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6 - Export Control and Economic Sanctions

Published online by Cambridge University Press:  05 June 2012

Bruce Zagaris
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Summary

Introduction

Export controls and related rules and restrictions, especially those imposed by the United States, create a “frightful labyrinth” for practitioners. In the United States, several agencies issue regulations and licenses to control exports based on different statutes. These regulations then interact with numerous free-standing pieces of legislation, many of which are not enacted as amendments to basic statutes or codified. As a result, it can be hard to find and understand the various applicable laws. In addition, the objectivity and transparency one finds in other regulatory areas are often missing from the export control area. Finally, practitioners working in the export control field often find that limitations on judicial review and judicial deference to the executive branch on matters related to foreign policy or national security result in relatively little oversight of official actions.

Economic sanctions are even broader than export controls, encompassing the imposition by governmental or international organizations of economic sanctions for noneconomic foreign policy reasons. Examples include a variety of trade and investment sanctions against apartheid-era South Africa; financial and other sanctions against Panama; measures against Libya, especially after the bombing of Pan Am Flight 103; UN sanctions against Sudanese leaders and against former Liberian head of state Charles Taylor; U.S. sanctions targeting narcotics traffickers and kingpins; and U.S. and international sanctions against persons engaged in transnational terrorism.

Type
Chapter
Information
International White Collar Crime
Cases and Materials
 , pp. 183 - 217
Publisher: Cambridge University Press
Print publication year: 2010

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References

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Coping with U.S. Export Controls 2005 (Evan R. Berlack & Christopher R. Wall eds., Practising Law Instit. 2005).
Flowe, Benjamin H., Export Compliance Guide (Export Practitioner 1995).
Hirschhorn, Eric L., The Export Control and Embargo Handbook (2000).
Judicial Review Commission on Foreign Asset Control, Final Report to Congress (3 Volumes) (Jan. 2001).
Law and Policy of Export Controls: Recent Essays on Key Export Issues (Homer E. Moyer Jr. et al., ed., Sec. of Int'l Law & Practice, Amer. Bar Assoc., 1993).
Root, William A. & Liebman, John R., United States Export Controls (3rd ed. 1996 Supplement).
Brown-John, C. Lloyd, Multilateral Sanctions in International Law: A Comparative Analysis (1975).
Carter, Barry E., International Economic Sanctions: Improving the Haphazard U.S. Legal Regime (1989).
Doxey, Margaret P., International Sanctions in Contemporary Perspective (1987).
Economic Coercion and U.S. Foreign Policy: Implications of Case Studies from the Johnson Administration (Sidney Weintraub ed., 1982).
Peter, L. Fitzgerald, Pierre Goes Online: Blacklisting and Secondary Boycotts in U.S. Trade Policy, 31 Vand. J. Transnat'l L.1 (1998).Google Scholar
Fitzgerald, Peter L., “If Property Rights Were Treated like Human Rights, They Could Never Get Away with This:” Blacklisting and Due Process in U.S. Economic Sanctions Programs, 51 Hastings L.J.73 (1999).Google Scholar
Fitzgerald, Peter L., Managing “Smart Sanctions” against Terrorism Wisely, 36 New Eng. L. Rev.957 (2002).Google Scholar
Hufbauer, Gary Clyde, Schott, Jeffrey J., & Elliott, Kimberly Ann, Economic Sanctions Reconsidered: History and Current Policy (2d ed. 1990).
Malloy, Michael P., U.S. Economic Sanctions: Theory and Practice (Kluwer Law International, 2001).Google Scholar
Malloy, Michael P., Economic Sanctions and Trade Regulation, 4 Chi. J. Int'l L.371 (2003).Google Scholar
National Institute on Economic Sanctions (American Bar Association Section of International Law 2005).
U.S. Library of Congress, Congressional Research Service, U.S. Economic Sanctions Imposed against Specific Foreign Countries: 1979 to the Present. CRS Report for Congress, 88–612 F, rvd. September 9, 1988.
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