Commerce to Formally Consider Human Rights Implications in Export Promotion Efforts
The Commerce Department recently introduced a new policy as part of its export promotion work that will formally require the International Trade Administration to determine whether any potential export assistance would contribute to human rights concerns, including assistance for shipments that could cause surveillance technology to be exported to human rights abusers. The agency outlined the new policy in an October letter to Sen. Ron Wyden, D-Ore., who asked Commerce in May to review its export assistance to companies that may sell “dangerous surveillance technology” in certain foreign markets (see 2305300025).
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Since May, Commerce has added a “detailed” addendum on human rights to its Global Markets Client Eligibility Policy, which will require ITA staff, along with other agencies, to review “whether providing export assistance would raise significant human rights concerns,” Caitlin Kovalkoski, an ITA official, wrote to Wyden in the letter, which was released Nov. 1. If ITA finds there are human rights concerns, the agency will “decline export promotion, advocacy, and commercial diplomacy assistance.”
Kovalkoski said ITA has briefed its regional staff on the new policy and offered “example scenarios” for when it should decline to give export promotion assistance, including for shipments of facial recognition software to a foreign government that has used similar technology to “suppress dissidents and opponents of the government.” The agency will “continue to train staff” on the new policy, she wrote, including by encouraging officials to draw on resources from across the government to “make informed decisions.”
Wyden said he appreciates Commerce’s response, adding that this is the “first time” the agency “is making clear that the United States will not help companies find foreign markets for products or services that undermine democracy or enable repressive surveillance and discrimination.” The senator said he is still “concerned about the U.S. government’s prior promotion of these technologies” and looks forward to “monitoring the implementation of these new policies and ensuring they are followed in practice.”
Under the new policy, Commerce will decline export promotion if it finds a product or service "raises significant concerns of potential for use or misuse to commit a gross violation of human rights" or violate "civil and political rights by a foreign government or foreign government-sponsored private entities in the potential target market." ITA officials will examine the "potential for the product or service to be used or misused to commit such violations" as well as the "intended end user of the product or service." Products that will be subject to this review include artificial intelligence surveillance and tracking software, biometric tracking software or tools, surveillance equipment, detention equipment, and munitions, including military equipment.