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Finding Common Ground: U.S. Export Controls in a Changed Global Environment
Based on its consideration of point one, the Academy panel will seek to develop a set of dynamic and implementable principles for determining which technologies should be subject to control and at what point technological diffusion and/or obsolescence dictates that a particular technology should be decontrolled. In making its prescriptions, the panel will take account of both "process" problems in administering controls within the U.S. government and the CoCom framework, and the [changing] global political, economic, and technological [trends] .
The Academy panel will attempt to demonstrate how its principles would be applied to a few selected technologies corresponding to sections of the Control List (CL), maintained by the Department of Commerce, and the Militarily Critical Technologies List (MCTL), maintained by the Department of Defense. However, because the technology subject to control is in most cases highly dynamic, such an exercise can at best represent only a "snapshot" example of what must be a continuously evolving process of list revision.
In addition to the problem of technological obsolescence, the effectiveness and currency of both the CL and the MCTL are constrained by the availability of identical or functionally similar technology beyond the effective reach of the CoCom allies. The Academy panel will first seek to clarify in operational terms the meaning of "foreign availability." It will examine the process used within both the U.S. Government and CoCom for certifying the existence of "foreign availability," making recommendations as appropriate for improvements in the methodology. Finally, it will develop proposals to rationalize and harmonize the U.S. and CoCom procedures for dealing with identified cases of foreign availability.
The Academy panel will continue the examination of the administration of the export control program begun in its earlier study, Balancing the National Interest. To the extent warranted, the Academy panel will develop proposals for new procedures and organizational arrangements to ensure more timely, predictable, and effective decision making. As instructed in the report of the congressional conferees, the committee will pay particular attention to the questions of (a) how the extensive knowledge and expertise of private industry can be better integrated into all aspects of the export control policy process, and (b) how fundamental policy disputes involving questions of economic competitiveness vs. military security can be resolved in a fair, expeditious, and regularized fashion.