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Trade controls and non-proliferation: compliance costs, drivers and challengesa

Published online by Cambridge University Press:  20 January 2017

Daniel Salisbury
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Abstract

The private sector clearly has an increasingly important and well-defined role to play in slowing the flow of technology and preventing the provision of enabling services to states pursuing Weapons of Mass Destruction (WMD) and destabilising military capabilities. Exporters of proliferation-sensitive technology are frequently targeted by Iran and other countries. These countries are highly dependent on technology from the international market place to sustain their WMD and military programmes. Compliance with export controls only goes someway to ensuring that proliferation is prevented; a form of “over-compliance” is required to ensure that goods are not transferred to programmes of concern. This paper uses a significant quantity of primary data to consider the costs of compliance and over-compliance, the drivers for such processes, and the relationship between the national authority and firms and how this could be improved.

Type
Research articles
Information
Business and Politics , Volume 15 , Issue 4 , December 2013 , pp. 529 - 551
Copyright
Copyright © V.K. Aggarwal 2013 and published under exclusive license to Cambridge University Press 

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References

Albright, David, Brannan, Paul, and Stricker, Andrea Scheel. 2010. “Detecting and Disrupting Illicit Nuclear Trade after A.Q. Khan.” The Washington Quarterly 33 (2): 85–106.Google Scholar
Aurora, Seema and Gangopadhyay, Subhashis. 1995. “Toward a Theoretical Model of Voluntary Overcompliance.” Journal of Economic Behavior and Organization 28 (3): 289–309.Google Scholar
Balani, Henry. 2010. “False Positive Reduction: 6 Simple Steps to Improved Caution List Screening.” Presentation to Unstated Audience, 10 December 2010.Google Scholar
Bauer, Sibylle. 2013. “WMD-Related Dual-use Trade Control Offenses in the European Union: Penalties and Prosecutions.” EU Non-proliferation Consortium Paper No. 30. Stockholm: SIPRI. Accessed 20 October 2013. Available from: http://www.sipri.org/research/disarmament/eu-consortium/publications/nonproliferation-paper-30.Google Scholar
BIS. 2009. “Export Control Organisation – Dual-Use Compliance Study: Summary of Results and Key findings”. Accessed 20 October 2013. Available from: http://www.bis.gov.uk/files/file53872.pdf.Google Scholar
BIS. 2012. “Strategic Export Controls: Country Pivot Report, 1st January 2012–31st December 2012”. Accessed 31 October 2013. Available from: https://www.exportcontroldb.bis.gov.uk/eng/fox.Google Scholar
Bureau of Industry and Security. 2010. “Don't Let This Happen To You! An Introduction to U.S. Export Control Law”. Accessed. Available from: http://www.bis.gov.uk/policies/export-control-organisation/eco-press-prosecutions.Google Scholar
FAQ – Strategic Trade Act. 2010. Malaysian External Trade Development Corporation. Accessed 15 November 2013. See: http://www.matrade.gov.my/en/faq/708-faq-strategic-trade-act.Google Scholar
Gray, Wayne B. and Jones, Carol Adaire. 1991. “Longitudinal Patterns of Compliance with Occupational and Health Administration Health and Safety Regulations in the Manufacturing Sector.” Journal of Human Resources 26 (4): 623–653.Google Scholar
Gunningham, Neil. 2002. “Regulating Small and Medium Sized Enterprises.” Journal of Environmental Law 14 (1): 5–32.Google Scholar
Gunningham, Neil and Kagan, Robert A. 2005. “Regulation and Business Behaviour.” Law and Policy 27 (2): 213–218.Google Scholar
Gunningham, Neil, Thornton, Dorothy and Kagan, Robert A. 2005. “Motivating Management: Corporate Compliance in Environmental Protection.” Law & Policy 27 (2): 289–316.Google Scholar
Heaney, Bob. 2011. “Global Trade and Supply Chain Management: The Global Imperative.” Aberdeen Group Report 5. Accessed 20 October 2013. Available from http://www.tridentglobal.com.au/aberdeengtmimperative.pdf.Google Scholar
International Institute for Strategic Studies (IISS). 2007. Nuclear Black Markets: A.Q. Khan, Pakistan and the Rise of Proliferation networks. London: Routledge.Google Scholar
Kagan, Robert A. and Scholz, John. 1984. “The ‘Criminology of the Corporation’ and Regulatory Enforcement Strategies.” In Enforcing Regulation, edited by Hawkins, Keith and Thomas, John. Boston: Kluwer Nijhoff Publishing.Google Scholar
Kagan, Robert A., Gunningham, Neil and Nielsen, Vibeke L. 2011. “Fear, Duty and Regulatory Compliance.” In Explaining Compliance: Business Responses to Regulation, edited by Parker, Christine and Nielsen, Vibeke Lehmann. Cheltenham, UK: Edward Elgar.Google Scholar
Kay, David. 1995. “Denial and Deception Practices of WMD Proliferators: Iraq and Beyond.” The Washington Quarterly 18 (1): 83–105.Google Scholar
Kelly, Stephen D. 1989. “Curbing Illegal Tranfers of Foreign-Developed Critical High Technology from CoCom Nations to the Soviet Union: An Analysis of the Toshiba-Kongsberg Incident.” Boston College International and Comparative Law Review 12: 181–225.Google Scholar
Kienzle, Ben. 2013. “The EU WMD Strategy at Ten.” International Affairs 89 (5): 1143–1159.Google Scholar
Kurzrock, Andrew and Hund, Gretchen. 2013. “Beyond Compliance: Integrating Non-Proliferation into Corporate Sustainability.” The Bulletin of the Atomic Scientists 69 (31): 31–42.Google Scholar
Lynch-Wood, Gary and Williamson, David. 2007. “The Social Licence as a Form of Regulation for Small and Medium Enterprises.” Journal of Law and Society 34 (3): 321–341.Google Scholar
Management Dynamics. 2010. “Export Compliance Management: Best Practices for Managing Export Compliance to Support Globalisation and Reduce Your Risk Profile.” Benchmark Report, 2010. Accessed 31 October 2013. Available from: http://www.rochesterbiz.com/Data/Documents/MDI%20Export%20Management%20Benchmark%20Report%20100514%20web.pdf.Google Scholar
May, Peter J. 2004. “Compliance Motivations: Affirmatives and Negative Bases.” Law & Society Review 38 (1): 41–68.Google Scholar
May, Peter J. 2005. “Compliance Motivations: Perspectives of Farmers, Home builders and Marine Facilities.” Law & Policy 27 (2): 317–347.Google Scholar
Oerlikon Leybold Vacuum. 2009. “Export Control Directive”. Accessed 31 October 2013. Available from: http://isis-online.org/uploads/conferences/documents/Export_Control_Directive_2009.pdf.Google Scholar
Piliavin, Irving, Gartner, Rosemary, Thornton, Craig and Matsueda, Ross L. 1986. “Crime, Deterrence and Rational Choice.” American Sociological Review 51: 101–119.Google Scholar
Radio 4. 2007. “File on Four: Iran's Nuclear Weapons”. Accessed 31 October 2013. Available from: http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/03_07_07_fo4_iran.pdf.Google Scholar
Salisbury, Daniel. 2013. “How the Private Sector Can Do More to Prevent Illicit Trade.” Arms Control Today July/August: 22–28.Google Scholar
Salisbury, Daniel and Lowrie, David. 2013. “Targeted: A Case in Iranian Illicit Missile Procurement.” Bulletin of the Atomic Scientists 69 (3): 23–30.Google Scholar
Simpson, Sally S. and Rorie, Melissa. 2011. “Motivating Compliance: Economic and Material Motives for Compliance.” In Explaining Compliance: Business Responses to Regulation, edited by Parker, Christine and Nielsen, Vibeke Lehmann. Cheltenham, UK: Edward Elgar.Google Scholar
Stewart, Ian J. 2012. “Antiproliferation: Tackling Proliferation by Engaging the Private Sector.” Belfer Centre Discussion Paper. Cambridge, Mass: Harvard.Google Scholar
Stewart, Ian J. and McGovern, John. 2013. “Beyond Compliance: Preventing the Diversion of Sensitive Vacuum Measuring Equipment – The ‘Controlled Delivery Model’.” CSSS Occasional Paper 3/2013. London, UK: KCL.Google Scholar
Nations, United. 2004. “United Nations Security Council Resolution 1540, S/RES/1540 (2004).” Accessed 20 October 2013. Available from: http://www.treasury.gov/resource-center/sanctions/Documents/1540.pdf.Google Scholar
UK Statutory Law. 2008. “Export Control Order (2008)”. Accessed 20 October 2013. Available from: http://www.legislation.gov.uk/uksi/2008/3231/article/38/made.Google Scholar
van Erp, Judith. 2008. “Reputational Sanctions in Private and Public Regulation.” Erasmus Law Review 1 (5): 145–162.Google Scholar
van Erp, Judith. 2011. “Naming and Shaming in Regulatory Enforcement.” In Explaining Compliance: Business Responses to Regulation, edited by Parker, Christine and Nielsen, Vibeke Lehmann. Cheltenham, UK: Edward Elgar.Google Scholar
Winter, Soren C. and May, Peter J. 2001. “Motivation for Compliance with Environmental Regulations.” Journal of Policy Analysis and Management 20 (4): 675–698.Google Scholar
Wirtz, Ralph. 2007. “Finding Innovative Ways to Detect and Thwart Illicit Nuclear Trade.” Presentation to the Carnegie International Non-Proliferation Conference, June, Washington DC.Google Scholar
Yapp, Charlotte and Fairman, Robyn. 2006. “Factors Affecting Food Safety Compliance within Small and Medium-Sized Enterprises: Implications for Regulatory and Enforcement Strategies.” Food Control 17 (1): 42–51.Google Scholar