U.S. Export Controls and Economic Sanctions

2021 ◽  
Author(s):  
Eric L. Hirschhorn ◽  
Brian J. Egan ◽  
Edward J. Krauland
Keyword(s):  
Economic Sanctions ◽  
The State ◽  
Export Control ◽  
Dual Use ◽  
Export Controls ◽  
Legal Rules ◽  
Low Level ◽  
Historical Treatise ◽  
Considerable Detail

U.S. Export Controls and Economic Sanctions is a must for those who deal with U.S. government export control and economic sanctions regulations. Written as a user’s manual rather than an academic or historical treatise, it covers in considerable detail—but in language that is intelligible to non-lawyers as well as lawyers—the Commerce Department’s controls on exports of commercial, “dual-use” (having both commercial and military utility), and low-level military items, the State Department’s controls on higher-level military items, the Treasury Department’s approximately thirty different economic sanctions programs, the Nuclear Regulatory Commission’s controls on nuclear-related commodities, and the Energy Department’s restrictions on assistance to foreign nuclear programs. Given the authors’ decades of experience with these regulations, the book not only explains the legal rules but also offers tips—not necessarily reflected in the regulations themselves—about how to interpret the regulations and deal with the regulators.

scholarly journals CIVIL LAW REGIME OF DUAL-USE GOODS FROM THE POSITION OF ENSURING THE BALANCE OF PRIVATE AND PUBLIC INTERESTS: COMPARATIVE LEGAL ASPECT

2020 ◽  
pp. 196-207
Author(s):  
Mikhail G. Shcherbakov ◽  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Export Control ◽  
Dual Use ◽  
Legal Regime ◽  
Public Interests ◽  
Legal Norms ◽  
The Status ◽  
Private And Public ◽  
Fair Balance

The article examines the dialectical relationship between the balance of private and public interests and the effectiveness of legal regulation of the dual-use goods. The concepts of dual-use goods and the legal regime of dual-use goods are examined and the conclusion is made that there is an interdependence between the categories «fair balance of private and public interests» and «the form and content of the dual-use goods regime». The structure of the legal regime system, consisting of interconnected subsystems that are in functional unity with each other, is analyzed. The dynamic property of the legal regime of dual-use goods to change the status of the goods and the status of the subject, depending on the state of the balance of private and public interests, is revealed. A special mechanism has been identified for regulating the system of the legal regime for dual-use goods, arising from the process of unification of legal norms, both at the international and national levels. The author proposed measures to improve the mechanism for regulating the legal regime of dual-use goods, based on the achievements of scientific and technological progress. Thus, increasing inter-industry relations through the unification of legal norms, as well as the use of modern technologies in the export control process, will ensure a fair balance between private and public interests. Meanwhile, state intervention in the property relations of individuals should be of an exceptional nature, providing for the existence of a mechanism for judicial protection of the weak side, for example, in the form of an institution for consumer protection. It is a focused approach based on the additional role of the state that will improve the effectiveness of the dual-use goods regime, as well as eliminate archaic methods of legal regulation of the turnover of dual-use goods based on the permissive type of regulation. In that way, the system measures that allow integrating advanced technologies into the mechanism of dual-use goods regime include: - introduction of a risk-based approach in the export control system; - transition to the notification procedure for export control; - transition to automatic identification of dual-use goods; - creation of a unified technological platform for controlling the turnover of dual-use goods; - creating a virtual image of dual-use goods with the function of saving the history of their use; - chipping of dual-use goods; - use of distribution registers in transactions with dual-use goods.

China’s Export Control Law enables trade retaliation

2020 ◽  
Keyword(s):  
National Security ◽  
Export Control ◽  
Control Law ◽  
Legal Basis ◽  
Dual Use ◽  
Export Controls ◽  
Content Type ◽  
Foreign Companies ◽  
Trade Retaliation ◽  
Comprehensive Framework

Significance It establishes a comprehensive framework for restricting export of military and dual-use products and technologies on national security grounds or for public policy reasons. It creates a legal basis for mandatory licensing or outright prohibition of the export of products, services or technologies based on their features, their end-users and end-uses, and geographical destinations. Impacts Export controls will help to maintain the international competitiveness of Chinese firms as their technological capabilities advance. Foreign companies may find themselves under investigation in China for acts they perform elsewhere. The law covers transportation, so shipping companies may need to reconsider their routing decisions.

Whose Politics? Whose Rights? Transparency, Capture and Dual-Use Export Controls

2021 ◽  
pp. 1-12
Author(s):  
Ben Wagner
Keyword(s):  
Human Rights ◽  
Export Control ◽  
International Governance ◽  
Dual Use ◽  
Governance Mechanisms ◽  
Export Controls ◽  
Critical Perspective ◽  
Policy Tool ◽  
Governance Challenges ◽  
Policy Solutions

Abstract What kinds of politics do export controls entail and whose rights do they enable? The following article will take a critical perspective on the governance challenges associated with export controls of dual-use technologies. After discussing challenges around transparency, the performance of human rights and export control havens, this article will then turn to looking at policy solutions, including audits, transparency and targeted international governance mechanisms. With conclusion, export controls continue to constitute an important policy tool to promote human rights and can be improved considerably to strengthen human rights further.

Commerce Department Controls on Exports of “Dual Use” and Lower-Level Military Goods, Software, and Technology

2021 ◽  
pp. 1-124
Author(s):  
Eric L. Hirschhorn ◽  
Brian J. Egan ◽  
Edward J. Krauland
Keyword(s):  
Export Control ◽  
Dual Use ◽  
Low Level ◽  
Commerce Department ◽  
Regulatory Regimes

Chapter 1 covers U.S. government controls on exports, reexports, and transfers of “U.S.-origin” goods, software, and technology that are commercial, “dual-use” (i.e., having both civilian and military uses), and low-level military in nature. These are governed principally by the Export Control Reform Act of 2018 and the Export Administration Regulations (EAR), which are administered by the Commerce Department’s Bureau of Industry and Security. The chapter explains: what kinds of items are subject to the EAR; the various bases for the EAR’s restrictions; how to determine whether your product or technology is covered and, if so, whether you will need a license to export or reexport it; how to get a license if one is required; how to clear and document the actual export; and the potential penalties for violating the rules. The chapter also explains how the EAR relate to the regulatory regimes covered in other parts of the book.

scholarly journals Research Guide to Export Control and WMD Nonproliferation Law

2007 ◽  
Vol 35 (3) ◽  
pp. 447-498 ◽  
Author(s):  
Wei Luo
Keyword(s):  
United States ◽  
World War Ii ◽  
Focal Point ◽  
The United States ◽  
Export Control ◽  
International Treaties ◽  
Dual Use ◽  
Export Controls ◽  
Conventional Weapons ◽  
Research Guide

After World War II, the non-proliferation of weapons of massive destruction (WMD) and the export controls of conventional weapons and civilian and military dual use technologies have been one of the most important focal point of international cooperation. Many international treaties have been signed and the international organizations have been established to promote these non-proliferation and export control efforts. The industrialized countries and the developing countries of China, India, and Pakistan that possess nuclear weapons and missile technologies have also enacted domestic laws and set up administrative regimes to control these goods and technologies from flowing to other countries or undesirable people. Among these countries, the United States has been the leader strongly advocating non-proliferation of WMD and export controls of civilian and military dual use goods. In fact, the United States has established a very sophisticated export control system to prevent its weapons and technologies from going to the hands of any adversaries. Because the complicities and overlaps of international treaties and domestic laws on this topic, it warrants a research guide for would-be researchers to walk through the maze of international and domestic export control regimes.

scholarly journals Trading Emerging Technologies: Export Controls Meet Reality

2021 ◽  
pp. 1-13
Author(s):  
Scott A. Jones
Keyword(s):  
Emerging Technologies ◽  
Technological Development ◽  
Development Economic ◽  
Export Control ◽  
Dual Use ◽  
Export Controls ◽  
Control Effort ◽  
Economic Competitiveness ◽  
The Us ◽  
Controls Systems

Abstract “Emerging technologies” and the growing inventory of their dual-use applications increasingly challenge policymakers with how to balance technological development, economic competitiveness, and national security priorities. While dual-use export control regulators have always struggled with balancing economic and security interests, emerging technologies are challenging controls systems ill-equipped to define or practically control them. As the most advanced case, the US export control effort is an instructive regarding the challenges of deploying conventional controls over defining and controlling rapidly developing technology sets. This article reviews the US case in light of the current challenges posed by emerging and foundational technologies.

Export Control Regimes and India's Space and Missile Programmes

2002 ◽  
Vol 58 (3-4) ◽  
pp. 205-242
Author(s):  
A. Baskaran
Keyword(s):  
Conceptual Framework ◽  
Export Control ◽  
Dual Use ◽  
Export Controls ◽  
Technology Control ◽  
Control Regime

Multilateral export control regimes such as the London Club and Missile Technology Control Regime (MTCR) aim to prevent the flow of complex dual-use technologies to certain ‘target’ countries. The underlying belief has been that these regimes would be able to delay or cripple strategic weapon programmes in ‘target’ countries. However, little attention has been paid to understand the factors that influence the effectiveness of these regimes. In recent years, the limitations of export controls have become increasingly clear. This paper introduces a conceptual framework and analyses the case of India'S space and missile programmes to trace the factors that determine the effectiveness of export control regimes and to understand why these regimes, particularly the MTCR are increasingly ineffective on certain ‘target’ countries.

scholarly journals Controlling the Export of Digital and Emerging Technologies

2021 ◽  
pp. 1-10
Author(s):  
Machiko Kanetake
Keyword(s):  
Human Rights ◽  
Emerging Technologies ◽  
Weapons Of Mass Destruction ◽  
Export Control ◽  
Mass Destruction ◽  
Dual Use ◽  
Export Controls ◽  
The Us ◽  
Protection Of Human Rights ◽  
Regulatory Challenges

Abstract Dual-use export control regulates the trade of items which serve both civilian and military purposes. Justification for imposing export controls has been furnished by the need for safeguarding regional and international security, especially the non-proliferation of weapons of mass destruction. The rationale for applying export controls has been subject to challenges, however. This Security and Human Rights special issue addresses the underlying justification for imposing export controls by focusing on their technological fronts. Scott A. Jones’ piece sheds light on the regulatory challenges that have arisen for the US’ control over so-called “emerging” technologies. Cindy Whang moves on to compare the US’ approach with that of the EU’s dual-use export control. Ben Wagner proposes a set of policy options for the design of export controls on digital technologies, so that they can serve as an effective vehicle for promoting the protection of human rights.

Russia - European Union: The continuation ofthe sanctions standoff

2017 ◽  
pp. 114-127
Author(s):  
M. Klinova ◽  
E. Sidorova
Keyword(s):  
European Union ◽  
Economic Recession ◽  
Economic Sanctions ◽  
Current Data ◽  
The State ◽  
The European Union ◽  
The Impact ◽  
The Eu ◽  
Year 2013

The article deals with economic sanctions and their impact on the state and prospects of the neighboring partner economies - the European Union (EU) and Russia. It provides comparisons of current data with that of the year 2013 (before sanctions) to demonstrate the impact of sanctions on both sides. Despite the fact that Russia remains the EU’s key partner, it came out of the first three partners of the EU. The current economic recession is caused by different reasons, not only by sanctions. Both the EU and Russia have internal problems, which the sanctions confrontation only exacerbates. The article emphasizes the need for a speedy restoration of cooperation.

ECONOMIC CONTRADICTIONS ARE RELATED TO THE USE AND TRANSFER OF DUAL-USE GOODS AND TECHNOLOGIES

2018 ◽  
Author(s):  
Oleksandr Boguslavskyy ◽  
Keyword(s):  
New Technologies ◽  
Weapons Of Mass Destruction ◽  
Mass Destruction ◽  
Dual Use ◽  
Export Controls ◽  
National Interests ◽  
Modern Economy ◽  
Political Interests ◽  
The Creation ◽  
Means Of Production

The article is devoted to the study of economic contradictions related to the use and transfer of dual-use goods and technologies. The article highlights different approaches to defining the categories «technology» and «dual-use technology». Types of dual-use technologies are outlined. The main economic contradictions related to the use and transfer of dual- use goods and technologies are identified: 1) contradictions related to the creation of new technologies that can be both useful in the civilian and military spheres; 2) contradictions related to the manufacture and use of dual-use goods; 3) Contradictions are related to the creation of new means of production that can be used both for the production of civilian goods and for CBRN; 4) contradictions in the use of technological processes for the civilian and military spheres; 5) contradictions related to the development of transport and improvement of methods of delivery of CBRN; 6) contradictions between the interests of economic development of different countries on the basis of the introduction of new technologies and non-proliferation of CBRN; 7) interstate political and economic contradictions regarding the CBRN; 8) contradictions between groups of countries and individual countries regarding the non-proliferation of CBRN; 9) contradictions related to environmental pollution in the process of manufacturing and testing of CBRN; 10) contradictions in the realization of economic and political interests between countries that have modern weapons of mass destruction and countries that do not possess these weapons; 11) contradictions regarding the protection of their national interests etc. The peculiarities of the transfer of dual-use goods and technologies in the modern economy are shown and it is determined that it acquires a network character. The need to apply export controls to the transfer of dual-use goods and technologies is emphasized.

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