Export Control Enforcement and Enhancement Act

Proposals for Entity List additions can now be submitted by any member of the End-User Review Committee directly to the Committee, rather than only by the Secretaries of State, Defense, or Energy (or other agency heads) through the Secretary of Commerce. This removes the intermediary step and broadens who can initiate listings.

New explicit criteria for adding an entity: the End-User Review Committee must determine by majority vote that the entity has engaged, is engaged, or is at risk of engaging in activities contrary to U.S. national security or foreign policy interests.

The presumption of denial for exports to Entity List entities is now embedded in the addition process itself (Section 2(4)(B)) rather than being a separate standalone requirement in Section 3. The old Section 3 licensing requirements were removed entirely.

The exception to the presumption of denial changed substantially. Previously, the Secretary had to concur with ALL Committee members and the recipient had to demonstrate by clear and convincing evidence that items would not be diverted. Now, a majority vote of only the members who voted to add the entity can apply a different licensing policy for all or specific types of items.

The suspension period for additional information is now capped at 15 days (previously unlimited), and requires concurrence of the Committee member who submitted the proposal rather than the head of the submitting Federal agency.

New administrative provisions establish that each Committee member has exactly one vote, the chairperson cannot override voting decisions, and the chair can only suspend the 30-day voting period if all members unanimously agree to postpone.

Section 3 was restructured from a substantive section on licensing and presumption of denial requirements into a definitions-only section. The Commerce Control List definition was removed from Section 3 (it had been used in the old licensing requirements that no longer exist there).