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

As discussed in our earlier post on the modernisation of the EU Dual-Use Regulation, it is the revised ‘catch-all’-provision that most worries exporters. The inclusion of human rights criteria, the corner stone of the new ‘human security’ approach in the Dual-Use Regulation, risks to lead to new uncertainties for exporters (and their national regulators).

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EU publishes ‘guidance’ on controls on Information Security items and the Cryptography Note

On 25 October 2016 the EU published its brief Guidance Note 1/2016 concerning FAQ on controls of ‘Information Security’ items and implementation of the Cryptography note exemption.

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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…

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EU Commission to take a tough stance on the issue of human rights in the recast of the Dual Use Regulation

The recast of Regulation 428/2009 (“the Dual-use Regulation”), which has been an on-going project for the last two years, now appears to have come to a turning point, with a draft proposal from the EU Commission. The leaked document (link), yet to be formally communicated to the EU Parliament and Council, foresees a range of important changes that should be…

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