News

US draft guidance for the export of hardware, software and technology with surveillance capabilities

10/10/2019

The US Department of State has issued draft guidance for the export of hardware, software and technology with surveillance capabilities.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:

  1. export compliance clauses requiring end-users to comply with US export controls”;
  2. limitations on how an item can / cannot be used”; and
  3. 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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