Implementation of the Foreign Availability Provisions of the Export Administration Act

GAO testified on the Department of Commerce's implementation of the foreign availability provisions of the Export Administration Act. GAO found that: (1) in 1985, Commerce issued final regulations on foreign availability procedures and criteria; (2) the 1985 amendments to the act have not reduced the number of products and related technologies subject to export controls, as intended; (3) Commerce is spending more time completing foreign availability assessments due to difficulties in reaching agreement with the Department of Defense (DOD) and in developing the information to assess foreign availability; and (4) few U.S. firms and technical advisory committees have requested foreign availability determinations. GAO noted that: (1) Congress should consider U.S. multilateral control commitments in the foreign availability process; (2) DOD could contribute to the reduction of export controls by implementing the foreign availability provisions; and (3) the administration introduced legislative proposals that could address some of the primary problems now associated with the foreign availability process.