In last week’s post, we discussed the US trade controls’ restrictions on access to controlled technical information. As a consequence of these restrictions, European employers may be required to communicate the names, nationality and potentially other information on their employees who will have access to such technical information.
European entities that receive controlled technology from US parties often find themselves with a bit of a quandary: how to balance the US trade controls’ restrictions on access to controlled technical information with local privacy and labor rules. This series of posts will describe the issues that arise under the relevant US and EU rules and strategies that can be used to address those issues.
As reported in one of our earlier posts on the leaked proposal for recasting the EU control regime for dual-use items (Regulation 428/2009), the Commission specifically aims to subject cyber-surveillance technology to control. This is part of a broader move to introduce human rights as a factor for consideration when exporting dual-use items (see also our post on export controls as a toolbox for human rights policy). Given the potential for abuse of cyber-surveillance technology by repressive governments this is undoubtedly a welcome development. But there is concern that the proposal is too inarticulate in this respect such that it will also inhibit trade in technology used for legitimate purposes.
Following last year’s successful seminar, there have been a number of important developments in the area of export control regulations and economic sanctions. Foreseeable international events are expected to have a significant impact in the near future. This calls for an update on trade controls from both a US and EU perspective.