Combating Proliferation of Weapons of Mass Destruction

Chapter 4Export ControlsThe most effective measures to combat proliferation are those that persuade governmentsnot to acquire weapons of mass destruction. To the extent such restraint is lacking, exportcontrols can reinforce other measures aimed at combating proliferation.Profound and fundamental changes in the sources of technology for militaryapplication have occurred. To an increasing degree, enabling technology for advancedmilitary capabilities is drawn from the commercial sector. The defense industrial sectoris no longer the leading developer in areas crucial to military performance such astelecommunications, computation, microelectronics, etc. Moreover, these technologiesare available from suppliers throughout the world. This worldwide commerce in advancedtechnology is helping to sustain U.S. economic growth and the technology leadership thatis critical to our military strength. But it is also intensifying the problem of proliferation.The export control system needs to adapt to these changes if it is to contribute tocombating proliferation effectively. This can be accomplished by refocusing the exportcontrol system from broad-based, technology-driven controls to limiting or denying accessto proliferation-enabling technologies by potential proliferators. Reinforced by thecoordinated employment of other policy instruments available to the US Government,ranging from diplomacy to arms transfers, export controls can provide leverage to theseinitiatives to achieve U.S. goals in combating proliferation.Export controls have made—and continue to make—significant contributions to combatingproliferation. This is done in three ways. First, the very process of developing exportcontrols within a nation, or negotiating export controls multilaterally, educates governmentofficials and individual companies about technologies, materials, and equipment that couldbe diverted for proliferation-related purposes. Doing so facilitates the broad-basedvoluntary compliance by exporters without which no system could function effectively.Second, export controls, and the enforcement apparatus that supports them, can preventdangerous goods from reaching their intended destinations. In this connection, theCommission acknowledges the determination and creativity in enforcing export controls byU.S. officials.Third, export controls provide a legal basis for punishing violators. For those exporters whofail to comply, violation of export controls may result in fines, denial of export privileges, orin extreme cases, prison sentences.Export controls properly administered will continue to be one of the principal tools incombating proliferation.37