Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

The Export Control Reform Act of 2018 (ECRA, Subtitle B Part I of Pub. L. 115-232, the John S. McCain National Defense Authorization Act for FY2019, signed 13 August 2018 by President Trump, codified at 50 U.S.C. §§ 4801–4852) provides permanent statutory authority for the Export Administration Regulations (EAR), replacing the long-lapsed Export Administration Act of 1979 and resolving a decades-long gap in which the EAR operated on emergency authority alone. ECRA is the foundational parent statute of the modern US dual-use export-control regime: it authorises the Commerce Control List, the Entity List, the Unverified List, the Military End-User (MEU) List, the Foreign Direct Product Rule (FDPR), the emerging-and-foundational technology control framework (§1758), and BIS enforcement and civil/criminal penalty authority — the entire regulatory toolkit under which every BIS-administered export-control action filed in the IPTM register derives its legal authority. ECRA also codified ongoing US participation in the multilateral export-control regimes (Wassenaar, NSG, MTCR, Australia Group) and created the interagency Technology Alert List process.

Russia Federal Law No. 127-FZ of 4 June 2018 "On measures (countermeasures) regarding the unfriendly actions of the United States of America and other foreign states" establishes the statutory authority under which the President and Government of the Russian Federation may impose counter-measures against states that engage in "unfriendly actions" toward Russia. The law enumerates permissible countermeasure categories — including import/export prohibitions, restrictions on foreign participation in Russian state procurement, suspension of international cooperation obligations, and prohibition of foreign-company services and transactions — and delegates implementation authority to the President (primary) and Government. It entered into force on the day of official publication (4 June 2018) and is the foundational parent statute for every major Russian counter-sanctions presidential decree and government resolution subsequently issued, including the gas-for-roubles payment regime, capital controls, parallel- imports authorisation, and asset-confiscation counter-mechanism.