2001-10-15
org.kosen.entty.User@4099ecd3
강지훈(kosen1)
The Department of Commerce's export regulations are not consistent with the National Defense Authorization Act for Fiscal Year 1991 amendment to the Export Administration Act for missile technology to all countries. However, the Department of Commerce's regulations do not require licenses for the export of controlled missile equipment and technology to Canada. The Department of Commerce did not cite nay section of this statute or its legislative history to justify the inconsistency between its regulations and the statutory requirement. Additionally, we found nothing in the legislative history to indicate that congress intended to allow controlled missile items to be exempt from licensing requirements. Accounting to Department of Commerce officials, Congress is aware of this exemption through an annaul report on foreign policy export controls and, to their knowledge, congress never intended to end the regulatory exemption for missile-related exports to Canada when the law was passed. The Department of State's export regulations are consistent with the National defense authorization act for fiscal year 1991 amendment to the arms export control act. While that amendment did not mandate that the department of state require licenses for missile technology items, other provisions of the arms export control act provide the department discretionary authority to require licenses or provide exemptions.
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