The Anti-Export Policy of the U.S.

Beginning with the January 1980 trade figures, the Commerce Department was required by law to calculate imports using the so-called C.I.F. method, which adds the cost of insurance and freight to the price paid for imports. According to the Commerce Department, this method adds about $1 billion monthly to the value of imports, and thus increased the latest trade deficit. Congressional supporters of the change claim that this reflects a more accurate picture of the cost of imports than the previously emphasized F.A.S., or free along ship method, which omits insurance and freight.

Morgan Guarantee Trust Company, World Financial Markets (January 1978).

Vance Cyrus , “America's Stake in an International Trading System,” The Department of State Bulletin, April 1978 (Address to the National Governors' Association on 27 February 1978), p. 35.

U.S. Congress, Senate, Committee on Banking, Housing, and Urban Affairs, Subcommittee on International Finance, Hearings on Export Policy, Part 6, 95th Congress, 2nd Session, 5 April 1978, p. 253.

Business Week, “The Antitruster's Aim Overseas” (14 March 1977) pp. 100–1.

Antitrust Guide for International Operations, Antitrust Division, U.S. Department of Justice (U.S. Government Printing Office, 1977 [revised 1 March 1977]); Seki H.S. , “The Justice Department's New Antitrust Guide for International Operations—A Summary and Evaluations,” The Business Lawyer (July 1977), pp. 1633–56.

FTC Survey, Export Trade Association (Government Printing Office, 1963). p. 44.

Mueller Willard F. , Hearings on the International Aspects of Antitrust before the Subcommittee on Antitrust and Monopoly of Senate Committee on the Judiciary, 90th Congress, 1 Session, at 31–60, 1967.

Federal Trade Commission Economic Report, Webb-Pomerene Associations: A 50-Year Review (Washington: U.S. Government Printing Office, June 1967), p. 61.

Menzies Hugh D. , “U.S. Companies in Unequal Combat,” Fortune (9 April 1979), pp. 102–110.

Chapman S. , “Exports and Antitrust: Must Competition Stop at the Water's Edge?” Vanderbilt Journal of Transnational Law (1973), pp. 419–23; U.S. Chamber of Commerce, Final Report on U.S. Antitrust Laws and American Exports (25 February 1974); U.S. Department of Commerce, “A Study to Determine the Feasibility of the Export Trading Company Concept as a Viable Vehicle for Expansion of U.S. Exports,” Appendix B, a legal review of the Webb-Pomerene Export Trade Act (report prepared in March 1977 by Hay Associates, Philadelphia, Pennsylvania under contract No. 6-36234).

Leary Thomas J. , “Acquisition Activity of Webb-Pomerene Member Firms, 1951–58: A Policy Suggestion,” The American journal of Economics and Sociology (July 1972), pp. 259–269.

Baruch Hurd , “The Foreign Corrupt Practices Act,” Harvard Business Review (January-February 1979), pp. 32–38+.

Kaikati Jack G. Label Wayne A. , “The Foreign Antibribery Act: Friend or Foe?” Columbia Journal of World Business (Spring 1980).

Kaikati Jack G. , “The Phenomenon of International Bribery,” Business Horizons (February 1977), pp. 25–37.

Business Week, “Canada's Flexible Bribery Standards” (13 June 1977), p. 35.

Currently, the only multilateral agreement dealing with foreign corrupt practices in general is the Organization for Economic Cooperation and Development (OECD) Declaration and Guidelines. The OECD Declaration establishes standards for the activities of multilateral enterprises in OECD member countries. It provides that enterprises should “not render—and they should not be solicited or expected to render—any bribe or other improper benefit, direct or indirect, to any public servant or holder of public office” and should not, “unless legally permissible,” make contributions to candidates for public office or to political parties or other political organizations.” Unfortunately, the OECD Declaration and Guidelines are only recommendations and contain no sanctions for violations.

Kaikati Label , op. cit.

Commerce America, “Questions and Answers on the Anti-Boycott Regulations” (27 February 1978), pp.2–6.

The League of Arab States consists of the following nineteen countries: Algeria, Bahrain, Iraq, Jordan, Kuwait Lebanon, Libya, Mauritania, Morocco, Oman, Qatar, Saudi Arabia, Somalia, Syria, Tunisia, Sudan, United Arab Emirates, Yemen Arab Republic, and Yemen's People's Democratic Republic. Egypt's membership in the Arab League was terminated when President Sadat began his peace initiative with Israel in November 1977.

Turck Nancy , “A Comparative Study of Non-U.S. Responses to the Arab Boycott,” Georgia Journal of International and Comparative Law, Vol. 8 (1978), pp. 711–39.

Kaikati Jack G. , “The Challenge of the Arab Boycott,” Sloan Management Review (Winter 1977), p. 91.

Business Week, “Malta: The New Gateway to the Arab Markets” (13 June 1977), p. 52.

Mark Clyde R. , The Arab Boycott of Israel: A Briefing Paper (Washington, D.C.: The Library of Congress, Congressional Research Service, 10 March 1975), pp. 4–5.

Boorman James A. , “Economic Coercion in International Law: The Arab Oil Weapon and Ensuing Judicial Issues,” The Journal of International Law and Economics, Vol. 9 (1974); pp. 204–12; Steiner Henry , “International Boycotts and Domestic Order: An American Involvement in the Arab-Israeli Conflict,” Texas Law Review (November 1976), pp. 1355–1410; Muir J. Dapray , “The Boycott in International Law,” The Journal of International Law and Economics, Vol. 9 (1974), pp. 187–204.

Turck Nancy , “The Arab Boycott of Israel,” Foreign Affairs (April 1977), p. 484.

Lowenfeld Andreas F. , “Sauce for Gander … the Arab Boycott and United States Political Trade Controls,” Texas International Law Journal, Vol. 12, No. 1 (1977).

Kissinger Henry , “American Resolve and the Security of Israel,” The Department of State Bulletin (7 June 1978), p. 725.

U.S. Department of Treasury, “The Operation and Effect of the Domestic International Sales Corporation Legislation: 1977 Annual Report” (Washington, D.C.: U.S. Government Printing Office, April 1979), p. 13.

Business Week, “When Expatriates Lose Their Big Tax Break” (11 October 1976), p. 21.

White William L. McGowan John L. , “Expatriate Compensation at the Crossroads,” S.A.M. Advanced Management Journal (Fall 1977), p. 14.

Business Week, “Expatriates May Keep a Tax Break” (31 October 1977), p. 31.

Export-Import Bank of the United States, “Eximbank Programs, Volume 1” (April 1973).

Business Week, “Soviet Trade: The Disappointments Continue” (6 December 1976), p. 100.

Wall Street Journal, “Booming Exports” (5 October 1979), pp. 1, 16.

Export-Import Bank, “Report to the U.S. Congress on Export Credit Competition and the Export-Import Bank of the United States for the Period April 1, 1977 through September 30, 1977” (December 1977), p. 21.

Export-Import Bank, “Report to the U.S. Congress on Export Credit Competition and the Export-Import Bank of the United States for the Period October 1, 1976 through March 31, 1977,” (July 1977), p. 24.

National Association of Manufacturers, “Export Credit Survey Report” (28 December 1977).

Peirce John C. , “Exports and Environmental Responsibility: Applying NEPA to the Export-Import Bank,” Cornell International Law Journal, Vol. 12 (1979), pp. 247–68.

Norris William C. , “High Technology Trade with the Communists,” Datamation (January 1978), pp. 99–103.

Op. cit., p. 101.

General Accounting Office, Export Controls: Need to Clarify Policy and Simplify Administration (1 March 1979).

U.S. Senate, U.S. Export Policy, a report submitted by the Subcommittee on International Finance to the Committee on Banking, Housing, and Urban Affairs (Washington, D.C.: U.S. Government Printing Office, 1979), pp. 23–24.