To amend the Export Control Reform Act of 2018 to provide for a ten-year statute of limitations for export control violations.
- Bill Number
- H.R. 8202
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Foreign Trade and International Finance
- Status
- Introduced
- Latest Action
- 2026-04-22: Ordered to be Reported by the Yeas and Nays: 44 - 0.
- Last Updated
- 2026-05-01T18:38:13Z
AI-Generated Summary
Purpose
This bill (H.R. 8202) aims to establish a 10-year statute of limitations (a legal time limit for starting enforcement actions) for violations of export control laws, applying to both civil penalties and criminal prosecutions. It amends the Export Control Reform Act of 2018, which regulates the export of sensitive goods, technologies, and services to protect national security.
Key Provisions
- Civil enforcement: Lawsuits or proceedings for fines, penalties, or forfeitures must begin within 10 years of the violation. This includes issuing a "charging letter" (an official notice starting the enforcement process).
- Criminal enforcement: Indictments or informations (formal charges) for offenses must be filed within 10 years of the latest violation date.
- The changes are added as new subsection (g) to Section 1760 of the Act (50 U.S.C. 4819).
Significant Changes to Existing Law
- Introduces a fixed 10-year limit for both civil and criminal export control violations, where prior law may have had shorter limits (e.g., 5 years in some cases) or none specified for certain actions.
- Standardizes the "commencement" date for civil actions to include charging letters, providing clarity on when the clock starts.
Potential Impacts
- Government agencies: Limits the Department of Commerce's Bureau of Industry and Security (BIS) and Department of Justice (DOJ) from pursuing violations after 10 years, potentially reducing long-term enforcement costs but requiring faster investigations.
- Citizens and businesses: Offers predictability for exporters and companies handling controlled items (e.g., technology, military goods), as they can close books on potential liability after a decade.
- International relations: May affect enforcement against foreign entities or sanctions evasion, but promotes U.S. business competitiveness by aligning with common international statutes of limitations.
Main Stakeholders Affected
- U.S. exporters and businesses: Gain protection from indefinite liability.
- Enforcement agencies (BIS, DOJ, State Department): Face stricter timelines for action.
- Foreign entities and adversaries: Potentially harder to prosecute for older violations.
- National security interests: Balanced by encouraging timely enforcement.
Notable Legal, Constitutional, or Political Implications
- Legal: Aligns export controls with standard statutes of limitations in other federal laws, reducing risks of "stale" evidence and due process challenges.
- Constitutional: Supports Fifth Amendment protections by preventing indefinite prosecution threats.
- Political: Introduced by bipartisan sponsors (Reps. Mackenzie and Castro), signals intent to modernize export rules for business while maintaining security; referred to House Foreign Affairs Committee for review.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (3)
Rep. Castro, Joaquin [D-TX-20], Rep. Lawler, Michael [R-NY-17], Rep. Sherman, Brad [D-CA-32]
Recent Actions
- 2026-04-22: Ordered to be Reported by the Yeas and Nays: 44 - 0.
- 2026-04-22: Committee Consideration and Mark-up Session Held
- 2026-04-06: Referred to the House Committee on Foreign Affairs.
- 2026-04-06: Introduced in House
- 2026-04-06: Introduced in House
Bill Versions
- To amend the Export Control Reform Act of 2018 to provide for a ten-year statute of limitations for export control violations. — issued 2026-04-06 — PDF (2 pages)