"National Security and International Trade Agreements - When Do the Exceptions Become the Rules?," Focus on Federal Advocacy and Public Policy, Spring 2007

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"National Security and International Trade Agreements - When Do the Exceptions Become the Rules?," Focus on Federal Advocacy and Public Policy, Spring 2007

Author(s):

Kent, Christopher, Wright, Olivia

Date: January 1 2007

No matter where one turns in the law and practice of international trade, national security concerns are taking on a much greater profile. In the United States, the activities of the Committee on Foreign Investments in the United States (CFIUS) have taken on new prominence, while in countries such as Canada, governments are talking about re-invigorating the investment review process in order to give the government the ability to block investments that the government judges not to be in the "national interest". Export control lists in many countries are growing and customs authorities are devoting increased resources to developing – and enforcing – policies aimed at protecting national security, even if these policies add additional layers of bureaucracy and impose increased costs for business. In certain other areas, industries that have traditionally been borderless may be required to reconsider some of the core aspects of their business structures as governments develop new – and much more restrictive – policies on issues such as data security.

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