Successful export control of digital products and services
Exporting technologies, services and digital applications via digital channels presents companies with new challenges, as these exports are often not covered by existing export control processes. Help with export control is available in the form of the “Export control of digital products and services” guidelines and a checklist, both of which were developed in a project by the Swiss Institute for Entrepreneurship (SIFE) at the University of Applied Sciences of the Grisons.
With regard to export control, transactions must first be assessed to ensure that the transaction is conducted in accordance with export control laws. The following 4 W questions help to assess business cases:
- What is to be exported?
- Who is involved?
- Where do you want to export to?
- What is the application software or technology used for?
Export control challenges in the digital environment
The study identifies six key challenges for export controls in the digital environment and measures to ensure that they are handled in compliance with the law.
- Classification process for software: For an export control assessment of software, as with industrial material goods, it is advisable to create a bill of material of the components and tools used and to assess these components individually.
- Research and development: Caution should be exercised when globally distributed teams interact informally in digital form across national borders. A list of dos & don’ts provides guidance for working together collaboratively.
- Use of cloud-based services: When evaluating data transfers in cloud computing under export control law, not only do the export control regulations of your own location need to be taken into account, but also those of the cloud servers’ location and of the countries from which the data is accessed.
- E-commerce: Care must be taken to ensure that controlled products and services are not included in the e-shop’s range and that individuals, companies and countries affected by sanctions are not supplied.
- Data-based services (smart services): From an export control point of view, it is essential to monitor access to services in order to determine the location from which they are being accessed and whether the person concerned has the right to purchase and use these services at all.
- Knowledge exchange and transfer with customers in connection with training and services: The transfer of technical knowledge, whether in person at the customer’s premises, by telephone or video conference, is subject to export control regulations. Employees who have contact with customers must also be trained on how to pass on information and data correctly.
Checklist for export control of digital products and services and further information
Download the checklist below for a step-by-step review of the problem areas involved in the export control of digital products and services.
Detailed information about the project and the challenges in the area of trade compliance and export control in connection with digital exports as well as the guide and checklist are available on the Swiss Institute for Entrepreneurship’s website.
Contact:
Oksana Crameri
University of Applied Sciences of the Grisons
Swiss Institute for Entrepreneurship
oksana.crameri@fhgr.ch
