• Specify the process for resolving disputes over list construction. (See Chapter 10 for a detailed discussion of list construction and review.)

REGULATORY PROCEDURES, LICENSING, AND DISPUTE RESOLUTION

The NSD should establish guidance for the development of regulatory control regimes, including establishing the targets of controls, such as destinations and end uses. The NSD should also prescribe parameters for distinguishing between routine and exceptional licensing cases and detail the decision-making process for each. The directive should identify responsibilities for review and resolution of exceptional cases. Time limits should be included to ensure expeditious decision making. Designated authorities must define the criteria for referral of licenses to interagency resolution.

  • To eliminate the existing public confusion over the specific terms of U.S. export control policy, which is a major defect of the current system, presidential guidance should be made public to the extent feasible. Although elements of the NSD might require classification, broad policy concepts and the details of policy execution should be stated publicly.

POLICY EXECUTION

More efficient case processing, better procedures for dispute resolution, and greater system transparency are among the potential gains from a revised administrative process.

Consolidated Administration

  • In order to achieve a more rational and effective export control process, the U.S. domestic process should be reconfigured through consolidation of all day-to-day administrative functions in a single agency. Single agency authority for day-to-day functions will have the following advantages:

  • Establish a more rational and consistent regulatory structure.

  • Achieve efficiency in list administration and implementation of regulatory changes.

  • Attain further improvement in license processing.

  • Avoid jurisdictional disputes at the administrative level.

  • Facilitate industry's access to information on export control requirements.



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