US draft guidance for the export of hardware, software and technology with surveillance capabilities
The US Department of State has issued draft guidance for the export of hardware, software and technology with surveillance capabilities.
This includes a checklist of due diligence considerations, red flags, and resources to assess the human rights records, laws and practices of the government end-user of the exports.
The guidance encourages exporters to provide human rights safeguards in contracts, and should include protections for the exporter, including:
- “export compliance clauses requiring end-users to comply with US export controls”;
- “limitations on how an item can / cannot be used”; and
- to “reserve the exporter’s right to terminate access to technology […] if the exporter uncovers (in its sole discretion) evidence that the technology is being misused”.
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