S.Amdt. 5858

SA 5858, submitted by Mrs. Blackburn and Mr. Kelly, aims to add a section to bill S. 4784 to create an expedited process for changing the Entity List.

The amendment proposes the following changes to the Export Control Reform Act of 2018:

• Proposal Process: Any member of the End-User Review Committee can submit a proposal for additions to, removals from, or modifications of entities on the Entity List.

• Voting Timeline: The Committee must vote on a proposal within 30 days of submission. This can be extended by 15 days if the chairperson and the member who submitted the proposal agree that more information is needed.

• Adding Entities: An entity can be added to the list via a majority vote if it is determined the entity is, was, or is at risk of engaging in activities against the foreign policy or national security interests of the United States.

• Licensing Policy: There is a general "presumption of denial" for export, reexport, or in-country transfer licenses if an entity on the list is part of the transaction. A majority vote can be used to apply a different policy if it serves national security and foreign policy interests.

• Administrative Rules:

  • Each Committee member gets one vote.
  • The chairperson cannot override voting decisions or make determinations.
  • The chairperson can suspend the 30-day voting period if all members unanimously agree.
  • The chairperson must notify the Assistant Secretary of Commerce for Export Administration of final decisions for implementation.