The 1976 Arms Export Control Act gives the president the authority to control the flow of weapons out of U.S. borders.
The State Department is responsible for developing the United States Munitions List, designating which weapons are considered"defense articles" under the 1976 law. Such articles need to be approved by the department before they can be exported.
On the other hand, the Commerce Department is primarily concerned with economic growth, and especially the competitiveness of domestic manufacturers. According to Reuters, the National Shooting Sports Foundation estimated that relaxing export rules could boost foreign sales of firearms by 20 percent.
According to an interim report prepared by the Bureau of Alcohol, Tobacco, Firearms and Explosives, over 540,000 firearms were exported from the United States in 2018.If the State Department were to follow the Commerce Department's model, U.S. weapons manufacturers would have a much easier time selling firearms to strategic allies of the United States. In many of these cases, an export license would not even be required, the working group considered.
If authorship power of firearms export regulations were transferred to the Commerce Department, such business-related reasoning might be more welcome in new regulatory proposals. The national security and foreign policy pretexts currently invoked would likely not carry the same weight as they do now.
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