EXPORTS TO COUNTRIES OTHER THAN CONTROLLED COUNTRIES.

SEC. 2415. EXPORTS TO COUNTRIES OTHER THAN CONTROLLED COUNTRIES. (a) COCOM Countries.—Section 5(b)(2) of the Act (50 U.S.C. App. 2404(b)(2)) is amended to read as follows: “(2)(A) Except as provided in subparagraph (B), no authority or permission may be required under this section to export goods or technology to a country which maintains export controls on such goods or technology cooperatively with the United States pursuant to the agreement of the group known as the Coordinating Committee or pursuant to an agreement described in subsection (k) of this section, if the export of such goods or technology to the People’s Republic of China or a controlled country on the date of the enactment of the Export Enhancement Act of 1988 would require only notification of the participating governments of the Coordinating Committee. “(B)(i) The Secretary may require a license for the export of goods or technology described in subparagraph (A) to such end users as the Secretary may specify by regulation. “(ii) The Secretary may require any person exporting goods or technology under this paragraph to notify the Secretary of those exports. “(C) The Secretary shall, within 3 months after the date of the enactment of the Export Enhancement Act of 1988, determine which countries referred to in subparagraph (A) are implementing 102 STAT. 1349an effective export control system consistent with principles agreed to in the Coordinating Committee, including the following: “(i) national laws providing appropriate civil and criminal penalties and statutes of limitations sufficient to deter potential violations; “(ii) a program to evaluate export license applications that includes sufficient technical expertise to assess the licensing status of exports and ensure the reliability of end-users; “(iii) an enforcement mechanism that provides authority for trained enforcement officers to investigate and prevent illegal exports; “(iv) a system of export control documentation to verify the movement of goods and technology; and “(v) procedures for the coordination and exchange of information concerning violations of the agreement of the Coordinating Committee. The Secretary shall, at least once each year, review the determinations made under the preceding sentence with respect to all countries referred to in subparagraph (A). The Secretary may, as appropriate, add countries to, or remove countries from, the list of countries that are implementing an effective export control system in accordance with this subparagraph. No authority or permission to export may be required for the export of goods or technology to a country on such list.”. (b) Countries Other Than COCOM Countries.—Section 5(b) of the Act (50 U.S.C. App. 2404(b)) is amended by adding at the end the following: “(3)(A) No authority or permission may be required under this section to export to any country, other than a controlled country, any goods or technology if the export of the goods or technology to controlled countries would require only notification of the participating governments of the Coordinating Committee. “(B) The Secretary may require any person exporting any goods or technology under subparagraph (A) to notify the Secretary of those exports.”.