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Controlling Diversion: How Can We Convert The Toshiba-Kongsberg Controversy Into A Victory For The West, Jere W. Morehead

Northwestern Journal of International Law & Business

Since the revelations last year that a Toshiba Corporation subsidiary illegally sold the Soviet Union tools to make superquiet submarine propellers, the United States government has struggled to develop an appropriate response for punishing the Japanese company. Unfortunately, the proposals advanced by the United States have not been directed at using this episode to advance meaningful reforms in both domestic and multilateral export controls. This Perspective will examine the Toshiba-Kongsberg case, summarize the current state of export controls, and suggest a strategy to improve upon the poor record of the West in controlling the diversion of strategic technology to the …