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A Review on the Catch-All Controls
The concept of catch-all controls is not new, having been developed in the US and EU over 30 years ago and legislated about 20 years ago. It is a system that controls what is not in an item based on the end-user and end-use rather than the strategic items defined by the existing multilateral export control regimes. Most importantly, the controls are based on end-user or end-use. Catch-all controls are the best tool to solve the problems of traditional list based controls. Technological advances, emerging technologies, and globalization have made standard export controls insufficient. Catch-all controls are optimized to control non-compliant, under-specified, partial, and intangible technology transfers. Catch-all controls have been adopted and implemented in the four multilateral export control regimes (MECR) and are also reflected in legislation in the United States and the European Union. The NSG has a catch-all provision in INFCIRC/254/Part2 Paragraph 5, the AG has a catch-all condition in the Guidelines, and the MTCR has a catch-all provision in the Guidelines Paragraph 7. Korea has also implemented catch-all controls reflected in the Foreign Trade Act of 2004. However, there are still many challenges of catch-all controls. First, the problem with catch-all controls is that there are different cases in different countries for list controls, and there are too many cases in other countries to control what is not on the list. Second, there is very little international legal enforcement for failing or missing catch-all controls. Finally, information about these catch-all cases is not uniformly available. For catch-all control, Korea currently consolidates the list of traders of concern including UN sanction list and denial list of MECR, provides a correlation table of significant items and countries requiring catch-all control for stakeholders, and organizes and operates a coordination committee for traders of concerns. In the future, Korea should strengthen the monitoring of other countries’ catch-all control cases and participate in international cooperation meetings to disseminate Korea’s best practices.
