The Executive Role in Culturing Export Control Compliance

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.