The statutory exemption in Section 13(a) of the EAA from the application of certain provisions of the Administrative Procedure Act (APA), including the appropriate level of administrative due process and judicial review of Commerce Department actions, should be removed.
The provision in Section 13(b) of the EAA for ''meaningful opportunity for public comment" should be retained even if Section 13(a) is repealed, since under the APA any agency may exempt regulations from pre-issuance for public comment if security or foreign policy so require.
The General Accounting Office (GAO) should be requested to undertake a study of the appropriate mechanism(s) for enforcement of export controls.
Questions the GAO study should address include the following:
What are the requirements for enforcement in the various export control laws and how do they differ for the Export Administration Act, Arms Export Control Act, Atomic Energy Act, Nuclear Non-Proliferation Act, International Emergency Economic Powers Act, and the Trading with the Enemy Act?
To what extent are there problems with enforcement of the Export Administration Act? Specifically,
Are organizations effectively accomplishing their assigned enforcement missions?
Are enforcement resources allocated rationally?
Are there mechanisms to promote coordination and cooperation in enforcement efforts?
Do efficiencies result from linking administration to enforcement?
What is the degree of exporter cooperation with the Commerce Department and the Customs Service?
What enforcement improvements are required?
Is there a more effective basis for organizing enforcement responsibilities?
More specifically, an effort should be made to analyze and systemize the various criminal and civil sanctions in the U.S. export control statutes. In addition, given that a number of export control statutes lack civil enforcement provisions, consideration should be given to enactment of appropriate civil sanctions for export control violations, to-