CHAPTER 15 - International Trade Law CHAPTER 15 THE...

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International Trade Law CHAPTER 15 THE REGULATIONS OF EXPORTS I. US Agencies in charge of Export Controls A. The List 1. US Department of Commerce a. Bureau of Industry (BIS), plays greatest role in the control of “dual-use” technology—those that have a business use as well as potential military application b. Maintain list of countries 2. US Department of State Office a. Defense Trade Controls (DTS) b. Concerned about exports that will potentially cause problem; negatively affect US policies 3. Treasury Department a. Office of Foreign Asset Controls (OFAC) b. Enforces trade sanctions 4. Department of Energy a. Exportation of nuclear “use” in process b. Usually anything falls under “nuclear use” 5. Homeland Security a. Bureau of Customs and Border Protection b. Customs-trade partnership against terrorism 6. Intelligence community a. Federal Bureau of Investigation (FBI) b. Joint-Terrorism Task Force (JTTF) 7. NOTE: Problem of overlapping jurisdiction with no time limits on processing documents B. History J. Duong1
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International Trade Law 1. Export Administration Act (EAA)- Federal statute on exporting, the purpose is to balance between two competing interests: a. The need for exports b. And national security 2. EAA expired on June 30, 1994 and Congress could NOT reach an agreement on export controls a. Continue to export because world is dangerous (in favor of EAA) b. Others argue this is nonsense of export control because they could get it from someone else besides the US (diversion of products), thus becoming customers of other states c. EX: US could not prevent Iran of nuclear proliferation 3. Clinton passed
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This note was uploaded on 04/13/2008 for the course BUSI 177 taught by Professor Dhooge during the Spring '08 term at Pacific.

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CHAPTER 15 - International Trade Law CHAPTER 15 THE...

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