United Nations Global Compact - Communication on Progress 2022
Since 2021, van Berings has been committed to the UN Global Compact and we are glad to share with you our 2022 Communication on Progress.
On May 10th, 2021, the Council of EU adopted a regulation for the upgrade of the EU system on export controls of dual-use items ("NewDual-UseRegulation"). Purpose of the New Dual-Use Regulation is to strengthen controls on a wider range of dual-use goods, assuring a more effective enforcement of such controls throughout EU. Once effective, the New Dual-Use Regulation will replace the Regulation (EC) n. 428/2009.
In the current scenario, Regulation (EC) n. 428/2009 requires a pre-authorization in order for the operators to export, broker, and transfer dual-use items. The New Dual-Use Regulation aims at modernizing the provisions on dual-use items in light of the latest technological innovations, by encompassing also emerging dual-use technologies (such as, cyber-surveillance items), as well as by imposing control on further actives performed by operators on dual-use items (such as, the technical assistance).
The New Dual-Use Regulation will impose greater obligations on the operators. In particular, it will:
(a)introduce export controls for cyber-surveillance items, also in order to prevent potential violations of human rights committed through digital surveillance systems; and
(b)strength the role of companies, by introducing due diligence obligations for producers aimed at identifying dual-use related risks; and
(c)enlarge the definition of "exporter", by including also natural persons carrying dual-use items in their personal luggage; and
(d)improve the coordination between Member States and the EU Commission on export controls.
Anyway, the New Dual-Use Regulation highlights the need to reduce administrative burdens on SMEs, by introducing certain general export authorizations, ensuring – however – an appropriate level of control.
Once signed by the EU Parliament and the Council, the New Dual-Use Regulation will be published in the EU Official Journal and enter into force ninety days later.
DISCLAIMER: the content of this news is for informational purposes only and neither represents, nor can be construed as a legal opinion