Combating Proliferation of Weapons of Mass Destruction

Department of CommerceThe Bureau of Export Administration (BXA), within the Department of Commerce,establishes, manages, and enforces export controls on dual-use goods and technologies.These export controls are established and implemented for reasons of national securityand foreign policy, including combating the proliferation of weapons of mass destruction.In addition, these export controls are established pursuant to our role as signatory toproliferation-related treaties (the Nuclear Nonproliferation Treaty and the ChemicalWeapons Convention) and membership in various proliferation-related regimes (e.g., theNuclear Supplier’s Group and the Missile Technology Control Regime).The underlying statutory authority stems from the Export Administration Act of 1979, asamended (50 U.S.C app. §2401-2420). In an effort to separate the export control functionfrom the trade promotion function, the EAA was amended in July 1985 to designate theposition of Under Secretary of Commerce for Export Administration to carry out allfunctions of the Secretary of Commerce as set forth in the EAA. This change gave anindependent voice to Commerce’s export control agency and elevated the agency to thebureau level.The EAA expired on September 30, 1990, and except for two short periods when the EAAwas extended (3/27/93-6/30/94 and 7/5/94-8/20/94), the Export AdministrationRegulations (effective 3/25/96, 15 CFR §§734-774) have been continued in force by aseries of executive orders issued by Presidents Bush and Clinton under the authorityinvested in them by the International Emergency Economic Powers Act.The Bureau of Export Administration, with the exception of the Critical InfrastructureAssurance Office and the Office of Antiboycott Compliance, is almost exclusively devotedto non-proliferation efforts. There are approximately 320 employees of BXA whoadminister and enforce the U.S government’s dual-use export control regime. BXA’sfunding for non-proliferation activities is approximately $43.7 million for fiscal year 1999,with a request for approximately $51.1 million for fiscal year 2000.BXA is divided into two major organizations, Export Administration and ExportEnforcement. In addition, within the Office of the Under Secretary for ExportAdministration, there is the Non-proliferation and Export Control Cooperation Office(NEC).Export AdministrationThe Export Administration Act directs the Secretary of Commerce to establish andmaintain a list of goods and technologies which require an export license for export fromthe United States. Export Administration (EA) is responsible for formulating a list of79