Export Controls

There should be no question in the mind of any exporter about the government'sintention to enforce applicable legislation and regulations. The penaltiesimposed by export laws and regulations are severe. Violations often lead toheavy fines and, in serious cases, to debarment from contracting with the U.S.Government, and possibly imprisonment. Additionally, the privilege ofexporting can be withdrawn from firms or individuals who have violated theregulations, either for specified periods or indefinitely. Ample resources aredevoted by the government to the detection and prosecution of violators. TheDepartments of Defense, Commerce, Homeland Security, Justice, and the severalintelligence agencies cooperate in this endeavor. Knowing and willfulviolations receive, of course, the heaviest sanctions, but unintentionalviolations are by no means exempt from penalties. Parties to an exporttransaction are expected to know and comply with the regulations.United States Export Controls, Sixth Edition provides areference to which exporters, and those who work closely with them, can referin their daily business operations in order to comply with the myriad exportrules and regulations. Thorough knowledge of the regulations is essential infinding practical solutions to export licensing problems related to specifictransactions, in formulating export marketing plans to minimize the impact ofcontrols, and in the organizing company resources to deal correctly andefficiently with both the legal requirements and the day-to-day operationaldemands of the export control regulations.

The importance of export control laws and regulations in international trade continues to grow, not only because of the increase in world trade and technology dispersion, but also due to concerns surrounding national and regional stability and the risk of terrorism. Accordingly, familiarity with export control laws and regulations around the world has become extremely important for those involved in the international trade of dual-use or military goods, technology, and services. In this preeminent handbook, now in its third edition, two experienced professionals have gathered contributions from expert practitioners and academics. The third edition adds three new country chapters (Brazil, Israel, and Sweden) and a new separate chapter on sanctions and embargoes. In addition to chapters on the international regime in general, the book provides a practical overview of the export/import control regimes covering defence and dual-use goods and services in fourteen key jurisdictions. Country reports each follow the same structure for easy comparison. Issues and topics covered include the following and much more: • import/export legal and regulatory requirements for controlled goods and services; • sanctions for breach of such requirements (civil, administrative, or criminal); • licence application processes; • arms, dual-use and other products embargo (including chemical and biological materials and technology); and • enforcement measures. The Handbook also makes available, through an online application, all important standard export control–related forms, templates, and other related documents, all of which readers can use to draft their own documents. The Handbook is invaluable to any professional (such as lawyers, compliance key players, procurement, logistics, finance and customs practitioners) working in relation to an organisation with a need to know the specific requirements to be followed for the efficient - and legally compliant - import or export of controlled military or dual-use goods, technologies or services.

International trade plays an enormous role in economic growth and prosperity. This activity can also be used to transfer military equipment, knowledge, and technology to hostile governments and transnational terrorist and criminal organizations seeking to attack and destroy their enemies. The U.S. and other countries have used economic sanctions such as export controls to try to restrict and eliminate the transfer of weapons and financial assets to these governments and organizations. This work examines how the U.S. has attempted to restrict the export of national security sensitive equipment, finance, knowledge, and technology since World War II with varying degrees of success and failure. It also examines how multiple U.S. Government agencies, nongovernmental organizations, and international government organizations seek to influence U.S. international trade, foreign, and security policies while concluding that some export controls are essential for promoting and defending U.S. national security interests.

The first historical study of export control regulations as a tool for the sharing and withholding of knowledge. In this groundbreaking book, Mario Daniels and John Krige set out to show the enormous political relevance that export control regulations have had for American debates about national security, foreign policy, and trade policy since 1945. Indeed, they argue that from the 1940s to today the issue of how to control the transnational movement of information has been central to the thinking and actions of the guardians of the American national security state. The expansion of control over knowledge and know-how is apparent from the increasingly systematic inclusion of universities and research institutions into a system that in the 1950s and 1960s mainly targeted business activities. As this book vividly reveals, classification was not the only—and not even the most important—regulatory instrument that came into being in the postwar era.

Like many cold war artifacts, the West's export control policies and institutions are being reevaluated after the tumult in the communist world at the end of the 1980s. Policymakers and scholars are being forced to reexamine the premises of export control policy and the very concept of export controls as a tool of national security and foreign policy. This volume brings together expert scholars and government officials who provide contrasting perspectives and address the prospects for export controls. The contributors discuss the role and function of export control policies from a variety of perspectives--security, commerce, diplomacy, the European region, and that of the newly industrialized countries. Among the topics covered are the problems the United States and the Western export regime will face in the 1990s in light of changing international political alliances and dependencies, in defining strategic exports, in enforcing export controls, and the role of the Coordinating Committee for Multilateral Export Controls. Contributors. Sumner Benson, Beverly Crawford, Richard t. Cupitt, Dorinda G. Dallmeyer, Paul Freedenberg, Martin J. Hillenbrand, Hanns-Dieter Jacobsen, Bruce W. Jentleson, Kevin J. Lasher, William J. Long, Janne Haaland Matlary, Jere W. Morehead, Henry R. Nau, Han S. Park, Kevin F. F. Quigley, Alen B. Sherr, Christine Westbrook

This is the first book to focus on the theoretical and practical issues of export control. It combines the points of view of Japanese and French academics and practitioners, including personnel at several governmental institutions and private companies. Presenting the results of a collaboration between Japanese and French academics, it contributes to the development of a new debate on export control. Although export control has been discussed within the framework of international law in terms of peace and security, its scope has now been expanded to international economic law (i.e., WTO law and international investment law). This means that in order to discuss export control appropriately, the two areas of law have to be combined. At the same time, this topic is not only academic and theoretical but touches upon very real and practical aspects of trade, export, and foreign investment. When we tighten embargos and economic sanctions for anti-terrorism or anti-nuclearization purposes, we encounter more and more cases of conflict between security and the liberalization of economic relations in the world. For this reason, a wide range of collaborative work is needed in this area. This timely book addresses various aspects of the current export control debate.

This book examines the evolution of international nuclear non-proliferation trade controls over time. The book argues that the international nuclear export controls have developed in a sub-optimal way as a result of a non-proliferation collective action problem. This has resulted in competition among suppliers, owing to the absence of an overarching effective system of control. While efforts have been undertaken to address this collective action problem and strengthen controls over time, these measures have been inherently limited, it is argued here, because of the same structural factors and vested interests that led to the creation of the problem in the first place. This study examines international controls from the beginning of the nuclear age and early efforts to control the atom, up to more recent times and the challenge posed by Iranian and North Korean nuclear ambitions. Drawing on a rich body of original archival research and interviews, the book demonstrates that the collective action problem has restrained cooperation in preventing nuclear proliferation and that gaps persist in the international nuclear trade control regime. This book will be of much interest to students of nuclear proliferation and arms control, security studies, and International Relations.