出口管制與經濟制裁
Export Controls and Economic Sanctions
| 節 | 週三 |
|---|---|
A 18:30–19:20 | 出口管制與經濟制裁 MB1063 2 節連堂 |
B 19:30–20:20 |
* 根據陽明交大上課時間表所列
Course Description: This course is designed to introduce students to the variety of legal issues associated with military and dual use export controls and economic sanctions, primarily focusing on the regulatory frameworks and practices in the United States. Throughout the course, students will gain an understanding of the key statutes, regulations, executive orders, and policies that govern the export of military and dual-use items, technology, and services. These include the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), and the various economic sanctions programs administered by the Office of Foreign Assets Control (OFAC). Course Objectives: At the conclusion of the course, you will be able to do the following: 1. Evaluate the various views concerning the rationale for and objectives of export control and economic sanctions programs; 2. Recognize the various roles, work, and ethical considerations of a legal professional in this context; 3. Identify and utilize the various government regulations, executive orders, statutes, and court cases relevant to a particular export control or sanctions program; and 4. Advise companies and individuals on how to create compliance programs, mitigate risk, and avoid liability in commercial settings. This course is aimed towards current or future practitioners in corporate law, white collar defense, government, and those interested in foreign policy and commerce.
Class Participation: The goal of this class is for all of us to explore and discuss the legal issues surrounding the many aspects of export controls and economic sanctions. For this to work, all students are expected to finish the assigned readings and assignments carefully before class, come to class with adequate preparation, and actively engage in discussion. In the classroom I use a combination of an interactive lecture-discussion method, so you will be called on. Required Text: Relevant readings will be distributed on e3. We will use a variety of articles, videos, and other interactive materials in this course. You are not required to purchase any text to have access to all of the course materials. Technical Requirements: You will need the following in order to participate in this course: • Computer; • Reliable Internet connection; • Computer microphone and camera; and • A compatible web browser. Miscellaneous: Copying or recording classes or course materials without the express prior approval of the instructor is prohibited. The instructor reserves the right to revise or adjust this course syllabus to best accommodate the pace and needs of the students.
Midterm Exam: 40% of final grade Final Exam: 60% of final grade Grading and Final Examination: Your grade will be based on one midterm and one final exam.
- Military and Dual Use Programs, United States
- Sanctions Programs: United Nations, United States, Europe
- Investment in the United States
| 週次 | 主題 |
|---|---|
| 第 1 週 | Introduction to the Course: Overview of export controls and economic sanctions; BIS, DDTC, OFAC, Export Control Reform Act of 2018; 50 U.S.C. 4801-4852 Introduction to Military and Dual Use Programs, Multilateral Programs: Missile Technology Control Regime (MTCR); The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies; Biological Weapons Convention (BWC); Nuclear Suppliers Group; and The Australia Group (AG) |
| 第 2 週 | 228 Peace Memorial Day (no class, possible video or readings) |
| 第 3 週 | Dual Use Programs, United States: United States Department of Commerce, Bureau of Industry and Security (BIS); Export Administration Regulations (EAR); Commerce Control List (CCL), Part I; Discuss hypothetical memorandum • Discuss Steps to Using EAR • 15 CFR 732: Scope of the EAR • 15 CFR 734: Items subject to the EAR • ECCNs: Categories, Product Groups • License Exceptions • General Prohibitions Part 736 |
| 第 4 週 | Dual Use Programs, United States: United States Department of Commerce, Bureau of Industry and Security (BIS); Export Administration Regulations (EAR); Commerce Control List (CCL), Part II; Discuss hypothetical memorandum • Review Steps for Using the EAR • Foreign Direct Product Rule, second incorporation • De Minimis Part 734 • Semiconductor Activities (Category 3) |
| 第 5 週 | Dual Use Programs, United States: United States Department of Commerce, Bureau of Industry and Security; Export Administration Regulations (EAR); Commerce Control List (CCL), Part III; Discuss hypothetical memorandum • Country Chart Part 738 and Supplement 1 • Country Groups • Deemed Export, Deemed Re-export • Parts 748 and 750; SNAP-R (Part 758) o Classification Requests o License Applications o Advisory Opinions • Consolidated Screening List • “600 Series” and 9x515 items |
| 第 6 週 | Dual Use Programs, United States: United States Department of Commerce, Bureau of Industry and Security; Export Administration Regulations (EAR); Commerce Control List (CCL), Part IV • Encryption: Category 5 Part 2, License Exception ENC, and mass-market provisions (740.17), encryption classification and licensing. • License Exceptions Part 740 and Supplement 1 • Recordkeeping Part 762 End use and end user checks; PLC, PSV; VEU List, Supplement No. 7 to Part 748 |
| 第 7 週 | Public Holiday - No Class |
| 第 8 週 | Midterm Exam |
| 第 9 週 | In Practice: Compliance Programs, Government Investigations, and Remediation (Parts 764, 766; antiboycott regulations administered by the Office of Antiboycott Compliance (OAC) Part 760; BIS Export Compliance Guidelines, BIS Voluntary Self Disclosure Regulations; DDTC Compliance Program Guidelines, DDTC Voluntary Self Disclosure Regulations; OFAC Compliance Commitments, OFAC Enforcement Guidelines |
| 第 10 週 | Sanctions Programs, United Nations: United Nations Sanctions Regimes Sanctions Programs, United States: United States Department of the Treasury, Office of Foreign Assets Control (OFAC); Sanctioned Countries and Specially Designated Nationals (SDNs) Sanctions Programs, Europe: sanctions regulations (restrictive measures) adopted by the EU Council, as implemented by EU member countries and their national competent authorities (NCAs) (e.g., U.K., Germany, The Netherlands) |
| 第 11 週 | Military and Dual Use Programs, United States: United States Department of State, Directorate of Defense Trade Controls (DDTC); International Traffic in Arms Regulations (ITAR); U.S. Munitions List (USML); including import provisions administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Nuclear trade controls of the U.S. Department of Energy (DOE) (Atomic Energy Act and Nuclear Non-Proliferation Act) Military and Dual Use Programs, Europe: EU Dual Use Regulation (Regulation (EU) 2021/821); Common Military List of the European Union (CML); Council Common Position 2008/944/CFSP; Union Customs Code and Implementing Regulations; Arms Trade Treaty (ATT) |
| 第 12 週 | Anti-Bribery and Corruption Programs: The United States Foreign Corrupt Practices Act (FCPA); The UK Bribery Act 2010; OECD Anti-Bribery Convention |
| 第 13 週 | Investment in the United States: Committee on Foreign Investment in the United States (CFIUS); investment in US companies with security clearances from the Department of Defense under its Foreign Ownership or Control or Interest (FOCI) rules; Foreign Agents Registration Act |
| 第 14 週 | Supply Chain Compliance Challenges: U.S. Department of Homeland Security’s Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People’s Republic of China and U.S. Customs and Border Protection’s Operational Guidance for Importers |
| 第 15 週 | Emerging and Foundational Technologies; New BIS Regulations; Reflections on the Future of Export Control |
| 第 16 週 | Final Exam |
Relevant readings will be distributed on e3. We will use a variety of articles, videos, and other interactive materials in this course. You are not required to purchase any text to have access to all of the course materials.
- 地點
- By appointment
- 時間
- By appointment
- 聯絡方式
- Contact via email: markshope@nycu.edu.tw