The combination of innovation and digitization causes severe disruption to existing controls and regimes. New technologies have potential to disrupt if not evade traditional export control regimes and create significant challenges for businesses and regulators alike. Keep Reading
On 16 January 2017, the European Commission published its latest update of the TARIC CN-DU Correlation Table which establishes links between the customs classification codes (HS/CN) and export control classification codes (ECN). By Bert Gevers, Yassine el Bojaddaini & Megan Gajewski Barnhill , 21 February 2017. As this correlation table sometimes confuses exporters when determining whether an item is controlled for… Keep Reading
In this first post on a new series, we will discuss the most debated topic of the proposal thus far, which is the establishment of specific human rights based controls on cyber-surveillance technologies. By Bert Gevers, Megan Gajewski Barnhill & Jochen Vankerckhoven, 28 October 2016. On 28 September 2016 the EU Commission published its proposal for a modernization of the EU export… Keep Reading
In last month’s post, we discussed the legitimacy of the collection and processing of employee data for the purpose of complying with US trade controls regulations, and in particular with restrictions on access to controlled technical information. As a consequence of these restrictions, European employers may be required to provide to the US State Department certain information relating to employees… Keep Reading
The European Commission published its long debated proposal for the recast of the Dual-Use Regulation. By Olivier Coulon, Bert Gevers & Gerard Kreijen, 29 September 2016 The proposal, which remains close to the draft that was leaked earlier in July, sets out important changes, likely to impact EU businesses. Keep Reading
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. By Marga Caprioni, Stéphanie De Smedt and Bert Gevers, 20 September 2016 Keep Reading
With the introduction of the new Union Customs Code (UCC) on 1 May 2016, the status of Authorized Economic Operator (AEO) became the cornerstone of the revised customs legislation in the EU. By Bert Gevers, Jack Nuijten and Yassine El Bojaddaini This concept of certified traders was first introduced in the EU in 2008 in order to enhance international supply… Keep Reading
The substantial risk associated with the expansion and enhanced enforcement of trade controls has a direct impact on due diligence in cross-border M&A transactions Non-compliance by the target with international trade laws and regulations may not only have a material adverse impact on the value of the transaction, it may also trigger the vendor and even buyer’s liability, and affect… Keep Reading