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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.
Export Controls: State and Commerce Have Not Taken Basic Steps to Better Ensure U.S. Interests Are Protected
Export controls definitively impact international cooperation in outer space. Civil and commercial space actors that engage in international endeavors must comply with space technology export controls. In the general discourse, members of the civil and commercial space community have an understanding of their domestic export control regime. However, a careful reading of the literature on space technology export controls reveals that certain questions relevant to international engagements have not been identified or answered. What is the legal-political origin of space technology export controls? How do they relate to the current international legal structure? What steps can be taken to evolve our current unilateral paradigm of space technology within the context of peaceful exploration and use of outer space? In this book, these and other relevant questions on space technology export controls are identified and assessed through an insightful case-study of the U.S. commercial communication export control regime. The findings of this case-study are used in an international legal-political analysis of international space law, public international law, and international cooperation. Breaking new ground in international legal theory, a self-justified security dilemma that is manifest in international law is identified and explained as the origin for the current paradigm of space technology export controls.
The national security controls that regulate access to and export of science and technology are broken. As currently structured, many of these controls undermine our national and homeland security and stifle American engagement in the global economy, and in science and technology. These unintended consequences arise from policies that were crafted for an earlier era. In the name of maintaining superiority, the U.S. now runs the risk of becoming less secure, less competitive and less prosperous. Beyond "Fortress America" provides an account of the costs associated with building walls that hamper our access to global science and technology that dampen our economic potential. The book also makes recommendations to reform the export control process, ensure scientific and technological competitiveness, and improve the non-immigrant visa system that regulates entry into the United States of foreign science and engineering students, scholars, and professionals. Beyond "Fortress America" contains vital information and action items for the President and policy makers that will affect the United States' ability to compete globally. Interested parties-including military personnel, engineers, scientists, professionals, industrialists, and scholars-will find this book a valuable tool for stemming a serious decline affecting broad areas of the nation's security and economy.