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Export Controls in US-led Trade Agreements

In: Law & Geoeconomics
Author:
Maria Shagina Dr; International Institute for Strategic Studies Berlin Germany

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Abstract

Economic security trade agreements are emerging as the United States’ newest instrument for extending export-control enforcement beyond US borders. Rather than relying solely on domestic rules, extraterritorial licensing, and ex post interdiction, the second Trump administration is embedding anti-diversion and enforcement obligations directly into bilateral trade deals-explicitly linking tariff treatment and market access to partner action on export controls, customs enforcement, transaction screening, data sharing, end-use checks, and cooperation on investigations. In agreements, third countries are not merely encouraged to align; they are operationally folded into a US-anchored enforcement perimeter, turning trade partners into auxiliary nodes in the export-control ecosystem. That is what makes these agreements qualitatively distinctive: they are not traditional trade liberalisation instruments, nor are they standard export-control cooperation statements-they are trade contracts that condition preferential tariff treatment on measurable enforcement behaviour.

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