This paper begins with a comparison of the Canadian and U.S. export control structures. It examines resulting conflicts between the two. It then describes the provisions of the Free Trade Agreement which address the harmonization of export controls. While the Agreement is far-reaching, it is important to note that the FTA is not a Customs Union. That is, the two countries are not going to develop a common external trade policy but will continue to maintain independent trade relations with respect to third countries. In light of that fact, the paper analyzes the prospects for continuing conflict between the United States and Canada over export licensing in the foreign policy control area. It examines subsequent U.S. legislation that may alleviate some of the existing inequities. Finally, the paper suggests additional approaches to facilitate the resolution of future disputes over export control policy.
Dorinda G. Dallmeyer,
Foreign Policy and Export Controls: How Will the Canada-United States Free Trade Agreement Accommodate the Extraterritorial Application of the United States Laws to Canadian Exports of Goods and Technology?
Available at: https://digitalcommons.law.uga.edu/fac_artchop/202