1. Reforming U.S. Export Controls to Reflect the Threat Landscape
- Author:
- Zach Weinberg
- Publication Date:
- 05-2021
- Content Type:
- Journal Article
- Journal:
- Journal of Public and International Affairs (JPIA)
- Institution:
- School of Public and International Affairs (SPIA), Princeton University
- Abstract:
- Certain features of U.S. export controls fail to reflect the immediate threat from East Asia and the emerging threat from Europe as it relates to the theft of American defense and dual-use technologies. While both the Obama and Trump administrations made a concerted effort to better regulate the commercial sale and shipment of technologies deemed sensitive for reasons of national security, one critical component of the export controls regime—the U.S. Department of Commerce (USDOC) country-specific export control licensing requirements—has yet to be revised to account for European and East Asian industrial espionage. Imposing the most export licensing requirements on average to countries in Europe and East Asia would accurately account for the persistent attempts to illicitly acquire U.S. defense technologies. Instead, countries in the Near East and South and Central Asia are, on average, assigned the most reasons for control listed on the Bureau of Industry and Security (BIS) Commerce Country Chart (CCC)—likely a carry-on objective from the U.S. Global War on Terror (GWOT) when military operations were heavily focused on these regions. Furthermore, BIS imposes a blanket set of export controls on countries throughout Sub-Saharan Africa, failing to recognize the varying risk profiles posed by different African states. These misallocated export controls demonstrate how specific trade barriers fail to move beyond an outdated GWOT mentality and result in over-regulating the Near East, South and Central Asia, and Africa. The following paper proposes the need for a thorough review of the CCC to ensure that it accurately reflects a country’s current risk profile and takes into consideration the consistent industrial espionage threat from East Asia and the emerging threat from Europe. As a result of this type of export control reform, there would be a relaxation of licensing requirements levied on regions that show little interest in illicitly procuring American defense technologies.
- Topic:
- Defense Policy, Science and Technology, Exports, and Hybrid Threats
- Political Geography:
- Europe, East Asia, North America, and United States of America