Congress May Want to Evaluate Pace, Effectiveness of ECRA Effort, CRS Says
Congress may want to “evaluate” the Commerce Department's efforts to place export controls on emerging and foundational technologies and should consider pursuing reforms surrounding multilateral export regimes, the Congressional Research Service said in an updated report on export controls issued this month.
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The CRS said lawmakers may want to consider the “pace and effectiveness” of Commerce’s efforts to implement the Export Control Reform Act of 2018, which has been criticized by lawmakers for taking too long (see 2106160012). “Why have relatively few technologies been identified? Are there issues with the interagency process?” the report said. “Are there alternative methods or institutional structures available should Members assess the effectiveness and challenges of the current process?”
Congress may also want to question the state of multilateral export controls and the potential need for reform, the CRS said. Experts have said multilateral export control regimes, such as the Wassenaar Arrangement, need to be modernized to keep up with the rapid pace, evolution and proliferation of emerging technologies (see 2009290042). “Is U.S. pressure to restrict individual sales an effective method to stop the export of certain advanced technologies, or is a more holistic approach warranted?” the CRS said. “Can the Wassenaar Arrangement, in particular, be made more effective and, if so, how? Are there situations where unilateral controls nonetheless are warranted?”
The 50-page report also provides a broader overview of the U.S. export control system, detailing authorities under both Commerce and the State Department and outlining the mandate under ECRA. The CRS also describes the administration's recent export control activity, including measures against China (see 2104080011), Russia (see 2103170022) and Myanmar (see 2103040075).