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{{Short description|former United States federal law}}
{{Short description|Former United States federal law}}
{{Infobox U.S. legislation
{{Infobox U.S. legislation
| shorttitle = Export Administration Act of 1979
| shorttitle = Export Administration Act of 1979
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| SCOTUS cases =
| SCOTUS cases =
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The '''Export Administration Act''' ('''EAA''') '''of 1979''' (P.L. 96-72) provided legal authority to the President to control U.S. exports for reasons of national security, foreign policy, and/or short supply. The act was in force from 1979 to 1994, with a lapse in 1984–85. During this lapse, and upon the law's expiration, the authority of export regulations was continued by executive authority. Presidents [[Ronald Reagan]], [[Bill Clinton]], and [[George W. Bush]] each declared that the expiration created an emergency under the [[International Emergency Economic Powers Act]] and reauthorized all regulations on that basis.
The '''Export Administration Act''' ('''EAA''') '''of 1979''' (P.L. 96-72) authorized to the President to control U.S. exports for national security, foreign policy, and short supply purposes. The EAA, like its predecessors, contained a sunset provision, and, beginning in the mid-1980s, Congress let the EAA lapse several times. Each time, the President kept controls on exports in force by declaring an emergency under the [[National Emergencies Act]] and invoking authorities under the [[International Emergency Economic Powers Act]].<ref>{{Federal Register|48|56563}}, {{Federal Register|49|13099}}, {{Federal Register|55|40373}}, {{Federal Register|59|34551}}, {{Federal Register|59|43437}}, {{Federal Register|66|44025}}.</ref>


The Act was repealed by the [[Export Controls Act of 2018]]<ref>{{cite web|url=https://www.congress.gov/bill/115th-congress/house-bill/5515/text|title=H.R.5515 - John S. McCain National Defense Authorization Act for Fiscal Year 2019|website=Congress.gov|publisher=[[United States Congress]]}}</ref> enacted on August 4, 2018. That law made the Export Administration Regulations permanent. However, "because the implementation of certain sanctions authorities, including sections 11A, 11B, and 11C of the Export Administration Act," [https://trumpwhitehouse.archives.gov/briefings-statements/notice-continuation-national-emergency-respect-export-control-regulations/] (that were not repealed), the president must continue to use the IEEPA to reauthorize every year.
The Act was mostly repealed by the [[Export Control Reform Act of 2018]].<ref>Title XVII, Subtitle B of {{USPL|115|232|John S. McCain National Defense Authorization Act for Fiscal Year 2019}}</ref> That law provided a statutory basis for the [[Export Administration Regulations]] (EAR) and did not include any sunset provisions. However, "because the implementation of certain sanctions authorities, including sections 11A, 11B, and 11C of the Export Administration Act ... is to be carried out under the International Emergency Economic Powers Act,"<ref>{{Federal Register|84|41881}}, {{Federal Register|89|66187}}</ref> the president must continue to use IEEPA to maintain the national emergency under which those sanctions were implemented.


== Regulation forbidding Anti-Israel boycotts ==
== Regulation forbidding Anti-Israel boycotts ==
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{{DEFAULTSORT:Export Administration Act Of 1979}}
{{DEFAULTSORT:Export Administration Act Of 1979}}
[[Category:United States federal trade legislation]]
[[Category:United States federal trade legislation]]
[[Category:1979 in law]]
[[Category:1979 in American law]]
[[Category:96th United States Congress]]
[[Category:96th United States Congress]]
[[Category:Economic warfare]]
[[Category:Economic warfare]]

Latest revision as of 20:09, 7 October 2024

Export Administration Act of 1979
Great Seal of the United States
Long titleAn Act to provide authority to regulate exports, to improve the efficiency of export regulation, and to minimize interference with the ability to engage in commerce.
Acronyms (colloquial)EAA
NicknamesExport Administration Act Amendments of 1979
Enacted bythe 96th United States Congress
EffectiveSeptember 29, 1979
Citations
Public law96-72
Statutes at Large93 Stat. 503
Codification
Titles amended50 U.S.C.: War and National Defense
U.S.C. sections amended50 U.S.C. ch. Appendix - Export Regulation § 2401 et seq.
Legislative history
  • Introduced in the Senate as S. 737 by Adlai Stevenson, III (D–IL) on March 22, 1979
  • Committee consideration by Senate Banking, Housing, and Urban Affairs
  • Passed the Senate on July 21, 1979 (74-3)
  • Passed the House on September 25, 1979 (passed, in lieu of H.R. 4034)
  • Reported by the joint conference committee on September 27, 1979; agreed to by the Senate on September 27, 1979 (agreed) and by the House on September 28, 1979 (321-19)
  • Signed into law by President Jimmy Carter on September 29, 1979

The Export Administration Act (EAA) of 1979 (P.L. 96-72) authorized to the President to control U.S. exports for national security, foreign policy, and short supply purposes. The EAA, like its predecessors, contained a sunset provision, and, beginning in the mid-1980s, Congress let the EAA lapse several times. Each time, the President kept controls on exports in force by declaring an emergency under the National Emergencies Act and invoking authorities under the International Emergency Economic Powers Act.[1]

The Act was mostly repealed by the Export Control Reform Act of 2018.[2] That law provided a statutory basis for the Export Administration Regulations (EAR) and did not include any sunset provisions. However, "because the implementation of certain sanctions authorities, including sections 11A, 11B, and 11C of the Export Administration Act ... is to be carried out under the International Emergency Economic Powers Act,"[3] the president must continue to use IEEPA to maintain the national emergency under which those sanctions were implemented.

Regulation forbidding Anti-Israel boycotts

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The U.S. Department of Commerce's Bureau of Industry and Security is charged with enforcing and administering the anti-boycott laws under the Export Administration Act.

"Those laws discourage, and in some circumstances, prohibit U.S. companies from furthering or supporting the boycott of Israel sponsored by the Arab League, and certain Muslim countries, including complying with certain requests for information designed to verify compliance with the boycott."[4]

See also

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References

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  1. ^ 48 FR 56563, 49 FR 13099, 55 FR 40373, 59 FR 34551, 59 FR 43437, 66 FR 44025.
  2. ^ Title XVII, Subtitle B of Pub. L. 115–232: John S. McCain National Defense Authorization Act for Fiscal Year 2019 (text) (PDF)
  3. ^ 84 FR 41881, 89 FR 66187
  4. ^ "Antiboycott Compliance". United States Department of Commerce. Archived from the original on June 12, 2010.
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