Last policy standing: Obama era ECR Initiative stays alive

As the Trump administration continues to dismantle Obama’s policies, the Export Control Reform Initiative (ECR Initiative) appears to be the odd one out. This initiative was designed to move less sensitive items that no longer needed to be controlled under the U.S. Munitions List (USML) to the Commerce Control List (CCL). The ECR Initiative had two separate goals: boost the economy with more flexible licensing authorizations and increase the number of enforcement officials to safeguard against attempts to acquire defense technologies. However, are we sacrificing our national security for domestic economic improvement?

The 2014 executive order called the Automated Commercial Environment (ACE) created an online system to facilitate trade. The U.S. Census Bureau's recent Final Rule amendment has implemented a system for tracking numbers; both expedite the process of business shipping and lessen the reporting of importers and exporters, making the process more efficient. The Senate’s confirmation of Mira Ricardel as Undersecretary of Commerce for Export Administration has been another strong indicator of further deregulation; she has been strongly supported by the National Shooting and Sports Foundation. Ricardel has an extensive background in defense and national security as well as international business development.

One controversial step recently made by the president was the deregulation of small arms trade that would shift weapons like assault rifles and handguns from the State Department USML to the Commerce Department CCL. Considering the fact that much of the weapon technology is considered old and easily replicated, some even using 3D printers, Commerce officials see no reason not to use this particular deregulation initiative to reduce the trade deficit. Critics are skeptical, given the continuous incidences of terror attacks in Europe, border insecurities abroad, and overall arms accessibility to Islamist militant groups. 


The Washington Post reports that the Commerce Department minimally controls lethal weapons sales, but is inherently more business-oriented, lacking expertise in foreign policy and national security considerations. “Its licensing process is more dependent on companies volunteering information, creating greater risk of the weapons going to brokers who can speed them to the black market.” USML federal regulations that restrict arms sales to foreign government on the basis of human rights and terrorism concerns often do not apply to the CCL. As domestic gun control continues to sit on the back burner, international arms sales regulations have become increasingly lax. These policies may increase our national security risks, however the likelihood for a domestic attack could be just as high.