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This is a broad-ranging study of U.S. strategic export control policy. In particular, this book analyzes and evaluates the effectiveness of export controls in delaying the acquisition of militarily sensitive high technology by the Soviet Union and its allied states. Furthermore, the question of whether or not U.S. economic competitiveness in various high-technology sectors has been unduly undermined by export controls is also evaluated. Numerous official government studies and reports, supplemented by a host of interviews with government officials, businesspeople, and analysts in the United States and Europe are utilized in drawing conclusions and posting policy recommendations. The consequences for export control policy of the revolutionary political upheavals in Eastern Europe and the former U.S.S.R. are also addressed. The study concludes that the strategic/security goal of utilizing controls to hinder and delay the acquisition of militarily significant high technology by the former Soviet Union and its allied states was generally effective. More controversially McDaniel argues that export controls per se have not been a significant determinant of lagging U.S. competitiveness in high technology. However, this conclusion is qualified by the observation that while overall trends in U.S. high-technology exports to important trading partners do not suggest that controls by themselves have unduly hurt U.S. exporters, individual sectors and small firms may be disadvantaged. Finally, the study cautions that U.S. policy must adapt or risk becoming outmoded and increasingly ineffective. This book will be of interest to scholars and students of international relations, international political economy, and international business.
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 Additionally, the privilege ofexporting can be withdrawn from firms or individuals who have violated theregulations, either for specified periods or indefinitely.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.
Essential features of the recommendations are to (1) replace licensing of low-risk individual transactions with programmatic approvals; (2) establish timelines for decisions on those items that still require licenses; (3) streamline the munitions list through annual reviews; and (4) harmonize national and multilateral lists to eliminate jurisdictional disputes.
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 industrialized countries. Among the topics covered are the problems the United States and the Western export regime will face in the 1990s in light of changing international political alliances and dependencies, in defining strategic exports, in enforcing export controls, and the role of the Coordinating Committee for Multilateral Export Controls. Contributors. Sumner Benson, Beverly Crawford, Richard t. Cupitt, Dorinda G. Dallmeyer, Paul Freedenberg, Martin J. Hillenbrand, Hanns-Dieter Jacobsen, Bruce W. Jentleson, Kevin J. Lasher, William J. Long, Janne Haaland Matlary, Jere W. Morehead, Henry R. Nau, Han S. Park, Kevin F. F. Quigley, Alen B. Sherr, Christine Westbrook