Thanks so much for your detailed comment, and sorry for not seeing it earlier!
I’m a bit unclear what’s going on in the Thermo-Fischer example: The second question from the initial letter makes it sound like TF had been granted a license to export under the EAR, but I don’t see a claim that the technology was covered by the Commerce Control List, and the response from Ross seems to suggest otherwise (from what I can tell, I’m behind the WSJ paywall).
In any event, I think this is just the same issue that comes up generally with regulation of dual-use technologies. There’s a question of whether technology with dual-use potential can be restricted from export under the CCL, and I think the answer to that is clearly yes (see, e.g., the restriction on software for DNA synthesizers). Then there’s the separate question of whether it should be restricted, and that’s going to require a context-dependent analysis of each case, with consideration of the balance of offensive and defensive uses of the tech. This is often a difficult question, but I think the analysis from a GCBR/advocacy perspective is going to be the same as it is for, say, differential development of technologies.
The concern about multilateral controls is a good one in general, though I think unilateral controls still pack a lot of punch when it comes to, e.g., publication of research by researchers at American universities.
Thanks so much for your detailed comment, and sorry for not seeing it earlier!
I’m a bit unclear what’s going on in the Thermo-Fischer example: The second question from the initial letter makes it sound like TF had been granted a license to export under the EAR, but I don’t see a claim that the technology was covered by the Commerce Control List, and the response from Ross seems to suggest otherwise (from what I can tell, I’m behind the WSJ paywall).
In any event, I think this is just the same issue that comes up generally with regulation of dual-use technologies. There’s a question of whether technology with dual-use potential can be restricted from export under the CCL, and I think the answer to that is clearly yes (see, e.g., the restriction on software for DNA synthesizers). Then there’s the separate question of whether it should be restricted, and that’s going to require a context-dependent analysis of each case, with consideration of the balance of offensive and defensive uses of the tech. This is often a difficult question, but I think the analysis from a GCBR/advocacy perspective is going to be the same as it is for, say, differential development of technologies.
The concern about multilateral controls is a good one in general, though I think unilateral controls still pack a lot of punch when it comes to, e.g., publication of research by researchers at American universities.