HUMAN RIGHTS

in the Export Compliance

Export Controls Laws converging towards more attention to the protection of Human Rights

The recast of the EU Regulation 2021/821 of 20 May 2021 heightens controls on emerging technologies and empowers the private sector in addressing risks to global security and human rights by introducing due diligence obligations:
Article 5 (Preamble)
An effective common system of export controls on dual-use items is therefore necessary to ensure that the international commitments and responsibilities of the Member States and of the Union, in particular regarding non-proliferation, regional peace, security and stability and respect for human rights and international humanitarian law, are complied with.

From Article 5 (1), Article 9 (1) and Article 10 (1) 
the Regulation includes internal repression and human rights and international humanitarian law violations in its catch-all criteria for non-listed cyber-surveillance items. It maintains human rights considerations and public security in its catch-all for non-listed dual-use items – adding the prevention of acts of terrorism.
The Regulation also adds a catch-all, whereby authorisations if the competent authority considers that the items are or may be intended for uses of concern with respect to public security, e.g. acts of terrorism, and human rights considerations. 

Three Generations of Human Rights

The classification was suggested by the Czech jurist Karel Vasak in 1979.
Vasak divided Human Rights into three groups that he called generations. 

1 The first generation deals with individual freedom and participation in political life - e.g. the right to life, equality before the law, freedom of speech, freedom of religion, property rights, the right to a fair trial, and voting rights. 2 The second generation is related to equality and includes social, economic and cultural rights - e.g. the right to just and favorable conditions of work the right of protection against unemployment, the right to equal work for equal pay. 3 The third generation is also known as solidarity human rights including the rights to development, to peace, to a healthy environment, to communication and humanitarian assistance (ref. Council of Europe). Fourth generation of human rights is still in development, and at the present stage of its formation includes rights related to digital technologies and biomedical rights.
Image

Export Controls Laws converging towards more attention to the protection of Human Rights

 

Image

The recast of the EU Regulation 2021/821 of 20 May 2021 heightens controls on emerging technologies and empowers the private sector in addressing risks to global security and human rights by introducing due diligence obligations:
Article 5 (Preamble)
An effective common system of export controls on dual-use items is therefore necessary to ensure that the international commitments and responsibilities of the Member States and of the Union, in particular regarding non-proliferation, regional peace, security and stability and respect for human rights and international humanitarian law, are complied with.

From Article 5 (1), Article 9 (1) and Article 10 (1) 
the Regulation includes internal repression and human rights and international humanitarian law violations in its catch-all criteria for non-listed cyber-surveillance items. It maintains human rights considerations and public security in its catch-all for non-listed dual-use items – adding the prevention of acts of terrorism.
The Regulation also adds a catch-all, whereby authorisations if the competent authority considers that the items are or may be intended for uses of concern with respect to public security, e.g. acts of terrorism, and human rights considerations. 

Three Generations of
Human Rights

The classification was suggested by the Czech jurist Karel Vasak in 1979.
Vasak divided Human Rights into three groups that he called generations. 

1 The first generation deals with individual freedom and participation in political life - e.g. the right to life, equality before the law, freedom of speech, freedom of religion, property rights, the right to a fair trial, and voting rights. 2 The second generation is related to equality and includes social, economic and cultural rights - e.g. the right to just and favorable conditions of work the right of protection against unemployment, the right to equal work for equal pay. 3 The third generation is also known as solidarity human rights including the rights to development, to peace, to a healthy environment, to communication and humanitarian assistance (ref. Council of Europe).

The fourth generation of human rights is still in development, and at the present stage of its formation includes rights related to digital technologies and biomedical rights.

Information

This is the EIFEC Global site.

We are the Export Compliance international standard-setting body and has the multidisciplinary knowledge and competence that allows to define and develop, by innovation, Standards, guidelines and certification mechanisms for emergency situations or critical areas of any nature.

The main areas covered are the threat of nuclear, biological and chemical armaments proliferation, sanctions, AML, Health Emergency Risk in epidemic context.

EIFEC

Be in touch

Image