Finding Common Ground U.S. Export Controls in a Changed Global Environment (1991) / Chapter Skim
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11 Key Findings and Conclusions of the Panel
11 Key Findings and Conclusions of the Panel
Pages 165-180
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From page 165... ...
Export Control Policy Export controls, sharply reduced in number and fully multilateral, are a necessary and appropriate policy instrument for responding to any remaining national security threat posed to the United States by the Soviet Union and the other former Warsaw Treaty Organization (WTO) countries, but a new 165
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From page 166... ...
Because of the enormous uncertainties inherent in the current situation, a new and clearly more sophisticated approach to export control policy is required, one that could be adapted and modified to a range of future conditions. Among its principal features would be the following interactive goals: · Maintaining a qualitative edge in U.S.
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From page 167... ...
Unilateral features should be eliminated from U.S. national security export controls except in those rare instances in which such a unilateral action would be effective or holds the prospect of changing the position of other countries within a relatively short time.
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From page 168... ...
As a result, policy analyses for export controls have tended to continue to use "mirror image" assumptions regarding Soviet requirements for Western technology, based on Western, instead of Soviet, military systems and capabilities. The panel takes note of the continuing paucity of reliable data on changes in the nature and pattern of Soviet technology acquisition efforts since 1989.
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From page 169... ...
This relief from traditional concerns and the expansion of constructive opportunities enable a shift in Western export control policy from one emphasizing general denial to one focusing on positive behavioral change, along with verifiable end use. In other words, the panel believes that the West can move from an export control regime characterized by negative sanction to one characterized by .
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From page 170... ...
Ultimately, establishing a certain degree of symmetry between the export control regime for China and the new rules that are under development for the democratizing East European countries and the Soviet Union may be desirable. As in the case of the former Warsaw Pact countries, however, the rate of further change in U.S.
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From page 171... ...
THE U.S. AND MULTILATERAL EXPORT CONTROL REGIMES Third Country Cooperation The panel takes note of the fact that no other CoCom partner requires the type of authorization for reexport out of a CoCom or cooperating country required by the United States.
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From page 172... ...
adoption of extraterritorial sanctions may seriously undermine U.S. efforts to achieve effective export control cooperation.
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From page 173... ...
Specifically, judicial review is not the appropriate means for resolving interagency disputes on the very issues on which courts lack expertise and traditionally defer to the executive branch. What courts can do, however, is correct agency abuses in interpreting and applying statutory provisions, for example, a failure to dismantle unilateral controls when such action is mandated by Congress or the imposition of new foreign policy controls when statutory criteria have not been satisfied.
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From page 174... ...
The private sector must be brought in as a full and cooperative partner. THE NEED FOR EXPORT CONTROLS IN THE NEW ERA The panel believes that the current challenge presented by the changes in Eastern Europe and the Soviet Union is to fashion a response that capitalizes on the enormous political and economic opportunities while managing the risk associated with legitimate security concerns.
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From page 175... ...
The panel concludes that the distinction between some foreign policy controls and national security controls is artificial. Serious consideration should be given to whether authority for export controls other than for reasons of national security or to implement the mandate of a responsible international organization or agreement can be justified in light of today's highly competitive international economy.
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From page 176... ...
The panel believes that given the overall decline in the perception of the security risk posed by the Soviet Union and other WTO countries, combined with the increasing sophistication of goods produced in third countries, the prospects for improving third country cooperation are limited. To maintain current levels of cooperation, as well as to encourage expanded cooperation, it will be necessary to reduce the scope of CoCom-controlled goods and provide political and economic incentives for third country cooperation.
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From page 177... ...
Nuclear Export Controls A strategy must be developed by which newly nuclear states are brought within the appropriate treaty structure and encouraged to cooperate in the export control arrangements corollary to the treaty. It is also important to
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From page 178... ...
export control process. The export control policy process should be reformed in order to achieve the following results: · Policy issues are resolved in a timely manner and policy decisions are enforced by the executing agency.
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From page 179... ...
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.
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From page 180... ...
Enhancing Industry Participation Greater balance and effectiveness in the export control system require a greater level of industry participation in the system. A process in which defense, economic, and foreign policy concerns are all coordinated into a cohesive U.S.
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