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GAO Finds Gap in U.S. Export Controls | Arms Control Association                                                                                                  25/10/2011 16:05



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    Arms Control Today               Arms Control Today » July/August 2009 » GAO Finds Gap in U.S. Export Controls
    Issue Briefs                                                                                                                                           My Account
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                                     GAO Finds Gap in U.S. Export Controls                                                                                 Today Digital Edition
                                                                                                                                                           Username:*
    Reports                          Emma Ensign

    Subject Resources                Sensitive dual-use and military technology can be            Latest ACA Resources                                     Password:*
                                     easily and legally purchased within the United States
    Country Resources
                                     and illegally exported without detection, according to     Export Controls
    ACA Events                       a report issued by the Government Accountability                                                                        Log in
                                     Office (GAO) last month.                                    The Australia Group at a Glance
    Press Room                                                                                   (December 31, 2010)
    Interviews                       Using a fictitious front company and false identities,        Obama Easing Export Controls on India
                                                                                                                                                           ACA: Four
                                     the GAO was able to purchase dual-use technology              (December 2010)                                         Decades of
                                     such as electronic sensors often used in improvised                                                                   Accomplishment
                                     explosive devices, accelerometers used in "smart"
                                     bombs, and gyro chips used for guiding missiles and military aircraft. The GAO was also able to export the            Click here to see
                                     technology without detection to a country that it identified only as "a known transshipment point for terrorist       highlights - 1971-2010.
                                     organizations and foreign governments attempting to acquire sensitive technology," the GAO's Gregory
                                     Kutz said in congressional testimony June 4. Kutz, managing director for forensic audits and investigations,
                                     was a witness at a hearing of the House Energy and Commerce Subcommittee on Oversight and
                                                                                                                                                           ACA In The News
                                     Investigations, which had requested the GAO probe.
                                                                                                                                                           IAEA Assessment to
                                     Although items such as the ones the GAO purchased are often subject to export restrictions under the                  Avoid Asserting Iran
                                     Commerce Control List or the Department of State's U.S. Munitions List, they can be legally obtained from             Nuke Push
                                     manufacturers and distributors within the United States, often with only a name and a credit card, the report         Global Security Newswire
                                     said. According to the report, the items have been and continue to be used against U.S. soldiers in Iraq and          October 25, 2011
                                     Afghanistan. Access to that type of sensitive military technology could give terrorists or foreign
                                     governments an advantage in a combat situation against the United States, the report said.                            U.N. Report Seen
                                                                                                                                                           Worsening Fear Over
                                     Dual-use technology refers to technology that has both conventional and military or proliferation uses.               Iran Nuclear Plans
                                     Machinery such as a triggered spark gap, for example, can be used as a high-voltage switch for medical                Reuters
                                     applications and a detonator for a nuclear weapon, the report said.                                                   October 25, 2011

                                     The report cited officials from several government agencies as saying there is no practical way to prevent            Signs of big power
                                     such products from leaving the country after they have been purchased by a domestic buyer. The report                 divisions over Iran
                                     noted that although regulations are in place to prevent improper use of dual-use and military technology,             nuclear report
  Register for Arms Control          these regulations focus on controlling exports rather than on securing domestic sales. Currently, there are           Reuters
  Association e-mail updates         no legal requirements for the sellers of dual-use or military technology to conduct background checks on              October 21, 2011
  Email:                       Go
                                     prospective domestic customers.
                                                                                                                                                           Beyond Viktor Bout: How
                                     The GAO report highlights "an enormous loophole in the law," Rep. Bart Stupak (D-Mich.), chairman of the              to stop the next 'Lord of
                                     oversight subcommittee, said in a statement at the hearing. "The stakes cannot be higher."                            War'
                                                                                                                                                           The Christian Science
                                     According to the report, seven of the 12 types of sensitive dual-use and military items obtained during the           Monitor
                                     investigation have previously been the focus of criminal indictments and convictions for violations of export         October 19, 2011
                                     control laws. Additionally, a 2008 report by the U.S. Army War College's Strategic Studies Institute revealed
                                     attempts by North Korea to procure dual-use technology from foreign sources for use in that country's                 Iran and the Bomb: How
                                     guided missile program.                                                                                               Far Away is Iran from
                                                                                                                                                           Producing a Nuclear
                                     Although there are programs in place to educate manufacturers and distributors on common risks                        Weapon?
                                     associated with the sale of military or dual-use technology, the lack of controls in place to regulate domestic       OilPrice.com
                                     sales limits the effectiveness of such programs, the GAO report said.                                                 October 18, 2011
                                     The report suggests that restricting domestic sales of dual-use and military items could be key to
                                                                                                                                                           U.N. Agency to Air Data
                                     preventing the illegal export of such technology.
                                                                                                                                                           on Iranian Nuclear
                                     Seeking a Balance                                                                                                     Missile Concerns
                                                                                                                                                           Global Security Newswire
                                     Many U.S. companies balk at the prospect of more export controls, arguing that they are obstacles to                  October 11, 2011
                                     success in the global market. At the confirmation hearing of Rep. Ellen Tauscher (D-Calif.), whose
                                     nomination to be undersecretary of state for arms control and international security was approved by the
                                     Senate June 25, Sen. Benjamin Cardin (D-Md.) expressed such concerns.

                                     Because "a lot of technological growth is international," companies would suffer if they "are prohibited from
                                     being engaged internationally," he said. Their viability and their "ability to create new technologies to make
                                     us safe" would be "compromised if those companies were to relocate in other countries that don't have the
                                     same restrictions [as the United States] because they have modernized their national security
                                     assessments" that are the basis for export controls, he said at the June 9 Senate Foreign Relations
                                     Committee hearing. He asked Tauscher to "review these programs to make sure that we're not
                                     disadvantaging American companies" but also to avoid any action that would be "inconsistent with our
                                     national security interests, which obviously comes first."

                                     Tauscher said she planned to review U.S. export control policies. She stressed her commitment to
                                     protecting dual-use technology on national security grounds, a stance echoed by the GAO report, which
                                     stated that "ensuring the effective protection of technologies critical to U.S. national security" was now
                                     considered a "high-risk area." However, like Cardin, she noted the need for a balance between commercial
                                     and security interests. U.S. policy, she said, has to find the "sweet spot," at which "we are absolutely
                                     protecting the national security items, but at the same time, we're cognizant that there's a war of markets
                                     for things that can be taken off the list."

                                     The United States, which currently is the leading producer of advanced military and dual-use technology,
                                     has become a primary target for illegal procurement efforts launched by terrorists and foreign governments,
                                     the GAO report said.


http://www.armscontrol.org/act/2009_07-08/GAO                                                                                                                              Page 1 of 3
GAO Finds Gap in U.S. Export Controls | Arms Control Association                                                                                  25/10/2011 16:05


                                   Speaking at the June 4 hearing, Stupak addressed such concerns, saying he hoped to "discuss ways in
                                   which government and business can work together to ensure that our technological advantage is not used
                                   to jeopardize the safety of our troops, our allies, and our communities here at home."

                                   The issue of illegal retransfers resurfaced later in the month with the June 11 sentencing of Traian
                                   Bujduveanu, a naturalized U.S. citizen, who had been convicted for his role in a conspiracy to export dual-
                                   use aircraft parts illegally to Iran. Bujduveanu, the owner of Orion Aviation, was sentenced to 35 months in
                                   prison for helping to smuggle parts of F-14 fighter jets, Cobra AH-1 attack helicopters, and CH-53A military
                                   helicopters.

                                   The Department of Justice has publicly stated that roughly 43 percent of the more than 145 defendants
                                   charged in 2008 for violating export controls of restricted military and dual-use technology were attempting
                                   to export munitions and other restricted technology to Iran or China.


                                                                             Click here to comment
                                                                                 on this article.




http://www.armscontrol.org/act/2009_07-08/GAO                                                                                                           Page 2 of 3
GAO Finds Gap in U.S. Export Controls | Arms Control Association                                                                   25/10/2011 16:05


                                               The Arms Control Association is a non-profit, membership-based organization.
                                             If you find our resources useful, please consider joining or making a contribution.
                                            Arms Control Today encourages reprint of its articles with permission of the Editor.

                                                                 © 1997-2011 Arms Control Association
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http://www.armscontrol.org/act/2009_07-08/GAO                                                                                            Page 3 of 3

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Gao finds gap in u.s. export controls | arms control association

  • 1. GAO Finds Gap in U.S. Export Controls | Arms Control Association 25/10/2011 16:05 Home About ACA Donate Join Subscribe Contact Us Internships Career Opportunities (4) Search Printer Friendly Page | E-mail to a Friend | Adjust Text Size: Arms Control Today Arms Control Today » July/August 2009 » GAO Finds Gap in U.S. Export Controls Issue Briefs My Account Fact Sheets Read Arms Control Threat Assessment Briefs GAO Finds Gap in U.S. Export Controls Today Digital Edition Username:* Reports Emma Ensign Subject Resources Sensitive dual-use and military technology can be Latest ACA Resources Password:* easily and legally purchased within the United States Country Resources and illegally exported without detection, according to Export Controls ACA Events a report issued by the Government Accountability Log in Office (GAO) last month. The Australia Group at a Glance Press Room (December 31, 2010) Interviews Using a fictitious front company and false identities, Obama Easing Export Controls on India ACA: Four the GAO was able to purchase dual-use technology (December 2010) Decades of such as electronic sensors often used in improvised Accomplishment explosive devices, accelerometers used in "smart" bombs, and gyro chips used for guiding missiles and military aircraft. The GAO was also able to export the Click here to see technology without detection to a country that it identified only as "a known transshipment point for terrorist highlights - 1971-2010. organizations and foreign governments attempting to acquire sensitive technology," the GAO's Gregory Kutz said in congressional testimony June 4. Kutz, managing director for forensic audits and investigations, was a witness at a hearing of the House Energy and Commerce Subcommittee on Oversight and ACA In The News Investigations, which had requested the GAO probe. IAEA Assessment to Although items such as the ones the GAO purchased are often subject to export restrictions under the Avoid Asserting Iran Commerce Control List or the Department of State's U.S. Munitions List, they can be legally obtained from Nuke Push manufacturers and distributors within the United States, often with only a name and a credit card, the report Global Security Newswire said. According to the report, the items have been and continue to be used against U.S. soldiers in Iraq and October 25, 2011 Afghanistan. Access to that type of sensitive military technology could give terrorists or foreign governments an advantage in a combat situation against the United States, the report said. U.N. Report Seen Worsening Fear Over Dual-use technology refers to technology that has both conventional and military or proliferation uses. Iran Nuclear Plans Machinery such as a triggered spark gap, for example, can be used as a high-voltage switch for medical Reuters applications and a detonator for a nuclear weapon, the report said. October 25, 2011 The report cited officials from several government agencies as saying there is no practical way to prevent Signs of big power such products from leaving the country after they have been purchased by a domestic buyer. The report divisions over Iran noted that although regulations are in place to prevent improper use of dual-use and military technology, nuclear report Register for Arms Control these regulations focus on controlling exports rather than on securing domestic sales. Currently, there are Reuters Association e-mail updates no legal requirements for the sellers of dual-use or military technology to conduct background checks on October 21, 2011 Email: Go prospective domestic customers. Beyond Viktor Bout: How The GAO report highlights "an enormous loophole in the law," Rep. Bart Stupak (D-Mich.), chairman of the to stop the next 'Lord of oversight subcommittee, said in a statement at the hearing. "The stakes cannot be higher." War' The Christian Science According to the report, seven of the 12 types of sensitive dual-use and military items obtained during the Monitor investigation have previously been the focus of criminal indictments and convictions for violations of export October 19, 2011 control laws. Additionally, a 2008 report by the U.S. Army War College's Strategic Studies Institute revealed attempts by North Korea to procure dual-use technology from foreign sources for use in that country's Iran and the Bomb: How guided missile program. Far Away is Iran from Producing a Nuclear Although there are programs in place to educate manufacturers and distributors on common risks Weapon? associated with the sale of military or dual-use technology, the lack of controls in place to regulate domestic OilPrice.com sales limits the effectiveness of such programs, the GAO report said. October 18, 2011 The report suggests that restricting domestic sales of dual-use and military items could be key to U.N. Agency to Air Data preventing the illegal export of such technology. on Iranian Nuclear Seeking a Balance Missile Concerns Global Security Newswire Many U.S. companies balk at the prospect of more export controls, arguing that they are obstacles to October 11, 2011 success in the global market. At the confirmation hearing of Rep. Ellen Tauscher (D-Calif.), whose nomination to be undersecretary of state for arms control and international security was approved by the Senate June 25, Sen. Benjamin Cardin (D-Md.) expressed such concerns. Because "a lot of technological growth is international," companies would suffer if they "are prohibited from being engaged internationally," he said. Their viability and their "ability to create new technologies to make us safe" would be "compromised if those companies were to relocate in other countries that don't have the same restrictions [as the United States] because they have modernized their national security assessments" that are the basis for export controls, he said at the June 9 Senate Foreign Relations Committee hearing. He asked Tauscher to "review these programs to make sure that we're not disadvantaging American companies" but also to avoid any action that would be "inconsistent with our national security interests, which obviously comes first." Tauscher said she planned to review U.S. export control policies. She stressed her commitment to protecting dual-use technology on national security grounds, a stance echoed by the GAO report, which stated that "ensuring the effective protection of technologies critical to U.S. national security" was now considered a "high-risk area." However, like Cardin, she noted the need for a balance between commercial and security interests. U.S. policy, she said, has to find the "sweet spot," at which "we are absolutely protecting the national security items, but at the same time, we're cognizant that there's a war of markets for things that can be taken off the list." The United States, which currently is the leading producer of advanced military and dual-use technology, has become a primary target for illegal procurement efforts launched by terrorists and foreign governments, the GAO report said. http://www.armscontrol.org/act/2009_07-08/GAO Page 1 of 3
  • 2. GAO Finds Gap in U.S. Export Controls | Arms Control Association 25/10/2011 16:05 Speaking at the June 4 hearing, Stupak addressed such concerns, saying he hoped to "discuss ways in which government and business can work together to ensure that our technological advantage is not used to jeopardize the safety of our troops, our allies, and our communities here at home." The issue of illegal retransfers resurfaced later in the month with the June 11 sentencing of Traian Bujduveanu, a naturalized U.S. citizen, who had been convicted for his role in a conspiracy to export dual- use aircraft parts illegally to Iran. Bujduveanu, the owner of Orion Aviation, was sentenced to 35 months in prison for helping to smuggle parts of F-14 fighter jets, Cobra AH-1 attack helicopters, and CH-53A military helicopters. The Department of Justice has publicly stated that roughly 43 percent of the more than 145 defendants charged in 2008 for violating export controls of restricted military and dual-use technology were attempting to export munitions and other restricted technology to Iran or China. Click here to comment on this article. http://www.armscontrol.org/act/2009_07-08/GAO Page 2 of 3
  • 3. GAO Finds Gap in U.S. Export Controls | Arms Control Association 25/10/2011 16:05 The Arms Control Association is a non-profit, membership-based organization. If you find our resources useful, please consider joining or making a contribution. Arms Control Today encourages reprint of its articles with permission of the Editor. © 1997-2011 Arms Control Association 1313 L St., NW, Ste. 130 Washington, DC 20005 Tel: (202) 463-8270 | Fax: (202) 463-8273 http://www.armscontrol.org/act/2009_07-08/GAO Page 3 of 3