adjournment of more than 3 days to a day certain or because of an adjournment of the Congress sine die.". (e) CONTRACT SANCTITY.-Section 7 is amended by striking out subsection (j) and inserting in lieu thereof the following: "(j) EFFECT OF CONTROLS ON EXISTING CONTRACTS.-The export restrictions contained in subsection (i) of this section and any export controls imposed under this section shall not affect any contract to harvest unprocessed western red cedar from State lands which was entered into before October 1, 1979, and the performance of which would make the red cedar available for export. Any export controls imposed under this section on any agricultural commodity (including fats, oils, and animal hides and skins) or on any forest product or fishery product, shall not affect any contract to export entered into before the date on which such controls are imposed. For purposes of this subsection, the term 'contract to export' includes, but is not limited to, an export sales agreement and an agreement to invest in an enterprise which involves the export of goods or technology.". SEC. 111. LICENSING PROCEDURES. (a) REDUCTION OF PROCESSING TIME.-Section 10 (50 U.S.C. App. 2409) is amended (1) by striking out "60" each place it appears and inserting in lieu thereof "40"; (2) by striking out "90" each place it appears and inserting in lieu thereof "60"; and (3) by striking out "30" each place it appears and inserting in lieu thereof "20". (b) AMENDMENTS WITH REGARD TO EXPORTS TO COCOM COUNTRIES. (1) ACTION ON APPLICATIONS NOT REFERRED TO OTHER DEPARTMENTS OR AGENCIES.-Section 10(c) is amended by striking out "In each case" and inserting in lieu thereof "Except as provided in subsection (o), in each case". (2) REFERRALS TO OTHER DEPARTMENTS and AGENCIES.-Section 10(d) is amended (A) by striking out "In each case" and inserting in lieu thereof "Except in the case of exports described in subsection (o), in each case"; and (B) by adding at the end the following: "Notwithstanding the 10-day period set forth in subsection (b), in the case of exports described in subsection (o), in each case in which the Secretary determines that it is necessary to refer an application to any other department or agency for its information and recommendations, the Secretary shall, immediately upon receipt of the properly completed application, refer the application to such department or agency for its review. Such review shall be concurrent with that of the Department of Commerce.". (3) ACTION BY OTHER DEPARTMENTS AND AGENCIES.-Section 10(e) is amended(A) in paragraph (1) by striking out the first sentence and inserting in lieu thereof the following: "Any department or agency to which an application is referred pursuant to subsection (d) shall submit to the Secretary the information or recommendations requested with respect to the application. The information or recommendations shall be submitted within 20 days after the department or agency receives the application or, in the case of exports described in subsection (o), before the expiration of the time periods permitted by that subsection."; and (B) in paragraph (2)—— (i) by striking out "If the head" and inserting in lieu thereof “(A) Except in the case of exports described in subsection (o), if the head", and (ii) by adding at the end the following: "(B) In the case of exports described in subsection (o), if the head of any such department or agency notifies the Secretary, before the expiration of the 15-day period provided in subsection (o)(1), that more time is required for review by such department or agency, the Secretary shall notify the applicant, pursuant to subsection (o)(1)(C), that additional time is required to consider the application, and such department or agency shall have additional time to consider the application within the limits permitted by subsection (o)(2). If such department or agency does not submit its recommendations within the time periods permitted under subsection (0), it shall be deemed by the Secretary to have no objection to the approval of such application.". (4) ACTION BY THE SECRETARY.-Section 10(f) is amended in paragraphs (1) and (4) by adding at the end of each such paragraph the following: "The provisions of this paragraph shall not apply in the case of exports described in subsection (0).". (c) RIGHT OF APPLICANT TO RESPOND TO NEGATIVE RECOMMENDATIONS.-Section 10(f)(2) is amended (1) by inserting "in writing" after "inform the applicant"; and (2) by striking out ", and shall accord" and all that follows through the end of the paragraph and inserting in lieu thereof the following: ". Before a final determination with respect to the application is made, the applicant shall be entitled "(A) to respond in writing to such questions, considerations, or recommendations within 30 days after receipt of such information from the Secretary; and "(B) upon the filing of a written request with the Secretary within 15 days after the receipt of such information, to respond in person to the department or agency raising such questions, considerations, or recommendations. The provisions of this paragraph shall not apply in the case of exports described in subsection (o).". (d) RIGHTS OF APPLICANT WITH RESPECT TO PROPOSED DENIAL.-Section 10(f)(3) is amended by striking out the first sentence and inserting in lieu thereof the following: "In cases where the Secretary has determined that an application should be denied, the applicant shall be informed in writing, within 5 days after such determination is made, of "(A) the determination, "(B) the statutory basis for the proposed denial, "(C) the policies set forth in section 3 of this Act which would be furthered by the proposed denial, "(D) what if any modifications in or restrictions on the goods or technology for which the license was sought would allow such export to be compatible with export controls imposed under this Act, "(E) which officers and employees of the Department of Commerce who are familiar with the application will be made reasonably available to the applicant for considerations with regard to such modifications or restrictions, if appropriate, "(F) to the extent consistent with the national security and foreign policy of the United States, the specific considerations which led to the determination to deny the application, and "(G) the availability of appeal procedures. The Secretary shall allow the applicant at least 30 days to respond to the Secretary's determination before the license application is denied.". (e) ADDITIONAL PROVISIONS.-Section 10 is amended (1) in the section heading by adding "; OTHER INQUIRIES" after "APPLICATIONS"; and (2) by adding at the end the following new subsections: "(k) CHANGES IN REQUIREMENTS FOR APPLICATIONS.-Except as provided in subsection (b)(3) of this section, in any case in which, after a license application is submitted, the Secretary changes the requirements for such a license application, the Secretary may request appropriate additional information of the applicant, but the Secretary may not return the application to the applicant without action because it fails to meet the changed requirements. "(1) OTHER INQUIRIES.—(1) In any case in which the Secretary receives a written request asking for the proper classification of a good or technology on the control list, the Secretary shall, within 10 working days after receipt of the request, inform the person making the request of the proper classification. "(2) In any case in which the Secretary receives a written request for information about the applicability of export license requirements under this Act to a proposed export transaction or series of transactions, the Secretary shall, within 30 days after receipt of the request, reply with that information to the person making the request. "(m) SMALL BUSINESS ASSISTANCE.-Not later than 120 days after the date of the enactment of this subsection, the Secretary shall develop and transmit to the Congress a plan to assist small businesses in the export licensing application process under this Act. The plan shall include, among other things, arrangements for counseling small businesses on filing applications and identifying goods or technology on the control list, proposals for seminars and conferences to educate small businesses on export controls and licensing procedures, and the preparation of informational brochures. "(n) REPORTS ON LICENSE APPLICATIONS.-(1) Not later than 180 days after the date of the enactment of this subsection, and not later than the end of each 3-month period thereafter, the Secretary shall submit to the Committee on Foreign Affairs of the House of Representatives and to the Committee on Banking, Housing, and Urban Affairs of the Senate a report listing "(A) all applications on which action was completed during the preceding 3month period and which required a period longer than the period permitted under subsection (c), (f)(1), or (h) of this section, as the case may be, before notification of a decision to approve or deny the application was sent to the applicant; and "(B) in a separate section, all applications which have been in process for a period longer than the period permitted under subsection (c), (f)(1), or (h) of this section, as the case may be, and upon which final action has not been taken. "(2) With regard to each application, each listing shall identify "(A) the application case number; "(B) the value of the goods or technology to which the application relates; "(D) the date on which the application was received by the Secretary; "(E) the date on which the Secretary approved or denied the application; "(F) the date on which the notification of approval or denial of the application was sent to the applicant; and "(G) the total number of days which elapsed between receipt of the application, in its properly completed form, and the earlier of the last day of the 3month period to which the report relates, or the date on which notification of approval or denial of the application was sent to the applicant. "(3) With respect to an application which was referred to other departments or agencies, the listing shall also include "(A) the departments or agencies to which the application was referred; "(C) the date or dates on which recommendations were received from those departments or agencies. "(4) With respect to an application referred to any other department or agency which did not submit or has not submitted its recommendations on the application within the period permitted under subsection (e) of this section to submit such recommendations, the listing shall also include "(A) the office responsible for processing the application and the position of the officer responsible for the office; and "(B) the period of time that elapsed before the recommendations were submitted or that has elapsed since referral of the application, as the case may be. "(5) Each report shall also provide an introduction which contains "(A) a summary of the number of applications described in paragraph (1)(A) and (B) of this subsection, and the value of the goods or technology involved in the applications, grouped according to "(i) the number of days which elapsed before action on the applications was completed, or which has elapsed without action on the applications being completed, as follows: 61 to 75 days, 76 to 90 days, 91 to 105 days, 106 to 120 days, and more than 120 days; and "(ii) the number of days which elapsed before action on the applications was completed, or which has elapsed without action on the applications being completed, beyond the period permitted under subsection (c), (f)(1), or (h) of this section for the processing of applications, as follows: not more than 15 days, 16 to 30 days, 31 to 45 days, 46 to 60 days, and more than 60 days; and "(B) a summary by country of destination of the number of applications described in paragraph (1)(A) and (B) of this subsection, and the value of the goods or technology involved in the applications, on which action was not completed within 60 days. "(0) EXPORTS TO Members of Coordinating COMMITTEE.—(1) Fifteen working days after the date of formal filing with the Secretary of an individual validated license application for the export of goods or technology to a country that maintains export controls on such goods or technology pursuant to the agreement of the governments participating in the group known as the Coordinating Committee, a license for the transaction specified in the application shall become valid and effective and the goods or technology are authorized for export pursuant to such license unless "(A) the application has been otherwise approved by the Secretary, in which case it shall be valid and effective according to the terms of the approval; "(B) the application has been denied by the Secretary pursuant to this section and the applicant has been so informed, or the applicant has been informed, pursuant to subsection (f)(3) of this section, that the application should be denied; or "(C) the Secretary requires additional time to consider the application and the applicant has been so informed. "(2) In the event that the Secretary notifies an applicant pursuant to paragraph (1)C) that more time is required to consider an individual validated license application, a license for the transaction specified in the application shall become valid and effective and the goods or technology are authorized for export pursuant to such license 30 working days after the date that such license application was formally filed with the Secretary unless "(A) the application has been otherwise approved by the Secretary, in which case it shall be valid and effective according to the terms of the approval; or "(B) the application has been denied by the Secretary pursuant to this section and the applicant has been so informed, or the applicant has been informed, pursuant to subsection (f)(3) of this section, that the application should be denied. "(3) In reviewing an individual license application subject to this subsection, the Secretary shall evaluate the information set forth in the application and the reliability of the end-user. "(4) Nothing in this subsection shall affect the scope or availability of licenses authorizing multiple exports set forth in section 4(a)(2) of this Act. "(5) The provisions of this subsection shall take effect 4 months after the date of the enactment of the Export Administration Amendments Act of 1985.". SEC. 112. VIOLATIONS. (a) IN GENERAL.-Section 11(a) (50 U.S.C. App. 2410(a)) is amended by inserting after "violates" the following: "or conspires to or attempts to violate”. (b) WILLFUL VIOLATIONS.-Section 11(b) is amended (1) in paragraph (1)— (A) by striking out "exports anything contrary to" and inserting in lieu thereof "violates or conspires to or attempts to violate"; (B) by striking out "such exports" and inserting in lieu thereof "the exports involved"; (C) by inserting after "benefit of" the following: ", or that the destination or intended destination of the goods or technology involved is,"; and (D) by striking out "country to which exports are restricted for national security or" and inserting in lieu thereof "controlled country or any country to which exports are controlled for"; (2) in paragraph (2) by striking out the last sentence; and (3) by adding after paragraph (2) the following new paragraphs: "(3) Any person who possesses any goods or technology "(A) with the intent to export such goods or technology in violation of an export control imposed under section 5 or 6 of this Act or any regulation, order, or license issued with respect to such control, or "(B) knowing or having reason to believe that the goods or technology would be so exported, shall, in the case of a violation of an export control imposed under section 5 (or any regulation, order, or license issued with respect to such control), be subject to the penalties set forth in paragraph (1) of this subsection and shall, in the case of a violation of an export control imposed under section 6 (or any regulation, order, or license issued with respect to such control), be subject to the penalties set forth in subsection (a). "(4) Any person who takes any action with the intent to evade the provisions of this Act or any regulation, order, or license issued under this Act shall be subject to the penalties set forth in subsection (a), except that in the case of an evasion of an export control imposed under section 5 or 6 of this Act (or any regulation, order, or license issued with respect to such control), such person shall be subject to the penalties set forth in paragraph (1) of this subsection. "(5) Nothing in this subsection or subsection (a) shall limit the power of the Secretary to define by regulations violations under this Act.". (c) CIVIL PENALTIES; ADMINIStrative SanctIONS.-Section 11(c) is amended (1) by striking out "head" and all that follows in paragraph (1) through "thereof," and inserting in lieu thereof "Secretary (and officers and employees of the Department of Commerce specifically designated by the Secretary)"; and (2) by adding at the end the following new paragraphs: "(3) An exception may not be made to any order issued under this Act which revokes the authority of a United States person to export goods or technology unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate are first consulted concerning the exception. "(4) The President may by regulation provide standards for establishing levels of civil penalty provided in this subsection based upon the seriousness of the violation, the culpability of the violator, and the violator's record of cooperation with the Government in disclosing the violation.". (d) Refunds of PENALTIES.-Section 11(e) is amended (1) by inserting after "subsection (c)" the following: ", or any amounts realized from the forfeiture of any property interest or proceeds pursuant to subsection (g),"; and (2) by inserting after "refund any such penalty" the following: "imposed pursuant to subsection (c)". (e) FORFEITURES; PRIOR CONVICTIONS.-Section 11 is amended— (1) by redesignating subsection (g) as subsection (i); and (2) by inserting after subsection (f) the following new subsections: "(g) FORFEITURE of Property INTEREST AND PROCEEDS.-(1) Any person who is convicted under subsection (a) or (b) of a violation of an export control imposed under section 5 of this Act (or any regulation, order, or license issued with respect to such control) shall, in addition to any other penalty, forfeit to the United States "(A) any of that person's interest in, security of, claim against, or property or contractual rights of any kind in the goods or tangible items that were the subject of the violation; "(B) any of that person's interest in, security of, claim against, or property or contractual rights of any kind in tangible property that was used in the export or attempt to export that was the subject of the violation; and "(C) any of that person's property constituting, or derived from, any proceeds obtained directly or indirectly as a result of the violation. "(2) The procedures in any forfeiture under this subsection, and the duties and authority of the courts of the United States and the Attorney General with respect to any forfeiture action under this subsection or with respect to any property that may be subject to forfeiture under this subsection, shall be governed by the provisions of section 1963 of title 18, United States Code. "(h) PRIOR CONVICTIONS.-No person convicted of a violation of section 793, 794, or 798 of title 18, United States Code, section 4(b) of the Internal Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms Export Control Act (22 U.S.C. 2778) shall be eligible, at the discretion of the Secretary, to apply for or use any export license under this Act for a period of up to 10 years from the date of the conviction. The Secretary may revoke any export license under this Act in which such person has an interest at the time of the conviction.". (f) TECHNICAL Amendment.—Section 11(i), as redesignated by subsection (e) of this section, is amended by striking out “or (f)” and inserting in lieu thereof “(f), (g), or (h)". SEC. 113. ENFORCEMENT. (a) GENERAL AUTHORITY.-Section 12(a) (50 U.S.C. App. 2411(a)) is amended(1) by inserting "(1)" immediately before the first sentence; (2) by striking out "such investigations and" and inserting in lieu thereof "such investigations within the United States, and the Commissioner of Customs (and officers or employees of the United States Customs Service specifically designated by the Commissioner) may make such investigations outside of the United States, and the head of such department or agency (and such officers or employees) may"; (3) by striking out "the district court of the United States for any district in which such person is found or resides or transacts business, upon application, and" and inserting in lieu thereof "a district court of the United States,"; (4) by adding at the end the following new sentence: "In addition to the authority conferred by this paragraph, the Secretary (and officers or employees of the Department of Commerce designated by the Secretary) may conduct, outside the United States, pre-license investigations and post-shipment verifications of items licensed for export, and investigations in the enforcement of section 8 of this Act."; and (5) by adding at the end the following new paragraphs: "(2)(A) Subject to subparagraph (B) of this paragraph, the United States Customs Service is authorized, in the enforcement of this Act, to search, detain (after search), and seize goods or technology at those ports of entry or exit from the United States where officers of the Customs Service are authorized by law to conduct such |