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The U.S. Gov't. controls the export of defense-related items to minimize the security risk such exports may pose. The U.S. export control system is primarily divided between two regulatory regimes, one managed by the State Dept. for defense items & another managed by the Commerce Dept. for dual-use items that have both mil. & commercial applications. Determining which dep't. has jurisdiction over an item & how that item is controlled is fundamental to the U.S. export control system. This report assesses how gov't. departments assist co's. in determining the proper controls for defense-related items, specifically: (1) how Commerce implements the commodity classification process; & (2) how State implements the commodity jurisdiction process.
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 Additionally, the privilege ofexporting can be withdrawn from firms or individuals who have violated theregulations, either for specified periods or indefinitely.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.

Export Control Process

United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on International Trade and Finance

Published: 2000

Total Pages: 102


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The U.S defense industry and some foreign government purchasers have expressed concern that the U.S. export control process is unnecessarily burdensome. Specifically, defense industry officials have stated that extended reviews of export license applications by the State Department are resulting in lost sales and are adversely affecting the nation's defense industry. In the United States, the State Department's Office of Defense Trade Controls is the office responsible for licensing the export and temporary import of defense articles and services. In June 2001, we reported to you that the State Department completed over 46,000 license application reviews in fiscal year 2000. While the U.S. export licensing process can be lengthy because of foreign policy and national security considerations, other factors may also have an impact on processing times. Therefore, you asked us to determine whether elements of the process create delays in license application reviews.

Export Controls

United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on International Finance and Monetary Policy

Published: 1987

Total Pages: 264


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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 controlling the transfer of weapons and related technologies overseas, the U.S. gov¿t. must limit the possibility of sensitive items falling into the wrong hands while allowing legitimate trade to occur. The export control system (ECS) is intended to balance multiple U.S. interests. The ECS is managed by the State Dept., which regulates arms exports, and the Commerce Dept., which regulates dual-use exports that have military and civilian applications. Arms exports require licenses, while dual-use exports do not require licenses. This testimony focuses on export licensing inefficiencies, poor interagency coordination, and limits in State¿s and Commerce's ability to provide a sound basis for changes to the system. Illustrations.