Columbia International Affairs Online: Working Papers

CIAO DATE: 05/2010

Export Control Reform 2010: Transforming the Legal Architecture of Dual-Use and Defense Trade Controls

Neena Shenai

February 2010

American Enterprise Institute for Public Policy Research

Abstract

This paper proposes reforms to the legal framework of the U.S. export control system. By examining the existing legal structure of dual-use and defense trade controls and its shortcomings, the paper considers how other U.S. legal regimes could provide models for ongoing reform efforts being undertaken by the Obama Administration and Congress. The paper proposes certain reforms, including the institution of added administrative safeguards and limited judicial review, to improve the current system.