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Writer's pictureArne Mielken

EU CSDDD: Due Diligence Lessons for Export Controls

Discover how the Corporate Sustainability Due Diligence Directive (CSDDD) can benefit export control compliance, ensuring ethical practices across value chains. 🌍🔍


What This Blog Covers:

  • The relevance of CSDDD to export control compliance

  • How to harmonise due diligence practices

  • Practical steps to enhance compliance strategies


Why Reading This Blog Is Important for Import & Export Professionals

As the global regulatory landscape evolves, businesses engaged in import and export must stay ahead. The Corporate Sustainability Due Diligence Directive (CSDDD) is a groundbreaking initiative to safeguard human rights and the environment. But did you know that the principles of this directive can also enhance your export control compliance? This blog explores how integrating due diligence practices from the CSDDD into your export controls can help you mitigate risks, ensure compliance, and promote ethical business practices. 🌍📦


Abbreviations We Use in This Blog:

  • CSDDD: Corporate Sustainability Due Diligence Directive

  • EU: European Union


Harmonising Due Diligence with Export Controls

The Corporate Sustainability Due Diligence Directive (CSDDD) is a powerful tool for ensuring businesses conduct thorough assessments across their value chains to prevent human rights abuses and environmental harm. While this may seem like a new requirement, the essence of CSDDD has long been embedded in export control regulations, particularly within the EU.

Key Example: The EU's Dual-Use Regulation and the EU Common Military Position are already designed to prevent the misuse of goods that could harm human rights or the environment. These existing frameworks require businesses to conduct detailed due diligence, much like the CSDDD.


Export Control Due Diligence: A Framework to Build Upon

Export controls have always demanded rigorous due diligence for companies engaged in international trade. This involves scrutinising products, business partners, and transactions to ensure compliance with regulations that prevent the misuse of dual-use items—goods that can serve civilian and military purposes.


Implementing Comprehensive Due Diligence

For businesses navigating both export controls and the CSDDD, here’s how you can integrate comprehensive due diligence practices:


Product-Level Scrutiny

Start by evaluating the potential risks associated with your products throughout their lifecycle. From sourcing raw materials to final disposal, consider how your products might impact human rights and the environment.


Assessing Intended Uses

Examine the intended uses of your products, especially those with dual-use potential. Ensure that your items are not being diverted to harmful applications.


Partner Due Diligence

Conduct thorough background checks on business partners. This includes screening for any history of involvement in human rights abuses or connections with sanctioned entities.


End-User and Location Risk Assessment

Continually assess the geopolitical and socio-economic contexts of where your products will be used. High-risk jurisdictions often present greater challenges, making due diligence crucial.


Transaction Monitoring

Monitor transaction details carefully, looking for red flags such as unusual payment terms or deviations in shipping routes. This scrutiny helps avoid sanctions evasion and aligns with both export control and CSDDD requirements.


Conclusion

Incorporating CSDDD principles into your export control strategy is not just about compliance but fostering a more ethical, responsible approach to global trade. By adopting comprehensive due diligence measures, you can protect human rights, safeguard the environment, and strengthen your business’s compliance framework.


Expert Recommendations:

  • Conduct Product Life-Cycle Assessments: Regularly evaluate your products from sourcing to end-use.

  • Vet Your Partners Thoroughly: Use compliance tools to screen for any history of sanctions or human rights violations.

  • Assess Jurisdictional Risks: Identify potential risks in regions where your products are used.

  • Monitor Transactions: Look for red flags in sourcing, logistics, and payment terms.


How We Can Help

Customs Manager Ltd offers comprehensive support for integrating due diligence into your export control strategies. From import-export operations to bespoke consultancy and practical assistance, we are your go-to partner for compliance. We provide public, in-house, and on-demand training tailored for customs professionals, importers, exporters, and their partners. Our membership services include weekly customs trade intelligence and updates. We also offer UK import and export customs clearance services. Visit www.customsmanager.org for more details.



Disclaimer: The information provided in this blog post is for educational purposes only and should not be construed as legal advice. Consulting with legal professionals or specialists is recommended for specific compliance requirements and guidance. Book a free call with our expert at Customs Manager Ltd.

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