With the end of the Cold War and increased public concern that
America remain competitive internationally, export controls are
increasingly seen as a form of old thinking that must be
jettisoned. However effective such controls might have been in
keeping the Soviet Union's military from obtaining advanced weapons
and technology, they now are seen as an unnecessary impediment to
trade not only with Russia, but with China, Central Europe, and the
Middle East.
Lost in the enthusiasm to promote U.S. exports is the need to
prevent future Iraqs and the increased likelihood that with the
relaxation of U.S. and international export controls, nations such
as Iran and North Korea will have a far easier time acquiring
strategic technology to threaten their neighbors and challenge U.S.
influence abroad
Certainly, these risks along with their military implications
need to be identified and assessed at least as much as the dollar
value of increased trade that might come with modifying the Export
Administration Act (EAA) and the Coordinating Committee (CoCom, the
Cold War multilateral export control organization formed to curb
strategic trade with the Warsaw Pact). Indeed, to focus on
short-term trade benefits and ignore the long-term costs of
relaxing export controls is simply bad business, an enterprise that
will ultimately cost American lives and treasure as it did in the
case of Iran.
To avoid this, U.S. officials need to focus on two key
points.
First, proliferation threats we face will no longer be driven
simply by rogue states such as Iraq acquiring strategic technology
from the West but by the exports and military activities of states
already possessing strategic forces, such as China and the former
Soviet republics.
Second, export controls are effective when enforced. In this
regard, the most significant lever we have on the proliferation
behavior of these nations and other Western suppliers is the threat
of cutting off access to high technology and the U.S. market.
Because relaxing controls increases the scope for uncontrolled
activity, moves in this direction should be balanced by upgrading
the authority and effectiveness of customs enforcement over both
licensed and unlicensed exports and by improving the review of
whatever licensed trade remains.
This leads to several recommendations. The most prominent of
these is to enhance the U.S. government's power to block
objectionable shipments by having U.S. Customs computerize all U.S.
exporters' submission shipping export declarations. Once such a
system is established, the Customs Service should require exporters
to clear all of their declarations in advance of any shipment. This
has been done with some success in Australia, for example.
As for the U.S. export licensing system, more, not less,
interagency referral is the way to go both to assure thorough
review and to speed up the review process. In fact, for years the
Commerce and Energy Departments have been using 17th Century
bureaucratic techniques in a counter-productive effort to maintain
or increase monopoly control over the licensing process. Congress
should put an end to this and demand that 20th Century technology
and management skills be employed to establish a single, unified,
computerized interagency license referral and review process. Such
a system could eliminate time-consuming initial screening of
licenses by Energy and Commerce and most of the labor-intensive
low-level interagency meetings that follow, while increasing the
likelihood that objectionable exports would be spotted.
To prevent such shipments from being made to bad destinations,
Congress should avoid reliance on licensing requirements that would
be triggered only if an exporter is foolish enough to admit that
his goods are going directly to a specific proscribed locale. It
makes sense to require the U.S. government to list destinations and
projects of concern as much as possible, but export licensing must
be triggered by a listing of commodities destined for any locale if
the U.S. government wants to avoid the embarrassment of unwittingly
endorsing illicit transshipments.
Finally, regarding U.S. policy toward CoCom's successor
organization, three issues deserve attention.
First, CoCom's charter needs to recognize that Russia can either
retard or drive proliferation trends by how much strategic
technology it chooses to sell to Asia and the Middle East and how
it chooses to act toward the former Soviet republics and Central
Europe. To the extent Russia and other former Soviet republics are
allowed to participate in a CoCom successor organization, their
continued participation (and, thus, their continued free access to
most CoCom-controlled items), then, should be conditioned. This
could be done in a neutral fashion by stipulating that violating
the organization's guidelines or threatening the security of any
other member could serve as grounds for expulsion.
Second, the U.S. should not only insist on the explicit listing
of Iran, Iraq, Libya, and North Korea as proscribed destinations
for exports of sensitive items, but require the most advanced arms
supplying members of the CoCom successor organization to notify all
others whenever they intend to ship key items to the Middle East,
South Asia, or China.
Third, the U.S. should ask the successor organization to adopt a
no undercut rule on any member nation's denial of listed items to
any destination. This would prevent other member nations from
undercutting any member's denial of an item by selling it
themselves, such as might occur in the future with U.S. sanctioning
of high technology to nations such as China.
The Proliferation Threats We Face
Traditionally, U.S. proliferation concerns have focused almost
entirely on rogue nations, such as Iraq and Iran, and their
attempts to acquire strategic technology from the West. The U.S.
approach to these proliferation threats has been to try to deny
these nations the weapons capabilities they want. These threats are
still among our most urgent concerns.
With the end of the Cold War, however, two new kinds of
proliferation threats have emerged. The first of these concerns the
former Soviet republics. The second is China and Asia.
After its break with China at the end of the l950s, the Soviet
Union had a relatively conservative policy regarding export of
strategic weapons technology. With the possible exception of its
SCUD missile sales, Moscow generally exported little or no missile,
nuclear, chemical or biological weapons-related items outside the
Warsaw Pact.
With the economic decline of the Soviet Union in the late l980s
and finally its dissolution in l991, though, Moscow began approving
broadened exports in nearly all of these categories including some
of the most advanced conventional weapons. Most of these
Moscow-approved exports have gone to China. Public reports have
indicated that they have included uranium enrichment technology,
nuclear triggers, submarine quieting and propulsion technology,
submarine ballistic missile technology, solid rocket technology,
space launch vehicle engines, long-range air refueling hardware,
advanced ground attack planes, and more.
There have also been recent reports of missile-related
cooperation with North Korea (where Russia has helped transport
North Korean SCUDs to Syria) and India; Russian nuclear, air
defense, and submarine sales to Iran; and Russian nuclear sales to
Pakistan. Some of these sales have raised concerns among members of
the Missile Technology Control Regime (MTCR) and other
nonproliferation control organizations and may have been
coordinated with other former Soviet republics.
Beyond this hemorrhaging of strategic technology from the former
Soviet republics, though, there is also a worry that Russian
foreign policy is becoming aggressive towards its central European
neighbors and the former Soviet republics that border it. This new,
more truculent policy has a direct impact on the prospects for
proliferation in the case of Ukraine, which is debating whether to
hold on to and improve the strategic nuclear weapons it has.
There have even been suggestions that Ukraine might retain these
weapons to create a new central European security system for states
neighboring Russia which feel threatened by her. Putting aside the
merits of such schemes, it is clear that Russian behavior is likely
to be the single most important determinate of such alliance
systems, of the denuclearization of the former Soviet republics
generally, and of what sort of nuclear-based security guarantees
NATO will offer in the decade ahead. The U.S., as the key nuclear
guarantor of NATO, can hardly afford to be unconcerned. There are
also new long-term proliferation worries in Asia. The problem that
North Korea presents is by now a familiar one. Perhaps an even
greater threat to the region in the decade ahead is China's
strategic build-up and the proliferation it might prompt. What
makes China's strategic modernization so worrisome is the active
cooperation of China's greatest post-World War II adversary,
Russia. As has already been noted, Russia began in the late 1980s
helping China in virtually every category of strategic technology.
The aim of this cooperation has been to correct China's key
weaknesses in strategic submarine, nuclear weapons design and
production, ballistic missile and space technology, and
conventional force projection capabilities. Much of this Russian
technology has been paid for with the proceeds from the Chinese
military's weapons sales, including missile and other weapons
transactions in the Middle East.
This modernization has upset most of China's neighbors including
Taiwan, Australia, and Japan, all close friends of the United
States. What makes it doubly troubling, however, is that China no
longer feels it needs to array its military forces against Russia
and, in fact, has redeployed them from the Sino-Russian border to
bases on or closer to its Asian coasts. Finally, the Chinese
military have voiced rather offensive aspirations to use their
forces in future wars in north and southeast Asia.
For the moment, of course, China's military capabilities are too
limited to be much of a worry. The next decade, though, looks to be
quite different, at least in the eyes of China's neighbors. They
already feel compelled to arm themselves and to do more to keep
U.S. forces in the region.
Japan, in particular, has begun to voice interest in acquiring
overt strategic military capabilities that Japanese policy
previously prevented any discussion of. The Japanese Self-Defense
Agency recently has evinced an interest in acquiring dedicated
military spy satellites, for example. Given Japan's plans to use
hundreds of tons of weapons-usable plutonium in its civilian
reactor program and its demonstrated long-range rocket capabilities
(and in March, the launching of a new rocket, the H-2, with a
reentry vehicle), a key concern is whether or not Japan might
develop a strategic military capability in response to the Chinese
and North Korean threats.
Such a militarization would almost certainly prompt other
nations in the region literally to go both nuclear and ballistic.
Among the most likely nations to take this course would be South
Korea, Taiwan, and, in time, Indonesia. Any of these actions would
constitute a major security crisis for the U.S. and the security
alliances we have maintained in the region for more than 30 years.
National defense spending and the fear of war would increase all
along the Pacific rim. This, in turn, would likely prompt economic
protectionism to help pay for the military buildup and undermine
the kind of Asian market access that the U.S. economy will need in
order to grow in the l990s.
How Export Controls Can Mitigate These
Threats
No one would argue that export controls, sanctions, and customs
enforcement are the only or even the prime tools for addressing
these kinds of threats. Diplomacy, economic and military policy all
must play a role. Yet it would be a mistake to dismiss the
importance of export controls, sanctions, and customs enforcement
in influencing events and buying time for the other elements of our
foreign and military policies to work against proliferation.
Perhaps the most important role export controls play in the
fight against proliferation is the distinction they make between
legitimate and illegitimate trade. This distinction is critical to
any legal effort to interdict the activities of exporters who
choose to falsify the end users or final destinations of licensed
items being exported or who export strategic technology or hardware
without licenses.
By this standard, the more export controls there are, the more
narrowly confined is the scope for illicit activity and conversely,
the fewer controls there are, the broader the scope for such
activity.
This may seem to be an academic point; it's not. For many years,
the office I directed in the Pentagon worked with other Missile
Technology Control Regime (MTCR) nations in Europe to prevent
technology and hardware from contributing to a multinational
missile project based in Argentina known as the Condor II missile
program. The Condor II was a version of the most advanced ballistic
missile in the world, the American Pershing II, and was being built
for Egyptian and Iraqi customers.
The project attempted to procure technology and hardware from
Europe and the U.S. through a complicated procurement scheme that
frequently involved the falsification of export licenses both here
and in Europe. Because most European nations required missile
technology exports and imports between their nations to be
licensed, though, it was possible to interdict these shipments
whenever the phony end users and destinations were found out. In
fact, the licensing process itself became an important ingredient
in the intelligence effort directed against the program. Finally,
the interdiction effort against Condor II was so successful that it
was possible for our diplomats to get Egypt and Argentina to agree
to halt the program.
In the future, successes like this may be far more difficult to
accomplish. There is talk in the U.S. of making all trade in MTCR
items license-free among MTCR nations, of expanding the MTCR's
membership, and even of assisting rocket programs so long as they
are professed to be "peaceful." Any and all of these "decontrols"
would have made termination of Condor II virtually impossible.
Another advantage of export controls and effective customs
enforcement is that they can help protect the good reputation of
honest firms that have no desire to promote proliferation. Just
before Desert Shield there was an example of this. A U.S.
manufacturer had one of its exports to Iraq blocked because U.S.
intelligence had determined that it would contribute to Iraq's
nuclear weapons manufacturing capability. The shipment was held up
and never sent.
Several German firms making a similar product were not so lucky.
Their government saw nothing wrong in making such sales to Iraq.
The firms made the exports, immediately received unfavorable press,
and subsequently had to restructure their corporate boards to
demonstrate resolve to prevent such shipments in the future. In
addition, they were forced to retain expensive legal counsel in the
U.S. to explain their actions to Congress and Bush Administration
officials who were considering barring them from doing business in
the U.S. Given this episode, the German government chose to adopt
more extensive export controls in l99l similar to our own.
This, then, brings us to the utility of sanctions against
foreign entities that proliferate. These have rarely been employed
-- twice against the Chinese, once each against South Africa and
Israel, Russia and India. All the sanctions were for missile
proliferation-related activities. In fact, when Congress first
enacted U.S. missile sanctions legislation in l990, most State and
Commerce Department officials were opposed to it. Yet, less than a
year later an Assistant Secretary of State privately told me that
for all of its "unilateralism and extra-territoriality," the
legislation was a Godsend. As he explained, without the legislation
it would be impossible for him to negotiate missile proliferation
issues with any real leverage.
And it's worked. In the case of South Africa, sanctions led to
the government reconsidering and finally dropping its space launch
vehicle program. In the case of Russian cooperation on India's
rocket program, sanctions resulted in a termination of the contract
and agreement to adhere to the MTCR's guidelines. In the case of
China, sanctions have at least joined the issue of Chinese behavior
at a higher level than would otherwise be the case. Moreover, it is
quite clear that all of the sanctioned nations, including Russia
and China, care intensely about getting such sanctions lifted not
only because they want continued access to U.S. high technology and
markets, but because there is a real stigma associated with them.
In fact, as it becomes more and more difficult to totally deny
nations access to strategic technology, the importance of being
able to leverage their behavior through sanctions and export
controls is certain to increase.
These nonproliferation advantages, it should be noted, can be
enjoyed even if controls and sanctions are used unilaterally.
Certainly, multilateral controls and sanctions are more effective,
but that hardly argues against the U.S. imposing them on its own.
Indeed, more often than not, maintaining U.S. unilateral controls
has been necessary to set examples for other nations to adopt. This
was clearly the case with the establishment of the Nuclear
Suppliers' Group, which controls so-called dual-use technology and
which is based on restrictions the U.S. had established
unilaterally during the 1980s.
With no superpower alliance threatening us or our allies with
strategic war, though, it is no longer necessary to control as many
technologies as tightly as we did before. A good example here is
low- powered personal computers and less sophisticated
telecommunications equipment, both of which now constitute major
U.S. exports and which raise far fewer military concerns than they
did in the l980s. Then, even low-end computers and
telecommunications equipment were thought to be close enough to
specialized high-end versions to make their export risky. Indeed,
many officials worried that exporting these items to potential
adversaries might jeopardize America's clear lead in message code
breaking and military systems design. Today, however, the
difference between low-end computers and telecommunications
equipment and the very best is far greater, making decontrol of
items at the bottom end less risky.
This is not to argue that we can afford to decontrol these items
totally. Far from it. In fact, if we are serious about preventing
future Iraqs, these technologies will still need to be generally
controlled along with several others.
Among these capabilities are nuclear, chemical, and biological
weapons and the missiles to deliver them. Because of the harm these
weapons can inflict and our lack of truly effective defenses
against them, the U.S. must continue to show leadership in
maintaining export controls over these technologies. In specific,
the U.S. through its own domestic export controls should set the
standards for the Missile Technology Control Regime, the Australia
Group (a chemical and biological weapons technology control
regime), and the Nuclear Suppliers' Group.
Beyond controls over these items, however, the U.S. also needs
to make a special effort to protect key technologies associated
with precision guidance, stealth, air defense, and command,
control, communications, and intelligence (C3I). As Secretary of
Defense Perry recently explained in a Brookings Institution
monograph, America's lead in these technologies was the "decisive
factor" in defeating Saddam Hussein and it is critical that the
U.S. maintain its lead. Yet, it is just as clear that this same
decisive factor could be used against U.S. and allied forces.
To prevent this, the U.S. must delay potential adversaries'
access to these technologies and stay ahead in the military
deployment of newer, more effective versions.
What Changes in U.S. Export Controls Does This
Recommend?
The Clinton Administration would like to tilt U.S. policy and
export control laws towards 1) levels shared multilaterally, 2) the
creation of "license-free" zones, and 3) minimizing the
requirements for individual licenses in favor of general
distribution licensing. This "export bias" rather than "control
bias" naturally expands the scope for illicit transshipment and
diversions of strategic weapons technology executed outside of any
licensing system.
These tendencies, unfortunately, are perpetuated in the
Administration's latest draft of the Export Administration Act
submitted to Congress in February 1994. The proposal, in fact (at
Section 5(f)(4)(A)), encourages the Secretary of Commerce to
propose license-free exports among members of existing,
nonproliferation regimes such as the Missile Technology Control
Regime and Nuclear Suppliers Group. At the same time (at Section
12A(c)(A)), it eliminates current requirements that the President
impose stiff sanctions against foreign entities that sell large
missile systems in violation of the Missile Technology Control
Regime's guidelines.
Moreover, the draft proposal (at Sections 5(b) and (k))
discourages the Secretary of Commerce from extending U.S. export
controls or even maintaining existing multilateral controls. It
does this, first, by requiring that a series of demanding
presidential criteria first be met and by providing private parties
legal standing to sue the U.S. government if they believe the U.S.
has placed them at a "competitive disadvantage vis-a-vis its
commercial competitors because of (U.S.) export controls." Second,
the bill allows any U.S. exporter to ask the Secretary of Commerce
to grant relief from either unilateral or multilateral controls
merely upon a showing that other countries' "policies and
procedures" are sufficiently different regarding controls to place
the exporter at a "near-term commercial disadvantage."
Indeed, the very premise of the Administration's draft bill (see
Section 2) is that the problem is not the threat lax export
controls might pose to national security, but rather that the
"vibrancy" of the nation's economy might be undermined by export
controls that are "overly restrictive." In essence, the
Administration sees export controls, not the premature spread of
strategic technology, as the problem.
A truly balanced view would encourage officials to assess the
possible costs export controls pose on both sides of the equation
-- not just of trade gained or lost, but in terms of strategic
weapons technology diversions stemmed or gone unstopped. Just as
the most interested and informed parties -- the exporting community
and the Commerce Department -- are required in the Administration's
bill to assess the trade side of the equation, so too should the
most knowledgeable and involved parties -- U.S. Customs, the
Intelligence Community, and the Defense Department -- be asked to
assess the military and enforcement costs of proposed export
control (or relaxations thereof) and to indicate what measures
might reduce these costs. Unfortunately, there is no such
requirement called for in the Administration proposal.
Even without such an analysis, though, it's fairly clear that as
the scope for diversions and the abuse of U.S. export controls
increases, law enforcement's authority needs to be strengthened
proportionately. Pre-existing enforcement loopholes that diverters
have been using or might take greater advantage of should be
closed. One such loophole involves the U.S. mails. Diverters of
smaller high- technology items increasingly are using the U.S.
postal system to evade U.S. Customs, which is not allowed to
inspect the mails. This should be corrected.
Another enforcement reform opportunity may be found in
exporters' filing of their shipper export declarations with U.S.
Customs. Currently every export shipment, whether licensed or not,
requires a shipper's export declaration to be filed with U.S.
Customs. This declaration indicates what is being shipped (at least
in general terms) and to whom. This information, if received in a
timely fashion, can help U.S. Customs officials block illicit
exports, since they have good intelligence on bad foreign end users
and brokers.
But these declarations are sent to Customs manually and
generally are received after the shipment has been made. This paper
process, moreover, is highly inaccurate. Customs officials believe
as much as seven percent of U.S. exports (up to $40 billion in
commerce) simply goes unreported with this system.
The Customs Service wants to correct this by computerizing the
declaration process under a new program, the Automatic Export
System. Instead of sending paper after the fact, exporters would
file their shipper export declarations electronically by computer
and seek export clearance from Customs in advance of any shipment.
This is not a blue sky proposal: Australia has been using an
identical system for years now, and it works. If enough countries
followed in Australia's footsteps, computerized intelligence
sharing on proliferation-related shipments would be possible.
Establishing such a system could also be a step in the direction of
one-stop licensing for U.S. exporters -- something they have all
said they want.
The current U.S. export licensing process, unfortunately, is
quite far from being anything like one-stop shopping. It isn't for
any lack of trying on the part of industry. The problem, however,
is that the exporting community wants to create such a system, in
part, to prevent or restrict the referral of their licenses to
agencies outside of the Commerce Department. They figure that the
fewer the referrals are, the greater and quicker approvals will
be.
This is the wrong approach, particularly as proliferators rely
increasingly on sophisticated transshipment schemes for dual-use
items. To deal with this challenge, more, not less referral of
export licenses to other agencies to check for possible military
end use is desirable. As for industry's fears that this would only
further delay decisions on their licenses, these concerns can be
addressed by creating a single, unified computer license entry
system.
Under such a system, all interested agencies could review
licenses without waiting upon the Commerce Department or the Energy
Department to screen them and distribute copies of the licenses
they think deserve referral and review.
Nor would the current time-consuming, low-level interagency
license review meetings be as necessary. In fact, automatic,
comprehensive, computerized license referrals should make it
possible to shorten the existing deadlines for license review.
Again, this is not a pipe dream. In fact, attempts have been
made to devise such a system in the past. One such program was High
Track 90, an expedited interagency referral process. Despite its
success, it was viewed with suspicion by the Commerce Department
and was eliminated in budget cuts. Instead of cutting such
programs, Congress should fund them and authorize universal,
automatic, comprehensive referral of all export licenses to the
agencies authorized to review licenses that the Commerce and Energy
Departments currently screen for their consideration.
Some, of course, would argue that this is unnecessary, that all
we need to worry about is strategic technology being shipped to bad
destinations. Only these licenses, they argue, should be referred
to other agencies for review. Yet, if Congress is serious about
preventing strategic technology from going to bad end users, as it
should be, it must understand that destination-driven controls are
woefully inadequate to this task. The key reason why is the
increasing number of diverters or transshippers who get licenses to
export strategic technology to legitimate destinations only to have
these exports reshipped again to other destinations until they make
their way to forbidden locales.
We may think we are doing enough by telling exporters not to
directly ship anything to proscribed destinations, but indirect
shipment increasingly is the problem. Without clear requirements
for U.S. consent prior to reshipment of U.S.-controlled items, U.S.
Customs and Justice Department officials are without the legal
tools either to investigate or to prosecute foreign diversions of
U.S. goods.
This recommends requiring a license for any item no matter where
it is being shipped if it is one we do not want a bad destination
or project to receive. It also recommends maintaining and expanding
as much as possible the current requirements that the importer
secure U.S. consent before he retransfers the item to another end
user. Although onerous, maintaining these requirements will keep us
honest about what we truly want to control and what a serious
control effort actually requires.
Finally, more, not less attention needs to be paid to U.S.
sanctions for export control violations. One sensible way this can
be done is by sanctioning foreign entities that choose to undermine
unilateral U.S. export controls. The logic behind such sanctions is
simple: If U.S. export controls deprive U.S. firms of trade that
foreign firms exploit, these foreign firms should have to pay a
price as well.
One suggestion receiving Congressional consideration is to give
U.S. firms legal standing to demand that the U.S. government cut
off access to the U.S. market to any foreign firm undermining
unilateral export controls. The advantage of this approach is that
it encourages private industry to make sure that any unilateral
U.S. controls have an effect not just on U.S. firms, but on foreign
ones as well.
Of course there are many proliferating nations, such as North
Korea, Russia, Iran, and Iraq, that would hardly be hurt by being
cut off from access to the U.S. market. And as noted before, China
is a special case where cutting off trade might hurt us nearly as
much as them. For these cases, threatening to cut off access to
high technology from the U.S. and other Western nations would be
much more pertinent.
What Our Policy Should be Towards CoCom's
Successor
No discussion of U.S. export control policy would be complete
without some preliminary consideration as to what CoCom's successor
organization should be. Here several issues deserve attention.
First, CoCom's successor should not attempt to reinvent or overtake
the activities of the Missile Technology Control Regime, the
Australia Group (which controls chemical and biological
weapons-related materials and technology), or the Nuclear
Suppliers' Group. There may be overlap between the CoCom successor
organization and these groups as far as what items are controlled,
but the key purpose of CoCom's successor should be different. Where
nonproliferation control regimes focus on curbing trade in weapons
of mass destruction and the means for their delivery, CoCom's
successor should be concerned, as CoCom was, with controlling a
much broader list of military-related items and technologies.
One of the key reasons why the organization should have this
broader objective is so it might serve as an agent for arms control
in the Middle East and as potential lever against the bad behavior
not only of rogue states such as Iran and Iraq, but of the former
Soviet republics and China. It is becoming increasingly clear that
both China and Russia are quite anxious about maintaining access to
U.S. and Western high technology to modernize their nations'
economies.
On the other hand, U.S. threats to cut off trade with Russia or
China are far less of a worry for either nation. In the case of
Russia, there is not that much trade to begin with and what trade
there is is mostly one-way from the West to Russia. In the case of
China, the trade imbalance is so unfavorably in her favor, cutting
off trade would harm the U.S. more than China. Threatening to cut
off or curtail these nations' access to Western high technology, on
the other hand, has already been imposed on several occasions and
is something both China and Russia worry about.
Keeping in mind the long-term proliferation threats noted above
and China and Russia's key role in determining their likelihood,
the CoCom successor organization should be modeled in such a way
that it can be used, if necessary, to leverage both these nations'
behavior. To the extent Russia and other former Soviet republics
are allowed to participate in a CoCom successor organization, their
continued participation (and, thus, their continued free access to
most con- trolled items) should be conditioned. This could be done
by stipulating that violating the organization's guidelines or
threatening the security of any other member could serve as grounds
for expulsion.
Beyond this, the CoCom successor organization needs to be
effective in controlling military commerce with rogue nations. In
this regard, the U.S. should not only insist on the explicit
listing of Iran, Iraq, Libya, and North Korea as proscribed
destinations for exports of controlled items, but require the most
advanced arms supplying members of the CoCom successor organization
to notify all others whenever they intend to ship key sensitive
items to the Middle East, South Asia, or China.
Finally, the U.S. should ask the successor organization to adopt
a no undercut rule on any member nation's denial of listed items to
any destination. This would prevent other member nations from
undercutting any member's denial of an item by selling it
themselves, such as might occur in the future with U.S. sanctioning
of high technology to nations such as China.
Much more specific restrictions, of course, should also be
agreed to. Certainly, before Congress passes anything close to the
Administration's draft Export Administration Act, CoCom's successor
should be up and operating first. The reason why is simple: The
Administration's draft refers to the desirability of multilateral
controls over 40 times and implicitly presumes that the relaxation
of U.S. unilateral controls should proceed given increased reliance
on multilateral controls. Congress, though, still doesn't know what
these multilateral controls are going to be. Before it writes the
executive branch a blank check of export control authority,
Congress should get the answers.
Some argue that it is unnecessary to worry this much about
export controls. The Cold War, after all, is over. We won Desert
Storm. To those who would make this case, though, it is important
to emphasize our experience with Iraq and the problems it and
nations like it are likely to present in the near future. Indeed,
despite what anyone might argue today, Desert Storm was no picnic
and letting a future Iraq -- or Iran, or North Korea -- acquire
advanced technology for war is something well worth the effort to
avoid and something we are sure to be tested on sooner rather than
later.
© 1995 Persimmon IT, Inc.