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EXPORT CONTROLS. 03.31.2003 by Alper Goncu Abdulkadir Said Stephan Kamali Raiah Idris. WHAT ARE EXPORT CONTROLS?. EXPORT CONTROLS. COMMODITIES. TECHNOLOGY. SOFTWARE. Equipment. Technical Data. Commercial. Hardware. Information. Custom. Material. Assistance.

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EXPORT CONTROLS


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    1. EXPORT CONTROLS 03.31.2003 by Alper Goncu Abdulkadir Said Stephan Kamali Raiah Idris

    2. WHAT ARE EXPORT CONTROLS? EXPORT CONTROLS COMMODITIES TECHNOLOGY SOFTWARE Equipment Technical Data Commercial Hardware Information Custom Material Assistance

    3. EXPORT SENSITIVE ?EXPORT CONTROLS SERVE MULTIPLE PURPOSES: • GUARDING NATIONAL SECURITY • PROTECT NATIONAL ECONOMY • SUPPORT U.S. FOREIGN POLICY OBJECTIVES

    4. EXPORT LICENSING • NATIONAL SECURITY • FOREIGN POLICY • SHORT-SUPPLY • NUCLEAR NON-PROLIFERATION • MISSILE TECHNOLOGY • CHEMICAL AND BIOLOGICAL WEAPONS • REGIONAL STABILITY • CRIME CONTROL AND TERRORIST CONCERNS

    5. LICENSE ADMINISTRATION EXPORT CONTROL RESPONSIBILITIES DEPARTMENT OF COMMERCE DEPARTMENT OF STATE Commerce Control List (CCL) U.S. Munitions List (USML) DEPARTMENT OF TREASURY Economic and Trade sanctions DEPARTMENT OF ENERGY Technical data for nuclear power Nuclear technology

    6. INTERNATIONAL TECHNOLOGY CONTROL REGIMES

    7. END USES AND END USERS • END USE: THE ACTUAL PURPOSE OR APPLICATION OF COMMODITY OR TECHNOLOGY • END USER: FINAL CONSIGNEE OR RECIPIENT OF COMMODITY OR TECHNOLOGY • THE SDN( SPECIALLY DESIGNATED NATIONALS) • THE DENIED PERSONS LIST • BIS (BUREAU OF INDUSTRY AND SECURITY) ENTITY LIST • THE DEBARRED PARTIES LIST

    8. DUAL USE • When A COMMODITY, TECHNOLOGY, OR SOFTWARE HAS BOTH COMMERCIAL AND MILITARY OR OTHER APPLICATION (ex. Nuclear)

    9. RE-EXPORTS • WHEN AN ITEM IS EXPORTED FROM THIS COUNTRY TO ANOTHER, THEN THAT COUNTRY TRANSFERS THE ITEM ON TO ANOTHER COUNTRY • WHEN A FOREIGN-MADE ITEM IS IMPORTED TO THIS COUNTRY , EXPORT CONTROLLED U.S.TECHNOLOGY PARTS IS ADDED TO THE ITEM, AND THE ITEM IS “RE-EXPORTED” BACK TO ANOTHER COUNTRY

    10. COMMERCIAL ENCRYPTION EXPORT CONTROLS • All Encryption Products Are Presumed Controlled for Export Unless the Exporter Has Obtained a Ruling That the Encryption Products Are Not Controlled • The Exporter May Not "Self-Classify" Encryption Products, but, instead, Must Obtain a Formal Classification Determination for those Encryption Products from BXA • Even After the Exporter Has Obtained a Ruling That the Encryption Products Qualify for an Export License Exemption, After-the-Fact Reporting Requirements May Apply

    11. CHINA, THE FOCUS OF EXPORT CONTROL POLICY • CHINA IS A GROWING REGIONAL MILITARY POWER • CHINA INVOLVED PROLIFERATION RELATED ACTIVITIES • THE U.S. APPLIES STRONG EXPORT CONTROLS • CHINA IS THE LARGEST POTENTIAL MARKET FOR U.S • TO IDENTIFY THE LINE BETWEEN MILITARY AND CIVIL END USERS IS DIFFICULT

    12. CHINA TECHNOLOGY TRANSFER AND EXPORT CONTROLS • IN 1988,US SATELLITE MANUFACTURERS CONSIDERED OVERSEAS FACILITIES • PRESIDENT REAGAN PROPOSED CHINA BE PERMITTED TO LAUNCH AMERICAN COMMERCIAL SATELLITES • IN 1989 US AND CHINA SIGNED COMMERCIAL SATELLITE AGREEMENT • SANCTIONS IMPOSED ON CHINA AFTER TIANENMAN SQUARE INCIDENT IN 1989

    13. CHINA TECHNOLOGY TRANSFER AND EXPORT CONTROLS(Continued) • DESPITE SANCTIONS, WAIVERS GRANTED FOR 3 US SATELLITES • EXPORT CONTROLS ON SATELLITES HAVE BEEN TRANSFERRED FROM THE STATE TO COMMERCE DEPARTMENT IN 1996 • CRIMINAL CHARGES BROUGHT UP AGAINST MCDONNELL DOUGLASS AND ONE OF CHINA’S LARGEST GOV’T OWNED COMPANIES FOR VIOLATING U.S. EXPORT CONTROLS IN 1997

    14. SATELLITE TECHNOLOGY SAFEGUARDS AGREEMENT BETWEEN US AND CHINA • DEVELOP A TECHNOLOGY TRANSFER PLAN • HAVE ALL TECHNICAL DATA UNDER THE LICENSE REVIEWED BY DEFENSE DEPARTMENT • TRANSPORT THE SATELLITE IN A SEALED CONTAINER • HAVE A SEPARATE CRYPTOGRAPHIC EQUIPMENT SAFEGUARD PLAN • LIMIT TECHNOLOGY WHICH CAN BE RELEASED UNDER THE COMMERCE LICENSE

    15. ARE U.S. EXPORT CONTROLS FOR CHINA ENOUGH? • THE U.S. EXPORT CONTROL POLICY ON CHINA AIMS TO BALANCE NATIONAL SECURITY AND ECONOMIC CONCERNS • U.S. POLICY ALSO ALLOWS FLEXIBILITY • MAINTAINING AN ACTIVE DIALOGUE WITH CHINA IS IMPORTANT

    16. THE NEED TO REFORM • EFFECTIVE ADMINISTRATION • MULTILATERAL COORDINATION AND ENFORCEMENT • FOCUS ON CONTROLLING TECHNOLOGIES, COMPONENTS AND SYSTEMS THAT ARE CRITICAL FOR MILITARY OR TERRORIST CAPABILITIES. • TRANSPARENCY AMONG GOVERNMENT AGENCIES

    17. REFERENCES • http://www.bxa.doc.gov • http://www.usconsulate.org.hk/uscn/trade/expcontr/2002/011701.htm • http://www.customs.ustreas.gov/xp/cgov/newsroom/press_releases/12002/01102002.xml • http://www.space.com/businesstechnology/business/china_mcdonnell_991008_wg.html • http://web.ita.doc.gov/ticwebsite/FAQs.nsf/6683dce2e5871df9852565bc00785ddf/2d729d2d07c53f2a85256914005f4681?OpenDocument • http://www.nap.edu/books/0309043921/html/ • http://www.law.duke.edu/journals/dltr/articles/2001dltr0030.html • http://www.amcham-china.org.cn/publications/white/2001/en-17.htm • http://ffip.com/issuebriefs010802.htm • http://www.afpc.org/crm/crm423.htm