Administration of Export Controls by Commerce Department

All commodities exported to any destination, except Canada, from the

United States, its territories and possessions are subject to export

control. There are three main techniques utilized in the administration

of such controls:

1. Shipments of commodities contained in the Positive List[3] are under

control to virtually all destinations;

2. For some commodities, a general license is authorized permitting

exportation to virtually all friendly destinations without requiring

that an export license be issued;

3. All commodities, whether or not on the Positive List and

irrespective of any general license provisions, are under licensing

control to subgroup A destinations (i.e., Soviet Bloc, including

Communist China and North Korea), Hong Kong and Macao.

The Comprehensive Export Schedule published by the Bureau of Foreign

Commerce (BFC) of the Department of Commerce must be consulted in

order to determine whether a validated license is required for the

exportation of a given commodity to a specific destination as well

as to determine other export control regulations of the Commerce

Department. The Comprehensive Export Schedule is supplemented 2 or

3 times a month by BFC's Current Export Bulletin. The Secretary of

Commerce's Quarterly Report to the President and the Congress reports

major policy changes and activities of the Department of Commerce in

carrying out its export control activities.

The two main policies as indicated in the Export Control Act which

is administered by the Department of Commerce are export controls

for security and for short supply reasons. The objective of security

controls as embodied in the Export Control Act of 1949, as extended, is

to exercise the necessary vigilance over exports from the standpoint

of their significance to the national security. The controls were

designed to deny or restrict the exportation of strategic commodities

to the Soviet bloc in order to impede the buildup and maintenance of

the Soviet war potential. Shipments of all commodities to Communist

China and North Korea are embargoed while shipments to the European

Soviet bloc, Hong Kong, and Macao are either denied or restricted.

In addition, all proposed shipments of strategic commodities to all

destinations, except Canada, are carefully scrutinized to assure that

the goods will not be transshipped or diverted to unfriendly hands. The

Commerce Department has developed procedures to prevent the frustration

of our own export controls which would result from shipping a strategic

item to a country which (1) ships identical or closely similar items

to the Soviet bloc, or (2) would use the American item directly in the

manufacture of strategic items for the Soviet bloc.

In order to prevent the transshipment abroad of United States

commodities, the Department of Commerce also has regulations covering

the unauthorized movement of United States commodities after they

leave United States shores. These regulations generally referred to

as the "destination control" provisions are designed to prohibit the

reexportation from the country of ultimate destination except upon

written authorization from BFC. These regulations also restrict ships,

planes or other carriers from delivering United States origin goods to

other than the destination specified on the export control documents.

In addition, the United States participates in the international IC/DV

(import certificate--delivery verification) system described elsewhere

in this report.

In addition to United States export controls for security reasons, it

is necessary to administer export controls for short supply reasons

in order to protect the domestic economy from the excessive drain of

scarce materials and to reduce the inflationary impact of abnormal

demand. Such controls are usually exercised by means of export programs

or quotas fixed by the Secretary of Commerce. The easing of supply

programs in recent months has led to the prompt lifting of nearly all

domestic controls over materials: such actions have generally been

followed by the relaxation of related export controls for short supply

reasons. Thus, export controls for short supply reasons do not play as

important a part as before in comparison with security controls.

[3] The Positive List of Commodities is a current list contained in the

Comprehensive Export Schedule showing the commodities which require a

validated license from the Bureau of Foreign Commerce of the Department

of Commerce.

East-West Trade Trends Mutual Defense Assistance Control Act of 1951 (the Battle Act); Fourth Report to Congress, Second Half of 1953 · 第 98 / 111 题