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(5) According to a February 2018 report (GAO-18-249), GAO noted: “Officials from Treasury and other member agencies are aware of pressures on their CFIUS staff given the current workload and have expressed concerns about possible workload increases.”. (1) establish and maintain a list of items that are controlled under this subtitle;(2) establish and maintain a list of foreign persons and end-uses that are determined to be a threat to the national security and foreign policy of the United States pursuant to the policy set forth in section 812(2)(A);(3) prohibit unauthorized exports, reexports, and transfers of controlled items, including to foreign persons in the United States or outside the United States;(4) restrict exports, reexports, and transfers of any controlled items to any foreign person or end-use listed under paragraph (2);(5) require licenses or other authorizations, as appropriate, for exports, reexports, and transfers of controlled items, including imposing conditions or restrictions on United States persons and foreign persons with respect to such licenses or other authorizations;(6) establish a process for an assessment to determine whether a foreign item is comparable in quality to an item controlled under this subtitle, and is available in sufficient quantities to render the United States export control of that item or the denial of a license ineffective, including a mechanism to address that disparity;(7) require measures for compliance with the export controls established under this subtitle;(8) require and obtain such information from United States persons and foreign persons as is necessary to carry out this subtitle;(9) require, to the extent feasible, identification of items subject to controls under this subtitle in order to facilitate the enforcement of such controls;(10) inspect, search, detain, or seize, or impose temporary denial orders with respect to items, in any form, that are subject to controls under this subtitle, or conveyances on which it is believed that there are items that have been, are being, or are about to be exported, reexported, or transferred in violation of this subtitle;(11) monitor shipments, or other means of transfer;(12) keep the public fully apprised of changes in policy, regulations, and procedures established under this subtitle;(13) appoint technical advisory committees in accordance with the Federal Advisory Committee Act;(14) create, as warranted, exceptions to licensing requirements in order to further the objectives of this subtitle;(15) establish and maintain processes to inform persons, either individually by specific notice or through amendment to any regulation or order issued under this subtitle, that a license from the Bureau of Industry and Security of the Department of Commerce is required to export; and(16) undertake any other action as is necessary to carry out this subtitle that is not otherwise prohibited by law. effectively guard against the risk to the national security of the United This subtitle may be cited as the ‘‘Foreign Investment Risk Review Modernization Act of 2018’’. (i) any individual who is a citizen or national of the United States or who is an individual described in subparagraph (B) of section 274B(a)(3) of the Immigration and Nationality Act ((ii) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia; and(B) for purposes of subtitle B, any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern) and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations by the Secretary.This subtitle may be cited as the “Export Controls Act of 2018”. Please help us make GovTrack better address the needs of educators by joining our advisory group. (i) identifying specific threats to the national security and foreign policy that the authority of this subtitle may be used to address; and(ii) exercising the authority under this subtitle to implement policies, regulations, procedures, and actions that are necessary to effectively counteract those threats;(i) criteria for including items on, and removing such an item from, a list of controlled items established under this subtitle;(ii) an interagency procedure for compiling and amending any list described in clause (i);(iii) criteria for including a person on a list of persons to whom exports, reexports, and transfers of items are prohibited or restricted under this subtitle;(iv) standards for compliance by persons subject to controls under this subtitle; and(v) policies and procedures for the end-use monitoring of exports, reexports, and transfers of items controlled under this subtitle;(C) obtain independent evaluations, including from Inspectors General of the relevant departments or agencies, on a periodic basis on the effectiveness of the implementation of this subtitle in carrying out the policy set forth in section 812; and(D) benefit from the inherent equities, experience, and capabilities of the Federal officials described in subsection (a), including—(i) the views of the Department of Defense with respect to the national security implications of a particular control or decision;(ii) the views of the Department of State with respect to foreign policy implications of a particular control or decision, including views relating to national security;(iii) the views of the Department of Energy with respect to the implications for nuclear proliferation of a particular control or decision;(iv) the views of the Department of Commerce with respect to the administration of an efficient, coherent, reliable, enforceable, and predictable export control system, including views relating to national security, and the resolution of competing views or policy objectives described in section 812; and(v) the views of other Federal agencies, including the Department of Homeland Security and the Department of Justice, with respect to enforceability of a particular control or decision.
(5) According to a February 2018 report (GAO-18-249), GAO noted: “Officials from Treasury and other member agencies are aware of pressures on their CFIUS staff given the current workload and have expressed concerns about possible workload increases.”. (1) establish and maintain a list of items that are controlled under this subtitle;(2) establish and maintain a list of foreign persons and end-uses that are determined to be a threat to the national security and foreign policy of the United States pursuant to the policy set forth in section 812(2)(A);(3) prohibit unauthorized exports, reexports, and transfers of controlled items, including to foreign persons in the United States or outside the United States;(4) restrict exports, reexports, and transfers of any controlled items to any foreign person or end-use listed under paragraph (2);(5) require licenses or other authorizations, as appropriate, for exports, reexports, and transfers of controlled items, including imposing conditions or restrictions on United States persons and foreign persons with respect to such licenses or other authorizations;(6) establish a process for an assessment to determine whether a foreign item is comparable in quality to an item controlled under this subtitle, and is available in sufficient quantities to render the United States export control of that item or the denial of a license ineffective, including a mechanism to address that disparity;(7) require measures for compliance with the export controls established under this subtitle;(8) require and obtain such information from United States persons and foreign persons as is necessary to carry out this subtitle;(9) require, to the extent feasible, identification of items subject to controls under this subtitle in order to facilitate the enforcement of such controls;(10) inspect, search, detain, or seize, or impose temporary denial orders with respect to items, in any form, that are subject to controls under this subtitle, or conveyances on which it is believed that there are items that have been, are being, or are about to be exported, reexported, or transferred in violation of this subtitle;(11) monitor shipments, or other means of transfer;(12) keep the public fully apprised of changes in policy, regulations, and procedures established under this subtitle;(13) appoint technical advisory committees in accordance with the Federal Advisory Committee Act;(14) create, as warranted, exceptions to licensing requirements in order to further the objectives of this subtitle;(15) establish and maintain processes to inform persons, either individually by specific notice or through amendment to any regulation or order issued under this subtitle, that a license from the Bureau of Industry and Security of the Department of Commerce is required to export; and(16) undertake any other action as is necessary to carry out this subtitle that is not otherwise prohibited by law. effectively guard against the risk to the national security of the United This subtitle may be cited as the ‘‘Foreign Investment Risk Review Modernization Act of 2018’’. (i) any individual who is a citizen or national of the United States or who is an individual described in subparagraph (B) of section 274B(a)(3) of the Immigration and Nationality Act ((ii) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia; and(B) for purposes of subtitle B, any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern) and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations by the Secretary.This subtitle may be cited as the “Export Controls Act of 2018”. Please help us make GovTrack better address the needs of educators by joining our advisory group. (i) identifying specific threats to the national security and foreign policy that the authority of this subtitle may be used to address; and(ii) exercising the authority under this subtitle to implement policies, regulations, procedures, and actions that are necessary to effectively counteract those threats;(i) criteria for including items on, and removing such an item from, a list of controlled items established under this subtitle;(ii) an interagency procedure for compiling and amending any list described in clause (i);(iii) criteria for including a person on a list of persons to whom exports, reexports, and transfers of items are prohibited or restricted under this subtitle;(iv) standards for compliance by persons subject to controls under this subtitle; and(v) policies and procedures for the end-use monitoring of exports, reexports, and transfers of items controlled under this subtitle;(C) obtain independent evaluations, including from Inspectors General of the relevant departments or agencies, on a periodic basis on the effectiveness of the implementation of this subtitle in carrying out the policy set forth in section 812; and(D) benefit from the inherent equities, experience, and capabilities of the Federal officials described in subsection (a), including—(i) the views of the Department of Defense with respect to the national security implications of a particular control or decision;(ii) the views of the Department of State with respect to foreign policy implications of a particular control or decision, including views relating to national security;(iii) the views of the Department of Energy with respect to the implications for nuclear proliferation of a particular control or decision;(iv) the views of the Department of Commerce with respect to the administration of an efficient, coherent, reliable, enforceable, and predictable export control system, including views relating to national security, and the resolution of competing views or policy objectives described in section 812; and(v) the views of other Federal agencies, including the Department of Homeland Security and the Department of Justice, with respect to enforceability of a particular control or decision.