Posts Tagged ‘export restrictions’

Bernd Lange sees breakthrough for human rights in EU dual-use export

December 12, 2020



On 11 December 2020 Bernd Lange, Vice-chair of the Group of the Progressive Alliance of Socialists and Democrats in the European Parliament, wrote in New Europe the following piece about how after 6 years there has come an European agreement on stricter rules for the export of dual-use goods, which can be used for both civilian and military ends.


All good things are worth waiting for. After long six years negotiators from the European Parliament, the Commission and member states finally agreed on stricter rules for the export of dual-use goods, which can be used for both civilian and military ends. Parliament’s perseverance and assertiveness against a blockade by some of the European Union member states has paid off in the sense that as of now respect for human rights will become an export standard.

Up until now, export restrictions applied to aerospace items, navigation instruments or trucks. From now on, these rules will also apply to EU produced cyber-surveillance technologies, which demonstrably have been abused by authoritarian regimes to spy on opposition movements; for instance, during the Arab Spring in 2011.

This is a breakthrough for human rights in trade by overcoming years of various EU governments blocking the inclusion of cyber-surveillance technology in the export control rules for dual-use goods. Without a doubt: Technological advances, new security challenges and their demonstrated risks to the protection of human rights required more decisive action and harmonised rules for EU export controls.

Thanks to the stamina of the Parliament, it will now be much more difficult for authoritarian regimes to abuse EU produced cybersecurity tools such as biometric software or Big Data searches to spy on human rights defenders and opposition activists. Our message is clear: economic interests must not take precedence over human rights. Exporters have to shoulder greater responsibility and apply due diligence to ensure their products are not employed to violate human rights. We have also managed to increase transparency by insisting on listing exports in greater detail in the annual export control reports, which will make it much harder to hide suspicious items.

In a nutshell, we are setting up an EU-wide regime to control cyber-surveillance items that are not listed as dual-use items in international regimes, in the interest of protecting human rights and political freedoms. We strengthened member states’ public reporting obligations on export controls, so far patchy, to make the cyber-surveillance sector, in particular, more transparent. We increased the importance of human rights as licensing criterion and we agreed on rules to swiftly include emerging technologies in the regulation.

This agreement on dual-use items, together with the rules on conflict minerals and the soon to be adopted rules on corporate due diligence, is establishing a new gold standard for human rights in EU trade policy.

I want the European Union to lead globally on rules and values-based trade. These policies show that we can manage globalisation to protect people and the planet. This must be the blueprint for future rule-based trade policy.

UK criticised for selling spyware and wiretaps to 17 repressive regimes including Saudi Arabia and China

July 13, 2020

Jon Stone in the Independent of 13 july 2020 wrote about the UK Government being urged to explain £75m exports to countries rated ‘not free’. The British government is providing more than a dozen repressive regimes around the world with wiretaps, spyware and other telecommunications interception equipment they could use to spy on dissidents, public records show. Despite rules saying the UK should not export security goods to countries that might use them for internal repression, ministers have signed off more than £75m in such exports over the past five years to states rated “not free” by the NGO Freedom House.

The 17 countries include China, Saudi Arabia and Bahrain, as well as the United Arab Emirates, which was the biggest recipient of licences totalling £11.5m alone since 2015….One such beneficiary of the UK’s exports is Hong Kong, which had a £2m shipment approved last year despite ongoing repression of pro-democracy protests. The Philippines, where police extrajudicial killings are rampant, has also provided steady business for British firms hawking surveillance systems.,,

A government spokesperson said blandly : “The government takes its export responsibilities seriously and assesses all export licences in accordance with strict licensing criteria. We will not issue any export licences where to do so would be inconsistent with these criteria.” But Oliver Feeley-Sprague, Amnesty International UK’s programme director for military, security and police affairs, said the UK did not seem to be undertaking proper risk assessments when selling such equipment and said the government’s controls were becoming “notorious” for their “faulty decision-making”

With numerous human rights defenders arrested and jailed in countries like Saudi Arabia, the UAE and Turkey in the past five years, there’s a greater need than ever for the UK to be absolutely scrupulous in assessing the risk of UK telecoms technology being used unlawfully against human rights activists, journalists, and peaceful opposition figures.

“It’s just not clear that the UK is undertaking proper risk assessments when selling this equipment, and it’s not clear whether UK officials are making any effort to track how the equipment is used in one, two or three years’ time.

This week international trade secretary Liz Truss announced the UK would be resuming arms exports to Saudi Arabia, after a court had previously ordered that they were suspended. The government said it had reviewed claims that Saudi forces in Yemen had breached international humanitarian law and said any possible breaches were “isolated incidents” because they had happened in different places and different ways.

Andrew Smith of Campaign Against Arms Trade said the sale of the spying equipment raised “serious questions and concerns”.

See also: https://humanrightsdefenders.blog/2019/05/14/beyond-whatsapp-and-nso-how-human-rights-defenders-are-targeted-by-cyberattacks/

https://www.independent.co.uk/news/uk/politics/uk-spyware-wiretaps-saudi-arabia-china-bahrain-uae-human-rights-a9613206.html

European Parliament votes to restrict exports of surveillance equipment

January 22, 2018

Members of the European Parliament have voted to curb export of surveillance equipment to states with poor human rights records, following mounting evidence that equipment supplied by companies in Europe has been used by oppressive regimes to suppress political opponents, journalists and campaigners. MEPs in Strasbourg agreed on 17 January to extend EU export controls to include new restrictions on the export of surveillance equipment, including devices for intercepting mobile phones, hacking computers, circumventing passwords and identifying internet users. The proposals also seek to remove encryption technologies from the list of technologies covered by EU export controls, in a move which aims to make it easier for people living in oppressive regimes to gain access to secure communications which can circumvent state surveillance.

Dictators spy on their citizens using EU cyber-surveillance. This must stop. The EU cannot contribute to the suffering of courageous activists, who often risk their lives for freedom and democracy,” said MEP Klaus Buchner, European Parliament rapporteur. “We are determined to close dangerous gaps in the export of dual-use goods and call on member states to follow suit.”

The proposed changes to the EU dual use export control regime are likely to face opposition from the defence industry and governments, as the European Parliament, and the European Commission prepare to negotiate their implantation with Europe’s 28 member states.

European technology companies, including UK firms, have supplied equipment that  has been used for arresting, torturing, and killing people in Iran, Egypt, Ethiopia, and Morocco, according to the European Parliament. An investigation by Computer Weekly revealed that the UK government had approved export licences to Gamma International (UK) to supply mobile phone interception equipment, known as IMSI catchers, to Macedonia, when the regime was engaged in a massive illegal surveillance operation against the public and political opponents.

And the UK’s largest arms manufacturer, BAE Systems, has exported equipment capable of mass internet surveillance to countries that campaigners say regularly commit human rights abuses, including Saudi Arabia, Qatar, Oman, Morocco and Algeria. An overwhelming majority of MEPs supported reforms to the EU’s export control regime, which will require member states to deny export licences if the export of surveillance technology is likely to lead to a serious impact on human rights in the destination country. The proposed changes, backed by 571 votes to 29 against, with 29 abstentions, will impose tough requirements for EU governments.

Member states will be required to assess the likely impact of surveillance technology on citizens’ right to privacy, freedom of speech, and freedom of association, in the destination country before they grant  export licences – a significant step up from current levels of scrutiny.

The proposed rules contain safeguards, however, that will allow legitimate cyber-security research to continue. Companies exporting products that are not specifically listed will be expected to follow the OECD’s “due diligence” guidelines, if there is a risk they could support human-rights violations.

Improved transparency measures will require member states to record and make data on approved and declined export licences publicly available, opening up the secretive global trade in surveillance technologies to greater public scrutiny.

http://www.computerweekly.com/news/252433519/European-Parliament-votes-to-restrict-exports-of-surveillance-equipment