The EU needs a harmonised and future-proof export control framework that adequately accounts for evolving technologies and creates a competitive environment for EU exporters, with special consideration for SMEs and academic institutions. This requires modernising the 2021 Dual-Use Regulation, ensuring effective export controls that are proportional, flexible and focus on end-users, and encouraging inclusive stakeholder participation in export control discussions. Moreover, as cross-border research, development and innovation initiatives become the global norm, it is essential that the EU and its trusted partners focus on developing interoperable export control rules. This would help ensure that their businesses can compete on a level playing field and jointly benefit from cutting-edge innovations – including AI technology, quantum computing, semiconductors and biotech – and make it harder for nefarious actors to exploit loopholes.
Recommendations for effective and well-targeted export controls
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FSR compliance: complexity undermining competitiveness
The EU proposed the Foreign Subsidies Regulation (FSR) in 2021 to address foreign subsidies distorting the Single Market. Operating as a screening instrument behind merger control, it requires companies to notify the European Commission of foreign financial contributions (FFCs) they may receive when participating in public procurement or mergers and acquisitions activity. Preventing FFCs from distorting the Single Market is an important goal – and one that must be achieved without creating its own disruptions.
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One year on from ‘Liberation Day’, the transatlantic economy still stands strong – but it needs stability
Authored by Malte Lohan, CEO, AmCham EU
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MC14: deep concern over e-commerce moratorium deadlock
The American Chamber of Commerce to the EU (AmCham EU) is deeply concerned by World Trade Organization members’ failure to reach agreement on the moratorium on E-Commerce at the 14th Ministerial Conference (MC14) in Cameroon. The absence of an agreement undermines legal certainty for businesses and consumers worldwide. This deadlock further underscores the need for significant WTO reform.
Since its introduction, the moratorium on customs duties on electronic transmissions has played a vital role in enabling the global digital economy by ensuring the smooth cross-border exchange of digital goods and services. In an increasingly digitalised global economy, predictability remains essential for companies of all sizes operating across borders.
WTO members must now renew efforts to re-instate the moratorium at the next General Council meeting as a matter of priority. Delivering such an outcome would strengthen the multilateral trading system and better reflect the realities of modern trade.
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