HR1316-119

2. Licensing transparency Section 1756 of the Export Control Reform Act of 2018 (50 U.S.C. 4815) is amended by adding at the end the following: Not later than one year after the date of the enactment of this subsection, and not less frequently than annually thereafter, the Secretary, shall, subject to the availability of appropriations, submit to the appropriate congressional committees a report on end-use checks related to, as well as license applications and other requests for authorization for the export, reexport, release, and in-country transfer of items controlled under this part to covered entities. The report required by paragraph (1) shall include, with respect to the preceding one year-period, the following: For each license application or other request for authorization, the name of the entity submitting the application, a brief description of the item (including the Export Control Classification Number (ECCN) and reason for control, if applicable), the name of the end-user, the end-user’s location, a value estimate, decision with respect to the license application or authorization, and the date of submission. The date, location, and result of any end-use checks, to ensure compliance with United States export controls. Aggregate statistics on all license applications and other requests for authorization as described in subparagraph (A). The information required to be provided in the reports required by this subsection (other than the information required by paragraph (2)(C)) shall be exempt from public disclosure pursuant to section 1761(h)(1). In preparing and submitting a report under subsection (e), the Secretary shall ensure that information that may jeopardize an ongoing investigation shall not be included in the contents of the report. In this subsection— the term appropriate congressional committees means— the Committee on Foreign Affairs of the House of Representatives; and the Committee on Banking, Housing, and Urban Affairs of the Senate; and the term covered entity means any entity that— is located in a country listed in Country Group D:5 under Supplement No. 1 to part 740 of title 15, Code of Federal Regulations; and is included on— the list maintained and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations; or the list maintained and set forth in Supplement No. 7 to part 744 of the Export Administration Regulations. (e)Report (1)In generalNot later than one year after the date of the enactment of this subsection, and not less frequently than annually thereafter, the Secretary, shall, subject to the availability of appropriations, submit to the appropriate congressional committees a report on end-use checks related to, as well as license applications and other requests for authorization for the export, reexport, release, and in-country transfer of items controlled under this part to covered entities. (2)ElementsThe report required by paragraph (1) shall include, with respect to the preceding one year-period, the following: (A)For each license application or other request for authorization, the name of the entity submitting the application, a brief description of the item (including the Export Control Classification Number (ECCN) and reason for control, if applicable), the name of the end-user, the end-user’s location, a value estimate, decision with respect to the license application or authorization, and the date of submission. (B)The date, location, and result of any end-use checks, to ensure compliance with United States export controls. (C)Aggregate statistics on all license applications and other requests for authorization as described in subparagraph (A). (3)Confidentiality of informationThe information required to be provided in the reports required by this subsection (other than the information required by paragraph (2)(C)) shall be exempt from public disclosure pursuant to section 1761(h)(1). (4)Protecting enforcement informationIn preparing and submitting a report under subsection (e), the Secretary shall ensure that information that may jeopardize an ongoing investigation shall not be included in the contents of the report. (5)DefinitionsIn this subsection— (A)the term appropriate congressional committees means— (i)the Committee on Foreign Affairs of the House of Representatives; and (ii)the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B)the term covered entity means any entity that— (i)is located in a country listed in Country Group D:5 under Supplement No. 1 to part 740 of title 15, Code of Federal Regulations; and (ii)is included on— (I)the list maintained and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations; or (II)the list maintained and set forth in Supplement No. 7 to part 744 of the Export Administration Regulations..