HEXDI Integrates EU Standards

On July 30, 2019, the European Union (“EU”) issued the EU Guidance on Internal Compliance Programme (ICP) For Dual Use Trade Controls.  [F/N 1]  

The EU guidance follow release of the European Union Dual Use Coordination Group’s Draft EU Guidance on Best Practices for Internal Compliance Programmes in September 2018. [F/N 2]  

Same as the draft guidance, the EU guidance focus on exports of dual-use items and lists the following core elements as essential for an effective compliance program:

1. Top-level management commitment to compliance;
2. Organization structure, responsibilities and resources;
3. Training and awareness raising;
4. Transaction screening process and procedures;
5. Performance review, audits, reporting and corrective actions;
6. Recordkeeping and documentation; and
7. Physical and information security.

HEXDI has integrated 44 additional government standards reflected in the EU guidance, which now replace standards previously reflected in the Draft EU guidance.

[F/N 1] See EU Guidance on Internal Compliance Programme (ICP) For Dual Use Trade Controls(2019), available at https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019H1318&from=EN

[F/N 2] See European Union Dual Use Coordination Group, Draft EU Guidance on Best Practices for Internal Compliance Programmes (September 2018), available at http://trade.ec.europa.eu/doclib/docs/2018/september/tradoc_157336.pdf

The above is not intended as an exhaustive list of restrictions that may apply to a particular transaction nor advice for a specific transaction because the specifics of an individual case may implicate application of other U.S. laws as well as foreign laws that carry added or different requirements. In addition, U.S. export control and sanctions laws are frequently subject to change. Such changes can affect the continued validity of the information above.