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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.
The U.S. national security export controls systemâ€"which was instituted to impede Soviet acquisition of high technology from the Westâ€"is both necessary and appropriate. Balancing the National Interest provides a thorough analysis of this controls system, examining the current system of laws, regulations, international agreements, and organizations that control the international transfer of technology through industrial channels. Foreign Affairs calls it "the best on the subject to have been published in the 40 years that the United States has exercised controls on exports that might add to Soviet power."
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 Additionally, the privilege ofexporting can be withdrawn from firms or individuals who have violated theregulations, either for specified periods or indefinitely.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.
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.
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.
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.
The deterioration of detente in the wake of the ongoing Soviet arms build-up has sharply focused the East-West trade debate on the question of advanced technology transfer from the United States and its allies to the Soviet bloc. The transfer and acquisition of high technology have become central ingredients in super-power relations and are key elements of any national security policy. President Reagan, among others, has questioned the wisdom of the policies of the 1960s and early 1970s, when trade with the Soviet Union and Eastern Europe expanded rapidly. At recent industrial nation summits, conferees of Western countries agreed to high-level review of their East-West technology trade policies. But in light of the apparent West European commitment to continue and expand trade with the East, as exemplified by the Siberian gas pipeline project, and the growing U.S. opposition to such technology transfer, divisions between U.S. and Western trade policies toward the East are likely to become increasingly acute in the years ahead. Professors Bertsch and McIntyre have selected comprehensive and representative articles to examine the question of technology transfer from a variety of perspectives--political, economic, and military- emphasizing both the U.S. and the Western allies' points of view and offering insights into the complex issues raised by the strategic dimensions of East-West trade.
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.
In light of the intertwining logics of military competition and economic interdependence at play in US-China relations, Trading with the Enemy examines how the United States has balanced its potentially conflicting national security and economic interests in its relationship with the People's Republic of China (PRC). To do so, Hugo Meijer investigates a strategically sensitive yet under-explored facet of US-China relations: the making of American export control policy on military-related technology transfers to China since 1979. Trading with the Enemy is the first monograph on this dimension of the US-China relationship in the post-Cold War. Based on 199 interviews, declassified documents, and diplomatic cables leaked by Wikileaks, two major findings emerge from this book. First, the US is no longer able to apply a strategy of military/technology containment of China in the same way it did with the Soviet Union during the Cold War. This is because of the erosion of its capacity to restrict the transfer of military-related technology to the PRC. Secondly, a growing number of actors in Washington have reassessed the nexus between national security and economic interests at stake in the US-China relationship - by moving beyond the Cold War trade-off between the two - in order to maintain American military preeminence vis-à-vis its strategic rivals. By focusing on how states manage the heterogeneous and potentially competing security and economic interests at stake in a bilateral relationship, this book seeks to shed light on the evolving character of interstate rivalry in a globalized economy, where rivals in the military realm are also economically interdependent.