Cyber Weapons and Export Control: Incorporating Dual Use with the PrEP Model

2014 ◽  
Author(s):  
Trey Herr ◽  
Paul Rosenzweig
Keyword(s):  
Export Control ◽  
Dual Use

scholarly journals A European Dilemma: The EU Export Control Regime on Dual-Use Goods and Technologies

2016 ◽  
Vol 7 (3) ◽  
pp. 161-172 ◽  
Author(s):  
Hamed Alavi ◽  
Tatsiana Khamichonak
Keyword(s):  
Technological Development ◽  
Export Control ◽  
Dual Use ◽  
Control Groups ◽  
Policy Attitudes ◽  
Council Regulation ◽  
Technology Control ◽  
Economic Ties ◽  
Control Regime ◽  
The Eu

Abstract Export controls for dual-use items are an important constituent element of both the security policies of state exporters and WMD non-proliferation efforts. Dual-use goods and technologies can be used for both civil and military purposes, which requires careful oversight over their export to countries that are considered unfriendly or have ambiguous foreign policy attitudes. By their very nature, dual-use items may be used both to further legitimate ends, like promoting technological development and strengthening economic ties, and to aid in unwarranted acts. State exporters are faced with the responsibility of balancing the security objectives pertaining to exports of dual-use items with the competitiveness of local economies. The paper discusses the EU export control regime and EU membership in international export control groups. In doing so, comparative and normative research methods are chosen to analyze existing literature on Council Regulation 428/2009 and other international export control groups, including the Wassenaar Arrangement, the Missile Technology Control Regime (MTCR), the Australia Group (AG) and the Nuclear Suppliers Group (NSG). The paper will conclude by identifying shortcomings and addressing possible amendments to the regulation.

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.

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