States should, in all cases, seek to negotiate multilateral implementation and enforcement, or informal cooperation (whenever possible) from other countries in similarly restricting trade. However, the United States will find it difficult to lead if few other countries can be convinced to follow. Under these circumstances, the imposition of unilateral foreign policy controls may become counterproductive and damaging to U.S. economic interests and every effort should be made to remove them at an early time.
The criteria for the imposition and retention of national security and foreign policy controls set forth in Sections 5 and 6 of the Export Administration Act of 1979, as amended, should be reviewed and made more explicit.
To the extent that the President chooses to invoke export control measures through the use of the International Emergency Economic Powers Act, the criteria for its application should be reviewed and modified so that they are similar to the conditions that Congress has specified in Sections 5 and 6 of the EAA with respect to controls imposed for national security or foreign policy reasons. "Emergency powers" granted to the President under the IEEPA generally should not be imposed for more than six months before Section 6 of the EAA must be invoked.
The "sunset" provision for foreign policy controls should be enforced in order to ensure that, as in the case of more traditional national security controls, restrictions do not remain in force long after the political, military, or technological rationale for their enactment has ceased to exist.