BAFA publishes updated Export Controls Guidance Document

The German Federal Office for Economic Affairs and Export Control (BAFA) has published an updated English version of their Export Controls guidance document.  The "Brief Outline on Export Controls" provides information related to Licensing requirements, application procedures, and information sources.  

The new edition provides updates for the following:

  • The amendment of the Foreign Trade and Payments Act (AWG) and of the Foreign Trade and Payments Regulation
  • Introduction to the new General Licenses 26 and 27
  • Update on the embargo provisions
  • Firearms regulation

Click here for the pdf of the updated document. 

For more information contact your GCSG experts.

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US Approves New Policy on Exports of Unmanned Aerial Systems

On April 19, 2018 the U.S. Department of State announced that the President has approved a new policy in regards to the export of unmanned aerial systems (UAS).  The policy applies to all U.S. origin UAS, including those under the control of the United States Munitions List (USML) and those under the Commerce Control List (CCL).

The policy addresses five major objectives:

  • Increases trade opportunities for U.S. companies
  • Facilitates international partners access to U.S. UAS
  • Strengthen bilateral relationships through UAS transfers
  • Prevent state or non-state actors from gaining capabilities that would undermine the US
  • Prevent the proliferation of weapons of mass destruction (WMD) delivery systems   

Transfer conditions:

  • Armed UAS - transfers may be made via Direct Commercial Sales (DCS) or Foreign Military Sales (FMS)
  • Unarmed UAS - transfers may be made via DCS or FMS
  • Civil UAS - continue to be subject to the licensing requirements and policies of the Export Administration Regulations 

For additional details see the State Department press release: https://www.state.gov/r/pa/prs/ps/2018/04/280619.htm

Contact the experts at GCSG for more information.

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BIS Export Controls Update: May 14-15, 2018 in D.C.

The U.S. Department of Commerce, Bureau of Industry and Security (BIS) announced it will hold its annual export controls update conference on May 14-15, 2018 in Washington, D.C.  The conference will be hosted at the Marriott Marquis Hotel.  For additional information contact BIS at: UpdateConference@bis.doc.gov or +1 (202) 482-6031.

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India joins the Australia Group

On January 19, 2018 the Indian Ministry of External Affairs announced that India has joined the Australia Group (AG).  The AG, in a consensus decision, admitted India as the 43rd participant.  

The Australia Group, established in 1985, is a voluntary and informal export control arrangement in which 42 countries, as well as the European Union, coordinate their national export controls.  The purpose is to limit the supply of chemicals and biological agents-as well as related equipment, technologies, and knowledge-to countries and entities that are suspected of pursuing chemical or biological weapons capabilities. 

GCSG's compliance experts closely follow dual-use developments.  Contact us at info@globalcompliancesg.com with any additional question's or for more information.

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EU export controls to be extended to cover human rights violations

On Thursday, November 23, 2017, EU Trade Committee MEPs voted to extend export controls to civilian goods and technologies that might be used for human rights violations.  New rules will be developed that will add certain cyber-surveillance tools to the list of goods and technologies that need to be approved prior to export.

Trade Committee suggestions include:

  • "Strengthening the protection of the right to privacy, data and, freedom of assembly, by adding clear-cut criteria and definition to the regulation.
  • Exporters of products not listed in the regulation but which could be used for human-rights violations, have to make sure that their goods won't fall into the wrong hands, by following OECD-based 'due diligence' guidelines.
  • The Commission must publish a handbook before the entry into force of the new rules, so that EU businesses know what they can and cannot do.
  • New risks and technologies have to be swiftly included in the regulation.
  • Creating a level playing field among member states, by, for example, introducing similar penalties for non-compliance, along with greater transparency of national authorities export control decisions." (1)

Klaus Buchner (Greens/EFA, DE) said: "With today's vote we extend effective control to cyber-surveillance technology.  We close loopholes that otherwise result in innocent people across the world being imprsioned, tortured and killed.  We make the protection of human rights a central aspect of dual-use export control.  We add strong, new transparency measures and include civil society participation, whilst continuing to create value-based European trade policy." (1) 

Key Term(s):

  • MEP - Member of the European Parliament  

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The Australia Group Posts Dual-Use Equipment & Tech Control List

In May 2017, the Australia Group posted a control list of dual-use chemical manufacturing facilities and equipment and related technology and software on their website.

The Australia Group, established in 1985, is a voluntary and informal export control arrangement in which 41 countries, as well as the European Union, coordinate their national export controls.  The purpose is to limit the supply of chemicals and biological agents-as well as related equipment, technologies, and knowledge-to countries and entities that are suspected of pursuing chemical or biological weapons capabilities.

The May 2017 web page includes information related to the four main sections listed below.

  1. Manufacturing facilities and equipment
    • Reaction vessels, reactors or agitators
    • Storage tanks, containers or receivers
    • Heat exchangers or condensers
    • Distillation or absorption columns
    • Filling equipment
    • Valves
    • Multi-walled piping
    • Pumps
    • Incinerators
  2. Toxic Gas Monitors and Monitoring Systems, and their dedicated detecting components
  3. Related Technology
  4. Software

GCSG's compliance experts closely follow dual-use developments.  Contact us at info@globalcompliancesg.com with any additional question's or for more information.