Export Controls: Toward a Rational System for Everyone Except Toshiba, with All Deliberate Speed
![handle is hein.journals/geojintl20 and id is 379 raw text is: EXPORT CONTROLS: TOWARD A RATIONAL
SYSTEM FOR EVERYONE EXCEPT TOSHIBA,
WITH ALL DELIBERATE SPEED
ERIC L. HIRSCHHORN*
JOSEPH TASKER, JR.**
INTRODUCTION
The Omnibus Trade and Competitiveness Act of 1988 (1988 Trade
Act, or Trade Act),' makes significant changes in the Export Administra-
tion Act (EAA),' and creates a new category of U.S. sanctions against
non-U.S. firms committing no violation of U.S. law. These sanctions are
found in the Multilateral Export Control Enhancement Amendments
(Multilateral Act) and appear as sections 2441 through 2447 of the Trade
Act.' The EAA amendments appear as sections 2401 through 2433 of the
Trade Act.4
U.S. export restrictions come in many forms. For more than 40 years,
the U.S. government has recognized that advanced technology by U.S.
business and research institutions could, in the hands of adversaries, could
be used to undermine the defense of the United States. Thus, many tech-
nology exports are subject to export controls. The United States also has
recognized that, aside from advanced technology, the United States might
need certain resources in time of national emergency, leading to the devel-
opment of controls on the exports of such items when they existed in the
United States in short supply. Finally, the United States has in recent
years made considerable use of trade sanctions as a foreign policy enforce-
ment tool, leading to limitations on exports to countries adhering to
courses of action inconsistent with U.S. policy. National security and for-
B.A., University of Chicago; J.D., Columbia University; Partner, Bishop, Cook, Purcell &
Reynolds, Washington, D.C., and Executive Secretary of the Industry Coalition on Technology
Transfer (ICOTT); Deputy Assistant Secretary for Export Administration, U.S. Department of
Commerce, during portions of the Carter and Reagan Administrations; Deputy Associate Director for
International Affairs and Trade Organization, U.S. Office of Management and Budget, during the
Carter Administration.
** B.A., University of Oklahoma; J.D., George Washington University; Partner, Bishop, Cook,
Purcell & Reynolds, Washington, D.C.. The views expressed herein are solely those of the authors.
1. Omnibus Trade and Competitiveness Act of 1988, Pub. L. No. 100-418, 102 Stat. 1107
(1988) [hereinafter Trade Act of 1988].
2. 50 U.S.C. app. §§ 2401-20 (1982 & Supp. IV 186).
3. 102 Stat. 1364-70 (1988) (to be codified at 50 U.S.C. app. § 2410a, 2410a note).
4. 102 Stat. 1347-64 (1988).](ViewImageLocal?handle=hein.journals/geojintl20&div=27&collection=&method=preview&ext=.png&size=3)
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Export Controls: Toward a Rational System for Everyone Except Toshiba, with All Deliberate Speed
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