On March 30, 2023, the Department of Commerce’s Bureau of Industry and Security released a series of Frequently Asked Questions (FAQs) regarding human rights concerns and export controls. The FAQs address BIS’ authority under the Export Administration Regulations (EAR) to consider human rights concerns when reviewing export license applications, and states that exporters “are expected to exercise due diligence with regard to identifying human rights concerns.” The FAQs highlight that exporters should “know your customer” and may not “self-blind” 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. The FAQs provide helpful links to policy guidance as well as Department of State and United Nations (UN) reference sources and advisories. BIS also notes that export controls for human rights concerns may be controlled under the “Crime Control,” “National Security,” “Regional Stability” and “Surreptitious Listening” reasons for control categories. 

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. See Update of March 30, 2023.

Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

Photo of Samir D. Varma Samir D. Varma

Samir advises multinational corporations on export controls, economic sanctions and customs, and counsels individuals and corporations on the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws. He represents clients in enforcement actions before U.S. regulatory agencies and conducts corporate internal investigations.

Photo of Francesca M.S. Guerrero Francesca M.S. Guerrero

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some…

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some of their most challenging international transactions, involving dealings in high-risk jurisdictions or with high-risk counterparties. Francesca also counsels companies through all phases of internal investigations of potential trade and antibribery violations and represents companies across industries before related government agencies.