Exporting Telecommunications Regulation

Export control laws and regulations are the legal framework for countries around the globe to ensure world peace and stability and their importance in international trade is growing. The reasons behind this growth lie in the evolution of technology, the fact that increasing amounts of goods/services are subject to controls (such goods/services representing a very large segment of world trade), and the increasing threat linked to terrorism. Consequently, export control laws and regulations have become extremely important for those involved in the international trade of goods/services with a direct or even indirect military use. Export control laws and regulations are complex, difficult to understand, and constantly evolving. Infringements can lead to very serious sanctions (civil, administrative, or criminal), and, not to be minimized, the risk of serious damage to the corporate image of one or more parties to a questionable transaction. Yann Aubin and Arnault Idiart are involved in such issues on a day-to-day basis in their respective capacities as lawyer and export compliance officer within the European Aeronautics Defence and Space Company (EADS). They have gathered contributions from expert practitioners (EADS and Thales as well as Hogan and Hartson LLP) and university scholars (Paris 11 Law School/Institute of Space and Telecommunications Law (IDEST) faculty and advanced students) to make the Export Control Handbook as useful as possible. The Export Control Handbook provides a practical examination of the export/import control regimes of defense and dual use goods and services of a number of selected jurisdictions around the world (China; European Union; France; Germany; India; Italy; Japan; Russian Federation; Spain; United Kingdom; United States). The Handbook contains a very useful appendix including, among other things, compliance procedures and standard country-specific application (or related) forms. The aim of each country-specific chapter of the Handbook is to provide actionable information designed to guide foreign entities wishing to undertake production in the jurisdiction (e.g., through a local subcontractor or a local subsidiary (which could be a joint venture) in order to subsequently export that product anywhere in the world. The Export Control Handbook is invaluable to any international trade professional (lawyer, compliance officer, etc.) or entity with a need to know the specific requirements to be followed in the jurisdiction in question for the efficient and legally compliant import or export of controlled military or dual-use goods or services.

Irwin asserts that the federal government, in the name of preserving national security, has imposed such additional regulation on American businesses that their competitive position in global markets has been severely compromised. In his well-written, cogently argued account of the impact of national security regulations on competitive freedom, Irwin demonstrates that federal government agencies--the Departments of State, Commerce, and Defense; the National Technical Information Services; the Federal Communications Commission; and others--all attempt to micromanage the firm's decision to sell, buy, invest, innovate, and compete internationally. In addition, Irwin shows, jurisdictional disputes among the various federal agencies for control over corporate economic activities further exacerbate the problem by hampering the corporation's ability to react quickly to market conditions. As his analysis clearly illustrates, the end result is a price/cost squeeze on U.S. firms that handicaps their ability to compete with overseas rivals. Some of the results of increased government oversight Irwin identifies directly threaten overall U.S. competitiveness abroad. U.S. corporations find that the compliance cost of regulation is privatized, thus lifting total costs. The combination of dampened revenues and inflated costs curtails the resources for future product development--a vital factor in maintaining market position. And, Irwin demonstrates, this federal policy which acts to reward offshore rivals at the expense of U.S. firms is grounded on political consensus: the political right favors export control while the political left supports import control. The effect of this dual policy emphasis, Irwin argues, is a national security policy that serves to punish the U.S. firm in an environment of increased global risk, competition, and rivalry. Students of international business and public policy, as well as government decision makers themselves, will find Irwin's study enlightening and provocative.

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.

Here is practical advice for anyone who wants to build their business by selling overseas. The International Trade Administration covers key topics such as marketing, legal issues, customs, and more. With real-life examples and a full index, A Basic Guide to Exporting provides expert advice and practical solutions to meet all of your exporting needs.