Addressing Dangerous Vulnerabilities in Exports and Research to Strategic Adversaries, Regimes, and Industrial Entities of Security Concern Act; ADVERSARIES Act
Summary
The ADVERSARIES Act amends the Export Control Reform Act of 2018 to modify definitions related to entities considered strategic adversaries. Specifically, it broadens the scope of entities included as strategic adversaries by including subsidiaries and affiliates of identified Chinese military companies and entities listed in certain Commerce Department regulations.
This aims to strengthen export controls by clarifying and expanding the definition of entities subject to restrictions. The bill seeks to prevent sensitive technologies and research from benefiting adversarial entities.
The Act is intended to enhance national security by limiting the access of potential adversaries to U.S. technology and expertise.
Expected Effects
The ADVERSARIES Act will likely result in stricter export controls and increased scrutiny of transactions involving entities with ties to strategic adversaries, particularly China. This could affect businesses and research institutions that engage in international collaborations or export goods and technologies.
It will also lead to increased compliance burdens for companies to ensure they are not dealing with entities now defined as strategic adversaries. The Act may also impact international relations and trade dynamics.
Potential Benefits
- Enhanced national security by preventing adversaries from acquiring sensitive technologies.
- Reduced risk of U.S. technology and research contributing to the military capabilities of potential adversaries.
- Clarified definitions for export control regulations, providing more certainty for businesses.
- Strengthened enforcement mechanisms to prevent export control violations.
- Potentially leveling the playing field for domestic companies by restricting unfair competition from adversarial entities.
Most Benefited Areas:
Potential Disadvantages
- Increased compliance costs for businesses involved in international trade and research.
- Potential for hindering legitimate international collaborations and scientific exchange.
- Risk of retaliatory measures from affected countries, impacting trade relationships.
- Possible delays and disruptions in supply chains due to increased scrutiny of transactions.
- May create a chilling effect on research and development activities involving certain foreign entities.
Constitutional Alignment
The ADVERSARIES Act aligns with the constitutional mandate to "provide for the common defence" (Preamble). Congress has broad authority to regulate commerce with foreign nations (Article I, Section 8, Clause 3) and to enact laws necessary and proper for carrying out its enumerated powers (Article I, Section 8, Clause 18).
The Act does not appear to infringe upon individual liberties or rights protected by the Bill of Rights. However, due process considerations would require fair notice and opportunity to be heard for entities designated as strategic adversaries.
While the Act primarily concerns national security and foreign commerce, its implementation must adhere to constitutional principles of due process and equal protection.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).