The President’s Authority to Control the Export of Hazardous Substances

Headnotes: 

The Export Administration Act of 1979 continued the President’s authority under its predecessor statute to control exports of hazardous substances for foreign policy purposes.

The statutory criteria for a decision to impose export controls set forth in § 6(e) of the 1979 Act are not binding on the President, although he must specify his conclusions with respect to these criteria in a report to Congress.

Certain statutes imposing conditions on the export of specific hazardous substances may foreclose or limit presidential discretion to take some actions under the 1979 Act.

Updated July 9, 2014