US Export Controls


Book Description




United States Export Controls


Book Description

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 Additionally, the privilege ofexporting can be withdrawn from firms or individuals who have violated theregulations, either for specified periods or indefinitely.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.




The Export Administration Act


Book Description

The book provides the statutory authority for export controls on sensitive dual-use goods and technologies, items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological and chemical weaponry. This new book examines the evolution, provisions, debate, controversy, prospects and reauthorisation of the EAA.




Knowledge Regulation and National Security in Postwar America


Book Description

The first historical study of export control regulations as a tool for the sharing and withholding of knowledge. In this groundbreaking book, Mario Daniels and John Krige set out to show the enormous political relevance that export control regulations have had for American debates about national security, foreign policy, and trade policy since 1945. Indeed, they argue that from the 1940s to today the issue of how to control the transnational movement of information has been central to the thinking and actions of the guardians of the American national security state. The expansion of control over knowledge and know-how is apparent from the increasingly systematic inclusion of universities and research institutions into a system that in the 1950s and 1960s mainly targeted business activities. As this book vividly reveals, classification was not the only—and not even the most important—regulatory instrument that came into being in the postwar era.




The Export Control and Embargo Handbook


Book Description

The Export Control and Embargo Handbook, Third Edition is a comprehensive examination of export administration regulations. While most currently available titles covering export control and embargo law carry a broader international focus, U.S. regulations are the central topic of this book. The Export Control and Embargo Handbook provides the very latest information on the embargo, transaction, and currency controls administered by the Commerce, State, Energy, and Treasury Departments, as well as the Nuclear Regulatory Commission. This fully updated third edition is useful for individuals involved in issues surrounding both the exporting from the U.S. and re-exporting U.S.-origin goods and technology, as well as for transactions involving embargoed countries and their products. Offering a detailed analysis of licensing requirements and exceptions from a well-known expert in the field, the book also provides convenient access to the relevant excerpts from the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Blending information with practical application, Eric L. Hirschorn's in-depth analysis of the key U.S. export restrictions on 'dual use' goods, software and technology, defense articles, technology and services, and nuclear equipment and technology, along with the rules governing dealings with embargoed countries, make this an invaluable asset for legal practitioners in the export industry. Any lawyer or government official involved in embargo issues can easily access necessary information using the detailed Table of Contents and thorough index. Law students preparing for a career in trade law will also benefit from the book's accessible style.




Trading with the Enemy


Book Description

In light of the intertwining logics of military competition and economic interdependence at play in US-China relations, Trading with the Enemy examines how the United States has balanced its potentially conflicting national security and economic interests in its relationship with the People's Republic of China (PRC). To do so, Hugo Meijer investigates a strategically sensitive yet under-explored facet of US-China relations: the making of American export control policy on military-related technology transfers to China since 1979. Trading with the Enemy is the first monograph on this dimension of the US-China relationship in the post-Cold War. Based on 199 interviews, declassified documents, and diplomatic cables leaked by Wikileaks, two major findings emerge from this book. First, the US is no longer able to apply a strategy of military/technology containment of China in the same way it did with the Soviet Union during the Cold War. This is because of the erosion of its capacity to restrict the transfer of military-related technology to the PRC. Secondly, a growing number of actors in Washington have reassessed the nexus between national security and economic interests at stake in the US-China relationship - by moving beyond the Cold War trade-off between the two - in order to maintain American military preeminence vis-à-vis its strategic rivals. By focusing on how states manage the heterogeneous and potentially competing security and economic interests at stake in a bilateral relationship, this book seeks to shed light on the evolving character of interstate rivalry in a globalized economy, where rivals in the military realm are also economically interdependent.







Theory and Practice of Export Control


Book Description

This is the first book to focus on the theoretical and practical issues of export control. It combines the points of view of Japanese and French academics and practitioners, including personnel at several governmental institutions and private companies. Presenting the results of a collaboration between Japanese and French academics, it contributes to the development of a new debate on export control. Although export control has been discussed within the framework of international law in terms of peace and security, its scope has now been expanded to international economic law (i.e., WTO law and international investment law). This means that in order to discuss export control appropriately, the two areas of law have to be combined. At the same time, this topic is not only academic and theoretical but touches upon very real and practical aspects of trade, export, and foreign investment. When we tighten embargos and economic sanctions for anti-terrorism or anti-nuclearization purposes, we encounter more and more cases of conflict between security and the liberalization of economic relations in the world. For this reason, a wide range of collaborative work is needed in this area. This timely book addresses various aspects of the current export control debate.




National security export controls


Book Description




Handbook of Export Controls and Economic Sanctions


Book Description

Export controls and economic sanctions increasingly affect the day-to-day business operations across the globe. No company with cross-border operations or even a multinational work force is immune from their application or can afford to ignore these laws. Though once a relatively esoteric area of legal practice, controls over the export of goods, technology, and services now represent a basic element of corporate compliance whether your client is involved in import/export activity, mergers & acquisitions, joint ventures, licensing agreements, distribution contracts, or banking and finance transactions. This book is intended as an overview of this complex and dynamic body of law. It proves to be a valuable resource to both seasoned and novice practitioners alike, providing a thorough and practical guide that can assist counsel and compliance professionals in identifying the myriad issues, navigating the rules, and managing client risks in the challenging but fascinating area of export controls and economic sanctions law.