How to Create a Great Visitor Control Program for Exporters

First impressions are important. The manner in which you receive visitors at your company can create positive images of a quality organization and a favorable attitude about doing business with you. It can also directly impact whether or not your company is compliant with export regulations.

Does your company have a written policy for receiving visitors? If you're an exporter, your policy needs to incorporate practices that cover compliance issues pertinent to U.S. government export regulations. The transfer of commodities, software or technologies to foreign persons is subject to U.S. export control laws and regulations whether the transfer occurs inside or outside the U.S.

This article provides several tips and best practices based on working with and observing more than 200 companies, as well as conversations with U.S. government export regulatory officials, including the U.S. Department of Homeland Security and the U.S. Department of Commerce's Office of Export Enforcement.

Creating an Export Control and Compliance Program

If your company is subject to an audit or potential examination by an export official, being adequately prepared is good business. Visitor control is not an option for exporters who receive non-U.S. citizen visitors and who require an export license for their products or services and/or have a research or laboratory facility on-site. Even if you don't export but sell your products or services to U.S. customers who in turn export, it's still good practice to implement procedures that follow pertinent export rules and regulations accordingly.

Consider export controls when hosting or escorting a foreign visitor at your company. The transfer of technology through business discussions, presentations and tours represent deemed exports to foreign nationals and could be subject to U.S. export regulations.

A Written Policy

The first consideration for an effective export management and compliance program is a written company policy. The purpose of this policy is to prevent unauthorized access to your company trade secrets, controlled U.S. technology, or technical data by foreign nationals visiting the United States. If an individual or company exports, facilitates exports, or engages in controlled export activities, a basic knowledge of each department and employee is good practice.

In most companies, it is the export compliance manager or person charged with ensuring that export rules and regulations are followed who writes the policy. It is good practice for the company CEO or president to sign the visitor control policy indicating its importance and giving the document its proper authoritative status.

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A Good Receptionist Is Essential

The second consideration for good visitor control involves the company receptionist. This person is not only the official greeter but provides the basis for establishing the correct protocol for the visit. Consider these questions when training your receptionist, or in some cases, your security guard:

• Has this person been briefed on the company policy for visitation by foreign nationals?
• Has this person been trained on how to direct export compliance issues?
• Has this person been instructed what to do and how to handle a visit by a U.S. government official?
• If you are visited by a government official, who is the first person the receptionist calls—human resources, the export compliance manager, or both?
• Are substitute receptionists advised and instructed on the visitor policy as well?

It is also a good idea to have a plan in the event of a visit by an export official. If the first impression of your company is positive, this hopefully sets a favorable tone for the duration of the visit. An official once told me that if an exporter does not ask on the visitor form the country of citizenship then it is presumed that the company is most likely not cognizant of export regulations and compliance issues, and the examination will most likely probe to a greater extent.

Questions for Your Human Resources Department

The next part of your company visitor policy involves the human resources (HR) department. Here are some questions to consider:

• Does the HR department understand the importance of this program?
• Does the HR department give adequate information to all new employees regarding the corporate visitation policy?
• If you are visited by a government official is the HR department prepared when receiving the call from the receptionist?

The Guest Register

Another important aspect for visitor control is the guest registration book. I have noticed two formats of the guest book. One is a three-ring notebook with one sheet per visitor (usually for foreign nationals). Another is a computer at the reception desk for the visitor to enter requested information digitally. Whatever format you use, here are some recommended items to include on a Foreign National Visitor Registration Form:

These items are offered as guidelines only. You should include these and any other items pertinent to your company, your business, and the intended discussions. As with any export transaction and documents, keep these records for a minimum of five years. It is also a good policy to state that cameras, camcorders and voice recording devices may or may not be allowed pursuant to explicit authorization by management.

Information related to deemed exports may be found at the U.S. Bureau of Industry and Security website. If you need to get an export license for a foreign national to visit your facility you may want to obtain professional assistance, at least for the first time.

In conclusion, let me say that I have visited factories and offices when I went overseas, and I was the foreign national in their country. The practice of visitor control is also practiced overseas, and any global visitor should recognize good procedures based on universal practices and standards.

This article was first published in May 2010 and has been updated to include current information, links and formatting.