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Export controls training can be, and often is, viewed as a requirement of niche specialists within an organisation and/or just awareness raising. Whilst both of these are true to some extent, viewing export controls training in such ways detracts both from the effectiveness of the training itself and from the real bottom line benefits which can be delivered by training in the various contexts or functions of any given business. This is especially true where US export controls are concerned.

The impact of export controls and therefore the message to be delivered by export controls training is different in different business areas. The needs of an engineer are different from those of an HR specialist who may have to manage the intractable problem of US controls based on nationality. Moreover, the export controls training needs of a design engineer are not the same as those of a sales engineer servicing existing products. The sales engineer ‘is where he is’ in terms of existing products and needs to understand the export controls applicable to that range of products and technologies with which he deals and to do so in the context of his geographical area of responsibility. The design engineer on the other hand needs to understand the reasoning behind the controls in the context of the products which the company needs to deliver in the future. This is one of the biggest opportunities missed by many companies operating in the export controls arena.

In the all too common situation where companies have created export controlled items through ignorance of the applicable controls, the opportunity lies in determining whether and how future products can meet the needs of customers without being export controlled at all or whilst keeping the impact of those controls to the minimum necessary to meet customer needs. This logic applies at the raw material and component level, just as much as it does at the finished product level. There is nothing wrong with designing out export controls; this is the equivalent of tax avoidance, not tax evasion!

True, if you make missile components then designing out export controls may prove just a touch difficult. However, in many industries, designing out export controls may be not only sensible in terms of reducing bureaucracy and overheads but directly profitable in terms of opening up new markets. For example, if you are designing an airborne surveillance system which can be used on Unmanned Air Vehicles (UAVs), amongst other platforms, e.g. helicopters, fixed wing light aircraft, the first thing to consider is are you designing this as a system for military use? The fact that it might be used by the military is NOT the same thing as actually designing it for a military application.

What, as the design authority, is your intent? If your intent is to develop a multi-platform system which can be used by, for example, civilian emergency services as well as, possibly, by the military then your product moves from being export controlled as a military product to requiring consideration under dual-use controls. Depending on the exact nature of the system, it may or may not be caught by dual-use controls. This logic is not confined to UAVs, or even to the aerospace industry. There are many opportunities to design and define products in such a way that the impact of export controls is minimised.

Effective export controls training, focused on different areas of your business, can mean that in future what you might have designed as a tightly regulated military product will be designed as something which meets a customer need but, at most, is subject to the less restrictive dual-use controls. World class companies do this; that is one of the reasons why they’re world class. Fewer restrictions equals larger market, equals more sales, equals greater return on investment.

It is emphasised that this is not a recommendation to circumvent controls; rather it is encouragement to understand the controls, not just as they apply to your business but as they apply to different aspect of your business, in order that you can make informed decisions which may create greater market opportunities without damaging strategic security.

For further information regarding US export controls, please visit our website at http://www.davidhayes-exportcontrols.com.