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Limitations on Presidential Authority to Control Export of Certain Hazardous Substances

Date of Issuance:

The regulatory scheme imposed by certain statutes regulating specific hazardous substances for purposes of health and safety does not preclude the President from imposing export controls on those substances for foreign policy purposes under the Export Administration Act (EAA).

Section 17(a) of the EAA does not supersede other laws imposing export controls, but expressly recognizes the effect of such other laws; controls under the EAA thus may exist side-by-side with controls imposed pursuant to other laws.

Insulating the vast range of products which are subject to domestic health and safety regulations from export controls would defeat the goals of the EAA relating to national security, foreign policy, and economic stability.

Updated July 9, 2014