Export Controls: Proposed Reforms Create Opportunities to Address Enforcement Challanges

The U.S. government’s control over the export of defense and dual-use items is intended to ensure that U.S. interests are protected in accordance with the Arms Export Control Act (AECA) and the Export Administration Act (EAA). Defense items can include tanks, fighter aircraft, submarines, firearms, satellites, missiles, and training; while dual- use items can include computers, radars, and telecommunication equipment. Jurisdiction over the export of defense and dual-use items is primarily divided between State and Commerce. Generally, unless an exemption applies, exporters submit a license application to State if their items are controlled on the U.S. Munitions List or to Commerce if their items are controlled on the Commerce Control List pursuant to the Export Administration Regulations to receive export approval. As part of the application review process, State and Commerce consult with other departments, including DOD and with Treasury in the case of sanctioned countries. Offices within Commerce, DHS, Justice, and State conduct enforcement activities. Treasury and Commerce administer the current sanctions program for designated countries.