Export Control Regulations in an Age of Worldwide Terrorism. (Selected Topic)

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Most export transactions do not require specific approval from the U.S. Government, but for certain export transactions to take place legally an export license is required. Generally speaking, licenses are required when the product intended for export affects or could affect:

* National security,

* Foreign policy,

* Nuclear non-proliferation,

* Missile development,

* Aid in the development of chemical and biological weapons,

* Regional stability,

* Crime control, or

* Control of international terrorism.

Four U.S. Government agencies have primary export licensing responsibilities. They are: (1) the Department of Commerce, (2) the Department of Energy, (3) the State Department and (4) the U.S. Treasury;

The majority of exports that require a license are either on the Commerce Control List (CCL) administered by the Commerce Department, or the U.S. Munitions List (USML) administered by the State Department. The CCL is used to regulate the export and re-export of dual use items. These are items that have legitimate commercial uses as well as possible military applications. The USML is used to control the export of defense articles (e.g. guns and grenades), as well as services and related technologies.

The U.S. Defense Department is actively involved in the inter-agency review of those items controlled on both the CCL and the USML. The agencies work together when there is a question about whether a proposed export is controlled on the CCL or the USML.

The Energy Department controls exports of nuclear technology, nuclear materials and technical data. The Treasury Department is responsible for economic and trade sanctions against targeted foreign countries and their agents, terrorists and terrorism-sponsoring organizations …