In our previous post, we discussed the export controls enforcement case brought against a logistics provider. At the same date, the same court also issued a judgment against an airline company that had acted as a carrier of certain military goods. (Rechtbank Noord-Holland, nr. 15/994178-17, 24 April 2017). This second case contains some observations by the Court that are worth highlighting… Keep Reading
Unlike in the US, few European countries disclose detailed records of the enforcement of export control regulations. The Netherlands are no exception to this rule. For their guidance, economic operators basically will have to depend on the odd court case. Remarkably, a Dutch court recently rendered two separate judgments concerning export controls enforcement at the same date. By Gerard Kreijen,… Keep Reading
Will the Trump administration stick to or break with established US trade control policies and what could be the implications for our trade with Russia and Iran? Can we predict the consequences of a ‘hard Brexit’ and will it be possible for EU companies to anticipate? How do trade controls relate to the IT & Communications sector and what are… Keep Reading
As discussed in our previous post, the report published earlier this year by the EASME regarding the dual-use potential of certain Key Enabling Technologies (KETs) highlights the importance for companies in this area to be aware of the possibility of such technologies being or becoming subject to control under the EU Dual Use Regulation. By Megan Gajewski Barnhill & Roland… Keep Reading
Deciding to whom to submit a voluntary disclosure is also important. US as well as EU businesses should realize that in some cases more than one set of laws and regulations may apply. By Susan Kovarovics, Gerard Kreijen & Jochen Vankerckhoven, 15 May 2017 For instance, if items are controlled under EU export controls and subject to EU trade sanctions,… Keep Reading
A recent study report (accessible here), originally ordered by EASME (the European Executive Agency for SMEs), addresses the dual-use potential of Key Enabling Technologies (KETs). The report deserves the particular attention of SMEs involved in KET research and development, because the dual-use potential of these technologies, if realized, is likely to bring the activities of these SMEs within the scope… Keep Reading
Once you have decided to do a voluntary disclosure, timing of the submission is an important consideration. By Susan Kovarovics & Bert Gevers, 27 April 2017 Under US export controls and trade sanctions regulations, the disclosure will count as a “voluntary disclosure” only to the extent that it is submitted to the relevant agency before the US government discovers the… Keep Reading
In a recent judgement of 28 March 2017 (Case-72/15), involving PJSC Rosneft Oil Company (Rosneft), the Court of Justice of the European Union (CJEU) has ruled on the validity of the EU sanctions against Russia and clarified some important issues concerning the scope of these sanctions. The judgement has drawn attention, because the interpretation and scope of the sanctions has… Keep Reading