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Clifford Chance

Clifford Chance


The Export Control Reform Act of 2018: Risks and Opportunities in the Modernization of U.S. Export Controls

26 February 2018

Perhaps as a treat for Chinese New Year, House Foreign Affairs Committee Chairman Ed Royce (R-CA) introduced a bill on Thursday, February 15, to renew the legislative basis for U.S. dual use export controls for the first time in nearly twenty years. The bill, entitled the "Export Control Reform Act of 2018" (ECRA), seeks to repeal the long-expired Export Administration Act of 1979 (EAA) and replace it with a legislative framework intended to modernize the U.S. dual use export control regime while addressing perceived threats to U.S. interests from non-U.S. competitors. The ECRA can be seen in some ways as a counterpoint to export control provisions contained in the "Foreign Investment Risk Review Modernization Act of 2017" (FIRRMA) currently working its way through Congress.

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