4 October 2001
Source:


US Department of State
International Information Programs

Washington File
_________________________________

04 October 2001

Commerce Dept.'s Juster on Multilateral Export Regimes

 (U.S. seeks better cooperation against proliferation) (1640)

 Under Secretary of Commerce Kenneth Juster says the Bush
 administration is pressing other countries to make multilateral
 export-control regimes more effective.

 In an October 4 address to the Commerce Department's Update 2001
 annual conference on export controls, Juster said the administration
 is seeking agreement in all such regimes for what is called formal
 denial notification procedures.

 Under such procedures, one member country must give notice before
 approving a license for an export that another country has denied,
 allowing time for consultations.

 "Simply put, we do not want to let would-be proliferators or
 terrorists 'shop around' until they can find a regime member that is
 willing to allow the export of items that other regime members will
 not," Juster said.

 The four multilateral export-control regimes -- which are informal
 groups, not treaty organizations -- are the Nuclear Suppliers Group,
 the Australia Group for biological and chemical weapons, the Missile
 Technology Control Regime and the Wassenaar Arrangement for advanced
 technology and conventional arms.

 The Wassenaar Arrangement, widely viewed as the weakest of the four
 regimes, is the only one that lacks formal denial notification.

 Juster said the administration is pressing the multilateral regimes
 also to develop what are called "catch-all" lists, or lists of
 entities suspected in proliferation of weapons of mass destruction.

 Regime members would deny any exports to such entities that could
 contribute to proliferation, whether the exports were on some control
 list or not.

 "Indeed, we see the trend in export controls shifting from being
 primarily 'list based' to being a mixture of 'list based' and 'end-use
 based' controls," Juster said. "And the recent terrorist attacks will
 only accelerate this trend."

 Juster also reiterated administration support for the Export
 Administration Act (EAA) bill passed 85-14 by the Senate September 6.
 He urged the House of Representatives to pass a similar bill. The
 previous EAA, a Cold War-era law, lapsed in August; since then
 President Bush has maintained the export-control system for advanced
 technology under emergency law.

 Following are excerpts of Juster's address as prepared for delivery:

 (begin excerpts)

 Keynote Address
 By Kenneth I. Juster
 Under Secretary of Commerce
 For Export Administration
 At Update 2001
 October 4, 2001
 Washington, D.C.

 We think that the Export Administration Act that was passed by the
 Senate -- known as Senate bill 149 -- provides a balanced framework
 for protecting national security and promoting free trade; for
 imposing effective export controls and facilitating responsible
 exports. S. 149 provides transparency, predictability, and time limits
 in the export licensing process. S. 149 also sets forth procedures for
 U.S. companies to seek to decontrol mass market items and items that
 are readily available from foreign sources. It thus enhances the
 ability of U.S. companies to compete for legitimate international
 sales on a fair and equal footing with their foreign competitors. This
 will enable us to maintain the vibrant industrial base that is so
 critical to our continued security.

 I want to emphasize, however, that S. 149 -- contrary to some
 misperceptions -- also significantly strengthens our authority to
 safeguard national security and combat terrorism. For example:

 -- S. 149 requires all export license applications to be referred to
 the Secretaries of Defense and State, and gives the Secretary of
 Defense explicit concurrence authority in establishing the list of
 items controlled for national security reasons, including those
 controlled for anti-terrorism reasons.

 -- S. 149 requires a license for any export if the Secretary of State
 determines that the destination country supports international
 terrorism and the export would make a significant contribution to the
 country's military potential or enhance its ability to support acts of
 international terrorism.

 -- Significantly, S. 149 provides the President with the authority to
 continue indefinitely controls on the export of any items for national
 security reasons.

 -- And S. 149 substantially enhances our export enforcement
 capabilities, including increases in penalties for export control
 violations and new undercover authority for export enforcement agents.

 We therefore believe that S. 149 provides the framework for an
 effective export control system that is in line with today's global
 realities. S. 149 also provides the flexibility to adjust that system
 to meet tomorrow's challenges. The Senate recently passed this bill by
 an overwhelming vote of 85-14. We strongly urge the House to pass a
 similar bill ....

 The Need for Greater Multilateral Cooperation

 You will hear shortly from three of my colleagues -- Jim Jochum, the
 Assistant Secretary for Export Administration; Mike Garcia, the
 Assistant Secretary for Export Enforcement; and Karan Bhatia, the
 Chief Counsel for Export Administration -- on several of the specific
 policy and enforcement issues on which we are currently focusing,
 including improvements in the interagency licensing process, the
 "deemed export" issue, and increased resources for pre-license checks
 and post-shipment verifications. But I want to mention one other
 important initiative that is of heightened concern since the events of
 September 11 -- our effort to enhance multilateral export control
 cooperation.

 As a result of the increasing globalization of the world economy,
 sensitive dual-use items and technologies simply cannot be controlled
 effectively unless there is broad cooperation among exporting and
 transit countries. Without such cooperation, foreign purchasers denied
 a critical item by one country often are able to obtain the same item
 from another country that does not control its exports as stringently.
 In order to put in place effective export controls that accomplish
 their intended purpose of denying sensitive items to known or
 suspected proliferators or terrorists, all countries possessing such
 items must work together.

 In recent months, the U.S. government has been criticized -- unfairly
 in my view -- for allegedly engaging in a unilateral and isolationist
 foreign policy. This simply is not the ease.

 The United States strongly supports effective multilateral cooperation
 on export controls that establishes rules which are enforceable and
 which will be enforced equally.

 The Bureau is working hard, in conjunction with the State Department,
 to take steps to increase the effectiveness of the various
 multilateral export control regimes. For example, we are working to
 expand to all multilateral regimes the use of formal denial
 notification procedures. A denial notification procedure allows for
 bilateral consultations prior to a proposed export in situations where
 one regime member already has denied a license for essentially an
 identical export. Simply put, we do not want to let would-be
 proliferators or terrorists "shop around" until they can find a regime
 member that is willing to allow the export of items that other regime
 members will not. If we agree to control an item multilaterally, then
 those who have agreed to maintain these controls should be vigilant to
 ensure that such an item is exported only for legitimate purposes.
 Anything less than a united front with respect to multilaterally based
 export controls undermines their effectiveness.

 We also are pushing for widespread adoption of end-use oriented
 controls -- so called "catch-all" or "catch-more" controls -- in the
 multilateral regimes. These types of controls generally impose an
 export licensing requirement based on the known or suspected end-use
 or end-user of an item, rather than its identification on a control
 list. Controls can therefore be targeted directly at end-users
 involved in proliferation or other activities of concern. As you are
 no doubt aware, the United States currently employs broad "catch-all"
 controls -- also known as EPCI (Enhanced Proliferation Control
 Initiative) controls -- focused on exports destined for use in
 proliferation activities. We believe that carefully crafted end-use
 controls strengthen the effectiveness of an export control regime by
 requiring countries to license the export of items that may fall just
 outside of control list parameters, but that still would make a
 material contribution to proliferation activities or other activities
 of concern. Indeed, we see the trend in export controls shifting from
 being primarily "list based" to being a mixture of "list based" and
 "end-use based" controls. And the recent terrorist attacks will only
 accelerate this trend.

 Finally, no export control system will be effective without the
 knowing and willing compliance of the private sector. Especially in
 light of the events of September 11, we all must work together to
 ensure that export trade is conducted responsibly and in a way that
 supports, rather than undermines, our national security. Now, more
 than ever, companies should strive to know their customers and the
 end-uses of their exports. Internal compliance programs should include
 more extensive due diligence on potential export transactions. A
 properly designed export control system, in which government and
 industry work together, is in everyone's best interest ....

 Conclusion

 In sum, as a result of globalization, economic interaction and
 national security are more intertwined than ever. Indeed, the entire
 concept of "national security" takes on new meaning in the current
 global economy and in light of the recent terrorist attacks. No longer
 is national security narrowly limited to national defense and military
 preparedness. Our conception of national security must also be
 concerned with securing the international conditions necessary for
 preserving and enhancing free trade and U.S. economic prosperity.

 As the events of September 11 made crystal clear, with globalization
 we all now find ourselves on the front lines of both international
 trade and U.S. national security. Complying with export controls,
 securing computer networks, and protecting critical infrastructure
 assets are issues that are relevant not only to individual anti
 corporate responsibility, but also to the maintenance of our national
 security. Our challenge is to manage these risks in a way that allows
 the United States to reap the maximum economic benefits of
 globalization while still protecting U.S. national security. I look
 forward to working closely with all of you in the business community
 in addressing this important new challenge.

 Thank you.

 (end excerpts)

 (Distributed by the Office of International Information Programs, U.S.
 Department of State. Web site: http://usinfo.state.gov)