CRS on Export Controls & International Coordination: Issues for Congress

Congress, through various means, has shown sustained interest in the export policy, emphasizing the balance between maintaining U.S. technological leadership and preventing adversaries from accessing advanced technologies.

Christopher Casey of the Congressional Research Service penned a report released September 8 that frames this topic for policymakers and practicioners alike.

Central Issues:

1. Pace of Technological Development: It's crucial to consider how fast technology evolves. While some argue for continued rapid technological advancement, others believe its pace is slowing. U.S. policy, rooted in a strategy from the late 1980s termed “run faster,” involves exporting current technology to fund future research, assuming that continuous innovation keeps the U.S. ahead of competitors. The divergence in opinion about the pace of innovation might necessitate reevaluation of this strategy.

2. A Fifth Export Control Regime: Post the dissolution of the Wassenaar Arrangement, there have been calls for a new, more efficient control regime, particularly targeted at sensitive technologies concerning China. While some view the existing systems as slow or compromised, skeptics worry about the feasibility of such a new system, given economic interdependencies and divergent security concerns.

3. Legitimacy and Coordination: U.S. export control objectives need to be perceived as legitimate by both domestic and foreign stakeholders to be successful. It's essential that these controls are seen as serving a broader purpose, backed by the public and industries of participating countries.

4. Ethical Trade and Export Control: Historically, moral and ethical concerns have played a role in U.S. trade policy decisions. There's a growing interest in framing export control around human rights and ethical considerations, a stance that Congress might need to deliberate upon.

5. Partner Legal and Administrative Capacity: While the U.S. has expansive legal authority to control exports, many allies have restrictive frameworks, often necessitating international coordination. There might be a need to either mold U.S. policies to be in sync with allies or encourage allies to adopt broader export control mechanisms.

6. Trade Agreements and Export Controls: Through the Trade Promotion Authority (TPA), Congress authorizes the President to negotiate trade agreements. The latest TPA in 2015, which expired in 2021, emphasized the protection of new and emerging technologies. There's potential to use future TPAs to ensure partners coordinate their export controls with the U.S., among other provisions.

Implications for Congress:

1. Reassess the Strategy: Given varying perspectives on technological advancement's pace, Congress might need to revisit the current “run faster” strategy.

2. Consider a New Control Regime: Congress can explore the feasibility and benefits of a fifth export control regime, weighing its pros and cons.

3. Promote Legitimacy: To ensure coordination and efficacy, Congress might need to engage in refining and amending export control goals to align better with both domestic and international perceptions of legitimacy.

4. Ethical Dimensions: Congress has a role in deciding whether to link export control to broader ethical and human rights considerations, especially given the current global mood.

5. Enhance International Coordination: It may be vital to consider allies' legal restrictions while framing export controls or encouraging allies to expand their control regimes.

6. Leverage Trade Agreements: There's potential to use future trade agreements as a tool to promote export control coordination and expand it in line with U.S. goals.

Conclusion: The dynamics of technological development, the shifting global landscape, and ethical considerations require a multi-faceted approach to export control. As the world evolves, Congress has the task of ensuring that U.S. export policy remains effective, coordinated, and in line with both national and international goals and perceptions.