Export control regulations are certain federal laws put forth by the US government to prohibit the unlicensed export of certain commodities or information for the reason of national security and trade protection. There are several reasons why export control has to be existed however, few reasons for which it is implies includes potential military applications or economic protection issues, governments concern about certain countries organizations or individuals and concern about the declared suspected end use of the exported product.
In general terms Export control can be defined as “US laws and their implementing regulations that govern the distribution to foreign nationals and foreign countries of strategically important technology, services and information for reason of foreign policy and national security”. License to export is required from the Department of State or Department of Commerce and additional licenses are served to some discreet exporters to export some of the prohibited items in exceptional scenarios.
Due to the export, control on defense services and articles it directly or indirectly affects a large portion of trade in commercial and military goods throughout the world. Recent Export control system operates under the two main departments that maintain the control over export the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). In addition, both these agencies also involved in administering separate control list the US Munitions List and the Commerce Control List.
Export control is necessary because of national security, proliferation of chemical and biological weapons, nuclear nonproliferation, missile technology, Anti terrorism, crime control, high performance computers regional stability, short supply and due to U N Sanctions. The main concern of the export control is the defense articles and defense services for which exporters need to get the approval from US Government. Because under the section 38 of the Arms and Exports Control Act (AECA) US president is authorized to control the import and export of the defense articles and defense services thereby establishing regulations to this purpose.
Despite of being restricted item exporters can obtain an approval before export or import of defense articles and services. To do this President delegated export control authority to the Office of Defense Trade Controls in the State Department’s Bureau of Political Military Affairs through the Secretary of State required permission, approval and licensing is processed. The interesting thing is State department is not the sole controller of export and import of defense services and articles however, the Treasury Department controls the controls the USML items. On the other hand, Department of Energy holds an export control authority on the export of nuclear propulsion equipments and nuclear weapons. Export control also has a list of countries with which US government maintains an arms embargo and due to the change of list periodically exporters should check the ODTC to verify whether a particular country is has an arms embargo.
