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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.
United States Export Controls provides the guidance exporters and those who work with them need to meet the legal requirements and the day-to-day operational demands of export control regulations.
This report identifies and assesses the role that national law enforcement actors and public prosecutors in the EU member states play in helping prevent the proliferation of weapons of mass destruction (WMD) by stopping the illicit trade in dual-use items. In the 1980s and 1990s, some EU member states discovered cases of illegal trade in sensitive items for use in, for example, the Pakistani nuclear weapon programme. The report discusses how these cases were dealt with in these countries, using a case study model. Acknowledging that dual-use goods are subject to the free movement of goods within the EU, the report emphasizes the importance of coordinating customs and licensing standards among the EU member states to prevent abuse of the EU market for 'licence shopping'. It also presents the argument for the coordination of prosecution and penalties for offenders. In order to show the level of coordination that is required, the report provides an overview of both the international, EU and national legal frameworks for control of the export of dual-use goods.
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, Isr...
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.
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 int...
Difficulty with striking an appropriate balance between national security and export competitiveness has made the subject of export controls controversial for decades. Through the Arms Export Control Act (AECA), the International Emergency Economic Powers Act (IEEPA), the Export Controls Act of 2018 (ECA), and other authorities, the United States restricts the export of defense articles; dual-use goods and technology; certain nuclear materials and technology; and items that would assist in the proliferation of nuclear, chemical, and biological weapons or the missile technology used to deliver them. U.S. export controls are also used to restrict exports to certain countries on which the United States imposes economic sanctions.
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, t...
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 industrialize...