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.
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).
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.
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.
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.