Transcript U.S. Arms Export Controls - International Trade Relations

U.S. Arms Export
Controls
ITRN 603
Eric LeMasters
Legislation
• Arms Export Control Act (AECA)
• Title 22, Chapter 39
§2778 …In furtherance of world peace and the security and foreign
policy of the United States, the President is authorized to control the
import and the export of defense articles and defense services and to
provide foreign policy guidance to persons of the United States
involved in the export and import of such articles and services. The
President is authorized to designate those items which shall be
considered as defense articles and defense services for the purposes of
this section and to promulgate regulations for the import and export of
such articles and services. The items so designated shall constitute the
United States Munitions List.
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Two control lists:
Commercial Control List
• Overseen by Dept. of
Commerce (Bureau of
Industry and Security)
• Administers the Export
Administration Regulations
(EAR)
• Controls “dual use” items that
may have secondary defense
purposes
U.S. Munitions List
• Overseen by State Dept.
• Defense related articles and
services
• Cases dealt with one-on-one
• More stringent requirements
Export Control Reform
Initiative (2010)
• Splits items on these lists into three “tiers”, differentiated by
how easily accessible or dangerous they are
• Licenses required for least available or most dangerous items
• Items are only now being switched over from USML to CCL
Issue: Competition and
National Security
• Critics argue that transfer of items to the CCL that have a
“secondary use” in weapon creation is potential threat to
national security
• Administration argues that this change will help American
firms be more competitive – items that aren’t directly related
to defense and that are more easily procured shouldn’t have
such stringent export controls