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Index
Department of Commerce (DoC)
International Trade Administration (ITA)
US Patent and Trade Administration (USPTO)
Bureau of Industry and Security (BIS)
National Institute of Standards and Technology (NIST)
US AI Safety Institute (USAISI)
National Telecommunication and Information Administration (NTIA)
Department of Energy (DoE)
Office of Cybersecurity, Energy Security, and Emergency Response (CESER)
Advanced Scientific Computing Research (ASCR)
Office of Critical and Emerging Technology (OCET)
Department of Homeland Security (DoHS)
Cybersecurity and & Infrastructure Security Agency (CISA)
Office of Cyber, Infrastructure, Risk, and Resilience (CIRR)
Bureau of Industry and Security (BIS)
Export Administration (EA)
The EA is a division of BIS that develops and implements policies and regulations governing the international transfer of dual-use military items. Its goal is to identify and mitigate national security risks associated with exports while advancing U.S. national security and foreign policy interests. EA evaluates license applications, participates in multilateral export control regimes, and maintains lists of entities of concern.
Thea D. Rozman Kendler - Assistant Secretary of Commerce for Export Administration
Authority
EA derives its authority primarily through the Export Control Reform Act of 2018 and the Export Administration Regulations (EAR).
Authorities
| Code/Legislation | Description |
|---|---|
| Export Control Reform Act of 2018 (ECRA) – 50 U.S.C. 4801-4852 | Provides authority for regulating exports of dual-use items for national security, foreign policy, or short supply reasons. Authorizes implementation of restrictions on compliance with foreign boycotts and other restrictive trade practices. |
| Nuclear Proliferation Prevention – 22 U.S.C. 2799aa-1(b) | Requires the President to impose sanctions, including prohibiting exports of specific goods and technologies, on non-nuclear-weapon states that receive or detonate nuclear explosive devices. |
| Dual-Use Nuclear Items Control – 42 U.S.C. 2139a | Sets forth the Commerce Department’s responsibility for controlling the export of dual-use items significant for nuclear explosive purposes. |
| Defense Production Act (DPA) & EO 14110 – Section 4.2 | Enables BIS to implement Section 4.2, which requires the Secretary of Commerce to use Defense Production Act authorities to mandate reporting of large-scale computing cluster acquisition, development, or possession. This includes details on cluster existence, location, and available computing power. The Secretary must then regularly assess the capabilities of companies developing or intending to develop potential dual-use foundation models. |
Responsibilities & Objectives
- Control exports of dual-use and less sensitive military items
- Maintain entity lists for countries of concern
- Evaluate license applications and classifications
- Identify critical technologies per ECRA Section 1758
- Develop regulations restricting U.S. support to foreign military entities
- Implement sanctions for national security
- Coordinate with international partners on export control systems
- Assess defense industrial base impact per ECRA
- Conduct outreach to companies and academia on EAR
- Update EAR and provide compliance guidance
- Analyze trade trends and regulation effectiveness
- Maintain technical specialists for industry insights
- Manage industrial compliance for arms control treaties (e.g., Chemical Weapons Convention)
- Support Committee on Foreign Investment in the United States reviews
- Implement outbound investment program focused on China
- Conduct Section 232 investigations on import effects
- Manage exclusions from Section 232 trade actions
- Coordinate with agencies on defense industrial base health
- Support law enforcement with expert testimony
- Administer Defense Priorities and Allocations System (DPAS)
- Assess defense trade offsets and report to Congress
- Co-chair Market Impact Committee for National Defense Stockpile
Budget
According to the FY 2025 Budget Request, the Export Administration sought a funding increase of $5,605,000 to implement Section 4.2 of Executive Order 14110. This increase, which includes 3 new positions, will enable BIS to establish reporting requirements for entities with large-scale computing clusters, assess companies developing dual-use foundation models, and detect malicious AI use on U.S. infrastructure. The funds will support the development of regulations, data collection using DPA, and the acquisition of technical expertise and tools for industrial base analysis.
References
https://www.commerce.gov/sites/default/files/2024-03/BIS-FY2025-Congressional-Budget-Submission.pdf
Index
Department of Commerce (DoC)
International Trade Administration (ITA)
US Patent and Trade Administration (USPTO)
Bureau of Industry and Security (BIS)
National Institute of Standards and Technology (NIST)
US AI Safety Institute (USAISI)
National Telecommunication and Information Administration (NTIA)
Department of Energy (DoE)
Office of Cybersecurity, Energy Security, and Emergency Response (CESER)
Advanced Scientific Computing Research (ASCR)
Office of Critical and Emerging Technology (OCET)
Department of Homeland Security (DoHS)
Cybersecurity and & Infrastructure Security Agency (CISA)
Office of Cyber, Infrastructure, Risk, and Resilience (CIRR)