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The Agenda

Recorded webstream of the 2018 Export Control Forum

The 2018 Export Control Forum brought together export control officials from EU institutions

and Member States with industry associations, exporters, manufacturers and other economic

operators involved in production or trade of dual-use items, as well as representatives of civil

society and academia.

The main objective of the 2018 Export Control Forum was to make an annual review of the

export control system in EU, as well as exchange information about its implementation.

The 2018 Export Control Forum also provided the opportunity to review the state of play of

the legislative process regarding the proposal for a modernisation of EU export controls.

This Forum supports the continuation of dialogue with dual-uses stakeholders, and in

particular the partnership with the private sector.

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Overview of key presentations

Morning session

Panel 1 - The proliferation threat landscape in 2018.

Diego Cándano. Mr. Diego Cándano chairs the Consultative Group of the Nuclear Suppliers

Group. He has been the Mexican delegate to the NSG and to the Wassenaar Arrangement

since Mexico joined these regimes. Previously he was foreign policy advisor to the President

of Mexico. Mr. Cándano’s presentation illustrates the role and contributions of the Nuclear

Suppliers Group, underlining the activity of the Group in the setting of policies and

commitments for the nuclear trade, and highlighting the importance of a continuous updating

of the lists in the NSG. All of this in a very complex environment.

Presentation by Diego Cándano

Karen Nies-Vogel. Ms Karen Nies-Vogel serves as the Director of the Office of Exporter

Services (OEXS) within the U.S. Department of Commerce’s Bureau of Industry and Security

(BIS). OEXS is responsible for the Bureau of Industry and Security’s outreach, education,

compliance and regulatory activities. In addition to counselling exporters, organizing and

providing seminars, and drafting changes to the Export Administration Regulations (EAR),

OEXS also advises exporters on compliance and administers compliance checks on exporters

shipping items subject to the EAR. In her presentation, Ms. Nies-Vogen illustrates the 2018

ECRA. The evolution of this act from 1979 to 2018; what is the same and what is new in the

2018 ECRA; the definition and the proposed rulemaking on Emerging Technologies.

Presentation by Karen Nies-Vogel

Aude Jalabert. Ms. Aude Jalabert is a French-German legal advisor specialized in

international trade law. She holds law degrees from the University of Paris II Panthéon-Assas

as well as Ludwig-Maximilians University of Munich. She started her career in the aerospace

industry as a legal counsel and U.S. export manager. Ms. Jalabert joined Infineon’s Export

Control Department in 2015. As part of her outreach activities, she is involved in the

European Dual-Use Reform through several Industry Associations and participate in P2P

Conferences of the European Commission as industry expert. Further, she takes part in and

supports other industry activities, in particular in the context of the UN Resolution 1540.

In her presentation, Ms. Jalabert illustrates some examples of new technology developments,

in particular the industry of the future and the car of the future. Further, Ms. Jalabert deals

with the impact of these new technologies on the export controls and on the related licensing

procedures.

Presentation by Aude Jalabert

Panel 2 - EU export controls in 2018: the state of play.

Stéphane Chardon. After university (legal and political studies in Strasbourg, Rome and

Paris) and military service, Mr. Stéphane Chardon served in the Secretariat for European

Affairs in Paris. He joined the European Commission in Brussels in 1996 as a lawyer. He

entered the Commission’s external relations department in 1999 and served in EU

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Delegations to Asmara (Eritrea) and Moscow (Russia). From 2006 to 2012 he was responsible

for EU sanctions/restrictive measures and for the Kimberley Process in the Commission’s

External Relations Directorate-General (DG RELEX). Since 2012, he is in charge of dual-use

export controls in the Directorate General for Trade (DG TRADE). In his presentation, Mr.

Chardon illustrates the state of play of the export controls system in the EU. In particular he

deals with the updating of the EU dual-use items list, the 2018 Annual report on the

implementation of the DU Regulation, the development of the IT infrastructure, the ICP

Guidelines and the ongoing legislative process for the recast of the Reg. (EC) n. 428/2009.

Presentation by Stéphane Chardon

Mr. Spencer Chilvers. He joined Rolls-Royce plc in June 2010, as part of the corporate

export control team with special responsibility for export control policy, and relations with

governments and the EU on export control issues. He is currently Chair of the Executive

Committee of the UK Export Group for Aerospace, Defence & Dual-Use and a member of the

Aero Space and Defence Industries Association of Europe (ASD) Export Control Committee.

He is also a member of the International Institute for Strategic Studies. In his presentation,

Mr. Chilvers offers the perspective of industry on the implementation of Dual-Use controls

and related matters in 2017-18. In particular he illustrates the main issues related to: electronic

transfers of technology; cyber security; electronic licensing systems; the qualification of

export controls staff; the screening of parties; emerging technologies; ICP guidelines and

leaves a question on the main uncertainties, related to recast and Brexit.

Presentation by Spencer Chilvers

Panel 3 - The development of EU industry compliance guidelines: after the public

consultation, what next?

Johan Evers. He started his career at the Flemish Parliament as project manager dealing with

projects that increase the capacity and enhance the institutional foundation for knowledge

based policy-making on issues involving new and emerging technologies. From 2016 to 2018,

he was seconded to the European Commission (Directorate General for Trade) as policy

officer for dual-use export control. He assisted in the dual-use export control policy review,

prepared the annual update EU dual-use list in line with international export control regimes

and liaised with Member States’ export control authorities. He chaired (and continues to co-

chair) the Technical Expert Groups on EU Internal Compliance Programme Guidelines and

on Electronic Licensing for Dual-Use Trade. Mr. Johan Evers recently re-joined the Ministry

of Foreign Affairs (Flanders, Belgium) as export control senior analyst. He conducts technical

assessments of dual-use and military export license applications, supports companies and

exporters and research centres to initiate or review internal compliance measures, and actively

participates in national and international export control events. As national technical expert,

he represents Belgium in the Wassenaar Arrangement. In his presentation, Mr. Evers makes

an overview of the process of development of EU ICP guidelines for dual-use export controls.

In particular, he illustrates the results of the public consultation phase, and the next steps until

the publication of the guidelines.

Presentation by Johan Evers

Giovanna Maletta. Researcher in the Dual-Use and Arms Trade Control Programme at

SIPRI. Her research interests include trade compliance and enforcement issues with a

particular focus on the dual-use and arms export control policies of the EU. Most recently, she

mapped ICP available guidance at the European level and analysed the proliferation

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challenges posed by the transfer of software and technology. Prior to joining SIPRI, Ms.

Giovanna Maletta worked as a Blue Book Trainee in the Disarmament, Non-proliferation and

Arms Export Control Division of the European External Action Service (EEAS) and as Intern

in the International Cooperation Branch of the Organization for the Prohibition of Chemical

Weapons (OPCW). In her presentation, Ms. Maletta makes an overview of the available ICP

guidance in the EU, illustrating good practices, gaps, and comparing them to the new EC

proposal.

Presentation by Giovanna Maletta

Bärbel Sachs. Partner in the Berlin office of the European law firm Noerr, Ms Bärbel Sachs

heads the firm’s international trade law team. She advises clients on all areas of trade

compliance, including on export controls, sanctions and customs law. One focus is to advise

clients on tailoring and implementing internal compliance programs. In her presentation, Ms.

Sachs, basing on the German experience, illustrates her personal account on the typical

violations of trade controls in Germany, underlining the remaining challenges for the ICP in

the actual framework.

Presentation by Bärbel Sachs

Panel 4 - The "digitalisation of export controls": export controls in the digital age.

Jean-Marc Reynders. After 10 years in the telecommunication domain, Mr. Jean-Marc

Reynders joined the Commission in 2006, in the research directorate, and has been with DG

TRADE for the past 5 years. He is the officer in charge of the IT developments in support of

the Trade Policy. As part of his project portfolio, he is responsible for the DU e-Licensing

project. In his presentation, Mr. Jean-Marc Reynders presents the DU electronic licensing

project, which has the main objective to offer a complete paperless process for the export of

Dual Use items.

Presentation by Jean-Marc Reynders

Mari Pultsin. Ms. Mari Pultsin has been working in the field of information technology and

digitalization for the past 10 years, helping governments to digitalize their processes.

Currently Ms Mari Pultsin is a member of the Management Board of Spin TEK AS. She is

also leading the export project of the Estonian strategic goods information system (Stratlink),

which kicked off successfully last year in the republics of Ukraine and Moldova. In her

presentation, Ms. Mari Pultsin makes an overview of the Stratlink project, and illustrates the

structure and the functionalities of Stratlink.

Presentation by Mari Pultsin

Mr. Mathias Cellarius. Mr. Mathias Cellarius is SAP’s Global Data Protection Officer and

the head of Data Protection and Privacy at SAP. Mathias further heads “SAP Export Control”.

His professional experience spans the company’s legal, public policy, research and

intellectual property functions. Mathias holds a law degree from the University of Freiburg

and his bachelor law degree with the higher regional court of Karlsruhe. In addition, he holds

a Master of Business Administration (MBA) with the University of Mannheim. In his

presentation, Mr. Mathias Cellarius illustrates the relationship, the challenges, the threats and

the implications of usage of cloud in the Export Controls framework.

Presentation by Mathias Cellarius

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Afternoon session

Panel 5 - Export controls and cyber-surveillance technology

Tanja Röling, Currently she is serving as the Head of the division Export Controls and

Strategic Goods at the Ministry of Foreign Affairs of the Netherlands. In this capacity, she

represents the Netherlands in different export-control regimes (NSG, MTCR and Australia

Group). Her responsibilities include the development of policy and implementation of dual-

use export-controls in the Netherlands. Previously she worked in the Office of the Secretary-

General at the Ministry and at the Dutch Embassy in Moscow. In her presentation, Mrs. Tanja

Röling illustrates the Dutch approach to export controls of Cyber-surveillance technology,

also in relation to the prevention of possible human right violations.

Presentation by Tanja Röling

Lucie Krahulcova. EU Policy Analyst for Access Now, an international Non-Governmental

Organisation that defends the digital rights of users at risk around the world. She provides a

human rights perspective on unfolding European legislation, working on issues that fall under

the umbrella of the European Agenda on Security and the Digital Single Market. Her primary

focus is on cyber security, export controls, data retention, surveillance and profiling, and Net

Neutrality. To that end, she is coordinator for the Global Net Neutrality coalition. In her

presentation, Ms. Lucie Krahulcova makes, from the perspective of an NGO as Access Now,

a report on Cyber-surveillance technologies and human rights. In particular, she walks

through some cases related to possible misuses of Cyber-surveillance technology, highlighting

some aspects to be implemented in the EU export controls on these technologies.

Presentation by Lucie Krahulcova

David Hughes. Director of Symantec Corporation’s Trade Compliance EMEA team, Mr.

David Hughes has been working in Trade Compliance in Symantec for 12 years, and has

responsibility for import and export policy in the EMEA region. Before joining Symantec, he

worked for the Export Licensing Unit in the Department of Enterprise, Trade and

Employment. In this role he represented Ireland at EU meetings (such as the Working Party

on Dual-Use goods) and at Wassenaar (attending the Experts Group and the Licensing and

Enforcement Officer’s Meeting (LEOM)). In his presentation, Mr. David Hughes gives the

perspective of the Information Security industry on current and future EU Export Controls. In

particular, he makes an overview of the Cyber-surveillance technologies, defining them and

putting them in relationship with the new Commission proposal for the recast of DU

regulation. In particular, he highlighted the issues related to EUGEA, Catch-All controls and

explained the Symantec’s approach to “Exercising due diligence” on human rights concerns.

Presentation by David Hughes

Panel 6 - Balancing Export Controls and Academic Research?

Michael Peeters. Mr. Michael Peeters started his career at the Belgian Federal Parliament,

specifically for the Defence Committee and the Military Procurement Committee. He then

changed to the Flemish Department of Foreign Affairs, where he developed a new export

control unit, the Strategic Goods Control unit, which he still manages. Mr. Michael Peeters

has thus – next to his management experience – an extensive practice of export control issues,

ranging from drafting export control legislation to international outreach activities and

supporting his competent ministers on the political level. In his presentation, Mr. Michael

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Peeters illustrates the Flanders Export Control Outreach to Academia. He makes an overview

of the whole process of export controls for Academia, starting from the first steps in export

control, walking through the definition of ICP Guidance for Industry and the successive

publication of guidelines for the Export Control Compliance by Academia.

Presentation by Michael Peeters

Branislav Aleksic. Export Control Officer and Legal Counsel at Fraunhofer Headquarters in

Munich, Germany. For the past five years, he is managing Trade Compliance for Fraunhofer-

Gesellschaft and its 72 institutes with practice focuses on international foreign trade and

export compliance matters. Fraunhofer-Gesellschaft is the largest organization for applied

research in Europe with 72 Institutes and research facilities at different locations in Germany.

It conducts research under contract for industry, the service sector and public administration

with research centres, representative offices and senior advisors in Europe, North and South

America, Asia, the Middle East and Africa. In his presentation, Mr. Branislav Aleksic

illustrated the role, the structure and the responsibilities of Export Controls at Fraunhofer.

Furthermore, he pointed out the main challenges for research organisations operating on dual

use topics.

Presentation by Branislav Aleksic

Katleen Janssen. Legal counsel at Katholieke Universiteit Leuven Research & Development,

the tech transfer office of KU Leuven, one of Europe’s most innovative universities. Prior to

moving to KU Leuven Research & Development, she worked as a researcher for the Centre

for IT and IP law of KU Leuven and obtained a PhD with a thesis on the legal issues of open

data. In her presentation, Ms. Katleen Janssen illustrated the specific concerns from the

Academic sector related to the Dual use regulation, and the challenges for universities in the

Export Control field. Furthermore, she provided some key messages, related to the need of

clarity and unambiguousness in the regulations, and to the need of guidance for university and

researchers.

Presentation by Katleen Janssen

Katsuro Igari. Director at Security Export Control Administration Division of Ministry of

Economy, Trade and Industry (METI), Japan. Mr. Katsuro Igari is now in charge of legal

issues, outreach to academia and industry, and enforcement issues at METI. Given the rapid

increase of international students in Japan and the development of dual-use technology at

universities, Japan is addressing on controlling intangible transfer of technology in academia.

In his presentation, Mr. Katsuro Igari has introduced Japan's experience with the control of

academia.

Presentation by Katsuro Igari

Panel 7 - The 2018 Dual-Use list: the highlights.

Christian Eisele. Technical expert since 2015 at the Federal Office for Economic Affairs and

Export Control (BAFA). Dr.-Eng. Christian Eisele is responsible for basic technology issues;

evaluation of Emerging Technologies and international activities, including multilateral

export control regimes. He is also in charge of technical expertise in relation to the rating of

items and control lists and participates in outreach. In his presentation, Dr.-Eng. Christian

Eisele provided an overview of Control List changes 2018 due to the update of Control Lists

in Wassenaar Agreement and in Missile Technology Control Regime.

Presentation by Christian Eisele

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Xavier Arnés-Novau. Project officer from the Joint Research Centre (European Commission)

placed in Ispra (Italy), Dr. Xavier Arnés-Novau joined to the Strategic Export Control team in

2016. He is a Customs officer on temporary leave, who in the past worked in the Port of

Barcelona for 10 years. He holds a PhD in organic chemistry, and participates in the Australia

Group meetings, representing the Commission as a technical expert. In his presentation, Dr.

Xavier Arnés-Novau provided an overview of Control List changes 2018 due to the update of

Control Lists in Australia Group and in Nuclear Suppliers Group.

Presentation by Xavier Arnes Novau

Panel 8 - The legislative process: the long march towards a modernised export control

regulation.

Mr Pawel Piec. Global trade director in corporate and government affairs office of Intel

Corporation. Mr. Pawel Piec oversees import and export policy in EMEA region. He has over

20 years of experience in international trade and prior to Intel he has worked as trade manager

at Apple and PwC. In his presentation, Mr. Pawel Piec provided the point of view of industry

on some expected licensing simplifications for Cryptography, analysing and comparing the

NGEAs in Germany, UK and Netherlands. Furthermore he pointed out some expectations and

suggestions for the new GEA EU009.

Presentation by Pawel Piec

Nele Meyer. Senior Executive Officer, working for Amnesty International. In her

presentation, Ms. Nele Meyer, basing on her experience in the field of human rights defence,

pointed out, from the perspective of a NGO, the need of not to miss the opportunity to

implement an export control system, in particular for cyber surveillance technology, with the

following characteristics: effectiveness, transparency and grievance/accountability

mechanisms.

Presentation by Nele Meyer

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