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INTRODUCTION
CONCLUSION
By : Divyang K. Chhaya
Introduction
all three domains, as most LDC's have to import almost all forms
which allows the U.S. to locate and track or trace Soviet sub-
Controls.
leads on which the United States and its allies depend to deter
for European sector also as in most of the post war period, NATO
edge over the Warsaw Pact has become even more crucial to
action[19].
cies[22].
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Footnotes
The CoCom decisions gain legal force only when its member
conditions are met; (3) One Time Review and Listing, (the 45
a monthly basis[7].
China since past more than ten years, CoCom has also begun
their sovereignty[9].
NATIONAL SECURITY
The Export Controls Act of 1949 [15] was mainly for protection
tration regulations.
to be restricted[23].
international reputation.
POLICY
scarce materials.
FOOTNOTES
9. Kincannon, The Dresser Case: One Step Too Far, 5 N.Y.L. SCH.
J. INT'L. & COMP. L. 191 (1984).
Therefore, how ever rarely, the export controls are also used
for achievement of political ends necessary for the governance
of the nation. President also uses financial controls in
transnational transactions to be effective in curbing
international terrorism, under the provisions of the Foreign
Assistance Act of 1961 section 620 (e) at 22 U.S.C. section 2370
(e) (1) (1982).
17. CONF. REP. No. 681, 91st Cong. 1st Sess., 1969 U.S. CODE
CONG. & ADMIN. NEWS 2716, 2719-20. See H.R.Rep.No. 524, 91st
Cong. 1st Sess. (1969); U.S. CODE CONG. & ADMIN. NEWS 2705-10.
23. 50 U.S.C. app., section 2404 (f) (5) (Supp. III 1985).
26. Id. section 2403 (a) (2) [Supp. III 1985]. National security
controls are guided by section 2404 (e) (1982 & Supp. III 1985).
27. Id. section 2402 (2) (A) (1982), 16 WEEKLY COMP. PRES. DOC.
32 (Jan.7, 1980). President Carter's agricultural embargo
against Soviet Union was justified as a national security
control. However, now the position of such embargo is distinct;
See 50 U.S.C. app., section 2404 (q) (Supp. III 1985).
29. 50 U.S.C. app., sections 2404 (i) (k) (1982 Supp. III 1985).
The Coordinating Committee on Multilateral Export controls. Its
member states are Japan and all NATO states, excluding Iceland.
See BUS. AM., Mar. 2, 1987, at 13; See also U. TOL. L. REV. 1285
(1983).
30. 50 U.S.C. app., sections 2404 (b) (1) (A) - (F) (Supp. III
1985).
31. Id. section 2402 (2) (B), 2405 (1982 and Supp. III 1985).
33. Id. section 2402 (7) (Supp. III 1985) and section 2402 (13).
34. Id. section 2405 (b) (1) (A)-(E) and 50 U.S.C. app., section
2405. (e) (Supp. III 1985).
JURISDICTIONAL ISSUES IN TECHNOLOGY EXPORTS
U.S. policies.
licence i.e. GCG license [11] and G-CEU license[12]. The former
cooperating government.
Arrow[14].
TECHNOLOGY TRANSFERS
Western and Eastern nations have now realized the necessity of
exports.
and liberal the potential adversary may get armed against U.S.,
Electronics Association[20].
FOOTNOTES
4. Federal Law of Dec. 12, 1984, amending the Foreign Trade Act
of 1984, at 25 I.L.M. 848 (1986). This law was enacted to effect
U.S. approval for an Austrian - U.S. High Tech, joint venture.
See J.Tuck, High-Tech. Espionage 198-99. (1986).
10. Boston Sunday Globe, Feb. 22, 1987, at A 16, col. 1, The new
British rules have relaxed its protest for commercial
considerations balanced with British nationalist concerns. Id.
at A 17, col.3.
14. Id. at 69. Created in Nov. 1983 with nine Customs agents and
three specialists from the Trade and Industry Department.
Project Arrow operates as a Customs and Excise unit.
15. Jay Tuck mentions:- "The same squeeze was soon applied to
the government of Sweden. Stockholm was reminded that crucial
components for Swedish Air Force fighter-interceptors were made
in U.S.A. If deliveries were to continue, cooperation was
expected. In April 1984, after years of futile negotiations on
the Datasaab Case .....the Swedish Foreign Office finally
declared it [Datasaab] was prepared to pay a civil penalty of $1
million, Id. at 199. See also Folsom, M. Gordon,
R.J.Spanogle, Int'l. Business Transactions. 614-15 (1985).
17. H.R. 1141, 100th Cong., 1st Sess. 133 CONG. REC. H. 733
(1987),elimination of requirement for reexport licenses within
CoCom, from CoCom and from countries with CoCom type
arrangements, 4 INT'L. TRADE REP. (BNA) 254 (1987).
18 S.547, 100th Cong. 1st Sess., 133 CONG. REC. S. 2228 (1987),
reexport control provisions to prohibit their use for resale
within COCOM countries, and to prohibit them in certain parts
and components.
19. S.652, 100th Cong., 1st Sess., 133 CONG. REC. section 2628
(1987), review of goods shipped to unreliable end user`s by
Commerce Department.
CONCLUSION
domestic economy.
Such export controls are now common in both Western and Eastern
in EAA.
communist countries.
reexports.
Future
legislation also.
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