• Views of relevant departments are heard and considered, and unresolved cases presenting significant policy issues are taken to a senior-level interagency group for prompt resolution.

  • The system is made simpler, more open, and internally consistent so that policymakers, administrators, and U.S. and foreign business can more easily understand it and work with it.

  • The development of export control policy is well balanced, and industry and other affected parties have appropriate opportunities for input into policy formulation, including regulatory changes and list development.

Policy Formulation

Achievement of the above goals would be expedited by a process in which policy formulation is handled through a mechanism separate from that of policy administration. A clearer division of functions would help dispel the current confusion in the bureaucracy between policy formulation and its implementation.

The arrangement for export controls should be part of the same apparatus for policy implementation that an administration establishes for any important component of national security. The relevant executive branch agencies should retain a strong voice in policymaking. The basic function of the policy mechanism should be to integrate the existing policy roles of the various agencies. Clear policy guidance should be established through firm presidential leadership, and a more rational administrative apparatus should be constructed for execution of policy established by the President.

Administrative Alternatives

The panel evaluated two basic alternatives for consolidating agency functions. The first alternative is to put administrative functions in a newly created administrative structure. The second is to consolidate functions in an existing department or agency.

Given the progress that has been made so far in improving both policy and process, the panel concluded that it would be better to modify the current system rather than start anew.

In several ways the State Department is not an optimal setting for an administrative agency. The State Department is oriented primarily to matters of high-level policy and foreign affairs, not the detailed work of a licensing bureau.

Given its central mission, the Defense Department would not be sufficiently responsive to balancing military and commercial concerns, particularly in regard to exports of dual use items.

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