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Hastings International and Comparative Law Review

Abstract

United States export control laws govern the majority of trade in dual use and defense related items and services between the United States and its major trading partners. The present system requires licenses and reexport authorization for the goods which are traded. For several years, however, United States trading partners have objected to the reach of these laws and United States industry has complained of the competitive disadvantage to which these laws subject many international companies. The onset of the economic integration of Europe, an integration which will result in the world's largest market, has refocused United States congressional and executive branch attention back on the antiquated export control system. In partial response to this integration, the United States has implemented, and will continue to implement, major changes in the export control framework, not the least of which is a reduction in the various control lists governing exports, a concomitant reduction in the numbers and types of licenses required for trade with the European Community, and a greater utilization of COCOM as an effective tool to control diversion of goods to the Soviet Union.

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