We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!
Presentation is loading. Please wait.
Published byChristiana Simpson
Modified about 1 year ago
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. CHAPTER 13 The Regulation of Exports
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 2 Trade Controls Over Arms, Munitions, and Defense Systems The Neutrality Acts (mid-1930’s), gave way to: –The Arms Control Export Control Act prohibits importation without a license. –Administered by the International Traffic in Arms Regulations (ITAR). –See the B-West Imports, Inc. v. United States case: President has wide latitude in enforcing law; this is not a “taking” under the 5 th amendment.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 3 National Security and Foreign Policy Issues Trade Controls for Reasons of National Security. Trade Controls for Reasons of Foreign Policy. What about the Effectiveness of Trade Sanctions? –U.N. Approved Sanctions.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 4 National Security and Foreign Policy Issues Impact of Export Controls on Business and Trade presents a dilemma: how does a nation control exports without harming businesses, jobs, or economic interests? –What is an effective trade sanction? –What about unduly burdening a key economic sector? –Many times national security governs export of software over the internet.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 5 National Security and Foreign Policy Issues Trade Controls for Reasons of Short Supply. Trade Controls for the Protection of Wildlife, the Environment, Public Safety, or of Antiquities.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 6 History of U.S. Export Control Laws Started with Continental Congress in 1775. In early 1960’s export controls toughened. In 1979, Congress passed Export Administration Act of 1979. The Cold War “Cat and Mouse” Game: Spying and Industrial Espionage.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 7 Recent Changes With fall of Berlin Wall in 1989, collapse of Soviet Union in 1991 came three key events: –International terrorist attacks against U.S. –Concerns over nuclear proliferation, especially in North Korea and Iran. –China. Multilateral Cooperation in Controlling Technology. –The Wassenaar Arrangement: best practices –Missile Technology Control Regime: keep information away from rogue nations. –The Nuclear Suppliers Group: share information among members.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 8 Export Controls On Commercial and Dual-Use Goods and Technologies Exports commodities and technical data. Re-exports commodities and technical data. Exports and re-exports from foreign country a product with U.S. parts. Exports and re-exports products from foreign country products based on U.S. technical data.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 9 Export Licensing Process Issued by the Bureau of Industry and Security. Steps in Determining License Applicability: –Locate Item on CCL. –Locate the correct ECCN. –Identify the “reason for control” for that ECCN. –Consult the Country Chart. –Is the item classified as a EAR99?
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 10 Export Licensing Process Steps (continued): –Does the item qualify for a license exception? –Is the end use of the item regulated? –Comply with all end user regulations. –Submit your license application. –Prepare your shipping documents. Special “Comprehensive” Licenses. 2007: China Validated End-User Program.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 11 Deemed Exports Communication or transfer by an American citizen of technology, technical data, software, encryption technology, etc., to a foreign national. Application of the law is not always easy, especially if foreign nationals work within the same company but live in different countries.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 12 Extraterritorial Jurisdiction of Export Control Laws Should a nation be able to extend the power of its export control laws (jurisdiction) over its goods and technology once they have left its territory? Crisis over Soviet Natural Gas Pipeline.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 13 Antiboycott Provisions Illegal to comply with boycott imposed by a foreign country against a country that is friendly to the U.S.. See the Briggs and Stratton Corp. v. Baldridge case: U.S. company thought by saying it had no business with Israel, it would not be violating the law. The court found the company had violated the law.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 14 Compliance and Enforcement Export Management System. Record-Keeping Requirements. Enforcement, Sanctions, and Penalties. –BIS Office of Export Enforcement may bring civil action before administrative law judge. 2007 Proposed Penalties: –Criminal Individual: $1 million/violation. –Corporate Fines: $5 million/violation. –Denial of Export Privileges.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 15 President’s Emergency Powers During Peace and War Trading With The Enemy Act (1917). National Emergencies Act (1976). International Emergency Economic Powers Act. –Economic Sanctions under IEEPA: Libya, South Africa, Burma (Myanmar), Cuba, etc.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 16 USA PATRIOT Act Made significant changes to IEEPA and other U.S. criminal statutes. –Created new federal crimes and penalties. –Allowed assets to be frozen. –Amended U.S. laws on financial transactions and bank secrecy.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 17 Court Challenges to IEEPA 1979 Iranian Revolution: frozen assets and claims by American companies doing business in Iran. Case of the “American Taliban”. See the United States v. Lindh case. Defendant plead guilty and received 20 years.
Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 18 U.S. Sanctions on Trade with Cuba 1962: Cuban Assets Control Regulations: banned all trade and financial transactions between Cuba and United States, and froze all Cuban assets in U.S. Also prohibited almost all travel to Cuba. See the Freedom to Travel Campaign v. Newcomb case. 1989 – Soviet Union stopped financial support of Cuba. Have the Cuban sanctions been effective?
1 The Regulation of Exports Chapter 13 © 2002 West/Thomson Learning.
1 Regulation of Exports Chapter 15 © 2005 Thomson/West Legal Studies In Business.
Modernizing Export Controls ABA International Law Section Matthew S. Borman Acting Assistant Secretary for Export Administration Bureau of Industry and.
Export Controls Michael Reeves Export Control Officer Michael Reeves Export Control Officer.
Overview of Department of Commerce Export Controls for Chemical and Biological Items.
Legal Issues and Export Controls Career-Ending Opportunities and Ways to Get Fitted for an Orange Jumpsuit David Lombard Harrison, Associate Vice President.
Export Control Basics James E. Peterson, Ph.D. Associate Vice Chancellor for Research Office of Sponsored Research.
Export Control Laws, International Terrorism and UT Research: The Business Manager's Role James P. Trempe, Ph.D. Senior Director for Research Administration.
2 Export Controls: General Overview International Traffic in Arms Regulations State Department Office of Defense Trade Control Military Application Export.
Do You Need an Export License? Purpose of Export Controls To serve the national security, foreign policy, nonproliferation, and short.
RCR: Export Control and Trade Sanctions In preparation for the Export Control session review the HSPH Export Control website and come prepared to discuss.
Bureau of Industry and Security U.S. Department of Commerce Dual-Use Export Controls and the Commerce Control List.
PACE Technologies – 3601 E. 34 th St. Tucson, AZ Telephone: FAX: ExitNextBack
EXPORT CONTROLS The Challenge for U.S. Universities Balancing National Security and Openness in Research, Education and Public Service Eileen Nielsen Director.
Department of Commerce (DOC) Department of Commerce (DOC) Bureau of Industry and Security (BIS) Bureau of Industry and Security (BIS) George H. Loh George.
EXPORT CONTROLS. Export Controls are established to implement treaties and national security laws, generally protect national security and to combat terrorism.
U.S. ANTIBOYCOTT REGULATIONS. 2 U.S. ANTIBOYCOTT LAWS Section 203 of the International Emergency Economic Powers Act. Regulations in EAR 760 Ribicoff.
1 Trying to Understand Export Control Laws* Milton T. Cole, Ph.D. Assoc. V.P. for Research and Sponsored Projects Villanova University *(Borrowing heavily.
1 Export Control Information University of Southern California Office of Compliance Daniel Shapiro.
1 Brown Bag Luncheon Series Training 09/25/2008 EXPORT CONTROLS AT YALE.
EXPORT CONTROLS License Exclusions Eileen Nielsen Director of Sponsored Projects Compliance Office of Financial Services Harvard School of Public Health.
Copyright© 2010 WeComply, Inc. All rights reserved. 4/30/2015 Economic Sanctions and Trade Embargoes.
1 Export Controls and Sanctions Program William Ploog Associate Director OSP * With credit to Erica Kropp, University of Maryland March 2007.
Export/Import Issues & Data Movement Concerns in Cross- Border Transactions Todd Taylor July 23, 2015.
U.S. laws and their implemented regulations that prohibit the unauthorized “export” of certain controlled ITEMS, INFORMATION OR SOFTWARE to foreign.
Compliance Practices for Exporters Massachusetts Export Center 2015 Export Expo December 11, 2015 Frank Boudra Office of Foreign Assets Control.
NCMA Boston’s 3 rd Annual Int’l Contracting Forum Alan F. Lehman Chief, International Law 66 ABG/JA 9 December 2015 Foreign Military Sales Contracts &
Export Controls in a University Research Setting DFA Monthly Meeting Stanford University School of Medicine December 15th, 2006.
Baker & McKenzie LLP is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the.
Le Bourget June 17, 2009 U.S. Dual-Use Export Controls for the Aerospace Industry Gene Christiansen Kelly Gardner U.S. Department of Commerce Bureau of.
24 TH ANNUAL ECCO TRAINING APRIL 27,2012 TRENDS IN EXPORT ENFORCEMENT Office of Export Enforcement U.S. Department of Commerce Julie Salcido Special Agent.
Export Control and Trade Sanctions: An Overview Loraine J. Hudson Director of Research Facilitation and Dissemination April 7, 2015.
U.S. Economic Sanctions: Current Landscape, Recent Activity, and New Developments.
Export licensing of dual-use and military goods in the Russian Federation.
Export Regulations and Tax Incentives Section VI.
Trade NAFTA – North American Free Trade Agreement; created 1994 eliminate barriers to trade & investment (tariffs)
1 September 18, 2006 Commercial Space Launch Vehicles Lessons Learned Needs Workshop Ken Hodgdon Export Control and Interagency Liaison Division Office.
University of Pennsylvania 1 1 Complying with U.S. Export Control Regulations: a University Perspective Elizabeth Peloso Associate Vice Provost/ Associate.
Foreign Policy 1991-Today. After the fall of the Soviet Union No common enemy for democratic world governments to focus on. No common enemy for democratic.
EU-Thailand Cooperation in Export Control Additional Controls.
PresentaionExpress. 2 PresentationExpress Click a subsection to advance to that particular section. Advance through the slide show using your mouse or.
© 2013 Braumiller Law Group, PLLC Any copying or distribution is prohibited. What Keeps You Up at Night: Mitigating Trade Compliance and Corruption Risks.
NCL License Processing Overview Bernard Kritzer Director, Office of National Security and Technology Transfer Controls Bureau of Industry and Security.
Winter Education Conference Contracting March 6, 2008 National Contract Management Association The Cape Canaveral Chapter.
Overview of Strategic Trade Control (STC) Concepts and Issues Jay P. Nash Research Fellow, Center for Policy Research (CPR) University at Albany, State.
1 An Introduction to Export Controls at UNCP Created by the Center for Sponsored Research and Programs at UNC Pembroke.
© 2017 SlidePlayer.com Inc. All rights reserved.