scholarly journals A European Dilemma: The EU Export Control Regime on Dual-Use Goods and Technologies

2016 ◽  
Vol 7 (3) ◽  
pp. 161-172 ◽  
Author(s):  
Hamed Alavi ◽  
Tatsiana Khamichonak
Keyword(s):  
Technological Development ◽  
Export Control ◽  
Dual Use ◽  
Control Groups ◽  
Policy Attitudes ◽  
Council Regulation ◽  
Technology Control ◽  
Economic Ties ◽  
Control Regime ◽  
The Eu

Abstract Export controls for dual-use items are an important constituent element of both the security policies of state exporters and WMD non-proliferation efforts. Dual-use goods and technologies can be used for both civil and military purposes, which requires careful oversight over their export to countries that are considered unfriendly or have ambiguous foreign policy attitudes. By their very nature, dual-use items may be used both to further legitimate ends, like promoting technological development and strengthening economic ties, and to aid in unwarranted acts. State exporters are faced with the responsibility of balancing the security objectives pertaining to exports of dual-use items with the competitiveness of local economies. The paper discusses the EU export control regime and EU membership in international export control groups. In doing so, comparative and normative research methods are chosen to analyze existing literature on Council Regulation 428/2009 and other international export control groups, including the Wassenaar Arrangement, the Missile Technology Control Regime (MTCR), the Australia Group (AG) and the Nuclear Suppliers Group (NSG). The paper will conclude by identifying shortcomings and addressing possible amendments to the regulation.

Export Control Regimes and India's Space and Missile Programmes

2002 ◽  
Vol 58 (3-4) ◽  
pp. 205-242
Author(s):  
A. Baskaran
Keyword(s):  
Conceptual Framework ◽  
Export Control ◽  
Dual Use ◽  
Export Controls ◽  
Technology Control ◽  
Control Regime

Multilateral export control regimes such as the London Club and Missile Technology Control Regime (MTCR) aim to prevent the flow of complex dual-use technologies to certain ‘target’ countries. The underlying belief has been that these regimes would be able to delay or cripple strategic weapon programmes in ‘target’ countries. However, little attention has been paid to understand the factors that influence the effectiveness of these regimes. In recent years, the limitations of export controls have become increasingly clear. This paper introduces a conceptual framework and analyses the case of India'S space and missile programmes to trace the factors that determine the effectiveness of export control regimes and to understand why these regimes, particularly the MTCR are increasingly ineffective on certain ‘target’ countries.

scholarly journals Legal Foundations for Exporting Dual-Use Goods from the European Union

Lex Russica ◽  
2021 ◽  
pp. 44-56
Author(s):  
V. Yu. Slepak
Keyword(s):  
Legal Regulation ◽  
The European Union ◽  
Dual Use ◽  
Member States ◽  
National Regulation ◽  
Eu Member States ◽  
Legal Obligations ◽  
Council Regulation ◽  
The One ◽  
The Eu

The paper is devoted to the examination of the main aspects of the legal regulation of exporting dual-use goods in the EU under Council Regulation (EU) No. 428/2009 of 5 May 2009. The main objective of the instrument under consideration is to establish a system common for EU Member States to control effectively the export of dual-use goods in order to ensure compliance of EU member States with international obligations, especially with regard to the regime of non-proliferation of nuclear weapons. The author concludes that the current Regulation on export of dual-use goods is a logical extension and continuation of the EU instruments regulating arms trade with the third countries that pursues the same objectives, i.e. to implement the international legal obligations of the EU Member States assumed under multilateral control and non-proliferation regimes. Under the selected regulatory model, the EU failed to take the opportunity of replacing relevant national regulation; the Dual-Use Export Regulation defines a general framework, leaving it to Member States to take certain measures aimed at promoting an EU-wide approach. It is up to Member States to establish an appropriate control system for transactions, involving dual-use products, carried out by their nationals and legal entities. On the one hand, it allows the authorities of Member States, due to their proximity to economic entities, to take into account to a greater extent the characteristics of the national market. On the other hand, such a system leads to discrepancies in the practice of applying, in theory at least, uniform measures for the whole Union. Thus, even with the legal basis for independent and exclusive regulation of the export of dual-use products, the EU has faced with the unwillingness of Member States to adopt such restrictions and had to focus on coordinating the activities of Member States, leaving them with a considerable degree of independence and autonomy.

scholarly journals Trading Emerging Technologies: Export Controls Meet Reality

2021 ◽  
pp. 1-13
Author(s):  
Scott A. Jones
Keyword(s):  
Emerging Technologies ◽  
Technological Development ◽  
Development Economic ◽  
Export Control ◽  
Dual Use ◽  
Export Controls ◽  
Control Effort ◽  
Economic Competitiveness ◽  
The Us ◽  
Controls Systems

Abstract “Emerging technologies” and the growing inventory of their dual-use applications increasingly challenge policymakers with how to balance technological development, economic competitiveness, and national security priorities. While dual-use export control regulators have always struggled with balancing economic and security interests, emerging technologies are challenging controls systems ill-equipped to define or practically control them. As the most advanced case, the US export control effort is an instructive regarding the challenges of deploying conventional controls over defining and controlling rapidly developing technology sets. This article reviews the US case in light of the current challenges posed by emerging and foundational technologies.

scholarly journals THE WASSENAAR ARRANGEMENT AND RUSSIAN HIGH-TECH EXPORT

2016 ◽  
pp. 169-179
Author(s):  
L. S. Revenko ◽  
N. S. Revenko
Keyword(s):  
High Tech ◽  
Export Control ◽  
Dual Use ◽  
Goods And Services ◽  
Russian Economy ◽  
International Stability ◽  
Innovative Products ◽  
Conventional Weapons ◽  
International Status ◽  
Control Regime

The current military and political situation in the world raises the necessity of use by Russia of all existing tools to counter actions targeted against it. Participation of the country in international export control regimes, including the Wassenaar Arrangement (the WA), is one of these tools. Membership in the WA allows to Russia to maintain its international status, to contribute to strengthening of international stability, to ensure the non-targeting of this forum against the country, to participate in the development of decisions affecting its interests. Participation in the WA is also important from the view of modernizations of Russian economy towards transition to a new technological mode accompanied by emergence of new groups of innovative products and modification of existing ones. Control of crossing the country's borders by dual-use goods and services is one of conditions for carrying out their export. The Wassenaar Arrangement was established in 1995 to replace COCOM in order to contribute to regional and international security and stability. A huge work is carried out within the forum aimed at enhancing control over transfers of conventional weapons and high-tech dual-use goods. Russian export control system fully meets requirements of international export control regime, including the WA, and effectively functions. Export of the controlled goods from Russia or their transfer to foreign individuals and legal entities are possible only on the basis of decisions of the Export control Commission of the Russian Federation. The dilemma between the need to support exporters by reducing administrative barriers and the ensuring security interests of the country gain momentum in current stage of scientific-and-technological advance development.

scholarly journals The EU’s dual-use export control and human rights risks: the case of cyber surveillance technology

2019 ◽  
Author(s):  
Machiko Kanetake
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Export Control ◽  
Dual Use ◽  
Freedom Of Association ◽  
The Right To Privacy ◽  
Surveillance Technology ◽  
The Right ◽  
The Arab Spring ◽  
The Eu

Export of cyber technology can undermine human rights in countries of destination. In the aftermath of the Arab Spring, political controversies have arisen around EU-exported cyber surveillance technology, which allegedly helped autocratic states monitor and arrest dissidents. While cyber technology is indispensable to our lives, it can be used to suppress the right to privacy, the freedom of expression and the freedom of association, not only in the EU, but also in the countries it trades with. The EU has taken a proactive role in reforming the export of human rights-sensitive cyber technology. In September 2016 the European Commission proposed the integration of human rights due diligence in the process of export control. The Commission’s proposal, however, invited strong contestations both from industry and Member States. Essentially, dual-use export control has developed in order to mitigate military risks. Attempts to integrate human rights risks in export control have thus invited discomfort among stakeholders. This paper unpacks normative tensions arising from the EU’s attempts to integrate human rights risks in its export control regimes. By so doing, the paper highlights fundamental tensions embedded in the EU’s value-based Common Commercial Policy, of which dual-use export control forms an integral part.

Arms Transfers and Export-Control Policies

2018 ◽  
Author(s):  
Mark Bromley
Keyword(s):  
Export Control ◽  
Dual Use ◽  
Member States ◽  
Control Policies ◽  
Arms Transfers ◽  
Eu Member States ◽  
The United Kingdom ◽  
Arms Export ◽  
The Impact ◽  
The Eu

This chapter examines the attempt to coordinate and harmonize the dual-use and arms export control policies of EU member states, focusing in particular on the use of EU arms embargoes and the implementation of the EU Dual-Use Regulation and the EU Common Position on Arms Export. The chapter examines the original motivations that drove and sustained this effort and gives an assessment of its impact on member states’ national policies. In doing so, the chapter pays particular attention to the dual-use and arms export control policies of Europe’s major powers (France, Germany, the United Kingdom), highlighting areas where states’ policies have been affected by EU processes of coordination and convergence, and where they remain driven by primarily national considerations. The chapter also assesses and compares the impact of these processes among a selection of smaller EU member states.

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