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- Export-Import Bank
- The Export-Import Bank, also known as Ex-Im Bank, provides loan guarantees to banks that in turn provide loans to countries purchasing U.S. exports. The bank is prohibited by its charter from providing loans for defense products, but there are exceptions for equipment that will be used to support drug-control programs and for exports of non-lethal defense articles for which the primary end use is civilian in nature. More information is available at www.exim.gov.
- European Union China Sanctions
- On June 27, 1989, following the Tiananmen Square Massacre, the EU passed a declaration that, among other provisions, imposed an embargo on trade in arms with China. As with the EU Code of Conduct on Arms Exports, the embargo is considered politically, but not legally, binding. Furthermore, the question of what is included in an arms embargo is left to the individual member states, some of whom take a narrow interpretation that arms equate to lethal hardware, others to a more expansive view that they include all manner of equipment for the Chinese military. The EU has for the past year discussed terminating the embargo and replacing it with a tougher general Code of Conduct, but disagreement among member states, strong opposition from the U.S., and the fallout from Chinese statements on Taiwan have postponed any such action.
- European Union Code of Conduct on Arms Exports
- On June 8, 1998, EU members endorsed a Code of Conduct on Arms Exports that provided eight criteria that member states were to use in determining whether to allow an arms transfer. The code also included 22 Military List Categories of items to be controlled. Member states are to inform each other through diplomatic channels of licenses denied, and any country deciding to grant a license for a similar product is to first consult with the denying country. It should be noted that defense trade issues, as other security matters, come under the jurisdiction of individual EU member states, not the EU itself. Thus the code is considered politically binding, but not legally binding.
- Export Administration Act
- Provides authority for the executive branch to control the export of commercial dual-use goods and underlying technology. Such products are controlled under one of two authorities. Under Section 5 of the act, controls are imposed to protect the security interests of the U.S. Such controls are generally imposed on products on the Commerce Control List (CCL) to countries of concern such as China. Under Section 6 of the act, controls are imposed on a wider range of products for foreign policy reasons, such as the embargo on Cuba. Since the end of the Cold War, Congress has frequently allowed the EAA to lapse as there has been no agreement on revising the EAA to meet current conditions. The act last expired on Aug. 21, 2001. Under such circumstances, the provisions of the act are enforced by executive order under the authority of the International Emergency Economic Powers Act (IEEPA).
- Export Administration Regulations (EAR)
- The regulations promulgated by the Commerce Department to implement the EAA. The EAR is the basic document used by companies to understand licensing and reporting requirements to conduct export and international cooperative activities related to dual-use items and technology. The EAR contains the Commerce Control List (Part 774 of the EAR) which itemizes the dual-use articles and services that are controlled.
- Excess Defense Articles (EDA)
- Defined as defense articles that are owned by the U.S. government and determined to be in excess of military requirements (Section 644(g)) of the AECA. The U.S. may sell such articles to foreign customers, or provide them on a grant basis. DoD is required to assure that such transfers will not have an adverse impact on the ability of U.S. companies to sell comparable equipment to the same countries.
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