BAFA Publishes Interpretive Doc on EU 821 ‘Catch-All’
The German export control competent authority, BAFA has issued a document (in English) intended to assist industry to understand and comply with the key Article 5 of the EU dual-use regulation or ‘recast’, Regulation 821/2021.
Article 5 concerns the application of end use-related controls on non-listed cyber-surveillance items (i.e., ‘catch-all’) that can be used in connection with internal repression, serious violations of human rights or serious violations of international humanitarian law.
The document urges exporters of cyber-surveillance items to ‘familiarise themselves with the situation in the relevant destination of the items, especially with the general condition of human rights there, as this provides an important indicator of the risk of serious violations of human rights and violations against international humanitarian law connected with an export.’
Where the exporter has ‘no information on the situation on the country of destination, such as the general human rights conditions there, it is not acceptable for the exporter in the course of its due diligence to ignore information that is obtainable from accessible sources in a reasonable manner and without great effort.’
A practitioner told the Atlas team that the production of the document demonstrated BAFA’s ‘commitment to supporting the new regulation, its propagation and adherence by the compliance community’.
Read more here: https://www.bafa.de/SharedDocs/Downloads/EN/Foreign_Trade/ec_leaflet_art-5_eu-dual-use-regulation.pdf?__blob=publicationFile&v=2
