March 11, 2002

MEMORANDUM TO: OPINION LEADERS

FROM: TOM DONNELLY, Deputy Executive Director

SUBJECT: Export Controls

Despite the attacks of September 11 and President Bush’s war leadership since, much of the government has yet to agree that national security is again the federal government’s top priority. In particular, limiting exports of high-technology goods made by civilian industry but with military applications has proved unpopular. When it comes to these “dual-use” technologies, trade still trumps security.

Indeed, it appears now that the House Armed Services Committee, led by its chairman, Rep. Bob Stump, is the last line of defense against technology transfers that are at the heart of the problem of proliferation -- these are the capabilities most sought by America’s enemies. Last week the committee passed a bill, H.R. 2581, described by Defense News as being “in sharp contrast to legislation passed in the Senate last year that would loosen restrictions on experts of items with both civilian and military applications.” The HASC’s version also strengthens the initial bill approved by the House International Relations Committee last July.

These various pieces of legislation are attempts to reauthorize the Export Administration Act. The EAA originally was intended to limit weapons transfers to the Soviet Union, but remains relevant in a world of proliferating weaponry. During the Clinton Administration, the Commerce Department dominated export control policy at the expense of the Defense and State departments and, as a result, trade interests took precedence over national security concerns. To correct this bias within the government, the “Stump Amendment” would require the secretary of defense to concur in any export licensing decisions and before any “dual-use” items can be decontrolled. It also preserves the “national security control list” of technologies and returns jurisdiction for satellite exports -- one of the most hotly contended issues -- from Commerce to the State Department.

To preserve any useful purpose to a reauthorized EAA, Chairman Stump will need the courage of his correct convictions. In the Senate, the small handful of stalwarts who have opposed loosening dual-use trade will be hard hit by the announced retirements of Sens. Jesse Helms and Fred Thompson. Inexplicably, the Bush Administration has continued Clinton-era policy. As in the Cold War, part of any victory in today’s “war on terrorism” and the states that support them lies not only in defeating our foes on the battlefield but in denying them the means to strike us in the first place.