On 9th September, Hogan Lovells published an article about recent draft guidance from the State Department on the export of hardware, software and technology with surveillance capabilities and/or parts or know-how.  It says that this guidance is consistent with the Trump Administration’s recent focus on the use of surveillance by certain governments against civilian populations in trouble spots around the world.  While it is not mandatory for export control and sanctions compliance purposes, but it is relevant for companies to consider in building and enhancing their compliance programmes.  The draft guidance focuses on the export of items that “can be misused to violate or abuse human rights when exported to government end-users or private end-users that have close relationships with the government”.  Notably, the guidance does not apply to just makers of items designed for surveillance, such as cameras or listening devices, but has much broader implications.  Comments on the draft guidance may be submitted by 4th October.  The article says that the draft guidance can be understood as a set of “best practices” that companies operating in this space should use to benchmark their own policies and procedures against the US Government’s expectations for exporters of sensitive technologies that are susceptible to misuse in the wrong hands, and as a roadmap for steps that companies can take to mitigate these risks, and it takes a broad approach to what is considered appropriate “due diligence” that exporters should undertake.

This blog is primarily for my own use, to keep informed and up to date. However, if you would like to say thank you (and perhaps help me get a new, better laptop when I am away…) you can “buy me a coffee” at

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s