Passages

The International Trade Blog

Matthew Silverman

Matthew Silverman

Matthew Silverman is the Global Trade Director & Senior Counsel at VIAVI Solutions in Scottsdale, Arizona. Prior to joining VIAVI Solutions, Matt held trade compliance roles in the technology, aerospace and energy industries, with specialization in export controls, economic sanctions, antiboycott law and customs. Prior to his corporate career, Matt worked in Washington D.C. on trade policy and legislation. Matt began his legal career as a litigator in Chicago, Illinois. Matt earned his bachelor’s degree from the University of Michigan - Ann Arbor, his J.D. from Loyola University Chicago School of Law and his LL.M. from Georgetown University Law Center in Washington D.C.

Articles Written By Matthew Silverman

How to Develop and Implement an Export Compliance Manual

Whether you’re sitting down to write your company’s export compliance manual from scratch or already have a framework in place and just need to make revisions and updates, developing and implementing an export compliance manual can be a daunting task. The following provides tips and insights into drafting a comprehensive, accessible and auditable export compliance manual that can be implemented companywide.

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Calculating the Value of International Trade Compliance for Your Company

Trade compliance provides avalue to companies that is simple enough for management and mostemployees to appreciate and understand—helping the company avoid legal violations that can result in monetary penalties, loss of import/export privileges and reputational damage that can in turn have negative business and financial implications.But as withmost compliance functions, the added value of trade compliance can often be overlooked or underappreciated (even by trade compliance professionals themselves).

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Build a Visitor Management Program That Ensures Export Compliance

In addition to controlling tangible shipments of U.S. products and software from one country to another, U.S. export regulations also control the transfer of U.S.-controlled technology to non-U.S. persons. This type of transfer or “release” is called a deemed export. A deemed export can occur via a number of channels, including verbal exchanges or visual inspections. Therefore, companies must be discreet and secure with regard to export-controlled documents, products and technology that could be viewed or discussed during on-site meetings or site tours—hence the importance of visitor management in the field of export compliance.

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Ensuring Export Compliance in Activity-Based Working Spaces, Home Offices

Many companies are transitioning to or have already adopted activity-based working (ABW) environments, which allow employees to choose from a variety of work settings depending on the nature of their roles or daily activities. ABW environments are often designed with an eye toward open and communal collaboration; this comes with export compliance risks related to U.S.-controlled technology and information.

ABW has been the norm for many years in the tech industry, but it's growing in popularity outside of Silicon Valley as more companies adopt this office structure and work mentality. Of course the recent work-from-home trend caused by COVID-19 has slowed or halted ABW progress, but when employees begin coming back to work later this year or next, the ABW environment (or some version thereof) may be the new normal for some.

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What HR Needs to Know About Export Compliance and Deemed Exports

For most human resources professionals, international trade and export compliance are not topics they expected to encounter during their day-to-day jobs. However, at many companies, the partnership between export compliance and HR is crucial. The following summarizes key intersections and how HR may serve a valuable and necessary role in ensuring export compliance company-wide.

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