Above All, Do No Harm: The Application of the Exon-Florio Amendment to Dual-Use Technologies

In support of this proposition, this Note will first examine the legislative history and executive enforcement of the Exon-Florio Amendment, followed by a discussion of the goals of Exon-Florio and the applicability of Exon-Florio to dual-use technologies. Then, after an examination of the attitudes and experience of the European Community with regards to such protectionism, specifically in France and the United Kingdom, this Note will argue that vigorous enforcement of the Exon-Florio Amendment, and a fortiori passage of the Technology Preservation Act, is likely to result in less, not more, domestic production of dual-use technologies. As a matter of defense policy, the United States would be better off by allowing foreign ownership of dual-use industries and relying on its sovereign authority to nationalize those industries in time of war to ensure production if the situation so demands.