Finding Common Ground U.S. Export Controls in a Changed Global Environment, Commissioned Papers (1991) / Chapter Skim
Currently Skimming:
National Security and Foreign Policy Export Controls
National Security and Foreign Policy Export Controls
Pages 131-172
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 133... ...
These two types of export controls -"national security" controls and "foreign policy" controls -- are treated in law, regulation and discourse as quite distinct. National security Controls are authorized to prevent the export of products or technology that could significantly contribute to the military potential of other countries which would be adverse to US security.
|
From page 134... ...
History - Post World War II National security controls in the post World War II period responded to concerns about the military threat that the Soviet Union and Eastern Europe posed. The US placed controls on goods that could potentially aid the Soviet Union -- either directly or indirectly -- in its military quests around the world.
|
From page 135... ...
The Export Administration Amendments of 1977 directed US policy on national security controls to be developed not only with respect to whether a country is communist or noncommunist, but also in its present and potential relationship with the US and its ability and willingness to control the reexport of US exports. However, no noncommunist country has ever been designated as a controlled country for security export control purposes.
|
From page 136... ...
b. Export Administration Act Exports with national security implications are currently regulated by the Export Administration Act of 1979, (EAA)
|
From page 137... ...
to restrict the export of goods and -technology which would make a significant contribution to the military potential of any other country or combination of countries which would prove detrimental to the national security of the United States;..' 5 National security controls are defined by identification of threatening countries and of products which could aid these countries. The President is required under Section 5(b)
|
From page 138... ...
The regulations implementing national security controls are found in the Export Administration Regulations (EAR) published annually by the Department of Commerce.
|
From page 139... ...
History The United States has historically regarded denial of trade with communist countries through export controls as a fundamental tool of its Cold War policy. Foreign policy controls originated in the Export Control Act of 1949.
|
From page 140... ...
Sections 3 and 6 of the Export Administration Act of 1979, as amended, is the authority for todays foreign policy controls. The Act allows controls, under Section 3, "...
|
From page 141... ...
Unlike national security controls, multilateral cooperation is not required for implementation of foreign policy controls. However, there is some cooperation for some of the nuclear, missile and chemical or biological warfare (CBW)
|
From page 142... ...
The Office of Foreign Assets Control (OFAC) within the Treasury Department administers TWEAbased sanctions against the embargoed nations of North Korea, Vietnam, Cambodia, and Cuba and IEEPA-based sanctions against Libya.
|
From page 143... ...
Practice, and Case Examples Despite the legal distinctions between foreign policy and national security controls, in practice, the two are sometimes used together with national security controls imposed more to express the US's dislike of certain policies or programs, rather than because the export of specific products and technologies would significantly and specifically contribute to the military potential of the adversary country. Two examples are noted below.
|
From page 144... ...
2. The Soviet Gas Pipeline The ''Soviet Pipeline" has become a prime case study of the ineffectual use of unilateral controls for foreign policy reasons.
|
From page 145... ...
They were intended to impede completion of a pipeline for deliveries of natural gas from Western Siberia to Western Europe. The Reagan Administration was concerned that Western Europe would become vulnerable because of dependence on Soviet gas, thereby providing the Soviet Union with economic and political leverage over Western Europe.
|
From page 146... ...
of the 1979 Export Administration Act, a validated license is required for foreign policy purposes to export crime control and detection instruments and equipment and related technical data to any destination, except NATO members, Japan, Australia, and New Zealand. The purpose of the control is to ensure that US-origin police equipment is not exported to countries whose governments do not respect internationally recognized human rights and to distance the US from human rights violators.
|
From page 147... ...
ta) of the Export Administration Act of 1979 as nations that repeatedly support acts of international terrorism.
|
From page 148... ...
Commodities affected include military vehicles and certain equipment used to manufacture military equipment. Applications for export to these destinations will generally be approved unless there is a reason to believe that the export could contribute to destabilization.
|
From page 149... ...
4. Chemicals used for Chemical Weapons 17 Specified chemicals that could be used as precursors for chemical weapons are controlled for foreign policy reasons.
|
From page 150... ...
6. South Africa The US maintains controls on all commodities and technical data to South African military and police entities and on selected items to both South African entities under the authority of Section 6 of the Export Administration Act and the Comprehensive Anti-Apartheid
|
From page 151... ...
7. Libya Export controls have been imposed gradually on Libya by the Departments of Commerce and Treasury under the Export Administration Act and the International Emergency Economic Powers Act (IEEPA)
|
From page 152... ...
Before Congress required the Executive Branch to remove all unilateral controls imposed for "national security" reasons, these materials had been unilaterally controlled under Section 5 national security controls. The shift to foreign policy controls allowed four countries -- Iran, Traq, Syria, and Libya -- to be targeted.
|
From page 153... ...
10. Missile Technology Controls Foreign policy controls have been established on certain types of equipment and related technical data that could be used in the development and production of missiles with nuclear weapon delivery potential.
|
From page 154... ...
B Multilateral Cooperation National security controls are implemented through the multilateral COCON mechanism as well as by national law and regulation.
|
From page 155... ...
. Human Right=: Similar human rights controls on exports of crime control and detection equipment have not been implemented by other countries.
|
From page 156... ...
It is an informal group that acts by consensus to harmonize national export controls on precursors used for the development of chemical weapons.
|
From page 157... ...
7. Libya: No other country has adopted comprehensive export sanctions against Libya, although in 1986 the EC and the seven major industrialized countries banned future arms sales.2 8.
|
From page 158... ...
10. Missile Technology Controls: These controls are multilateral.
|
From page 159... ...
In the administration of export controls, there is a fundamental difference in expectations between the two types of controls. Security controls are supposed to be more effective.
|
From page 160... ...
1. Effectiveness 28 Security controls are intended to actually stop the export of strategic Western items to the East through multilateral efforts, whereas foreign policy controls are generally regarded as successful in terms of the USts symbolic opposition to policies or actions (e.g., apartheid, terrorism, or human rights abuses)
|
From page 161... ...
Security controls target communist countries only, whereas foreign policy controls target noncommunist countries as well. However, under the heading of security controls, validated licenses are required for export to noncontrolled, noncommunist countries (to deter diversions)
|
From page 162... ...
Security controls have continued decade after decade whereas many foreign policy controls have been of relatively short duration (thus qualifying for George Shuts label of 'light-switch diplomacy". However, the foreign policy embargoes of North Korea and Cuba have been in effect for 40 years and 30 years respectively.
|
From page 163... ...
Before 1979 Before enactment of the Export Administration Act of 1979, security controls and foreig~policy controls were not separately identified on the control list. Items not controlled for security purposes required a validated license for export to noncontrolled countries to deter diversion, as is still the case today.
|
From page 164... ...
32 Congressional ire in 1979 concerning foreign policy controls was prompted primarily by 1978 imposition of broad controls on exports to police and military entities in South Africa and on exports of oil and gas exploration and production equipment and technology to the Soviet Union which, for the most part, did not overlap security controls. But it was also prompted in part by 1978 piggybacking of security controls on exports to noncommunist countries designed to discourage human rights abuses.
|
From page 165... ...
This was occasioned principally by the Soviet invasion of Afghanistan and Iranian hostage-taking of American Embassy personnel. One of the actions taken in response to Afghanistan was construed by some to be an inappropriate use of security controls for foreign policy purposes.
|
From page 166... ...
Disruption in COCOM contributes to a weakening of the multilateral security control framework which COCOM supports. However, not all unilateral foreign policy controls have adversely affected multilateral security controls.
|
From page 167... ...
Thus, US unilateral controls forced a weakening of the COCOM rule of unanimity. Indeed, the Europeans in 1990 might cite the British action in 1957 as a precedent for overcoming US resistance to removing a reverse China differential (they want to delete items on the list for control to the Soviet Union which are not now controlled to China)
|
From page 168... ...
3. (;as Pipeline 36 In 1981 and 1982 the United States imposed extraterritorial foreign policy controls on equipment for compressor stations for a natural gas pipeline from the Soviet Union to Western Europe in reaction to the imposition of martial law in Poland.
|
From page 169... ...
Indeed, some unilateral US controls have not adversely affected COCOM (such as human rights controls on crime control equipment)
|
From page 170... ...
Thus the distinction between foreign policy controls and national security controls continues to blur. The security controls directed at Eastern Europe and the Soviet Union begin to take a back seat to foreign policy controls directed at those countries who pose a security threat to the US through terrorism or CBW.
|
From page 172... ...
32 Congressional ire in 1979 concerning foreign policy controls was prompted primarily by 1978 imposition of broad controls on exports to police and military entities in South Africa and on exports of oil and gas exploration and production equipment and technology to the Soviet Union which, for the most part, did not overlap security controls. But it was also prompted in part by 1978 piggybacking of security controls on exports to noncommunist countries designed to discourage human rights abuses.
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.