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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, Israel, and Sweden) and a new separate chapter on sanctions and embargoes. In addition to chapters on the international regime in general, the book provides a practical overview of the export/import control regimes covering defence and dual-use goods and services in fourteen key jurisdictions. Country reports each follow the same structure for easy comparison. Issues and topics covered include the following and much more: • import/export legal and regulatory requirements for controlled goods and services; • sanctions for breach of such requirements (civil, administrative, or criminal); • licence application processes; • arms, dual-use and other products embargo (including chemical and biological materials and technology); and • enforcement measures. The Handbook also makes available, through an online application, all important standard export control–related forms, templates, and other related documents, all of which readers can use to draft their own documents. The Handbook is invaluable to any professional (such as lawyers, compliance key players, procurement, logistics, finance and customs practitioners) working in relation to an organisation with a need to know the specific requirements to be followed for the efficient - and legally compliant - import or export of controlled military or dual-use goods, technologies or services.
This volume comprises the wide research undertaken by the International Law Association's Committee on Extraterritorial Jurisdiction, revised and updated for publication. It provides an overview of the export control laws and practice in several countries (Argentina, USA, France, Netherlands, Germany, UK, Italy, Austria and Canada), and the exporting state and state of prohibited destination. Throughout, the problem of extraterritorial jurisdiction is examined from both the international law and conflicts of law viewpoint.
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.
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.
A critical review of recent U.S. trade policies that have failed to enforce sufficient reciprocity and overall trade balance, with suggestions for policies that foster a more balanced and realistic pattern of world trade growth.
Intro -- Foreword -- Contents -- Editors and Contributors -- 1 Introduction -- 1.1 Introduction -- 1.2 The Compliance and Integrity in International Military Trade (CIIMT) Master Programme -- 1.2.1 Focus of the MSc Programme on CIIMT -- 1.2.2 Learning Styles and Structure of the MSc Programme on CIIMT -- 1.3 Outline of NL ARMS 2021 -- References -- 2 Economics of Arms Trade: What Do We Know? -- 2.1 Introduction -- 2.2 Research Methodology -- 2.2.1 Scope -- 2.2.2 Selection -- 2.2.3 Research Synthesis -- 2.3 Weapons of Mass Destruction -- 2.3.1 Spreading Temptation: Proliferation and Peaceful Nuclear Cooperation Agreements -- 2.3.2 Almost Nuclear: Introducing the Nuclear Latency Dataset -- 2.3.3 Research on Weapons of Mass Destruction: What Do We Know? -- 2.4 Major Weapon Systems -- 2.4.1 The Gravity of Arms -- 2.4.2 Arming the Embargoed -- 2.4.3 Arms Production, National Defence Spending and Arms Trade -- 2.4.4 Trading Arms and the Demand for Military Expenditure -- 2.4.5 Arm Your Friends and Save on Defence? -- 2.4.6 Network Interdependencies and the Evolution of the International Arms Trade -- 2.4.7 Research into Major Weapon Systems: What Do We Know? -- 2.5 Small Arms and Light Weapons -- 2.5.1 Weaponomics, the Economics of Small Arms -- 2.5.2 Research into Small Arms and Light Weapons: What Do We Know? -- 2.6 Dual-Use Goods -- 2.6.1 Exporting Weapons of Mass Destruction? -- 2.6.2 Taking a Walk on the Supply Side: The Determinants of Civil Nuclear Cooperation -- 2.6.3 Research into Dual-Use Goods: What Do We Know? -- 2.7 Analysis -- 2.8 Conclusion: An Agenda for Research -- References -- 3 Export Control Regimes-Present-Day Challenges and Opportunities -- 3.1 Introduction -- 3.2 Export Control Regimes -- 3.2.1 The Coordinating Committee for the Multilateral Export Controls -- 3.2.2 Regimes and Treaties -- 3.2.3 Characteristics Regimes.
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, the two areas of law have to be combined. At the same time, this topic is not only academic and theoretical but touches upon very real and practical aspects of trade, export, and foreign investment. When we tighten embargos and economic sanctions for anti-terrorism or anti-nuclearization purposes, we encounter more and more cases of conflict between security and the liberalization of economic relations in the world. For this reason, a wide range of collaborative work is needed in this area. This timely book addresses various aspects of the current export control debate.
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
Delving into export restrictive measures this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export bias; how public international law helps to justify their adoption or maintenance; and how investment and competition laws contribute to their regulation. Built on works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention; and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the invocation of the national security justification.