Export Controls Linked with Human Rights Concerns in New Initiative

The U.S. and others have announced a voluntary, non-binding written code of conduct outlining commitments to apply export controls to prevent the proliferation of goods, software, and technologies that enable serious human rights abuses.

Those that have endorsed this code of conduct to date include Albania, Australia, Bulgaria, Canada, Costa Rica, Croatia, Czechia, Denmark, Ecuador, Estonia, Finland, France, Germany, Japan, Kosovo, Latvia, The Netherlands, New Zealand, North Macedonia, Norway, Slovakia, South Korea, Spain, and the United Kingdom. Other participants in the Summit for Democracy may join as well.

According to information from the State Department, the new code of conduct calls on participants to take the following actions.

– take human rights into account when reviewing potential exports of dual-use goods, software, or technologies that could be misused to commit serious violations or abuses of human rights

– share best practices in developing and implementing export controls on such items

– share information on emerging threats and risks associated with the trade of such items

– consult with the private sector, academia, and civil society representatives on human rights concerns and effective implementation of export controls

– encourage private sectors to conduct due diligence in line with national law and the United Nations Guiding Principles on Business and Human Rights or other complementing international instruments

Participants will meet later this year to begin discussions on implementing these commitments.

For more information on export controls and ensuring your company is in compliance, please contact attorney Kristine Pirnia via email.