U.S. System of Enforcement of Export Controls

June 25, 2001

U.S. System of Enforcement of Export Controls

Two laws and two sets of implementing regulations govern U.S. small arms and light weapons (SA/LW) exports. The Arms Export Control Act (AECA) establishes procedures for both government-to-government and commercial sales of military equipment. The AECA is implemented through the International Traffic in Arms Regulations (ITAR) and administered by the Office of Defense Trade Control (DTC) in the State Department��s Bureau of Political Military Affairs. The Export Administration Act (EAA) governs exports of dual-use (both civilian and military) goods. The Department of Commerce administers this act through the Export Administration Regulations (EAR). Both sets of regulations contain a list of items that require licenses.

Initiated in September 1990, the Blue Lantern Program is an end-use check system administered by DTC in conjunction with the U.S. Customs Service. This program is designed to strengthen export controls and serve as the principal means of verifying the ultimate destination and specific end-use and end-users of U.S.-origin defense exports. It also ensures that the State Department makes informed licensing decisions while effectively enforcing the AECA and ITAR. It has proven highly effective in addressing the growing "Gray Arms Trade" �� the use of fraudulent export documentation to acquire defense articles through legitimate channels for undesirable end-users.

This end-use monitoring program spans the globe through a network of agencies, diplomatic posts, foreign governments, and foreign individuals and entities. These checks, about 400 per year, are both random and triggered by indicators of violation. They provide an important means of ensuring industry compliance with applicable U.S. export control regulations both at home and abroad. They also allow DTC to detect trends in illicit arms trafficking and diversions, to identify targets for law enforcement action, and to develop information and guidance for U.S. embassy officers abroad who carry out end-use monitoring functions.

The U.S. Customs Service, as the nation's primary border enforcement agency, is responsible for enforcing laws regarding the export of strategic technology, commodities, and arms pertinent to the defense of the U.S. In 2000, State-U.S. Customs Service cooperative programs facilitated over 635 commercial arms seizures at U.S. ports of exit, totaling more than $48 million.