H.R. 5955: BIS License Fee Prohibition Act

The bill known as the BIS License Fee Prohibition Act aims to prohibit the U.S. Federal Government from collecting any fees related to export licenses. This legislation stems from the understanding that charging such fees may conflict with constitutional provisions and existing federal laws concerning export controls, specifically the Export Control Reform Act of 2018.

Key Provisions of the Bill

• Prohibition of License Fees: After the bill becomes law, no fees or other monetary arrangements can be collected by the Federal Government that would affect a person's ability to receive or maintain an export license or authorization.
• Return of Collected Fees: Any fees collected in violation of this prohibition before or after the enactment of the bill must be returned to the holders of the licenses. The Secretary of Commerce is required to ensure that these refunds are processed within 30 days of the law taking effect.
• Clarification on Export Fees: The bill clarifies that it does not allow for the implementation of export fees on semiconductors and makes it clear that such fees would not comply with constitutional or legal standards.

Context for the Bill

The bill draws insights from constitutional provisions that explicitly state that no tax or duty should be imposed on articles exported from any state. It also refers to federal law from 2018 that specifies no fees may be charged in connection with export licenses or related applications. The bill arises largely from concerns about balancing national security and economic competitiveness, particularly relating to dual-use technologies in trade with countries like China.

Intended Impact

This legislation is intended to ensure that businesses and individuals engaging in exports do not face additional financial burdens in the form of licensing fees, which could hinder their operations and competitiveness in the global market. The requirement to return any previously collected fees aims to rectify financial obligations that might have been improperly imposed.

Relevant Companies

None found.