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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On March 30, 2023, the Department of Commerce&rsquo;s Bureau of Industry and Security released a series of <a href="https://www.bis.doc.gov/index.php/documents/pdfs/3239-2023-bis-human-rights-faqs/file" target="_blank" rel="noreferrer noopener">Frequently Asked Questions (FAQs)</a> regarding human rights concerns and export controls.&nbsp;The FAQs address BIS&rsquo; authority under the Export Administration Regulations (EAR) to consider human rights concerns when reviewing export license applications, and states that exporters &ldquo;are expected to exercise due diligence with regard to identifying human rights concerns.&rdquo; The FAQs highlight that exporters should &ldquo;know your customer&rdquo; and may not &ldquo;self-blind&rdquo; by ignoring information that may indicate a proposed export may contribute to human rights violations or abuses.
In reviewing any license application for human rights concerns, BIS considers: (i) the items involved, (ii) country of destination, (iii) end-user(s), (iv) the specific nature of the end-use(s), and (v) the risk of unauthorized use or diversion as well as any assurances or safeguards to minimize such risk.&nbsp;The FAQs provide helpful links to policy guidance as well as Department of State and United Nations (UN) reference sources and advisories.&nbsp;BIS also notes that export controls for human rights concerns may be controlled under the &ldquo;Crime Control,&rdquo; &ldquo;National Security,&rdquo; &ldquo;Regional Stability&rdquo; and &ldquo;Surreptitious&nbsp;Listening&rdquo; reasons for control categories.&nbsp;
The FAQS also confirm that BIS has the authority to place parties on the Entity List for engaging in or enabling human rights violations or abuses.&nbsp;See Update of <a href="https://www.thompsonhinesmartrade.com/2023/03/bis-amends-ear-to-explicitly-include-protection-of-human-rights-adds-11-entities-to-entity-list/">March 30, 2023</a>.

BIS Releases Human Rights FAQs for Export License Applications

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