Part I argues that the nature of export control enforcement requires extensive self-governing behavior on the part of exporters and that enforcement should be directed toward that end. Part II examines several possible justifications for penalizing a business entity and concludes that deterrence and rehabilitation through education are the most viable, particularly in a self-regulating industry. Part III argues that examining the export compliance program is actually a necessary prerequisite to determining the general culpability required under the general factors, and on that basis alone cannot be relegated to a mitigating factor. Part IV argues that an emphasis on corporate compliance programs in punishment is the most effective route to deterrence and rehabilitation. Finally, Part V argues that findings from the field of corporate social responsibility indicate that the creation of a culture of compliance focused on executive accountability is most likely to result in effective controls.
Matthew G. Morris,
The Executive Role in Culturing Export Control Compliance,
Mich. L. Rev.
Available at: http://repository.law.umich.edu/mlr/vol104/iss7/7