Even though the legislative process on a proposal to update the current EU dual-use regulation is still ongoing, various EU export control authorities have already started applying particular aspects of the proposed legislation to businesses.
For example, the Dutch export control authorities will only issue certain types of global licenses if a “human rights” paragraph is included in the internal compliance program. This reflects that the local export control authorities are acting in advance of legal developments.
The European Commission in 2016 proposed updating the current EU dual-use regulation (no. 428/2009) for export control in order to modernize the system so as to address potential threats and to reflect technological changes. Under the proposed update of the EU dual-use regulation, the scope of what is a “dual-use item” would be broadened to include cyber-surveillance technology that can be used for the commission of serious violations of human rights or international humanitarian law, or can pose a threat to international security or the essential security interests of the EU.
Read a March 2017 report prepared by the KPMG member firm in the Netherlands
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