not have the authority to make determinations or override any voting decision with respect to such matters.

(B) Suspension of voting period.— The chairperson of the End-User Review Committee may suspend the 30-day voting period described in paragraph (2) if the members of the Committee unanimously agree to postpone the vote.

(C) Notice; implementing authority.— The chairperson of the End-User Review Committee shall notify the Assistant Secretary of Commerce for Export Administration of all final decisions of the Committee with respect to additions to, removals from, or other modifications with respect to the Entity List under this subsection so that the Assistant Secretary of Commerce for Export Administration may implement all such modifications.

(6) Definitions.— In this subsection:

(A) End-User Review Committee; Committee.— The terms “End-User Review Committee” and “Committee” mean—

(i) the End-User Review Committee established under section 744.16(d) of the Export Administration Regulations; or

(ii) any successor committee.

(B) Entity List.— The term “Entity List” means the list maintained by the Bureau of Industry and Security of the Department of Commerce pursuant to subsection (a)(2) and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations (or successor regulations).”.