The US State Department has issued draft guidance for the export of relevant hardware, software and technology (including parts and related know-how) because such items can be misused to violate or abuse human rights. The guidance seeks to assist exporters of items with intended and unintended surveillance capabilities with implementation of the UN Guiding Principles on Business and Human Rights, as well as the OECD Guidelines for Multinational Enterprises. The guidelines aim to provide insight to exporters on considerations to weigh prior to exporting these items, and offer greater understanding of the human rights concerns that the US Government may have. They require that an exporter exercise “due diligence”.
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