On September 4, 2019, the U.S. Department of State released their draft guidance for the Export of Surveillance Technology.

The guidance offers recommendations to exporters on due diligence and risk mitigation considerations.

Some of the recommendations include, but are not limited to:

• Tailoring the item to minimize the likelihood of misuse;
• Reviewing the human rights record of the government agency end user;
• Reviewing the government end user’s laws and regulations;
• Reviewing the stakeholder entities involved in the transaction;
• Using contractual and procedural safeguards to mitigate human rights risks;
• Publicly reporting on the export transaction.

Additionally, the guidance contains two appendixes on human rights tools, reports and guidance, and government laws, regulations, and practices that could raise concerns.

According to the State Department, “this guidance is not intended to be, nor should it be interpreted as, comprehensive or mandatory.”

The draft guidance may be found here:

https://www.state.gov/draft-u-s-government-guidance-for-the-export-of-surveillance-technology/