The Regulation Of Arms And Dual Use Exports

This study analyses the reasons for and the broad implications of the post-cold war reforms of arms and dual-use export controls within the European Union. It conceptualizes the arms export policy process as a policy system, involving the interaction of three basic elements-the policy environment, policy stakeholders and public policies. Three national case studies (the UK, Germany and Sweden) explore the major problems and paradoxes of practical regulatory activity. The differences in their approaches, including variations in the export control criteria, controlled goods, decision-making bodies, licensing decisions and enforcement procedures, are rooted in each state's unique historical normative framework. Evidence is also presented of policy convergence within the EU as a whole. While COCOM was the main instrument of convergence during the cold war, the most significant instrument of convergence in the 1990s was EU integration. The main conclusions are that the process of European integration in the 1990s led to a significant but incomplete convergence of the three states' arms and dual-use export controls; convergence has gone further for dual-use technologies than for military goods; convergence accelerated during the late 1990s as a result of the introduction of the EU Code of Conduct on Arms Exports and common measures to combat illicit trafficking in small arms; convergence is more advanced for policy-making structures than for policy-execution structures; andfurther convergence can be expected in the next decade.

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.

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.

The U.S. gov¿t. annually controls billions of dollars worth of U.S. arms and dual-use items exported to its allies and partners through a system of laws, reg¿s., and processes. Weaknesses in this system led the auditor to include export controls as part of a high-risk area and called for a reexamination, including evaluating alternative approaches. Increasing international collaboration on defense programs also makes it important to understand how other countries control exports. Proposed treaties would change the process for the export or transfer of certain U.S. arms to the U.K. and Australia. This report: (1) identifies how selected allies' systems differ from the U.S. system; and (2) assesses how the proposed treaties will change controls on arms exports. Illus.

Focusing on conventional weapons, rather than nuclear, biological and chemical ones, this book draws attention to important differences, within the EU, between the trade in finished weapons and the technology used to make them. It examines West European efforts since 1945 to manage both sides of conventional defence-related trade, and the political, industrial, technological and conceptual obstacles to effective mulitlateral co-ordination and regulation. The book argues that, in current European and international circumstances, recent EU initiatives have limited prospects and may prove to be counterproductive.>

"The U.S. government annually controls billions of dollars worth of U.S. arms and dual-use items exported to its allies and partners through a system of laws, regulations, and processes. Weaknesses in this system led GAO in 2007 to include export controls as part of a high-risk area and called for a reexamination, including evaluating alternative approaches. Increasing international collaboration on defense programs also makes it important to understand how other countries control exports. Proposed treaties would change the process for the export or transfer of certain U.S. arms to the United Kingdom and Australia.Based on a request to review allies' export control systems and the proposed treaties, this report (1) identifies how selected allies' systems differ from the U.S. system, and (2) assesses how the proposed treaties will change controls on arms exports.To conduct its work, GAO selected six countries-Australia, Canada, France, Germany, Japan, and the United Kingdom-based on factors such as whether they were major destinations for U.S. goods or significant arms exporters; conducted site visits in four countries; analyzed agency documentation on the foreign and U.S. systems and treaty related..."

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.