Trust, But Verify … Therein Lies the Rub: A Fresh Look Audits of Export Controls Compliance Programs
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Brent Carlson and Michael Huneke discuss how to enhance the effectiveness of export controls compliance audits in light of increasing enforcement signals by the Department of Commerce’s Bureau of Industry and Security (BIS) and bipartisan scrutiny from Congress.
They explain how new geopolitical, regulatory, and business realities have undermined traditionally relied-upon inputs audits. Approaches that worked in the past may no longer prove reliable.
Audits can be more effective by adopting a “fresh look” at underlying inputs and making judgments about compliance risk that are both relatively verifiable (or reliable) and determinative—while discounting or ignoring risks. This will help protect companies, their people, and their legitimate core businesses from increasing government scrutiny, enforcement risk, and material disruptions.
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