Export Control
Export control regulations are laws and regulations that govern the export of sensitive items from one country to another. Examples of such items materially protected include chemical, biological, weapon and material technology, as well as other items of value, such as military equipment, software, and possibly intellectual technology. These regulations are developed jointly by federal agencies and implemented by the Department of Commerce. The purpose of export control regulations is to protect national security and to prevent technology, which could be used in a destructive manner against the nation, from falling into the wrong hands.
The purpose of export controls is to restrict the flow of strategic technology, services and materials from the United States to other countries. Strategic technology items are those whose export may have a detrimental effect on U.S. national security, foreign policy or international economic objectives. The items are regulated through a combination of legal and administrative requirements, such as export licenses, certificate of origin and declaration requirements.
The rationale for export control is to restrict the spread of technology that can potentially be used for nuclear weapons and other weapons of mass destruction. The export of certain items can also harm U.S. trade interests, especially regarding highly valued U.S. products, such as microprocessors, aerospace technology and telecommunications. It is also argued that the export of certain items can influence the economies of other countries. Export control can affect trade agreements and economic agreements between countries.
There are two types of export control regulations, namely export licensing and voluntary compliance programs. Export licensing requires that exporters obtain written authorization from the U.S. government before exporting any item covered by the regulations. The licensing process involves providing detailed information about the item to be exported, the customer and end user of the item, and the foreign country in which it is to be used. Licenses are specific to particular transactions, and can take up to sixty days to process.
Voluntary compliance programs are designed to promote self-regulation and encourage compliance with the export control regulations. This type of program is often limited in scope and designed to provide guidance to companies that are exporting sensitive items and technologies. The voluntary compliance program may provide technical guidance, help in obtaining an export license, and provide an opportunity for companies to report possible violations of the regulations.
The export control regulations have been largely effective, though there is still room for improvement. The laws and regulations, however, have been successful in preventing the proliferation of technology that could potentially be used for weapons of mass destruction, and are vital in protecting the nation’s security and economic interests. In particular, the export control regulations have helped the United States to strengthen its ability to impose economic sanctions against countries that fail to abide by international non-proliferation standards. In addition, the regulations have created an efficient system of export compliance for companies that are exporting sensitive technologies.
