3 the primary authority to control exports was

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3. The primary authority to control exports was governed by the Export Administration Act (EAA) of 1979, as amended, which expired in August 2001. Although the EEA authority has lapsed, the U.S. export control regime remains in place under the authority of the International Emergency Economic Powers Act (IEEPA), which is renewed annually. 4. The EAA authorized the President to prohibit or curtail the export of goods "where necessary to protect the domestic economy from the excessive drain of scarce materials"; and to monitor exports of certain goods to determine the impact of such exports on domestic supply and to evaluate whether this impact has an adverse effect on the U.S. economy. This authority has been continued under the IEEPA. During FY 2002, the BIS controlled the export of domestically produced crude oil and certain unprocessed timber harvested from federal and state lands; BIS approved 14 licences for the export of crude oil amounting to 38 million barrels. No licences were approved for the export of unprocessed timber. Agricultural products that are monitored include wheat, corn, rice, soybeans and products, and cotton. 5. Some items that may have dual uses are listed on the Commerce Control List (CCL), and are controlled under the Export Administration Regulations (EARs). The export of these items requires a licence, based upon the item classification, the destination, the end-user, and the end-use. The EARs include a country chart, which lists the reasons stated for control of a given item, and specifies whether exports of certain items to a given country require a licence. Among recent developments, special controls on the export and re-export of arms-related items to the Federal Republic of Yugoslavia (Serbia and Montenegro), that had been imposed in 1998, were removed in November 2002. 170 The EARs have been revised to reflect new signatories to the Chemical Weapons Convention in September 2001, and new members of the Missile Technology Control Regime in March 2003. 6. In addition, the BIS maintains "catch all" controls for items that are not specifically listed on the CCL but are being shipped to a sensitive recipient, such as a nuclear facility. Exporters in these cases must apply for a licence for all items shipped, regardless of their classification or whether the items are on the CCL. Export enforcement investigations of unauthorized exports may result in fines or imprisonment of exporters found to have made unlawful exports. In FY 2002, the BIS completed the review of 10,767 license applications, with an average processing time of 39 days. 171 It approved 8,735 applications, returned 1,826 without action, and denied 206. 7. The BIS engages in various bilateral and regional export control activities. Its Nonproliferation and Export Control (NEC) cooperation programme, established in 1994, aims to strengthen foreign national export control systems for sensitive items. 172 NEC manages BIS 170 New rules affecting the EARs are published in the Federal Register, and are available online at: http://w3. access.gpo.gov/bis/fedreg/ear_fedreg.html.
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