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EU Related Items and Policy

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On 7 October 2020, the European Commission adopted the revised Annex I (the “Dual-Use List”) to Regulation 428/2009 (the “Dual-Use Regulation”) (see here). The new Dual-Use List came into force on 15 December 2020. The Dual-Use List is refreshed on an annual basis to take into account updates to international non-proliferation regimes and export control arrangements. The latest updates reflect changes from reviews carried out by the Wassenaar Arrangement in particular, and also from reviews…

On 28 July 2020, the EU agreed to impose EU-wide measures to restrict the export of certain items to Hong Kong. The EU Council’s press release can be found here. These restricted goods include equipment or technology that could be used for internal repression, interception of internal communications or cyber surveillance. Like recent US and UK measures, the new EU export controls have been proposed in response to the recent HK National Security Law. Germany…

In its March 2019 paper “EU-China – A strategic outlook” (Strasbourg, 12.3.2019 JOIN(2019) 5 final), the EU examined the impact of Chinese state subsidies, and protection of the domestic market on investment by Chinese companies in the EU, and the limitations EU law has in dealing with any such impact. The paper stated: “EU policy tools do not fully address the effects within the EU internal market of subsidies granted by foreign governments. EU…

In a judgement of 7 April 2020 (ECLI:NL:HR:2020:623), the Dutch Supreme Court confirmed that the EU Blocking Regulation (“EUBR”) does not prevent extradition of an Iranian national to the United States for their alleged involvement in US export controls and sanctions violations. With this judgement, the Supreme Court upheld the judgement of the District Court of Rotterdam of 5 July 2019 (ECLI:NL:RBROT:2019:5338).   This case was triggered by an extradition request for an Iranian national…