Defense Export Control in the United States

Defense Trade Control

Export Control Reform

In August 2009, the Export Control Reform Initiative (ECR Initiative) was launched, with the goal to fundamentally reform the U.S. export control system. It was designed to enhance United States national security and strengthen the contry’s ability to counter threats such as the proliferation of weapons of mass destruction.

Find more information on Defense Trade Control in relation to the International Trade Control Law, including the International Emergency Economic Powers Act (IEEPA) in the legal Encyclopedias.

Commerce, Licenses and Enforcement

Find more information on Commerce, Licenses and Enforcement in relation to the Export Control Compliance and Administration in the legal Encyclopedias.

Defense Export Control Regulations and the International Trade Law

Regulatory Links include the following:

• Export Administration Regulations
• International Traffic in Arms Regulations
• OFAC Sanctions Programs and Country Information

International Export Control Agreements and Regimes in relation to Defense

The most important are the following:

• Australia Group
• Missile Technology Control Regime
• Nuclear Suppliers Group
• Wassenaar Arrangement

Defense Trade Cooperation Treaties

The United States signed two Defense Trade Cooperation Treaties with the United Kingdom and Australia. There are exemptions to the International Traffic in Arms Regulations (ITAR) created pursuant to the Treaties. U.S. exporters may submit a General Correspondence to the Office of Defense Trade Controls Policy to confirm whether their prospective transaction is Treaty eligible. While anyone may submit a General Correspondence, to confirm whether a UK or Australian export is Treaty-eligible, please visit ecochecker.bis.gov.uk/ or defence.gov.au/ustradetreaty/resources.htm, respectively.

In September 2010, the U.S. Senate approved the two U.S. Defense Trade Cooperation Treaties with the United Kingdom and Australia and the passage of implementing legislation by the House and Senate. According to the Secretary of State, these “treaties recognize and support the long-standing special relationship between the United States and two of its closest allies and support U.S. national security interests by furthering cooperative efforts to meet shared security challenges.

The treaties accomplish this by creating a system that allows for a more streamlined and efficient movement of defense articles and services, thereby enhancing our ability to equip our armed forces with the best technology available in the most expeditious manner possible.”

Resources

See Also

Further Reading

• Defense Export Control entry in the Dictionary of International Trade Law (Raj Bhala)
• Defense Export Control entry in the Gale Encyclopedia of U.S. Economic History (Thomas Carson; Mary Bonk)
• Defense Export Control entry in the Dictionary of International Trade
• Defense Export Control entry in the Dictionary of International Trade: Handbook of the Global Trade Community (Edward G. Hinkelman)