The Export Administration Act

The book provides the statutory authority for export controls on sensitive dual-use goods and technologies, items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological and chemical weaponry. This new book examines the evolution, provisions, debate, controversy, prospects and reauthorisation of the EAA.

In debates on export administration legislation, parties often fall into two camps: those who primarily want to liberalise controls in order to promote exports, and those who are apprehensive that liberalisation may compromise national security goals. While it is widely agreed that exports of some goods and technologies can adversely affect US national security and foreign policy, many believe that current export controls are detrimental to US business, that the resultant loss of competitiveness, market share, and jobs can harm the US economy, and that the harm to particular US industries and to the economy itself can negatively impact US security. Controversies arise with regard to the cost to the US economy, the licensing system, foreign availability of controlled items, and unilateral controls as opposed to multilateral regimes. In the last few years, congressional attention has focused on high-performance computers, encryption, stealth technology, precision machine tools, satellites, and aerospace technology. Congress has several options in addressing export administration policy, ranging from approving no new legislation to rewriting the entire Export Administration Act. This book examines some of the controversies and debates raised by these opposing options.

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 Additionally, the privilege ofexporting can be withdrawn from firms or individuals who have violated theregulations, either for specified periods or indefinitely.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.