Regulatory & International Trade | RIT - Helping Businesses Clear Regulatory Hurdles in Europe

Understanding French Export and Re-Export Prohibitions: Ministry of Armed Forces Releases FAQ on Non Re-Exportation Certificates

by Sabine Naugès and Michal Chajdukowski | Nov 22, 2024 | France, Sanctions & Export Control

On October 10, 2024, the French Ministry of Armed Forces released an FAQ relating to a Non-Re-Exportation Certificate (NRC), available in French here (FAQ). This document provides practical guidance to military companies exporting equipment covered by the prohibition on export or re-export to sanctioned countries. The FAQ complements the existing guidelines for completing certificates required by French authorities (see here).

Concerned companies should be mindful of consulting the FAQ when preparing their NRCs. It is crucial to closely follow the guidance from the French Ministry of Armed Forces in order to avoid any follow-up questions which may delay the transaction or trigger any further investigation from the French authorities. This is particularly important in circumstances where sanctions regimes, notably against Russia, are becoming increasingly significant and more strictly enforced (read our latest update here).

Quarterly Sanctions Update | Q3 2024

by Raminta Dereskeviciute, Sabine Naugès and Michal Chajdukowski | Oct 8, 2024 | Sanctions & Export Control

Although the European Union and the United Kingdom did not introduce new sanctions against Russia over the summer, they extensively focused on the implementation of the existing measures and their enforcement. This week, however, a new package of sanctions aimed at tackling hybrid operations by the Russian government has been agreed upon, and is expected to be published in the coming weeks. In the same period, the Court of Justice of the European Union (CJEU) issued a number of landmark judgments clarifying certain aspects of the EU sanctions regime and has, in one instance, openly disagreed with the interpretation of the regime by the European Commission.

Furthermore, in line with the overarching goal of EU sanctions against Russia, which is to support Ukraine, for the first time, the European Union has transferred profits from frozen assets of the Russian Central Bank to the European Peace Facility and the Ukraine Facility, which will used the monies in support of Ukraine’s military and reconstruction needs.

Finally, acknowledging the current geopolitical situation in the Middle East, the European Union and United Kingdom continued to issue new sanctions against Hamas and Iran. The United Kingdom has also revoked certain licences allowing the sale of [...]

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EU Member States Implement Additional Measures to Regulate Export of Non-Listed Dual-Use Items

by Raminta Dereskeviciute, Sabine Naugès and Michal Chajdukowski | Oct 4, 2024 | Sanctions & Export Control

Member States in the European Union have taken additional measures beyond Regulation (EU) 2021/821 to control exports of dual-use items. More than half have extended authorization requirements for non-listed dual-use items suspected of being intended for military “end-use.” Additionally, five Member States have imposed export authorization for cyber-surveillance items linked to internal repression and serious human rights violations. The official publication of these additional national measures has just been released.

In Brief: Product Recall Requirements in Germany

by Dr. Boris Uphoff and Bianca Zagatta | Sep 30, 2024 | Compliance

There are a significant number of legal and practical considerations regarding product recall requirements in Germany.

In a Q&A with Lexology, our lawyers discuss notification requirements, and much more, in-depth.

Click here to access the full piece. [...]

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BIOSECURE Act: US to Target Chinese Biotechnology Companies

by Sabine Naugès and Llewelyn Engel | Sep 26, 2024 | Compliance, Foreign Investment

On September 9, the US House of Representatives passed H.R. 8333, known as the BIOSECURE Act, targeting WuXi AppTec, BGI, MGI, Complete Genomics, WuXi Biologics and Chinese biotechnology companies more broadly.

Measures & Context

If signed into law, the BIOSECURE Act would prohibit entities that receive US federal funding from doing business with foreign biotechnology companies affiliated with the People’s Liberation Army, including the five Chinese biotechnology companies explicitly named in the bill. The bill also seeks to prevent the transfer of US persons’ genetic information to foreign adversaries.

The bill addresses concerns that foreign biotechnology companies, particularly Chinese companies, could use genetic data for surveillance or espionage.

The bill’s measures are part of a broader set of restrictive measures against China following the passage of the Secure and Trusted Communications Networks Act. This law prohibits federal agencies from purchasing telecommunications equipment from certain foreign companies, including those from China, due to security concerns, and prevents them from contracting with companies that use such prohibited equipment.