The Arms Export Control Act

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.

The U.S. gov't. controls arms exports by U.S. companies to ensure that such exports are consistent with national security & foreign policy interests. There have been various efforts to change the arms export control system. Given the 9/11 terror attacks, the U.S. gov't. has had to reevaluate whether existing policies support national security & foreign policy goals. This report provides information on: (1) changes in the arms export control system since 9/11 & overall trends in arms export licensing, (2) extent of implementation of or revision to initiatives designed to streamline arms export licensing, & (3) extent of coordination on these initiatives between arms export enforcement agencies, as well as enforcement efforts. Illus.

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.

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.