The EAA of 1979 in 2002

The Export Administration Act of 1979 (EAA) was an important factor in the collapse of the USSR. While not the only factor, it created a logic for controlling exports of militarily critical, and sensitive as well as dual use American technologies to adversarial countries. In so doing, the EAA gave teeth to COCOM, the Western coordinating body on exports to the Soviet Union and Warsaw Pact. And with that, Gorbachev realized that the USSR could not keep pace with Western advances in military technology.

The Export Administration Act of 1979 (EAA) was an important factor in the collapse of the USSR. While not the only factor, it created a logic for controlling exports of militarily critical, and sensitive as well as dual use American technologies to adversarial countries. In so doing, the EAA gave teeth to COCOM, the Western coordinating body on exports to the Soviet Union and Warsaw Pact. And with that, Gorbachev realized that the USSR could not keep pace with Western advances in military technology.

Over the years, the EAA has been renewed, and with each renewal business interests try to have the authority of the Commerce Department strengthened, and that of DOD weakened, in determining what can be sold and what remains militarily critical.

Bad move. The mandate of the Commerce Department is to encourage American business, which means to promote exports of American goods, services and technology. The mandate of DOD is to ensure and protect American security. Decisions about military-related and militarily sensitive exports belong largely, though not exclusively, in the hands of the Secretary of Defense.

An important Amendment to the EAA is being offered that will correct a variety of difficulties existing in the current House and Senate versions of the bill, primarily:

Preserving the Military Critical Technologies List (MCTL) created in the original act to be maintained by the Secretary of Defense, but not in the current version. The MCTL is a list of dual-use technologies critical to America’s ability to maintain military superiority and a qualitative advantage, including stealth and jet engine “hot section” technologies. Under the proposed Amendment, items on the MCTL could not be licensed for export without the approval of the SecDef, and only the SecDef could add or remove items from the list. Only the President could overrule a decision of the SecDef.

Enhancing the SecDef’s role in license approval. The Departments of State, Commerce and Defense grant militarily sensitive licenses in combination. This Amendment would require unanimous approval, preserving DOD’s prerogative to raise objections on national security grounds, sending disputes to the President for resolution.

Enhancing the SecDef’s role in the control process, determining which countries are eligible for certain exports and which items could contribute to the military or terrorism potential of a state-sponsor of terrorism.

In addition, the Amendment deals with a variety of computer and satellite-related and foreign-availability-related issues. Finally, it requires notification to Congress of changes in the National Security Control List before those changes are implemented.

All in all, it would be a good day’s work for the House Armed Services Committee to adopt this Amendment to HR2581, the Export Administration Act, a bill critical to America’s national security.