National Security Controls

The federal government may limit or prevent the transfer of information and materials to foreign countries when transfer of these items could adversely affect national security. The provisions of the Acts described below affect such transfers.

Export Administration Act - The Department of Commerce administers the Export Administration Act and the Export Administration Regulations. This statute restricts the export of items that have both a civilian and military use, such as commodities or technical data, to countries that are adversaries of the United States. Restriction may be based on the nature of the item to be exported, the destination, or both. If export of the item is restricted, it must be determined whether the export may proceed under license issued by the Commerce Department. If a license is available, an appropriate application must be submitted.

Arms Export Control Act - The Arms Export Control Act and the International Traffic in Arms Regulations are administered by the State Department. This statute authorizes the president to control the export of defense articles and services that are included on the U.S. munitions list. Questions concerning restrictions on particular technologies must be submitted to the State Department for determination. As with the Export Administration Act, export of items of munitions is controlled through issuance of licenses.