Export of Dual-Use Items
The dual-use items are goods that are used for peaceful purposes, but can be used for military purposes either. These products include certain types of raw materials, equipment, technologies as well as the scientific information that can be used in order to create weapons and military equipment, missiles, nuclear and biological weapon.
The U.S. government controls the export of the equipment, software, and technologies, the trade of which can be related to the issue of national security. The export control system is one of the tools which help the U.S. government to ensure national security by limiting the access to the most strategic technologies and arms. It helps to provide stability in the region. Considering the factors related to the protection of human rights, it prevents the leakage of weapons and technology, including weapons of mass destruction, to the abettors of international terrorism. The U.S. export procedure is held in compliance with the U.S. international obligations, including non-proliferation regime as well as the UN Security Council sanctions and Resolution 1540.
Let us look closer at the dual-use items export procedure on the example of the Helicopter S-58C (Sikorsky) and Potassium fluoride. Both of the products can be used either in peaceful or in military purposes. Helicopter S-58C (Sikorsky) is widely used throughout the world not only as a mean of warfare, but also as a unique civil transportation device. The military and civil versions of the helicopter have slight differences so that the helicopter can be easily used in any area. Potassium fluoride is widely used in the field of synthetical organic chemistry, especially in the field of manufacturing, synthesis and refining. However, it can also be used in the production of chemical weapons.
According to the U.S. law on the control of arms exports, all physical or legal entities involved in the production, export or brokering of activities related to the goods or services of the defensive nature must be registered with the U.S. government. International Traffic in Arms Regulations sets out the requirements for obtaining the license or other authorization in order to provide the specific export transactions of goods or services of a defensive nature.
The Export Administration Act of 1979 (with amendments and considerations) provides the U.S. Department of Commerce the power to regulate the export or re-export of goods, software and technologies of dual appointments made in the USA on the basis of the consultation with other relevant agencies. In addition to multilateral regimes of export control established by the Export Administration Regulations (EAR), the Department of Commerce imposes some of the constraints on the export and re-export on the basis of the of foreign policy requirements. These restrictions are related to the countries that are defined by the U.S. Secretary of State as those which fund the international terrorism, as well as some countries, organizations and individuals that are subjects to unilateral U.S. or UN sanctions. In addition, the Department of Commerce establishes and implements regulations to prohibit the certain commercial transactions with countries, organizations and individuals on the basis of the Trading with the Enemy Act and the International Emergency Economic Powers Act.
The regular practice implies that the exporters should submit the export license application for any product included into the list of the dual-use items to the appropriate agency. Typically, an application for a license goes through the comprehensive review process, including consideration of relevant U.S. government agencies such as the Department of Defense, the Department of Energy, the intelligence agencies and the National Aeronautics and Space Administration (NASA) and concerned offices of the State Department.
The U.S. control systems of weapons and dual-use items export provide exemption from licensing in cases the Government determines that a particular object, property, end-use and end-user do not create risks.
In fact, the United States are working on prevention of the transfer of arms and weapons of mass destruction to countries of concern, as well as in regions of conflict.
