Florida Sen. Rick Scott
Senators Rick Scott (R-FL) and Elizabeth Warren (D-MA) today introduced bipartisan legislation, the License Monopoly Prevention Act, to boost transparency and competition in the export of sensitive technologies.
The bill seeks to end the inadvertent issuance of “monopoly” export licenses that have granted exclusive selling rights to a single company for products destined for entities on the Commerce Department’s Entity List.
The senators highlighted that the current system, managed by the Bureau of Industry and Security (BIS), is designed to control who can export specific goods, particularly those with military or dual-use applications. However, in past years, unintended “monopoly” licenses have been granted, effectively allowing one company an exclusive right to sell a specific product to an entity on the Entity List—often without considering the market-distorting effects.
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The Entity List includes foreign parties, such as certain entities in Communist China, that are subject to specific licensing requirements for the export, re-export, or transfer of certain items to them.
The License Monopoly Prevention Act would require the BIS to conduct a competitive market analysis on license applications to export, reexport, or transfer sensitive, key technologies to any entity on Commerce’s Entity List. This analysis is intended to ensure licensing decisions do not grant unfair market advantages or create monopolies.
“Export controls should protect American manufacturing and national security, not allow the government to choose winners and losers in the market place and funnel billions to a few big companies,” Scott stated. “Our bipartisan bill… adds transparency to the export licensing process and calls for a competitive market analysis, so our government can make decisions that protect our national security without crippling companies and our markets.”
“Far too often, the Commerce Department issues export control licenses that give a small number of big businesses an unfair advantage over their competitors,” said Warren. “This bill would help ensure that export control licensing is even-handed and protects our national security instead of distorting our markets and creating monopolies that hurt consumers.”
The bill now heads to the Senate for consideration, with supporters arguing it will strengthen export controls, promote fair competition, and safeguard American technology and interests.
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