S.1712 would confirm in law the Clinton-Gore practice of precluding executive branch agencies responsible for national security from exercising real influence over the export control process.
The U.S. government argues that it needs to control the export of strong encryption for national security purposes to fight terrorism.
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In addition, the Secretary of Commerce should be required to obtain the concurrence of the Secretary of Defense on a wide range of export control matters with implications for U.S. national security, not simply be required to consult with him as is currently the case.
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Such guidance, I believe, would solve the narrow case-by-case export control process which does not reflect a cohesive approach to national security.
On April 18, 2011, I signed Executive Order 13570 to take additional steps to address the national emergency declared in Executive Order 13466, and expanded in Executive Order 13551, to ensure the implementation of the import restrictions contained in United Nations Security Council Resolutions 1718 and 1874 and complement the import restrictions provided for in the Arms Export Control Act.
The Secretary of Commerce should be obliged to obtain the consent of the Secretary of Defense as to items on the Control List -- the list of goods and technologies whose export is restricted for national security purposes.
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Under no circumstances should the United States assent to German demands for further liberalization of the multilateral export control regime unless and until Bonn can demonstrate the adoption of a far more conscientious technology security policy and effective enforcement of existing arrangements.
The Center for Security Policy today expressed incredulity that despite mounting congressional and press criticism concerning current, deficient U.S. export control policies the White House is allowing still more radical dismantling of the existing multilateral technology security regime to proceed apace.
Particularly coming, as it does, in the wake of two years' worth of Congressional hearings detailing a variety of export control problems -- from satellite licensing scandals to export control administration problems, and high-performance computer exports to alleged abuses of Commerce Department discretion in the export control process -- we believe that S.1712 fails to protect U.S. national security interests.
CENTERFORSECURITYPOLICY: United States Senate
Washington, DC 20510
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