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U.S. Arms Export Controls. ITRN 603 Eric LeMasters. Legislation. Arms Export Control Act (AECA ) Title 22, Chapter 39

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u s arms export controls

U.S. Arms Export Controls

ITRN 603

Eric LeMasters

legislation
Legislation
  • Arms Export Control Act (AECA)
  • Title 22, Chapter 39

§2778 …In furtherance of world peace and the security and foreign policy of the United States, the President is authorized to control the import and the export of defense articles and defense services and to provide foreign policy guidance to persons of the United States involved in the export and import of such articles and services. The President is authorized to designate those items which shall be considered as defense articles and defense services for the purposes of this section and to promulgate regulations for the import and export of such articles and services. The items so designated shall constitute the United States Munitions List.

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two control lists
Two control lists:

Commercial Control List

  • Overseen by Dept. of Commerce (Bureau of Industry and Security)
  • Administers the Export Administration Regulations (EAR)
  • Controls “dual use” items that may have secondary defense purposes

U.S. Munitions List

  • Overseen by State Dept.
  • Defense related articles and services
  • Cases dealt with one-on-one
  • More stringent requirements
export control reform initiative 2010
Export Control Reform Initiative (2010)
  • Splits items on these lists into three “tiers”, differentiated by how easily accessible or dangerous they are
  • Licenses required for least available or most dangerous items
  • Items are only now being switched over from USML to CCL
issue competition and national security
Issue: Competition and National Security
  • Critics argue that transfer of items to the CCL that have a “secondary use” in weapon creation is potential threat to national security
  • Administration argues that this change will help American firms be more competitive – items that aren’t directly related to defense and that are more easily procured shouldn’t have such stringent export controls