On August 19, 2025, President Donald Trump signed the “Maintaining American Superiority by Improving Export Control Transparency Act” (H.R. 1316), amending the Export Control Reform Act of 2018 to enhance transparency from the agency responsible for administering the Export Administration Regulations (EAR). Specifically, the amendment requires the Department of Commerce’s Bureau of Industry and Security (BIS) to submit an annual report to certain congressional committees that relays key details related to export license applications and authorization requests for the export, reexport, release, and in-country transfer of items subject to the EAR to “covered entities”—that is, entities located in Country Group D:5 (i.e., countries subject to a U.S. arms embargo, which notably includes China and Russia) and those included on the BIS Entity List and the Military End-User List.

The report must include:

  • the name of the entity submitting the application and the application date;
  • a brief description of the item being exported, including its (estimated) value and, if applicable, Export Control Classification Number and reason for control;
  • the name and location of the end-user;
  • the decision rendered by BIS with respect to the license application or authorization request; and
  • the date, location, and result of any end-use checks conducted to ensure compliance with U.S. export controls.

The information in the report, however, is exempt from public disclosure except for purposes of publicizing aggregate statistics.

This Act signals the continued bipartisan prioritization of congressional oversight in the use and effectiveness of export controls, especially where emerging technologies are involved. The Act’s focus also serves as a warning to parties submitting a license application or authorization request to BIS that if the transaction involves a Covered Entity, then their exporting activities will face greater congressional scrutiny.

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Photo of Aaron C. Mandelbaum Aaron C. Mandelbaum

Aaron focuses his practice on advising clients on compliance with international economic sanctions, export controls, and U.S. import laws and regulations. He is also involved in assisting clients with complex cross-border transactions, anti-dumping and countervailing duty litigation, utilization of international and preferential trade…

Aaron focuses his practice on advising clients on compliance with international economic sanctions, export controls, and U.S. import laws and regulations. He is also involved in assisting clients with complex cross-border transactions, anti-dumping and countervailing duty litigation, utilization of international and preferential trade agreements, and customs classifications. Most recently, Aaron has counseled clients navigating requirements under the Export Administration Regulations.

Photo of Francesca M.S. Guerrero Francesca M.S. Guerrero

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some…

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some of their most challenging international transactions, involving dealings in high-risk jurisdictions or with high-risk counterparties. Francesca also counsels companies through all phases of internal investigations of potential trade and antibribery violations and represents companies across industries before related government agencies.

Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

**Not licensed to practice law.