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There Are So Many US Restricted Party Lists, Do I Really Need to Search Them All?

Several circumstances may trigger the need for non-US parties to conduct restricted party screening against the various lists published by the US government.  Deciding whether screening is useful, and which lists to screen against, depends upon the particulars of the business activity or contemplated transaction.  The increasing prevalence of secondary sanctions from the United States makes screening against US lists… … Keep Reading

EU updates its list of dual-use items

The EU Commission recently updated the EU list of dual-use items, through the adoption of its annual Delegated Regulation. This update follows the decisions taken within the different framework of the international non-proliferation regimes and export control arrangements in 2015, and comes after the publication of the new draft Dual-Use Regulation, which provides for the control of specific cyber-surveillance technologies… … Keep Reading

Modernization of the EU export control system: What’s next? (I)

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

Tipping the Scales :Balancing US Trade Controls’ Restrictions on Access with EU Labor and Privacy Rules (IV)

As discussed in our recent posts, it is necessary for purposes of complying with US export controls to understand the nationality of company employees who may access controlled technology so that proper export authorization can be arranged. Yet the company must also balance this need for information with the limitations on getting such information based on local labor and privacy… … Keep Reading

Tipping the Scales: Balancing US Trade Controls’ Restrictions on Access with EU Labor and Privacy Rules (III)

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

Tipping the Scales: Balancing US Trade Controls’ Restrictions on Access with EU Labor and Privacy Rules (II)

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

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