Exports Controls

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.

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.

Weapons of mass destruction (WMD) are not necessarily acquired as entire systems. They are often assembled from parts and materials, many of which are dual-use?i.e., of both commercial and military utility. Often, suppliers of these components do not ask who their customers are or inquire about the intended application. This has for a long time been the Achilles? heel of well-intentioned nonproliferation conventions. The answer lies in more stringent export controls of weapons-related technologies. In this eye-opening collection of essays, sponsored by the Center for International Trade and Security at the University of Georgia (USA), a group of outstanding experts in the nonproliferation field report on the efforts of five leading supplier countries?the United States, France, Russia, China, and India?to implement export controls on weapons and sensitive technologies used for producing WMD. The book is both reassuring and alarming in its very precise survey and analysis of export control regimes. At most national levels, regulation is rapidly making firms more accountable, and more industries are routinely implementing internal compliance programs. However, these advances are in a neck-to-neck race with intangible methods of transferring information, corporations with no national allegiance, and competition among international suppliers. Based on in-depth research?each of the contributors spent considerable time conducting interviews with government officials and other policy experts, observing policy making and implementation, and gathering empirical data?this detailed and thought-provoking book will be of great value to all concerned with security objectives for the twenty-first century.

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.

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