Senate Bill to Curb Export Licensing

Republican senators introduced legislation  to modify the Bureau of Industry and Security's (BIS) processes for granting export licenses, particularly for technology exports to China and Russia.

BIS, a part of the U.S. Department of Commerce, oversees the implementation of the Export Administration Regulations (EAR), which controls the export of dual-use items that have both civilian and military applications, or items that can contribute to the proliferation of weapons of mass destruction.

S.2170 was introduced by Senators Marco Rubio (R-FL) and Roger Wicker (R-MS) as the Depriving Enemy Nations of Integral Authorizations and Licenses (DENIAL) Act of 2023.

Under the proposed DENIAL Act, BIS would be required to automatically assume a position of denial for export license applications when the end user is in China or Russia. Furthermore, BIS would need to notify Congress before granting such a license, and Congress would have the power to block the granting of these licenses. 

Senators Rubio and Wicker have expressed concerns about the existing BIS process, which they believe is too lax and poses a risk to national security. They argue that this legislation will prevent sensitive American technology from falling into the hands of adversaries who have a track record of intellectual property theft and other untrustworthy behaviors.