S. 3200 — License Monopoly Prevention Act of 2025

This section states congressional findings on the Bureau of Industry and Security's (BIS) Entity List—i.e., foreign persons subject to specific export license requirements under the Export Administration Regulations, including recent growth in listings to private consumer companies and problematic issuance of monopoly licenses that distort markets and undermine BIS credibility. It expresses the sense of Congress that the Department of Commerce require BIS to coordinate with the International Trade Administration to conduct competitive market reviews for license requests that could grant a single applicant exclusive rights to export, reexport, or transfer items to similarly situated end users on the Entity List.

This section requires the Under Secretary of Commerce for Industry and Security, when reviewing license applications for the export, reexport, or in-country transfer of emerging and foundational technologies (i.e., technologies essential to U.S. national security but not defined as critical technologies under 50 U.S.C. 4565(a)(6)(A)(i)-(v)), to conduct a competitive market review, in consultation with the Under Secretary of Commerce for International Trade, to determine whether the requested license would be the sole such license for the specified end user or end use. The Under Secretary may issue the license only after certifying to the Senate Committee on Banking, Housing, and Urban Affairs and the House Committee on Foreign Affairs that (1) no other applications for the same end user or end use have been received or (2) multiple applications involve technologies or functions that are sufficiently different to be treated as separate technologies. This section further requires the Under Secretary to approve subsequent license applications for the same technology as an initial sole license, absent a unique new risk or concern. (Thus, the provision aims to prevent exclusive export licenses for these national security technologies while facilitating follow-on approvals.)