Fortress America Report Says U.S. Approach to Export Controls Hurts Economy, Needs Restructuring

Report Recommends Greater Emphasis on Competitiveness

While protecting traditional U.S. national security in export control policy is important, the report states that maintaining and enhancing the U.S.' scientific and technological competitiveness is equally important, and therefore the U.S. should (partial list):

Eliminate certain dual-use controls. Create an economic competitiveness exemption that eliminates export controls on dual-use technologies where they, or their functional equivalents, are available without restriction in open markets outside the U.S.

Subject all controlled items to "sunset" findings. The U.S. should apply "sunset" requirements to all items on export control lists that are controlled unilaterally by the U.S., and require findings to be made every 12 months that removing controls on an item would present a substantial risk to national security.

Only restrict unclassified technology in limited circumstances. Restrictions on unclassified technology should be implemented only when (i) the U.S. alone, or the U.S. and cooperating allies, possess technology that leads not only to identifiable military advantage, but to an advantage that is likely to persist for a significant period of time; (ii) the U.S. or the U .S. acting together with allies control the technology such that they can prevent it from moving into the hands of possible adversaries; (iii) the restrictions do not impose costs and inefficiencies that are disproportionate to the restrictions' security benefits; (iv) etc.

Establish coordinating entity. The U.S. should establish as a new administrative entity a coordinating center for export controls, with responsibilities for coordinating all interfaces with persons or entities seeking export licenses and expediting agency processes with respect to the granting or denial of export licenses.

Establish independent appeals panel. An independent export license appeals panel should be established to hear and decide disputes about whether export licenses are required, whether particular decisions to grant or deny licenses were made properly, and whether sunset requirements have been carried out properly.

Properly implement research exemption. The U.S. should maintain the Fundamental Research Exemption that protects unclassified research, as provided by National Security Decision Directive 189, and ensure that it is properly implemented.

Change visa process to prioritize skills. Among other things, the President should institute new, skills-based, preferential processing with respect to visa applications. The visa applications of scientists and engineers should be given priority. Graduate-level education and science and engineering skills should substantially raise an applicant's chances and confer priority in obtaining residence permits and U.S. citizenship.

¹Specifically, the National Research Council's Committee on Science, Security, and Prosperity and Committee on Scientific Communication and National Security authored this report. The National Research Council is part of the "National Academies" which includes the National Academy of Sciences, National Academy of Engineering, Institute of Medicine, and National Research Council, which are private, nonprofit institutions that provide science, technology, and health policy advice under a congressional charter.

(See ITT's Online Archives or 03/05/09 news, 09030535, for BP summary of a February 25, 2009 House Committee hearing on the impact of current U.S. export controls on U.S. science and technology, which referenced this report.)

Executive Summary of "Fortress America" available for free download (bottom middle of page) at http://www.nap.edu/catalog.php?record_id=12567