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The United States has had export controls since the American Revolution, although the modern export control regimes can be traced back to the Trading with the Enemy Act of 1917. A significant piece of legislation was the Export Control Act of 1940 which inter alia aimed to restrict shipments of material to pre-war Japan.
An Export Management and Compliance Program (EMCP) is required by the U.S. Government to ensure that companies comply with export control policy for dual-use commodities, software, and technology. [1] The policies and regulations are intended to enhance national security; as well as limiting the proliferation of weapons of mass destruction.
In 1990, the United States Congress expanded IMET to include the training of international civilian personnel and courses on responsible defense resource management, respect for democracy and civilian rule of law, civilian control of the military, military judicial systems and military codes of conduct and also added human rights vetting. [5]
The Commerce Control List (CCL) identifies specific items and technologies subject to export licensing requirements. [7] Each item listed on the CCL is assigned an alphanumeric Export Control Classification Number (ECCN), such as 3A001, that describes it and indicates its licensing requirements.
The United States government has adopted two types of regulations to control exports of military-relevant items: ITAR, which cover weapons and defense articles specifically (such as missiles); and the Export Administration Regulations, which cover items that may have uses in defense articles (such as a radar component used in a certain missile).
The Office of Export Enforcement (OEE) is a agency within the United States Department of Commerce, Bureau of Industry and Security (BIS).. BIS is the principal agency involved in the development, implementation, and enforcement of export controls for commercial technologies and for many military technologies as a result of the President's Export Control Reform Initiative. [1]
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[2] [3] The FMS program was established through the 1976 Arms Export Control Act (AECA) and is overseen by the United States Department of State and the United States Congress through the annual Foreign Operations Appropriations Acts and National Defense Authorization Acts. [2] [4] The DSCA describes FMS as "a fundamental tool of U.S. foreign ...