Export Control Regulation Could Be Reduced Without Affecting National Security
ID-82-14
Published: May 26, 1982. Publicly Released: May 26, 1982.
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Highlights
GAO was requested to examine how well the export control system is carrying out the Export Administration Act's national security goal of controlling exports of militarily significant technology and products to the Soviet Union and other Eastern bloc nations.
Recommendations
Matter for Congressional Consideration
| Matter | Status | Comments |
|---|---|---|
| Congress should amend the Export Administration Act to have the Department of Defense (DOD) make the initial recommendation on export applications that must be forwarded to DOD and have Commerce limit its review of these applications to those that DOD recommends denying or approving with conditions. |
Closed – Not Implemented
|
Both Houses of Congress considered this recommendation but rejected it to maintain political status quo. |
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Commerce | The Secretary of Commerce should consider use of Customs Service attaches overseas in enforcement investigations. |
Closed – Not Implemented
This recommendation was overtaken by events; a new Memorandum of Understanding between Commerce and Customs now defines the sharing of enforcement responsibilities.
|
| Department of Commerce | The Secretary of Commerce should require exporters to provide performance specifications and backup information as part of their export licensing application packages. |
Closed – Implemented
This recommendation was dismissed beyond requiring data on a few commodity categories.
|
| Department of Commerce | The Secretaries of Commerce and Defense should review the Commodity Control List to identify those few low-technology products that DOD wants to carefully examine before export to Communist countries and then eliminate the remaining low-technology products from licensing requirements. |
Closed – Not Implemented
Both Houses of Congress considered this recommendation but rejected it for another GAO recommendation.
|
| Department of Defense | The Secretaries of Commerce and Defense should review the Commodity Control List to identify those few low-technology products that DOD wants to carefully examine before export to Communist countries and then eliminate the remaining low-technology products from licensing requirements. |
Closed – Not Implemented
Both Houses of Congress considered this recommendation but rejected it for another GAO recommendation.
|
| Department of Commerce | The Secretaries of Commerce and Defense should reexamine the need for licensing of high-technology products to Coordinating Committee countries and other allies by exploring various alternatives that would satisfy control objectives and reduce or eliminate the burden of licensing. |
Closed – Implemented
P.L. 99-64, July 12, 1985, incorporated, in part, the changes recommended and eliminated certain licensing requirements to close U.S. allies.
|
| Department of Defense | The Secretaries of Commerce and Defense should reexamine the need for licensing of high-technology products to Coordinating Committee countries and other allies by exploring various alternatives that would satisfy control objectives and reduce or eliminate the burden of licensing. |
Closed – Implemented
P.L. 99-64, July 12, 1985, incorporated, in part, the changes recommended and eliminated certain licensing requirements to close U.S. allies.
|
| Department of Commerce | The Secretary of Commerce should direct Commerce reviewing officials to include a full discussion of: (1) how any citation of past precedent relates to the case under review; (2) foreign companies capable of providing a similar product, how that product compares to the proposed export, and the willingness of the foreign manufacturer to sell if the United States were to deny an export license; and (3) intelligence information on the end user obtained from the intelligence agencies in support of Commerce's licensing recommendation. |
Closed – Implemented
Events have muted this recommendation.
|
| Department of Commerce | The Secretaries of Commerce and Defense should eliminate licensing requirements to non-Communist countries for low-technology products falling below the Communist country threshold level. |
Closed – Not Implemented
Both Houses of Congress considered and rejected this recommendation in favor of another GAO recommendation.
|
| Department of Defense | The Secretaries of Commerce and Defense should eliminate licensing requirements to non-Communist countries for low-technology products falling below the Communist country threshold level. |
Closed – Not Implemented
Both Houses of Congress considered and rejected this recommendation in favor of another GAO recommendation.
|
| Department of Commerce | The Secretary of Commerce should revise the current embedded technology guidelines in consultation with the Secretary of Defense to incorporate specific DOD concerns. |
Closed – Not Implemented
Ongoing events muted the effect of this recommendation.
|
| Department of Commerce | The Secretary of Commerce should establish a system for identifying high-technology licenses with conditions and then make tests to ensure that licensing conditions are being satisfied. |
Closed – Not Implemented
Events have muted the value of this recommendation.
|
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Topics
Dual-use technologiesExport regulationForeign trade policiesLaw enforcementLicensesNational defense operationsPolicy evaluationTechnology transferExport controlExports