has the mission of promoting U.S. business, a condition that potentially could bias it toward relaxation of controls.
The Commerce Department's Bureau of Export Administration (BXA), however, already handles—in dollar value—the great majority of cases processed by the export control system, and it has undergone considerable administrative improvement of its own. It has an established administrative apparatus, which has achieved a reasonable degree of efficiency over the past few years. Further, the agency has dealt with a broad spectrum of products and technologies, and it has a sophisticated and reasonably comprehensive regulatory scheme. The Export Administration Act (EAA) already identifies the Commerce Department as the implementing agency for the act, which covers the broader portion of the export control spectrum.
The improved policy formulation process proposed here would alleviate some of the current inevitable mixing of policy formulation and execution in an agency charged with both export regulation and promotion. In this regard, the panel has determined to its satisfaction that BXA's export administration functions are sufficiently separate from the export promotion activities of the Commerce Department.
Therefore, the Commerce Department's Bureau of Export Administration should be selected as the single administrative agency for export controls.
As part of the consolidation of functions, measures should be taken to lessen any remaining deficiencies at BXA, such as strengthening technical center staff at the Office of Technology and Policy Analysis and upgrading its professional grade levels.
The enhancement of policy decision making and the administrative reforms outlined above will not address all the issues and problems of the export control system. This is partly because no bureaucratic construct is perfect, and partly because the reforms will have to be accompanied by certain legislative and other administrative changes to become operative.
If the single agency scheme is to work, the U.S. government will have to make the necessary changes to existing legislation and governmental structure for export control administration. Some of the proposed changes can be implemented within existing legislative mandates, but certain reforms would require that Congress amend the relevant acts. For example, ending the overlap between the Export Administration Act and the Arms Export